CITY OF ARASOIA City of Sarasota Board of Adjustment Minutes September 27, 2023 PRESENT: Richard Ellis, Special Magistrate; Myra Schwarz, General Manager, Development Services, and Secretary to the Board; Angela McLeod, Administrative Assistant, Development Services LEGAL COUNSEL: Mike Connolly, Deputy City Attorney The following are the motion minutes of the Special Magistrate Variance hearings in the City Commission Chambers at City Hall, 1565 1st Street, on Wednesday, September 27, 2023. Special Magistrate, Richard Ellis, introduced himself. All in attendance stood for the Pledge of Allegiance. The meeting came to order at 1:31 p.m. Special Magistrate Ellis reminded everyone in attendance to silence their cell phones and stated that the microphones were live and recording. Mr. Connolly then explained the Quasi-judicial hearing procedures. Ms. Schwarz recited the Pledge of Conduct for all in attendance. Time Limits were announced. UNFINSHED BUSINESS CONTINUED FROM HIE JUNE 28, 2023 BOARD OF ADJUSTMENT MEETING: Variance Petition No. 2023-VAR-06, Michael and Laura Biersmith, owners, requesting an after-the-fact reduction to the required 20-foot front yard setback to 12.4 feet, for the addition of an attached garage. A total variance of 7.6 feet is requested. Address: 3424 Old Oak Drive. Legal Description: On file in the Zoning Division of the Development Services Department, City of Sarasota. Zone District: RSF-2 (Residential Single Family). Charles D. Bailey, Jr., agent. Special Magistrate Ellis called on Bruce and Maria Sicilia, as they submitted a form for Affected Person Status. Neither Mr. nor Mrs. Sicilia were present, and neither party was granted Affect Person Status. Special Magistrate Ellis invited Dan Bailey, agent, and Michael Biersmith, owner, to approach the dais. Everyone who intended to speak was sworn in. Special Magistrate Ellis announced that he had conducted a site visit at the subject property. Mr. Bailey presented the variance request. Special Magistrate Ellis questioned the Mr. Bailey Affected Person, Ciro Otero, approached the dais. Mr. Otero spoke in support ofvariance. Affected Person, Aaron Kastelik, approached the dais. Mr. Kastelik spoke in support ofthe variance. Mr. Bailey did not issue a rebuttal. The public hearing was closed. Mr. Connolly explained that Special Magistrate Ellis was not required to come to a decision at the meeting. Special Magistrate Ellis granted the variance. NEW BUSINESS CONTINUED FROM THE JULY 26, 2023, BOARD OF ADJUSTMENT MEETING: Variance Petition No. 2023-VAR-07, Blythe A. McDonough Revocable Trust, owner, requesting to construct a seawall at a height of 6.74 feet above mean low water when the maximum height allowed is 5 feet above mean low water. A total variance of 1.74 feet is requested. Address: 325 Ringling Point Drive. Zoning Code Section: VI-1304. Legal Description: On file in the Zoning Division of the Development Services Department, City of Sarasota. Zone District: RSF-1 (Residential Single Family). Anthony Pidala, agent. Special Magistrate Ellis invited Anthony Pidala, agent for the owner of the subject property, to approach the dais. Mr. Pidala presented the variance request. Special Magistrate Ellis questioned Mr. Pidala. Page 2 The public hearing was closed. Special Magistrate Ellis granted the variance. ORIGINALLY SCHEDULED FOR THE AUGUST 30, 2023, BOARD OF ADJUSTMENT MEETING: Variance Petition No. 2023-VAR-08, Siesta Kay Properties LLC, owner, requesting a reduction ofthe minimum side setback requirement of 6 feet to 3 feet for the north side of a corner lot. A total variance of 3 feet is requested. Address: 1683 Siesta Drive. Zoning Code Table: VI-203. Legal Description: On file in the Zoning Division of the Development Services Department, City of Sarasota. Zone District: RSF-4 (Residential Single Family). Thomas Nowicki, agent. Special Magistrate Ellis called on Walter Jones, as he submitted a form for