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CITY OF ST. CLOUD
BOARD OF ADJUSTMENT
January 11, 2006
CLOUD COUNCIL CHAMBERS
STREET, 3RD FLOOR
CALL Kimberly Paulson (Chairperson) (P)
Beigel (Vice Chairperson) (P)
Pete Placencia EA
Greg Norris (P)
William Spinola (P)
STAFF MEMBERS: David Nearing, Director of Planning
Taylor, Administrative Secretary
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.
(a) CASE NUMBER:
Wagner with Advanced Marine Services
ADDRESS: 301 E. 13th
Applicant is requesting a variance to the requirements of the Land Development
3.20.2.C.1 to allow a 6’ fence in the front yard.
Nearing presented the case. (See staff report).
Nearing noted Staff recommends approval. The 6-criteria have been met.
Beigel asked if this was the old location or a new site.
Nearing noted it was a new site.
Beigel asked if the old location has a 6’ fence already.
Nearing noted the applicant is not moving, they are expanding to a site across
Beigel noted he thought the 6’fence had been approved on the old property.
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
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.
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.
Spinola asked if the fence was going around the building or the front three
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.
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.
Paulsen seconded the motion.
Morgeson noted an Aye vote is in favor of the variance and a No vote is against
the motion and against the variance.
Ayes to approve the variance 5-0.
Nearing noted that an organizational meeting is usually held in April.
Norris asked Mr. Nearing if changes were made to the Land Development Code to
reflect the bicycle parking.
Nearing noted that the Land Development Code had been changed to reflect
bicycle parking at shopping centers.
meeting adjourned at 7:01
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
(407) 957-7203 St. Cloud, FL 34769