Planning Commission - Regular Meeting

All right, mics are live. I'll call the meeting to order. Can I have a roll call, please?

Here. Congratulations. We all made it first time in a while. Okay, we have a set of minutes from the June 2nd 2026 regular meeting and do I have a motion, please.

I move as to prove the minutes as submitted.

We have a motion to approve by Mister Jasper to have a second Mister chairman has 2nd of ocean and a second by Mister Hale. Any further discussion. Seeing none all in favor say aye aye all opposed the same. And the motion passes. Do we have anyone signed up for general audience participation?

Okay, thank you. That brings us to our first public hearing. Variance petition number 26-20VZ, 201, the Esplanade. The staff is Brittany Smith. The agent is Jackson Boone. The owner is Edward Hines. This is a quasi-judicial hearing. I do have a memorandum to read. This is to certify that the public hearing for this petition was appropriately advertised on June 20th, 2026, as required by the city of Venice land development code. Proof of publication is on file in the planning and zoning office. And with that, I'll open the public hearing. And could I have the attorney question the board, please

Okay. And you'll confirm that all the speaker cards have been signed. Okay. And with that, we have Brittany. Welcome.

Thank you, sir. We have questions for Mr. Bowen. Mr. Hale.

Just following up on Mr. Hale because I had similar thoughts. There's two of our criteria that we have as decision criteria. One is it can't be a mere inconvenience and I'm looking at how this is a true hardship and the other one is it can't be a problem of the Petitioners own making and as was just alluded to The building of the house as it was designed created the problem in a sense, you know, I mean, so How do we how do you answer that where we get around that criteria?

Thank you. The vegetation that is impacting the visibility today is that city of Venice vegetation or is that the homeowners vegetation?

So one solution would be the city should maintain that to avoid any potential visibility problems.

Anything else? No. Seeing none. Thank you, Mr. Boone. Thank you. Do we have anyone signed up for audience participation?

All right. Anything else you wish to say? All right. We're good there. With that, I'll close the public hearing. And do I have a motion?

Based on review of the application materials, the staff report and testimony, and evidence provided during the public hearing, the Planning Commission, sitting as a local planning agency, finds this petition corrects a bona fide staff error that led to a design or construction that does not comply with the LDRs and therefore moves to approve variance petition number 26-20VZ.

Mr. Clark, can you have a clarification for us, please?

Staff error can refer to city or county, if I understand it correctly, and that's how I'm interpreting it. As though the county made this error some decades ago.

So it should not have been an option for us then.

Could we modify that to say to correct an error, not necessarily from our staff, but to correct a mapping error or whatever? I mean, I see what she's saying. She's looking at what happened years ago. We don't know why it happened. That's a pretty critical jog in this proceeding, so I understand where she's coming from. How do we get around that?

How about if I amend my motion? OK. All right. And in order to clarify it, let me just from scratch from read it again. Based on review of the application materials, the staff report and testimony and evidence provided during the public hearing, the Planning Commission sitting as a local planning agency finds this petition meets each of the variance criteria. Section one point one three point three of the land development code. And therefore moves to approve Variance petition number 26-20BZ.

We have a motion to approve. Ms. Shulberg, do I have a second? Second. We have a second from Mr. McKeon. Do we have a motion and a second? Is there any further discussion?

Seeing none, can we have a vote, please? Okay, and the motion carries unanimously. Thank you okay next up we have variance petition number 26 days, 23 the Z for 1200 drive the staff is the cold from late the agent is Jackson moon, the owner is just in gender. This is a quasi judicial hearing and I do have a rent a memorandum to read. This is to certify that the public hearing for this petition was appropriately advertised on June 20th, 2026, as required by the City of Venice Land Development Code. Proof of publication is on file in the Planning and Zoning Office. And could I have the attorney

Okay, thank you. And you'll confirm speakers are all signed up. And with that, Nicole.

I have a question, though, and it's really a matter of the process, so to speak, and I may need some help from council on this, but I understand that this property and this fence in particular is before the magistrate right now and has been since about March of this year. So since March, the property owner has been alerted that they have built a fence without permission, Um, and I understand now it's not even on their property. So can you explain whether or not this request today before the planning commission is appropriate, given that this is also a case before the city's magistrate.

Okay. So this is with the magistrate's understanding and direction that this is the appropriate process to follow? Yes. Okay. Thank you. Thank you.

Any others? I just, just to kind of qualify again, some of what Ms. Shearberg brought up. When they say the previous fence, this is not a fence that's been out there for 40 years like we quite often see. We've had other things come before us where there's been existing situations, walls and so forth that have been there for years. This has been something that was put up relatively recently.

So it's not something long established that's been there since, you know, their grandfathering in, if you will. This is something that was new and was done without being permitted. Yeah. Okay. Thank you. Any other questions for or no? Thank you Nicole.

Questions for Mr. Boone? Yes, Ms. Sherbert.

Thank you. Could you go back to your slide five? That is where you're showing the walkway and the wall. Yeah. the walkway for the condos does that take them out to the beach the walkway on the right yes all right so the walkway on the right takes them out to the beach what we see on the left is a wall how high is that wall that that i do not know i could guess i would say it's it has to be anywhere from 12 to at least 18 inches plus So people are walking on that wall. It's what it sounded like.

And so the intent is to place a fence at the end of the condo's wall

Anything else? No. Thank you, Mr. Boone. Do we have audience participation for this one?

I say we just listen. We don't interact with you. But I have some follow-up questions. Thank you for your comments.

Okay, thank you. Do we have it? Is that it?

Okay, thank you. I was going to have a few additional staff questions. Should we do that first? Yes. Sir, you want to wait just a moment? I have some additional staff comments I want to have. Roger? A couple of things I just want to need clarification on. Do we have control over on somebody's property where they sod and where they don't? Is that something that has to get permitted?

So if it's someone's property, we can't tell them they can't put sod down.

Also, we've heard about this wall. I'm confused now as to whose I understood that that property belonged to the condominium, so is the condominium telling the public that, yes, you can come walk along the top of our wall, or did they put a fence up on the end of it to say, no, we don't want you to do that?

yes yes jasper roger as you and i think you clarified it by saying structure when we're talking about the sod but how about basically in lieu of a fence if you have like a four foot high shrubbery barrier hedge is that covered uh as a variance or is that permitted

Okay, thank you. Okay, and some rebuttal. Good afternoon, Council.

Thank you. With that I will close the public hearing and then do I hear a motion.

I have a motion by Mr. McCain to approve. Do I have a second? Mister chairman second is to have a second by Mister Hale any further discussion. Seeing none can have a vote please. And the motion passes unanimously. I knew it would be an interesting one to take. Did I just hear a bird?

um beyond that i have nothing left i would just say just enjoy your break and we'll see y'all when you get back august 4th is the next meeting no 18th august 18th 18th yep thank you okay anything else any questions for roger any comments by any commissioners no seeing none we'll see you august 18th all right we're adjourned