CITY U BARASOA City of Sarasota Board of Adjustment Minutes June 26, 2019 The following are the motion minutes of the Board of Adjustment meeting held on Wednesday, June 26, 2019. The meeting came to order at 1:30 p.m. Chair Freedman reminded everyone in attendance to silence their phones and to speak into the microphones. Roll call was taken. PRESENT: Alan Freedman, Chair; Paul Israelson, Vice Chair; BOA members Calvin Bryant, Herb Ruderman and Edward D'Agostino; Gretchen M. Schneider, General Manager, Development Services and Secretary to the Board; Angela McLeod Wilkins, Administrative Assistant, Development Services. ABSENT: None LEGAL COUNSEL: Mike Connolly, Deputy City Attorney The minutes of the April 24, 2019 meeting were approved as submitted. Mr. Connolly explained the quasi-judicial procedures. Mr. Connolly stated there were two applications for Affected Person status. Douglas Christy was present at the hearing and was granted Affected Person status. George Minnig was not present and was not granted Affected Person status. Ex-parte communications and site visits were announced. Reading ofthe Pledge of Conduct. Everyone intending to speak was sworn in. Time Limits were announced. Variance Petition No. 2019-VAR-03: Robert Pangia, owner requesting an after the fact setback variance for an addition to a single-family dwelling. A combined side yard setback of 20 feet is required and 19.2 feet is proposed. Address: 267 Robin Drive. Zoning Code: Table VI 203. Legal description: Lot 30, Block 1 of Bird Key Subdivision. Zone district: RSF-1 Residential Single Family. Nathan Cross, agent for owner. The public hearing was opened. Ms. Schneider provided an overview of the requested variance and explained that the City's Zoning Code requires spot surveys to be submitted during the foundation stage of construction SO that ift there is an issue, it can be easily corrected before advanced construction. Nathan Cross, agent for the owner, presented the variance being requested. Mr. Cross made a new argument that the subject addition is actually a bay window and therefore can encroach into the setback. Ms. Schneider noted that this was the first she had heard of this argument, but looking at the floor plan, the two rooms that make up the addition would not be a bay window. The Board questioned Mr. Cross regarding the variance. Affected Person, Douglas Christy, representative for the Bird Key Homeowners Association, Cross examined Mr. Cross. Bill McNulty, a representative of the Bird Key Homeowners Association and Architectural Review Committee member, joined Mr. Christy as an Affected Party and was questioned by Mr. Christy. Mr. Christy and Mr. McNulty stated the Bird Key Homeowners Association opposition to the granting oft the variance. Citizen, Lou Costa, stated that he is a member of the Bird Key Homeowners Association. Mr. Costa stated that the association is not Draconian and that it is there to help residents of Bird Key. Citizen, Jonathan Parks, stated that he had worked with Mr. Cross and found him to be a conscientious builder and made an argument for the addition as a bay window. Mr. Connolly stated that Mr. Parks' time to speak had expired and instructed Chair Freedman to dismiss Mr. Parks from the table. Mr. Cross provided a rebuttal. Ms. Schneider provided a rebuttal. The public hearing was closed. The Board discussed the variance request. Mr. Bryant stated that he took issue with the continued construction after Mr. Cross was informed that the survey was not approved. Mr. Page 2 Israelson stated that he took issue with the criteria, specifically criterion No. 5, due to Bird Key's position that it would negatively impact the community. Mr. Ruderman agreed and stated that he took issue with the survey being denied and Mr. D'Agostino stated that construction should not have continued when Mr. Cross was informed that the spot survey had been denied. Mr. Freedman stated that the variance criteria were not adequately met. Mr. Israelson made a motion to deny the variance and it was seconded by Mr. Bryant. The variance was denied 5-0. Administrative Matters There were no workshop items or presentation oft topics by Board members. Ms. Schneider stated that there would not be a meeting in July. Ms. Schneider also stated that the applicant for the 688 Golden Gate Point variance has not yet contacted the City with any new information. The application will remain pending. There was no scheduling of special meetings. The meeting adjourned at 3:08 p.m. ab Bmualnuis Lus CHAIRPERSON ofshe Board of Adjustment SECRETARY to the Board of Adjustment Page 3