Planning and Zoning Board

AGENDA PLANNING AND ZONING BOARD REGULAR MEETING Monday, March 13, 2023 at 7:00 PM 2020 WILTON DRIVE, WILTON MANORS, FLORIDA 33305 1. CALL TO ORDER 2. ROLL CALL 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF MINUTES a. January 9, 2023 5. PUBLIC COMMENTS Any member of the Public may speak on any issue for three (3) minutes. 6. PUBLIC HEARING a. Ordinance No. 2023-XX AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WILTON MANORS, FLORIDA, CONSIDERING THE REQUEST OF WILTON 26 STREET PROPERTY LLC TO VACATE PORTION OF NE 25 STREET; PROVIDING FOR PUBLICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. VAC 22-01 Property Location: 1402-1444 and 1456 NE 26 Street Property Owner: Wilton 26 Street Property LLC 41 Indian Creek Island Road Indian Creek Village, FL 33154 7. QUASI-JUDICIAL PUBLIC HEARING Page 1 of 41  a. V 23-01 Property Location: 1806 NE 28 Street Property Owner: John Sinkevich and Herbert Roth 1806 NE 28 Street Wilton Manors, FL 33306 b. SP 22-11 Property Location: 1402-1444 and 1456 NE 26 Street Property Owner: Wilton 26 Street Property LLC 41 Indian Creek Island Road Indian Creek Village, FL 33154 8. STAFF COMMENTS 9. BOARD COMMENTS 10. ADJOURNMENT NEXT MEETING DATE -April 17, 2023 All interested persons are invited to appear and be heard, subject to proper rules of conduct. Persons who cannot appear and be heard are encouraged to submit their written comments. Written comments filed with the Community Development Services Director will be entered into the record. Persons with disabilities requiring accommodations in order to participate should contact the City Clerk at 954-390-2123 at least 24 hours prior to the meeting. Pursuant to FS. 286.0105, if a person decides to appeal any decision made by the Board, with respect to any matter considered at the meeting, or hearing, he/she will need a record of the proceedings and that for such purposes he/she 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 based. Any person requiring Auxiliary Aids and Services for the Meeting may call the ADA Coordinator at (954) 390-2120 at least two working days prior to the meeting. If you are hearing or speech impaired, please contact the Florida Relay Service by using the following phone numbers: 1-800-955-8770 (voice) or 1-800- 955-8771 (TDD). All materials may be reviewed at the City of Wilton Manors Community Development Services Department at 2020 Wilton Drive, Wilton Manors, Florida 33305, between the hours of 7:00 a.m. and 6:00 p.m., Monday through Thursday, excluding legal holidays. Page 2 of 41 COMMISSION AGENDA REPORT MEETING DATE: Monday, March 13, 2023 From: Roberta Moore, Community Development Services Director Prepared by: Evangeline Kalus, City Planner (a) Subject: January 9, 2023 (b) City Manager Recommendation: (c) Report In Brief: Approval of January 9, 2023 Planning and Zoning Board Meeting Minutes. (d) Discussion: Approval of January 9, 2023 Planning and Zoning Board Meeting Minutes. (e) Strategic Plan Consistency: Strategic Plan 2021-2026: Goal B – Promote Economic Development and Goal C – Enhance Quality of Life and Livability. (f) Concurrences: (g) Fiscal Impact: (h) Alternatives: (i) Attachments: 1. 010923 WM PZ 1st draft minutes Page 3 of 41  1 DRAFT 2 MEETING MINUTES 3 PLANNING AND ZONING BOARD 4 COMMISSION CHAMBERS 5 2020 WILTON DRIVE, WILTON MANORS, FLORIDA 33305 6 MONDAY, JANUARY 9, 2023 – 7:00 P.M. 7 8 MEMBERS ATTENDANCE 9 Richard Safaty, Chair P 10 Rudy Molinet, Vice Chair P 11 Jude Belanger P 12 Bill Desautels P 13 Jeffrey Ferraro P 14 Tim Moses P 15 Tim Theisen P 16 17 Staff 18 Roberta Moore, Community Development Services Director 19 Evy Kalus, City Planner 20 Mike Cirullo, Assistant City Attorney 21 22 I. CALL TO ORDER 23 24 Chair Safaty called the meeting to order at 7:02 p.m. 25 26 II. ROLL CALL 27 28 Roll was called and it was noted a quorum was present. 29 30 III. PLEDGE OF ALLEGIANCE 31 32 The Pledge of Allegiance was recited. 33 34 IV. APPROVAL OF MINUTES 35 36 a. October 24, 2022 37 38 Motion made by Board Member Ferraro, seconded by Board Member Desautels, to 39 approve. In a voice vote, the motion passed unanimously (7-0). 40 41 b. November 14, 2022 42 43 Motion made by Board Member Ferraro, seconded by Board Member Desautels, to 44 approve. In a voice vote, the motion passed unanimously (7-0). 45 46 V. PUBLIC COMMENTS Page 4 of 41  Wilton Manors – Planning & Zoning January 9, 2023 Page 2 1 2 At this time Chair Safaty opened public comment, which he closed upon receiving no 3 input. 4 5 VI. Presentation by City Attorney regarding the Overview of Role of the 6 Planning and Zoning Board and its members and Sunshine Law 7 8 Assistant City Attorney Mike Cirullo provided a presentation summarizing the role of the 9 Planning and Zoning Board, as well as an overview of the Sunshine Law and ethics 10 applicable to the Board members. 11 12 Attorney Cirullo explained that the Board members are appointed by City 13 Commissioners, and as appointed members, they are required to take official actions in 14 their collective capacity as a Board. Code provides the Board’s duties, as well as other 15 duties not specifically listed within the categories specified by Code. The Commission 16 may wish the Board to review, provide feedback, or make a recommendation about 17 these duties. 18 19 Attorney Cirullo noted that the Board itself does not send items to the City Commission. 20 They may ask questions of the Commission or make motions upon which the 21 Commission may choose to act as they deem appropriate; however, the Commission 22 sends items before the Board for action. He emphasized that the Board’s relationship 23 with the Commission is not an equal two-way street. 