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6-20-23 CDB Adopted MinutesPresent: MINUTES Community Development Board (CDB) Meeting Tuesday, June 20, 2023 - 6:00 PM Commission Chamber Jennifer I..,agner, Member Angela l'arford, Member Harold Gear, Member Sylvia Simmons, Metnber Ellen Golombek, Member Richard Arthur, Alternate Member Absent: Kirk Hansen., Member Jen' Haynie, Member Also Present: Amanda Askew, Planning & Community Development Director P(i)1)) Valerie Jones, Recording Clerk Abrielle Genesi, Planner Jason Gabriel, City Attorney (CA) CALL TO ORDER AND ROLL CALL The meeting was called to order at 6:00 p.m. by Ms. Golomhek who was covering in Chair Hansen's absence. Ms. Simmons arrived a few minutes later and chaired the rest of the meeting, 2. APPROVAL OF MINUTES A. Approve minutes of the May 17, 2023 regular meeting of the Community Development Board. The minutes were approved, OLD BUSINESS A. 73 West 13th Street ZVAR23-00I 1 (Pamela Chappell) WITHDRAWN Request for a variance to reduce the minimum rear yard setback from 20 feet to 13 feet and side yard setback to 4.6 feet to construct a sunroom on the north side of the propertyat 73 West 13th Street. Ms. Golombek explained that this ease was en hdra MOTION: 'l'o ACCEPT the withdrawal of ZVAR23-00 I I as requested by the applicant. Motion: Harold Gear Second: Jennifer Lagner Jennifer Lagner (Seconded By) Farford For For Community Development Board (CDII) June 20, 2023 Page 1 01'8 Harold Gear (Ahmed By) For Ellen Golombek For Richard Arthur For Motion passed 5 to 0. 4. NEW BUSINESS A. 1864 Selva Grande Drive ZVAR23-0014 (Jeff Popp) Request for a variance from Section 24-109(c)(1) to reduce the minimum side yard setback and to exceed the maximum size to construct a detached carport at 1864 Selva Grande Drive. STAFF REPORT: Planner Genest presented the information as explained in the staff report. She also provided a PowerPoint presentation. Ms. Golombek asked about the size and height of the proposed structure. Planner Genesi saki the size was 1080 sq. ft. and 15 ft. high. Mr. Arthur asked if the 3 fi, setback is required for the existing driveway. Planner Genest explained that anything, at ground level can be up to the property line so the existing driveway meets the code. She added that the proposed detached carport would be considered an accessory structure. Ms. Farford asked about the impervious surface ratio. Planner Genesi said nothing was provided but the survey shows a lot of permeable surface area. Ms. Simmons asked Planner Genest to clarify exactly what the applicant is proposing. Planner Genest did so and explained that it wasn't the driveway that didn't meet setbacks but the proposed carport. APPLICANT REPORT: Jeff Popp introduced himself as the applicant. He said Planner Genest explained it well and asked the Board if they had any questions. Ms. Golombek asked if he could move it toward the home. He said it could and he didn't want to tear up the existing drivewav to pour a new area. Ms. Golombek suggested he pour the concrete On the side closer to the house then the proposed structure wouldn't be in the setback. The applicant would still need a variance for the size of the structure. Mr. Arthur said he wasn't sure how the Board could go from 150 sq. ft. allowance to the proposed 1080 sq. it. Ms. Simmons asked the applicant if he could do with less sq. ft. He explained that he wanted to cover a travel trailer and a truck but he really wanted to cover the travel trailer. There was discussion regarding withdrawing the request and come hack with lesser demand. Ms. Askew said that withdrawal would require another fee but deferral to a future meeting date would not. PUBLIC COMMENT: Tom Fleming of 1850 Selva Grande Drive introduced himself as a neighbor. He said he was opposed to the approval of this request. Ms. Simmons provided a letter that was provided by Silet Wylie of 1855 Live Oak Lane. Ms. Golombek read the letter which was opposed to the approval oi this request. BOARD DISCUSSION: Ms. Simmons asked the applicant if he would like to deler his request and he agreed to defer it to the September 19th meeting. Mr. Gear said in order ('ommtur0 Development Board (CDB) June 20, 2023 Pa ,e to consider any future approval it would have to meet with the code. Ms. Lagner and Ms. FartOrd agreed with Mr, Gear, MOTION: To DEFER ZVAR23-0014 to the September 19th Community Development. Board meeting. Motion: Harold Gear Second: Jen niftr Lagner Jennifiir Lagner (Seconded By) For Angela Fadard For Harold Gear (Moved By) For Sylvia Simmons For Ellen Golombek For Richard Arthur For Motion passed 