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HomeMy WebLinkAbout2003 02 06 Board of Adjustment Regular Minutes CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING FEBRUARY 6,2003 I. CALL TO ORDER Chairman Tom Waters called the Regular Meeting to order Thursday, February 6, 2003 at 7:05 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Chairman Tom Waters, present Vice Chairman Jack Taylor, present Board Member Gary Diller, absent Board Member John Herbert, present The Pledge of Allegiance and a moment of silence "To remember the astronauts" followed. II. CONSENT AGENDA CONSENT A. Approval Of The December 5, 2002 Regular Meeting Minutes. Chairman Waters asked that an "s" be added to his name on "Page 2, last paragraph." "I MAKE A MOTION TO APPROVE THE MINUTES AS CORRECTED." MOTION BY VICE CHAIRMAN JACK TAYLOR. SECONDED BY BOARD MEMBER JOHN HERBERT. DISCUSSION. WITH CONSENSUS OF THE BOARD, THE MOTION WAS APPROVED. MOTION CARRIED. III. REGULAR AGENDA REGULAR A. Election of Officers "I MAKE A MOTION THAT WE LEAVE THE OFFICERS AS THEY ARE." MOTION BY VICE CHAIRMAN TAYLOR. SECONDED BY BOARD MEMBER CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - FEBRUARY 6, 2003 PAGE 2 OF 5 HERBERT. WITH CONSENSUS OF THE BOARD, THE MOTION WAS APPROVED. MOTION CARRIED. REGULAR B. Request For A Conditional Use Within The City Of Winter Springs C-2 Zoning District, To Allow A Tattoo And Body Piercing Business At 883 and 885 North Highway 17-92. The Agenda Item was introduced by Ms. Eloise Sahlstrom, AICP, ASLA, Senior Planner, Community Development Department. Chairman Waters disclosed past "Dealings with the Property Owner of this business in my other job. I did talk to the City Attorney about it and we agreed that it does not effect the decisions we make here tonight. I don't stand - anything to gain financially from it- and it is my responsibility to go ahead and hear and vote on it as anything else." "I MAKE A MOTION TO PASS ON TO THE COMMISSION THE STAFF RECOMMENDATION THAT APPROVAL OF THE PRIMAL URGE TATTOOING AND BODY PIERCING AS A CONDITIONAL USE BE APPROVED." MOTION BY VICE CHAIRMAN TAYLOR. SECONDED BY BOARD MEMBER HERBERT. DISCUSSION. VOTE: BOARD MEMBER HERBERT: AYE CHAIRMAN WATERS: AYE VICE CHAIRMAN TAYLOR: AYE MOTION CARRIED. REGULAR C. Request Of James and Adele Kelsay For A Variance To Allow Construction Of A New Bedroom Addition To Encroach An Undisclosed Distance Into the 25-Foot Rear Building Setback Set Forth For the Property Located At 200 Birch Terrace. Mr. John Baker, AICP, Senior Planner, Community Development Department introduced the Item and said, "We don't see that they meet the six (6) criteria for the Variance. We do however feel that the front setback where the house extends two feet (2') into the twenty-five foot (25') setback should be granted. I don't believe however that the rear setback Variance should be granted" and spoke of various alternatives for the addition. Discussion followed regarding alternatives. CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - FEBRUARY 6, 2003 PAGE 3 OF 5 Ms. Adele Kelsay, 200 Birch Terrace, Winter Springs, Florida: Spoke of working with and architect; requested two feet (2') in the setback; reviewed photographs with the Board Members; and referred to her letter addressing the