24 25 The only item in Code that addresses the responsibilities of individual Board members 26 is Section 130.090, which relates to absences. A member is permitted a certain number 27 of excused absences. Code lists seven different categories that provide for excused 28 absences. A member whose absence fits into one of these categories must reach out to 29 the Community Development Services Director to ensure that the excusal is reflected in 30 the next meeting’s minutes. An absence that does not fit within one of these seven 31 categories will not be excused. 32 33 Attorney Cirullo advised that membership on the Planning and Zoning Board, or any 34 City advisory or governmental body, does not mean a member loses their First 35 Amendment rights to speak. They are permitted to speak at City Commission meetings 36 or other advisory or community meetings, and may identify themselves as members of 37 the Planning and Zoning Board. They may not, however, make a representation 38 indicating they are acting on behalf of the Board unless the Board has made a formal 39 motion to that effect. 40 41 Attorney Cirullo next addressed Florida’s Sunshine Law, which is included in the Florida 42 Constitution. This Law states that all meetings of collegial bodies of the executive 43 branch of the state government, or any collegial public body of a county, municipality, 44 school district, or special district at which official actions are to be taken, or at which 45 public business may be transacted or discussed, shall be open and noticed. This means Page 5 of 41  Wilton Manors – Planning & Zoning January 9, 2023 Page 3 1 each time the Planning and Zoning Board meets, public notice must be given and the 2 meeting must be accessible to the public. The Sunshine Law is implemented through 3 Chapter 286 of Florida Statutes. 4 5 The purpose of the Sunshine Law is to ensure that decisions by public bodies, such as 6 the Board, are made in an open forum so the public may know what was decided and 7 why. Official actions include decisions, recommendations, discussions, and 8 deliberations. A workshop to discuss Code changes, for example, must be noticed and 9 open to the public. Meetings may not be held at a location which discriminates against 10 public attendance or is not accessible to the public. 11 12 Minutes must also be taken at public meetings. There is no requirement specifying what 13 minutes may include other than attendance and action items, such as motions, 14 seconds, and decisions. Once minutes are approved, they reflect the official record of 15 the meeting. 16 17 Any advisory board is subject to the Sunshine Law, although this Law applies equally to 18 elected and appointed boards, such as the City Commission and any board they wish to 19 establish. The Florida Legislature, however, is not subject to the Sunshine Law. 20 21 Attorney Cirullo continued that all discussion at Board meetings is required to be open 22 and audible. Private discussions or sidebars may not occur between members during 23 these meetings, as the public may not hear or understand the context of these 24 conversations and the role they could play in the Board’s decisions. 25 26 Attorney Cirullo noted that a fact-finding committee may only perform fact-finding: they 27 may report on what is found, but cannot make a recommendation on those findings. 28 This type of committee must also meet in a public forum. Elected officials, such as City 29 Commissioners or School Board members, may never act in a fact-finding capacity, as 30 they are the final decision-makers. 31 32 Vice Chair Molinet observed that Board members may visit specific properties in order 33 to gain a visual sense of what they will decide. He asked what may happen if more than 34 one Board member visits a site at the same time. Attorney Cirullo recommended against 35 speaking to one another if this occurs, and added that members may wish to maintain a 36 physical distance from one another, or one of the members may wish to leave and come 37 back at another time. 38 39 Attorney Cirullo further clarified that there are different rules for different types of 40 advisory entities: for example, a homeowners’ association may have more than one 41 member present, but if a quorum is not present, this is not considered a meeting. For a 42 municipal advisory body, however, two or more members may constitute a meeting, 43 which is required to be noticed and accessible to the public with minutes taken. 44 Page 6 of 41  Wilton Manors – Planning & Zoning January 9, 2023 Page 4 1 The Sunshine Law also applies to communications. Attorney Cirullo strongly 2 emphasized that the “reply all” option for email constitutes a problem, as members may 3 not be aware of all parties who are receiving an email. Emails sent from one member to 4 another are considered to be meetings “outside the sunshine,” which would violate the 5 Sunshine Law. The same applies to text messages, phone calls, or other 6 communication outside a noticed public meeting. 7 8 Attorney Cirullo also pointed out that a one-way communication is not a violation of the 9 Sunshine Law. He offered the example of a member sending their thoughts or 10 impressions of an agenda item to every other member of that advisory or governing 11 body: as long as no one responds, this is considered the same as the member having 12 sent a memorandum to others. Responses, however, are considered to be interactions. 