Affected Person status. Mr. Jones was not in attendance and was therefore not granted Affected Person Status. Special Magistrate Ellis called on Lynn Quartermaine, as she submitted a form for Affected Person status. Ms. Quartermaine was not in attendance and was therefore not granted Affected Person Status. Special Magistrate Ellis invited Thomas Nowicki, agent for and owner of, Siesta Kay Properties, to approach the dais. Mr. Nowicki presented the variance request. Special Magistrate Ellis questioned Mr. Nowicki. Special Magistrate Ellis stated that he received an email opposing the variance request from R. N. Collins. The Special Magistrate read three statements in the email and questioned Mr. Nowicki regarding each statement. Special Magistrate Ellis and Mr. Connolly briefly discussed the email. Ms. Schwarz provided al brief! history related to the building permit and variance request. Special Magistrate Ellis concluded his There were no public speakers. Special Magistrate Ellis stated that he would take the application under advisement. Mr. Connolly advised the Special Magistrate related to the criteria for evaluating the variance request. Page 3 Special Magistrate Ellis stated that he would come to a decision within one week. CONTINUED FROM THE AUGUST 30, 2023, BOARD OF ADJUSTMENT MEETING: Variance Petition No. 2023-VAR-09, Christiaan and Nina Nahrin Hanna Veerman, owners, requesting a reduction of the minimum rear setback requirement of 15 feet to 10 feet. A total variance of 5 feet is requested. Address: 1635 S. School Avenue. Zoning Code Table: VI-203. Legal Description: On file in the Zoning Division of the Development Services Department, City of Sarasota. Zone District: RSF-4 (Residential Single Family). D. Michael Padgett, agent. Special Magistrate Ellis invited Melissa Strassner, agent for the owners, Christiaan and Nina Nahrin Hanna Veerman, owners, and Kevin Ionta, home builder, to the dais. Special Magistrate Ellis confirmed that Adam Sager would be speaking on behalf of Charles Henry. Special Magistrate Ellis called on Stephanie and Adam Sager, as they submitted a form for Affected Person status. Mr. and Mrs. Sager were in attendance and were therefore granted Affected Person Status. Special Ellis called on Barbara Sassen May, as she submitted a form for Affected Person status. Ms. Sassen May was in attendance and was therefore granted Affected Person Status. Special Ellis called on Elizabeth Critchfield, as she submitted a form for Affected Person status. Ms. Critchfield was not in attendance and was therefore not granted Affected Person Status. Special Ellis called on Laurel Hopper, as she submitted a form for. Affected Person status. Ms. Hopper was not in attendance and was therefore not granted Affected Person Status. The public hearing was opened. Ms. Strassner presented the variance request. Special Magistrate Ellis confirmed that the lot was split by the prior owner and then questioned Ms. Strassner. Special Magistrate Ellis excused the petitioners and invited Affected Person Adam Sager to the dais. Mr. Sager spoke in opposition to the variance request. Special Magistrate Ellis questioned Mr. Sager. Special Magistrate Ellis invited Affected Person Barbara Sassen May to the dais. Ms. Sassen May was no longer in attendance at the meeting. Page 4 Special Magistrate Ellis invited the petitioners to the dais. Ms. Strassner and Mr. Ionta provided a rebuttal. Special Magistrate Ellis stated that he would take the application under advisement and projected that he would have a decision early the following week. The public hearing was closed. Presentation of Topics by the City Administration or Legal Counsel to the Board There was no presentation oft topics. Scheduling of Special Meetings There were no Special Meetings scheduled. Adjournment The meeting adjourned at 3:10 p.m. LLe SR Richard Ellis Myra Schwarz SPECIAL MAGISTRATE SECRETARY to the Board of Adjustment Page 5