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CALL TO ORDER                            6:30 P.M.  

LOCATION:                                      ST. CLOUD COUNCIL CHAMBERS

                                                            1300 NINTH STREET, 3RD FLOOR


Acting Chairman Placencia noted that the Chairman has resigned and an Acting Chairman needs to be elected.


Ms. Orton informed Acting Chairman Placencia that roll call needed to be done.


ROLL CALL               Pete Placencia              (P)

                                                            Greg Norris                  (UA)

                                                            Kimberly Paulson         (P)

                                                            Shelley Wallace            (P)

                                                            Carl Beigel                   (P)



Mr. Morgeson informed the Board that since the Chairman has resigned from the Board, Mr. Placencia was nominated and elected the Acting Chairman for the last meeting and suggested that Mr. Placencia remain in that capacity until the next board organizational meeting.  At which time, there can be an election for Board members for the coming year.


Mr. Placencia noted he would be open to someone else being the Acting Chairman.


Mr. Beigel made a motion for Mr. Placencia to remain as Acting Chairman.


Mr. Placencia made a motion for Ms. Wallace to be in that capacity until the organizational meeting.


Mr. Morgeson noted that the Board could second either motion or move in that capacity.


Mr. Beigel seconded the motion for Ms. Wallace to be Acting Chairwoman.


All in favor of Ms. Wallace acting in capacity of Interim Chairwoman say Aye.


All Ayes to approve the vote 4-0.                                                        









STAFF MEMBERS:                            David Nearing, Director of Planning and Zoning

                                                            Michelle Orton, Planning Technician

                                                            Jack Morgeson, City Attorney


APPROVAL OF MINUTES:              October 13, 2004


Mr. Morgeson asked for a change to be made on Page 7, reference a comment that he made, approximately the middle of the page.  Mr. Morgeson noted that “one of the Board members needs to make a motion with what they feel is appropriate and discuss it after a second.”  It should read, “After a second to the motion”, under the motions terms, as opposed to, after a second motion.


Mr. Placencia made a motion that the minutes be approved as stated.


Mr. Beigel seconded the motion.


All Ayes to approve the minutes 4-0.




1.                  Requests for Variances


           (a)        CASE NUMBER:                  2005-01

            OWNER:                                Narcoossee Shoppes, LLC

            APPLICANT/AGENT:          Hanson, Walter, & Associates, Inc.

            ADDRESS:                            Northeast corner of Narcoossee Road and US 192


The Applicant is requesting a variance to the requirements of the Land Development Code; Section 3.18.4 to allow less bicycle parking on the site than is required.


Mr. Morgeson noted he had not spoken to the applicant but perhaps Mr. Nearing can advise the Board if he has been in touch with the applicant.  Procedurally speaking, when a Board is consisting of less than the full 7-member Board, the Board gives the applicant the option of proceeding forward with the request or asking for a continuance until such time the Board is fully convened.  Given the vacancies with the Board, and the issue on the table tonight, he said he couldn’t speak for the applicant but it becomes the Board’s decision of whether they would like to move forward and hear the case.  There is no-one present on behalf of the applicant to request that the matter be tabled and it remained on the Agenda.


Mr. Placencia made a motion that the item be tabled and continued until the next meeting.


Mr. Morgeson noted that perhaps it would be advisable to question Mr. Nearing whether he’s had any conversation with the applicant and/or what the ramifications of the continuance in terms of the project.


Mr. Nearing informed the Board that Staff has had no contact with the applicant.  One of the impacts


of continuing this case, the applicant has a tentatively approved site plan awaiting final signature and the last decision that needs to be made is the variance and if the variance is approved, it can be signed off on tomorrow and they can begin construction shortly.  If it’s denied, they will have to change out some pages to show the appropriate number of bicycle parking spaces.  Again, they will be able to move forward.  The continuance means that the plans cannot be signed off on as they are currently drawn until after the variance has been determined.


Mr. Morgeson asked Mr. Nearing if it would be appropriate to assume on the issue at hand and the effect of the continuance, it would be reasonable to assume that the applicant would want to move forward, weather or not the approval were granted. 


Mr. Nearing noted, not having spoken to the applicant, he would assume their rush to get into the ground, they probably would want to move forward.


Chairwoman Wallace asked how they could go forward if the applicant was not present and why they are not present.


Mr. Morgeson explained that there is a Memorandum which was presented to the Board.  The 6 factors have to be met and the Board has to consider and to make a decision on the request.  In the event the variance is denied, the applicant would have two alternatives, possibly three.  Legally, there would be an appeal that could be filed.  It is possible with an affirmative vote of the Board, per the Land Development Code, it may be reconsidered.  Another option per the Land Development Code is for the case to go through the Planning Board.


Mr. Nearing noted since this is part of Article 3; this Board has the final say.


Mr. Placencia noted he would have to repeat his motion to table the item and give the applicant an opportunity to be heard on the questions that the Board may have.


Mr. Beigel seconded the motion.


Mr. Beigel noted he watched Friday, Saturday and Sunday how many bicycles were on the property. He noted he thought the City should consider changing the code. 


Chairwoman Wallace asked Mr. Nearing if that needs to be changed in the Land Development Code.


Mr. Nearing noted when going to shopping centers in the area, you rarely see a bicycle.


Mr. Morgeson noted a point of procedure, reviewing the Land Development Code and not to suggest which direction the Board should go on this but in the event the Board heard the case, and was dissatisfied with the 6-factors being met, for whatever reason, and voted against the variance, pursuant to the Land Development Code, the applicant could seek reconsideration before the Board within less than 12 months if they received 3 affirmative votes of the BOA when the action was deemed necessary to prevent in justice or facilitate property development.  If the Board decides to go ahead and one member of the Board decides to vote against it, there would be potential recourse for


the applicant but not until next month.


Chairwoman Wallace asked if the applicant would have to pay the fee again. 


Mr. Morgeson noted he felt that the applicant could go before the Board and get reconsideration and the City would likely waive the cost. 


Mr. Beigel asked if the applicants would be present in case the Board had questions.


Mr. Nearing noted that the applicant could amend the plan to show the bicycle parking.  If the variance is approved, the plans could be signed off; there could be a minor amendment. 


Chairwoman Wallace asked for a vote on the motion to continue this item until the March meeting.


All Ayes to continue this item until the March meeting 4-0




Chairwoman Wallace called for a motion to adjourn the meeting.


Mr. Placencia made a motion to adjourn the meeting.


Mr. Beigel seconded the motion to adjourn the meeting.


All Ayes to adjourn the meeting 4-0.


The meeting adjourned at 6:50 P.M.


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