13 14 Attorney Cirullo noted that a Board member may send an email to the Community 15 Development Services Director, the City Attorney, and/or to other members to share 16 their thoughts on a particular topic. He reiterated that it is acceptable to send an email of 17 this nature, but a violation of the Sunshine Law if another member replies to it. For this 18 reason, he advised that he discourages one-way communication, as it is difficult to 19 control another individual’s action. Should another member reply, the original sender of 20 that email is also in violation of the Sunshine Law. He recommended that any one-way 21 communications be sent only to the Community Development Services Director. 22 23 Vice Chair Molinet asked if an email sent from a Board member to the Community 24 Development Services Director can then be distributed to the full Board. Attorney Cirullo 25 confirmed that the Director may do so, and may also discuss the communication at the 26 meeting. He emphasized again, however, that one-way communication is best avoided. 27 28 Exceptions to the Sunshine Law do not apply to the Board, but may apply to 29 governmental bodies such as the City Commission: for example, there is a mechanism 30 by which the Commission may discuss pending litigation. This requires the presence of 31 a court reporter, and once the litigation is over, the transcript becomes public. This is 32 typically referred to as a “shade meeting,” as it is temporarily out of the sunshine. 33 34 Non-members of a board, such as the Community Development Services Director, may 35 not serve as liaisons between members. Members are expected to work out any 36 differences on issues when they are on the record, so the public is aware not only of the 37 Board’s final decision but how it was reached. 38 39 Members-elect of boards are also subject to the Sunshine Law. Once an individual has 40 been appointed to a board, regardless of whether or not they have been sworn in, they 41 are subject to this regulation in the same manner as already sworn members. 42 43 Attorney Cirullo noted that he is sometimes asked whether or not a member of a board 44 may speak to a member of the City Commission individually, or if a member of one Page 7 of 41  Wilton Manors – Planning & Zoning January 9, 2023 Page 5 1 board may speak individually with a member of another board. Both of these practices 2 are permitted, as the persons involved do not serve on the same collegial board. 3 4 In the event that two (or more) Commissioners or Board members may be close 5 personal friends, those individuals are not prohibited from traveling together, although 6 there can be a negative perception of socializing or traveling together. Attorney Cirullo 7 cautioned the members to be mindful of how others may perceive this relationship. It is 8 important for those individuals never to discuss Board business with one another. 9 10 Board Member Moses asked if a discussion between a Board member and a City 11 Commissioner on a quasi-judicial matter constitutes a Sunshine Law violation. Attorney 12 Cirullo clarified that while there is no Sunshine Law violation, there could be an issue 13 with due process. The conversation would need to be disclosed by either party as part 14 of the quasi-judicial process. 15 16 Attorney Cirullo next addressed public records, noting that the Board members receive 17 documents such as applications and backup materials from the City. All of these 18 materials are public records. Any documents generated by Board members in the 19 practice of their official duties are also considered public records, such as emails, 20 handwritten notes, texts, or other items provided to Staff that are relative to Board 21 business. Public records must be made or received pursuant to law or Ordinance in 22 connection with the transaction of official business. There is no “unfinished business” 23 exception to this regulation. 24 25 Attorney Cirullo continued that the City, like most governmental agencies, is subject to 26 public records law. Any records that may be found on a computer, such as emails, or on 27 a telephone, such as text messages, are public records. He emphasized that members 28 are responsible for keeping any official Board business sent to them and/or responded 29 to via email. Any official emails or responses to them should be copied to City Staff so a 30 public records request could access those messages through a City server. 31 32 If a member receives a voicemail or text from City Staff, such as a request for 33 confirmation of attendance at a Board meeting, this is considered a transitory message 34 and would become obsolete as soon as that meeting occurs. Should that message 35 include substantive content, such as an overview of the items to be addressed at that 36 meeting, the communication is no longer transitory and is now substantive. 37 38 Any individual may make a public records request, and that individual is not required to 39 state a reason for the request. A public records request is not required to be in writing. 40 The custodian of a request is typically the City Clerk. The request must be provided in 41 as expedient a manner as possible, although more comprehensive requests will take 42 more time to provide. Very few items are exempt from public records law, such as 43 personal phone numbers, addresses, and items related to the physical security of 44 buildings. This information would be redacted from the records. The burden is on the 45 City to understand what is or is not exempt. Page 8 of 41  Wilton Manors – Planning & Zoning January 9, 2023 Page 6 1 2 Attorney Cirullo moved on to ethics, noting that members are provided with copies of 3 Form 1, which Board members must fill out each year. There is the possibility that in the 4 future, volunteer advisory board members may be required to fill out the more 5 comprehensive forms required of City or County Commissioners or other elected 6 officials. 