CITY OF ARASOA City of Sarasota Board of Adjustment Minutes October 30, 2019 The following are the motion minutes of the Board of Adjustment meeting held on Wednesday, October 30, 2019. 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, Edward D'Agostino, and Herb Ruderman; Gretchen M. Schneider, General Manager, Development Services and Secretary to the Board; Angela McLeod Wilkins, Administrative Assistant, Development Services ABSENT: None LEGAL COUNSEL: Mike Connolly, Legal Counsel The minutes oft the August 28, 2019 meeting were unanimously approved as submitted. Mr. Connolly explained the quasi-judicial procedures. Mr. Connolly stated that applications for Affected Person status had been received. Secretary Schneider recited the Pledge of Conduct. Everyone intending to speak was sworn in. Ex-parte communications and site visits were announced. Time Limits were announced. Variance Petition No. 2019-VAR-04, Aqua Condominium Association Inc., owner, requesting the following variances to extend existing boat dock: dock area, length of dock, water depth, finger pier length, and finger pier width. Address: 280 Golden Gate Point. Zoning Code Section VII-1302(1) and (10). Legal description: Lot 18 & land lying between seaward side & waters of Sarasota Bay & N 1/2 of vacated Golden Gate Drive adjacent thereof & described in OR 1138-1071 Block A Golden Gate Drive. Zone District RMF-5 (Residential Multi-Family). Kristina Tignor, P.E., agent for the owner. The public hearing was opened. Mr. Connolly called the names of those who completed forms for Affected Person Status. Mr. Connolly requested that Shu-Tang Li not be granted Affected Person Status, as she was not in attendance. Mr. Connolly recommended the following citizens be granted Affected Person Status: Michael Espisito, representing HSBC Bank; May Jo Mercurio; Margaret Villela; Michelle Mason, Esq., representing Robert Heiden; Vincent Beni; Mark Barnebey, Esq., representing Sherry and Stephen Boesel, Patricia Goldwater, and Michele Beni. Ms. Schneider provided an overview of the requested variances and noted that there had been variances granted for the dock at 280 Golden Gate Point in 2009 and 2015. Ms. Schneider further stated that the current request expands on the two variances previously granted and requests three additional variances. Chair Freedman inquired as to whether the present dock conforms to the 2015 variance. Ms. Schneider stated that no after-the-fact surveys are required, but to the best of her knowledge the current dock conforms to the 2015 variance. Kristina Tignor, agent for the owner, with assistance from Cynthia McCague, a developer of Aqua Condominium, presented the variance request. The Board questioned Ms. Tignor and Ms. McCague regarding the variance. Mr. Barnebey, representing Affected Persons, Sherry and Stephen Boesel, Ms. Beni, and Ms. Goldwater, was invited to the table. Mr. Barnebey approached the Board and spoke in opposition oft the variance request due to its failure to meet the variance criteria. Affected Person, Vincent Beni, approached the Board and spoke in opposition of the variance request due to potential effects on the character oft the shoreline. Ms. Mason, representing Affected Person, Robert Heiden, approached the Board and spoke in opposition ofthe variance request due to concerns related safety. Affected Person, Margaret Villela, approached the Board and spoke in opposition of the variance request due to the proposed length ofthe dock and the potential of obscured views. Affected Person, Mary Jo Mercurio, approached the Board and spoke in opposition of the variance request due to concerns related to larger boats and potentially obscured views. Page 2 Mr. Espisito, representing Affected Party, HSBC Bank, approached the Board and spoke in opposition of the variance request due to concerns related to potential property damage resulting from the boats backing in. Citizen Robert Herdon, approached the Board and spoke in opposition to the variance request due to concerns related to potential changes in the character of the bay, as well as safety concerns. Mr. Herdon also suggested that the Board of Adjustment should be cautious regarding setting aj precedent by granting the requested variance. Ms. Tignor and Ms. McCague provided a rebuttal. Ms. Tignor stated that the subject property is permitted for 4 forty-foot boats and that she does not feel that the current dock configuration is unsafe, but that they would like to increase the safety of the dock. Ms. Tignor also emphasized the need to accommodate sea grasses in the area and stressed that larger boats would not be allowed if the variance were approved. The City did not provide a rebuttal. The public hearing was closed. The Board discussed the variance request. Vice Chair Israelson stated that the variance granted to the property in 2015 allowed minimum use of the land and that the most recent variance request does not meet Criteria #4. Mr. D'Agostino stated that he also felt that the variance request did not meet Criteria #4. Chair Freedman expressed his concern that granting the variance may have a negative effect on safety related to the pulling out of potentially larger boats. Mr. DiMaria stated that the applicant made a compelling argument related to creating the ability to back boats in, but that the convenience requested does not necessarily comply with reasonable use of the land. Mr. Freedman referenced an earlier comment by Mr. Herdon and clarified that each variance petition is considered on its own merits and that the Board of Adjustment does not set precedents. Mr. Ruderman stated that he found the finger piers to be excessive. Mr. Israelson inquired about the existing, non-permitted platforms. Ms. Schneider stated that the square footage of the platforms has been included in the current variance request and if denial is recommended, the platforms must be removed. Mr. Israelson made a motion to deny the variance and it was seconded by Mr. D'Agostino. The variance was denied 5-0. Administrative Matters There were no workshop items or presentations of topics by Board members. Page 3 Ms. Schneider stated that there would not be a meeting in November. Ms. Schneider also stated that the variance petition that had been pending for 688 Golden Gate Point has been formally withdrawn. Mr. Connolly reminded the Board that, if there is a December meeting, it would take place on December 18th. There was no scheduling ofs special meetings. The meeting adjourned at 3:20 p.m. s RR AK Smolnk CHAIRPERSONOF the Board of Adjustment SECRETARY to the Board of Adjustment Page 4