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HomeMy WebLinkAbout1978 02 14 Board of Adjustment Regular Minutes . . . . e e - Board of Adjustment Meeting Tuesday, February 14, 1978 Community Building The meeting was called to order by Mrs. Carrie Weaver. The pledge of allegiance to the flag was led by Mr. Floyd Chase. Roll Call: Mrs. Carrie Weaver, present Mr. Floyd Chase, present Mrs. Jacqueline Palmer, present Motion was made by Mr. Floyd meeting. Seconded by Mrs. J. Mr. Steve Lind, present Mr. Frank Bracht, present Attorney Gary Massey, present (City Attorney) Chase to accept the minutes of the last Palmer. Motion carried unanimously. The first item of business was a request for a variance to allow gasoline pumps in conjunction with an existing foodstore (the Handy Way Food Store at S.R. 419 and US 17/92). Mr. Miller was present to speak for the variance. No one objected to this request. A question was asked about sufficient space, but it was determined there would be no problem. Mrs. VanEepoel spoke in favor of the request. Motion was made by Floyd Chase that the variance be allowed to put in a self-service gasoline station that will meet the requirements as outlined in the Code of the City of Winter Springs. Seconded by Frank Bracht. s Vote on the motion: Lind, aye; Bracht, aye; Palmer, aye; Weaver, aye; Chase, aye; motion carried unanimously. The second item of business was a request for a variance for a setback by Belmont Homes on Lot One, Block N, North Orlando Terrace, Section 4, Unit 1, P.B.17, page 30 of the Seminole County Public Records, (on the corner of Murphy Road and Cypress Court). Mr. Jack Sapp of Belmont Homes was present to speak for the request. Mr. Miner, Mr. & Mrs. Jackson, Mr. Pellerin, Mrs. VAnEepoel all spoke in discussion. Motion was made by Frank Bracht that we accept the variance for Belmont Homes on the lot located on the intersection of Murphy Road and Cypress Road and that the front yard setback be 20 feet and the backyard setback be 19 feet, and that the backyard shall be fenced and that a copy of this shall be given to the Building Department; especially looking at the problem of drainage in that particular area before the house plans are approved. Seconded by Floyd Chase. Vote on the motion: Lind, aye; Bracht, aye; Chase, aye; Palmer, aye; Weaver, aye; motion carried. Chairman Weaver said that the motion granted the variance with the stipula- tion that the fence be erected and also the building inspector be alerted to the fact of the drainage problem in the area and also any building that is done to fall within the building code and to alleviate any drainage problem in the area. The third item of business was a request by Cliff Jordan to erect two homes on Lot 9, Block B, Ranches Sec. 1. Mr. Jordan said he is representing Mr. and Mrs. Eugene Robinson. It was stipulated that Mr. Jordan's request was worded incorrectly. The Board of Adjustment has no authority to give him permission to erect two homes. Mr. Jordan then amended his request and asked that permission be granted to split the lot into two equal parts (1.826 acres each) so that a house could be built on each lot. . . . ; e. e Board of Adjustment Meeting Tuesday, Feb. 14, 1978 Page 2 Mr. Herb Watson, Mr. & Mrs. Van Eepoel, Mr. Bucciano, Mr. Pellerin, and Mr. Musgrove all spoke in discussion with the Board, against the splitting of the lot. Mrs. Van Eepoel stated that none of the lots that have been previously split were done legally and the intent of the Subdivision ordinance was incorrectly written. Mr. Musgrove said he was speaking for Mr. Phelps, Mr. Drebert, Mr. Parkhurst and Mr. Baccus. Mrs. Marty Perkins building on Stoner Road, spoke for the request. Mr. Jim Hartman spoke for the request. Attorney Massey stated that the variance is called for under subdivisions. The particular property here in question came before the Council and Council stated that because it was not covered under Chap. 14-3 they were going to require everyone to come before the Board of Adjustment to be allowed to split lots. The variance portions of Chap. 14 apply to basically subdivisions. The particular incident that was brought before Council which sent it to this Board wanted to split three acres into three one-acre parcels - that is when Council placed a moratorium on all splits of lots and sent it back to the Board of Adjustment. Motion was made by Floyd Chase that we give Mr. Jordan the variance with the conditions that no building permit can be issued for thirty days and the lots cannot ever be split again at any future time. Seconded by Steve Lind. Vote on the motion: Lind, aye; Bracht, no; Chase, aye; Palmer, aye; Weaver, no; motion carried. Mr. Chase said this decision can be appealed by anyone within thirty days before Council. Attorney Massey said the zoning classification needs to be changed to require a minimum of three acres. Attorney Massey also explained there is no way we can prevent the sale of the lot; however, the restriction on any building permit being issued would be just like a judge issuing a final judgment. BaSically, the attorneys do not take any action on that until the appeal time runs out. So Mr. Jordan would be forwarned that the decision could be reversed. Item 4 was a request to split a lot by Daniel J. Calapa on North Orlando Ranches, Section 2, Block 2, Lot 4. Mr. Musgrove spoke against the request; Mr. Hartman spoke for the request; Cliff Jordan spoke in discussion. Motion was made by Steve Lind that we approve the splitting of this lot requested by Dan Ca~apa on the parcel described as North Orlando Ranches, Section 2, Block 2, Lot 4, that they be divided as shown on the plot plans that they have. Seconded by Floyd Chase. Vote on the motion: Lind, aye; Bracht, aye; Chase, aye; Palmer, aye; Weaver, no; motion carried. At the next meeting the Board is to elect a Chairman and Vice Chairman. Meeting adjourned. Respectfully submitted, Carrie Weaver, Chairman mn