CITY OF SARASOTA City of Sarasota Board of Adjustment Minutes July 27, 2022 The following are the motion minutes of the Board of Adjustment meeting held in the City Commission Chambers at City Hall, 1565 Ist Street, on Wednesday, July 27, 2022. All in attendance stood for the Pledge of Allegiance. The meeting came to order at 12:30 p.m. Chair Ruch reminded everyone in attendance to silence their cell phones and stated that the microphones were live and recording. Roll call was taken. PRESENT: Matthew Ruch, Chair; Olga Hanlon, Vice Chair; Shane LaMay, BOA Member; Chad Turnbull, BOA Member; Alison Christie, Development Review Senior Planner, Development Services, and Secretary to the Board; Angela McLeod Wilkins, Administrative Assistant, Development Services ABSENT: James Lee, BOA Member LEGAL COUNSEL: Mike Connolly, Deputy City Attorney The June 29th, 2022 meeting minutes were approved with corrections. Mr. Connolly announced that Variance Petition No. 2022-VAR-01 for 535 S. Boulevard of the Presidents had been continued to August 31, 2022. Mr. Connolly then explained the Quasi-judicial hearing procedures and noted that several forms for Affected Person Status had been filed fori the hearings. Ex-parte communications were disclosed. Ms. Chistie recited the Pledge of Conduct for all in attendance, and everyone intending to speak was sworn in. Time Limits were announced. NEW BUSINESS Variance Petition No. 2022-VAR-08, Jeffrey K. McFadden, owner, requesting a variance to replace a seawall and cap at a height of +6.74 feet above mean low water when the maximum elevation allowed for seawalls or bulkheads is +5 feet above mean low water. A total variance of 1.74 feet is requested. Address: 321 Ringling Point Drive. Zoning Code Section: VII-1304. Legal Description: On file in the Zoning Division of the Development Services Department, City of Sarasota. Zone District: RSF-1 (Residential Single Family). Joseph T. Foster, agent. Mr. Connolly called on Ryan McDonough representing Blythe McDonough, as Ms. McDonough had completed a form for Affected Person Status and designated Mr. McDonough as her representative. Mr. McDonough was in attendance and was, therefore, granted Affected Person Status. The public hearing was opened. Ms. Christie provided an overview of the petition. Kat Massey, agent for the owner, approached the dais. Ms. Massey presented the variance petition to the Board. The Board questioned Ms. Massey. Mr. Connolly called on Affected Person, Ryan McDonough. Mr. McDonough approached the dais and voiced his concerns about the effect of the proposed seawall on his mother's property. Ms. Massey approached the dais and provided a rebuttal. There were no further comments from staff. No person from the public signed up to speak. The Public Hearing was closed. The Board discussed the variance petition and the process of prompting a zoning text amendment. Vice Chair Hanlon made a motion to approve the variance petition. The motion was seconded by Mr. LaMay. The: motion passed 3-1. (Hanlon yes; Ruch - yes; LaMay - yes; Turnbull - no) Vice Chair Hanlon made a motion to request City Commission to direct staff to raise the height of seawalls due to sea level rise. The motion was seconded by Dr. Turnbull. The motion passed 4-0. (Hanlon yes; Ruch - yes; LaMay yes; Turnbull - yes) Variance Petition No. 2022-VAR-09, Allen and Patricia Shipes, owners, requesting two (2) variances: 1) a reduction oft the minimum lot width requirement of 80 feet to 68.2 feet, for a total variance request of 11.8 feet; and 2) a reduction of the minimum front setback requirement of 20 feet to 8 feet, for a total variance request of 12 feet. Address: 1621 Bay Point Court. Zoning Code Table: VI-203. Legal Description: On file in the Page 2 Zoning Division of the Development Services Department, City of Sarasota. Zone District: RSF-2 (Residential Single Family). G. Matthew Brockway, agent. Mr. Connolly called on Michael Heckert, Suzette Steiger, Mary Sterling-Wiener, as they completed forms for Affected Person Status. Mr. Heckert, Ms. Steiger, and Ms. Sterling-Wiener were all in attendance and were, therefore, granted Affected Person Status. The public hearing was opened. Ms. Christie provided an overview of the petition. Matthew Brockway, agent for the owners, Michelle Galiano, Architectural Designer with TROP Architecture, and Allen and Patricia Shipes, owners, approached the dais. Mr. Brockway presented the variance petition to the Board. The Board questioned Mr. Brockway. Mr. Heckert