CALL TO ORDER: 6:30 P.M.
LOCATION: ST.
CLOUD COUNCIL CHAMBERS
1300
NINTH STREET, 3RD FLOOR
PLEDGE OF ALLEGIANCE
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
APPROVAL OF MINUTES:
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.
OLD BUSINESS:
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”.
NEW BUSINESS:
(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”.
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
