VARIANCE PUBLIC HEARING SUBMISSION REQUIREMENTS FOR COMPLETENESS REVIEW

Building and Development Services Department 1112 Manatee Ave West, Suite 408 Bradenton, FL 34205 Phone: (941) 749 3070 www.mymanatee.org A 10 VARIANCE PUBLIC HEARING SUBMISSION REQUIREMENTS FOR COMPLETENESS REVIEW Applications for Variances that require a Public Hearing shall include the following: Completed Affidavit of Ownership / Agent Authorization (Form B 2) Historic Preservation Certificate of Appropriateness (if applicable) (copy of approval or copy of application) Application fee payment Demonstration of Hardship letter prepared by applicant/agent

Building and Development Services Department 1112 Manatee Ave West, Suite 408 Bradenton, FL 34205 Phone: (941) 749-3012 ManateeBADSOnline@mymanatee.org www.mymanatee.org Planning: Variance Instructions Before you begin: 1. Collect the following documents electronically. You will be required to attach them to your submission. Affidavit of Ownership/Agent Authorization Boundary Survey Demonstration of Hardship Original Legal Description The following documents may be required based on the applications details in Step 2: Corporate Ownership Articles of Incorporation 1. Gather the name, mailing address, phone number and email address for all professionals. You will be required to enter this information for applicant, agent and engineer during the application process. 2. Complete Variance application information worksheet. 3. Be prepared to pay the fees indicated in the Manatee County Fees schedules. All fees required at the time of application submission must be paid in order for an application to be accepted. Online payment may be by credit card or echeck. Steps to submit application: (Please see the ONLINE SERVICES user guide for instructions including screen shots or view the elearning/youtube videos) A. If you have not already done so, register an account with Manatee County Government Online Services. B. Log on to Manatee County Government Online Services: https://aca3.accela.com/manatee/ C. Select Planning. Acknowledge the disclaimer by checking the box, and click the Continue Application button. D. Then, select Variance from the list of planning application options and click the Continue Application button. E. Complete the Variance application steps: 1. Step 1: Location & People > Location Information: This is the location/address where the project is to be performed. All of the information about the property is retrieved from Manatee County Geographic Information System (GIS). a. To retrieve the Address, Parcel and Owner information of the property, input the parcel number followed by %. You may also search with the parcel address by inputting the address information such as Street No., Street Name (if street is a number, include st, rd, th, or % after number), etc. b.. c. Click the Search button and all the parcel, address and owner information will be retrieved. d. Click to Continue Application button to move to the Location & People > Contact Information section. e. Applicant- This information can be auto filled by clicking the Select from Account button and choosing from the information saved in your account. Otherwise, click the Add New button, and input the name, mailing address, phone number and email address. f. If appropriate for your application, add this information for the Agent, Engineer and Landscape Architect. Then, click the Continue Application button. Manatee County Government ONLINE SERVICES User Guide Accela, Inc. 2017 Update: 2-27-2018

Planning: Variance Instructions Page: 2 2. Step 2: Application Details > Information a. Complete all the application details in this section. Note: Any items noted with a red * are required to be complete for an application to be submitted. Although there is no red *, at least one box must be checked for each Zone. b. When all the application details have been included, click the Continue Application button. c. Application Details > Attach Documents. You must attach all the documents required in the Before you begin section of these instructions. You may be required to attach any or all of the may be required documents from the section. d. To attach documents, click the Add button and follow the instructions (similar to the attachment process for an email. (For a detailed tutorial, please see the ONLINE SERVICES user guide for instructions including screen shots or view the elearning/youtube videos). Note: Once the documents are uploaded, you will need to select the document Type from the dropdown menu. All uploads need to be saved as pdf files and separated by type: permit application, drawings /specifications, and other correspondence. All drawings must be pdf. DO NOT UPLOAD ONE FILE WITH ALL DOCUMENTS or UPLOAD SEPARATE FILES FOR EACH INDIVIDUAL SHEET. Digitally signed plan sets for each design professional (architecture, structural, electrical, etc.) shall be contained in one electronic file. File names should match the documents named in the Before you begin section of these instructions. e. Click the Save button, and all documents will be attached to your application. Then, click the Continue Application button. 3. Step 3: Review Review the data for your application and click the box at the bottom of the page signifying By checking this box, I agree to the above certification. And, click the Continue Application button. 4. Step 4: Pay Fees a. Review your fees and click the Check Out button. b. Pay Fees > Step 1: Select item to pay If you are ready to pay, click the Check Out button. If you need to submit another application before paying fees, click the Continue Shopping button (this button will take you back to the home screen). c. Pay Fees > Step 2: Payment information Choose your desired payment method (credit card or Bank account/echeck) and input the required data. When all data has been input, click the Submit Payment button. 5. Once the payment has been electronically processed, the completion will show on your screen with the Record number related to your application. This is the number you will use to find, review and update (if needed) your application. Thank you for using Manatee County Government Online Services to submit your application. Manatee County Government ONLINE SERVICES User Guide Accela, Inc. 2017 Update: 2-27-2018

