Board of Adjustment

America and >> One nation under God, indivisible, with liberty and justice for all. I want to remind everyone to please turn off your cell phones and leave them off during process. The meeting can be annoying to have this type of interruptions. So and then also for anyone speaking during the meeting, if you could please lean forward and speak directly into the microphone so that we can not only hear you but record the information for posterity. Allison, you would do the roll call, please. >> Mister Chair. Missus, but here, Mister Roque, President mishandling present MS Tennis president. >> Next, if we could look at last. Minutes of the previous meeting on. Just not as December. I guess it is a small small correction. h presentations, things. You are the chair. I am not. Here. All right. >> Nothing happened. All right. >> So to make adjustment to that and adopt the minutes as modified. You can just do what's Okay. What do spend? Yes. >> Yes, yes. >> And John, if you please explain the quasi judicial hearing procedures for Thank you. So all the various applications before the board of Justin Today are quasi judicial hearings because that usually hearing is a slightly more formal hearing that a legislative public hearing there are parties to a judicial hearing. The parties may include the applicant, the city and anyone who has applied for and qualifies for affect a person's status under the criteria of the Seas own ego. Parties may proper evidence. Testimony, expert testimony and documentary evidence parties have the opportunity to cross examine opposing parties and to present the closing rebuttal argument. The decision of the board of Adjustment in a quasi judicial hearing must be based on the confidence, substantial evidence in the record and the board must apply the appropriate standards of review in the zoning code to the type of approval request. It. Beginning of the public hearing. We're members. Must state if they had any ex parte communications on this matter that being contact with any parties outside of the public hearing today. So I will now ask the board members if it had any ex parte communication in this matter. No, I have not yet. I did visit all 3 sites and I did have the top that the >> was Speak with one of the property When got out of my vehicle to look at the property, she addressed me and I formed her that I was just there to look at the property in preparation for this meeting today. Did not conduct any further conversations. Did not engage in any. Okay on that. >> I mean, so considering that limited are you able to consider this matter fairly and impartially today and render a decision based solely on the evidence presented. Yes, okay. >> I visited all the sites and I did expect communications. Okay. >> Also a site visit and no ex parte communication >> yes, I did visit the Ex parte communications, however, and disclosing that for the Orchid Street variance. I am currently working with the engineers who created the drawings. However, I do not think it will impact my judgment on the matter. >> You're going with engineers on this matter are a different matter, a case and not the matter coming before the board. A different address, different scope. And you have stated that even given affiliation, I different issue completely. You are able to consider the matter before you today fairly and impartially. thank you. >> Yeah, listen. If you could, please, to the code of conduct. >> Put conduct. Yes, we may disagree, but we will be respectful to one another. We will direct all comments to issues will not engage in personal attacks. >> And now I would ask that pretty before the board today in any of the hearings, please rise and raise your right hand. Do you swear or affirm that the testimony evidence or factual representations you're about to give or present to the board of adjustment during hearing held 25th day of February 2026 are truthful. >> Just to let you know that time to speak are our limited. We we ask that you keep it within 20 minutes, each petitioner 15 minutes for questions. 15 minutes for rebuttal. And 5 minutes for each public. Speaker. >> And then Mister Chair. Think right? I'm on the first That's what the 506, Jackson. The petitioner has 25 minutes for the initial presentation. Just given the complexity of the matter and the fact that there might opposition or not so that I have no problem with that. 5 minutes of the matter. If the board is that I'm okay with that. >> I see not a That will be fine. Thank you. As long you can get parking first we'll deal with Her. >> I just have something for the we received additional documentation yesterday, but I've not had time review and this one to put that on I'm just not had sufficient time to review the new 32 pages. For the first time. 26 ba are 0, 1, Correct? Okay. Understood. So that was. >> Just to get on the record. That was an objection filed by affected persons, correct on the verge matter. And I late yesterday afternoon, correct. >> By the mail buying just not had time to review it yet. >> And so the various petition number, 26 Dash V a R Dash 0, 1, >> Yes, okay. And bear with me this one's a little. longer staff report. All right. So the petitioners Henrico Audi and I'm or owners are seeking 5 variances for reduction and the north side yard setback from 8 feet to 4 feet for a total variance requests to 4 feet. A reduction. The court required south side yard setback from 12 feet to 9.8 feet for a total variance request of 2.2 feet, a reduction in the required rear yard setback from 15 feet to 10 feet 11 3 quarters inches for a variance to 4 feet and one quarter inch and encroachments into the northern and a light plane up to 3 feet 8, 1, 8, inches in the vertical dimension and 4 feet in the horizontal dimension for a total of 133.2, 4 square feet and encroachments into the southern like clean up to 6 feet 5 11, 16 inches in the vertical dimension and to be 2 in 7, 16 inches in the horizontal dimension for a total of 116.4, one square feet. The plus or -12,000, 700. And 24.3, 8 square-foot property located at 5 of 6 tracks and drive is located in the residential single family to zone district. The lot is nonconforming and its side yard setback unduly plan requirements for the arson twos and district. The property is bounded by single family residences to the East South and North Jackson Drive to the West in Van Buren placed Southwest the surrounding properties also have single family residential uses and are also zoned are set to. There's a single family structure on the property which has had previous damage to recent hurricanes, the property owners, which to utilize the requested variance is to lift the single-family home and associated pool. Cage by approximately 12 feet, 9, 3 quarters inches to mitigate flood risk per table. 6, 2, of 3 of the zoning code the are set to zone district requires a 15 foot rear setback and the minimum 8 foot 20 foot combined side yard setback. The existing north side yard setback, South side yard setback and rear yard setback for the same family home or not. Conforming. Therefore, they're requested. Variance is a 4 feet on the north. 