Special Magistrate

901 Ponce de Leon Blvd. Belleair, FL 33756 Town of Belleair Meeting Minutes Special Magistrate 3:00 PM Town HallWednesday, August 6, 2025 MEETING CALLED TO ORDER SWEARING IN PROCESS Meeting called to order at 3:01 PM with Special Magistrate Valdes presiding. Special Magistrate Valdes discussed order of proceedings for the hearing; any findings will be mailed by official order. Those wishing to speak were sworn in. GENERAL AGENDA 25-0110 VARIANCE REQUEST: 420 WILDWOOD WAY Luis Serna-Calvin, Giordano & Associates, Town Planner-detailed request; applicant is proposing construction of a gazebo 18ft from the property line requiring a 7 ft variance; proposed gazebo would not extend any further into the setback than the existing house; reviewed each section and provided findings; special conditions and circumstances do not exist as result of applicant actions; literal interpretation of application would provide an undue hardship; variance if granted is the minimum necessary to accommodate the proposed gazebo; granting of variance will be in general harmony with intent and purpose of the Town Code; will be placed over an area of pavers minimizing any impacts to the adjacent properties; granting of variance will not result in any land use not specifically provided for in code; recommendation based on review is for approval for variance from the 25ft setback standards of the R2 zoning district, subject to condition that the development will be in alignment with the site plan as submitted in application. Special Magistrate Valdes questioned detail in application regarding the structures. Mr. Serna clarified, one is gazebo and the other is a pergola that is in compliance with the setback. Special Magistrate Valdez accepted into evidence as Exhibit #1, agenda packet pages 2-18. Ryan Johnson-Applicant-no questions for cross examination. Mr. Serna had nothing to add. Mr. Johnson spoke to all items have been included in the variance application. Mr. Serna has no cross examination. Hearing open to public comment. Audrey Schechter-neighbor-had photos to provide regarding the location of her home; requested they be entered into evidence. Page 1Town of Belleair Printed on 8/25/2025

August 6, 2025Special Magistrate Meeting Minutes Special Magistrate Valdes marked photos presented by Ms. Schechter as Exhibit 2-photo of fence and Exhibit 3 - looking over fence into backyard. Ms. Schechter spoke to not approving non-conforming use that exists; does not see an unnecessary and undo hardship; spoke to obtrusiveness of structure near her setback/fence; does not feel criteria necessary has been established; spoke to easement, questioned impact. Rollin Rogers-neighbor-spoke in support of Ms. Schechter's comments; questioned setting a precedence by granting the variance; spoke in support of denial. Special Magistrate Valdes requested Mr. Serna provide detial regarding section 3; Mr. Serna spoke to existing house being non-conforming, this would be behind the existing setback of the home, requiring to be moved back would create a hardship for functionality as it would be located over brick pavers. Special Magistrate Valdes questioned how an undue hardship is present; Mr. Serna spoke to it as an accessory use that is customary to single family residences. Special Magistrate Valdes questioned item 4; Mr. Serna spoke to allowing a customary use with other single family residences requiring it to be moved would make it non-functional, there is no other location that would function for applicant and not require more impervious area. Special Magistrate Valdes questioned easement; Mr. Serna spoke to no effects to easements, setbacks are measured from property line not easement. Special Magistrate Valdes questioned if there is any other location the gazebo could be placed; Mr. Serna stated there are other locations; Special Magistrate Valdes questioned how pavers come into play; Mr. Serna spoke to pavers existing and not have to add additional pavers and adding additional imperious area. Mr. Johnson spoke to pavers and existing area; there is a permit regulation regarding impervious area, would need more information to see if other pavers could be done; spoke to full sun on current pavers, extreme heat in summer, limits usage to cooler months, looking to gain use of area; intend to line up with home to match architectural styles, not wanting to add any additional run off. Special Magistrate Valdes spoke to the applicant meeting all criteria except #3; literal interpretation of the previsions of the Code with unnecessary and undue hardship on the applicant; denial of variance at this time. ADJOURNMENT Hearing concluded at 3:24 PM. Page 2Town of Belleair Printed on 8/25/2025

Special Magistrate

Town of Belleair

Meeting Agenda

901 Ponce de Leon Blvd.

Belleair, FL 33756

Town Hall3:00 PMWednesday, August 6, 2025

MEETING CALLED TO ORDER

SWEARING IN PROCESS

GENERAL AGENDA

VARIANCE REQUEST: 420 WILDWOOD WAY25-0110

420 Wildwood- Variance Memo

420 Wildwood Way-PE Report

420 Wildwood Way-Variance App

420 Wildwood Legal Notice 2025

Attachments:

ADJOURNMENT

Persons are advised that, if they decide to appeal any decision made at this meeting/hearing, they will need a record of the proceedings,

and, for such purposes, they may 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.

ANY PERSON WITH A DISABILITY REQUIRING REASONABLE ACCOMMODATIONS IN ORDER TO PARTICIPATE IN

THIS MEETING, SHOULD CALL (727) 588-3769 OR FAX A WRITTEN REQUEST TO (727) 588-3767.

Printed on 7/30/2025

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Town of Belleair