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CITY OF ST. CLOUD

BOARD OF ADJUSTMENT

MINUTES

 January 9, 2008

 

 

CALL TO ORDER:                          6:30 P.M.

 

LOCATION:                                      ST. CLOUD COUNCIL CHAMBERS

                                                            1300 NINTH STREET, 3RD FLOOR

 

PLEDGE OF ALLEGIANCE

 

ROLL CALL:                                    Kimberly Paulson       (Chair)            EA

                                                            Carl Beigel                                         P

                                                            Pete Placencia            (Vice)              P

                                                            William Spinola                                  EA                  

                                                            Robert Paulsen          (Alt)                 P

                                                            Jeffry Krotts              (Alt)                 P

                                                                                   

STAFF MEMBERS:                         Dave Nearing, Senior Planner;

                                                            Jonathan Kutche, Planner;

                                                            Jack Morgeson, City Attorney;

                                                            Kimberly Davies, Planning and Zoning Tech

 

APPROVAL OF MINUTES:            October 10, 2007

 

Mr. Beigel made a motion to approve the minutes of October 10, 2007 as written.

 

Mr. Paulsen seconded the motion.

 

The motion was approved 4-0 with all members voting “Aye”.

 

NEW BUSINESS:

           

            (a) CASE NUMBER:            2008-01

                 APPLICANT:                    Martin DeBord

                 OWNER:                           Martin DeBord

                 ADDRESS:                       1414 13th Street

 

VARIANCE PETITION DETAILS: Applicant is requesting a variance to the requirements of the Land Development Code, Table III-6, to allow reduce the side street setback.

 

Jonathan Kutche presented the case to board.

 

Jeffrey Ball of Osceola Ind. Engineering was present on behalf of the applicant.  He stated he would like to reserve the right to continue the case if there are questions he could not answer.

 

Mr. Placencia stated the case either needs to move forward now, or be continued.

 

Mr. Morgeson stated there is a memo with 6 criteria and the applicant’s summation to the staff.

 

Nathan Cross stated he is the General Contractor for the project.  He stated the porch is tied into the house.

 

Mr. Placencia asked what type of business will be there.

 

Nathan will be a truck accessory store, and the porch will be enclosed to be part of the structure itself.

 

Mr. Beigel asked if a screened in porch is allowed.

 

Mr. Kutche stated it would be allowed since it is not encroaching any more.

 

Mr. Cross stated it will be part of the home foundation.

 

Mr. Nearing stated that because of the construction, it is considered part of the structure. 

 

Mr. Placencia stated the memo indicates some structure will be torn down.

 

Mr. Ball indicated that some old sheds will be torn down as well as the barber shop. 

 

Martin DeBord stated the business will not be an exacting competitor.  The new business will be more metal and lift type and the other business is more electronic.

 

There was a clarification and discussion about the porch being a permanent structure.

 

Mr. Paulsen stated the survey indicates the porch is 7 feet, and the request is for only 5 feet.

 

Mr. Ball stated it will only be encroaching 5 feet.

 

Mr. Paulsen made a motion to approve the variance of 5 feet for the side street setback.  All 6-criteria have been met.

 

Mr. Beigel seconded the motion.

 

The motion was approved 4-0 with all members voting “Aye”.

 

 

(b) CASE NUMBER:            2008-02

                 APPLICANT:                    Douglas Berghorn

                 OWNER:                           Douglas Berghorn

                 ADDRESS:                       439 Virginia Avenue

 

VARIANCE PETITION DETAILS: Applicant is requesting a variance to the requirements of the Land Development Code, Table III-4, to reduce the side yard setback.

 

Dave Nearing presented the case to the board and a brief history.

 

John Davis of Davis Partners Architects is present to represent the applicant who is out of town on business.

 

Mr. Beigel asked if the applicant was starting construction before approval.

 

Mr. Davis stated no, he is building a shed and killing the grass where it would be.

 

Mr. Krotts stated it encroaches 1.5 feet, and wondered if 1 foot will be adequate.

 

Mr. Nearing stated he is recommending 1.5 feet and that the addition not encroach any further.

 

Mr. Beigel asked if the addition will this be permanent.

 

Mr. Davis stated yes.  It will include an addition to the master bedroom and the living room areas.

 

There was discussion about the house and the requested setback.

 

Mr. Beigel made a motion to approve the variance of 1.1 feet for the side street setback.  All 6-criteria have been met.  With the condition as indicated in staff’s memo:  In no case shall any portion of the addition be permitted to encroach further into the side setback than the existing residence.

 

Mr. Paulsen seconded the motion.

 

The motion was approved 4-0 with all members voting “Aye”.

 

ADJOURNMENT

 

Mr. Beigel made a motion to adjourn the meeting.

 

Mr. Paulsen seconded the motion.

 

The motion was approved 4-0 with all members voting “Aye”

 

The meeting was adjourned at 6:52p.m.

 

If a person decides to appeal any decision made by the Committee/Board, with respect to any matter considered at such hearing/meeting, such person will need a record of the proceedings and that, for this purpose, such person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony evidence upon which the appeal is to be based, and which record is not provided by the City of St. Cloud. (FS 286.0105)

 

In accordance with the American with Disabilities Act, persons needing assistance to participate in any of these proceedings should contact the Secretary/Clerk of the Committee/Board (listed below), prior to the meeting. (FS 296.26)

 

Sherry Taylor, Secretary                     City of St. Cloud

Board of Adjustment                           1300 Ninth Street

(407) 957-7203                                       St. Cloud, FL  34769