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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
Pledge of Allegiance
Carl Beigel, Chair
(present) Thomas Clifton (absent)
William Spinola, Vice
Chair (absent) Gary Balser (present)
David Welty (absent) Ivory
Planning and Zoning Manager
Jack Morgeson, City
Approval of Minutes ?
September 12, 2012
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
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
· 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.
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 firstname.lastname@example.org.
Carl Beigel, Chair Date
Sandy Miville, BOA Secretary Date