CITY OF ARASOTA City of Sarasota Board of Adjustment Minutes January 26, 2022 The following are the motion minutes of the Board of Adjustment meeting held in the City Commission Chambers at City Hall, 1565 1st Street, 1st Floor Annex Building, on Wednesday,january 26, 2022. All in attendance stood for the Pledge of Allegiance. The meeting came to order at 1:30 p.m. Mr. Ruch, serving as Chairperson, reminded everyone in attendance to silence their cell phones, and asked anyone intending to speak, to speak into the microphone. Roll call was taken. PRESENT: Philip DiMaria, Chair (attended by teleconference); Matthew Ruch, Vice Chair; Olga Hanlon, BOA Member; Chad Turnbull, BOA Member; Kevin McAndrew, General Manager of Development Services and Secretary to the Board; Angela McLeod Wilkins, Administrative Assistant, Development Services ABSENT: Edward D' Agostino, BOA Member LEGAL COUNSEL: Mike Connolly, Deputy City Attorney The December 15, 2021, meeting minutes were approved as submitted. Mr. Connolly explained the Quasi-judicial hearing procedures and noted that one completed form for Affected Person Status had been received for Variance Application No. 22-VAR-03. Mr. McAndrew recited the Pledge of Conduct for all in attendance, and everyone intending to speak was sworn in. Time Limits were announced. OLD BUSINESS Variance Petition No. 2021-VAR-07, Arlington Condominium Developers II, LLC, owner, requesting a variance to reduce the number of required parking spaces from 16 to 14, for a total reduction of 2 spaces, to allow for the conversion of an existing storage space in the building to a residential dwelling unit. Address: 2086 Arlington Street. Zoning Code Section: VII-204. Legal Description: On file in the Zoning Division of the Development Services Department, City of Sarasota. Zone District: RMF5 (Residential Multi-Family). Dan Greenberg, agent for the owner. Dr. Turnbull announce that he had a site visit and no Ex-parte communication. Mr. McAndrew provided a short overview of Variance Petition No. 21-VAR-07. Mr. Connolly explained that the petition went before the Board at the previous month's meeting. He explained that due to the absence of two of five Board Members at that meeting, and the 2-1 vote on this petition when 3 affirmative or negative votes are required by the Zoning Code for approval or denial of a variance petition, a revote was necessary. Mr. Connolly asked Dr. Turnbull if he had viewed the December 15, 2021 Board of Adjustment Public Hearing and reviewed the submission of information by the Petitioner to the Board. Dr. Turnbull confirm that he had view the Public Hearing and reviewed the material. Mr. Connolly asked Dr. Turnbull if he had any questions for the applicant. Dr. Turnbull did not have any questions for the applicant. The motion for approval was called for vote. The variance was approved 3-1. (Hanlon - yes; Turnbull -yes; DiMaria - yes; Ruch - no) NEW BUSINESS Variance Petition No. 2022-VAR-03, Shar Bayview land trust, owner, requesting two variances: 1) to construct a dock with an area of approximately 700 square feet, which exceeds the maximum allowed dock area of 500 square feet. The total variance Page 2 requested is for 200 square feet; 2) to exceed the maximum mean low water depth of minus 4 feet to minus 5 feet. A variance of 1 foot is requested. Address: 1452 Hillview Drive. Zoning Code Section: VII-1302. Legal Description: On file in the Zoning Division of the Development Services Department, City of Sarasota. Zone District: RSFE (Residential Single Family-Estate). Christopher Simon, agent. Ex-parte communications and site visits were announced. Mr. Connolly asked if Chad Williams was in attendance, as he had completed and submitted a form for Affected Person Status. Mr. Connolly recommended that Mr. Williams not be granted Affected Person Status; as he was not in attendance. The Board did not grant Mr. Williams Affected Person Status. The public hearing was opened. Mr. McAndrew provided an overview of the requested variances. Christopher Simon, petitioner and co-owner of Shar Bayview Land Trust, and Eileen Simon, co-owner of Shar Bayview Land Trust, approached the Board. Mr. Simon presented the variance petition to the Board. The Board questioned Mr. Simon. Braun Graham, resident of 1550 Hillview Drive, approached the Board as a Public Speaker. He expressed concern related to dredging. Mr. Simon explained in detail the location of the proposed new dock, stated that he is unaware of any dredging involved with the construction of the new dock, and explained that the existing docks pose safety risks. The public hearing was closed. Mr. Connolly confirmed that the applicant would require approval by the Florida Department of Environmental Protection. Mr. Connolly also stated that the variance petition did not include a request for dredging and that, if granted, the approval would not allow for dredging. The Board discussed the variance request. Page 3 Ms. Hanlon made a motion to approve the requested variance. The motion was seconded by Dr. Turnbull. The vote was 4-0 to approve variance request. (Hanlon - yes; Turnbull - yes; DiMaria = yes; Ruch - yes) PRESENTATION OF TOPICS BY BOARD MEMBERS There was no Presentation of Topics by any Board Member. PRESENTATION OF TOPICS BY ADMINISTRATION OR LEGAL COUNSEL Mr. McAndrew announced that the next Board of Adjustment meeting would be held on February 23, 2022 and stated that one petition was anticipated to appear on the agenda. Mr. McAndrew noted that the Petitioner for Variance Petition No. 22-VAR-05 for 2309 Alameda Avenue has stated that they are not yet ready to take the petition before the Board. The petition was previously advertised, and Mr. Connolly confirmed that it should be readvertised. Mr. McAndrew also noted a logistical conflict for the December 2022 meeting and stated that the meeting date could be moved to Monday or Tuesday of the same week or moved to the following week. It was decided that the Board would confirm their preference for the date change at the February 23, 2022 meeting. SCHEDULING OF SPECIAL MEETINGS There were no Special Meetings scheduled. The meeting adjourned at 2:05 p.m. Kw MAWh CHAIRPERSON: Ofthe BoapaorAdjustment SECRETARY to the Board of Adjustment Page 4