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January 11, 2006


CALL TO ORDER                                6:30 P.M.  

LOCATION:                                        ST. CLOUD COUNCIL CHAMBERS

                                                            1300 NINTH STREET, 3RD FLOOR


ROLL CALL                                        Kimberly Paulson           (Chairperson)                 (P)

                                                            Carl Beigel                     (Vice Chairperson)        (P)

                                                            Pete Placencia                                                    EA

                                                            Greg Norris                                                       (P)

                                                            William Spinola                                                  (P)

                                                            Robert Paulsen                                                   (P)


STAFF MEMBERS:                                David Nearing, Director of Planning and Zoning

                                                            Sherry Taylor, Administrative Secretary

                                                            Jack Morgeson, City Attorney


Mr. Nearing noted that changes have been made to the Land Development Code.  The Board now consists of five (5) regular members and 2 alternates.  The quorum is three (3), which means; only three (3) members need to be present to conduct the meeting.   If there are only three (3) members present, Mr. Morgeson will ask the applicant if they would like to wait for a full board or proceed with the meeting.


APPROVAL OF MINUTES:                    November 9, 2005


Mr. Beigel made a motion to approve the minutes.


Mr. Norris seconded the motion.


All Ayes 5-0 to approve the minutes of November 9, 2005.




1.                   Requests for Variances


           (a)        CASE NUMBER:                       2006-03

            OWNER:                                  Advanced Marine Services

            APPLICANT/AGENT:               Jason Wagner with Advanced Marine Services

            ADDRESS:                               301 E. 13th Street


The Applicant is requesting a variance to the requirements of the Land Development Code; Section 3.20.2.C.1 to allow a 6’ fence in the front yard.


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


Mr. Nearing noted Staff recommends approval.  The 6-criteria have been met.


Mr. Beigel asked if this was the old location or a new site.


Mr. Nearing noted it was a new site.


Mr. Beigel asked if the old location has a 6’ fence already.


Mr. Nearing noted the applicant is not moving, they are expanding to a site across the street. 


Mr. Beigel noted he thought the 6’fence had been approved on the old property. 


Mr. Nearing noted it was approved and the applicant is just now getting permits.  Mr. Nearing noted it will have repair facilities to repair RV’s and other equipment.  It is better that the applicant explain to you the business that is being planned.


Mr. Morgeson noted, prior to the applicant addressing the board, just for the record, the Land Development Code does not allow the Board to consider non-conforming uses of property in the same zoning area or permitted uses of other property in other districts when looking at this case.  The LDC requires each case be looked at based on itself.  The 6-factors must be considered as it relates to the new business location.


Mr. Jason Wagner, the applicant, noted business has been good and the owner of the RV sales is retiring and the opportunity arose to buy the property.


Mr. Spinola asked if the fence was going around the building or the front three sides.


Mr. Wagner noted that the building has a 6’ wooden fence where it borders 2 houses.  The 2 sides and the front would have the 6’ fence.  It will match what will go on the current property.


Mr. Beigel made a motion to approve the variance with conditions:  1. The fence shall be vinyl clad.  2.  The landscaping shall be maintained in compliance with the approved plans associated with DRC cases 01-51DR and 02-119.01.  All 6-criteria have been met.


Mr. Paulsen seconded the motion.


Mr. Morgeson noted an Aye vote is in favor of the variance and a No vote is against the motion and against the variance.


All Ayes to approve the variance 5-0.


Mr. Nearing noted that an organizational meeting is usually held in April.  


Mr. Norris asked Mr. Nearing if changes were made to the Land Development Code to reflect the bicycle parking. 


Mr. Nearing noted that the Land Development Code had been changed to reflect bicycle parking at shopping centers.    




The meeting adjourned at 7:01 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