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CALL TO ORDER:                         6:30 P.M.


LOCATION:                                     ST. CLOUD COUNCIL CHAMBERS

                                                            1300 NINTH STREET, 1st FLOOR




ROLL CALL:                                   Carl Beigel                 P                                 

                                                            Pete Placencia            P

                                                            Robert Paulsen          P         

                                                            Thomas Clifton         P

Jeffry Krotts              P                                 

                                                            Gary Balser                (Alt 1) P

                                                            William Spinola         (Alt 2)             P         


STAFF MEMBERS:                        Michelle Orton, Planner

                                                            Jack Morgeson, City Attorney

                                                            Sherry Taylor, Administrative Assistant


APPROVAL OF MINUTES:          July 8, 2009


Mr. Beigel made a motion to approve the minutes.


Mr. Spinola seconded the motion.


All Ayes 7-0 to approve the minutes.




            1.  Request for Variance


            (a)        CASE NUMBER:     2009-04

                        APPLICANT:           Colleen Grayek

                        OWNER:                   Colleen Grayek

                        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 15.9 feet.


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 slab is.


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 slab.


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 was purchased.


Ms. Grayek noted it was about 8 years ago.


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 variance.



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






Minutes for July 8, 2009

Approved August 12, 2009