Minutes from the July 22, 2021 meeting

Variance - Sante Residences - 601 Hernando Street 

The clerk introduced the Variance for the Surfside Quadruplex - Parcel ID: 2412-501-0132-000-3

The chair asked the Board attorney to explain the Quasi-Judicial Hearing procedures.

Before commencing this Quasi-Judicial Hearing, the clerk, explained to the Board of Adjustment that they serve in both a legislative and quasi-judicial role. When acting as a legislative body, the Board engages in law-making activity by passing laws and establishing policies. When acting as a quasi-judicial body, the Board applies those laws and policies and is held to stricter procedural requirements. Quasi-judicial proceedings are less formal than proceedings before a circuit court but are more formal than the normal Board meeting. Quasi-judicial proceedings must follow basic standards of notice and due process; and, decisions must be made based on competent substantial evidence. Therefore, Board members have a duty to conduct the quasi-judicial proceedings more like judges than legislators. That is why the Commission has established the uniform procedures for quasi-judicial hearings that will be followed today.

The Chair called the proceeding to order. 

The clerk confirmed the City complied with advertisement and notice requirements. 

The Chair inquired with the Board regarding ex-parte communications and asked the Clerk to call the roll: 

Mr. Hayek - yes
Ms. Davis - no
Vice-Chair Galinis - yes

The Chair opened the public hearing. 

The clerk was asked to swear in those wanting to speak during this Quasi-Judicial hearing. Individuals in the audience intending to speak on this item were asked to stand, raise their right hand, and administered an oath to tell the truth, the whole truth, and nothing but the truth. Those that were sworn in were asked to clearly state their name for the record and confirm they were sworn in at such time as they were asked to come forward to testify. 

Staff Presentation:
Vennis Gilmore, Senior Planner, gave an overview of the application. The applicant is requesting to deviate from City Code 125-195(b)(1)(g) to allow for a reduction of 14.66 feet in lot width from the standard single-family lot width of 60 feet in the R-4A, Hutchinson Island Medium Density Residential Zone. The minimum lot size proposed is 45.34 feet. The subject application is a proposal to remove the existing 1,678 square foot triplex in order to develop six (6) new single-family homes. The justification for the variance lies within the current zoning district regulations which allow for townhomes (attached dwelling units) to not be based upon the lot width of each dwelling unit but rather the length of the entire structure, which is 200 feet. The subject application provides for a length of 272.2 feet and allows for each unit to have six (6) foot side yards and windows on both sides in contrast to a townhouse development. The applicant has demonstrated that the individual units in a 200-foot townhouse structure that consists of six (6) units would average 33.33 feet in length. The subject application proposes a width of approximately 45.34 feet. 

Board questions for Staff: Mr. Hayek asked how come the neighboring houses are not shown.  Mr. Gilmore stated the neighboring houses were not shown because Board of Adjustment does not vote on design review, only the variance measurements.  Vice-Chair Galinis asked if there are plans to pave Granada Street.  Mr. Gilmore said he would have to check with the Engineering department regarding the paving of Granada Street. Ms. Davis asked the location of the driveways and if the driveway will be brick pavers.

Applicant questions for Staff: None 

Applicant presentation: Tod Mowery, Applicant Representative, sworn, explained that there used to be 11 buildings before the hurricanes in 2004 and 2005. He stated a new plat will be created with six 1,500 square feet single family homes on six lots that will add character to the neighborhood.  Chris Sante, owner, introduced himself to the Board.

Board questions for Applicant: Mr. Hayek commented on the traffic on the island, and he stated he prefers five homes to help with the density.

Public comment: None

Applicant final comment: Mr. Mowery noted the neighbors are happy with the project, and the owner has taken the effort to put his best foot forward.  
 
The Chair, seeing no one else, closed the public hearing.