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CITY OF ST. CLOUD

BOARD OF ADJUSTMENT

MINUTES

 March 12, 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)           

                                                            Carl Beigel                                                    

                                                            Pete Placencia            (Vice)             

                                                            William Spinola                                                         

                                                            Robert Paulsen          (Alt)

                                                            Jeffry Krotts              (Alt)                

                                                                                               

STAFF MEMBERS:                         Dennis Ragsdale, Director of Planning & Zoning

                                                            Jack Morgeson, City Attorney

                                                            Kimberly Davies, Planning Technician

 

APPROVAL OF MINUTES:            January  9, 2008

 

Mr. Spinola made a motion to approve the minutes of January 9, 2008 as written.

 

Mr. Placencia seconded the motion.

 

The motion was approved 5-0 with all members voting “Aye”.

 

NEW BUSINESS:

           

            1.  Request for Variance

 

(a) CASE NUMBER:            2008-03

                 APPLICANT:                    Karen Pasha

                 OWNER:                           Karen Pasha

                 ADDRESS:                       1000 Tennessee Avenue

 

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

 

Mr. Ragsdale presented the case on behalf of staff and a brief overview of the case.

 

Tom Pasha, husband of the applicant, was present to review the application.  He stated the carport is in poor condition, and would like to replace it with a one car garage.  Mr. Pasha stated it will not encroach anymore than the existing carport.  

 

Mr. Placencia asked if the applicant will put in a driveway to the garage.

 

Mr. Pasha stated there would be a driveway installed.

 

Mr. Morgeson stated that the photos that were presented to the Board members and will become part of the record at the end of the case.

 

Mr. Spinola asked if the carport meet setbacks now?

 

Mr. Ragsdale stated it does not meet the setbacks, and considers a wall a further encroachment by intensifying the use.

 

Mr. Beigel asked if it was up to code now.

 

Mr. Ragsdale stated it was not because it was in place before the current zoning.

 

Mr. Beigel asked if there were others in the same situation.

 

Mr. Ragsdale stated yes.  He said that zoning district similar situations do exist.

 

Mr. Paulsen clarified that the request is to reduce the setback from 25 to 10 feet.

 

Mr. Ragsdale stated yes, and clarified the request.  He reviewed some conditions to be included should the variance be approved.  Mr. Ragsdale also clarified the parking requirements.

 

Karen Pasha requested further clarification on the parking requirements.

 

There was discussion about the parking area required and the right of way.

 

Mr. Morgeson reminded the Board that it is to consider the six criteria when making their decision.

 

There was further clarification of the parking requirements and the setback requirements.

 

Mr. Placencia made a motion to approve the variance to reduce the front yard setback from 25 feet to 10 feet with the following conditions: 

1.                            The variance shall be limited to the current carport structures and front stoop.  Extension of the roof over the stoop shall be limited to that slab’s dimensions.  Extension of any other walls and/or addition of additional roof shall be prohibited.

2.                            The outside wall of the garage shall have the appearance of being a seamless addition to the house.  Continuation of the current dwelling wall shall be uniform in materials and color.

3.                            The applicant will work with the staff of the Planning Department to meet the minimum parking standards for single family homes in St. Cloud.

and all 6-criteria have been met.

 

Mr. Spinola seconded the motion.

 

The motion was approved 5-0 with all members voting “Aye”.

 

Mr. Ragsdale stated the Council would like to thank the Board, and there are certificates and gifts at each of their seats as a token of the Council’s appreciation.

 

            2.  Request for Variance

 

(a) CASE NUMBER:            2008-04

                 APPLICANT:                    Tim and Daria Black

                 OWNER:                           Tim and Daria Black

                 ADDRESS:                       1400 Pennsylvania 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.

 

Mr. Ragsdale presented the case on behalf of staff and a brief overview of the case.

 

Daria Black was present and presented her application.  She indicated what the uses the room would serve including utility, play room, and workout room.  She stated they had already started the project, but then realized that there was more than a normal permit needed and a variance was required due to the setbacks.

 

Mr. Beigel asked if the ten foot addition on the back was existing now.

 

Ms. Black stated that was correct.

 

Ms. Black described the need for the variance and the reason for the request.  Ms. Black indicated the room is useless with out being closed in due to the elements other than to sit there.

 

Mr. Beigel asked if the entire house is only setback 2 feet from 14th Street.

 

Mr. Ragsdale stated that was correct.

 

Mr. Placencia stated he went by the house.  He stated he felt the applicant did a good job remodeling the home, and take pride in their home.

 

Mr. Placencia   made a motion to approve the variance to reduce the side yard setback from 15 feet to 2 feet with the following conditions:

1.        The variance shall be limited to the current structures.  Extension of the wall and/or addition of additional roof shall be prohibited.

2.        The outside wall of the enclosed porch shall have the appearance of being seamless.  Continuation of the current swelling wall shall be uniform in materials and color.

and all 6-criteria have been met.

 

Mr. Spinola seconded the motion.

 

The motion was approved 5-0 with all members voting “Aye”.

 

ADJOURNMENT

 

Mr. Beigel made a motion to adjourn the meeting.

 

Mr. Spinola seconded the motion.

 

The motion was approved 5-0 with all members voting “Aye”

 

The meeting was adjourned at 7:07p.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