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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)            A

                                                            Carl Beigel                 (Vice)              P

                                                            Pete Placencia                                    P

                                                            Greg Norris                                        EA

                                                            William Spinola                                  P                     

                                                            Robert Paulsen          (Alt)                 P


STAFF MEMBERS:                         David Nearing, Director of Planning and Zoning;

                                                            John Groenendaal, Senior Planner;

                                                            Jack Morgeson, City Attorney

                                                            Kimberly Davies, Planning and Zoning Tech





Mr. Morgeson stated that due to the clerk being called away unexpectedly, the minutes are not included in the packets, and approval of the minutes should be continued to the next meeting.


The board agreed to continue the approval of the minutes with a vote of 4-0.




Mr. Morgeson state there were two members absent and it is the Board’s decision if they wish to proceed with election of officers tonight, or continue the matter to the next meeting.


Mr. Beigel motion to continue the elections to next months meeting.


Mr. Paulsen second the motion.


The motion was approved 4-0 with all members voting “Aye”.




(a) CASE NUMBER:            2007-12

                 APPLICANT:                    Denken Holdings, LLC

                 OWNER:                           Denken Holdings, LLC

                 ADDRESS:                       703 17th Street


VARIANCE PETITION DETAILS: Applicant is appealing a staff determination regarding the requirements of the Land Development Code, Table III-4 to allow a reduced minimum front and rear setback.


Mr. Nearing reviewed the case.  He stated it was a unique case by asking for variance prior to the lots existence.  There are plans to create three lots.  The applicant is requesting allowance on lot 3 for front and rear setbacks with a 7 foot reduction.  The County requires that addresses be off of the street the front door is facing.  The lot meets the requirements but would create an unfeasible duplex. 


Mr. Beigel asked what is on the lots opposite of Illinois.


Mr. Nearing stated it was a duplex.


Mr. Beigel asked why the applicant was trying to get 3 lots rather than 2.


Mr. Nearing stated he was trying to get all 3 lots to have duplexes, and the addressing creates a problem for lot 3.


Mr. Beigel  asked if the address has to be off Russell.


Mr. Nearing stated yes, but would like lot 3 to be off of 17th Street, and do not want driveway access to Michigan Avenue.  Staff has recommended a condition that requires access off of 17th Street with only one curve cut .  That access will split into 2 accesses on the property to serve both units.


Mr. Spinola asked if the driveway would face 17th  Street.


Mr. Nearing stated it would be for lot 3 only.


Mr. Nearing stated that when the lots were divided, the City required the giving of 15 feet for right-of-way. He stated that if the applicant was not required to give the 15 feet, they would not be here tonight, so if granted, it would be the minimum required.  Mr. Nearing stated the granting of request would not be creating anything out of character for the area.


Mr. Paulsen asked if the driveway was as far from Michigan Avenue as possible, and how far from the lot line does access have to be.  He also asked what the distance from the driveway to the lot line has to be.


Mr. Nearing stated the driveway can go within 5 feet of the lot line.


 Dennis Prince-the applicant, stated he will try to meet the setbacks.  He stated they are trying to meet the back setback, but can meet the front.  He stated that he took down an old house to put the duplex up.


Mr. Nearing stated it was advertised for front and rear setback variances with no specifics given to allow some flexibility.


Mr. Prince stated it was cheaper to do the driveway off of 17th Street but will do what’s needed .


Mr. Nearing stated staff can work with Mr. Prince on the placement of the curb cut off of 17th Street. 


Mr. Beigel asked if there was a motion from the floor for approval of 14 setback .


Mr. Paulsen stated he had a question on criteria 1.  Can the lots be reconfigured?


Mr. Nearing stated that this is reproduction of proposed final plat.


Mr. Beigel reviewed the criteria and asked if there were any questions.


Mr. Placencia   made a motion to approve the variance of 14 feet for the rear setback on future lot 3, with the condition the applicant cannot place the driveway within 80 feet of Michigan Avenue.  All 6-criteria have been met.


Mr. Spinola seconded the motion.


The motion was approved 4-0 with all members voting “Aye”.


(b) CASE NUMBER:            2007-13

APPLICANT:                   Robert Hensel

OWNER:                          Robert Hensel

ADDRESS:                      2040 9th Street


VARIANCE PETITION DETAILS: Applicant is requesting a variance to the requirements of the Land Development Code, Section 3.20.2.B.6 to reduce the setback.


Mr. Groenendaal stated Mr. Hensel was out of town on business.  Mr. Groenendaal reviewed the case.  He stated the house was built with permits and according to plans, then was brought to our attention that the ac pad was within the special setback.  Request to reduce setback from 10 feet to 7 feet. Six criteria were met.


Mr. Beigel reviewed criteria


Mr. Groenendaal stated it was not the fault of the applicant but an oversight by staff.


Mr. Paulsen stated that he drove by and does not appear to be an issue


Mr. Beigel asked if there was a motion from the floor.


Mr. Spinola made a motion to approve the variance with the condition of 3 foot and 2 foot on each side of the pad.  All 6-criteria have been met.


Mr. Placencia seconded the motion.


The motion was approved 4-0 with all members voting “Aye”.


Mr. Placencia made a motion to adjourn.


Mr. Spinola seconded the motion.


The motion was approved 4-0 with all members voting “Aye”.




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