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HomeMy WebLinkAbout1985 10 03 Board of Adjustment Regular Minutes r-< ~ .dOARD OF AroUSTMENT MEETING ocrOBER 3, 1985 .-~ '!he Board of 1\d~LUSbIent rreeting was called to order by Chainran Ted Holz. at 7:00 p.m. 'llle Pledge of Allegiance to the flag was led by Chainnan Ted Holz. roLL CALL: Ted Holz, Chairrran, Present Hany aaid, Vioo-Chairrran, Present lDuise Poole, Present Richard Kessler, Present Al Girda, Present CITY OFFICIAL: Peter Cbv.ell, City Planner APProVAL OF MINUTES OF JULY 11, 1985: lDuise Poole made a notion to approve the mlnutes of July 11, 1985. Seoon<lad bY Richard Kessler. Vote: All aye; minutes approved as submitted. WEICOME: NEW BOARD ME:M3ER: Chairrran Holz and the Board nembers weloone Mr. Girda to the Board of Adjustnent. ELECl'ION OF OFFICERS: Richard Kessler made a notion to naninate Ted Holz for Chainnan. Serond by Harry aaid. Vote: All aye, notion carries. Harry aaid made a notion to nominate lDuise Poole as Vice-Cllainnan. Seoonded by Richard Kessler. Vote: All aye; ~ion carries. SPECIAL EXCEPTICN-FACILITY FOR ELIERLY-MYRl'HA HURl'AOO. , Myrtha Hurtado, applicant-Present. Peter Cbv.ell1dty:J;>lanner gave the City's presentation on this J::'eqlEst. He ~lained that Mrs. Hurtado, 216 Albert Street Winter Springs, FL, applied to the staff for a special exception to provide a facility for the elderly. Under the c:oCle this falls under the category of a special exception and with the 1982 O:mpI'ehensive Plan Update, the City has realized that there is a need for these types of facilities and therefore, within the plan has provided for that use to be given. When Mrs. Hurtsdo made her pre- sentation to the City Planner he made it to the staff, the staff was under the i.npression that she had already been given HRS sanction for this project and it was sinply a question of her receiving the special exception in order to cxmplete the application. After Mrs. Hurtado posted her property, the City received several conplaints from the neighbors, not in regard to the fact that she would want to operate a facility for the elderly; but into several civil actions that had taken place between ~lves and Mrs. Hurtado, and the Winter Springs Police ~partrrent. Upon disamsing this situation with the. Police ~partrrent it was noted that there were many incidences en file. 'I'h=se d1arges tlx>ugh not relevant to the issue; and having spoken with Mrs. BaJ::baraWavell at HRS, who stated that the application was applied for, ~ver, they also have not received a police report back, and with that infonnation rlCM being forwarded to them that the application would be denied by HRS. The staff recxmrends that this application also be denied by the City. Mrs. Hurtado had no c:::orrnents to the Board. Mr. Jack Schraff, 218 Albert Street, Winter Springs, Fl, was present to speak against the special exception, attached are his c:::orrnents. He stated that since Mr. <bvell mmtioned the circumstances surrounding the Hurta&:> family and residents, he didn't feel that it would be necessary to bring up the other things at this tine. ~ ., ~ , . ,r-' r-.. ...-.... .- . Page 2 He doesn't feel that the neighborhood is theprot:er place for a hare for the elderly, and he doesn '.t feel that Mrs. Hurtado is capable cbf:l'taking care of the elderly in this particular circumstances or in this house. He stated that the neighborhood feels the same way about this. He has going to act as spokesnan for t:1e neighborhood and bring forth all the facts and figures conceming this, but Mr. Covtell adequately CX>Vered it. Catherine l2Pwn, 214 Albert street, Winter Springs, Fl, stated she had a few questions. Sba didn't know if she was for or against the special exception. She has been w::>rking in nursing hones in Florida for 7 or 8 years, and she knows the carplexity of caring for the elderly. Sba has a handicapped child that lives at hare with bar now. She wanted to know how many people she was gcDing to have at the residence, what type of patients, bed ridden or able to care for thm1selves. What type of diets and nedications. Mrs. Hurtado declined fran an~ring any questions. 01airrnan Holz stated that the Board has not learned of any thing other than what has been in the paper and what was presented to them by the Staff. Richard Kessler stated that if the applicant continued to proceed on with this special exception, the Board would J:eqUi.re nunbers, facts and figures. Mr. Covtell stated that the City Cbde indicates you are not all~ to have rrore than 5 nonrelated people in t:1e house. Harry Ieid asked Mrs. Hurtado again if she would like to answer any questions. She declined to answer any guestions. Richard Kessler stated that! it "appears" the applicant is not interested in getting this special exception apprbved. Based on t:1e info:rnation as far as what sba has applied for, ba would vote against the special exception because he doesn't feel that the residential area is conducive for that type of hone. D9pending on the nuntler of people she would be a11~ would be. a part of the problem. It is an original 3 bedroom oone converted by the carport and based on these facts alone it is not conduci \Ie. Richard Kessler made a IIDtion to deny the request for a special exception for a facility for the elderly. Seconded by Harry Reid based on lack of infonnation, Vote: All aye; rrotion carries. Special exception was denied. Chainnan Holz advised of 1::00 appeal process. M::>tion was made and seconded to adjourn. Iespectfully submitted, ~j'~~ Secretary