7 8 A Board member is only permitted to abstain from a vote if they, or certain relatives, 9 have a pecuniary interest in the outcome of a decision. This means the vote could 10 benefit the member or relative, typically in a monetary fashion. Any questions regarding 11 voting conflicts may be directed to the City Attorney or an Assistant City Attorney, who 12 may advise the member, although this is not the same as a safe harbor opinion. 13 14 If a member has a voting conflict, they are required to do two things: specifically 15 disclose the nature of their conflict when the item comes before the Board, and refrain 16 from participating in Board discussion of that item. Attorney Cirullo recommended that 17 once a conflict has been declared, that member should leave the dais. While this is not 18 a legal requirement, it is recommended due to the possibility that remaining on the dais 19 could be misperceived. The member must also fill out a written form providing an 20 explanation of the conflict and provide it to the City Clerk. The form becomes part of the 21 record for the item and is usually attached to the meeting minutes. 22 23 Board members may give or accept gifts in their official capacity in a very limited 24 manner. If a member receives a gift worth more than $100 from a non-relative, it must 25 be disclosed on a quarterly report, unless there is an exchange of gifts between the two 26 parties. 27 28 A Board member may not contract with the City while serving on the Board. If conflicts 29 recur, such as a member’s business being hired by the City as a consultant, the 30 member may no longer serve on the Board. This would also apply if a member accepts 31 a job with an existing City contractor or consultant who regularly works with or presents 32 to the Planning and Zoning Board. 33 34 Board Member Desautels asked if there is any potential Sunshine Law violation in 35 conversing with family, friends, or acquaintances. Attorney Cirullo replied that this would 36 only occur if the individuals with whom an issue is discussed also serve on the Board. 37 He cautioned that these individuals may not have similar discussions with other Board 38 members in which information could be passed along secondhand. 39 40 Board Member Desautels also asked if restrictions would exist if a member reaches out 41 to a developer to become more educated about a particular project. Attorney Cirullo 42 advised that while a member may meet with a developer or applicant, this contact must 43 be disclosed on the record when that application comes before the Board. A disclosure 44 removes any question regarding whether or not the contact may have affected the 45 member’s decision. Page 9 of 41  Wilton Manors – Planning & Zoning January 9, 2023 Page 7 1 2 Additional information was requested regarding discussion of a quasi-judicial item 3 between a Board member and a City Commissioner. Attorney Cirullo explained that this 4 could have an effect on due process in the event an applicant appealed a Board 5 decision. This would not be a Sunshine Law issue. Board members should also avoid 6 discussing Board business with one another even if they have made what they believed 7 to be a final decision, as an item could come back to the Board for an amendment or 8 further consideration. He recommended against any discussion of planning-related 9 issues with one another outside of official meetings. 10 11 Vice Chair Molinet commented that he does not typically meet with developers, as he 12 felt this could open both himself and the City to potential liability. Attorney Cirullo noted 13 that this is an individual choice: a member has the right to discuss projects with the 14 developers if they wish, but may not convey information directly or indirectly to or from 15 other Board members through a developer. 16 17 Vice Chair Molinet asked what might happen in the event a developer indicated they 18 wished to convey information. Attorney Cirullo stated that the member should leave the 19 discussion or meeting immediately. 20 21 VII. Staff Comments 22 23 None. 24 25 VIII. Board Comments 26 27 None. 28 29 IX. Adjournment 30 31 The meeting was adjourned at 8:02 p.m. 32 33 NEXT MEETING DATE: February 13, 2023 Page 10 of 41 COMMISSION AGENDA REPORT MEETING DATE: Monday, March 13, 2023 From: Roberta Moore, Community Development Services Director Prepared by: Evangeline Kalus, City Planner (a) Subject: Ordinance No. 2023-XX AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WILTON MANORS, FLORIDA, CONSIDERING THE REQUEST OF WILTON 26 STREET PROPERTY LLC TO VACATE PORTION OF NE 25 STREET; PROVIDING FOR PUBLICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. VAC 22-01 Property Location: 1402-1444 and 1456 NE 26 Street Property Owner: Wilton 26 Street Property LLC 41 Indian Creek Island Road Indian Creek Village, FL 33154 (b) City Manager Recommendation: (c) Report In Brief: A postponement is being requested for this Agenda Item (VAC 22-01) because the applicant was unable to meet the mailing notice requirements. The applicant requested that Vacation Application VAC 22-01 be rescheduled for the April 17, 2023 Planning and Zoning Board Meeting. See attached postponement memo. (d) Discussion: A postponement is being requested for an application to vacate a portion of the