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) (P)
Carl
Beigel (Vice) (EA)
Pete
Placencia (P)
Greg
Norris (P)
William
Spinola (P)
Robert
Paulsen (Alt) (P)
STAFF MEMBERS: David
Nearing, Senior Planner
Jack
Morgeson, City Attorney
Sherry
Taylor, Secretary
APPROVAL OF MINUTES: July 11, 2007 (will be in next packet)
Mr. Paulsen (alternate) will be voting as a regular member.
NEW BUSINESS:
1. Election of Officers
A. Chairperson
Mr. Morgeson noted what is procedurally done is the Board
would nominate an acting chairperson for the coming year, and one or more
nominations and they would be voted on in the order in which they are
seconded. You would call for a nomination for a Chairperson.
Mr. Paulsen nominated Kimberly Paulson.
Mr. Placentia seconded the motion.
Chairperson Paulson asked if there were other nominations.
No other nominations.
Chairperson Paulson asked who was in favor.
All Ayes 5-0.
B. Vice Chairperson
Mr. Paulsen nominated Pete Placencia.
Mr. Spinola seconded the motion.
All Ayes 5-0.
2. Request for Variances
(a) CASE NUMBER: 2007-14
APPLICANT: Eddie Diaz
OWNER: Eddie
Diaz
ADDRESS: 424
Tennessee Avenue
VARIANCE PETITION DETAILS: Applicant is appealing a staff determination
regarding the requirements of the Land Development Code, Table III-4 to reduce
the lot size.
Mr. Nearing presented the case. (See staff report)
Mr. Nearing noted the 6 criteria have been met and staff
recommended approval.
Mr. Diaz introduced himself to the Board. He stated he
lives at 921 Columbia Avenue and own the property at 424 Tennessee Avenue. He
noted that everything Mr. Nearing stated was correct. He noted that he did not
know what constituted a duplex is two utilities. According to the County and
the state appraisers, it has to be appraised as a duplex. He noted he could not
sell the house because of that. The home is nice and the neighborhood has not
been changed at all.
Mr. Norris asked if the home is being used as a duplex. Are
two families living there?
Mr. Diaz noted it was. He stated when he originally bought
the home, he had his company on one side and he lived on the other side and
that is when he applied for a variance.
Mr. Norris noted that the situation is that it is a
non-conforming lot?
Mr. Diaz noted it was stated to be a legal non-conforming
lot.
Mr. Nearing noted Mr. Diaz is under code enforcement action
and this will cause that action to be removed.
Mr. Morgeson asked Mr. Nearing if the variance is granted,
code enforcement will be eliminated in regard to the property conforming to the
code.
Chairperson Paulson asked if it was always used as a duplex.
Mr. Nearing noted the whole history is not known, the
records do not go back that far, however, one record did indicate that it was a
single family detached home.
Mr. Diaz noted when he purchased it, it was a single family
home but it looked like it was a single family home with an in-laws quarters
and when it was purchased. When he bought it, he thought it was perfect
because he had his office on one side and home on the other. It wasn’t
really a duplex until the appraiser told him.
Mr. Paulsen made a motion to approve the variance. All
6-criteria have been met.
Mr. Placentia seconded the motion.
All Ayes 5-0 to approve the variance.
Mr. Norris made a motion to adjourn the meeting.
Mr. Spinola seconded the motion to adjourn the meeting.
All Ayes 5-0 to adjourn the meeting.
The meeting adjourned at 6:44 p.m.
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
