CITY OF ARASOA City of Sarasota Board of Adjustment Minutes February 22, 2023 The following are the motion minutes of the Board of Adjustment meeting held in the City Commission Chambers at City Hall, 1565 1st Street, on Wednesday, February 22, 2023. All in attendance stood for the Pledge of Allegiance. The meeting came to order at 1:33 p.m. Chair Ruch reminded everyone in attendance to silence their cell phones and stated that the microphones were live and recording. Roll call was taken. PRESENT: Matthew Ruch, Chair; Olga Hanlon, Vice Chair; Shane LaMay, BOA Member; Chad Turnbull, BOA Member; Myra Schwarz, General Manager, Development Services, and Secretary to the Board; Angela McLeod Wilkins, Administrative Assistant, Development Services ABSENT: James Lee, BOA Member LEGAL COUNSEL: Mike Connolly, Deputy City Attorney The January 25, 2023 meeting minutes were approved as submitted. Mr. Connolly explained that Kristina Tignor, Agent for Variance Petition No. 23-VAR-02, would like to change the order of the hearings sO that Variance Petition No. 21-VAR-05 would be heard prior to Variance Petition No. 23-VAR-02, due to the number of Affected Parties present for Variance Petition No. 21-VAR-05. The Board agreed to change the order of the public hearings. Mr. Connolly then explained the Quasi-judicial hearing procedures. Ex-parte communications were disclosed. Ms. Schwarz recited the Pledge of Conduct for all in attendance. Mr. Connolly explained the Florida Land Use and Environmental Dispute Resolution Act (FLUEDRA) hearing process. Time Limits were announced. Everyone intending to speak was sworn in. Mr. Connolly confirmed that Affected Parties, Gilles Chas Fouquet; Donald Farr (Representing Indian Beach Sapphire Shores Neighborhood Association); Robert Lincoln representing Raymond Nimrod; Steven Rees representing 816 22nd Street LLC and Orion Land Trust; David Levin representing the owner of 2415 Alameda Avenue, were in attendance. Mr. Connolly confirmed that Affected Person Richard Thomas was not in attendance. UNFINSHED BUSINESS Variance Petition No. 2021-VAR-05, Continuation of hearing regarding Variance Petition No. 21- VAR-05 to construct a new, residential dock. * The Board of Adjustment will consider the Special Magistrate's recommended order regarding the modified variance request of Petition 21-VAR-05, stemming from the property owner's request for relief under the Florida Land Use and Environmental Dispute Resolution Act (FLUEDRA"). The modified variances requested are 1) a 62 foot increase to the 100-foot maximum overall dock length requirement, for a total dock length of 162 feet; 2) a 207 square foot increase to the maximum 500 square foot requirement, for a total dock area of 707 square feet; and 3) a 6.5 foot reduction to the requirement of a dock to be located no less than 25 feet from the extended property line, for a total distance of 18.5 from the dock to the northern extended property line. Address: 2309 Alameda Avenue. Legal Description: On file in the Zoning Division of the Development Services Department, City of Sarasota. Zone District: RSF-E (Residential Single Family- Estate). Erik Felix, owner. Charles D. Bailey, III, Esq., agent. The public hearing was opened. Ms. Schwarz provided overviews of Variance Petition No. 21-VAR-05, the FLUEDRA hearing process, and the recommended order by the Special Magistrate during the FLUEDRA hearing. Charles D. Bailey, III, agent for the owner, and Kristina Tignor, Professional Engineer, took seats at the dais and requested 25 minutes for their presentation. The Board granted the request and Mr. Bailey presented Variance Petition No. 21-VAR-05. Mr. Lincoln objected to the Affidavit of Sara Ferguson, Realtor, presented by Mr. Bailey, and stated that expert opinion that is not subject to cross examination should be excluded. Mr. Connolly stated that he also found the document to be problematic. Page 2 The Board stated that they would accept the document with the understanding that it was considered hearsay. Mr. Bailey continued his presentation. The Board questioned the Mr. Bailey and Ms. Tignor. The Board called on Affected Parties. Mr. Fouquet forwent his opportunity to speak to the Board. Mr. Farr, representing the Indian Beach Sapphire Shores Neighborhood Association, approached the dais with Julie Morris. Mr. Farr and Ms. Morris made a presentation to the Board, and requested that the Board to deny the variance petition. The Board questioned Mr. Farr and Ms. Morris. Mr. Lincoln, representing Raymond Nimrod, approached the dais, made a presentation to the Board, and requested that the Board deny the variance petition. The Board questioned Mr. Lincoln. Mr. Rees, representing Orion Land Trust (William Harper) an 816 22nd Street