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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)            P

                                                            Carl Beigel                 (Vice)              P

                                                            Pete Placencia                                    P

                                                            Greg Norris                                        P

                                                            William Spinola                                  P

                                                            Robert Paulsen          (Alt)                 P

                                                            Deanna Merrill          (Alt)                 P


STAFF MEMBERS:                         David Nearing, Director of Planning and Zoning

                                                            Jack Morgeson, City Attorney

                                                            Sherry Taylor, Secretary


APPROVAL OF MINUTES:            September 13, 2006


The minutes were approved, 5-0.




            1.  Request 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, reduced minimum site area and a reduced minimum side setback in the R-1A Zoning District.


This case was continued from last months meeting.  Mr. Nearing presented the case.  See staff report. 


Mr. Nearing noted that Staff recommends approval with the following conditions:


            1.         When the new home is built, that it be setback a minimum of 13’ from the new     common property line, that will be the southerly property line of the new lot, so that it will continue to keep the same spirit of the setbacks in the R-1A zone.  The             applicant has designed the homes that the Board has seen, in such a way that they    can easily fit within a building envelope with a 13’ setback on one side and 7 ½’ on             the other. 

            2.         With what is ultimately built, will follow the general design concept submitted by                          the applicant and will fit the character of the neighborhood. 


Mr. Placencia arrived at 6:38.


Mr. Morgeson noted just for clarification for the Board, it appears on the Agenda that there are 3 issues with connection with the variance request.  Last month the lot width and site area were discussed – a 50’ lot request deviating from 62 1/2 ‘ and the lot size of 9,000 being reduced to 7,500.  Mr. Morgeson noted he does not recall if the side setback was discussed last month and didn’t see it in the notes in the minutes.   Mr. Morgeson noted those are the three areas being addressed at this meeting. 


Mr. Nearing noted those are the areas of discussion.  The side setback was not discussed at last month’s meeting, because it had not been advertised. 


Mr. Morgeson asked Mr. Nearing if this has been addressed and if it had been advertised.


Mr. Nearing noted it has been advertised.  The variance would be going from 7 ½ ‘ to 2’ which would be a variance of 5 ½’.


Mr. Morgeson noted the three aspects of this application is, the lot width, the site area and the side setback. 


Mr. Nearing noted if the lot width variance is granted, the other two run together.


Mr. Morgeson noted the Board would need to apply the 6-criteria to each of those three (3) aspects of the variance and all the criteria have to be answered in the affirmative in order for the Board to approve the variance request.


Chairperson Paulson asked if anyone would like to speak on this case.


Mr. Robertson approached the Board and asked if he could present copies of a letter from one of the neighbors. 


Mr. Morgeson noted the copies would become part of the record.


Ms. Lisa Moye of 317 Kentucky Avenue approached the Board and noted that she believes the letter the applicant is presenting to the Board is from a neighbor who lives in Indiana and is only in Florida 3 months out of the year.


Mr. Nearing told the Board about receiving a phone call from Mr. Karl Lauber who lives @ 323 Kentucky Avenue who stated he is familiar with both Mr. Robertson and his father as builders and has every confidence that the house will fit in nicely with the community.


Mr. Paulsen asked if the setbacks would be the same.


Mr. Robertson noted it would be.


Mr. Nearing noted the applicant would have to observe the 25’ setback.


Mr. Beigel made a motion to grant the variance and the 6-criteria have been met with regard to the lot width reduction, site area reduction and side setback reduction. 


Mr. Nearing asked if the motion included the two conditions recommended by Staff.


Mr. Beigel noted it did include the two conditions.


Chairperson Paulson asked for a second.


The motion died for a lack of a second motion.


Chairperson Paulson asked if there was any discussion.


Mr. Norris asked if the Board had concerns about the 6-criteria not been met, or if the Board does not like the 20’ house or what the concerns were.


Mr. Beigel noted he had concerns and has been driving by the property.  He noted it would conform there and add to the property and to that whole block.


Mr. Norris noted the concept would add to the appearance of the neighborhood.  He said he would like to talk a little more about the criteria. 


Mr. Nearing noted the applicant has a large lot on the block that does not have that many large lots in a zone that requires large lots but most of the lots on his block are not the same size and is looking for relief that would be consistent with the majority of the lots on the block. 


Mr. Norris asked if the lot would be sellable.


Mr. Placentia noted the variance would do with the land.


Mr. Morgeson noted if the applicant did not move forward


Mr. Nearing noted if someone came along and want to build on the lot.  The land records will show that there is a variance with conditions that goes with the property.


Mr. Norris asked if the photos will be part of the record.


Mr. Nearing noted they would go with the file.


Chairperson Paulson asked for a motion.


Mr. Norris made a motion to approve the variance.  He finds the 6-criteria have been met, and the three variances, granting the 50’ wide lot widths, granting the side setback variance to 7 ½’ to 2’ and reducing the square footage from 9,000 to 7,500 square feet with the conditions that the new home be built 13’ from the newly created property line and that the home be built with the general design concept as submitted.


Mr. Placentia seconded the motion. 


All Ayes 5-0 to approve the variance with the conditions listed.


1.      Discussion of changes of “Draft copy” By-laws


Mr. Morgeson noted that the revised by-laws for the BOA have been included in the packet. 


Mr. Morgeson noted the Board proposed that a verbal vote would be in order.


Mr. Morgeson noted the Board proposed that witnesses and applicants will not be sworn in.


Mr. Beigel asked if there was a quorum of 3 or 5.


Mr. Morgeson noted it did require 4-members of a 7-member Board, and earlier this year the LDC was changed to a 7-member Board, 5-member and 2-alternate members.  The quorum to 3-members and for approval of a variance application, 3 affirmative votes would have to take place.


Mr. Morgeson noted that on occasion you will be contacted by a participant on a case that will be before the Board, but what the member needs to do, is when the meeting is convened, the member needs to announce to the Board and the public that you have been contacted by an applicant or a neighbor of someone who is going to be addressing their position in regard to the Board and the member will have to explain what was discussed.  You must disclose an ex-parte discussion. 


Mr. Morgeson noted the only time a Board member cannot vote is when they are not here or if there is a conflict.  A conflict is if you have some sort of financial interest in the outcome of the case or if you have a direct family member that is before the Board and is going to be effected that would be deemed a conflict, the member should announce they are abstaining from participation in the case because of the conflict and fill out the paperwork that the clerk has and that will be kept on file.


Mr. Paulsen asked if the difference could be clarified about ex-parte between Board members.


Mr. Morgeson noted that was a sunshine issue.  Essentially, no discussion can take place with any members of the Board about anything that is going to be before the Board, which has been in front of the Board in the past or anything that could potentially come back.  The Board members cannot discuss privately about any of the cases that are on the Agenda without a notice to the public to attend.  Breaking Sunshine laws is a criminal charge. 


Mr. Norris made a motion to approve the draft copy of the by-laws as revised.


Mr. Beigel seconded the motion.


All Ayes 5-0 to approve the draft copy by-laws. 




Meeting adjourned @ 7:40 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



Correction made to Robert Paulsen’s last name.