2.2 feet on the south and 4 feet. One quarter inch on the rear to address the existing nonconformities. The additional requests are associated with the request to raise the single-family home associated pool cage to mitigate flood risk, which requires a northern daylight plan. Encroachments totaling 133.3, 4 square feet and the southern the light plane encroachments totaling one 16.4, one square feet. So the specific variance is being sought is generally outlined above our number one, a variance from sections 6 to a 3 table, 6 to 3 to allow for foot north side yard setback. Word. 8 foot setback is for wired, which is a reduction of 4 feet. Number 2, a variance from Section 6, 2, or 3 table 6 to 3 to allow a 9.8 foot South side yard setback. We're a 12 foot setback is required a reduction of 2.2 feet. Number 3, a variance from Section 6 to 3 table 6 to 3 to allow 10 foot, 11 3 quarters inch rear yard setback for a 15 foot setback is required a reduction of 4 feet. One quarter Number 4, a variance from Section 6, 1, 0, 2 U 2 to allow the light plane encroaching on the northern side of the home up to 3 feet 8, 1, 8, inches in the vertical dimension and 4 feet in the horizontal dimension for a total of 133.3, 4 square feet. Number 5, a variance from Section 6. Want it to you, too. To our delight, putting on the southern side up to 6 feet 5 11, 16 inches in the vertical dimension and 2 feet, 2, 7, 16 inches in the horizontal dimension for a total of 116.4, one square feet. The board should utilize criteria is number one through 5 as outlined under zoning Code section for 6, a 6 speed as the basis and making their determination. Thank you. Thank you, Allison. Asked that all the parties who are going to speaking presenting the information, please move forward. >> And then state your name and also that you were sworn All right. Some place will start on my right to left a state. Your name and whether or not you were sworn in. Read Carlton. once we're done. Dan Bailey counsel for the applicant. And I have this one. Molly do or I have been sworn in. John Brown Cole slaw architecture of been sworn in and I just want to I just like to make a little clarification. My legal name is very Dewar and I go by Molly. Ever since I was a baby. So just want thank you. >> All right. So I will start this off. My name is have the to give wife, Molly, where the homeowners of the property in question. To my left is it's a council and right is with the company that we've hired to raise our property. He's also a attorney. But my wife, of course, hear that John Brownlee that the foreign the architect who will be talking through some of the specifics of the house with you today. I'm going turn the over to Molly. >> Good afternoon. And thank you so much for giving us this opportunity. My name is Molly. Do or we put the slides of? That's not the one. Okay. My name is Molly Dewar and I am an elementary school teacher I saw at Southside Elementary at Weber and So this is our house in this picture. We live at 506, Jackson dry on Saint Armands. Key. It is a phenomenal house to be sure a lot of history and charm. Please note the Quach Oil and got arching at the front entrance. It really is a special house. This is no cookie cutter House anyway, September and October of 2020 for the House flooded twice once in Hurricane, Helene and then again and Hurricane Milton. It was a very traumatic experience. This next slide. This is our sun room. You can see how much water came into the house by the dark horse on line on the couch. The picture on the left shows how high the water was outside the House. This is our side entrance, which is a step up from the ground. Next And here are 2 before and after pairings of our living room, you can see the fireplace wall. That is original to the first structure built there in 1949. We now use a living room, too store cabinets that we were able to say. Likewise, the master bedroom is now a storage space for other tables. We were able to clean up and save. And next one. Here you can see that before. And after pictures of the master bathroom. No mistake, we were lucky. Some people lost everything. We have been living in approximately 1000 square feet in the second stories of her house. We neighbor House 8 palms and 2012 when we bought it to recognize the 8 palms that fly the grass on Jackson Drive in front of our house. It really is a unique and distinctive residence. If you look at the original plan from the 1926, John Ringling is states. You can see our 2 lots in area. 17, lots number 3 in 4 and again. Think of the fireplace. Its original to that first structure ever built on that property. This is our home. We want to continue it continue for it to be a house of unique style and character. To this end years ago, we commissioned a local artist, create a mosaic of the front elevation. The plan was for the mosaic to convey with the House to future homeowners. It's that special. After the hurricanes, we had very important choices to make and to consider. We rolled out straight renovation. To move forward as though the hurricanes and storms hadn't happened couldn't happen again. seemed the purest non. Sense. To do the same thing over and over again and expect a different is the definition of insanity. Demolishing the House, a building from scratch would erase the home. We love. That option may be even less sense. Our home cannot be recreated. The hardship. We need to address here today as post flooded twice and it could happen again. The House's bill that grade level. Our 3 closest neighbors did not have flooding in their living areas of their home because their houses are already elevated above grade level. And that was wise of them to make that purchase on their house. I just want to close by saying this is not a manicure or a vanity project. This is really us. And it's a very difficult process. We would not be trying to raise our house if not for the 2 unprecedented floods. That could happen again. We want to safeguard our home from ever flooding again. So while we talk to you a little bit and show you the pictures of the inside of the House. >> To talk about the flooding. I'm going to talk about the aftermath. The insurance companies tell you just get everything wet in your house out as quickly as possible. Red Bulls and all that type of stuff. So you're busy. The first couple of days after flood just dragging stuff to the street. Sure. You all saw pictures on Siesta Key here drove around is really do. And so the paws of stuff everywhere. You're busy. Do have time to think about what happened this is a picture of the hardest part in this process. For me. With the earth moving equipment comes and picks up. First up, dumps it into a dumpster and drags it off. This was this is very hard. Our solution. To the problem that we face of. How has that at great and floods the House would like to take just a minute. To explain what house ovation is. My experience is that people don't really understand the process here, but I told my general contractor wanted to leave the house. He said, what are you talking about? got some pictures her house. That's up in St. Petersburg. This backs up to Tampa Bay to build property. The homeowner here purchased the House, renovate the interior decided they really wanted to protect it and elevate the House applied for a permit. It took them over a year to get the permit elevate this house. In the meantime, the lien cave and flipped out the interior. So that raised the house every bit of a house. You'll see the left side. The house is raised up to about 40 feet, but they start the process. are many people show up one day with shovels. Those starred in your in your house creating tunnels under the house. They can. They can examine the slap to the