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CITY OF ST. CLOUD

BOARD OF ADJUSTMENT MINUTES

1300 9th STREET, BUILDING A, 3rd FLOOR, CITY COUNCIL CHAMBERS

WEDNESDAY, APRIL 10, 2013

6:30 PM

 

 

 

 

OPENING BUSINESS:

           

Pledge of Allegiance

 

Roll Call:

Carl Beigel, Chair (present)                      Thomas Clifton (absent)

William Spinola, Vice Chair (absent)        Gary Balser (present)

David Welty (absent)                                Ivory Smith (present)

Robert Paulsen (present)

 

Staff Representatives:

Jennifer Giannuzzi, Planning and Zoning Manager

Forrest Eddleton, Planner I

Jack Morgeson, City Attorney      

 

Approval of Minutes ? September 12, 2012

 

Member Balser provided the motion to approve the minutes of September 12, 2012.  Member Paulsen provided a second to the motion.  The vote was 4-0 with all members voting ?aye.?

                                   

PUBLIC HEARING ITEMS:

 

A.   Case # 13-00.01; Souls Harvest Church

Souls Harvest Church Inc, property owner      

                                                        

Request: Applicant is requesting a variance from the 30-foot side yard setback for properties zoned Professional that abut properties zoned Residential. This requirement is identified in Table III-6 of the Land Development Code. The variance will allow the proposed building addition to encroach into the side yard setback resulting in a side yard setback of 20.04 feet.

     

      Location: 1557 Eastern Avenue

 

·       Mr. Beigel noted that the packet contained the applicant?s response to the six criteria but not the City staff?s response. 

·       Mr. Eddleton stated staff is directed to not respond to the six criteria in the report but rather to allow the citizens to provide their responses. 

·       Mr. Eddleton presented the case and provided a brief summary of the request for variance.

·       Discussion was held regarding the parking lot being the access to the driveways of several homes.

·       Mr. Morgeson reminded the board that the motion would need to provide if the request satisfies or does not satisfy all six criteria.

·       Danny Bumpus, Architect for the building, presented the variance request, went over the history of the current building and permitted modular buildings that were being used in the location.  Diagrams of the current Site Plan and the proposed Site Plan with the building addition (see BOA packet) were shown on screen and Mr. Bumpus cited details.

·       Mr. Eddleton provided information on when the building was annexed and zoned professional and what the previous use was when it was permitted in the County.

·       Mr. Bumpus went over the applicant responses to the six criteria and addressed other questions re the site plan.

·       Mr. Smith asked if the residents in the homes whose driveways meet the parking lot had concerns.

·       Mr. Eddleton advised that residents and property owners within 300 feet of the location were mailed a public notice of this meeting.

·       Mr. Beigel called up residents Candice and Charles Sullivan.  Ms. Sullivan, 1603 Eastern Avenue, asked if there would still be access for garbage removal, police, fire, and ambulance service.  Mr. Paulsen stated that the road would not change in size.  Mr. Bumpus advised that the case went to a development review committee meeting and the committee includes staff from Police, Fire, Building, etc. and no issues were cited regarding these concerns.  During construction the road will not be blocked.  During specific times, the residents may need to be redirected.

·       Mr. Morgeson counseled the board that it can impose conditions if they approve the variance.

·       Mr. Paulsen stated the residents need to be aware of when construction may block access from one direction, etc.  Mr. Bumpus advised that the contractor will keep the residents informed and appropriate signage will be placed if they need to go around the building to gain access from another direction.

·       The board did not have any questions with regard to the six criteria being met and agreed on the conditions re ingress and egress for the residents to their properties.

 

Member Paulsen provided the motion to recommend approval of the variance with the six criteria being satisfied.  Member Smith provided a second to the motion.  The vote was 4-0 with all members voting ?aye.?

 

Mr. Beigel noted conditions to acceptance of the variance.  He stated that residents should have ingress and egress access to their properties at all times and should be informed 24 hours in advance of closures. 

 

Mr. Paulsen made a motion to add the condition to the variance that the residents shall be informed in advance of closures and shall have ingress and egress access to their properties at all times.  Member Balser provided a second to the motion.  The vote was 4-0 with all members voting ?aye.?

 

ADJOURNMENT:  6:52 pm

 

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) Sandy Miville; 1300 9th Street, St. Cloud, FL 34769; (407) 957-84273 or smiville@stcloud.org.

 

Respectfully submitted:

 

 

____________________________                            ____________________

Carl Beigel, Chair                                                        Date

 

 

____________________________                            ____________________

Sandy Miville, BOA Secretary                                    Date