The URL can be used to link to this page

Home My WebLink About1983 03 17 Board of Adjustment Regular Minutes r-- --.. Board of Adjustment Minutes March 17 , 1983 7:30 P.M. The meeting of the Board of Adjustment was called to order by Chairman Weiss. The Pledge of Allegiance to the Flag was led by Ted Holz. ROLL CALL: Ellen Weiss-Chairman, present Bill Jacobs-Vice Chairman, present Louise Poole, present Ted Holz, present Harry Reid, present CITY OFFICIALS: Jacqueline iOch, City Planner Frank Kruppenbacher, City Attorney Commissioner Grove Mayor Torcaso Motion was made by Reid and seconded by Jacobs to approve the minutes of March 3, 1983. Vote: all ~e, motion carried. City Attorney Kruppenbacher then presented an op~n~on on abstaining from voting by a Board member due to conflict of interest, in as such that Board member(s) should vote and then declare the conflict. He is recommending this to all municipal Boards in the City including the City Commission. On the misinterpertation related to Section 44.48 and 44.21.1 dealing with Public Hearing and Public Meeting, Mr. Kruppenbacher stated that the City should take steps to clarify the typographical error in the ordinance. However, if the meeting agendas are made available to the press and public, etc., then he sees no problem. He will submit a typed outline on this to the Commission at the next meeting. Discussion. CONTINUATION OF REQUEST OF FLORIDA LAND CO. FOR CONDITIONAL USE IN ZONE C-l TO CONSTRUCT MULTI-FAMILY DWELLINGS ON SOUTHEAST CORNER OF SR 434 AND MOSS ROAD (PART OF LOTS 52 AND 53 BLOCK D, D.R. MITCHELL SURVEY). Motion by Poole to take from the table the request of Florida Land Co,; seconded by Jacobs, Vote: all aye, motion carried. Helen Powell~ 95 Hacienda Village, came forward and stated that Hacienda Village had a meeting and the consensus was all against the request. Discussion. Mr. Schmitz, speaking in behalf of the application, came forward and stated he has spoken with Mr. Chira, who owns a parcel abutting the proposed project on the north. Mr. Schmitz has reached an agreement with Mr. Chira to place a6 foot privacy fence along the common property line. In regard to Mrs. Powell's statement on the meeting at Hacienda Village, Mr, Schmitz stated his thoughts were 100% different. Discussion. Commissioner Grove was called upon for input on the Hacienda meeting. Dis- cussion. Discussion and input from the Board on the alternatives under the present C-l zoning classification. Bud Powell, 95 Hacienda Village, came forward and was sworn in. Discussion. Questions from Reid on the traffic to be expected. Discussion on traffic projections for commercial and multi-family uses. Motion by Holz to approve the request of Florida Land Co. with the condition that a six foot privacy fence be put around the property. Motion failed due to lack of a second. Discussion on the heighth of the project. Motion by Poole to approve the request of Florida Land Co. with the stipulation that a six foot privacy fence be constructed on three corners of the property. Seconded by Holz. Discussion on height and density. Clarification by the City Planner on restricting height to control density. Amendment by Reid to limit the height to one story and density to eight per acre. Seconded by Jacobs for discussion. Discussion. Vote on amendment: Poole, nay; Holz, nay; Jacobs, aye; Weiss, nay; Reid, aye, Amendment failed. Poole made a motion to amend the original motion to state in the event that the facility is open to families that recreational facilities be provided on-site for children, Seconded for discussion by Holz. Discussion on density, heighth requirement, with visual displays from Mr: Schmitz. Poole withdrew her amendment and Holz withdrew his second on the r .