Minutes from the April 3, 2025 Board of Adjustment meeting

Three (3) Variances - Hixson Quadruplex - 1144 South Ocean Drive

The clerk introduced the Variances to the Hixson Quadruplex located at 1144 South Ocean Drive.

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

When acting as a quasi-judicial body, the Board is held to certain procedural requirements.  Quasi-judicial proceedings are less formal than proceedings before a circuit court, but are more formal than the other aspects of today’s 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 quasi-judicial proceedings more like judges than legislators.  This afternoon, the Board will follow the same uniform procedure in all quasi-judicial hearings.

The Board attorney explained that since there are only three (3) Board members in attendance, all three members must vote to approve. The applicant can proceed or wait until four (4) or five (5) Board members are present. 

The applicant chose to proceed.

The Chair called the proceeding to order. 

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

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

Mr. Drummond - no
Ms. Mitchell - no
Chair Galinas - no

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: Mr. Gilmore stated the applicant is requesting to deviate from the City Code by continuing to exceed the maximum density of 8 units per acre, by rebuilding a non-conforming structure and use to an extent amounting to more than 50 percent of the replacement value, without any damage to the R4-A, Hutchinson Island Medium Density Residential Zone. The Variances will allow vertical expansion of an existing non-conforming four-unit residential structure. 

The proposed improvement adds a third and fourth story above the current building without increasing the total number of dwelling units. The ground floor will be converted into compliant garage space with flood vents and breakaway walls. This request supports improved structural resilience, code compliance with floodplain regulations, and preserves existing land use without increasing residential density. The subject parcel is approximately 0.29 acres. Mr. Gilmore reviewed each variance and the standards for reviewing along with the applicant's variance criteria responses.  He showed the current and proposed elevations, the footprint and the site plan.

Board questions for staff: Mr. Drummond asked if the three (3) variances were a result of a certain action like a rezoning or the building not meeting the code. Mr. Drummond asked if the building would exceed the allowed density. Chair Galinas asked if the building would be over 45 feet in height and, if not, how could two stories be added to the building and stay under 45 feet in height.

Applicant questions for staff: None 

Applicant presentation: Roger Templeman, applicant representative, sworn, answered questions from the Board. He explained the main floor will not have a habitable unit and the 4th floor will be a penthouse with the 2nd and 3rd floors each having one unit. He highlighted the first floor will be converted into a garage space with a flood vent system and breakaway walls, which will keep the building from imploding during a flood. Mr. Templeman assured the Board that the density would not be exceeded because the code only allows four (4) units on .26 acres.  He noted the increase in the floodplain elevation was not anyone's fault and the design could be a case study for minimal improvement to get to modern floodplain standards.

Board questions for applicant: Mr. Drummond asked whether there could be an increase in density by adding units at a later date. Chair Galinas asked if the structure has variances as it sits today and if the building would stay apartments. 

Public comment:
Ravichandran Sadhasivam, resident, sworn, stated his home is diagonal to the property, and he had initial concerns about his view being blocked, and he also wanted to get more information on how the increased floodplain elevation was going to work.
Marco Castillo, resident, sworn, stated he lives across the street, and he was concerned about the view. He also wanted to know if the increased floodplain elevation would affect everyone that lives across the street. 
Joanne Albarelli, resident, sworn, stated she sold her property that was across the street, and she thinks the variances are a good idea for safety and not ruining the view. 

Staff final comment: Mr. Gilmore explained the building does not meet the current code. In the 1990s, a zoning change was made to the South Beach Overlay that restricted the height and density.  He said with the current zoning the density is met, and they will not be increasing the number of units. Mr. Gilmore noted that the FEMA flood base zone changed across the state. 

Board comment: Ms. Galinas said the variance does not affect the other surrounding buildings. 

Applicant final comment: Mr. Templeman said the ground floor conversion will improve the safety and structural resilience of the building and make it compliant with the floodplain regulations.  The footprint is being maximized, and the building doesn't damage the island or increase the density. He concluded that the building would stay as apartments and the owner would live on the top floor.

The Chair, seeing no one else, closed the public hearing.