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CALL TO ORDER:                          6:30 P.M.


LOCATION:                                      ST. CLOUD COUNCIL CHAMBERS

                                                            1300 NINTH STREET, 3RD FLOOR




ROLL CALL:                                    Kimberly Paulson       (Chair)            EA

                                                            Carl Beigel                 (Vice)             P

                                                            Pete Placencia                                    P

                                                            Greg Norris                                        P

                                                            William Spinola                                  P

                                                            Robert Paulsen          (Alt)                 P


STAFF MEMBERS:                         David Nearing, Director of Planning and Zoning

                                                            Jack Morgeson, City Attorney

                                                            Sherry Taylor, Secretary



In absence of Kim Paulson, Robert Paulsen is acting as a voting member.



APPROVAL OF MINUTES:            August 9, 2006


Mr. Greg Norris made a motion to approve the minutes.


Mr. Placencia seconded the motion.


The minutes were approved 5-0.


Mr. Morgeson suggested that the by-laws be discussed after the cases are heard if the Board has no objection.




2.  Requests for Variances


(a) CASE NUMBER:            2006-14

APPLICANT:                   Steven & Heather Robertson

OWNER:                          Steven & Heather Robertson          

ADDRESS:                      316 Massachusetts Avenue


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 and reduced minimum site area in the R-1A Zoning District.


The applicants were sworn in at this time.


Mr. Nearing presented the case.   Staff has three (3) options for the Board to consider.  See Staff Report.


Mr. Morgeson explained there are two issues before the Board. Two variance requests tonight whether or not allowing a lot split will then create two variances, to allow two lots of 50’ in width, each of which will then be 12.5’ deviating from the current requirement.  Secondly, the current requirements under the code say that the lot square footage needs to be 9,000.  By creating a 50’ wide, 150’ deep lot, that’s 7,500 square foot lot.  That’s a 1,500 square foot deviation from code requirements.  Those are the two issues before you tonight.  The Board needs to focus on the 6 criteria and the width and the square footage on the lot.  With this application, the Board has to determine if the 6-criteria have been met in regard to this application.  That will lead the Board to the decision will be under the Land Development Code.  Also, the Board could also offer the applicant the 3rd option of tabling this case to allow the final information to come back with the revised application in regard to the other issues. 


Mr. Placencia asked the applicant if there was a potential sale of the property.


Mr. Robertson noted there is not a pending sale.


Mr. Placencia asked if anyone else wanted to speak on this issue.


Ms. Lisa Moye was sworn in at this time.  Ms. Moye stated she lives at 317 Kentucky Avenue which is the lot behind 316 Massachusetts Avenue.  She has an issue already with privacy.   She has planted trees and also has a double fence.  She noted that one reason people have purchased these properties is that the lots are larger and the neighborhood is quaint.  She noted she does not want a two-story home built behind her because that would take away from her privacy. 


Mr. Placencia asked if she had a fence, trees, etc.?


Ms. Moye noted that she had a double fence around her pool and palm trees and you can still look directly into her property.  Ms. Moye asked what would be done about the flooding.  She stated every time it rains, she has a wash out problem.  Ms. Moye noted she bought her property without a 2-story house being behind her property.  Ms. Moye noted she is voicing her opinion as to what could happen. 


Mr. Placencia noted the concern about flooding definitely speaks about Criteria #6.   


Mr. Robertson noted that one option would be to build a stem wall.


Mr. Placencia noted he thought continuing the case until next month and the applicant comes back with drainage overall.  Mr. Placencia asked Ms. Moye to come to the next meeting.


Mr. Robertson noted he had a letter from one of his neighbors that is in support of what he would like to do.  He would like to supply a copy of this letter to the Board.


Mr. Morgeson noted if he submitted the letter, it would be part of the record.


Mr. Placencia stated if this case is going to be tabled that Mr. Robertson may want to wait until the next meeting to submit the letter.


Mr. Nearing stated if the Board would like to continue this cases to the next meeting, the meeting date will be October 11, 2006 at 6:30, here in the City Council Chambers.


Mr. Placencia made a motion to continue case until next month.


Mr. Paulsen seconded the motion to continue the case.


All Ayes 5-0 to continue the case until October 11, 2006.


            (b) CASE NUMBER:            2006-15

APPLICANT:                   Scott Harvey of Meritage Homes, Inc.

OWNER:                          Strategic Capital Resources, Inc.    

LOCATION:                    Michigan Estates                  


VARIANCE PETITON DETAILS:  Applicant is requesting a variance to the requirements of the Land Development Code, Section 3.20.2.B.1 to allow an extension of the fence height.


Mr. Nearing presented the case.  All 6-criteria have been met.  Staff recommends approval.


Mr. Placencia stated that he thought there used to be trees that helped hide the bus barn.


Mr. Nearing noted what was left there was some fence-line shrubbery.  The way the site was laid out, the trees that Mr. Placencia is referring to that had been on the property were within the building pads, therefore, they had been removed.  


Mr. Placencia asked if it was a requirement to replace the trees that were taken down.


Mr. Nearing noted certain ones have to be replaced and they do have a condition that two deciduous trees have to be planted on each lot.


Mr. Beigel asked if the property had wetlands on one side.


Mr. Nearing noted wetlands were on both sides.


Mr. Placencia asked if this was the only area where a fence would be.


Mr. Nearing noted it would be.


Mr. Placencia asked if it would be a PVC fence.


Mr. Nearing noted he thought that was the plan.  Mr. Nearing noted when PVC fencing is installed; it now has a metal rail that is wind resistant.


Mr. Beigel asked if there was any further discussion.


Mr. Norris made a motion to approve the variance.  All 6-criteria have been met.


Mr. Placencia seconded the motion to approve the variance.


All Ayes 5-0 to approve the variance.  The variance was approved.


1.  Discussion – Possible action of Board of Adjustment By-laws


The Board members discussed changes in the Draft Copy by-laws.  Requested changes will be made by the clerk and presented to the Board members for discussion on October 11, 2006.




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