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CITY OF ST. CLOUD

BOARD OF ADJUSTMENT

MINUTES

February 8, 2006

 

CALL TO ORDER                            6:30 P.M.  

LOCATION:                                      ST. CLOUD COUNCIL CHAMBERS

                                                            1300 NINTH STREET, 3RD FLOOR

PLEDGE OF ALLEGIANCE

ROLL CALL                                      Kimberly Paulson         (Chairperson)               (P)

                                                            Carl Beigel                   (Vice Chairperson)       (P)

                                                            Pete Placencia                                                  (P)

                                                            Greg Norris                                                      (P)

                                                            William Spinola                                     (P)

                                                            Robert Paulsen                                     (P)

 

STAFF MEMBERS:                            John Groenendaal, Planner

                                                            Sherry Taylor, Administrative Secretary

                                                            Jack Morgeson, City Attorney

 

Council Member Jeff McCorkle presented the Board members with Gifts and Certificates of Appreciation and thanked each of them for devoting their time and effort to the Board of Adjustments. 

 

APPROVAL OF MINUTES:              January 11, 2006

 

Mr. Spinola made a motion to approve the minutes. 

 

Mr. Beigel seconded the motion.

 

All Ayes 5-0 to approve the minutes.

 

NEW BUSINESS:

 

Requests for Variances

 

Chairperson Paulson requested anyone that will be speaking on behalf of their case come forward and be sworn in.

 

All persons that came forward were sworn in.

 

            (a)        CASE NUMBER:                    2006-04

                        OWNER:                                 Anna M. Buchanan

                        APPLICANT/AGENT:            Anna M. Buchanan

                        ADDRESS:                              1211 6th Street

 

VARIANCE PETITION DETAILS:   Applicant is requesting a variance to the requirements of the Land Development Code, Table III-4 to allow a reduced front setback in the R-2 Zoning District.

 

Mr. John Groenendaal presented the case.  (See Staff Report) All 6 conditions have been met.  Staff recommends approval. 

 

Mr. Morgeson asked Ms. Buchanan to approach the podium so that the testimony will be heard and on the record.

 

Ms. Buchanan introduced herself to the Board.  Ms. Buchanan noted that it will be a small, new room.

 

Mr. Paulsen asked if there would be electrical added to it.

 

Ms. Buchanan noted that there would be electrical added.

 

Mr. Morgeson noted the Board should refer to the Staff Report to see if the 6-criteria have been met.

 

Mr. Placencia made motion to approve the variance.  All 6-factors have been met.

 

Mr. Norris seconded the motion.

 

All Ayes 5-0 to approve the variance.

 

2.         (b)        CASE NUMBER:                    2006-05          

                        LOCATION:                           1018 California Avenue

                        APPLICANT:                          W. Scott Urban

                        OWNER:                                 Gary Ketchum

 

VARIANCE PETITION DETAILS:   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. John Groenendaal presented the case.  (See Staff Report).  All 6-criteria have been met.  Staff recommends approval with the following conditions:

 

1.      Within 30 days of the recording of the lot split, the owner must obtain and begin the execution of a permit to demolish the structures; or

2.      Within 60 days obtain a permit for a new home on the lot and commence construction.

 

Mr. Gary Ketchum addressed the Board. 

 

Mr. Placencia asked Mr. Ketchum if he had the elevation of the lots.

 

Mr. Ketchum noted he did not have those with him.

 

Mr. Placencia asked what size homes will be put on the lots.

 

Mr. Ketchum noted they would each have 3 bedrooms, 2 bathrooms.

 

Mr. Placencia asked what style homes they will be.

 

Mr. Ketchum noted he would probably be selling the property for Mr. Urban.  Mr. Ketchum noted he would be building 2 – 3 bedroom 2 bathroom homes and stated if he could get approved to build a duplex, he would consider doing that.  He stated he did not have the plans with him.

 

Mr. Placencia asked Mr. Ketchum if he was with Distinctive Homes.

 

Mr. Ketchum noted he was the owner of the property.

