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HomeMy WebLinkAbout2004 07 01 Board of Adjusmtent Regular Minutes CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING JULY 1,2004 I. CALL TO ORDER The Board of Adjustment Regular Meeting of Thursday, July 1, 2004 was called to order at 7:00 p.m. by Chairman Thomas Waters in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Chairman Thomas Waters, present Vice Chairman Jack Taylor, present Board Member Gary Diller, present Board Member Kathryn Fairchild, present Board Member Howard Casman, present Chairman Waters led the Pledge of Allegiance. II. CONSENT AGENDA CONSENT A. Approval Of The May 27, 2004 Special Meeting Minutes. This Agenda Item was not discussed. CONSENT B. Approval Of The June 3, 2004 Regular Meeting Minutes. No discussion. "I MAKE A MOTION TO APPROVE THE MINUTES AS PRESENTED." MOTION BY VICE CHAIRMAN TAYLOR. SECONDED BY BOARD MEMBER FAIRCHILD. DISCUSSION. WITH CONSENSUS OF THE BOARD THE MOTION WAS APPROVED. MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - JUL Y 1,2004 PAGE20F4 III. REGULAR AGENDA REGULAR Community Development Department A. Request For A Variance By Charles And Sandra Lacey From Section 20-103. Of The City Code Of Ordinances, To Encroach 3 Feet Into The 20 Foot Side Building Setback To Add On To The Side Of An Existing Single Family Residence. Mr. John Baker, AICP, Senior Planner, Community Development Department, introduced the Agenda Item. Mr. Baker stated, "As I noted in my Staff Report, the City Attorney [Anthony A. Garganese] has said that - within PUD's [Planned Unit Development], we do not have the authority to discuss Variances. If the only place that the setback is setforth is in the Homeowner's Deed Restrictions or Codes, Covenants, and Restrictions. In this case, it is on the plat so the City has approved the plat and we do have the authority to hear the Variance case. Looking at the 'Findings', Lot Number 21, Bear Creek Estates is zoned PUD [Planned Unit Development] is part of the Tuscawilla Planned Unit Development as a rural residential Future Land Use." Mr. Baker added, "The applicant requests the Variance to encroach as much as three feet (3') into that twenty foot (20') side yard building setback. We have a memo from the adjacent property owner stating 'no objection' to the encroac~ent on that side." Mr. Baker said, "Looking at the Variance Criteria, Staff does not believe that the Variance request meets any of the six (6) Variance Criteria." Mr. Baker added, "I made a mistake in Number 6). I put the word 'behind' and I meant 'beside'." Mr. Charles Lacey, 733 Bear Creek Circle, Winter Springs, Florida: addressed the Board regarding his request for a Variance. Discussion. Tape I/Side B Further discussion ensued. Mr. Baker stated, "I will investigate - I believe there is a change in policy in the location of AJC [Air conditioned] pads and if you will call me in the next couple of days - I will get you that answer." CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - JULY I, 2004 . PAGE30F4 "I MAKE A MOTION THAT WE RECOMMEND DISAPPROVAL OF THE VARIANCE." MOTION BY VICE CHAIRMAN TAYLOR. SECONDED BY BOARD MEMBER CASMAN. DISCUSSION. CHAIRMAN WATERS CLARIFIED, "IF WE VOTE 'YES', WE ARE VOTING TO DENY THE VARIANCE - TO RECOMMEND DENIAL. IF WE VOTE 'NO', THEN WE ARE VOTING TO RECOMMEND APPROVAL FOR THE ADDITION." VOTE: BOARD MEMBER CASMAN: AYE CHAIRMAN WATERS: AYE BOARD MEMBER F AIRCHILD: AYE BOARD MEMBER DILLER: AYE VICE CHAIRMAN TAYLOR: AYE MOTION CARRIED. Chairman Waters asked, "Mr. Baker, you will let Mr. Lacey know when this will be going to the [City] Commission?" Mr. Baker replied, "Yes, it should be going on the July 26th [2004] City Commission." Discussion ensued regarding the vacancy to replace Board Member Gary Diller's Seat. Chairman Waters discussed having the Board of Adjustment Board Members meet with the City Attorney [Garganese] after a Regular Meeting to answer questions. In other business, discussion ensued on previous Variances. IV. FUTURE AGENDA ITEMS No discussion. v. REPORTS There was no discussion on this Agenda Item. CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - JULY 1,2004 PAGE40F4 VI. ADJOURNMENT "I MAKE A MOTION WE ADJOURN." MOTION BY VICE CHAIRMAN TAYLOR. SECONDED BY BOARD MEMBER CASMAN. DISCUSSION. WITH CONSENSUS OF THE BOARD THE MOTION WAS APPROVED. MOTION CARRIED. Chairman Waters adjourned the Meeting at approximately 8:38 p.m. RESPECTFULLY SUBMITTED: OAN L. BROWN DEPUTY CITY CLERK APPROVED BY: ~d~ tHOMAS WATERS, CHAIRMAN BOARD OF ADJUSTMENT NOTE: These Minutes were approved at the September 2,2004 Board Of Adjustment Regular Meeting.