6 to 0. B. 91 Ocean Breeze Drive ZVAR23-9015 (Kyle and Caitlin Khadivi) Request for a variance from Section 24-10800(1) to exceed the maximum impervious surface area and Section 24-253 to exceed the maximum driveway width for the driveway replacement at 91 Ocean Breeze Drive. STAFF REPORT: Director Askew presented the information as explained in the staff report. She also provided a PowerPoint presentation. Mr. Gear asked if the lot coverage calculations with the pool permit was erroneous and Director Askew confirmed it was. She said that during the permitting process Public Works didn't catch the private road discrepancy which put the impervious surface ratio over the code. Director Askew added that when plans are stamped by an architect or engineer then staff believes them to be accurate. Mr. Arthur asked what the official lot coverage was. Director Askew said staff calculated the existing lot coverage at 53.8 % which includes the private road. They are requesting an additional 138 sq. ft. which would take them up to 55.4% lot coverage and 45% is what is allowed. There was further discussion about staffs calculations and the applicant's calculations. Director Askew noted that regardless if the private road is or is not included, a variance to exceed lot coverage is required. She said that when the pool was built it was an over -sight on the pool contractor's part to include the private road which greatly affected the calculations. Ms. Lagner asked who maintains the private road. Planner Askew said she assumed that the HOA did. APPLICANT REPORT: Kyle Khadivi introduced himself as the applicant. He discussed how they arrived at the previous lot coverage calculations. Mr. Khadivi said the private road wasn't factored into the previous calculations because there are public utilities in that location and they can't be make pervious. He said the Building Community Development Board (CDB) June 20, 2023 Page 3 or 8 Department concluded that the road should be adjusted out. Mr. Khadivi said that his lot and the neighbor's lot provides stormwater drainage for the entire neighborhood. Ms. I...agner asked why Mr. Khadivi wanted to putback what was taken out of the original driveway. Mr. Khadivi said it was esthetics and the pitch of the driveway which causes everything he puts in the openings to erode away. She asked him if he had looked at other options and he said he had. Ms. Golombek asked who maintained the stormwater drainage, Mr. Khadivi said it is in their bylaws. Ms. Golomhek asked him if he had considered removing the concrete driveway and do something creative with pervious options. Mr. Khadivi said it would be an additional cost. .Mr. Arthur confirmed with the applicant that it is an 11( )A. He asked Mr. Khadivi if he was aware of the difference between his calculations and staff calculations. Mr. Khadivi said his architect and pool contractor had previously done that so he didn't think he had to check it again. There was further and lengthy discussion about the stormwater drainage and the private road. Ms. Golombek asked if he was to remove the walkway to the side if that might help. Mr. Khadivi said he would still he over the allowed percentage. PUBLIC COMMENT: Larry 'Walshar (4.90 Ocean Breeze Drive introduced himself, He was in favor of the approval of this variance request. He said the HOA takes care of the private road and the stormwater drain. Carl Fox of 70 Ocean Breeze Drive introduced himself. Ile said he is the president of the HOA and they voted in favor of supporting the variance request. BOARD DISCUSSION: Ms. l...agner asked what are the correct numbers for the pervious/impervious surface. Director Askew said the applicant was looking to increase the lot coverage by 133 sq. 11. regardless ()Utile actual numbers kir the private road. She said that staff stands on the fact that the road is to he included in the lot coverage whether it was neglected in 2020. Mr. Arthur said the Board should consider that the applicant, would be exceeding the allowed lot coverage no matter which calculations are correct. Mr. Gear said that vhen looking at the survey there is a large amount of lot coverage and he believes the current stalIcalculations are correct. Mr, Arthur said that the stormwater drainage should he the responsibility of the HOA and not the homeowner. Mr. Gear said even if the road was removed from the calculation the lot coverage would still be above 450. Ms. Simmons talked about the influx of large homes 'being built that have to get creative with drainage options ft'om retention ponds to grass strip driveways, Mr. Walshar asked if the floor