bottom positioning hydraulic jacks of the house and raise you up. The first step will be raised about feet that allows and 4 footers of the house. you know what do and ultimately the house raise up to its final height. This house, I believe, went to 12 feet. The seat is open to the back facing the pools. There are walls around the sides of the front. Kind of close it off, but is open and we didn't flooded because of the the openness there. These 2 other houses. Just give you a sense of what this involves the White House is on cell Siesta Key. I know the home where they're actually recommended lifting to pay for them. The house has now been lifted worse like grade a little jealous of that. But setting that this house up to its final height, the one North one vote. He has a house that Molly, I saw when it was under construction when work was being done it. I've been back there since it's now completed landscape. They did a beautiful job, blending the the old and the new in and houses works is a as the North Lawn boat to beach bungalow. Very nice job. my north star. That's we're driving force so that's right. So our situation is a little bit different than I think most other people who've had their houses flooded in the storms at the time he'll hit. We had an open permanently house. As it had great house with a building permit. You're only allowed one per minute at a time in the city of Sarasota. So any of our flood renovations have to be added to existing permit. Midwest are going to be the see up there that the in total now has been under $500,000 cabinets flooring windows, countertops. You appliances. But there's other things that are outside the kitchen that we did as well. But in doing are 50% substantial damage calculation. We start off with a want taking out of use for us. So we don't really have a lot of under the rules to renovate the property. You can see there of the left that we took out part of the roof and we've built up who blood to let light in a look great. But it was done. That's what the project look like Fort Lee in almost done, not quite. And that's what it looks like them. Start all over again. Just very quickly because of our 50 per several issue. The city has told us that we can't really do much in the way of renovations. Now the doors of their their circle were damaged and that has since been replaced on the right side. I've got the roof, all those taxes are damaged, the We have been told by the city that Lee can't replace all the roof tiles on the roof at this point because to do so would be a large expense. And with the 50% rule issue, we can't we can't do that. So we can actually fix our roof until after the house is elevated up. And that turn try to give us some specifics job. Afternoon. My name is John Brown of Coastal architecture on the architects working with Henry Molly on the lifting of their own >> We're here today requesting a total of 5. variance is due to the nonconforming issues that exist. Those are the 3 setback variances for the North And besides the property and then the today like Francis for the North and saw signs of the property the narrative that we provided. Explain specifically we're requesting. just quickly want to go over the drawings on to make clear. If you haven't had a chance to look at them graphically what we're trying to illustrate. So starting with the site plan sheet Sorry, one you can see at the bottom of the sea is the new there for the front entry. The currently it we were able to get to work within the Even though we're close on the lot coverage, we were able to get that and then on the upper left hand side in the center of the the how the house you can see another's there that we added. Closer to the East halls. That also is within the and is conforming in keeping with the overall Boeing coverage. The next. The 2 sheets show the elevations of those stairs and what it will look like. Hoese left with the stairs. I didn't. And then the next 3, she's a 2.0, 3, 2.0, 4, 2.5. Are wall sections that show. The existing walls of the home boost both pre lift and post left. So. The wall sections on the right are the existing condition was excellent Sections showing the existing nonconforming. Encroaching in setback issues and to their loved are the wall sections those during the amount the existing walls will encroach into the daylight playing post left. On. 2.3, the dark of 67.3, 2 square feet. Is the area that we are requesting really for. she a 2.4? Again, it's not our catch. The area. That area is 67.3, 2 square feet. I'm sorry. 73.3, 6 square feet. And that's the portion that encroaches into the daylight time. Please know that the garage portion of the home is conforming both pre and post live. And raising the home. We have maintained conformance with the overall height restrictions. And we're currently one foot, 3 inches below the maximum. 35 foot high. Set by the regulations. All right. So I'm going spend a little time addressing the elevation that we're talking about the 12 feet, 9 inches tall. You know. >> And just over a quarter inches when and why we're going up that high. A story goes back a way tell you. This is the first kind of flooding event that we experienced on scene where guns you can see the road 5, our houses flooded. The water started coming up the sidewalk. It didn't go much further than that. It could go a little bit, but not much further than that. So this is about the flooding that we had. But it puts that the possibility of flooding kind of on the radar screen at this point in August. 23, we had already started the kitchen renovation work was open to this point. That will leave him. This is some information from the National Hurricane Center. If you look at the purple areas, either the light or the dark purple areas north Tampa, north of Cedar, Key. All of those areas experienced storm. Sure. Storm surge flooding if the excess of 8 feet. Base flood in Sarasota is feet. The design standard, therefore easy feat. Plus one for the Freeport is 9 feet. There's over a 70 stretch of coastline in Florida. Experienced storm surge, flooding greater then base flood in Sarasota and even some of the reading area there had to 69 feet. So some of the some of the other areas I had extensive flooding as well. We could build this house to base Plus a foot. But that doesn't provide really very much security. If were having repeated there are 3 storms in 2024. That that that hit the area. I'm looking at we've is here on the on the left. Maxim Storm surge flooding there, 10 feet. If you build that. Base flood in Sarasota plus free board. You could have flooding there at the charge for being on the right wants. it's time for that. It was a bigger issue, of course, for the south. But I do know people in North Fort Myers, but the 17 foot storm surge that their house building this house, the amount of money that that year to spend raising it all that construction, we will have to go through to raise out that to raise the house up, not necessarily enough to give you a lot of insurance against future flood risk does not make. That does not make sense to us. We're going up higher for that reason. But also our plan is to protect kind equipment of by putting under the house. So its walled off its perch protected from wind but also has to be above base flood. if you prepare commissioner course a unit under the House build the service oppressive between based what the size, the air conditioning units and even a space