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CLOUD COUNCIL CHAMBERS
ROLL CALL Pete Placencia (P)
Nearing, Director of
Planning and Zoning
Orton, Planning Technician
Morgeson, City Attorney
OF MINUTES: April
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 of 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.
Beigel informed the Board that he had seconded the motion.
Morgeson noted that was the only change he noticed.
Chairman Placencia asked for a motion to approve the minutes of April 13, 2005.
Paulson made a motion to approve the minutes as amended.
Beigel seconded the motion.
Ayes to approve the minutes of April
(a) CASE NUMBER: 2005-06
ADDRESS: 2006 Cypress Avenue
Applicant is requesting a variance to the requirements of the Land Development
Code; Section 3, Table III-4 to allow a reduced minimum rear setback for a new
were sworn in at this time.
presented the case. (See attached staff report). Mr. Nearing stated that all
6-criteria have been met. Staff recommends approval.
asked who staked the garage out.
noted he was not sure.
asked if the garage was inspected by the City.
noted that it was.
asked what the size of the garage was.
noted the applicant could answer that.
were swown in at this time.
noted it was a garage, electricity, no plumbing – 2-car garage facing
predominately the west and a side entrance.
asked how the applicant would get to the garage doors.
noted it would be through the grass, eventually they would apply for a
asked if the applicant would have to drive on other properties to get to the
noted she had a concrete approach going to the garage door, maybe 3-4 feet long
and does not plan on putting concrete all the way to Cypress Avenue.
noted he thought that was what the applicant was going to do.
noted there is an 18-19’ setback between the edge of the home and the western
property line. An 8’ driveway would easily fit within that and still maintain
the 5’ setback which is the minimum setback from the property line so they
could easily get a driveway through there.
noted a car would not have room to turn around without getting on the
The applicant explained
that she moved to St. Cloud in October, decided to build a swimming
pool and a garage. She stated she met with the Building Department and the
Planning Department to make sure she was doing everything correctly. She hired
a contractor to build her pool and when he poured the concrete for the pool he said
he could pour the concrete for the driveway at the same time. The surveyor
came out and staked everything out, and then the pool guy’s cement person came
out and put all the forms down, the City came out and approved it, then a
couple of days later, they poured the cement, they came back and removed all
the forms. Two months later, she got a survey showing it was only 6.5’ from
the property line. The garage had been built on the assumption that, everything
Chairman Placencia asked the applicant if the garage sets at an angel and if
the garage could be moved towards Cypress Avenue 1’.
reminded the Board that the variance is for the setback, not how she would get
into her garage.
Chairman Placencia asked the applicant if the guttering would go around the
noted she was not sure if it would be the entire building, her husband would be
handling that, but noticed with all the rain falling, that gutters are needed
in the rear by the pool.
Chairman Placencia asked if there was any run-off in the back yard.
noted there was no run-off but the pool overflowed from the rain, gutters are
Chairman Placencia asked the applicant where the run-off would go.
noted that guttering will be installed on that side of the garage and then
somehow have it go down along the side and up to Cypress Avenue
because all the drainage is on that side of the house.
asked which way the roof sloped on the garage, from the north to south, or
front to back of the property.
noted it would be northwest and southeast.
Chairman Placencia asked if anyone had questions or would like to speak on the
Johnston introduced himself to the Board and noted he does not live at the
neighboring property, it was purchased as
an investment and he lived on Lakeshore. He stated that the adjoining property
owner put in a pool and it has always had a flooded front yard. He stated
that he wants to make sure the water will be going away from his yard. He would
like to have an independent surveyor go in and take elevations of the lot and
make sure the water is falling to Cypress
Avenue and the drainage of
the roof of the garage is going to Cypress
Avenue. Mr. Johnston
noted he had a background in drainage and just because there would be
downspouts and channeled to the Southeast does not mean it will drain to the
road. The water issue is very important and he would like to have
documentation that the water will be draining to Cypress Avenue and would like
some assurance that the water will run somewhere other than on to his property.
explained in addressing the variance issue, the Land Development Code allows
the Board to impose conditions that they feel is reasonable and appropriate and
if the Board imposes conditions on a variance that becomes part of the variance,
and as long as the conditions are met, the variance is in place. If the
conditions, for whatever reason are not met, that serves as grounds for
revocation of the variance. He recommended that the Board ask the applicant if
she is in agreement with the City’s recommendation to address the property to
the North’s concerns...
asked if the conditions would be to request gutters.
noted it would be whatever the Board thinks the appropriate conditions should
noted if the Board places a condition on the variance to survey the property to
see if it drains from the North to the South, and they find that it doesn’t
drain from North to South, it could be a major issue.
noted that the conditions deal with the variance. The variance tonight is
simply a rear setback it’s not dealing with the issues of drainage; it’s
dealing with a 1’ encroachment into a rear setback.
Chairman Placencia asked if there were any other comments.
Schneider introduced himself to the Board. He stated he has lived at 2023 Lakeshore Blvd, for 34 years and he knows the applicant
and her husband. His concern is the large garage and that a business would be
started. He then stated the water drains off to Dakota Avenue
in the big canal to the big lake.
Ms. Watson stated
her husband is not an auto-mechanic, and the reason they have such a large
building with electric, air conditioning, etc., is because they have two
classic cars and it will also be used as storage. There are no plans to do
Mr. Morgeson reminded
the Board that when making a motion, specify that the 6-criteria that were
contained in Staff’s memo have, or have not, been met, and either move in favor
or denial of the variance.
asked Mr. Morgeson if there could be something in writing for future homeowners
of his property.
explained that the Board would address the variance, if the variance is
granted, it will be in the record with the minutes and if there’s conditions
imposed, it will be in part of the file and anyone can pull those records and
if it is denied, it will be the same record.
asked if he could get a copy of the records.
noted he could have a copy, that it is public information.
Chairman Placencia asked if there was any discussion. The floor is open for a
noted he wasn’t sure if the Board could put a condition on the variance about
the drainage. He asked Mr. Morgeson for guidance.
explained that the Board needs to express on record and go through the
6-factors that are listed that are more abbreviated in the Staff memo of June 1st.
The 5-members of the Board need to discuss the 6-factors and talk about whether
or not a condition needs to be imposed.
noted she is not comfortable in making any guarantees.
noted the rules of the BOA are not making a guarantee. The Board has to focus
on if the 6-factors have been met. If so, is there a condition or set of
conditions that the Board feels should be attached; a Board member would
suggest them through a motion. It will either die for lack of a second or it
will be seconded, discussed and voted on.
made a motion finding that the 6-criteria have been met. He moved to grant the
variance with the condition that the gutters and downspouts are installed on
the garage in order to divert the water towards the South of the property
towards Cypress Avenue
Chairman Placencia asked if there was further discussion, amendments to the
condition or a second motion.
seconded the motion.
noted the Board could discuss the motion or take a vote.
All Ayes to
approve the variance with the conditions noted.
The motion was
approved with the conditions noted.
asked that a correction be made – it is 2006
Cypress Avenue and her
name is not Marion, it is Marianne.
Chairman Placencia apologized to Ms. Watson.
made a motion to adjourn.
seconded the motion.
All Ayes to
adjourn the meeting.
adjourned 7:35 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)
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)
Taylor, Secretary City of St. Cloud
of Adjustment 1300 Ninth Street
957-7203 St. Cloud,