CITYV OF SARASOA City of Sarasota Board of Adjustment Minutes October 31, 2018 The following are the motion minutes of the Board of Adjustment meeting held on October Wednesday, 31, 2018. The meeting came to order at 1:30 p.m. Chair Israelson reminded all in attendance to silence their phones. Roll call was taken. PRESENT: Paul Israelson, Chair; Pandora Seibert, Vice Chair; and members Alan Freedman; Calvin Bryant; Herb Ruderman; and Gretchen M. Schneider, General Manager, Development Services; Angela M. McLeod Wilkins, Administrative Assistant, Development Services. ABSENT: All members were present LEGAL COUNSEL: Mike Connolly, Deputy City Attorney, City Attorney's Office. The minutes of the September 26, 2018 meeting were approved as submitted. Mr. Connolly explained the quasi-judicial procedures and explained that he would confirm Affected Person status for those who applied before the public hearing is opened. Ex-parte communications and site visits were announced. Reading oft the Pledge of Conduct. Everyone intending to speak was sworn in. Time limits were announced. Affected Persons were announced. All parties who applied were granted Affected Person status as they were all in attendance. The public hearing was opened. Variance Petition No. 2018-VAR-12: Five-Z Family Trust, owner, requesting three setback variances to build a single family dwelling. A front yard setback of30 feet is required from Garden Lane, 12 feet is proposed to be provided; a variance of18 feet is requested. A waterfront setback of30 feet is required, 16 feet is proposed; a variance of 14 feet is requested. A rear yard setback of15 feet is required along the southern property line, 12 feet is proposed; a variance of 3 feet is requested. Address: 108 Garden Lane. Zoning Code: Table VI-203 and VII-1301 (b). Legal description: Survey on file in the Development Services Department. Zone district: RSF- 1 Residential Single Family. Clark Zumwalt, trustee of Five-Z Family Trust. Ms. Schneider gave an overview of the variance being requested. Ms. Schneider noted that vacation of Garden Lane could be requested and that the required turnaround could be relocated to a different portion of the property ifrequested. Ms. Schneider also explained that the Sarasota County Property Appraiser's records had incorrectly indicated that the subject property contained 16,991 square feet ofland area and that the correction has been made to reflect the true land area of 19,657 square feet. Brad Smith, agent, and Clark Zumwalt, owner, presented the variance being requested. The Board questioned the petitioner. Ms. Schneider presented the gross area and living space of the homes adjacent to the subject property at the request of Ms. Seibert. Ms. Schneider stated that all of the information was gathered from the Sarasota County Property Appraiser. Affected Person, Colleen Sjogren, made her presentation in opposition of the requested variances. Ms. Sjogren expressed concerns that the proposed home may negatively impact her view and her property value. Ms. Sjogren questioned the petitioner. Affected Person, Arlene LaMarca, made her presentation to the Board in opposition of the requested variances. Ms. LaMarca expressed concerns for drainage of stormwater into her yard, blocked views for neighbors, disruption of mature Mangroves, and that the design of the proposed home would be out of character for the neighborhood. Affected Person, Jim Skinner, made his presentation to the Board in opposition of the requested variances. Mr. Skinner expressed concerns related to the the effects the proposed home may have on stormwater runoffi into the bayou and flooding at his home. Affected Person, Barbara Stephens, made her presentation to the Board in opposition of the requested variances. Ms. Stephens read a letter from an architect to Ms. LaMarca that opposed the requested variances. Ms. Stephens also expressed her concern that the size of the proposed home would be inappropriate for the neighborhood. Ms. Stephens questioned the petitioner. Citizen, Stacey Callens, spoke in opposition oft the requested variances. Mr. Smith and Mr. Zumwalt provided a rebuttal. Page 2 Ms. Sjogren questioned the petitioner regarding the rebuttal. Mr. Skinner provided a rebuttal to the petitioner' S rebuttal. The public hearing was closed. Mr. Bryant stated that the proposed home was designed too large for the subject property and that the petitioner did not meet all oft the criteria for the variances. Ms. Seibert agreed that the 5 criteria were no met. Mr. Freedman stated that the criteria were not met and that the variances were being requested due to the petitioner's attempt to construct a house that is too large for the lot. Mr. Freedman stated that he did not agree with the petitioner's argument that the long, narrow portion of the lot is unusable and noted that the proposed home is not in harmony with the neighborhood. Mr. Freedman also expressed that he could not agree with the petitioner regarding future construction related to other homes in the neighborhood, as future construction is unpredictable. Mr. Ruderman stated that the 5 criteria were not met and that a home, similar in size to the homes south of the subject property, could be constructed on the subject property if the house were set back to the East. Mr. Ruderman also stated that views of the bayou could be impeded by the proposed design. Mr. Israelson agreed with the other Board members and stated that he had concerns related to the criteria and the economics. Mr. Bryant made a motion for denial and this was seconded by Mr. Freedman. The vote was unanimous for denial. Presentation of Topics by Board Members Mr. Israelson requested an excusal from the meeting on September 26th, 2018. Mr. Freedman made a motion to accept the excusal which was seconded by Mr. Ruderman. The excusal was accepted unanimously. Administrative Matters Ms. Schneider advised the Board that there would be a meeting in November and informed the Board that both she and Mr. Connolly would be unable to attend the November meeting. Ms. Schneider explained that Lucia Panica would act as Secretary to the Board in her absence and Page 3 that John Shamsey would act as Legal Counsel to the Board in Mr. Connolly's absence at the November 2018 meeting. Ms. Schneider asked if the Board would like to move the future meeting date from November 27, 2019 to November 20, 2019. Mr. Freedman made a motion to move the November 27th, 2019 meeting to November 20, 2019. The motion was seconded by Ms. Siebert. The motion passed unanimously. Ms. Schneider also informed the Board that two new members will be needed, as Mr. Bryant's appointment expires in December and he is ineligible to reapply, and Ms. Siebert's appointment expires in December and she has chosen not to reapply. The meeting adjourned at 4:15 p.m. - - / pNd h PAyua 7 6Sheider CHAIRPERSON ofthe Board of Adjustment SEdRETARY to the Board of Adjustment Page 4