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HomeMy WebLinkAbout2004 09 02 Board of Adjustment Regular Minutes CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING SEPTEMBER 2, 2004 I. CALL TO ORDER The Board of Adjustment Regular Meeting of Thursday, September 2, 2004 was called to order at 7:00 p.m. by Board Member Kathryn Fairchild in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Chairman Thomas Waters, absent Vice Chairman Jack Taylor, absent Board Member Linda Collins, present Board Member Kathryn Fairchild, present Board Member Howard Casman, present Board Member Howard Casman led the Pledge of Allegiance. Board Member Fairchild said, "We may have an Agenda change. Is that correct?" Ms. Eloise Sahlstrom, AICP, ASLA, Senior Planner, Community Development Department stated, "The County has requested that Agenda Item 'B' be postponed. We are asking that it be postponed to 'Date Certain', October 7th [2004]. II. CONSENT AGENDA CONSENT A. Approval Of The July 1, 2004 Regular Meeting Minutes. Board Member Fairchild stated, "We'll vote to approve the Minutes of the July 15t [2004] Meeting. " "I APPROVE." MOTION BY BOARD MEMBER CASMAN. SECONDED BY BOARD MEMBER COLLINS. DISCUSSION. CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - SEPTEMBER 2, 2004 PAGE 2 OF 5 VOTE: BOARD MEMBER FAIRCHILD: AYE BOARD MEMBER COLLINS: AYE BOARDMEMBERCASMAN: AYE MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING PUBLIC HEARINGS AGENDA ITEMS WERE DISCUSSED NEXT, AS DOCUMENTED, FOLLOWED BY THE REST OF THE AGENDA. .:. .:. III. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS B. Requests That The Board Of Adjustment Hold A Public Hearing To Consider The Applicant's Request For A General Permit For Eagle Bay Wood Products (A Light Industrial Use) Under The Property's Current 'A-3' Zoning. Ms. Sahlstrom presented this Agenda Item. Ms. Sahlstrom stated, "Agenda Item 'B' has been requested by - Seminole County that we have continuance of that Item, and so Staff is asking that it be postponed until 'Date Certain' to preserve the advertising and so we are asking that it be postponed to October 7,2004 at the Regular Board of Adjustment Meeting." PUBLIC HEARINGS A. Presents To The Board Of Adjustment A Variance Request From The Requirements Of Section 9-3. Of The City Code, To Allow Further Subdivision Of A Platted Lot, Pursuant To The Criteria Set Forth In Section 9-5. The Property Is Located Generally At The Northeast Corner Of Panama Road And South Moss Road. Mr. John Baker, AICP, Senior Planner, Community Development Department presented this Agenda Item. CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - SEPTEMBER 2, 2004 PAGE30F5 Mr. Baker stated, "We have a request from the Applicant that came in at 4:50 [p.m.] this afternoon for a continuance and the Applicant's Attorney has spoken to our Attorney, Ms. Latorre [Katherine W. Latorre, Attorney for Brown, Garganese, Weiss, & D' Agresta, P.A.] also asking for a Continuance. If you do choose to Continue this, we would ask that it be to a 'Date Certain' because this was also advertised as is required by City Code and to continue it to a 'Date Certain' would preserve that advertising and the notifications. There - was a sign put up, there were letters sent out to the abutting property owners as well as the advertisement in the newspaper. I can present you the email that we received, a copy of it right now." Board Member Fairchild said, "Okay." Board Member Fairchild asked, "Will the October ih [2004] Meeting preserve the advertising?" Mr. Baker stated, "Yes." Attorney Latorre stated, "If we are going to postpone the Hearing, then the Public's portion or input to the Board should also be postponed until October 7th [2004]." Attorney Latorre added, "If for some reason you [Applicant] aren't able to attend another Meeting, the Board can consider written input if you would like to present a letter to the Board with any concerns or issues that you might have with the application." "I MAKE A MOTION THAT WE POSTPONE 'ITEM A' SCHEDULED FOR THE SEPTEMBER 2nd [2004J MEETING UNTIL OCTOBER THE 7th OF 2004." MOTION BY BOARD MEMBER FAIRCHILD. SECONDED BY BOARD MEMBER CASMAN. DISCUSSION. VOTE: BOARD MEMBER FAIRCHILD: AYE BOARDMEMBERCASMAN: AYE BOARDMEMBERCOLLINS: AYE MOTION CARRIEJ[). .:..:. AGENDA NOTE: THE FOLLOWING PUBLIC HEARINGS AGENDA ITEMS WAS DISCUSSED AGAIN, AS DOCUMENTED, FOLLOWED BY THE REST OF THE AGENDA. .:. .:. III. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS B. Requests That The Board Of Adjustment Hold A Public Hearing To Consider The Applicant's Request For A General Permit For Eagle Bay Wood Products (A Light Industrial Use) Under The Property's Current 'A-3' Zoning. CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - SEPTEMBER 2, 2004 PAGE40F5 "I ALSO MAKE A MOTION THAT WE POSTPONE 'ITEM B' ON THE SEPTEMBER 2nd, [2004] AGENDA UNTIL OCTOBER THE 7TH OF 2004." MOTION BY BOARD MEMBER FAIRCHILD. SECONDED BY BOARD MEMBER CASMAN. DISCUSSION. VOTE: BOARD MEMBER CASMAN : AYE BOARD MEMBER FAIRCHILD: AYE BOARD MEMBER COLLINS: AYE MOTION CARRIED. Board Member Fairchild stated, "We hope you all will make it back on the ih [October, 2004] - and if not, just try and put something in writing for us and we will certainly consider it at that time." IV. REGULAR AGENDA REGULAR A. Discussion With City Attorney. Attorney Latorre spoke on the Public Hearing process to the Board Members. Discussion. Mr. Baker stated, "I think there are some articles in the 'AP A [American Planning Association]' that 1 will try to provide to the Board before the next Meeting about other states that have wrestled with 'Use Variances'." Discussion ensued regarding Variance issues. Board Member Fairchild asked, "If there is a handbook for the Board Members." Attorney Latorre responded, "That's something my office could do. 1 can talk to Anthony [Garganese, City Attorney] about it and see ifhe could prepare some things for the Board. Even - 1 get to you a copy of my outline that I usually give out with this information. But that is something that we can consider and 1 will bring it up to Anthony [Garganese]." Board Member Fairchild said, "Okay. Thank you." Discussion. CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - SEPTEMBER 2, 2004 PAGE 5 OF 5 V. FUTURE AGENDA ITEMS Board Member Fairchild stated, "So, as it stands right now then, we will be looking forward to the two (2) Agenda Items?" Mr. Baker said, "Yes." VI. REPORTS No reports. VII. ADJOURNMENT "I MAKE A MOTION WE ADJOURN." MOTION BY BOARD MEMBER CASMAN. SECONDED BY BOARD MEMBER FAIRCHILD. DISCUSSION. WITH CONSENSUS OF THE BOARD, THE MOTION WAS APPROVED. MOTION CARRIED. Board Member Fairchild adjourned the Meeting at approximately 7:47 p.m. RESPECTFULLY SUBMITTED BY: AN L. BROWN EPUTY CITY CLERK APPROVED: ~?J~ THOMAS WATERS, CHAIRMAN BOARD OF ADJUSTMENT NOTE: These Minutes were approved at the 00--tn b.aJu 1 ,2004 Board Of Adjustment Regular Meeting.