 

Mr. Placencia noted that Mr. Groenendaal had stated duplexes could not be built on the property because the lot is not wide enough.

 

Mr. Placencia asked if he would be applying for a variance to do that.

 

Mr. Ketchum noted he would not be applying for a variance.

 

Mr. Groenendaal noted Staff would not support a variance for a duplex.

 

Mr. Morgeson noted it would be 60 days from the date that the variance was granted.  The Board has the right to impose whatever conditions that they feel appropriate.  If the Board wishes to grant a variance and the conditions are not met, the variance will be revoked and the property will fall out of compliance.

 

Mr. Placencia asked Mr. Ketchum if he had received any opposition from the neighbors.

 

Mr. Ketchum noted he had received no opposition from the neighbors that he had talked to.

 

Mr. Groenendaal noted he received a phone call from one of the neighbors and she was happy because single family homes are being built and not duplexes.

 

Mr. Beigel noted he still had a question about the lots.

 

Mr. Groenendaal explained that there are 7 lots under Mr. Ketchum’s ownership, (Lots 6-12).  These are the original lot lines that were created when the City was platted, so, Lots 6 and 7 will be their own lot, if the variance is granted, 8, 9, and 10 will be their own lot and then Lots 11 and 12 will be their own lot.

 

Mr. Placencia asked if the lots had any issues with standing water.

 

Mr. Ketchum noted that he is not aware of any. 

 

Mr. Placencia asked Mr. Ketchum how long he had owned the property.

 

Mr. Ketchum noted that he had owned the property about 3 years and is not aware of any problems.

 

Mr. Beigel asked Mr. Ketchum if he would live in the center lot and sell the other side lots.

 

Mr. Ketchum noted he would be living there for awhile until he builds another house.

 

Mr. Groenendaal noted that the carport currently meets setbacks.  If the address is off California, the garage will be 5’ to the north, 15’ to the south, 5’ along the center line, so the setbacks will be ok.

 

Mr. Norris asked if an accessory structure could be on a lot by itself.

 

Mr. Groenendaal noted that the second condition states that the applicant will have to have the permit for the house pulled within 60 days.

 

Mr. Norris asked if the garage would stay.

 

Mr. Groenendaal noted the garage would stay.

 

Mr. Beigel asked if that would still be a 25’ setback.

 

Mr. Groenendaal noted it would be a 25’ setback for that zoning category.

 

Mr. Beigel noted if the garage stays it has to be so many feet away from the house, and if a new house is put in, it won’t be level with his house.  He noted he is looking at all possibilities to keep the garage there. 

 

Mr. Morgeson noted he thought the Board wants to refrain from speculating about future uses and future property owners.  The Board has benefited by being restricted about this applicant’s request and whether or not the applicant’s situation meets the criterion that is proposed in this report from Staff. Mr. Morgeson noted the Board could use the 6-criteria as a guidepost with what the applicant is seeking to do and determining whether or not the applicant has met the 6-criteria.   He noted it is over-reaching about a future applicant coming forward with a future variance request, and that should not impact the decision in regard to tonight’s application.

 

Mr. Placencia made a motion to approve the variance with the following conditions: 

 

1.           Within 30 days of the recording of the lot split, the owner must obtain and begin the execution of a permit to demolish the structures; or

2.           Within 60 days obtain a permit for a new home on the lot and commence construction.

 

All 6-criteria have been met.

 

Mr. Spinola seconded the motion with the conditions listed.

 

Mr. Norris asked if the 30 days and 60 days can be clarified.  The 30 days is recording of the lot split, to begin and execute a demolition and the 60 days is from tonight should it be granted. 

 

Mr. Morgeson noted that Mr. Placencia had read the conditions verbatim and his motion was seconded. 

 

Mr. Placencia noted he may have not read the condition correctly.

 

Mr. Norris noted there were two (2) deadlines.

 

Mr. Morgeson noted that one is for 30 days of the recording of the lot split.  Condition #2 is 60 days from the date of obtaining the variance being approved. 

 

Mr. Groenendaal indicated that the conditions are Staff’s recommendation.

 

Mr. Morgeson asked the Board if the conditions should be read again to make sure the motion is clear.