Planning: Variance Instructions Page: 3 Variance Application Information Worksheet Detail Information 1. Project Name 2. Project Description Project Information 1. *Type of Development: Select - Commercial or Residential 2. *Type of Variance: Select- Administrative, Easement, Flood or Public Hearing 3. *Total Project Area (Acres or Sq. Ft) 4. Project Number 5. Original/Related Case Number: 6. *Is Owner a Corporation or Trust? Yes / No 7. *Was there a Pre-Application Meeting? Yes / No 8. If yes on #27, Pre-Application Meeting Number 9. Lot Area 10. Front Setback Existing 11. Front Setback Proposed 12. Rear Setback Existing 13. Rear Setback Proposed 14. Side1 Setback Existing 15. Side1 Setback Proposed 16. Side2 Setback Existing 17. Side2 Setback Proposed Location Information 18. Does this property have historic designation? Yes / No 19. If yes, provide historic designation information: 20. Site Description 21. *Existing Land Use (This Parcel) -Check one: Residential, Commercial, Industrial, Vacant, Other 22. *Adjacent Land Use North -Check one: Residential, Commercial, Industrial, Vacant, Other 23. * Adjacent Land Use East -Check one: Residential, Commercial, Industrial, Vacant, Other 24. * Adjacent Land Use South -Check one: Residential, Commercial, Industrial, Vacant, Other 25. * Adjacent Land Use West -Check one: Residential, Commercial, Industrial, Vacant, Other 26. *Zoning (This Parcel) - Check at least one: See Zoning Options List 27. * Zoning North- Check at least one: See Zoning Options List 28. * Zoning East- Check at least one: See Zoning Options List 29. * Zoning South- Check at least one: See Zoning Options List 30. * Zoning West -Check at least one: See Zoning Options List 31. * Future Land Use (This Parcel) -Check at least one: See Future Land Use Options List 32. * Future Land Use North -Check at least one: See Future Land Use Options List 33. * Future Land Use East- Check at least one: See Future Land Use Options List 34. * Future Land Use- Check at least one: See Future Land Use Options List Manatee County Government ONLINE SERVICES User Guide Accela, Inc. 2017 Update: 2-27-2018

Planning: Variance Instructions Page: 4 35. * Future Land Use -Check at least one: See Future Land Use Options List Zoning Options List: CON A A-1 RSF-1 RSF-2 RSF-3 RSF-4.5 RSF-6 RSMH-4.5 RSMH-6 RDD-3 RDD-4.5 RDD.6 RMF-6 RMF-9 VIL PR-S PR-M NC-S NC-M GC HC CRV LM HM EX PDR PDMH PDO PDC PDRP PDI PDW PDPI PDMU PDRV PDUI PDPM PDGC PDA MP-1 RBP PDEZ Future Land Use Options List: AG/R AT CIB ER IH IL IU MU MU-C OL OM P/SP(1) P/SP(2) R-OS RES-1 RES-12 RES-16 RES-3 RES-6 RES-9 ROR UF-3 *This information must be complete for your application to be accepted. Manatee County Government ONLINE SERVICES User Guide Accela, Inc. 2017 Update: 2-27-2018

Section 367. Variances. 367.1. Purpose and Scope. The purpose of a variance is to provide limited relief from the requirements of this Code in those cases where strict application of those requirements will create a practical difficulty or unnecessary hardship, or where the requirements of this Code render the land difficult to use because of some rare and unique physical attribute of the property itself or some other factor unique to the property for which the variance is requested. Floodplain elevation variances are addressed in Section 802, Floodplain Management. 367.2. Limitations on Granting of Variances. Variances may be granted for no other purpose than to allow a single lot or parcel to depart from the dimensional regulations of this Code that restrict the following matters: A. Minimum floor area per dwelling units; B. Required yards, buffers, or setbacks; C. Maximum lot coverage; D. Maximum heights; and E. Errors of encroachments. 367.3. Prohibitions. Even if a requested variance complies with the requirements of this Section, such variance shall not be granted if such variance: A. Allows the expansion or establishment of a use in a zone or district in which such use is not permitted by this Code; B. Permits the establishment or expansion of a Special Permit or Administrative Permit use without the required approvals; C.