right of way for NE 25 Street between NE 13 Avenue and NE 15 Avenue adjacent to the property located at 1402-1444 and 1456 NE 26 Street for the project known as “RD Wilton Manors Residential – East”. The applicant for the above Agenda Item (VAC 22-01 ) was unable to meet the public notification requirements for mailing notices and has requested a postponement of this request. (e) Strategic Plan Consistency: Strategic Plan 2021-2026: Goal B – Promote Economic Development and Goal C – Enhance Quality of Life and Livability. (f) Concurrences: Site Plan Application SP 22-11 is being processed concurrently with this request. Page 11 of 41 (g) Fiscal Impact: (h) Alternatives: (i) Attachments: 1. Postponement Memo for Agenda Item VI(a) - Vacation 2. Postponement Correspondence from Applicant 3.3.23 Page 12 of 41 Page 13 of 41 From: Nectaria Chakas <nchakas@lochrielaw.com> Sent: Friday, March 3, 2023 8:50 AM To: Roberta Moore <RMoore@wiltonmanors.com> Cc: Linda C. Strutt (linda@struttconsulting.com) <linda@struttconsulting.com>; Kerry L. Ezrol <KEzrol@gorencherof.com>; Michael D. Cirullo, Jr. <MCirullo@gorencherof.com>; Faith Lombardo <flombardo@wiltonmanors.com>; Patricia Staples <Pstaples@wiltonmanors.com>; Evangeline Kalus <ekalus@wiltonmanors.com>; Jonathan Pascheles <jonathan.pascheles@relatedgroup.com>; jmelendez@relatedgroup.com Subject: Re: Related - Planning and Zoning Board - Request to postpone to April 10 PZB THIS IS AN EMAIL FROM AN OUTSIDE SENDER ! Do not reply to it, click any links, or open any attachments unless you recognize the sender's email address as legitimate and know the content is safe. If you have any concerns, call the Help Desk at 2179. Thank you. Nectaria M. Chakas, Esq. Direct: 954-779-1123 Sent from my iPhone On Mar 3, 2023, at 8:27 AM, Roberta Moore <RMoore@wiltonmanors.com> wrote: Good morning, Nectaria The City has received your email requesting a postponement of the vacation and site plan applications from the March 13, 2023 Planning and Zoning Board meeting to the April 17, 2023 Planning and Zoning Board meeting. We will draft a memo to the Planning and Zoning Board notifying them of the request. Roberta Roberta Moore Director of Community Development Services City of Wilton Manors 2020 Wilton Drive Wilton Manors, Florida 33305 (954) 390-2180 rmoore@wiltonmanors.com Our office hours are 7am – 6pm, Monday – Thursday Page 14 of 41 Please note: Florida Public Records Law provides that most written communications to or from municipal employees regarding City business are public records, available to the public and media upon request. Therefore, this e-mail message may be subject to public disclosure. From: Nectaria Chakas <nchakas@lochrielaw.com> Sent: Thursday, March 2, 2023 6:39 PM To: Evangeline Kalus <ekalus@wiltonmanors.com>; Roberta Moore <RMoore@wiltonmanors.com> Cc: jmelendez@relatedgroup.com; Jonathan Pascheles <jonathan.pascheles@relatedgroup.com>; Linda C. Strutt (linda@struttconsulting.com) <linda@struttconsulting.com> Subject: Related - Planning and Zoning Board - Request to postpone to April 10 PZB Importance: High THIS IS AN EMAIL FROM AN OUTSIDE SENDER ! Do not reply to it, click any links, or open any attachments unless you recognize the sender's email address as legitimate and know the content is safe. If you have any concerns, call the Help Desk at 2179. Evy/Roberta: Related would like to request a postpone its application from March to the April 10 PZB hearing. Linda Strutt so she does not send out the notices. We are sorry for any inconvenience. Nectaria M. Chakas, Esq. | LOCHRIE & CHAKAS, P.A. 1401 E. Broward Boulevard, Suite 303, Fort Lauderdale, FL 33301 Direct: 954-779-1123 E-Mail: NChakas@LochrieLaw.com Page 15 of 41 COMMISSION AGENDA REPORT MEETING DATE: Monday, March 13, 2023 From: Roberta Moore, Community Development Services Director Prepared by: Evangeline Kalus, City Planner (a) Subject: V 23-01 Property Location: 1806 NE 28 Street Property Owner: John Sinkevich and Herbert Roth 1806 NE 28 Street Wilton Manors, FL 33306 (b) City Manager Recommendation: (c) Report In Brief: Manny Bertolez, Contractor, representing property owners, John Sinkevich and Herbert Roth, requesting variance from Article 020-060 of the City’s Unified Land Development Regulations for minimum side yard setback for RS-5 (Single Family) zoning district from “minimum 7.5 feet” to “minimum of 6 feet” for the property located at 1806 NE 28 Street for an addition adjacent to the east property line of an existing single family. (d) Discussion: The applicant requests a variance of Article 020-060 of the City of Wilton Manors’ Unified Land Development Regulations (ULDRs) to allow a side yard setback of six (6) feet instead of seven point five (7.5) feet for a residential addition to add a master bedroom to an existing single-family home adjacent to the east property line at the rear of an existing single family home. The subject lot is a larger than standard-sized lot of 8,254 square, located directly adjacent to NE 28 Street and east of NE 18 Terrace. The variance request is for a difference of one point five (1.5) feet from what the code requires and what has been constructed. (e) Strategic Plan Consistency: Strategic Plan 2021-2026: Goal B – Promote Economic Development and Goal C – Enhance Quality of Life and Livability. (f) Concurrences: (g) Fiscal Impact: Page 16 of 41 (h) Alternatives: (i) Attachments: 1. Staff Report V 23-01 1806 NE 28 Street 3.13.23 FINAL 2. Variance Application V 23-01 3. 1807 NE 27 Drive Neighbor 4. 2733 NE 18 Terrace Neighbor 5. 