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CALL TO ORDER:                         6:30 P.M.

 

LOCATION:                                     ST. CLOUD COUNCIL CHAMBERS

                                                            1300 NINTH STREET, 1st FLOOR

 

PLEDGE OF ALLEGIANCE

 

ROLL CALL:                                   Kimberly Paulson      Resigned 7/9/09 (Chair)       

                                                            Carl Beigel                 P                                 

                                                            Pete Placencia            P     Acting Chairman for this mtg.

                                                            William Spinola         P

                                                            Donald Bassett           UA                                         

                                                            Robert Paulsen          P     (Alt)

                                                            Jeffry Krotts              P     (Alt)                    

                                                                                               

STAFF MEMBERS:                                    John Groenendaal, Senior Planner

                                                            Jack Morgeson, City Attorney

                                                            Sherry Taylor, Administrative Assistant

 

APPROVAL OF MINUTES:          June 11, 2008

 

Mr. Spinola made a motion to approve the minutes of June 11, 2008 as written.

 

Mr. Bassett seconded the motion.

 

The minutes were approved 5-0.

 

Chairman Placencia noted Kimberly Paulson, the Chairperson, turned in her resignation effective immediately.   

 

NEW BUSINESS:

 

            1.  Election of Officers

 

Mr. Morgeson explained the Chairman could ask for nominations and once the nominations have been made, and have the vote in the order in which the candidates were seconded.

 

(a)   Chairperson

 

Chairman Placencia noted he would accept nominations for Chairperson.

 

Mr. Beigel nominated Mr. Placencia for Chairperson of the Board.

 

Mr. Spinola seconded the motion.

 

There were 4 Ayes to approve the nomination.

 

There was 1 Nay to disapprove the nomination.

 

The nomination was approved 4-1.

 

(b)   Vice Chairperson

 

Mr. Spinola nominated Mr. Beigel for Vice Chairperson.

 

Mr. Krotts seconded the motion.

 

All Ayes 5-0 to approve the nomination.  The nomination was approved 5-0.

 

            2.  Request for Variance

 

(a) CASE NUMBER:           2008-05

                 APPLICANT:                  Stephen Scheckman

                 OWNER:                          Stephen Scheckman

                 ADDRESS:                       623 New York Avenue

 

VARIANCE PETITION DETAILS: Applicant is requesting a variance to the requirements of the Land Development Code, Section 3.20.3.A.1.d. to reduce the detached garage setback for corner side yard from 20 feet to 15 feet.

 

Applicant is requesting a variance to the requirements of the Land Development Code, Section 3.20.3.A.2.a. to increase the maximum height for an accessory structure from 15 feet to 22 feet.

 

Mr. Groenendaal presented the case.  There are two requests, one to reduce a corner side yard set-back for an accessory structure, from 20 feet to 15 feet (see Staff Report).

 

The second is to increase the accessory building height from 15 feet to 22 feet (see Staff Report)

 

Mr. Groenendaal handed out a revised condition sheet to the Board and read the conditions.

 

a.         Variances shall be limited to the detached garage structure.

b.         The exterior finish of the proposed garage/storage building shall be designed to

            match that of the existing residence. 

c.         The garage is an accessory structure to the home and shall not be used as a dwelling unit.

d.         The garage must receive a certificate of completion within 1 year of the Chairperson signing the Findings of Fact for the variance or the variance is revoked.  No extensions shall be granted.

e.         The garage shall be finished according to the current building code.

 

Mr. Beigel asked if the setbacks will be the same as the existing house.

 

Mr. Groenendaal noted the setbacks will be the same.    

 

Mr. Morgeson explained that the variance, unless there is a specific date, imposed by the Board, in which the variance is to be acted on, there is a 6-month time frame in which the applicant needs to take action.  The variance that was approved previously has expired.  The applicant is asking that the variance be addressed by this Board again.  The applicant is asking to increase the maximum for the accessory structure.  The applicant is also asking for the Board to approve the variance with the setback for the corner side yard.  

