CITY OF ARASOTA City of Sarasota Board of Adjustment Minutes May 25, 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, May 25, 2022. All in attendance stood for the Pledge of Allegiance. The meeting came to order at 2:00 p.m. Chair DiMaria reminded everyone in attendance to silence their cell phones and stated that the microphones were live and recording. Mr. McAndrew introduced Mr. Shane LaMay and Mr. James Lee and welcomed them to the Board of Adjustment. Roll call was taken. PRESENT: Philip DiMaria, Chair; Matthew Ruch, Vice Chair; Olga Hanlon, BOA Member; Shane LaMay, BOA Member; James Lee, BOA Member; Kevin McAndrew, General Manager of Development Services and Secretary to the Board; Lucia Panica, Director of Development Services (attended remotely); Alison Christie, Development Review Senior Planner; Angela McLeod Wilkins, Administrative Assistant, Development Services ABSENT: Chad Turnbull, BOA Member LEGAL COUNSEL: John Shamsey, Assistant City Attorney The March 30, 2022, meeting minutes were approved as submitted. Mr. Shamsey explained the Quasi-judicial hearing procedures and noted that several forms for Affected Person Status had been filed for the hearings. Ex-parte communications were disclosed. Mr. McAndrew recited the Pledge of Conduct for all in attendance, and everyone intending to speak was sworn in. Mr. McAndrew stated that the meeting had to adjourn by 5:00 p.m., as the Chambers had been reserved for a meeting at 5:30 p.m. Time Limits were announced. Mr. Shamsey confirmed that any person in attendance, who has been granted Affected Person Status, will have the same amount of time for presentation, questioning, and rebuttal as the Petitioner. Chair DiMaria took a hand poll to determine how many affected parties were in attendance. The Board had a brief discussion related to the time limits for affected parties and confirmed that the normal time limits were in effect. Chair DiMaria restated the time limits and asked that everyone remain mindful ofthem. NEW BUSINESS Variance Petition No. 2022-VAN-01, Cigar Paradise, Inc., tenant of owner Shmalo Family, LLC, requesting a variance to the minimum separation distance requirement of 500 feet to 40 feet from a proposed bar to the nearest residentially zoned property, for a total reduction of 460 feet. Address: 354 St. Armand's Circle. Zoning Code Section: VII-602(r)(3). Legal Description: On file in the Zoning Division of the Development Services Department, City of Sarasota. Zone District: CT (Commercial Tourist). Bruce Franklin, agent. The public hearing was opened. Mr. McAndrew provided an overview ofthe petition. Bruce Franklin, agent for the owner, approached the dais with Cody Johnson, CEO. Mr. Franklin presented the variance petition to the Board. The Board questioned Mr. Franklin and Mr. Johnson. Mr. Shamsey asked if Joan Morgan or Lucille Fontaine were in attendance, as they had completed and submitted forms for Affected Person Status. Neither Ms. Morgan nor Ms. Fontaine were in attendance and therefore, neither party was granted Affected Person Status by the Board. No member ofthe public signed up to speak on the petition. The public hearing was closed. The Board discussed the variance petition. Vice Chair Ruch made a motion to approve the variance petition. The motion was seconded by Mr. LaMay. The motion passed 4-1. (Hanlon no; Ruch = yes; LaMay yes; Lee yes; DiMaria - yes) Variance Petition No. 2022-VAR-10, John and Janice Shelton, owners, requesting a variance associated with an existing single family residence for a reduction to the minimum waterfront setback requirement of 30 feet Page 2 from the mean high water line to 25.8 feet. A total variance of 4.2 feet is requested. Address: 1718 Bay Street. Zoning Code Section: VII-1301(b) Legal Description: On file in the Zoning Division of the Development Services Department, City of Sarasota. Zone District: RMF-3 (Residential Multifamily). Robert Sherman, agent. The public hearing was opened. No Affected Person Status forms were received. Mr. McAndrew provided an overview of the petition. Robert Sherman, agent for the owner, approached the dais. Mr. Sherman presented the variance petition to the Board. The Board questioned the Mr. Sherman. No member of the public signed up to speak on the petition. The public hearing was closed. The Board opted to forgo discussion oft the petition due to the straightforward nature of the request. Ms. Hanlon made a motion to approve the variance petition. The motion was seconded by Mr. LaMay. The motion passed 5-0. (Hanlon yes; Ruch - yes; LaMay - yes; Lee - yes; DiMaria - yes) Variance Petition No. 2022-VAR-12, Greg A. Anderson, owner, requesting a variance for an encroachment up to 2 feet 5 inches in height X 3 feet 11 inches into the daylight plane for a single family residential home that is currently under construction. The encroachment is 2 feet 5 inches in height X 3 feet 11 inches on the west side of the home and 1 foot 11 inches in height X 3 feet 5 inches on the east side of the home. Address: 3940 Bay Shore