HomeMy WebLinkAbout1978 08 16 Board of Adjustment Regular Minutes
BOARD OF ADJUSTMENT MEETING
CITY OF WINTER SPRINGS
AUGUST 16, 1978
The Meeting 'vas called to order by Chairman Weaver at 7:40 p.m. Members
Present: Weaver, Frank Bracht, Maurice Brown, Jim Samiljan, City Attorney Tom
Lang and City Planner Richard Rozansky. Mrs. Jacqueline Palmer was absent.
The pledge of Allegiance to the flag was led by Mr. Brown.
The minutes were read and approved.
The City Attorney was then asked for his legal interpretation of Section 44.21.
Mr. Lang stated in essence, that this section put very stringent limits on the
Board, and that petitioners must meet all of the requirements of Cl thru C6 of this
section. That this pertained to property rights and did not actually deal with
people rights. He felt that in instances where a petitioner did not meet each of
these sections, then the petitioner should apply for a Special Exception instead
of a request for a Variance. The petitioner would then be sent to the Planning
and Zoning Board which would treat the request as a spot zoning change and thereby
make recommendations. Mr. Lang also suggested that the only other alternative would
be to change the ordinance so that granting Special Exceptions would also become a
responsibility of the Board of Adjustment but with precise guidelines and procedures
set forth in the ordinance change.
Mr. Lang also suggested that we set up definite procedures of how to handle
meetings and/or public hearings. The Chairman of the Board will swear in each
person that wishes to speak before the Board, either pro or con. The petitioner
and/or his attorney would present his case and all the evidence concerned, then
Anyone objecting would present their argument. The petitioner will be allowed to
ask any questions pertinent to the issues and the opposing witness will be allowed
to ask questions of the petitioner. A rebuttal will then be allowed the petitioner.
Records must be kept of the meeting preferably cassette tapes that are to be
kept for a period of two years. All written documents of each meeting are to be
kept also.
The Board has the right and authority to promulgate its own rules. Those rules
not being followed, the Councilman in charge of the Board (Department Head) is then
to be contacted to insure observance of these rules.
The City Planner is to be considered an expert witness and can be questioned
for his expertise by members of the Board. His recommendations pro or con can be
given the Board verbally or in writing, but he is not to deliver legal opinions.
The application form for requesting variances from the Board of Adjustment is
to be changed. Mr. Samiljan brought copies of other forms for us to use as a guide
to re-doing ours. Mr. Rozansky is working on changing the multi-purpose form now
in use, but has not completed it. He welcomed any input Board members might wish
to contribute.
Mr. Samiljan noted the error in Section 44.21. Reference is made to Section 44.66
of the Code but that Section has to do with trailer parking fees. Mr. Lang will
make necessary corrections to that Section as it should be 44.16 instead.
No other questions were asked of Mr. Lang. He was excused from the meeting
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Board of' Adjustment Meeting, Aug. 16, 1978
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and left.
In further discussion, Mr. Sami1jan questioned Section 44.21.1, but it was
the Chairman's opinion that this Section dealt with appeals.
A request for a variance is before the Board made by Mr. Hage for Family
Entertainment Center. This request has been before the Board before and had
several o,jections from citizens within 500 feet, thereby necessitating a
public hearing. The Chairman will request a public hearing for September 27.
Two members of the Board will be out of town until that time. Mr. Hage will
be contacted concerning this date.
The meeting was adjourned at 9:30 p.m.
Respectfully submitted,
Carrie Weaver,
Chairman
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