Quasi-Judicial Hearing - Review and approval of an application for a Conditional Use with New Construction (Development and Design Review) submitted by applicant Mike Seal, to construct a single-family residence with a height of 35-feet tall on Surfside Drive, more specifically located at Parcel IDs: 2507-234-0002-000-5 and 2507-234-0003-000-2.

In accordance with Section 125-76 and 125-192(b)(4) of the City Code, the applicant is requesting the review of an application for a Conditional Use for a 35-foot-tall single-family residence. Due to the existing height of the dune and base flood elevation, the second floor elevation needs to rise approximately 9-feet, 8-inches above the base floor elevation, consequently, greatly reducing the allowance for tall ceilings and structural requirements for a multi-level design.

The application was presented to Planning Board at its August 14, 2023, meeting. The Board heard representations from the adjacent neighborhood and applicant but subsequently could not reach a majority decision to approve or deny the proposal.

Under City Code 101-23(10) Voting.
All recommendations from the planning board, for either approval or disapproval of any measure, petition, plan, program or proposal of any nature, shall be by a majority of the members serving on said board. Such recommendations from the board shall be in writing and shall indicate thereon the names of the members of the board present at the meeting where the recommendations were made and the disposition of the votes of the members of the board, which writing can consist of a copy of the minutes of said board's meeting. If the board is unable to arrive at or make any recommendation hereunder then such inaction shall also be reported in writing in the same manner above prescribed. (Planning Board minutes attached).

The applicant was advised of the above code provision and determined that the matter should be presented to the City Commission. The applicant has provided a cross-section which identifies grade, flood elevation and roof slab heights. The applicant has also confirmed that the restriction to single-family use only is acceptable.

Article V. CONDITIONAL USES
Sec. 125-235. - Purpose.

The purpose of the conditional use process is to allow, when desirable, uses that would not be appropriate generally or without restriction throughout the particular zoning district, but which, if controlled as to number, area, location or relation to the neighborhood, would not adversely affect the public health, safety, comfort, good order, appearance, convenience and the general welfare.

Therefore, in order to protect the general welfare of the public, staff recommend that the following be considered as a condition: The use of the property is to be maintained as a single-family residence only and shall not be utilized to accommodate short-term rentals as regulated by section 22- 506 of the City’s Code of Ordinances.

Staff's recommendation is for the City Commission to vote APPROVAL of the proposed Conditional Use with one condition:
1. The use of the property is to be maintained as a single-family residence only and shall not be utilized to accomodate short-term rentals as regulated by section 22-506 of the City's Code of Ordinances. 

• Recommendation of approval with alternate conditions
• Recommendation of disapproval

Ryan Altizer, Senior Planner

• Technical Review Committee
• Planning Board