 

Mr. Beigel asked if there would be plumbing in the structure.

 

Mr. Groenendaal noted there is already a toilet in the structure. 

 

Mr. Morgeson noted the Board needs to consider the 6-criteria that are contained in the Memorandum presented by the applicant and Staff dated June 27, 2008.  The Land Development Code states that all 6-criteria have to be met in the affirmative in order for the variance to pass as determined by at least 3-members of the Board.  In the motion, please identify specifically whichever type of motion is made.

 

Mr. Krotts asked Mr. Groenendaal if all the setbacks met the 6-criteria.

 

Mr. Groenendaal noted the 6-criteria have been met.    

 

Mr. Stephen Scheckman introduced himself to the Board and stated he lives at 1107 Missouri Avenue and is a co-owner of the house on 623 New York Avenue.  Mr. Scheckman explained to the Board that his previous approval from the Board has expired and he is requesting approval at this time. 

 

Mr. Paulsen asked if there was any part of the structure that had to be torn down or that was not finished.

 

Mr. Scheckman noted there was not.

 

Mr. Spinola asked what the time frame is for completion.

 

Mr. Scheckman noted he thought he could complete it in 6-months.

 

Chairman Placencia asked if there was anyone else that would like to speak on this case.

 

Ms. Ann Rothman introduced herself to the Board and stated she lives at 619 New York Avenue.  She is concerned about the rear set-back which will be backing up to her property.  Ms. Rothman asked what the actual set-back is for that property.

 

Mr. Groenendaal noted the rear set-back would be 5-feet.  If the property is north of Mr. Scheckman’s property, it would be his side-yard which would be 5-feet also.

 

Ms. Rothman asked if that meant 5-feet from the back of the building to her property line.  She stated she has lived in her home for 2 ½ years and his property has gotten worse and worse, nothing has been completed, this property is always a mess.  She stated she thinks he is bringing down property values.  She also stated she feels someone is living upstairs on a part-time basis. 

 

Mr. Morgeson stated the Board is here to consider the variances by the applicant and the focus is to consider the application and the 6-criteria that the Land Development Code specifies has to be met.    

 

Ms. Rothman asked if this structure would be used as a storage building only.   She stated that Mr. Scheckman had stated that he would be living in this structure.

 

Mr. Morgeson stated that these questions should be posed to the applicant.  The Board is focused on the application and it is the Board’s responsibility to focus on the factors related to the application.

 

Mr. Beigel stated these concerns need to be addressed to Code Enforcement.

 

Ms. Rothman asked if Mr. Scheckman was to follow the conditions on the memo.

 

Chairman Placencia noted if the variance is approved with those conditions, those conditions will be followed by the applicant.

 

Mr. Groenendaal noted, if this variance is approved, this will put Mr. Scheckman on notice, that this structure will not be used as a dwelling. 

 

Ms. Rothman asked why this structure has a computer monitor on a desk.

 

Mr. Groenendaal noted he would like to let Mr. Scheckman answer that.

 

Mr. Morgeson noted if variances are granted with conditions as part of the variance those conditions or some of them are not adhered to, by the operation of the Land Development Code, the variance will be revoked.  Whatever conditions that are made a part of the variance would have to be abided by.

 

Ms. Rothman noted Mr. Scheckman has had almost 3 years to complete this structure.

 

Mr. Beigel noted if this variance is approved and it has taken 2 ¾ years to get to the point of where you are today, what happens if in a year’s time it is not done.

 

Mr. Scheckman noted he has the money now, and the project will be done in a years’ time.

 

Mr. Spinola asked what the purpose of the bathroom is.

 

Mr. Scheckman noted there was room in the back of the building for a washer, dryer and a toilet which was initially in the plans.

 

Chairman Placencia asked Mr. Scheckman if he understood that one of the criteria for consideration is whether or not granting these variances will be in interest to the neighborhood.   He asked Mr. Scheckman if he wanted to be a good neighbor and make peace with his neighbor.  He also asked Mr. Scheckman if he understood that he could not live in the dwelling if the variance was granted.