six (6) criteria. Mr. Baker said Staff would support a Variance for a "Reasonable width hallway". Further discussion.. Chairman Waters said he would entertain a Motion regarding the front setback. "I MAKE A MOTION TO APPROVE THEIR FRONT SETBACK VARIANCES AS REFERENCED IN AGENDA ITEM 'c' TO ALLOW THE EXISTING HOUSE TO REMAIN ENCROACHING APPROXIMA TEL Y TWO FEET (2') INTO THE TWENTY-FIVE FOOT (25') FRONT YARD." MOTION BY VICE CHAIRMAN TA YLOR. SECONDED BY BOARD MEMBER HERBERT. DISCUSSION. VOTE: VICE CHAIRMAN TAYLOR: AYE CHAIRMAN WATERS: AYE BOARD MEMBER HERBERT: AYE MOTION CARRIED Discussion followed regarding the rear encroachment. "I am prepared to extend the additional two foot (2') to allow them to build the room on the side of the house. I believe that is a fair and equitable solution to be honest with you. The way the law reads the way the Statutes read it is impossible for us to see where it can meet the six (6) criteria. - for the screened porch" was said by Vice Chairman Taylor. Board Member John Herbert said, "Everything I am listening to makes a lot of sense to me as to the location and what you are recommending." "I MAKE A MOTION TO DENY THE REQUEST FOR A TEN FOOT (10') . ENCROACHMENT INTO THE REAR BUILDING SETBACK AS REQUESTED, HOWEVER, TO RECOMMEND TO THE CITY COMMISSION THAT A TWO FOOT (2') ENCROACHMENT FROM THE REAR OF THE HOUSE INTO THE REAR SETBACK BE APPROVED TO ALLOW FOR A CONFORMING ROOM TO BE BUILT ON THE NORTHWEST CORNER OF THE SUBJECT HOUSE." MOTION BY VICE CHAIRMAN TAYLOR. SECONDED BY BOARD MEMBER HERBERT. DISCUSSION. Tape IISide B CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - FEBRUARY 6, 2003 PAGE40F5 VOTE: VICE CHAIRMAN TAYLOR: AYE CHAIRMAIN WATERS: AYE BOARD MEMBER HERBERT: AYE MOTION CARRIED Chairman Waters said he would entertain a Motion to recommend to the City Commission to allow the porch "To stay as is and/or repaired as/when needed to maintain it - but not enclose or improved upon in that matter - except add the hall." "I'D LIKE TO MAKE A MOTION - THE BOARD RECOMMENDS TO THE COMMISSION THAT THE REAR PORCH TO REMAIN AS IS AND REPAIRED AS NEEDED AND NOT TO BE ALTERED IN ANY WAY EXCEPT FOR THE ADDITION OF AN ENTRYW A Y TO THE ADDITIONAL ROOM TO BE LOCA TED ON THE NORTHWEST CORNER OF THE HOUSE." MOTION BY VICE CHAIRMAN TAYLOR. SECONDED BY BOARD MEMBER HERBERT. DISCUSSION. VOTE: CHAIRMAN WATERS: AYE BOARD MEMBER HERBERT: AYE VICE CHAIRMAN TAYLOR: AYE MOTION CARRIED Chairman Waters commended Ms. Kelsay "On all her work and efforts," IV. FUTURE AGENDA ITEMS V. REPORTS Members of the Board discussed with Staff the status of former Variance requests. VI. ADJOURNMENT "I MAKE A MOTION WE ADJOURN." MOTION BY VICE CHAIRMAN TAYLOR. SECONDED BY BOARD MEMBER HERBERT. DISCUSSION. WITH CONSENSUS OF THE BOARD, THE MOTION WAS APPROVED. MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - FEBRUARY 6, 2003 PAGE 5 OF5 Chairman Waters adjourned the Meeting at 8:07 p.m. RESPECTFULLY SUBMITTED BY DEBBIE GILLESPIE, DUPUT CITY CLERK AND -j(~ ~-t/~ MICHELE KELLY ASSIST ANT TO THE CITY CLERK APPROVED: ~~~- HOMAS WATERS, CHAIRMAN BOARD OF ADJUSTMENT S:\dept- City Clerk\Boards and Commiuees\Board of Adjustment\alll\MINUTES\120502 REGULAR.doc NOTE: These Minutes were approved at the June 5, 2003 Board Of Adjustment Regular Meeting.