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HomeMy WebLinkAbout1981 02 19 Board of Adjustment Regular Minutes ....... . - . BOARD OF ADJUSTMENT CI'r::( O;Jf WINTER SPRINGS FEBRUARY 19, 1981 """'" '-'" Meeting of the Board of Adjustment was called to order at 7: 30 p.m. by Chainnan Tom Binford. Following silent prayer, Weiss led in the pledge of allegiance. ROLL CALL City Officials: Ellen Weiss Al Divis Charles Chute Tom Binford Richard Kessler, Late Jacqueline Koch, City Planner Regarding the Mobile Home Park Hearing on January 15, 1981 - Davis asked if the rrotion made by Chute to grant the extension for 90 days from this date with the stipulation that no more mobile homes be moved in the park as stated by the City Planner, could be more clearly defined with a sentence to follow stating the nillllber is not to exceed 9 mobile homes parked thereon. There were no objections from the Board that this be added to the minutes of Jan. 15, 1981. Chute moved to accept the Board's recorrmendation with regard to changing the minutes. Seconded by Kessler. Vote: All aye. Motion carried. Davis moved to approve the minutes as rrodified. Seconded by Kessler. Vote: All aye. Motion carried. REQUEST OF GEORGE roSTER FDR SPECIAL EXCEPTION ID CORNER SIrn SE'IBACK IN ZONE R-l TO BUILD AN ADDITION CLOSER THAN 25 FEET TO THE PROPERI'Y LINE ON MURPHY ROAD, lOr 13, BLOCK C, NORm ORLANOO TERRACES UNIT 2, SECTION 8 (401 SOUTH HAWIHORN CIRcrn) . The City Planner presented the application. She stated 13 adjacent property owners have been notified and that no calls or written complaints have been received. The applicant, Mr. George Ibster, 401 S. Hawthorn Circle spoke for his request. Ms. Jackie Adams, 502 Murphy Rd. spoke i'n favor of the applica:hb's request. Mr. Frank LaVelle, 405 S. Hawthorn Circle questioned the time frame of the construction. Mr. Ibster stated the construction should take about 21 days. The City Planner recorrmended approval of the applicant's request. Discussion followed on the time needed to complete the addition. Chute rroved to approve the applicant's request as recormnended by the City. (Note: The applicant's site diagram). Seconded by Weiss. Discussion. Chute withdrew his motion. Weiss withdrew her second. Chute moved to approve the request as recommended by the City with the stipulation that it be completed within 120 days of commencement. Seconded by Weiss. Discussion. Chute withdrew his motion. Weiss withdrew her second. Chute moved to approve the request as recomnended by the City Planner (See the Site Diagram) with the stipulation that the construction work be completed within 45 days of comnencement. Seconded by Divis. Vote: All aye. Motion carried. REQUEST OF JON M. HALL FDR CONDITIONAL USE IN ZONE C-l TO CONSrffiUCT R-3 MULTI- FAMILY IWELLINGS ON lOr 3 OF SECOND REPLAT OF BLOCK 5 AND TRACT A OF NORrH ORLANID 2ND ADDITION (WEST OF MOSS ROAD, SOUTH OF SR 434). The City Planner presented the application. Mr. JohHall, 1115 Ocelot Trail spoke for his request. Mr. Hall stated the townhouses would be sold, not rented. The Board questioned if anyone in the surrounding area knew of Mr. Hall's plans 0 or whether any official notice had been made. The City Planner said none of these are required under conditional use. Discussion. Chute stated he thought the idea was great, but that the neighborhood should have input. Mr. Jeff Ricketts, Orlando, spoke for the request. The City Planner recorrmended approval. ~ . .. ' ~ Board of Adjustment Meeting ~ Page Two. February 19, 1981 ........ ~ The Cha.innan stated a valid point had been brought up concerning notices not sent out to the adj acent property owners for their input, but stated they :rrnJ.St consider the applicant's standing also. He questioned the Board's right to penalize the applicant due to a defect in the code. Discussion. Kessler roved to approve the applicant's request as recommended by the City Planner. Seconded by Binford. The Chairman stated he felt the code should be modified to allow mtification of the adj acent property (wi thin 500 feet) by mail. He also stated he would have to vote for the rotion because he did not feel they could justifiably deny the request by the applicant because of the conflict in the code. Discussion followed on whether there was a legal manner in wDich to notify the surrounding property owners. Chute stated he felt the Board has a roral obli- gation to the citizens for them to know of l'Ilr'. Hall's plans. Kessler stated he felt if the City does not require notification to the surroUnding property owners that as an appointee of the City that he did not feel they have the right to require it of the applicant. Both Weiss,and Davis felt the Board could not act in the best interest of the commun:i.ty without some input. The Chairman reminded the Board that they :rrnJ.St operate wi thin the purview of the ordinances in the law. Weiss stated she is not against the project, but felt they owed the citizens something. Discussion. Kessler withdrew his rrotion. Binford wiffildrew his second. Kessler roved to approve the applicant's request as recommended by the City Planner and requested the City notify the homeowners wi thin the area wi thin 7 days and give them the right to appeal within 30 days. Seconded by Binford. Vote: Binford, a:je; Kessler, aye; Weiss, no; Davis, no; Chute, no. Motion failed. \ The Chairman informed Mr. Hall of his choices - to either appeal wi thin 30 da:js or file an application for rezoning. Discussion. Davis stated he would have less trouble with less density in the given area and a single story rather than a multi-story or two story. Davis roved to adjourn. Seconded by Chute. Vote: All a:je. Motion carried. Meeting adj ourned at 9: 00 p.m. Respectfully submitted, (1,rY) ~ ?r';~ Braddock, . Recording Secretary.