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HomeMy WebLinkAbout2001 11 01 Board of Adjustment Regular Minutes CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING NOVEMBER 1,2001 I. CALL TO ORDER Vice Chairperson Elizabeth Randall called the Board of Adjustment Regular Meeting to order Thursday, November 1, 2001, at 7:03 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Chairperson Greg Smith, absent Vice Chairperson Elizabeth Randall, present Board Member Sally McGinnis, present Board Member Jack Taylor, present Board Member Thomas Waters, absent The Pledge of Allegiance followed. II. CONSENT CONSENT A. Approval Of The September 6, 2001 Regular Meeting Minutes. MOTION BY BOARD MEMBER TAYLOR. "I'LL MAKE A MOTION WE APPROVE THE MINUTES FROM THE LAST MEETING." SECONDED BY BOARD MEMBER McGINNIS. DISCUSSION. WITH CONSENSUS OF THE BOARD THE MOTION WAS APPROVED. MOTION CARRIED. III. REGULAR AGENDA REGULAR A. Variance For Rick And Laura Miller. 703 Palenci Court. Section 6-219. (Yards). Mr. John Baker, AICP, Current Planning Coordinator, Community Development Department introduced the Agenda Item. Mr. Baker distributed to the Board a memorandum from Ms. Kim Hall, City Engineer/Stormwater Utility Manager and then CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - NOVEMBER 1,2001 PAGE 2 OF 3 stated, "She recommends that the deck and the screen be removed and she explains very well why this is a problem. This is not just an encroachment on a piece of paper it gets down into the Water Management District regulations for the swale that's there." Mr. Baker further said, "At - the last City Commission Meeting when we were talking about the Heidenescher case that you had all heard in September, the City Attorney clarified that all six (6) of the criteria are to be met for a Variance to be granted. Staff does not believe that of the six (6) criteria, that even one (1) of those criteria has been met. We do advise that the encroaching part of the deck could be removed and should be removed. - Staff does not support, but it is open is that the applicant request - have that portion of the easement vacated." The Board questioned Mr. Baker about his statement regarding vacating the easement, and the City Code. Mr. Steve Felices, 1319 Lake Drive, Casselberry, Florida: as builder of the pool, said that he understood the need for restriction but "It was an human error" and presented to the Board a petition from the neighborhood in support of a Variance. Mr. Felices further stated "This comes in for a hardship and literally tear the screen enclosure which that is the only thing we fall in line with in those six (6) criteria, yes we don't meet any of them but the word hardship?" Mr. Felices spoke of the homeowner beautifying the swale by re-grading and re-sodding the area. Discussion. Mrs. Laura Miller, 703 Palence Court, Winter Springs, Florida: as homeowner, spoke of the Homeowners Association's and neighbors' support of the Variance and requested the Board's approval. "I PERSONALLY WOULD LIKE TO MAKE A MOTION THAT WE EXPRESS OUR AGREEMENT AND PASS IT ON TO THE COMMISSION THAT WE GRANT THIS VARIANCE AS REQUESTED, BUT THAT THE BUILDER BE FINED A FIXED AMOUNT TO BE USED AS THE WINTER SPRINGS COMMISSION DIRECTS" MOTION BY BOARD MEMBER TAYLOR. SECONDED BY BOARD MEMBER McGINNIS. DISCUSSION. BOARD MEMBER TAYLOR STATED, "I WOULD ALSO LIKE THE MINUTES TO POINT OUT THAT YOU HAVE IN FACT HAVE GONE BEYOND IN ACTUALL Y SODDING THE EASEMENT AND BEAUTIFYING THE EASEMENT, WHICH IS SOMETHING YOU DIDN'T HAVE TO DO." CITY OF WINTER SPRlNGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - NOVEMBER 1,2001 PAGE30F3 VOTE: BOARD MEMBER McGINNIS: AYE BOARD MEMBER TAYLOR: AYE VICE CHAIRPERSON RANDALL: AYE MOTION CARRIED. IV. FUTURE AGENDA ITEMS Mr. Baker informed the Board that he has forward to the City Attorney the request for a Workshop in the future. V. REPORTS None. VI. ADJOURNMENT MOTION BY BOARD MEMBER TAYLOR. "I'll MAKE A MOTION THAT WE ADJOURN." SECONDED. DISCUSSION. THE BOARD AGREED TO THE MOTION BY CONSENSUS. MOTION CARRIED. Vice Chairperson Randall adjourned the Meeting at 7:40 p.m. RESPECTFULLY SUBMITTED: '-~~ DEBBIE GILLESPIE DEPUTY CITY CLERK S:\dept - City Clerk\Docs\Word\BOARDS\ADJUSTME\aIIl\MINUTES\2001\AdjIIOlOl,doc NOTE: These minutes were approved at the ~ S. ,2001 Board of Adjustment Meeting,