that changes service to the basic Lee fills up the full space to have under the House. want to talk to just for a minute or 2 about the rear setback variance. This is a zoomed-in piece of the same plan you'll see is a green circle there. The house itself, the structure itself. Needs the setback requirement that we have in the rear setback that kind of vertical line that that has a little bit of a bend in it in that green circle. That is the 15 foot setback line off. The property lines probably not straight in behind our houses. Get bend in it. There's a small part that hatched area is the is area. That's the area that's covered the pavers there's a small triangle there that is in the 15 foot setback so it's inside the existing pool cage worries that a job. That little will be that little. That little area will will KGB of be used existing boundary for the pool cage. That area will be within the setback. thought about modifying the pool cage, but really want to do that for this reason here, which is in it under that area. We have the electric service of the House. We have drainage pipes for the backyard. We have lots of pipes and electrical work for the for for the planning for the pool. So what I what I really like to do here is to it's too follow the existing life, the pool cage. Once we get past all that pork or bring the pool cage into the 15 foot law the curb. goes all the way to the edge of the House will hold back a foot off the edge of the house or to make the overall enclosed space smaller. If we could have worked construction in that area, it would be huge show. There's actually recommended by by Larry Bird for building department. So we're talking about is kind of the area there just your side of the vertical wall. Okay. Just right across the back. Spend just a explaining it. A couple of things you would have known that, of course, the schedule for January. We get pushed to the schedule for for February and there were some changes in the January originally were asking for variants of the 35%. Lot coverage building coverage restriction. We're also asking for a variance of the front setback. have dropped the front setback and drop the building We that we delayed to February because of just the discrepancies or questions about some of the numbers decided was best in discussions Miss Christie that we we delay a month we're going to re advertise the variance hour the publication deadlines. had a call that problem the Board of Adjustment is not authorized to give building coverage exemptions for the issue. Can you redesign your house that you don't need to go to? 35%. They vote. know. But have a little bit of extra time. So actually know demolishing part of the house so that we can push the front staircase into the house so that we don't have as much of the front going outside of the house. On the left side here, you have original plan. You'll see there's a front staircase, the kind of cascades down the front the front of the house. I'm very elegant design look fantastic the right side of governor actually doing now, which is a staircase that kind of wise and twisting goes up. But I prefer the first one, but that we can we can do the second one so we've redesigned the front staircase. We redesigned the side staircase. We are actually raising the house of the bottom by 18 inches so bring in Phil and such which will prevent us from flooding and minor storm events. That also means we do stairs and we also remove the rear balcony in the real bad is is an issue. We've got a drawing of the about of the house, lots of doors, the back of House. We hope that they could open up to some sort of alchemy. We had a fully removed without for the back of the House because under the current zoning rules. Balconies like this, we count as la coverage. right now the house is designed to be 7 square feet below the building coverage, that's a 5% building covered restriction. But that doesn't So if he doesn't give us much it. over you know, go to the 5 standards that you consider and One. >> Special conditions and just cleared land on the structure station, structural building to building. Different from homes and the community. Is the facts in 1948, a structure that has modified just that time. But that does not mean the setbacks. This first Havel for his molo famine. Which runners are susceptible to flooding from storm surge. Number 2, a special conditions did not result from actions of. applicant. facts show that the not inform setbacks and nonconforming elevation exist before they bought the home. Number 3 little interpretation would deprive them of. Lights come really enjoyed about the properties in the district. In this homeowners in our community do seeing the same have alike to enjoy free, have a home. That's where the havel's patients free of storm surge. And which should be unreasonable to deny with that same line. Enjoyed homes. for the very of granite, is the minimum make possible reason, of land. In this case, the building. The facts show that the proposal to raise the home Berkeley about amendment nation. There's not horizontally. Expand. Not conforming footprint of the home. We just Moos it up vertically nor will it cause it to exceed the 35 foot maximum. Hi allowed in that district. It's necessary to raise the Havel floor. One full story because regional storm history that. You just heard about worst case looking at that purple area on the map should be accommodated there used to be based on the house to accommodate equipment. And just talked about. Number 5 grand will be consistent with the general regulations and not be injurious to the neighborhood. Really detrimental to public welfare. there will allow them to avoid having to demolish their unique home. This question of do they raise it with a Z or Asian with an S and they don't raise it us. on the slide here. Page 20 is what type should say. They want to avoid having the most unique home and instead merely lifted harm's way. That will promote public welfare. They could know underserved for She can 100 FEMA for monetary. We cover in the event. The next storm. And here's the main here. We see a conflict between. And a lot playing ordinance. They live plane orders. It's certainly worthy, but it's an aesthetic time. The same thing is a life safety issue. So the question is in the event of conflict, what should prevail and it should be life safety. That's what we're trying to accommodate here. think of question >> yeah, I have one quick question about kind of the sunshine component I know to the right. >> As it exists today, there's a tall building that's already been built off. noticed driving through the neighborhood. Many other units are being redone and they're building them all. >> You don't have anything to the left of the house or to that front of that house that would be impacted. I'm guessing it would only be the rear that would. guess, which way is the bay from the house, which I to facing rape house in east to question is what's it faces west? so morning back will be a problem. So. All right, OK, that's just thank you. So my question is thank you. You mentioned question of FEMA vs. Do I called it something specific. Something It is yet, but he used the term U.S. >> it was an issue of life saving versus settings. And I wanted to understand that because how much are raising it versus what is the FEMA requirements? >> So so the requirement. Would be 8 feet. That's based flooded Sarasota. You're required