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TOWN OF SEWALL'S POINT Board of Zoning Adjustment Meeting November 12, 2026 10:00 AM Pledge of Allegiance to the Flag Roll Call TOSP Public Comment Guidelines Public Comment Guidlines_CEB.pdf 1. APPROVAL OF MINUTES a. Board of Zoning Adjustment Meeting Minutes - July 16, 2026 07 16 2026 BZA Minutes - draft.pdf 2. PUBLIC HEARINGS a. Alexander Dubitsky and Pamila Tillinghast - 18 Palm Rd - Variance Request - Section 82-274 - Setbacks 1. Disclosure of any Ex Parte Communications Variance Application - 18 Palm Rd.pdf CALL TO ORDER PUBLIC COMMENT ON NON-AGENDA ITEMS Please submit a comment card to the Town Clerk prior to the start of the meeting and limit yourcomments to three minutes. Individual time may not be transferred toanother individual on your behalf. APPROVAL OF AGENDA ACTION ITEMS: CLOSING COMMENTS ADJOURN CIVILITY CLAUSE: It is the policy of the Sewall's Point Town Commission that all persons addressing a town board or attending a Town board meeting shall conduct themselves in a manner that does not disrupt the orderly and efficient conduct of the meeting. Boisterous or unruly behavior; threatening or inciting an immediate breach of the peace; or use of profane, slanderous or obscene speech will not be tolerated and could result in ejection from the meeting after warning from the presiding officer. In accordance with the provisions of the Americans with Disabilities Act (ADA) this document may be requested in an alternate format. Persons in need of a special 1

accommodation to participate in this proceeding shall, within 3 working days prior to any proceeding, contact the Town Clerk’s office, One South Sewall’s Point Road, Sewall’s Point, Florida 34996 (772) 287-2455. If any person decides to appeal any decision made by the Town Commission with regard to any matter considered at such meeting or hearing, s/he will need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. CONSENT CALENDAR: A consent calendar is a way for meetings to operate more efficiently by grouping routine and non-controversial items, such as previous meeting minutes or financial reports, into a single agenda item. The entire group of items is then approved with a single vote, without the need for separate discussion or motions for each one. This allows meeting time to be reserved for more significant or complex issues that require debate. If discussion on an item is desired by any City Commissioner, that item may be removed by a City Commissioner prior to approval of the Consent Calendar and considered separately. 2

Guidelines for Public Comments • Please submit a comment card to the Town Clerk prior to the start of the meeting. • All comments are limited to 3 minutes. Individual time may not be transferred to another individual on your behalf. • Please state your name and address for the record prior to addressing the Board Chair. • All remarks should be addressed to the Board Chair. • The public comment period is for receipt of public comments, not debate. It is not intended as a time for problem solving but rather for hearing the citizens for their input. • Any person addressing the Board who disrupts the orderly and efficient conduct of the meeting, uses profane or obscene language may be removed from the meeting. 3

Page 1 of 5 Board of Zoning Adjustment Meeting Minutes - Draft July 16, 2026, 10:00 AM 1 South Sewalls Point Road, Sewall's Point, FL 34996, US CALL TO ORDER Chair Bashoor called the Board of Zoning Adjustment meeting to order on Thursday, July 16, 2026 at 10:00 AM at 1 South Sewalls Point Road, Sewall's Point, FL 34996. • Pledge of Allegiance to the Flag The Pledge of Allegiance was recited. • Roll Call Present: Chair Bashoor, Vice Chair Barrett, Board Member Leonard Absent: Board Member Choplinsky A quorum was established. PUBLIC COMMENT ON NON-AGENDA ITEMS No public comments on non-agenda items were submitted. APPROVAL OF AGENDA Board Member Leonard asked for clarification about the revised Agenda. It was confirmed that the revision moved the Disclosure of Ex Parte Communications from the top of each public hearing item to within the body of the hearing itself. Motion to approve the revised agenda was made by Board Member Leonard and seconded by Vice Chair Barrett. The motion passed with all in favor. ACTION ITEMS 1. APPROVAL OF MINUTES a. Board of Zoning Adjustment Meeting Minutes – February 18, 2026 Motion to approve the February 18, 2026 Board of Zoning Adjustment Meeting Minutes was made by Vice Chair Barrett and Board Member Leonard seconded. The motion passed with all in favor. 4

