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08-13-18 Minutes Spec. Called MeetingMINUTES r•S �y,1 �'j . Special Called Meeting of the City Commission Meeting 'J 1 Monday, August 13, 2018 - 4:30 PM Commission Chamber INVOCATION AND PLEDGE OF ALLEGIENCE ROLL CALL: Present: Ellen Glasser, Mayor - Seat 1 John Stinson, Commissioner - Seat 2 Blythe Waters, Mayor Pro Tem/Commissioner, Seat 3 (arrived 4:32 pm) Candace Kelly, Commissioner - Seat 4 Brittany Norris, Commissioner - Seat 50 Joe Gerrity, City Manager (CM) Brenna Durden m- City Attorney (CA) Donna Bartle, City Clerk (CC) Shane Cobin (CDD) 1. CALL TO ORDER Mayor Glasser called the meeting to order at 4:30 PM. 2. HOUSER APPEAL OF KLEIN VARIANCE ZVAR-18-0009, APPROVED BY THE COMMUNITY DEVELOPMENT BOARD ON MAY 15, 2018 A. City Attorney Procedural Reminders CA Durden explained the meaning and process of a quasi judicial hearing. She referenced a previous similar case entitled 'Wolfson versus the City of Atlantic Beach,' and in this litigation the Court determined that no new evidence could be presented to the Commission in the context of an appeal from the Community Development Board (CDB). However, testimony can be given from the applicant and the appellant. CA Durden explained she wanted to make this point clear as it may not be totally clear in the City's code provisions. The decision before the Commission at this meeting is whether the decision by the CDB to approve the requested variance was in conflict with, or in violation of, the Land Development Regulations. She referenced the documents provided in the Agenda Packet and the list of processes for this hearing and informed the Commission they have the right to ask questions of the staff, the appellant, and the applicant. The Commission can either affirm the decision of the CDB (deny the appeal and uphold the approval of the variance), reverse the decision of the CDB (grant the appeal and deny the variance), or modify the CDB decision (granting the variance with conditions). She opened up the floor to the Commission for questions. All questions were answered. Special Called Meeting of the City Commission August 13, 2018 CA Durden opened up the floor to the applicant and the appellant for questions. The applicant and the appellant declined to ask any questions. B. Disclosure of Ex Parte Communications, if any Mayor Glasser asked the Commissioners for disclosure in any ex parte communication: with either party involved in this Hearing. Commissioner Stinson: Apologized to Mr. and Mrs. Klein for not replying to their email due to personal issues. Mayor Glasser: Received a letter and an email from Ms. Houser. She responded via email with administrative information, however, particulars of this issue were not discussed. C. Swearing In of All Persons Who Will Speak All speakers were sworn in by Mayor Glasser. D. City Staff Overview, Documentation and Presentation/Testimony CA Durden reiterated the process with regard to time constraints. CDD Shane Corbin displayed he original PowerPoint presentation given to the CDB covering site context/detail, the proposed plan, variance need, analysis/concerns, and grounds for the decision on Request for Variance in Case No. ZVAR18-0009. Mayor Glasser invited questions from the Commissioners. All questions were answered regarding the contour of the property, pavers, and gaps in the panels. CA Durden briefly interrupted the proceedings to explain that the applicant and the appellant were also permitted to ask questions of anyone who testifies throughout the proceedings. E. Houser Documentation and Presentation/Testimony The appellant, Joanna Houser, stated she filed this appeal as she believes the CDB's decision was based on the incorrect law. She stated the CDB applied Section 24-157(b4) rather than Section 24-157(bl). A clear reading of Section 24-157(bl) refers to rear fences and Section 24-157(b4) refers to sidewalks. She referred to various portions of the deposition transcript referring to the height of the fence, permitting, and code interpretation. Mayor Glasser invited questions. All questions were answered. F. Klein (Applicant) Documentation and Presentation/Testimony Mayor Glasser introduced Mr. Paul Klein, the applicant. Special Called Meeting of the City Commission August 13, 2018 Mr. Klein distributed copies of his testimony to all parties and referred to the plat survey. He spoke about the outdated PUD, grounds for approval of the variance, and the CDB's decision. Mayor Glasser allowed questions to be asked of Mr. Klein. All questions were answered. Mayor Glasser opened the floor to Ms. Houser and Mr. Klein to ask questions. Both parties declined. Mayor Glasser allowed questions to be asked of City staff, Ms Houser and Mr, Klein. The questions referred to changes in elevation from various points on the property, how the fence was measured, interpretation and discrepancies in the current code, the specific objections to the fence, and the property lay out in terms of front, back and side yards. G. Closing Comments by Staff, Houser and Klein Shane Corbin (CDD): Reminded the Commissioners that the decision made at this meeting may influence the way staff interprets the code moving forward until there is an opportunity to address the issue with a re -write. Paul Klein: Commented on the justification for the CDB granting the variance based on the uniqueness of the property. Joanna Houser: Referred to the code's Section reading "the variances shall not be granted solely for personal comfort or convenience or relief from financial circumstances or relief for situations created by the properties owners. " CA Durden stated the documentation submitted with the variance request describes the 'rear' yard as the portion of the property for variance consideration. H. Commission Deliberation and Action Discussion ensued about conflicts in the code, topography, and supporting the CDB. MOTION: To uphold the approval of variance ZVARl 8-0009. Motion: John Stinson Second. Brittany Norris Commissioner Kelly: • Spoke about the CDB's competence in making decisions and her inclination is to agree with their decision. Commissioner Waters: • Understands the valid reasons for the CDB's decision to grant the variance. Special Called Meeting of the City Commission August 13, 2018 Page 3 of 4 3. Attest: Mayor Glasser: Agreed with the competence in the CDB's decision-making abilities, but she did express her disappointment that the decision was not based specifically in the context of whether the property in question was a rear yard or a side yard. She reiterated the confusing nature of the code and the need for the Commission to have a conversation about having it re -written. Commissioner Stinson: ® Commended City staff for their hard work on this issue. Brittany Norris (Seconded By) For John Stinson (Moved By) For Ellen Glasser Against Blythe Waters For Candace Kelly For Motion passed with a 4 to I vote. ADJOURN There being no further discussion, Mayor Glasser declared the meeting adjourned at 5:48 PM `- at4ta Donna L. Bartle, City Clerk , � � E �/"" Ellen Glasser, Mayor Special Called Meeting of the City Commission August 13, 2018 Page 4 of 4