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CALL TO ORDER: 6:30 P.M.
LOCATION: ST. CLOUD COUNCIL
NINTH STREET, 1st FLOOR
PLEDGE OF ALLEGIANCE
ROLL CALL: Carl Beigel (Vice)
Placencia (Chair) EA
Paulsen (Alt) P
Krotts (Alt) P
MEMBERS: April Boswell, Senior Planner
Morgeson, City Attorney
Taylor, Administrative Assistant
APPROVAL OF MINUTES: July 9, 2008
1. Request for Variance
(a) CASE NUMBER: 2009-01
APPLICANT: Angie Fritts
ADDRESS: 1625 10th
PETITION DETAILS: Applicant is requesting a variance from the
interior side yard five-foot setback. The applicant seeks to be granted a
zero-foot interior side setback.
Mr. Morgeson notified Mrs. Fritts
that there were only 4-members present and a full board consists of 5-members.
He explained to Mrs. Fritts that she could have the board hear her case at tonight?s
meeting or wait until the next meeting when the members could all be present.
Mrs. Fritts noted she would like
to go forward with the case.
Ms. Boswell presented the case
(See staff report).
Mr. Morgeson noted there is a
memo in the packet dated March 11, 2009 that discusses the conditions number
1-6, and analysis. Mr. Morgeson recommended that Ms. Boswell tract through
those conditions so she can have those at her disposal and questions and so
recognizes that the application did not demonstrate the conditions that
circumstances exist that are peculiar to the land, building or structure;
found in the applications narrative, from the applicant, is that they stated
responsibility for installing the structure within the setback without
receiving a permit. This identifies that the circumstances have resulted from
the actions of the applicant;
analysis looked at the application really didn?t demonstrate that. Literal
interpretation would require those setbacks just like they would for any other
properties within that zoning district. In looking at the survey that was
provided, it appears that there?s space in the rear yard in both the exterior
side-yard, which is a secondary street side yard that could accommodate a
structure that would meet setbacks. There is no setback required for the other
side-yard which is adjacent to the street and there is approximately 19 feet
from the property line to the residence on that side.
did not demonstrate that the variance or other action, if it was granted, is
the minimum request that would make possible the use of the land, building or
structure. Because of the previous condition, that there is room on the
property or to scale back or to relocate a structure, that is where Staff felt
that is where it did not meet that criteria.
has not demonstrated how granting the request will not confer a special
privilege on the applicant that is denied to others in the CBD-2 zoning
required setbacks for properties in the CBD-2 zoning district, Central Business
District-2, are on those interior side-yard and rear-yard setbacks. There is
flexibility on the front and also on the side street. Staff feels the request
violates the intent of harmony with the zoning regulations.
The Board and Ms. Boswell had
discussion about the case.
noted any building requirement questions would need to be deferred to the
Building Official, Robert Wood.
noted the narrow focus of this meeting is in regard to the variance application
for the rear and interior side yard. In order for the application for the
variance for either or both components to be approved, three (3) members of the
Board have to vote affirmative to each of the 6-criteria. A motion would have
recognized that each of the components has been met to the Board?s satisfaction
in the affirmative for an approval motion.
Mr. Wood, the
Building Official, noted if the structure was not in the setback, it still
requires a building permit. If the Board approves this variance for the setbacks,
a building permit is required.
noted the application for the variance is because of the setbacks have been
encroached. This is not related to the permit issue. The issue before the
Board is just dealing with whether or not there should be a variance allowed
for an encroachment of the setback.
Mr. Wood noted
if the Board approved the variance, the Building Department can issue a
building permit, but if the Board denies the variance, a building permit cannot
be issued because it is in a setback.
Mr. Morgeson asked
the Board to refer to a letter from the applicant dated February 5, 2009 and a
revised letter dated February 12, 2009. The applicant is present.
presented the request for a variance.
placed the survey on the screen and demonstrated where the structure was
explained to the Board that it is important to go through the 6-criteria and
conditions need to be tied to the property, not to the owner of the property.
placed the pictures on the screen so the Board could see the covered area and
in relation to the adjacent properties.
noted if the Board members are not independently wishing to get into a
discussion, either with the City or from the applicant, the next stage would be
that someone would put forth a motion in regard to the application and in view
of the 6-criteria.
Mr. Krotts made
a motion to accept the variance as requested.
noted Mr. Krott?s motion would be that the 6-criteria have been considered with
regard to both of the variance request and that all 6-criteria have been
answered in the affirmative? The motion should be that you have considered
those criteria and then move appropriately. You need to either move that the
6-criteria have been met or move that one or more have not been met. That
would be the way one of the Board members would make a motion. All 6-criteria
have to be met to approve the variance.
Mr. Paulsen made
a motion to not approve the variance because it does not meet criteria #1
seconded the motion to deny the variance.
The vote was
The vote was
3-Ayes to deny the variance with 1-Nay to approve the variance.
The variance request
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)
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)
Taylor, Secretary City of St. Cloud
of Adjustment 1300 Ninth Street
957-7203 St. Cloud, FL 34769