~ Board of Adjustment 3/18/83 Page 2 amendment. Poole withdrew her motion and Holz withdrew his second on the motion, Discussion among the Board members and Mr. Schmitz on recreational facilities. Discussion on density of the pDoject. Discussion on the platting of the home sites. Discussion on the feasibility of reducing the density on the project from 9 to 8. Discussion on the recreational/park facilities. Motion by Holz to approve the conditional use as requested by Florid& Land Co, with the stipulations: 25 foot maximum building heighth, maximum 10 units per acre, 6 foot high buffer fence around the three lot lines of the project and a recreational area and equipment for the use of children within the development to consist of, at a minimum, a slide and sandbox. Seconded by Poole. Discussion. Amendment by Reid to add a buffer zone of trees and natural foliage along the 6 foot fence. Amendment failed due to lack of a second. Discussion on proposed density level. Amendment by Reid to limit the density per acre to 8. Seconded by Weiss. Discussion. Input from Mr. Schmitz that at 8 units per acre this project is economically unfeasible. Vote on amendment: Reid; aye; Holz, nay; Weiss, ~e, Jacobs, nay; Poole, nay. Amendment failed, Discussion. Vote on motion; Poole, aye; Jacobs, n~; Weiss, nay; Holz, aye; Reid, nay. Motion failed. Input from Mr. Schmitz to change the proposal to 8 buildings and 8.9 density per acre, Discussion. Motion by Holz to approve the conditional use of Florida Land Company as requested with the following stipulations: 25 foot maximum building height, R.9 units per acre, 6 foot high buffer fence along the side lot lines and rear lot lines, and a recreational area provided with a minimum equipment such as a swing and a slide. Seconded by Poole. Discussion. Vote: Holz, ~e; Poole, aye; Weiss, aye; Jacobs, nay; Reid, aye. Motion carried. Reid stated for the record a pDssible conflict. Meeting was adjourned at approximately 9:47 p.m. FORM 4 ~jlEN10RAr.jDUM OF VOTB\jG CO~]FLICT LAST NAME - FInST NAME - MIDDLB NAME -/"""- AGENCY is unit 01: -.-""")S m~- WHICH VO'];!:: OCCURRED f<. t.--I 0 t ~'1 6- w yA> "" o STATE ~-/? -~~ ~IAILING ADDRESS NAME OF PERSON RECORDING M1NUTES ';}-~ (" tf1t1' ~ /2.-0. OCOUNTY S /te..rz tZ-)" /I. ?:./~ /...c>N)::;.1l CITY ZIP COUNTY -- TITLE OF PEnr.ON RECO~DI~G :-'Il~UTES W J fIJ 7"tft- Sf'ItI/IJv-s .3;J..? Or 5~/NO(;.L ~!\1UNICI?ALITY I /Z-b:-o,e....a /,J G- S~c.~y NAME OF AGENCY . SPECIFY ~7Y ~F ~/,v~ $'"z..-;/,J <1.s ,I$();fo4J d~ /H)Jlts n.~7 OOTHER ! MEMORANDUM OF CONFLICT OF INTEREST IN A VOTING SITUATION [Required by Florida Statutes ~112.3143 (1979) 1 I ' I : If you ha\'e voted in your official capacity upon any measure in which you had a personal, private, or professional interest which inures to i your special private gain or the special private gain of any principal by whom you are retained, please disclose the nature of your interest 1 below. . 1 1. Description of the matter upon which you voted in your official capacity: 1lt.A?l4t1.-<T t>~ . Fl i>,eIOJ'f l-~1) t)l,il4()'",,~"" 6,,~c.c. # I",u}'<.ay) 'rJTyzd~tSl'I Cfi. sC#-J)J-c l tJ !,f/U01"4Al..j T1' Oc-7197~ C--i>N tJlnD~197- us~ /'1.( ~#I~:H>f '1'1, (J 1! ~I(. fPo.(1f7J'1lI9f'~c-~s l""'opz. . fl-l-p~PII({fO$~ IN t;.1>....e.. G- I . :i ;i '2. Description of the personal, private. or professional interest you have in the above matter which inures to your special private ,ain or the special private ,ain of any principal by whom you are retained: . C,;II. >_C.~II'J~.I.$. '-'rOJC,- w~ A. C~luJ7 C>~ S'H7AJHrJl.S<<-flf..) /I/)~s/"'n fTY wou/..p J'S~ .... / /II VO~,.,...", ",II) C-<..., S "tV GC. s- c>,c' (..()~J JM<)ttJc.tt-,~/fH'JYJ &~t::5 ((~ 6~J U Nt 7"S ,~ A>'p'/l.(),/..(oO ~~ p,.J o~ ~ 3. Person or principal to whom the special gain described above will inure: c...~ o,e:-;&- IC-'s ();t:" a.O Yourself b.m Principal by whom you are retained: >h7,.JHou~, L..()~J NaNc:..,ed~ ~tJ /.J~ (NAME) - \ SIG~ATURE ~fi~ DATE ON WHICH FORM 4 WAS FILED WITH THE PERSON RESPONSIBLE FOR RECORDING MINUTES OF THE MEETING AT WHICH THE VOTE OCCURRED: 3"/?-~-3 FILING INSTRUCTIONS This memorandum must be filed within fifteen (15) days following the meeting during which the voting conflict occurred with the person responsible for recording the minutes of the meeting, who shall incorporate the memorandum in the meeting minutes. This form need not be filed merely to indicate the absence of a voting conflict. Florida law permits but does not require you to abstain from voting when a conflict 0f interest arises; if.you 1r'Ote, however, the conflict must be disclosed pursuant to the requirements described above. ~OTlCE: UNDER PROVISIONS OF FLORIDA STATUTES ~1l2.317 (1979), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GHOUNDS FOR ASD MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWiNG: DfPEACHMENT. REMOVAL OR SUSPENSION FROM OFFICE O!t E~IPLon1E.sT, DEMOTION. REDUCTJON IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. - ------ :. Foa~14 - REV. 12-79