to build that base flood plus a foot is my understanding you know, if he >> 19 and you're raising it basically almost 12 with almost 13 years. T. Versus us. That mix for the neighbors. Is that correct? >> Well, in the city, the city allows additional piece to the mic to I'm sorry, the city also gives additional. So but yeah, for for what we're trying to list, the if we're to put the mechanical equipment for the home on the House which protects it from, you know, storm surge and such on. You also need space. You need the height of the equipment which a typical condenser unit is. Let's just say 3 feet. So if you're up at 9 and then 3 feet, your 12 where it 12 foot, 9 and three-quarters. So we have just a little bit of space above right, Andrew, around to service it. So we're not rolling asking for, you know, the bare minimum in order to get the Reno relocate, the equipment. And and, you know, get the >> Sure. I understand that. My my only question I don't see the 2 of the equipment. So I'm trying to understand is that the equipment, the pick? Sure. Yet we had the pool. >> So basically if you look on on my sheet, a 2.3. On the left-hand Wall section. You we have page numbers to patients. I in the presentation. I don't. found 17. 17. Thank there you can see that I have on a new exterior wall section, the portion that will be newly constructed to support the wall. I have a bracket with the condensing unit place there right? I don't follow He's going to show me. Yeah, could you put this lineup for us? You can also put the she's on the overhead that the camera there, that's easier. look for me. Hear Ye right there. ? Yeah. Things that live it up. Move it up. Thank you. Yes. So yeah. It's the bottom portion of that wall section. You can see where have you, right where your pens pointing. I just have a an elevated a mechanical unit there. That's what that is. Yes, a little bit like an AC condensing unit and it's supported by the new exterior wall and lifting the home. And that's what the absolute lowest elevation, right? And it gives enough space for service ability right and free air. So. I hope that answers your >> So I'm wondering so you moving all the stuff that right now sitting the Cider House, right? you moving it underneath We'd like to but is that a requirement or is that what you would like to? It's not a requirement. So the equipment has to be located somewhere. And so being that the holes, RT is encroaching on the set by rather than have it, you know, and also the house, which you go further in the We just want to push it on the inside to protect it and also not to make it more encroaching. >> Sure, and understand the condition has to be at least base flood is my understanding is 93 that's hanging off the side of the house at 9 feet that it's quite visible to the front of house to the street. the your neighbors. We thought we do better to protect it from wind but put it under the house. But also, you getting and I sore. >> I appreciate that exit? I appreciate the conditions and just trying to understand what are the must versus would like to. And is the noise on your neighbors fear. That's that I appreciate that. Okay. So that was my question other questions. >> Mister Chair, you can ask if anyone wants as question, does anyone else have any I do have a question. I was just I don't know. But even as far as the venue for Central what year the seconds would be a permanent question. What your today? He is building value. >> that the city quest? Yeah. I do have flood zone specialist to locate deals with this more every day he can come down an answer that question. I might be able to help might be able to help with that answer. So. >> Basically what happens is is the value of the home is determined to buy the property appraiser, binding county property appraiser. But what centers interesting. For me doing this for a living lifting House. Is everybody talking about the 50% rule with regard to the cost of this? According to Florida Statute, 5, I believe it's 5.30, 3, 3.0, 7, 9, 19, be whatever the permit statute is. If you go down to that statute, it says >> that the cow that the cost of raising the home, the foundation upon which its bill. >> Etcetera, etcetera, is and even to be included in the cost this. So it's it's almost a like a issue with regard to this particular project because the entire cost of this project can even be calculated and determination whether it's substantially damage. >> Yeah, I mean, just a little clarification that the top of the the $500,000 permit that we have our estimate repair. The roof is about $225,000. We have to replace all the cabinets in the have to replace all other stories now since $80,000 we had the damage windows we had to replace. If you start adding all these things up and when we don't, we don't dispute that ultimately would have a 50% rule issue and and in talking with with the people over in permitting care, bill, those are house quite well at this point. He just kind of looked at us and said can't do this. you know, really it's been a lot of time discussing it so, you know, we we acknowledge that the the flood damage in that area out of the floors in that area of the sheet rock in that area of electrical work and the removal of the plumbing and all that high needs to be done along with new cabinets and and replacement countertops. In some cases and new appliances. You know, we get that that with that $500,000 check out roof repairs. You know, we're in excess of whatever you want to count. 2. But I believe your question, right? Use of what year? So it would be I thought I believe it would be NASCAR. >> I believe it would be when they opened that first permits. We can have the city thank you what you care to make a comment. You want the city staff person? Yes. Okay. Police think unit. The Baltimore floods and specials. More pleasant specialists. So it would be valued based on year that damage occurred for says it will damage its, you know, interesting because they worry. >> Having worked time. So I had to counsel those, but it would be 2024. >> And are they love allowed to use an appraisal to get, you know? >> Yes, so hires Dave. Our standard is as a kind property sure. Just like after that, they provide. But are well? Thank I'm sorry. Would you repeat that? Please? Again, yes. So our standard is use the Sarasota County Property Appraiser value and then they just actor to estimate from at market value. But the applicant is. Available to have a 3rd party And he said the percent of that. Guyger 2024. 4, right? Well, so we have was don't be per the day, right to get day before the damage. Thank you. I'm a lost. Why is this important? >> sliced >> And CNN, and that's if I may, that's another I'm glad you asked that because the fact of the matter is here is what is my company do. We're in the business of making FEMA compliant homes, structurally compliant. So what is the 50% rule? Do hear it saying, guys, if you're going to be spending more than 50% of the value the home, you've got to make it compliant and I would respectfully submit to each and every one of you. That's precisely what I'm doing by elevating the is making a compliant for the This is nothing but complaints here. >> You have 3 options. You can renovate great you can tear down and rebuild or you can let it out. Renovating a great is simply not an option because the 50%. So we have either elevate for tear down and rebuild. Those are the only options available to us. Renovating the existing house grade, always said it doesn't make any sense. Does it make any sense to me either? It's just flood again, but it's simply not an option for us because the extent of the damage because of the open permit, all the work that needs to be done. If you go to say you will see a fair number houses that have been torn down. You also see it from a house that looked pretty good right now. They've been renovated that great. I I myself, don't see the logic to spend money to a vast, a great it's going to flood again. Maybe a year to 5.10. 