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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)              (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.




            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.




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