could be opened back up to public comment. It was opened up for 1 minute. Mr. Walshar explained that there w,ere 5 acres behind the applicant where a lot of water drains away .from this area. The Board went over the conditions for approval. Ms. Simmons asked 11' the Board saw that the request met any of the grounds lbr approval. Ms. Lagner said she didn't see where it does. Mr. Arthur thought maybe condition #1 due to the private road. Ms. Simmons agreed that it wasn't. much additional lot coverage but that it is the Board's joh to stickto the 6 grounds for approval. MOTION: To DENY ZVAR23-0015 due to it not meeting any grounds kir approval. Communitv Development Board (COB) June 20, 2023 Page 4 of 8 Motion: Ellen Golombelt Second: Harold Gear Jennifer Lagner For Farford For Harold Gear (Seconded By) For Sylvia Simmons For Ellen GolombeA (Moved By) For Richard.4rthur Against Motion passed 5 to 1. 1110 Scheidel Court ZVAR23-0016 (Mitchel Skaff and Connor Millsaps) Request for a variance to Section 24-108 reduce the minimum rear yard setback, exceeded maximum impervious surface area, and Section 24-68 required on-site water retention to allow an existing unpermitted covered patio at 1110 Scheidel COUrt. STAFF REPORT: Director Askew presented the information as explained in the staff report. She also provided a PowerPoint presentation. Mr. Arthur asked if the original house met setbacks in 2006. Director Askew said it did. Ms. Golombek asked if all of the recent work was done without a permit. Director Askew said it was, however, it was done by the previous owner. Ms. Simmons asked about the transition of the property. Director Askew said that in 2006 a permit was issued for the small concrete patio. She said a previous owner added a large covered porch at the back of the house and new pavers without a permit. APPLICANT REPORT: Mitchel Skill introduced himsellas the property owner. Ile explained that he and his wife bought what they thought was their dream house. Mr. Skaff said he used a home inspection company and had no clue that the porch was not permitted. i1e said it would he a tremendous financial burden if they had to remove it. Mr. Skaff said that even ithe removed every paver on his lot he would still be at 47%. lie asked that the board let hint keep the porch and he would add any drains that are necessary. Mr. Skaff had a letter from the FlOA supporting hint Mr. Arthur had the applicant confirm the 470o which was the original build. Director Askew said at that time the code allowed up to 50''''0 lot coverage. PUBLIC COMMENT: David Thomas of 832 Bonita Road introduced himself as the father and introduced his daughter who is one of the applicant's neighbor. Fie said in 2015 he wanted to build something similar for his daughter but was told that they couldn't. Mr. Thomas said the previous owner told hire the code had been changed but. when he asked the City they told him he couldn't. Community Development Board (CDB) June 20, 2023 Page 5 01'8 Director Askew explained that the lots are not technically non -conforming because the parent parcel met the density requirements of 7500 sq. It when it was developed. BOARD DISCUSSION: Mr. Arthur asked if the Building Department has looked at this. Director Askew said that if the variance passed then the applicant would apply tbr an after -the -fact building permit. Mr. Arthur asked if it wasn't built according to code then would it, have to be rebuilt. Director Askew said that was correct. Ms. Golombek asked about the stop work order. Director Askew said there was an issue with the fence and building and that provided a path for the applicant befOre going to the Special Magistrate. Ms. Simmons went through the history of the property. Director Askew said a neighbor came in and inquired about building something similar but when they got turned down they explained that. the neighbor already did what they were requesting. She said that triggered this to go to Code Enforcement first and staff began to work with the applicant to gel them into compliance. Director Askew said that the City wants to make sure it's safe and in reviewing they realized it didn't meet any of the setbacks. impervious area or stormwater requirements. Mr. Arthur asked if the request was approved would it trigger on-site retention. Director Askew said it would only trigger it air the new portion that exceeds the lot coverage. Ms. Golombek asked if the driveway was part of the original construction. The applicant said it was. Ms. Simmons asked if it was turned down by the Board what would come next. Director Askew said they would go back to the