25 years. We don't know when, but it will flood again. That's just too big. A risk. It is an awful experience to go through. And also I think it's important to note that. >> We're only applying for the variances of necessity. And when I say that what I mean is the additions to the home that were made years and years ago may have complied with the zoning, you know, requirements for the setbacks at that time. But now because there are no more restrictive and there larger dimensionally right, the it puts us in a pickle now because we try to touch the house or do anything to it or for were forced to go through this. This PA so it's not that we're trying to do additions or anything. We just want to get the house do. tried to stress the papers. We're we're not extending the footprint without walls have which went the existing footprint. >> And just I'm not living space on top of the House, reading flood mitigation space at the bottom of the house. If Bill flood mitigation space for the bottom of it and water can flow through. There's you know, there's is this great to the front. Water can flow through the back of the open water can flow through we've designed the property so that if it does flood may get a few feet, they'll be literally nothing to do other than hose it back We are putting in an elevator that's designed to take on flood water. We know she you know, kind in the lower level, know, finished space at the at the lower level. It is all kind of stuck on the outside. But, you know, block on the inside and and and comes through pressure, wash it down and you're good to go. It gets they you know, the roof. You know, we're using o Paulo or a replacement tiles that are lighter weight don't crack are going rip off and and, you know, cut the size of the year. They're they're much more flexible. You know, we've trying to design this house. To handle storms as best as we possibly could in every way, shape or form. >> Yes. the thing that comes to mind over here when you're raising it further than base flood elevation is wind because you are going above tree line. You're going above some of the roofs, neighboring roofs so it's just to what extent, you know, are you taking that into consideration in terms of safety? With the proposed Yeah. >> So I guess I would see all that is determined by the zoning ordinance right with the Maxwell. I restriction. And so we need to we could go up even higher. You know, we have one foot 3 that we can push up even more. But we tried to, you know, be only as high as we needed to. So what kind of dictated that was the mechanical equipment right good. Not up high enough to where it's protected and all of the storm, you know, and above the base, flood elevation with, you know, the ability to service it. And so I would say that along with under the requirements, the zoning regulations >> I'm that when we replace the roof tiles, the entire roof will be re step down. That that that is part of the the rivers like, well, we might be struck down now. I'm not going risk it. going to go back and we strive so we should be enhancing the the structural integrity of the property. >> Okay. In those 35 feet, you're calculating is from base flood elevation and not your proposed elevation. No, it's yes. So the 35 feet would go from the reference point right? So we're actually one foot 3. >> below the allowable. 35 feet from the reference point. And there's a cow that was certainly have base was. >> So you're using this led us here, base, they use it base. I didn't Floyd reference point is based well know So there's the base flood elevation, right? And then the daylight plans to confirm the reference plane. And yeah, so it's all the dimensions are shown on my drawings and the on all those wall sections. >> Yes, measured from the recovery The 6, 7, eight-inch or need to right? That's what? Yeah, I misspoke. Yeah. Recovery. But just by than that, the grade the crown of the road out front. It's not so the recovery elevation is based off of surrounding properties and it's an average. So that number was derived from a survey, an elevation certificate and the elevation certificates show neighboring properties. The nearest, you know, neighboring have those elevations. So you take an average of law along with our ovation and that average is the recovery elevation. It's a little confusing. So you kind of have to go through it and you have to, you know, put the pieces together. But that's how that strived average. I think we've already kind of. Everybody done with their questioning at that point. Any rebuttal? Well, we know the affected person OK, rebuttal will be after the person And so thank you all. Thank you. It here. But you can start so for affected persons. We have Dale Mayor. Since and the twos. >> And Rob and I am Palermo. And I believe those 3 that persons are represented by counsel to Okay. And then we also have Linda Berry as effective person. Is Lynda Barry. Here. Yeah. Okay. Okay. So for these infected persons, I the board likes to offer 20 minutes that that be the default is 5 minutes for each of the persons. So you can pull that time and then we would offer an extra 5 minutes in the same way that we gave by this. Is that acceptable? >> this as person. He was not swarms the okay. >> All right. do so. Please rise. Do you swear or affirm that the testimony evidence professional reputations you're about to give represents the board of adjustment. This 25th day of that bridge when 26 are truthful. Yes. >> Want to start a I a Hackett. This is what was reference, I believe is mailed out. I have one for everybody thanks. of that. All like to simplify the stuff. The 60 pages. Yes, ma'am, I'm not going to recite the 60 page document for you I just thought you might like to have it for >> First I think Eugene, she would 3rd. I am Council for a mister Ms Matthews and Missus. Primero. >> City here in the be in the audience these folks, my clients are neighbors of the Mister Mayor's home is immediately to the north of the subject property they share and property line Mister to use home is immediately to the south of the subject property they share property line and Missus Palermo's always immediately to the east of the subject property their backyards. But so I want to initially by. Knowledge eating that we do not doubt the petitioners home is important to them and that it was a difficult experience that they that in countering with the hurricane the damage and the people that's flown from I understand how important their home is to them because like them, my clients, homes are equally important to them as well. And that's why we're here today. Speaking has affected a person's is. By the very nature of the scope and scale of what the petitioners are seeking to do with their property. It's negatively impacting my my clients, quiet enjoyment of the of their properties. It's negatively impacting the character