CITY OF ARASOTA City of Sarasota Board of Adjustment Minutes August 26, 2020 The following are the motion minutes of the Board of Adjustment meeting held virtually on Wednesday, August 26, 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, General Manager, Development Services and Secretary to the Board; Angela McLeod Wilkins, Administrative Assistant, Development Services; Karen Grassett, Senior Planning Technician, Development Services ABSENT: None LEGAL COUNSEL: Mike Connolly, Deputy City Attorney Vice Chair Israelson made a motion to approve the June 24, 2020 meeting minutes. Mr. D'Agostino seconded the motion. The minutes were unanimously approved as submitted. Mr. Connolly explained the quasi-judicial procedures and stated that applications for Affected Person status have been received. Ex-parte communications and site visits were announced. Secretary Schneider recited the Pledge of Conduct. Time Limits were announced. Everyone intending to speak were sworn in. Mr. Connolly called on citizen Kenneth Liszewski who had submitted a request for Affected Person Status. Mr. Liszewski was not present. Mr. Connolly recommended that the Board not grant Affected Person Status to Mr. Liszewski. CONTINUED 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 of 100 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 of 24.3 feet from the 25 foot side setback requirement from the northern extended property line. Address: 1500 CunliffLane. 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. The public hearing was opened. Secretary Schneider provided an overview oft the requested variances. Kristina Tignor, agent for owner, stated that Mr. and Ms. Buchanan, owners, were present at the hearing, and gave a presentation that included two alternative variance requests. The Board members questioned Ms. Tignor. The public hearing was closed. The Board discussed both alternatives for the variance requests. Vice Chair Israelson made a motion to approve Alternative #1. The motion was seconded by Mr. D'Agostino. The motion passed 3-1 to approve the variance. (Freedman no; Israelson - yes; DiMaria - yes; D'Agostino yes) NEW BUSINESS Variance Petition No. 2020-VAR-04, Whitaker JV, LLC and 1889, LLC, owners, requesting a variance to increase the height of a wall from 6.5 feet to 8 feet. Address: 1889 and 1701 N. Tamiami Trail. Zoning Code: Section VI-1101 (a)(1). Legal Description: on file in the Zoning Division. Zone District: NT North Trail (Overlay). Joel J. Freedman, AICP, agent for the owner. The public hearing was opened. Page 2 Mr. Connolly called on citizens, Melinda Delpech, Joseph Ross, and Janice Wade, as they submitted requests for Affected Person Status. Mr. Ross and Ms. Wade confirmed attendance. Mr. Connolly recommended that Affected Person Status be granted to Mr. Ross and Ms. Wade. Mr. Connolly recommended Affected Person Status be denied for Ms. Delpech, as she was not present. Joel Freedman, agent for the applicant, requested that Mr. Ross and Ms. Wade be able to speak to the Board before he began his presentation, as they need to leave early. Affected Person, Mr. Ross, addressed the Board. Mr. Ross spoke in support oft the wall and stated that his only concern was that the proposed wall may encroach onto his property. Affected Person, Ms. Wade, addressed the Board with concems related safety of the walkway between the new development and her property. Secretary Schneider provided an overview of the requested variance. Mr. J. Freedman presented the variance request to the Board. The Board members questioned Mr. Freedman. Mr. Connolly asked the Affected Persons and Mr. J. Freedman if they had been sworn. Mr. Ross, Ms. Wade, and Mr. J. Freedman confirmed that they had been sworn. The Board members continued to question Mr. J. Freedman. Mr. Connolly read a letter from the Tahiti Park Neighborhood Association, dated July 18, 2016, to clarify the purpose oft the variance request. Secretary Schneider read a letter of support from the Tahiti Park Neighborhood Association. Citizen and author of the letter, Melinda Delpech, joined the public hearing. Mr. Connolly reminded the Board that Ms. Delpech had submitted a request for Affected Person Status. Ms. Delpech was sworn in. Ms. Delpech addressed the Board and spoke in favor of the variance request. Mr. Ross addressed the Board again and spoke in favor of the variance request. Page 3 Citizen Gina Vutera addressed the Board and spoke in favor of the variance request. The public hearing was closed. The Board discussed the variance request. Secretary Schneider explained landscaping requirements and buffer categories per the zoning code in response to a question by a Board member. The Board continued to discuss the variance. Vice Chair Israelson made a motion for denial. Mr. DiMaria seconded the motion. The motion passed 3-1 to deny the variance. (Freedman - yes; Israelson - yes; DiMaria = yes; D'Agostino no) Variance Petition No. 2020-VAR-03, Karen Kaufman Trust, owner, requesting a variance requesting a variance to increase the height ofa wall from 6.5 feet to 8 feet. Address: 5230 Stevens Drive. Zoning Code: Section VII-1101(a)(1). Legal Description: on file in the Development Service Department City ofSarasota, Zone District: RSF-3 Residential Single Family. Eric Collin, agent for owner. The public hearing was opened. Mr. Connolly informed the Board that there were no requests for Affected Person Status. Secretary Schneider provided an overview oft the requested variance. Chair Freedman asked if the applicant was present. Eric Collin, agent for the owner, confirmed his attendance. Mr. Connolly confirmed that the Mr. Collin had been sworn. Mr. Collin presented the variance request to the Board. The Board questioned Mr. Collin, and Secretary Schneider provided information related to landscape buffers. Mr. Connolly confirmed that no one from the public would be providing input. The public hearing was closed. Page 4 The Board discussed the variance request. Chair Freedman turned the gavel over to Vice Chair Israelson. Mr. Freedman made a motion for denial. Mr. D'Agostino seconded the motion. The motion passed 3-1 to deny the variance request. (Freedman - yes; Israelson yes; DiMaria no; D'Agostino = yes) ADMINISTRATIVE MATTERS Mr. DiMaria requested a discussion related to the process of a zoning text amendment proposal for the purpose of creating a gentler transition between neighboring zone districts with different intensities. Mr. Connolly advised the Board to have a discussion related to zoning text amendments a future agenda item. The Board agreed to add the item to the next meeting agenda. Secretary Schneider stated that a September meeting was possible but not yet confirmed. Secretary Schneider informed the Board that new Board of Adjustment members may be appointed at the September 8, 2020 City Commission meeting. She noted that Chair Freedman would no longer be on the Board if two members are appointed. Secretary Schneider reminder everyone to complete their census forms. There was no scheduling of special meetings. The meeting adjourned at 3:50 p.m. n Bbipael au Ainbalnk CHAIRPERSON of the Board of Adjustment SECRETARY to the Board of Adjustment Page 5