approached the dais and voiced his concerns related to setbacks and drainage. Ms. Steiger approached the dais and voiced her conçerns related to setbacks and drainage. Ms. Sterling-Wiener approached the dais and voiced her concerns related to drainage and access of her driveway. Mr. Brockway, Ms. Galiano, and Mr. and Ms. Shipes approached the dais. Mr. Brockway provided a rebuttal. No: member of the public signed up to speak on the petition. The public hearing was closed. The discussed the petition. Ms. Hanlon made a motion to approve the portion of the variance related to lot width. The motion was seconded by Dr. Turnbull. The motion passed 4-0. (Hanlon - yes; Ruch - yes; LaMay yes; Turnbull - yes) The Board discussed the second variance for an adjustment to the minimum requirement for a front yard setback. Vice Chair Hanlon made a motion to deny variance number two, for a front yard setback. The motion was seconded' by Mr. LaMay. The motion was split 2-2. (Hanlon - yes; Ruch no; LaMay yes; Turnbull - no) Mr. Connolly stated that the variance would have to go before the Board the next time that all five Page 3 members are present to be voted on. The Board engaged in further discussion related to the front yard variance request in an attempt to resolve the vote. Mr. Connolly repeated the motion. Ms. Christie took the vote for the second time. The motion remained split 2-2. (Hanlon yes; Ruch - no; LaMay - yes; Turnbull no) The Board decided to have the variance request continued to October 26, 2022 in the City Commission Chambers. Variance Petition No. 2022-VAR-14, Wilson and Julia Bales, owners, requesting a variance to construct a fence with a height of 12 feet when 6.5 feet is the maximum fence height allowed. A total variance of5.5 feet is requested. Address: 315 Jackson Drive. Zoning Code Section: Zoning Code Section: VII-1101()(1). Legal Description: On file in the Zoning Division of the Development Services Department, City of Sarasota. Zone District: RSF-2 (Residential Single Family). Julia Bales, owner. Mr. Connolly called on Leonard De Michele, as he had completed and submitted a form for Affected Person Status. Mr. De Michele was not in attendance and was, therefore, not granted Affected Person Status. The public hearing was opened. Ms. Christie provided an overview of the petition. Julia Bales, owner, approached the dais and presented the variance petition to the Board. The Board briefly questioned Ms. Bales. No member ofthe public signed up to speak on the petition. The public hearing was closed. The Board discussed the petition. Dr. Turnbull made a motion to approve the variance petition. The motion was seconded by Vice Chair Hanlon. The motion passed 4-0. (Hanlon yes; Ruch - yes; LaMay - yes; Turnbull yes) Vice Chair Hanlon made a motion to ask the City Commission for a Zoning Text Amendment to allow for an acoustic barrier up to 6 feet above the finished floor elevation of the pool where adjacent to a vacation rental property. A brief discussion ensued. Page 4 Dr. Turnbull seconded the motion. The motion passed 4-0. (Hanlon yes; Ruch - yes; LaMay yes; Turnbull - yes) Presentation of Topics by Board Members Dr. Turnbull proposed to take the August 2023 meeting off. The Board agreed. The Board discussed he process for expediting simple variance requests and Mr. Connolly explained zoning text amendments. Vice Chair Hanlon stated that she would be having surgery in' October and informed the Board that she may: not be in attendance at the October 26, 2022 meeting. Dr. Turnbull proposed a motion to ask the City Commission to allow for two appointed alternate Board of Adjustment members. The motion passed 4-0. (Hanlon yes; Ruch - yes; LaMay yes; Turnbull - yes) The Board discussed the number of petitions that can go before the Board at a single meeting. The Board decided that the August 31, 2022 meeting would start at 10:00 a.m. due to the number of Affected Parties. Presentation of Topics by the City Administration or Legal Counsel to the Board Ms. Christie stated that a Petitioner who submitted their application on time would be postponed due to the number of Affected Parties for the continued Petition No. 22-VAR-01. Mr. Connolly stated that the postponed petition should go before the Board at the September 28, 2022 meeting. Scheduling of Special Meetings There were no Special Meetings scheduled. Adjournment The meeting adjourned at 2:50 p.m. W ae RJ A hiemn Knsattt CHAIRPERSON of the Board of Adjustment SECRETARY to the Board of Adjustment Page 5