of the neighborhood and it. It's frankly it's it's counter the concerns that we have on on City island and Sorry say arming key in general. So there are. Some misconceptions, I think that we want to get in front of here. First and foremost, there was a lot of we've heard in regard to the elevation. Now it's my understanding from review that application application is seeking to bring the home into the need for the variance is to bring the home into FEMA compliance. It's not to exceed. Requirements. It's to bring it to FEMA compliant. And so I believe, you know, the petitioners at their own admission said we do not need to raise it 12 feet to become a FEMA compliant. In fact, I think there was a little bit of a dialogue on it. And I want to make sure that everybody is clear on it the whole is not presently sitting at 0. There's talk about it needs to be elevated to 9 feet. Well, it doesn't mean it has to be lifted 90. It only needs to be lifted about 4 feet, 4 inches because it's already sitting at around 4 foot. 4.6, 6 feet. And so to get it within FEMA, compliance would only require of less than 5 foot elevation. And so we heard a lot of talk about. We've got to get, you know, the age, the mechanical system under the home within the home, there's no code requirement assess it hates that. There's already an existing mechanical system at the property that is not under the home actually in a permitted mechanical enclosure. So there are less intrusive means. And means that would be less impactful to the community as a whole negatively impact it to the community as a whole. That could be undertaken. That wouldn't require tearing the house down renovating it at grade. There's also the option of selling the house and moving on to something else. But you can also elevate this home to a lower level that does not encroach into the daylight playing to the level that it is the it does through these variances that are being sought and that does not negatively impact as greatly. The property owners quiet enjoyment of their property and it doesn't create property in on Saint Armand. That outside says many of the homes that our older and still do exist in the neighborhood. And those like their neighborhood and they like their homes where they are so I'm going to kind of step back. There's this concept self-created issues that go into the analysis here are the needs for the variance self-created. Well, we have a structure on the of the petitioners property that in you petitioner's purchased the property in and my understanding is in 2012 and 2015, 2014, 2015, there was an addition added on top of us of that part of the structure that was existing on the property to add a second story. And so now that that very area is one of the areas that is causing the need for this variance in regard to the daylight plane. That would be the South facing area and my Miss Mister Two's. you know, her home is denied of sunlight from just that being added, her pool area is she is. It's shadowed and it's it's changed and become worse. Even just by the the addition being added previously in 2014, 2015 and now you're going to be taking up that, you know, under the application would be taking up another 12 feet, which would essentially make her pool area dark, shadowy space almost all day and certain times of the year. So there are there are things that are not captured in the application in regard to what's happened at this property over the years and admittedly, not all of the modifications of the not come not good for me. Configuration of the play of the property. I I not all of them were created by the current owners. But those nonconforming conditions still do run with the land. It they passed from owner to owner owner. That's why they attached the to the property and not the person. And so we still have to deal with them. that kind of takes me into go with let's talk about The high benchmark. Okay. How they based on the application as I reviewed it as we've reviewed it as we read it. We're not quite sure we we're we're getting the recovery elevation from that's being used as the baseline for all of these elevation related conditions. It's specifically the daylight plane issues. So under the code, there's supposed to be a survey, a pain from adjacent part of property owners. My clients were never contacted that is to our knowledge. There was no taken to establish that the elevations of their properties to calculate the recovery elevation. There's none included in in application itself. Her code to the event that property owners deny access to right. Then they're supposed to be a sworn statement from a surveyor provides that calculation to show where that what that recovery number is based on other information. To my knowledge, my review of the application that doesn't And so. All of the numbers that we're seeing in regard to elevation from just this, that something as basic as the day like planes encroachments that our knowledge to the elevation of the the house and the structures, in fact that they are under the 35 foot requirement. Those are all based off of an validated data. We don't know where that recovery number came from to be even sure that that's what it is there's also this is that this concept the coverage area of the House. Pryor modifications in some of the nonconforming for the property. They stay on the permit applications that the property of already exceeds 35% there's one that. We have here. That we have here that is from the city records. It's from 2020. 21 for the and it states that the existing houses 4,000, 500, I believe 28 square feet. And that puts it at 35 point for 7%. So at some point. There has been a different calculation applied. We don't know what that is. And then we've got one here. This is from the second story. This is a survey that was submitted as part of the permitting process that also listen, existing house and porches at 5, 0, 4,000, 528 Square feet, which puts it at 35 0.4, 7%. So as it says right now, the House is already nonconforming as far as it did relates to cover. As we know, we can't modify in in the it's a I property. And so in the overlay district. So. I'm not really sure how can we reconcile these discrepancies? But I know. Based on a review of the application, they can't be reconciled. Based on the application as it exists today. If the board doesn't have the information they need to resolve these questions can approve the variance. Any one of these variances fails, the whole package has to fail because it was Mendez won as one of the variance application. And so when you go through and you provide your analysis under the 5. A criteria under 606, I could go through and do it for all of them. It would exceed my 9 minutes of time but I'm going to I'm going cherry pick a few to where we have some the required elevation they're missing by We're missing an entire rear elevation from the drug so we can evaluate what exists in regard the project as a whole or what the intent is and what is actually going to be built. There's an issue with the East Wing and how it's designed in the documents that we can't. Determine what its actual impact is going to be on the neighboring properties. We have a mechanical equipment enclosure that. It sounds like it is going to disappear because the mechanical equipment was going to be moved into into under the building. But it's not call out. We don't know that goes way. How that impacts any of the coverage