 

Mr. Scheckman noted he wants to be a good neighbor and understood it is not to be used as a living space.

 

Chairman Placencia asked if anyone had questions for Mr. Scheckman.

 

Mr. Krotts noted that Mr. Scheckman needs to be aware of the current building codes.

 

Mr. Scheckman agreed.

 

Chairman Placencia asked if there were any additional questions or if there was anyone else that wanted to speak about this case.

 

Mr. Beigel would like to include another condition.  If the structure is not completed in 6-months, it must be demolished or torn down. 

 

Chairman Placencia asked Mr. Morgeson if the time could be changed from 1 year to 6-months.

 

Mr. Morgeson noted if that is a condition that the Board was to adopt, that would become a part of the variance.  If the conditions are not met, and the variance is revoked, the property is out of compliance.  Unless the Board specifies a different time, the timeframe for implementation of the variance is 6-months, per the Land Development Code.  The Board can implement a different timeframe on the variance as part of the motion.

 

Mr. Beigel noted he would like to make the condition that it is to be completed in 6-months, and current building codes need to be followed. 

 

Mr. Spinola noted he did not like the 6-month timeframe.

 

Chairman Placencia asked for any comments or conditions from the Board.

 

Chairman Placencia stated he would re-open public comment. 

Ms. Rothman re-introduced herself to the Board.  She requested the Board remember the multiple extension cords running to the upstairs.  She considers this to be a fire hazard.

 

Chairman Placencia asked Mr. Scheckman if 6-months was enough time to complete the structure.

 

Mr. Scheckman noted he could felt it would be completed in 6-months but if the Board would allow 8-months, it would be appreciated.  

 

Mr. Paulsen noted he felt 8-months would be better.

 

Chairman Placencia noted he would close public comment.  He asked if there was any further discussion from the Board. 

 

Chairman Placencia asked for a motion.

 

Mr. Morgeson noted if there is going to be a motion; the conditions should be specifically listed as part of the motion.

 

Chairman Placencia asked for a motion with regard to the application for set-back and any conditions, listed as part of the variance.

 

Mr. Beigel made a motion to approve the variance, the 6-criteria have been met, and the conditions #A-F and the variance will be limited to the attached garage structure, exterior finish of the proposed garage, storage building should be designed to match that of the existing building, the garage and accessory structure to the home must not be used as a dwelling unit, garage must receive completion within 1-year of the chairperson signing of the Fact of Variance.  No extensions shall be granted.  The motion is to change the 1-year to 8-months and the current building codes will be part of the variance.

 

Mr. Spinola seconded the motion.

 

All Ayes to approve the variance.

 

The variance was approved 5-0.

 

Chairman Placencia asked for a motion for the height of the structure.

 

Mr. Paulsen made a motion to approve the variance for the height of the building from 15 to 22 feet, based on the 6-criteria as addressed in the previous variance.  The Board recommends that the variance be limited to the attached garage structure, the height of 22 feet, the exterior finish of the proposed garage /storage building shall be designed to match that of the existing residence.  The garage is an accessory structure to the home and shall not be used as a dwelling unit.  The garage must receive a certificate of completion within 1-year of the chairman signing the findings, but the Board has changed that to 8-months and the garage finished to current building codes.

 

Mr. Morgeson asked if those were the conditions for the motion for approval.

 

Mr. Spinola seconded the motion.

 

All Ayes to approve the variance.

 

The variance was approved 5-0.

 

Chairman Placencia asked for a motion to adjourn the meeting.

 

Mr. Spinola made a motion to adjourn the meeting.

 

Mr. Krotts seconded the motion.

 

All ayes 5-0 to adjourn the meeting.

 

The meeting adjourned at 7:12 P.M.

 

 

 

 

ADJOURNMENT

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

 

 

 

At the meeting on 3/11/09, Mr. Morgeson requested corrections be made on Pages 1; 2; 3 & 4.

 

The minutes were corrected and placed on the Web on 3/17/09.