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HomeMy WebLinkAbout2004 10 07 Board of Adjustment Regular Minutes CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING OCTOBER 7, 2004 I. CALL TO ORDER The Board of Adjustment Regular Meeting of Thursday, October 7, 2004 was called to order at 7:02 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, absent Board Member Linda Collins, 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 September 2, 2004 Regular Meeting Minutes. "I MAKE A MOTION WE APPROVE THE MINUTES OF THE SEPTEMBER 2ND [2004] MEETING." MOTION BY BOARD MEMBER FAIRCHILD. SECONDED BY BOARD MEMBER CASMAN. DISCUSSION. WITH CONSENSUS OF THE BOARD THE MOTION WAS APPROVED. MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - OCTOBER 7, 2004 PAGE 2 OF 4 III. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS Community Development Department 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. Ms. Eloise Sahlstrom, AICP, ASLA, Senior Planner, Community Development Department presented this Agenda Item. Chairman Waters opened the "Public Input" portion of the Agenda Item. Ms. Rebecca Furman, Attqrney, Lowndes Drosdick Doster Kantor & Reed, P.A., 215 North Eola Drive, Orlando, Florida: addressed the Board on behalf of the Contract Purchaser, Paul Rosu and asked that the Variance be approved at this time. Ms. Jo Bush, 125 East Bahama Road, Winter Springs, Florida: spoke of her opposition to subdividing the property. Ms. Tory Collins, 626 Sailfish Road, Winter Springs, Florida: referenced the 'City Code 9.3 and 9.5' and is opposed to dividing the property. Mr. Vincent Murphy, 255 East Panama Road, Winter Springs, Florida: spoke of his concerns on the Variance and is opposed to dividing the property. Ms. Elsie Bledsoe, 180 East Panama Road, Winter Springs, Florida: addressed the Board and is in favor of the Variance. Ms. Linda P. Kenny, 256 East Panama Road, Winter Springs, Florida: spoke against dividing the property. There was no other "Public Input. " Ms. Sahlstrom said, "Staff recommends denial of this Request." Ms. Sahlstrom stated, 'Unlike some of the other Variance requests, your decision will stand unless it would be challenged to the [City] Commission, but you're not making a recommendation to the Commission in this case, you are actually making the decision. CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - OCTOBER 7, 2004 PAGE30F4 Staff believes that the Variance Request would be detrimental to the public interest and would set a precedent that's not been substantiated by the Applicant that there are not Special Conditions that would result in an unnecessary hardship and that if they had documented that there were Special Conditions that existed, peculiar to the land that in fact, anything peculiar to the land would have been self-created hardship because the configuration of the land as it is today was based on a lot split by the current owner. So, therefore, the unique characteristics of the parcel are not beyond the control of the property owner and economic disadvantage by not being able to sell the land for the price he desires does not rise to the level of a legal hardship. And, any Variance that would be granted would need to be the minimum Variance that could be granted to make the reasonable use of the land. And, since the land can be used as it stands today, I just conclude by saying Staff recommends denial." Discussion. Reverend Neil R. Backus, D.D., 110 East Panama Road, Winter Springs, Florida: spoke regarding his concerns regarding the Variance Request. "I MAKE A MOTION WE DENY THE VARIANCE." MOTION BY BOARD MEMBER CASMAN. SECONDED BY BOARD MEMBER FAIRCHILD. DISCUSSION. For clarification, Chairman Waters asked, "The Motion is to deny the Variance, you vote 'Yes', if you're voting to deny the Variance. If you vote 'No', you are voting to permit the Variance. Is that correct?" There was no objection from the Board Members. VOTE: BOARD MEMBER FAIRCHILD: AYE BOARD MEMBER CASMAN : AYE CHAIRMAN WATERS: AYE BOARD MEMBER COLLINS: AYE MOTION CARRIED IV. FUTURE AGENDA ITEMS . Request for General Pern1it for DeLeon Street for November, 2004. V. REPORTS No discussion. CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - OCTOBER 7, 2004 PAGE40F4 VI. 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. Chairman Waters adjourned the Meeting at approximately 7:46 p.m. RESPECTFULLY SUBMITTED BY: .~ AN L. BROWN PUTY CITY CLERK APPROVED: ~L/~ THOMAS WATERS, CHAIRMAN BOARD OF ADJUSTMENT NOTE: These Minutes were approved at thel\~\./..!l.")1~A"" 1+,2004 Board Of Adjustment Regular Meeting.