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CALL TO ORDER                            6:30 P.M.  

LOCATION:                                      ST. CLOUD COUNCIL CHAMBERS

                                                            1300 NINTH STREET, 3RD FLOOR

PLEDGE OF ALLEGIANCE

ROLL CALL                                      Pete Placencia              (P)      

                                                            Greg Norris                  (P)

                                                            Kimberly Paulson         (P)

                                                            Carl Beigel                   (P)

 

STAFF MEMBERS:                            David Nearing, Director of Planning and Zoning

                                                            Sherry Taylor, Administrative Secretary

                                                            Jack Morgeson, City Attorney

 

APPROVAL OF MINUTES:              March 9, 2005

 

 

Mr. Placencia asked Mr. Morgeson about options for the applicant since the Board only consisted of 4-members. 

 

Mr. Morgeson noted that the Board typically consists of 7-regular and 1 alternate member.  Mr. Morgeson recommended that Madame Clerk call the roll and then he would make some statements to the Board. 

 

Pledge of Allegiance.

 

Roll call.

 

Mr. Morgeson noted that the regular Board consists of  7-regular members and an Alternate member and that Ms. Wallace was the most recent Acting Chairperson for the Board.  Mr. Morgeson recommended that a motion be made to elect an acting chairperson so the meeting can move forward.

 

Mr. Beigel made a motion to elect Mr. Placencia as Acting Chairman.

 

Ms. Paulson seconded the motion.

 

All Ayes to elect Mr. Placencia as Acting Chairman.

 

Acting Chairman Placencia asked for a motion to approve the minutes of March 9, 2005.

 

Ms. Paulson noted that she needs to make the Board aware that she was not present at the last meeting and the Minutes should show her with an Excused Absence instead of being present.  Also, the number of votes will change throughout the report, from 5-0 to 4-0, on Pages 2, 3, and 6. 

Acting Chairman Placencia asked for a motion to approve the minutes as amended.

 

Mr. Beigel made a motion to approve the minutes as amended.

 

Mr. Norris seconded the motion. 

 

The minutes were approved 4-0.

 

Mr. Morgeson noted that pursuant to the Land Development Code, it states that the regular Board would be 7-regular members and an Alternate, but right now the Board of Adjustment sits with only 4-members.    He explained that all members would have to vote Aye to grant a variance.

 

Acting Chairman Placencia explained to the applicants that there are 4-members present and one Nay vote, would deny this application. 

 

NEW BUSINESS:

 

1.                  Requests for Variances

 

           (a)        CASE NUMBER:                  2005-04

            OWNER:                                Dorsey Hamrick

            APPLICANT/AGENT:          Danny Quinn

            ADDRESS:                            1013 Indiana Avenue

 

The Applicant is requesting a variance to the requirements of the Land Development Code Table III-4 to allow a reduced minimum lot width in the R-2 Zoning District.

 

Acting Chairman Placencia asked the applicant if he would like to proceed knowing that there is a 4-member board.

 

Mr. Quinn noted he would like to proceed.

 

Mr. Nearing and Mr. Danny Quinn were sworn in.

 

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

 

Chairman Placencia asked if duplexes could be built on the subject property.

 

Mr. Nearing noted it would be possible, but the applicant would like to build two homes.

 

Mr. Placencia asked what the two-family dwelling district was.

 

Mr. Nearing noted that the district consists of single family homes, duplexes and cluster homes.

 

Acting Chairman Placencia asked if it would be possible for duplexes to be built on the property.

 

Mr. Nearing noted that it would be possible to have a duplex, but the applicant would like to build 2 homes on 2-50’ wide lots instead, which would be compatible with most of the homes which are adjacent to the area.

 

Mr. Beigel asked if there was a single story framed building on the property now. 

 

Mr. Nearing noted that was correct.

 

Mr. Beigel asked if that would come down.

 

Mr. Nearing noted it would remain.

