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CALL TO ORDER                            6:30 P.M.  

LOCATION:                                      ST. CLOUD COUNCIL CHAMBERS

                                                            1300 NINTH STREET, 3RD FLOOR


ROLL CALL                                      Pete Placencia              (P)      

                                                            Greg Norris                  (P)      

                                                            Kimberly Paulson         (EA)

                                                            Shelley Wallace (Acting Chairwoman) (P)        

                                                            Carl Beigel                   (P)


STAFF MEMBERS:                            David Nearing, Director of Planning and Zoning

                                                            Sherry Taylor, Administrative Secretary

                                                            Jack Morgeson, City Attorney


APPROVAL OF MINUTES:              February 9, 2005


Mr. Placentia made a motion to approve the minutes.


Mr. Beigel seconded the motion to approve the minutes.


The minutes were approved 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. Nearing and Mr. Tom Bailey were sworn in.


Mr. Nearing presented the case (see staff report).


Mr. Nearing noted that Staff recommends approval.


The Applicant is requesting 10% instead of 25%.


Mr. Beigel asked if there were still going to be 22 spaces.


Mr. Tom Bailey explained that they are trying to maximum the green space, landscaping space.


Mr. Norris asked how the 10% number came about. 


Mr. Bailey explained it was in the code that spaces needed to be provided for bicycles.


Mr. Morgeson noted #4 of the 6 that the Board needs to consider and it may explain how the 10% came about.


Mr. Placencia wanted to know how the 10% is defined.


Mr. Bailey explained that 22 spaces will be marked.


Mr. Bailey noted it was a specific area close to all stores and ramps for the bicycle.


Mr. Placencia made a motion to approve case #:  2005-01 and that the 6 factors have been considered and all have been met.


Mr. Beigel seconded the motion.


All Ayes to approve the variance.


The vote was 4-0 to approve the variance.


(b)                    CASE NUMBER:                  2005-02

                        OWNER:                                Arthur & Kerry Osborne

                        APPLICANT/AGENT:          Arthur & Kerry Osborne

                        ADDRESS:                            423 Pennsylvania Avenue


The Applicant is requesting a variance to the requirements of the Land Development Code, Section 3.10A.4, and Table III-4 to allow a reduced minimum frontage setback in the R-1A Zoning District.


Mr. Nearing and Mr. and Mrs. Osborne were sworn in.


Mr. Nearing presented the case (see staff report).


Mr. Nearing noted that staff recommends approval.


Mr. Placencia asked Mr. Osborne if he had talked with the neighbors about the addition that is planned. 


Mr. Osborne noted he had talked with neighbors about the plans and so forth.


Chairwoman Wallace asked if the neighbors had been notified.


Mr. Nearing noted the neighbors had been notified.

Mr. Osborne noted that several people had asked what was going on because of the Board of Adjustment Notice that was posted in his yard.


Mr. Placentia asked Mr. Osborne if he had received any negative responses.


Mr. Osborne noted that he had received no negative responses from his neighbors.


Mr. Norris asked what the time frame was.


Mr. Osborne noted that he would like to begin construction within the next 30 days.


Mr. Placencia asked where the boundaries are for the Historic Overlay District.


Mr. Nearing noted the Historic Overlay District goes to mid block of Ohio and Florida, and then extends down to 13th Street over to the mid block of Massachusetts and Kentucky and comes North to 9th Street, which would be the area in front  of  City Hall so, this particular  property, would not be included in the Historic Preservation overlay.


Mr. Placencia made a motion to approve variance #2005-02.  All six (6) criteria have been met.


Mr. Beigel seconded the motion.


The vote was 4-0 to approve the variance.


The variance was approved 4-0.


            (c)                    CASE NUMBER:                  2005-03

                                    OWNER:                                Advanced Marine Services

                                    APPLICANT/AGENT:          Advanced Marine Services

                                    ADDRESS:                            1322 Carolina Avenue


The Applicant is requesting a variance to the requirements of the Land Development Code, Section 3.20.28.B.3, Outside Sales/Rental Lots, and Section 3.20.2.C.1, regarding front yard fence height.


Mr. Nearing, Mr. Skip Holtcamp and Mr. Jason Wagner were sworn in.


Mr. Nearing presented the case (see staff report).


Mr. Nearing noted that Staff recommends approval with one condition that the landscaping be located on Carolina Avenue.


Mr. Jason Wagner noted the goal is 6’ fence.


Mr. Norris suggested wants a 6’ fence.


Mr. Skip Holtcamp introduced himself to the Board and noted the confusion could have come when the gate was 6’ fence with 2’ barbed wire so it is just a detail of the gate and got carried over to the height of the fence.