1806 NE 28 Street Variance 3.13.23 Presentation (2) Page 17 of 41  WILTON MANORS, Island City 2020 WILTON DRIVE, WILTON MANORS, FLORIDA 33305 COMMUNITY DEVELOPMENT SERVICES (954) 390-2180 FAX: (954) 567-6069 MEETING DATE: March 13, 2023 TO: Planning and Zoning Board THRU: Roberta Moore, Community Development Services Director FROM: Evangeline G. Kalus, City Planner SUBJECT: V 23-01: Variance from Article 020-060 of the City’s Unified Land Development Regulations for minimum side yard setback for RS-5 (Single Family) zoning district from “minimum 7.5 feet” to “minimum of 6 feet” for the property located at 1806 NE 28 Street. LOCATION: 1806 NE 28 Street ZONING: Single-Family Residential (RS-5) LAND USE: Residential Low Density (R-LD) APPLICANT John Sinkevich and Herbert Roth /OWNER: 1806 NE 28 Street Wilton Manors, FL 33306 AGENT Manny Bertolez, Contractor Bertolez Construction Company 2883 Crestwood Terrace Margate, FL 33063 ATTACHMENTS: Application, Submittal Package and Attachment (correspondence from neighboring property owners to the east and rear) REQUEST The applicant requests a variance of Article 020-060 of the City of Wilton Manors’ Unified Land Development Regulations (ULDRs) to allow a side yard setback of six (6) feet instead of seven point five (7.5) feet for a residential addition to add a master bedroom to an existing single-family home. A final survey submitted during the building permit process indicates the addition adjacent to the east property line is located between six point eighteen (6.18) feet and six (6) feet from the side property line. According to the Broward County Property Appraiser’s website, the lot size is 8,254 square feet. The lot is directly adjacent to NE 28 Street and east of NE 18 Terrace. Page 18 of 41 V 23-01/ 1806 NE 28 Street March 13, 2023 Planning and Zoning Board Meeting Page 2 of 4 BACKGROUND On September 8, 2022, building permit WM22-000959 was issued for two (2) additions and an interior renovation to an existing single-family home to expand the existing television room and add a master bedroom. A spot survey was submitted on October 20, 2022 and was not approved by City Staff. The spot survey indicated that the addition adjacent to the east property line was between five point forty (5.40) feet and five point forty-three (5.43) feet from the side property line which is inconsistent with the required side yard setbacks per Article 020-060 of the City’s ULDRs which require a side yard setback of seven point five (7.5) feet. On December 15, 2022, a final survey was submitted and it was determined by City staff that the side yard setbacks of the master bedroom addition adjacent to the east property line were inconsistent with Article 020-060 of the City’s ULDRs. The final survey shows side yard setbacks for the new addition between six (6) feet and six point eighteen (6.18) feet. Article 020-060 of the City’s ULDRs requires a side yard setback of at least seven point five (7.5) feet. Therefore, the applicant is requesting a variance from Article 020-060 of the City’s Unified Land Development Regulations for minimum side yard setback for RS-5 (Single Family) zoning district from “minimum 7.5 feet” to “minimum of 6 feet”. LOCATION MAP GUIDELINES AND STANDARDS- Variances Section 120-030(A), Planning and Zoning Board review. (1) The PZB shall hold its public hearing and, after consideration of the staff recommendation and public input, if any, may deny, approve or approve with conditions the application for variance, based upon its determination that: Page 19 of 41 V 23-01/ 1806 NE 28 Street March 13, 2023 Planning and Zoning Board Meeting Page 3 of 4 a. There are special circumstances or conditions applying to the land or building for which the variance is sought, which circumstances or conditions are particular to such land or building and do not apply generally to land or buildings in the same district, and that said circumstances or conditions are such that the strict application of the provisions of this chapter would deprive the applicant of reasonable use of such land or building for which the variance is sought, and that alleged hardship is not self-created by any person having an interest in the property. On September 8, 2022, building permit WM22-000959 was issued for two (2) additions and an interior renovation to an existing single-family home to expand the existing television room and add a master bedroom adjacent to the east property line. The site plan submitted with the approved building permit indicated a proposed setback for the addition adjacent to the east property line to be seven point six seven (7.67) feet from the side property line which is consistent with Article 020-060 of the City’s ULDRs. On October 20, 2022, a spot was survey was submitted and was not approved by City Staff. Inspections continued without approval of the spot survey. The property owners’ contractor continued with construction. The spot survey indicated setbacks between five point forty (5.40) feet and five point forty-three (5.43) feet and were inconsistent with the required side yard setbacks per Article 020-60 of the City’s ULDRs. On December 15, 2022, a final survey was submitted and it was determined by City staff that the side yard setbacks of the master bedroom addition adjacent to the east property line were inconsistent with Article 020-060 of the City’s ULDRs. The final survey shows side yard setbacks for the new addition between six (6) feet and six point eighteen (6.18) feet. Article 020-060 of the City’s ULDRs requires a side yard setback of at least seven point five (7.5) feet. The site plan submitted indicated a proposed side yard