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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                 (Vice)    P                   

                                                            Pete Placencia            (Chair) EA                

                                                            Robert Paulsen                        P                     

                                                            Thomas Clifton                       EA

Jeffry Krotts                            UA               

                                                            Gary Balser                (Alt 1)   P

                                                            William Spinola         (Alt 2)               P                   


STAFF MEMBERS:                        Dale Cozeck, Planner

                                                            Jack Morgeson, City Attorney

                                                            Sherry Taylor, Administrative Assistant


APPROVAL OF MINUTES:          May 13, 2009


Mr. Paulsen made a motion to approve the minutes.


Mr. Spinola seconded the motion.


All Ayes 4-0 to approve the minutes for May 13, 2009.




            1.  Request for Variance


            (a)        CASE NUMBER:     2009-03

                        APPLICANT:           Dulce Sanchez

                        OWNER:                   Dulce Sanchez

                        ADDRESS:                2989 Elbib 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 14.4 feet.


Mr. Morgeson noted the Board of Adjustment board made up of a 5-member board and with only 4-members are being present for this meeting, the applicant can choose to proceed with the 4-members or wait until the board has 5-members.


Mr. Louis Garcia, acting agent for the Sanchez? family, introduced himself to the Board and stated he would like to proceed with the case.


Mr. Cozeck presented the case (see staff report). For the Board, the Memorandum, dated June 29th, 2009, (Staff Report) is included in the packet and all materials that have been submitted.


Acting Chairman Beigel asked if this was County property that has been annexed into the City.


Mr. Cozeck noted the property was in the County and annexed into the City in 2005.


Mr. Morgeson noted Mr. Cozeck is responding to the Land Development Code requires the Board to not consider any previous cases.   Mr. Morgeson noted the Board is required to consider each of the 6-criteria in reference to this individual application and make whatever recommendation or motions in support of the findings in reference to the 6-criteria.


Mr. Paulsen asked if the photo that was enclosed in the packet was the back of the property.


Mr. Garcia noted it was the back of the house and appears to be a reserved area.  This request is for a screened porch only.


Mr. Paulsen asked if the slab is already there.


Mr. Garcia noted it is. 


Mr. Morgeson asked Mr. Cozeck for clarification to the Memorandum on Page 2, in reference to the applicant constructing a screen enclosure without the necessity of the set-back variance. 


Mr. Cozeck noted that is in reference to the screen enclosure vs. a screen room.  The screen enclosure would be screening in all sides including the ceiling.


Mr. Morgeson asked if the applicant was applying for a screen enclosure.


Mr. Cozeck noted their definition is a sun room, which would be relatively similar to what is called a screen room. 


Mr. Garcia noted a screen enclosure depicts a screened roof, a screened porch usually has a solid roof, which is either a pan roof, which is a thin sheet of aluminum or a insulated roof which is a thick, 3? roof.  In either case, water will not come in through the top, because it is a solid roof, but all the walls are screened in, thereby, the title that is used for this is a simple screened porch or a screened enclosure with a solid roof.  In other words, it is not living space at all.


Acting Chairman asked about the drawing for the slab it shows the slab to be to be 30 x 10 feet, but it reflects 32 x 10.


Mr. Garcia explained that the roof will extend past the slab.


Mr. Morgeson asked Mr. Cozeck if the applicant would need a variance for a rear set-back for a screened porch, from the City?s perspective.


Mr. Cozeck noted if it has a solid roof it creates the need.


Mr. Morgeson asked if it was all screen, it would not need a variance but because of the roof, it is considered a screen room?


Mr. Cozeck noted the way the Land Development Code perceives it, it?s almost an extension of the principal structure setbacks.


Mr. Morgeson asked if the applicant needs the variance in order to create the structure the way they are describing.


Mr. Paulsen asked if the applicant is asking for a 5? setback.


Mr. Cozeck noted the applicant is asking for a 5? setback, the amount of relief is 5? from the 20? setback.


Acting Chairman asked what the property was zoned as behind the property.


Mr. Cozeck noted it was zoned as R-1B, single-family residential zoning and is owned by Osceola County. 


Mr. Balser made a motion to approve the application for the variance that the 6-criteria have been considered under the Land Development Code and in support of the motion; the screen room addition must be constructed with a solid roof and screen walls and may not contain solid walls.


Mr. Spinola seconded the motion to approve the variance.


All Ayes 4-0 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 May 13, 2009

Approved July 8, 2009