CITY OF SIRASOA City of Sarasota Board of Adjustment Minutes June 24, 2020 The following are the motion minutes of the Board of Adjustment meeting held on Wednesday, June 24, 2020. 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, Philip DiMaria, and Edward D'Agostino; Gretchen M. Schneider, Interim Director, Development Services and Secretary to the Board; Angela McLeod Wilkins, Administrative Assistant, Development Services; Robin Carter, Administrative Supervisor, Development Services ABSENT: None LEGAL COUNSEL: Mike Connolly, Legal Counsel The minutes ofthe October 30, 2019 meeting were unanimously approved as submitted. Mr. Connolly explained the quasi-judicial procedures. Mr. Connolly stated that applications for Affected Person status had been received. Secretary Schneider recited the Pledge of Conduct. Everyone intending to speak was sworn in. Ex-parte communications and site visits were announced. Time Limits were announced. Commencing at 1:30 p.m. Variance Petition No. 20-VAN-01, The City of Sarasota, owner, requesting a variance to construct a public restroom facility below base flood elevation on a City right-of-way located in the AE-10 flood zone. The City of Sarasota prohibits construction of habitable space below base flood elevation. Address: The median of John Ringling Boulevard at its intersection with Washington Drive, between the properties with street addresses of 300 John Ringling Boulevard and 301 John Ringling Boulevard. City Ordinance: Floodplain Management Ordinance No. 16-5188. Legal Description: In Section 26, Township 36S, Range 17E, an approximate 1,288 sf rectangular shaped site (46 ft. +/-x2 28 ft. +/-) located and centered within the center median of the John Ringling Blvd. road right-of-way with the SSW boundary line of the area located approximately 34 ft. +/- NNW of the extension of the NW road-right-of- way line of Washington Drive through the intersection with John Ringling Blvd. Zone District: CT Commercial Tourism. Bill Riebe, petitioner. Secretary Schneider provided an overview of the petition and noted that Mark Kaufman, MD, owner of property on St. Armands, sent an email expressing his sincere support for the application. Bill Riebe, Utilities Director for the City of Sarasota and Petitioner on behalf of the St. Armands business improvement district, and Matthew D'Angelo with CPH Incorporated, presented to the Board. Topics covered were square footage, ADA accessibility, building materials, flood elevation, flood resistant design, and flood resistant construction methods. Vice Chair Israelson asked who would be responsible for upkeep to the facility. Mr. Riebe stated that upkeep would be carried out under a City maintenance contract. Mr. DiMaria asked about stormwater treatment. Mr. D'Angelo explained that new impervious area will be SO minor that the water will percolate or enter the stormwater system. Chair Freedman inquired about a ramp. Mr. D'Angelo and Mr. Riebe explained that there will be a gentle slope in the sidewalk that will act as a wheelchair accessible ramp. Chair Freedman inquired about signage directing to the restroom facility. Secretary Schneider confirmed that the restroom would be indicated on the large directional signs as well as in each of the quadrants on St. Armands. Vice Chair Israelson asked about the capacity and expected use, and Mr. D'Angelo explained that there is a place for people to form a queue. Mr. DiMaria asked about overall height of the structure if the variance was not granted. Mr. D'A Angelo stated that it would be approximately 30 feet tall. Mr. Connolly called on Richard Johnston and Margaret Should, as they completed and submitted forms for Affected Person Status. Neither party was in attendance. Mr. Connolly recommended that the Board not grant Affected Person Status to either party. Ms. Carter verified that no person from the public signed up to speak. The Board Members discussed the variance request. Secretary Schneider reminded the Board that the criteria the Board should use in their determination is in the Flood Zone Ordinance. Mr. DiMaria made a motion to approve. It was seconded by Mr. D'Agostino. Secretary Schneider took the vote. The motion passed 4-0. Page 2 Commencing at approximately 2:00 p.m. Variance Petition No. 2020-VAR-02, Matthew and Diana Buchanan, owners, requesting three variances to construct a boat dock and boat lift. The variances requested are: a variance of 105 feet from the dock length limitation of100 feet to construct a dock 190 feet in length with a 15 foot wide boat lift at the end; a variance of 426 square feet from the dock area limitation of 500 square feet; and a variance of24.3 feet from the 25 foot side setback requirement from the northern extended property line. Address: 1500 Cunliff Lane. Zoning Code: Section VII-1302 (1) and (2). Legal Description: on file in the Development Service Department City of Sarasota. Zone District: RSF-1 Residential Single Family. Kristina V. Tignor, P.E., agent for owner. Secretary Schneider provided an overview of the variance request and noted that the Board of Adjustment previously approved Variance Petition 17-VAR-02 to allow for the construction of the current boat dock with additional 50 feet oflength for an overall length of150 feet to reach - 2.2 feet low water. Kristina Tignor, professional Engineer and agent for the owner, and Matthew Buchanan, owner, presented the variance. Ms. Tignor described and provided graphics of the shoreline and spoke to the adjacent docks that had been granted variances. Ms. Tignor also addressed narrowness ofthe current dock and clarified the reason for the placement of the proposed dock. Ms. Tignor read a letter of support from Jean Ehlers, owner of a property north of the subject parcel, and noted approvals from the Florida Department of Environmental Protection and the Army Corp of Engineers. Chair Freedman stated that the City Code states length of a dock but that the intent is to identify the distance from the shoreline. Ms. Tignor stated that the code specifies that length measurements for docks are from a right angle. Chair Freedman stated that he was uncomfortable with the square footage and stated that he did not see any reason that the side yard setback variance request should be granted. Mr. Buchanan stated that the proposed dock shows the nearest point to the shoreline that achieves 3 feet of depth. The Board and the applicant discussed reduction ofthe variance requests. Mr. Connolly stated that there was an Affected Person form completed by Kenneth Liszewski. Mr. Liszewski was not in attendance and Mr. Connolly recommended that he not be granted Affected Person Status. The Public hearing was closed. The Board discussed the petition. Vice Chair Israelson made a motion to deny the variance. Chair Freedman seconded the motion. The motion passed 3-1. Page 3 Mr. Connolly prompted a discussion regarding the granting of a partial variance, since the variances had been advertised at three separate variances. Ms. Schneider stated that the way to proceed would be to continue the hearing to a later specified date, which would allow the applicant time to make adjustments to the project and submit new plans. The Board briefly discussed and decided that they would prefer to do that. Ms. Tignor and Mr. Buchanan approached the Board for a second time. Vice Chair Israelson made a motion to rescind the vote. Chair Freedman seconded the motion. The motion to rescind the vote passed 4-0. Ms. Tignor stated that she would be able to get materials together to continue the Hearing to the July 29th Hearing date. Vice Chair Israelson made a motion to continue the public hearing until July 29th. Chair Freedman seconded the motion. The motion passed 4-0. Administrative Matters Chair Freedman prompted a discussion related to the intention of the code regarding length of a dock versus distance from the shore. Secretary Schneider explained that there are other pieces of the code that are meant to help regulate dock size, such as surface area limitation and setbacks. Ms. Schneider explained the process for zoning text amendments and noted that there are regulations by other organizations, including the state and the DEP which control the docks. Secretary Schneider reminded the Board to complete their financial disclosure forms and stated that there will be meetings in July and August. Secretary Schneider stated that Mr. Ruderman had resigned. Mr. DiMaria announced that he would not be in attendance at the July meeting. There was no scheduling of special meetings. The meeting adjourned at 3:30 p.m. Lla 2 : te Emalnk CHAIRPERSON ofthe Board of Adjustment SÉCRETARY to the Board of Adjustment Page 4