 

Mr. Placencia repeated the motion to approve the variance with the following conditions:

 

1.   Within 30 days of the recording of the lot split, the owner must obtain and begin the execution of a permit to demolish the carport;

2.   Within 60 days obtain a permit for a new home on the lot and commence construction. 

c

This would be two permits for two new homes?

 

Mr. Groenendaal noted that it only be the North piece because there is no non-conforming structure in that situation.

 

Mr. Morgeson asked Mr. Groenendaal if the condition stated in the report would be acceptable.

 

Mr. Groenendaal noted the conditions listed are acceptable.

 

Chairperson Paulson noted she would like to clarify the conditions, it is Staff’s position, the applicant has satisfied the 6-criteria, therefore, Staff recommends approval for reduction of the width of two new lots, from 62.5 to 50’ with the following conditions:

 

1.      Within 30 days of the recording of the lot split, the owner

      must obtain and begin the execution of a permit to demolish the carport;

2.   Within 60 days obtain a permit for a new home on the lot and commence           construction. 

 

Mr. Morgeson asked Mr. Placencia if his motion included the 6-criteria being met.

 

Mr. Placencia noted that his motion included the 6-criteria being met.

 

Mr. Morgeson noted on that clarification, the Board may want to confirm the second.

 

Mr. Spinola noted he had seconded the motion.

 

All Ayes 5-0 to approve the variance.

 

The variance was approved with the 2 conditions.

 

3.         (c)        CASE NUMBER:                    2006-06

                        LOCATION:                           518 Virginia Avenue

                        APPLICANT:                          Cassandra Miranda

                        OWNER:                                 Cassandra Miranda

 

VARIANCE PETITION DETAILS:   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. Groenendaal presented the case.  (See Staff Report)  All 6-criteria have been met.  Staff recommends approval with the following condition:

 

1.      Within 30 days of the recording of the lot split, the owner must obtain and begin the execution of a permit to demolish the existing screen room or reduce the depth of the screen room to 5’

 

Mr. Placencia asked about the floor plan.

 

Mr. Charles Robertson introduced himself to the Board and explained that the home would be a 3- bedroom, 2-bath home.

 

Mr. Placencia asked if the home was for the parents that were retiring to this area.

 

Mr. Robertson noted the parents would be moving into the existing home and Ms. Miranda would be moving into the new home.

 

Mr. Placencia asked what the size of the existing house is.

 

Mr. Groenendaal noted it is 1100 square feet approximately. 

 

Chairperson Paulson noted the agent on this case should be sworn in.

 

Mr. Marcelino Correia was sworn in.  Mr. Correia noted that he is the Agent along with Mr. Robertson.  Ms. Miranda was not able to be at the meeting.

 

Mr. Correia noted it is a 4-bedroom and the bedrooms are quite small.  The house is 1100-1200 square feet, not including the screen room.

 

Mr. Placencia asked if the neighbors had a problem with the proposed project.

 

Mr. Correia noted that he had spoken to the neighbors and they had no negative responses.

 

Mr. Placencia asked if there was any water standing on the property.

 

Mr. Correia noted he had not noticed a problem with water standing on the property.

 

Mr. Paulsen asked if the front of the home would be facing Virginia.

 

Mr. Groenendaal noted with the setbacks, the applicant could not address off the other street.

 

Mr. Spinola noted that all 6-criteria have been met and made a motion to approve the variance with the following condition:

 

1.      Within 30 days of the recording of the lot split, the owner must obtain and begin the execution of a permit to demolish the existing screen room or reduce the depth of the screen room to 5 feet.

 

Mr. Placencia seconded the motion to approve the variance.

 

All Ayes 5-0 to approve the variance. 

 

The variance was approved with the condition.

 

 

ADJOURNMENT

 

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

 

The 2/8/06 minutes were approved at the meeting on 3/8/06, with a request that a correction be made on Page 3, Paragraph 8 - “Mr. Morgeson noted it would “be” 60 days from the date that the variance was granted.  The word “be” was added to sentence.  The correction has been made.