calculations. The pool cage. This pool is significant in size in the cage is significant in size. Full page isn't shown in its entirety so that we can understand what the impact of the adjacent properties is going to It's going to be it's going to be there. There seemed to take it to 3 stories that's that's a a significant excess restructure. Now under revised code, it falls under the excess restructure noting under the amendment that was recently enacted we're trying to the balcony. The plans themselves, the there's they show there's of missions. We've got great lines in the I can show you. I think it's a Do you have a presentation from there? Oh, no, I'm sorry. This is somebody else's presentation. Oh, okay. I just thought that we not use that. Yeah. If you want to show page from the pack yes, it's the same when I show you when we have that, it is a more of the great white to go in the put the elbow on the there. So these we can put it right here. And You can see take a break. With a little swim live. that's what you're looking at is what you see if there's a there there. Yeah. >> So right. There's a little squiggle. Which means there's more here that we've intentionally of It we're not showing you. So the architect is acknowledged that he is not showing us with this So the entire East Wing is missing and that's where mark I believe it's called our tax code. great one. it here. He too. This, though, and that that you're all up. Let him And >> rear elevation the complete Kate? Yes. So here this is the year. >> There's a mechanical enclosure over here that's missing and is encroaching into the rear yard. And it's not just the pool. Cage is equipment, wall. That roughly 2014. That's The pair who came just missing. Also, there's another great lie. There's one more I have. So full set of plans over there. But there's whole of Georgia and Florida. >> I mean You can use your time buy okay. >> Well, I also want to call point There's an issue with the the variance in regard to the daylight plane. It requests. >> A 6.7, 3, 2, but it just ignores the fact that it's already encroaching. So the actual various requiring one, 33.3, 4 for the North play and one 16.4 1 for the South plane and just kind of lays over that fact in the text of the variance as it stated in the application, their material we you can evaluate for. Understand what it is that this plan is actually going to do to the neighbors and the neighborhood and the community as a whole without this missing information until that, you know, under those conditions, I think the board has the obligation to deny the we've got a property that has no unique physical So number under 606. Are there any unique physical conditions now? There are now. It's not a there. We heard nothing about it being a notch. A lot more there being some type of from some unknown structure or easement. There's been nothing presented of that. So we've got no unique physical conditions to deal with the hardship. This is an important one. The hardship itself created the petition. The petition admits it frankly and we have this the second story structure that was done specifically by the petitioners and then all of the other nonconforming additions. By their parent that the predecessor owners. So all of those things. Unfortunately fall in their lap and they would negate the the right to to receive the variance. The home under a criteria. Number 3, the home. You can still be used as it is. Yeah, they can be renovated to repair. There's a less intrusive means for elevating the home that home can be sold. So and that someone else can make a decision on what to do. It. Alright, as as the petitioners that they can. All those the home and build a new property. So to the extent they're being denied, use of the home, which they're not because they can renovate it. It can also be. Alternatively used the property, the land, the real property and a different home put on it or again, a less intrusive elevation program that does what the application actually states, which is to bring it into compliance, not in excess of requirements. Again, to bring it into compliance with FEMA and the city's code. It would need to be it would need to be elevated to 8, 8, a 9 foot level which given its existing status at 4 feet. >> At 4.6, 6 feet. It only needs to go up. Another 4 point 3, 4, feet to reach the city's FEMA requirements, which is the base. Plus one. So we have that opportunity with this property and that's not what's being sought in. The variants were looking to go 12 feet. So the over what could be done. It's an extra 8 feet and that's an extra 8 feet that is interfering with the the sunlight in the shadowy that the neighbors are dealing with. That is changing the complexity of the neighborhood is taking what was originally want story. Property that became a does mixed of one story to story property. It's turning it into a beast of a 3 story. Property in the middle of a Saint Martin. And there is an addition of a family room. On the garage. So there was a statement made about there's no more, you know, usable space being created. We're just looking up. It's not true. So we have a garage. And the garage is being elevated. And so the garage space is going to stay on the on the first level. But what was once the garage? It's going to be used its I my understanding is it's family room. So. It's not being done solely to get it out of the floodplain. We are dealing with a scenario where there are some additions in some extreme uses that are going to derived from doing this again can raise that much lower. Still getting it out of area are getting into the compliance and and and satisfy that and not having to tear the property. Now. The tension chair. That's the time. Can't budget gave 5 more minutes for >> thank you yes. Now we can open it up to the brake this now it's time for board questions of your question. Yes, Breeze, OK, the other brake lights. So first. first want show you plan C levels for the. ? The 2, 1, And then write about There's another little squiggle on this. So it's missing. So this is. >> This is the view from city, a side of the house. So this entire East you from her home, that you're not seeing any of that. You're not seeing a light plane if there is an issue isn't issue. We know they're going And then again, this this one here is 40 from So this structure here, this 2 story structure year, which is referred to as the East Wing. This is >> What it what exactly is the squiggle? >> Bringing that as easy what it means and architects will Michael is. There's more here. Make sure talking to them there's more here. We acknowledge there's more here. >> So they're disclosing it. They're acknowledging at. >> Doesn't it mean continued? It's another page its use for that purpose. When. >> When have to fit the whole when you can't fit the on this page concept on a single page, it would be used to denote. >> That it continues on in a different area. We just don't have but it doesn't continue on. It. Can. Well, you can continue on another page and I'm sure does. doesn't. Well, you might not have it, but I'm sure to 3 does Martin. this is what the city of Sarasota gave us in the when we came into the city of Sarasota's office. This is also what they showed us that they got. So there may be more. It was not part of the application of what's happened. You can ask the applicant's architects to clarify when they come back up for rebuttal. So so far Just how understandin