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CALL TO ORDER: 6:30 P.M.
LOCATION: ST. CLOUD
NINTH STREET, 3RD FLOOR
PLEDGE OF ALLEGIANCE
ROLL CALL: Kimberly
Paulson (Chair) EA
Beigel (Vice) P
Paulsen (Alt) P
STAFF MEMBERS: David
Nearing, Director of Planning and Zoning
Morgeson, City Attorney
In absence of Kim Paulson, Robert Paulsen is acting as a
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.
(a) CASE NUMBER: 2006-14
& Heather Robertson
& Heather Robertson
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
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
Placencia asked the applicant if there was a potential sale of the property.
Robertson noted there is not a pending sale.
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.
CASE NUMBER: 2006-15
Harvey of Meritage Homes, Inc.
Capital Resources, Inc.
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
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
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.
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, FL 34769