Mr. Wagner noted that there have been boat materials that have been stolen.


Mr. Beigel asked where the 6’ fence going.


Mr. Wagner noted the code that the rear of the building can be 6’ or actually up to 8’ but if it extends beyond the front of the building, it can’t be taller than 3’ and it will extend beyond the front of the building.


Mr. Holtcamp noted Mr. Wager just wants to fence in grassed lot.  A fence will not be around the entire area, just around the grass area and have access from the parking lot in front of his building to the secure area where boats can be displayed.


Mr. Wagner noted that in reference to the height issue, a 3’ fence would not offer as much security as a 6’ fence.


Mr. Placencia noted that there are other fences along 192 and are not very attractive.


Chairwoman Wallace asked if the Board could require a certain height of landscaping.


Mr. Morgeson noted that the Board had the ability to impose the conditions and make that a condition in approving the variance.  If the applicant fails to meet those safeguards and conditions, that would be grounds for revocation of the variance.


Mr. Wagner noted the top of the picture is his building and Carolina Avenue is the parking lot. The boat display will be asphalted.  Mr. Wagner noted he would not have a problem in increasing the landscaping to hide the fence.


Mr. Norris asked Mr. Wagner if he had considered any other type of material, like a green or black vinyl coated chain link fence, something that will blend. 


Mr. Wagner noted his building was about 7,200 square feet; the part off to the right is the parking lot, which will not be fenced. 


Mr. Placentia asked if the parking lot was paved.


Mr. Wagner noted it was all asphalt.


Mr. Nearing noted if you look carefully, the applicant was trying to see how many boats he could fit in the particular area. 


Mr. Wagner noted the fence would extend and go down the jagged line and that would be adjacent to St. Cloud Stationers.


Mr. Morgeson noted that the display would have to be part of the record.  A copy will be made and returned to the applicant.  


Chairwoman asked if the fence was to be 6’ on 13th Street and 3’ on Carolina Avenue.


Mr. Nearing noted it that would be the case but since this is in conjunction with outdoor storage, it can be 6’ tall but it can’t be within 25’ of US 192, which is why a second variance is being requested.


Mr. Morgeson noted a variance is being requested and a setback in relation to 192.


Mr. Nearing noted he if you look at the graphic which is a solid, white block and the parking area in the front of it, and follow the front of the building up towards 192, that is the area that can’t exceed 3’, and then 25’ from the dotted line down. 


Mr. Nearing noted that the reason why the variance is being requested is to make sure as the business grows and evolves, the applicant has the variances necessary to insure that he will be able to move things around as he needs to.  


Mr. Morgeson and the Board discussed the wording that the 6 factors have been met and that the applicant have conditions placed on approval or move to disapprove on one or more of the factors not being satisfied.   


Mr. Norris asked if the two requests should be split.


Mr. Morgeson noted that one issue should be addressed at one time so that whatever condition is being proposed.  The fence issue should be addressed and then the setback issue should be addressed.


Chairwoman Wallace asked what department would approve the landscaping.


Mr. Morgeson noted that there is a flexible condition as to the landscaping.  He noted he was not sure if the Board needed to be specific on the tree but some loose parameters that are identifiable and met by the applicant.


Mr. Wagner noted that the Land Development Code requires that the minimum shrub should be 2’ and a tree every so many feet.  He noted he would like to use palm trees. 


Mr. Morgeson noted that the memorandum submitted has a condition maintaining a landscape buffer along Carolina and 13th Street outside the fenced area.  That was the condition that was recommended by Staff.


Mr. Norris asked Mr. Nearing to explain the setback as far as how that relates to the fence.


Mr. Nearing noted the site is required by code to have a 10’ buffer yard along 13th Street and along Carolina Avenue.  It is required to have plantings that are a minimum of 2’ at planting and will not exceed 4’ in height at maturity and 1 tree every linear feet of frontage.  Staff would work with the applicant to develop the appropriate landscaping that would ensure the his visibility is maintained and so the fence is softened and with the vinyl clad that may further cause it to dissipate into the background so the code partially takes care of the concern right now.  Palm trees are not considered a recognized tree, so this may require approval by City Council for purposes of meeting the landscaping requirements. 


Mr. Placencia made a motion to approve the variance, the request based upon the 6 factors being met with following expressed conditions.


1.      There shall be a fence and the fence shall be a vinyl coated, chain link fence. 

2.      The fence shall be no more than 6’ tall.   

3.      There shall be a landscaping to comply with the landscaping provisions of the Land Development Code on both 13th Street and Carolina Avenue.


Mr. Beigel seconded the motion.


All Ayes 4-0 to approve the variance with the conditions listed.





The meeting adjourned at 7:44 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