setback at the east property line of seven point six seven (7.67) feet with the addition extending east towards the side property line by three point five (3.5) feet. There is no circumstance related to the land or building that are unique. The lot is 8,250 square feet which is larger than minimum lot size of 7,500 square feet required for lots in the RS-5 (Single Family) zoning district per Article 020-060 of the City’s ULDRs and the existing house before construction of the addition met setbacks. The hardship was created by the contractor which was hired by the property owners’ and therefore the hardship is self-created. b. The granting of the variance is necessary for the reasonable use of the land or building and that the variance as requested is the minimum variance that will accomplish this purpose. As constructed, the addition adjacent to the east property line has a setback that varies between six (6) feet and six point eighteen (6.18) feet. The variance request is for a variance of one point five (1.5) feet which is the difference between what Article 020-60 of the City’s ULDRs requires and what has been constructed based Page 20 of 41  V 23-01/ 1806 NE 28 Street March 13, 2023 Planning and Zoning Board Meeting Page 4 of 4 on the lesser of the two (2) setback dimensions of the addition. If the addition adjacent to the east property line had been constructed at the seven point six seven (7.67) foot setback as indicated on the site plan or at the minimum required setback of seven point five (7.5) as required by Article 020-060 of the City’s ULDRs, the property owners could have still had reasonable use of the addition. c. The granting the variance will be in harmony with the general purpose and intent of this Article and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. The granting of the variance will not be injurious to the neighborhood or detrimental to the public welfare. The addition is directly adjacent to the east property line. The property owner of the lot adjoining the east property line has no objection to the request. See attached correspondence. Variance Code Code Requirement Request Exception Recommendation Section Section 020-060; RS-5 To allow the side yard 1.5 feet Denial Residential district Side Yards setback to be reduced development (Minimum): 7.5 feet from 7.5 feet to 6 feet standards. for the addition adjacent to the east property line. PUBLIC NOTIFICATION Pursuant to Article 70 – Public Hearing Notification Procedures of the ULDR, notification for this application was provided by: • Property posted on March 2, 2023 • Advertisement in the Sun-Sentinel news publication on March 1, 2023. • Certification of mailing to properties within 300 feet of the subject property on March 3, 2023. RECOMMENDATION Based on the criteria set forth in the City of Wilton Manors Unified Land Development Regulations (ULDR), the Community Development Services Department recommends denial of Variance Application V 23-01 for the property located at 1806 NE 26 Street because the hardship was created by the contractor which was hired by the property owners’ and therefore the hardship is self-created and if the addition had been constructed consistent with the site plan, the property owners could had reasonable use of the addition. Page 21 of 41  Received 2.2.23 V 23-01 Page 22 of 41 Page 23 of 41 Page 24 of 41 Page 25 of 41 Final Survey for WM 22-00959 Addition subject of V 23-01 Page 26 of 41 Page 27 of 41 Page 28 of 41 Variance Application: V 23-01 for 1806 NE 28 Street March 13, 2023 Planning and Zoning Board Meeting 1 Page 29 of 41 Requests • Variance from Article 020-060 of the City’s Unified Land Development Regulations for minimum side yard setback adjacent to east property line for RS-5 (Single Family) zoning district from “minimum 7.5 feet” to “minimum of 6 feet” for the property located at 1806 NE 28 Street. • Variance request for addition built not to required side yard setbacks. Page 30 of 41 Background • On September 8, 2022, building permit WM22-000959 was issued for two (2) additions and an interior renovation to an existing single-family home to expand the existing television room and addition of a master bedroom. • On December 15, 2022, a final survey was submitted and it was determined by City staff that the side yard setbacks of the master bedroom addition adjacent to the east property line was inconsistent with Article 020-060 of the City’s ULDRs. • The final survey shows side yard setbacks for the new addition of between six point eighteen (6.18) feet and six (6) feet. • Article 020-060 of the City’s ULDRs requires a side yard setback of at least seven point five (7.5) feet. Page 31 of 41 Location Map Page 32 of 41 Article 120 : Variances • The granting of the variance request is based on the satisfaction of the following criteria: a. There are special circumstances or conditions applying to the land or building for which the variance is sought, which circumstances or conditions are peculiar to such land or building and do not apply generally to land or buildings in the same district, and that said circumstances or conditions are such that the strict application of the provisions of this chapter would deprive the applicant of reasonable use of such land or building for which the variance is sought, and that alleged hardship is not self-created by any person having an interest in the property. b. The granting of the variance is necessary for the reasonable use of the land or building and that the variance as requested is the minimum variance that will accomplish this purpose. c. The granting of the