Relates in any way to a nonconforming use, except to the extent such use has been approved pursuant to this Code; D. Purports to modify any definitions set forth in Chapter 2, Definitions; E. Results in an increase in density above that permitted in the applicable zoning district regulations; F. Will be inconsistent with the Manatee County Comprehensive Plan; or G. Results in approval of any action which would violate any floodplain management provision of Manatee County; any floodplain management provision of the National Flood Insurance Program; and/or any floodplain management provision of the Community Rating System Program. 367.4. Certificate of Appropriateness. Any proposed work in any historical overlay district established pursuant to this Code must first be granted a Certificate of Appropriateness by the Manatee County Historic Preservation Board in accordance with the requirements of this Chapter. 367.5. Review Procedures. A. Application. All applications for variances shall be reviewed and processed for completeness and sufficiency. Within a reasonable time after receipt of the sufficiency review comments, the Department Director shall deliver to the Hearing Officer a copy of the application and a written report summarizing the facts of the case including all relevant documents and incorporating or summarizing the comments from the appropriate reviewing departments and agencies, and schedule a date for a public hearing. B. Review. 1. Upon receiving the report from the Department Director, the Hearing Officer shall hold at least one (1) public hearing on the proposed variance. Notice of the public hearing shall be provided and the public hearing shall be conducted in accordance with this Chapter. 2. The Hearing Officer shall review the application, the report of the Department Director, and the evidence presented and shall issue a variance only if it is found that all the standards set forth in this section have been satisfied.

3. The Hearing Officer may impose such conditions and restrictions upon the variance as may be necessary to comply with the requirements of this section and the comprehensive plan, and to prevent or minimize adverse effects on other property in the neighborhood. Such conditions may include, but shall not be limited to: limitations on size, bulk and location; requirements for landscaping, signage, outdoor lighting, and the provision of adequate ingress and egress; hours of operation; and the mitigation of environmental impacts. Such conditions may also include limitations on the duration of a variance. 367.6. Review Criteria. All variances shall comply with the following criteria: A. The particular physical surroundings, shape, topographical condition, or other physical or environmental condition of the specific property involved would result in a particular hardship upon the owner, as distinguished from a mere inconvenience, if the strict letter of the regulations were carried out; B. The conditions upon which the request for a variance is based are unique to the parcel and would not be applicable, generally, to other property within the vicinity; C. The variance is not based on any conditions, including financial, occupational, or ability, which are personal to the applicant as applied to the property involved in the application; D. The alleged hardship has not been created by any person presently having an interest in the property or was created as a result of a bona fide error; E. The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity; F. The proposed variance will not substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety; G. The variance granted is the minimum variance that will make possible the reasonable use of the property; and H. The property cannot be put to a reasonable use which complies fully with the requirements of the Code unless the variance is granted.

I. Alternatively, a variance may be issued to correct a bona fide staff error that has been made and has led to construction that does not comply with the Code. 367.7. Effect of Approval. The granting of a variance authorizes the applicant to proceed with any additional applications for development approval, certificates of occupancy, and other permits which the County may require for any proposed development of the property.

MANATEE COUNTY GOVERNMENT BUILDING AND DEVELOPMENT SERVICES DEPARTMENT B 2 Affidavit of Ownership/Agent Authorization Affidavit Property Owner (Company or Individual) (Print): Mailing Address (Print): Officer s Name and Title (Print): Being first duly sworn, depose(s) and say(s): 1. That I am (we are) the owner s and record title holder(s) of the following described property legal description, to wit: 2. That this property constitutes the property for which a request for: (Type of Application Approval Requested) being applied for to Manatee County, Florida; 3. That the undersigned has (have) appointed and does (do) appoint agent(s) to execute any petitions or other documents necessary to affect such petition; and request that you accept my agent(s) signature as representing my agreement of all terms and conditions of the approval process; 4. That this affidavit has been executed to induce Manatee County, Florida to consider and act on the foregoing request; 5. That I, (we) the undersigned authority, hereby certify that the foregoing is true and correct. / Owner s Signature/Print Title / Owner s Signature/Print Title STATE OF FLORIDA COUNTY OF MANATEE The foregoing instrument was acknowledged before me this who has produced (Name of person acknowledging) (Type of identification) who is (Date) as identification. by personally known to me or is as Signature of Notary Public State of Florida (Print, Type or Stamp Commissioned Name Of Notary Public to the Left of Signature) B 2 Affidavit of Ownership/Agent Authorization Affidavit Rev. 3/22/16