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CALL TO ORDER: 6:30 P.M.
CLOUD COUNCIL CHAMBERS
NINTH STREET, 1st FLOOR
PLEDGE OF ALLEGIANCE
ROLL CALL: Carl
Jeffry Krotts P
Balser (Alt 1) P
Spinola (Alt 2) P
STAFF MEMBERS: Michelle Orton, Planner
Morgeson, City Attorney
Taylor, Administrative Assistant
APPROVAL OF MINUTES: July 8, 2009
Mr. Beigel made a motion to
approve the minutes.
Mr. Spinola seconded the
All Ayes 7-0 to approve the
1. Request for
ADDRESS: 2514 Talega Drive
VARIANCE PETITION DETAILS:
Applicant is requesting a variance from the 20-foot rear yard setback
requirement of the Canoe Creek Estates Planned Unit Development (Ordinance #
2005-39) to allow an encroachment into the rear yard resulting in a setback of
Michelle Orton presented the case
(see staff report).
Mr. Beigel asked if this would be
a permanent structure.
Ms. Orton noted it would be an
extension of the roof.
Mr. Beigel asked how far the
cement went out.
Ms. Orton noted it would be 15.9
if the variance is granted. The City requires a 20-foot setback; it would be 4.1
feet into the set-back.
Mr. Beigel asked if the slab is
approved to hold a solid room.
Ms. Orton referred the Board to
the drawings. According to the drawings, it would support the room.
Ms. Beigel asked how far down the
Mr. Morgeson noted referring to
the memorandum is for a set-back. That should be what the Board is
considering. Mr. Morgeson noted the issue is if the 6-factors can be answered
in the affirmative. If so, that would support a motion in favor of the
variance. If one or more of them do not satisfy the criteria, the Land
Development Code would be that the variance would fail.
Mr. Clifton noted he felt the
Board?s responsibility is to consider the variance, not the strength of the
Ms. Orton noted if the variance
was approved, the Building Department would have to meet code requirements.
Chairman Placencia informed the
applicant, Ms. Grayek, that this was her opportunity to add anything that she
wants to the application.
Ms. Grayek noted her application
is for covering the existing slab. She noted she has a fenced-in back yard and
wants to enjoy the back yard.
Chairman Placencia asked if the
applicant had talked to the neighbors.
Ms. Grayek noted her neighbors
have no problems with her wanting to cover the slab.
Mr. Clifton asked when the home
Ms. Grayek noted it was about 8
Chairman Placencia asked Ms.
Grayek if she had problems with water standing in her back yard.
Ms. Grayek noted there was no
standing water because the yard slopes downward.
Mr. Clifton asked Ms. Grayek if
the request for the variance was approved if she had any future plans.
Ms. Grayek noted she would not be
putting any walls up. She stated she just wants to enjoy the back yard.
Mr. Spinola made a motion to
approve the variance for case 2009-00.04. The 6-criteria have been met.
Mr. Morgeson noted that because
this meeting has a full attending Board, the understanding that Mr. Spinola is
occupying the alternate position #2, and absolutely the feedback and input is
applicable, however, for purposes of making a motion or voting, it would be the
five (5) regular board members under the Land Development Code. Mr. Krotts,
Mr. Clifton, Mr. Paulsen, Mr. Placencia, Mr. Beigel form the regular board
members. Mr. Balser and Mr. Spinola are listed as alternates #1 and #2.
Mr. Paulsen made a motion to
approve the variance based on the 6-criteria that have been met.
Mr. Clifton seconded the motion
to approve the variance.
All Ayes 5-0 to approve the
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
for July 8, 2009
August 12, 2009