 

Mr. Beigel asked how they would build 2 houses on that lot when there is already a building on it.

 

Mr. Nearing noted the applicant is telling him that the existing house will be demolished which was not noted in the application.  

 

Mr. Morgeson noted that the Acting Chairman could ask the applicant to state that for the record and the Board could consider putting the appropriate condition on the variance.

 

Mr. Nearing explained that the recommendation is that the owner must secure and execute demolition permits for the two non-conforming accessory structures within 60 days of the creation of the new lot. 

 

Acting Chairman Placencia asked if that would also be a condition that Staff would consider.

 

Mr. Nearing noted the current Staff recommendation could be amended to specifically identify the outbuildings on Lot 18 and 19 and the existing non-conforming structure on Lot 17. 

 

Mr. Beigel asked if there was a building on Lot 16.

 

Mr. Nearing noted that Lot 16 is part of Lot 17 and they would be treated as one piece of property.

 

Mr. Beigel asked if there were 3 structures coming down. 

 

Mr. Nearing noted that there are a total of three.

 

Mr. Beigel asked if the report should be amended to show this.

 

Mr. Morgeson noted that the Board should confirm with the applicant but once the motion is made, whether it is in favor or not, if it is an affirmative vote and the 6 criteria were met.  The Board could impose conditions that they felt appropriate if any are needed. 

 

Mr. Quinn approached the podium and explained that all the existing buildings on the 4-25’ lots are coming down, outbuildings, sheds, houses; all of them.

 

Mr. Norris asked what will be built there.

 

Mr. Quinn noted that 2-single family houses would be built there.  He stated there were 2 separate plot plans submitted showing the houses to be built there.  Mr. Quinn noted that it would be acceptable for the Board to make the condition that all structures will be demolished and rebuilt. 

 

Mr. Beigel noted that there are 2 outbuildings and a house.

 

Mr. Quinn noted the 75’ parcel had two old houses, which now would be non-conforming.  Mr. Quinn noted he did not want to build a duplex on the 75’ foot lot and design and build a house on the 25’ foot lot.  Instead, there will be 2 structures; they would be single family, detached, on their own lots.

 

Mr. Morgeson noted that if someone could make a motion, accepting the recommendation of Staff that the factors have been considered and either met or if some or all have not been met, move for approval or disapproval.  If moving for approval, the homes are to be centered on the lots similarly structured and all existing structures be demolished with the appropriate permitting.  Mr. Morgeson noted that a motion needs to be made encompassing everything and wait for a second to the motion and then it can be voted on if it’s acceptable.  Mr. Morgeson noted that the motion should come from another member of the Board besides the Chairman.

 

Mr. Nearing noted the intent is to grant a variance for both lots.

 

Ms. Paulson made a motion to approve the variance with conditions as follows:

 

1.                  The owner must secure and execute demolition permits for all existing structures to demolish within the creation of the new lots.

2.                  Two single-family dwellings shall be constructed on two-equal 50’ wide lots.

 

Mr. Morgeson noted that there was an omission on Page 4 of the minutes regarding the motion by Ms. Paulson and the 6 criteria having been met as recognized in the motion.  It’s an omission to who seconded the motion back on the 13th of April.  Based upon the attendance that night, it would have been either Mr. Norris or Mr. Beigel.  He stated there needed to be clarification on that. 

 

            3.         The 6-criteria have been met.

 

Mr. Beigel seconded the motion.     Corrections (in Italics) made as requested by Jack Morgeson at June 8, 2005 meeting.

 

Acting Chairman Placencia read the ballots. 

 

All Ayes 4-0 to approve the variance. 

 

            (b)        CASE NUMBER:                  2005-05

                        OWNER:                                JoAnn Goins

                        APPLICANT/AGENT:          JoAnn Goins

                        ADDRESS:                            1028 Montana Avenue

 

The Applicant is requesting a variance to the requirements of the Land Development Code, Table III-4 to allow a reduced minimum lot width in the R-2 Zoning District.