applicant and give them an opportunity to remedy the issue which would mean tearing down the porch. If the applicant. didn't do that then it would go to the Special Magistrate who would see if it meets the code. Ms. Simmons asked if the applicant could sue the previous owner. Attorney Jason Gabriel said he wasn't there to give legal advice but that would he the thing to do. There was further discussion of the lot size and the parent lot, what the cost of removal would be and whether the Code allows for flexibility in situations like this. Director Askew said you have to meet minimum density. building codes, parking, lot coverage, and stormwater. The Board looked to see if the request met any of the 6 requirements for approval. Mr. Gear said it was a moral hazard lor the applicant, Ms. Simmons said the porch addition was massive overstep on the part of the previous owner and did not see any grounds tr approval. MOT/ON: To DENY ZVAR23-00 16 on the grounds tha lOr approval. Motion: Harold Gear Second: Sylvia Simmons ee any of the 6 criteria Mr. Arthur suggested the Board discuss a motion to approve with conditions. Mr. Gear and Ms. Simmons said they feel bad for the applicant but didn't see any grounds for approval. Attorney Gabriel explained that a Board member on the opposing side of the first motion would have to make the nextmotion if it is to deny the approval of this request. Ile said if another motion wasn't made then the case would he deferred. Community Development Board (CDR) June 20, 2023 Page 6 (..)f 8 Mr. Arthur made a motion to APPROVE 2.VAR23-0016 with the conditions that the covered porch would remain along with the pavers underneath it and all other pavers installed between the 2006 and the 2021 surveys would have to be removed. Ms. Golombek asked it -they could appeal this to the City Commission. Director Askew said it could be appealed within 30 days of the Community Developments decision. Mr. Arthur said he would remove his motion and asked if someone else would want to make a motion. Jennifer Lagner Against Angela Fatfard For Harold Gear (Moved By) For Sylvia Simmons (Seconded B)') For Ellen Golombek Against Richard Arthur Against Motion failed 3 to 3. MOTION: To DENY ZVAR23-00 16 oti the grounds that it does not meet any of the 6 criteria for approval. Motion: Ellett Golombek Second: Angela Farford Jennifer Lagner fin. Angela Fatfard (Seconded By) For Harold Gear For Sylvia Simmons For Ellen Golombek (Moved By) For Richard Arthur For Motion passed 6 to 0. D. 671 Amberjack Lane ZVAR23-0017 (Adam king) Request for a variance to the platted Building Restriction Line (BRL) at 671 Amherjack Lane. STAFF REPORT: Planner Genest presented the information as explained in the staff report. She also provided a PowerPoint presentation. APPLICANT REPORT: The applicant was called out of town for his job and was not present. PUBLIC COMMENT: There were no public comments. (ommunitv Development Board (COB) June 20, 2023 Page 7 of 8 BOARD DISCUSSION: Ms. Golombek asked if it could he deferred and Director Askew said it could. The Board discussed past request pertaining to this BRL and its history. Ms. Farford wanted to hear from the applicant. Mr. Arthur said it was the same case that the Board voted on 2 meetings ago. Ms. Simmons said there are 600 homes in that area that are affected by this BRE.- Ms. Golombek asked if the applicant had to be here and Director Askew said they do not. She said she saw this type of request he approved by the Community Development Board several times. MOT/ON: To APPROVE ZVA R23-0017. Motion: Richard Arthur Second: Jennifer Lagner Mr. ( ierar said that if the Commission wanted to approve 20 feet then ldt. them do that. Mr. Arthur explained that all 600 homeowner deeds would have to he recorded. Jenny" er Lagner (Seconded By) For Angela Farford For Harold Gear Against Sylvia Simmons For Ellen Golombek For Richard Arthur (Moved By) For Motion passed 5 to 1. 5. REPORTS Director Askew said that on June 22nd at 2:00 p.m. and 6:00 p.m, there will he another public hearing to hear about Chapter 24 and the Comp Plan update. She said it w ill be the same material as past meetings. Director Askew said that after public comments and public input they will plan a joint meeting between the City Commission and the Community Development Board to have a workshop to discuss the changes. 6. PUBLIC: COMMENT There were no public comments. 7. ADJOURNMENT There being no further discussion, Chair Simmons declared the meeting adjourned at 8:13 p.m. Attest: Amanda Askew I 1 / Kirk Hansen, Chair Community Development Board (VDB) June 20, 2023 Page 8 of 8