variance will be in harmony with the general purpose and intent of this Article and will not be injurious to the neighborhood or otherwise detrimental to the public welfare. Page 33 of 41 Article 120 : Variances Code Code Request Exception Section Requirement Section 020- RS-5 To allow the side 1.5 feet 060; Residential Side Yards yard setback to be district (Minimum): 7.5 reduced from 7.5 development feet feet to 6 feet for standards. the addition adjacent to the east property line. Page 34 of 41 Recommendation Based on the criteria set forth in the City of Wilton Manors Unified Land Development Regulations (ULDR), the Community Development Services Department recommends denial of Variance Application V 23-01 for the property located at 1806 NE 26 Street because the hardship was created by the contractor which was hired by the property owners’ and therefore the hardship is self-created and if the addition had been constructed consistent with the site plan, the property owners could had reasonable use of the addition. Page 35 of 41 Questions THANK YOU FOR YOUR SERVICE TO THE ISLAND CITY Page 36 of 41 COMMISSION AGENDA REPORT MEETING DATE: Monday, March 13, 2023 From: Roberta Moore, Community Development Services Director Prepared by: Evangeline Kalus, City Planner (a) Subject: SP 22-11 Property Location: 1402-1444 and 1456 NE 26 Street Property Owner: Wilton 26 Street Property LLC 41 Indian Creek Island Road Indian Creek Village, FL 33154 (b) City Manager Recommendation: (c) Report In Brief: A postponement is being requested for this Agenda Item (SP 22-11) because the applicant was unable to meet the mailing notice requirements. The applicant requested that SP 22-11 be rescheduled for the April 17, 2023 Planning and Zoning Board Meeting. See attached postponement memo. (d) Discussion: A postponement is being requested for a site plan application including the allocation of flexibility units for 266 multi-family units and 7,800 square feet of commercial use for the project known as “RD Wilton Manors Residential – East” to be located at 1402-1444 and 1456 NE 26 Street. The applicant for the above Agenda Item (SP 22-11 ) was unable to meet the public notification requirements for mailing notices and has requested a postponement of this request. (e) Strategic Plan Consistency: Strategic Plan 2021-2026: Goal B – Promote Economic Development and Goal C – Enhance Quality of Life and Livability. (f) Concurrences: Vacation Application VAC 22-01 is being processed concurrently with this request. (g) Fiscal Impact: (h) Alternatives: Page 37 of 41 (i) Attachments: 1. Postponement Memo for Agenda Item VII - Site Plan 2. Postponement Correspondence from Applicant 3.3.23 Page 38 of 41 Page 39 of 41 From: Nectaria Chakas <nchakas@lochrielaw.com> Sent: Friday, March 3, 2023 8:50 AM To: Roberta Moore <RMoore@wiltonmanors.com> Cc: Linda C. Strutt (linda@struttconsulting.com) <linda@struttconsulting.com>; Kerry L. Ezrol <KEzrol@gorencherof.com>; Michael D. Cirullo, Jr. <MCirullo@gorencherof.com>; Faith Lombardo <flombardo@wiltonmanors.com>; Patricia Staples <Pstaples@wiltonmanors.com>; Evangeline Kalus <ekalus@wiltonmanors.com>; Jonathan Pascheles <jonathan.pascheles@relatedgroup.com>; jmelendez@relatedgroup.com Subject: Re: Related - Planning and Zoning Board - Request to postpone to April 10 PZB THIS IS AN EMAIL FROM AN OUTSIDE SENDER ! Do not reply to it, click any links, or open any attachments unless you recognize the sender's email address as legitimate and know the content is safe. If you have any concerns, call the Help Desk at 2179. Thank you. Nectaria M. Chakas, Esq. Direct: 954-779-1123 Sent from my iPhone On Mar 3, 2023, at 8:27 AM, Roberta Moore <RMoore@wiltonmanors.com> wrote: Good morning, Nectaria The City has received your email requesting a postponement of the vacation and site plan applications from the March 13, 2023 Planning and Zoning Board meeting to the April 17, 2023 Planning and Zoning Board meeting. We will draft a memo to the Planning and Zoning Board notifying them of the request. Roberta Roberta Moore Director of Community Development Services City of Wilton Manors 2020 Wilton Drive Wilton Manors, Florida 33305 (954) 390-2180 rmoore@wiltonmanors.com Our office hours are 7am – 6pm, Monday – Thursday Page 40 of 41 Please note: Florida Public Records Law provides that most written communications to or from municipal employees regarding City business are public records, available to the public and media upon request. Therefore, this e-mail message may be subject to public disclosure. From: Nectaria Chakas <nchakas@lochrielaw.com> Sent: Thursday, March 2, 2023 6:39 PM To: Evangeline Kalus <ekalus@wiltonmanors.com>; Roberta Moore <RMoore@wiltonmanors.com> Cc: jmelendez@relatedgroup.com; Jonathan Pascheles <jonathan.pascheles@relatedgroup.com>; Linda C. Strutt (linda@struttconsulting.com) <linda@struttconsulting.com> Subject: Related - Planning and Zoning Board - Request to postpone to April 10 PZB Importance: High THIS IS AN EMAIL FROM AN OUTSIDE SENDER ! Do not reply to it, click any links, or open any attachments unless you recognize the sender's email address as legitimate and know the content is safe. If you have any concerns, call the Help Desk at 2179. Evy/Roberta: Related would like to request a postpone its application from March to the April 10 PZB hearing. Linda Strutt so she does not send out the notices. We are sorry for any inconvenience. Nectaria M. Chakas, Esq. | LOCHRIE & CHAKAS, P.A. 1401 E. Broward Boulevard, Suite 303, Fort Lauderdale, FL 33301 Direct: 954-779-1123 E-Mail: NChakas@LochrieLaw.com Page 41 of 41