LLC (Marika Lindholm), approached the dais, made a presentation to the Board, and requested that the Board deny the variance petition. The Board had no questions for Mr. Rees. Mr. Levin, representing the owner of 2415 Alameda Avenue, approached the dais, made a presentation to the Board, and requested that the Board deny the variance petition. The Board had no questions for Mr. Levin. Mr. Connolly stated that all Affected Parties had given presentations to the Board. The Board took a short recess. The Board resumed the public hearing for Variance Petition No. 21-VAR-05. Chair Ruch announced that the Board would only be able to continue the hearing for one more hour due to time a limitation on the City Commission Chambers. Chair Ruch began calling on those signed up for citizens' input. Page 3 Julie Morris was called and stated that she had already spoken. Ruth Folit was called on. Ms. Folit took a seat at the dais and spoke in opposition of the variance petition. Kate Bloomquist was called on. Ms. Bloomquist took a seat at the dais and spoke in opposition of the variance petition. Kevin Spence was called on. Mr. Spence took a seat at the dais and spoke in opposition of the variance petition. John Olenski was called on. Mr. Olenski took a seat at the dais and spoke in opposition of the variance petition. James Holm was called on. Mr. Holm took a seat at the dais and spoke in favor of the variance petition. Mr. Connolly announced the time limit for Rebuttals. Mr. Bailey and Ms. Tignor approached the dais with expert witness Morgan Bentley, P.A., and provided a rebuttal. The Board questioned Mr. Bailey, Ms. Tignor, and Mr. Bentley. Mr. Connolly explained the duties of the Board of Adjustment related to granting variances. The Board continued to question the petitioners. Ms. Schwarz stated that the enforcement of conditions would be handled at the building permit process. The public hearing was closed. Mr. Connolly summarized the requested variances and explained that the Board could accept, accept with conditions, or deny the recommendation ofthe Special Magistrate. The Board discussed the variance petition. Mr. Connolly explained how the petitioner proceeded using the FLUERA process and stated that the Board could provide recommendations to the City Commission related to Zoning Text Amendments. Ms. Hanlon made a motion to deny Variance Petition No. 21-VAR-05 including proposed resolution and findings. Page 4 Dr. Turnbull seconded the motion. The motion passed 4-0. (LaMay - yes; Hanlon - yes; Ruch = yes; Turnbull = yes) Mr. Lamay made a motion to make a recommendation to the City Commission that the City does not need a ZTA to change Zoning Code Section VII-1302. Ms. Hanlon seconded the motion. The motion passed 4-0. (LaMay - yes; Hanlon - yes; Ruch - yes; Turnbull - yes) CONTINUED Variance Petition No. 2023-VAR-02, Randall and Debra Ferman, owners, requesting two (2) variances to construct a single-family accessory dock, specifically, to decrease the minimum side setback requirement of 8 feet to 5.3 feet on the north side of the dock, for a total variance of2.7 feet, and to decrease the minimum side setback requirement of 8 feet to 6.0 feet on the south side of the dock, for a total variance of 2.0 feet. Address: 3322 Higel Avenue. Zoning Code Section: VII-1302(2). Legal Description: On file in the Zoning Division of the Development Services Department, City of Sarasota. Zone District: RSF-1 (Residential Single Family). Kristina Tignor, agent for the owners. The public hearing was opened. Kristina Tignor, agent for the owner, took a seat at the dais and announced that she had been sworn. Ms. Tignor presented the modified variance request, and included letters of no objection from Josiah and Laura Bancroft (owners of 3308 Higel Avenue), who live to the North ofthe subject property. No citizens signed up to provide input. Mr. Connolly clarified that the petitioner was requesting a decrease in the side setback on the north side ofthe property from the required 8 feet to 3.6 feet, with a total variance request of4.4 feet. The public hearing was closed. Dr. Turnbull made a motion to approve Variance Petition No. 2023-VAR-02. Ms. Hanlon seconded the motion. The motion passed 4-0. (LaMay - yes; Hanlon - yes; Ruch - yes; Turnbull - yes) Presentation of' Topics by Board Members There were no topics presented by Board Members. Page 5 Presentation ofTopics by the City Administration or Legal Counsel to the Board Ms. Schwarz stated that no variance petitions had be received for March. Scheduling of Special Meetings There were no Special Meetings scheduled. Adjournment The meeting adjourned at 4:57 p.m. B Bok clapSchy CHAIRPERSON of the Board of Adjustment SECRETARY to the Board of Adjustment Page 6