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A. 73 West 13th Street ZVAR23-00I 1 (Pamela Chappell) WITHDRAWN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)
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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
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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.
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June 20, 2023
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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.
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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.
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June 20, 2023
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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.
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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
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