 

Mr. Nearing and Mr. Goins were sworn in.

 

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

 

Mr. Beigel stated that at the time the applicant deeded the 3.7’ of property to the neighbor, the lot size was only 50’.

 

Mr. Nearing explained that a 50’ was a lawfully conforming lot, which changed in 2000 when the City changed the rules for the zoning categories.

 

Mr. Beigel asked if the address is on Montana Avenue or 11th Street.

 

Mr. Nearing noted it was on Montana Avenue.

 

Mr. Beigel asked for clarification of the addressing because of the direction of the house.

 

Acting Chairperson Placencia asked why the property was deeded originally.

 

Mr. Nearing indicated that the reason is unknown.

 

Acting Chairman Placencia asked Mr. Goins if his mother owned the property in 1989.

 

Mr. Goins noted that he is representing his Mother who owns the property and stated that she did own the property at that time.

 

Acting Chairman Placencia asked Mr. Goins if he knew why his mother deeded the portion of property to the property north of hers.

 

Mr. Goins indicated that his mother had sold the piece of property to the north and in order to make it conforming for the sale Ms. Goins was advised to deed an additional 3.7’ to the seller.

 

Acting Chairman Placencia asked if Mr. Goins received proceeds from the additional 3.7’ of property.

 

 

 

Acting Chairman Placencia asked if Ms. Goins currently lived in St. Cloud.

 

Mr. Norris asked how wide the property to the north was after the additional 3.7’ was deeded to them.

 

Mr. Goins stated that it did not make the lot a conforming size, but the Title Company did not want to issue Title Insurance on a house that was only 1.3’ from the property line, so they asked for the 3.7’ to give it a legal setback of 5’ from the property line.

 

Mr. Beigel asked if the location map depicted that all the lots in the area are all different sizes.

 

Mr. Nearing noted it was and that it was not uncommon to have several different sized lots located on the same block.

 

Mr. Goins noted the plan for the home is approximately 1250 square feet with a two-car garage and a front porch.  It is 26’ wide without encroaching and asking for any setback variances. 

 

Acting Chairman Placencia expressed concern about the trees on the corner of 11th street.

 

Mr. Goins noted the trees will stay and that the house was designed to keep the trees on the lot.

 

Acting Chairman Placencia stated his second concern was if the proposed house will protrude forward more than the other houses that are on Montana so that it looked awkward from the street.

 

Mr. Goins noted it is almost in line with the house to the north.   He indicated that the house sits back from the front property line on Montana 38’. 

 

Acting Chairman Placencia asked if that setback included the porch.

 

Mr. Goins said that it was and then stated that there is an additional 12’ from the property line to the actual road edge.  Mr. Goins continued to explain that the house would be in line with the neighbor to the north and sit back more than the neighbor to the south whose front setback is only 25’.

 

Mr. Beigel clarified that the home would sit back farther than the required setback of 25’.

 

Mr. Goins indicated that he is trying to conform more with the house to the North so that it does not stick out more than the other homes.

 

In response to discussion about conditions for the variance, Mr. Nearing noted that all that can be built on this lot is a single-family detached home, so it is not necessary to have it as a condition.

 

Mr. Nearing then noted that one of the problems with putting a condition on the trees remaining is if one of the trees gets diseased or if one dies, it would cause the variance to be out of compliance.  He recommended that the Board not place a condition on existing vegetation.

 

Ms. Paulson made a motion to approve the variance with the following condition:

 

1.                  That the owner/applicant builds a single-family dwelling on the lot.

 

All 6-criteria have been met.

 

Mr. Norris seconded the motion.

 

Acting Chairman Placencia read the ballots.

 

All Ayes 4-0 to approve the variance.

 

ADJOURNMENT

 

Mr. Beigel made a motion to adjourn.

 

Mr. Norris seconded the motion.

 

The meeting was adjourned at 7:15 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)