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Wednesday, October 13, 2010 6:30 PM




            Pledge of Allegiance

Roll Call

            Approval of Minutes- July 14, 2010



Carl Beigel (Vice Chair) (            EA)                   Pete Placencia (Chair) (P)


Jeffrey Krotts (P)                                              Thomas Clifton (P)                               


Gary Balser (P)                                      William Spinola (P)


Robert Paulsen (P)


Staff Representatives: Heather Barber, Planning Technician





A.   Case # 2009-01; Angie Fritts


Request:    City of St. Cloud?s Motion for Entry of Order Amending Board?s Order of March 11, 2009.


Location:    1625 10th Street


Mr. Jack Morgeson, City Attorney gave a brief overview of the case noting that this case is purely an administrative matter.


Mr. Morgeson noted that at the conclusion of his presentation what he would like and need to have accomplished is that the board would make a motion approving the motion for the Entry of an Order amending the board?s order that was signed on March 11, 2009 regarding this case, and then that be approved by having the chairman execute the amended order. The objective is to correct on paper and to be consistent in a written order of what this board did back in March of 2009 on this case.


Mr. Morgeson then gave a brief overview of what occurred with regards to the case at the March 11, 2009 Board of Adjustment meeting.


Mr. Morgeson gave an overview of the Amended Findings of Fact and Order to the board.


Mr. Morgeson gave an overview of what consisted in the board?s packet regarding the case.


Mr. Placencia noted that the packet given to the  board members regarding the case did not include all of the transcript minutes from the March 11, 2009 Board of Adjustment meeting. 


Mr. Morgeson said that the board was provided with the operative part of the transcript from the hearing that address?s the motion.


Mr. Placencia requested all of the transcripts from the March 11, 2009 meeting.


Mr. Morgeson then told Mr. Placencia that he could assure him that he could make an order tonight that accurately depicts what the board did back on March 11, 2009.


Mr. Morgeson noted that the remainder of the transcript from the hearings on that night would have dealt with issues dealing with other cases that were on that agenda.


Mr. Placencia asked the board if they had a problem hearing the case again.


Mr. Spinola stated he was not at the March 11, 2009 meeting, but wasn?t opposed to hearing the case again, but felt it wasn?t necessary.


Mr. Clifton agreed with Mr. Spinola.


Mr. Gary Balser provided a motion to approve the Amended Findings of Fact and Order. Mr. Paulsen provided a second to the motion.


The vote was 5-1 with majority of the members ?aye?. Mr. Placencia voted ?nay?.





Mr. Morgeson noted that he would make a presentation and provide the board in advance with formal material regarding parliamentary procedures, sunshine laws, and the public records to present at the next scheduled Board of Adjustment meeting




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 and 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 Americans 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 (FS286.26) Heather Barber, Planning Technician; 1300 9th Street; St. Cloud, FL 34769; (407) 957-7203 or



Respectfully submitted:



___________________________________                                     ___________________________________

Heather Barber, BOA Secretary                                                  Date







__________________________________                                     __________________________________

Pete Placencia, Chair                                                                 Date