Page 2 of 5 2. PUBLIC HEARINGS a. Joseph Chudd – 31 N Sewall's Point Rd – Variance Request – Section 82-274 – Setbacks Chair Bashoor inquired regarding ex parte communications for 31 North Sewall’s Point Road. Vice Chair Barrett noted receipt of an email sent to the Board and a phone call from a town property owner; he declined to discuss the case prior to the hearing. Board Member Leonard acknowledged a phone call from the same property owner and listened to their concerns, affirming it would not impact her decision. No other ex parte communications were reported. Jack Reisinger, Building Official, was sworn in. Attorney Terry McCarthy (and, Attorney Audra Creech), representing applicant Joseph Chud, provided background on the property's history. The subject parcel is the southerly (blue) lot at 31 North Sewall's Point Road, created as a result of a lot split of a formerly undivided parcel running from North Sewall's Point Road to the Saint Lucie River. Mr. McCarthy explained that both Mr. Chud and the adjacent northern property owner, Dustin Ertle, purchased their respective lots with aligned intentions: to construct single-family residences while preserving the significant existing tree canopy on the properties. The variance sought was a reduction of 5 feet from the required 20- foot side yard setback along the shared interior (northern) property line — from 20 feet to 15 feet — allowing each owner to position their home slightly closer to the center boundary and farther from the exterior neighboring properties to the north and south. Dustin Ertle, owner of the adjacent 33 North Sewall's Point Road parcel, was sworn in and testified in support of the shared rationale. He described his family's plans to relocate from Wellington, Florida, and noted the appeal of the property's natural character. He stated that the variance was critical to achieving a functional home design, particularly given the requirement for side-entry garages, and that without the additional 5 feet, the usable width of the building envelope would be severely constrained. Mr. Ertle acknowledged that a resurvey of the property revealed the actual width to be approximately 112 feet at the waterline — less than the 120 feet reflected on the property appraiser's records — further complicating the as-of-right design. Upon the request of Vice Chair Barrett, Attorney McCarthy provided his evaluation of the six statutory criteria for both properties required under Section 82-115 of the Town Code for approval of a variance. Building Official Jack Reisinger explained the applicable setback regulations. He noted that prior to the lot split, the combined parcel carried 15-foot side setbacks. However, because the lot split created new lots with a legal birth date after February 8, 1984, both newly created parcels became subject to the more restrictive 20-foot side setback requirement under the Town's code. This applied to all four side yards — not merely the newly created interior boundary. Building Official Reisinger further stated that the Town had no objection to the variance request, as the change would only affect the relationship between the two cooperating property owners, and the exterior setbacks abutting adjacent neighbors would remain at the full 20 feet. Attorney Tyson Waters read the code setback requirements. Vice Chair Barrett noted that a formal lot survey was omitted, and the applicant relied solely on Property Appraiser data. Board Member Leonard noted that there was no benefit to the abutting adjacent neighbors as was suggested. 5