Road. Zoning Code Section:Vl-102w)). Legal Description: On file in the Zoning Division oft the Development Services Department, City of Sarasota. Zone District: RSF-2 (Residential Single Family). Greg A. Anderson, owner. The public hearing was opened. Mr. McAndrew informed the Board that Lucia Panica, Director of Development Services, was participating remotely. Mr. McAndrew stated that he would be addressing several Scribner errors in the staff report and would be correcting one of the dates that was referenced. Mr. McAndrew also stated that he would be supplementing his narrative with several exhibits in order to clarify and reinforce the facts in the staff report, and that Alison Christie, Development Review Senior Planner with Development Services, would assist with displaying the exhibits. Page 3 Mr. McAndrew provided an overview of the petition to include exhibits. Stephen Rees, representative for the owner, approached the dais with James Losee, architect, and Blake Anderson, agent. Mr. Rees presented the variance petition to the Board. The Board questioned the Mr. Rees, Mr. Losee, and Mr. B. Anderson. The Board also questioned Mr. McAndrew. Chair DiMaria asked William Finley, Affected Person, to approach the dais. Mr. Finely spoke in opposition ofthe variance petition. Chair DiMaria asked Thomas Frascone, Affected Person, and his representative, Dan Guarnieri, to approach the dais. Mr. Guarnieri presented an objection to the variance application. Chair DiMaria asked Nancy Sutton Finley, Affected Person, to approach the dais. Ms. Finely spoke in opposition oft the variance petition. Chair DiMaria asked if William Townsend was present, as he had completed and submitted a form for Affected Person Status. Mr. Townsend was not in attendance and was therefore not granted Affected Person Status. Chair DiMaria called for Public Speakers. Kevin Spence completed a Public Input form. Mr. Spence approached the dais and spoke in opposition of the variance petition. Alan James Rains completed a Public Input form. Mr. Rains approached the dais and spoke in opposition of the variance petition. Donald Farr completed a Public Input form. Mr. Farr approached the dais and spoke in opposition of the variance petition. Chair DiMaria stated that the Board would hear rebuttal arguments. Mr. McAndrew provided a rebuttal on behalf of the City of Sarasota. Mr. Rees, Mr. Losee, and Mr. B. Anderson approached the dais and provided a rebuttal. Mr. Finley approached the dais and provided a rebuttal. Mr. Guarnieri and Mr. Frascone approached the dais and provided a rebuttal. Ms. Finley approached the dais and provided a rebuttal. The public hearing was closed. Page 4 Mr. Shamsey recommended that the Board have an extensive discussion, as the petition was highly contested. The Board discussed the variance petition. Ms. Hanlon made a motion to approve the variance petition. Mr. Shamsey asked that the Board allow the City Attorney's Office to review the resolution in conjunction with the hearing to ensure that the findings are accurate and in enough detail. He noted that the resolution may be edited if necessary. The motion was seconded by Mr. LaMay. The motion passed 5-0. (Hanlon - yes; Ruch - yes; LaMay - yes; Lee - yes; DiMaria - yes) Variance Petition No. 2021-VAR-05, Eric Felix, owner, requesting three (3) variances to construct a new dock. The variances are 1) a 79.1 foot increase to the 100-foot maximum overall dock length requirement, for a total dock length of 179.1 feet; 2) a 284 square foot increase to the maximum 500 square foot requirement, for a total dock area of 784 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). Charles D. Bailey, III, Esq., agent. Due to time and location constraints, the variance petition was continued to May 31, 2022 at 2:00 p.m. in the City Commission Chambers. Nomination for Chairperson and Vice Chairperson Ms. Hanlon nominated Vice Chair Ruch for Chairperson of the Board. Vice Chair Ruch was appointed Chairperson by consensus. Chairperson Ruch nominated Ms. Hanlon for Vice Chairperson of the Board. Ms. Hanlon was appointed Chairperson by consensus. Vice Chair Ruch and Ms. Hanlon will commence their new appointments at the June 29, 2022 Board of Adjustment meeting. Presentation ofTopics by Board Members There were no presentations oft topics by Board Members. Presentation of' Topics by the City Administration or Legal Counsel to the Board Page 5 Mr. McAndrew spoke to the backlog of variance petitions and stated that there could be up to six petitions scheduled for the June 29, 2022 hearing. The nature of those petitions was discussed. The Board decided to start the June 29 2022 meeting at 12:30 p.m. to allow for more time to hear the petitions. It was noted that the May 31, 2022 meeting would be the last meeting for Chair DiMaria and Mr. McAndrew. Scheduling of Special Meetings There were no Special Meetings scheduled. Adjournment The meeting adjourned at 5:00 p.m. M alsw 2 CHAIRPERSON of the Board of Adjustment SECRETARY to the Board of Adjustment Page 6