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.