Page 3 of 5 Board Member Leonard raised a concern regarding the absence of a formal survey in the application materials. Attorney Audra Creech clarified that she had relied on the property appraiser's website measurements, as the surveys conducted by the individual owners had not been provided to her. Dustin Ertle explained that a secondary survey had been commissioned to obtain a cross-sectional measurement, which revealed the 112-foot dimension. The discrepancy between the property appraiser's figures and the actual survey was acknowledged, though BZA Attorney noted that the recorded metes-and-bounds legal descriptions in the deeds would govern any future boundary determinations, making a dispute unlikely. Chair Bashoor raised a question regarding the legal scope of the variance, asking whether, if granted, the 5-foot reduction would run the full length of the property from North Sewall's Point Road to the river. Town Attorney Elizabeth Lane confirmed that this was the case but advised the board that it had the option to limit the variance to a specific portion of the property — for example, only to the area of the primary structure — as a condition of approval. Dr. Charles Farrell, 46 North River Road, Knoll Subdivision, was recognized for public comment. Dr. Farrell provided historical context regarding the original structures on the property and confirmed the neighborhood's longstanding opposition to any access from North River Road. He noted that both ends of North River Road are currently closed with physical barriers and town- posted dead-end signs and urged that the proper access for the subject properties be limited to North Sewall's Point Road. When asked by Chair Bashoor whether he was in opposition to the variance itself, Dr. Farrell indicated that his primary concern was access, and that he generally preferred that all property owners comply with code requirements. Building Official Reisinger subsequently confirmed that access to the properties is limited to North Sewall's Point Road. Attorney McCarthy stated that Mr. Ertle did not want to make access to his property from River Road. Board members evaluated the request against the six statutory criteria required under Section 82- 115 of the Town Code for approval of a variance. Board Member Leonard expressed concern that the variance would confer a special privilege not available to other similarly situated property owners and further stated that the absence of a survey in the application undermined the applicant's credibility. Vice Chair Barrett addressed each of the six criteria in detail and concluded that none were satisfactorily met. Specifically: ● Special conditions peculiar to the land — The parcels are rectangularly shaped with no unusual physical characteristics distinguishing them from other properties. ● Conditions not created by the applicant — The lot split creating the new setback requirements was a transaction entered into by the current owners and predecessors; no independent hardship was imposed. ● No special privilege — no special circumstances. ● Deprivation of rights — A code-compliant structure can be constructed within the existing 20-foot setbacks. ● Minimum variance — Because a reasonable use of the property is achievable under the existing code, the request was not the minimum variance necessary to enable use. Vice Chair Barrett noted that a 67-foot building envelope remains available, which is comparable to the width of a functional residential structure. 6

Page 4 of 5 ● Harmony with intent and purpose — The variance was characterized as a matter of convenience for the property owners rather than a necessary remedy. Chair Bashoor concurred that several criteria were not met and stated the board must adhere to the applicable code. Motion to deny the variance request for 31 North Sewall's Point Road was made by Vice Chair Barrett and seconded by Board Member Leonard. Upon roll call: Board Member Leonard — yes; Vice Chair Barrett — yes; Chair Bashoor — yes. Motion to deny carried 3-0. b. 4 Coastal Properties Inc – 33 N Sewall's Point Rd – Variance Request – Section 82-274 – Setbacks Ex parte disclosures for Item 2b were confirmed to be the same as those disclosed for Item 2a. Attorney Terry McCarthy advised the board that the facts, arguments, and testimony presented during the hearing for 31 North Sewall's Point Road were equally applicable to this variance request, as the two applications were substantively identical — both seeking a 5-foot reduction from the required 20-foot side setback along the shared interior property line, for the same reasons and by the same cooperating parties. The board accepted the record from the prior hearing as applicable to this matter without requiring a full re-presentation. Board members applied the same analysis and rationale as articulated in the hearing for 31 North Sewall's Point Road, finding that the six statutory criteria for variance approval were not met. Motion to deny the variance request for 33 North Sewall's Point Road (4 Coastal Properties Inc.) was made by Vice Chair Barrett and seconded by Board Member Leonard. Upon roll call: Board Member Leonard — yes; Chair Bashoor — yes; Vice Chair Barrett — yes. Motion to deny carried 3-0. CLOSING COMMENTS Chair Bashoor invited BZA Attorney to provide clarification on the proper handling of ex parte communications, noting that the topic had generated some discussion in the community. BZA Attorney explained that the purpose of ex parte disclosure is to ensure full public transparency — any information learned or communications had outside of the hearing room must be disclosed at the meeting so that the public, the applicant, and town staff are aware of all information being considered by board members. He advised that while such outside communications are not strictly prohibited, board members should minimize them to the extent possible, and that communications between board members outside of a noticed public meeting are prohibited under Florida's Sunshine Law. Vice Chair Barrett noted that he had previously been counseled against speaking with applicants or other parties prior to meetings and had since adopted the practice of not discussing pending matters with anyone outside of the public hearing setting. Chair Bashoor echoed this approach, describing the BZA as a quasi-judicial body whose members, like judges, should rely on information presented at the public hearing rather than conducting independent investigations. ADJOURN There being no further business, Chair Bashoor adjourned the meeting. 7

Page 5 of 5 APPROVED: ___________________________________________ Yara Bashoor, Chair Board of Zoning Adjustment ATTEST: _____________________________________________ Maria Pierce, Acting Town Clerk Minutes approved at the meeting of: __________________________________ 8

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