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HomeMy WebLinkAbout2005 01 06 Board of Adjustment Regular Minutes CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING JANUARY 6, 2005 I. CALL TO ORDER The Board of Adjustment Regular Meeting of Thursday, January 6, 2005 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 Linda Collins, present Board Member Kathryn Fairchild, present Board Member Howard Casman, present Chairman Waters led the Pledge of Allegiance. Chairman Waters asked if there were any Agenda changes. Mr. John Baker, A1CP, Senior Planner, Community Development Department stated, "I have asked the City Attorney [Anthony A. Garganese] to give us an update and a briefing on the newly passed Ordinance [2004-49] that greatly affects how we handle a lot of these Items." There were no objections from the Board Members. The City Attorney Garganese discussed the new Ordinance 2004-49 to the Board Members. Discussion. CONSENT AGENDA CONSENT 200. Approval Of The November 4,2004 Regular Meeting Minutes. Chairman Waters said, "The next - on the Consent Agenda to approve the Minutes from the November 4th [2004] Meeting." CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - JANUARY 6, 2005 PAGE20F4 "I MAKE A MOTION TO APPROVE THEM AS THEY ARE." MOTION BY VICE CHAIRMAN TAYLOR. SECONDED BY BOARD MEMBER CASMAN. DISCUSSION. VOTE: BOARDMEMBERCASMAN: AYE CHAIRMAN WATERS: AYE BOARD MEMBER FAIRCHILD: AYE BOARD MEMBER COLLINS: AYE VICE CHAIRMAN TAYLOR: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 500. Not Used. REGULAR 501. Community Development Department - Planning Division Recommends The Board Of Adjustment (BOA) Hear A Waiver Request 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. This Was Previously Heard As A Variance, But Has Directed Back Through The Board Of Adjustment (BOA), Pursuant To The Newly Adopted Waiver Provisions (Section 20-34. Of The City Code) In Ordinance Number 2004-49. Mr. Baker presented this Agenda Item. Discussion. Mr. Baker stated, "Staff believes that this is in Compliance with both the Code and with the Comprehensive Plan." Mr. Baker added, "We - Staff, feel that this does meet those Criteria." Mr. Charles Lacey, 733 Bear Creek Circle, Winter Springs, Florida: addressed the Board Members on his "Waiver Request". I - CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - JANUARY 6, 2005 PAGE30F4 "I'D LIKE TO MAKE A MOTION THAT WE APPROVE THE REQUESTED WAIVER AS APPLIED FOR BY MR. LACEY TO ENCROACH APPROXIMATELY THREE FOOT (3') INTO THE TWENTY FOOT (20') SIDE BUILDING SETBACK BASED ON THE RECOMMENDATION OF STAFF THAT THIS REQUEST IS CONSISTENT WITH ALL THE WAIVER CRITERIA." MOTION BY VICE CHAIRMAN T AYLOR. SECONDED BY BOARD MEMBER FAIRCHLD. DISCUSSION. VICE CHAIRMAN JACK TAYLOR STATED, "I WOULD JUST LIKE TO COMPLIMENT MR. LACEY - WITH THE SYSTEM - AND PERSEVERING THROUGH ALL OF THIS." VOTE: BOARDMEMBERCOLLINS: AYE VICE CHAIRMAN TAYLOR: AYE CHAIRMAN WATERS: AYE BOARD MEMBER FAIRCHILD: AYE BOARD MEMBER CASMAN : AYE MOTION CARRIED. REGULAR 502. Office Of The City Clerk Election Of Officers. "I'D LIKE TO MAKE A MOTION THAT WE ELECT MR. TOM WATERS [CHAIRMAN] CONSISTENT WITH HIS EXCELLENT SERVICE THE PAST YEAR TO CONTINUE IN THE JOB FOR THE NEXT YEAR." MOTION BY VICE CHAIRMAN TAYLOR. SECONDED BY BOARD MEMBER CASMAN. DISCUSSION. VOTE: VICE CHAIRMAN TAYLOR: AYE BOARD MEMBER COLLINS: AYE BOARDMEMBERCASMAN: AYE BOARD MEMBER FAIRCHILD: AYE CHAIRMAN WATERS: ABSTAIN MOTION CARRIED. "I MAKE A MOTION THAT WE NOMINATE MR. TAYLOR [VICE CHAIRMAN] TO CONTINUE IN HIS VICE CHAIRMAN POSITION." MOTION BY BOARD MEMBER FAIRCHILD. SECONDED BY BOARD MEMBER COLLINS. DISCUSSION. CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - JANUARY 6, 2005 PAGE40F4 VOTE: BOARDMEMBERCOLLINS: AYE BOARDMEMBERCASMAN: AYE CHAIRMAN WATERS: AYE VICE CHAIRMAN TAYLOR: ABSTAIN BOARD MEMBER FAIRCHILD: AYE MOTION CARRIED. 600. REPORTS The Member List was distributed to the Board Members for updating information purposes only. Tape I1Side B FUTURE AGENDA ITEMS No discussion. ADJOURNMENT "I MAKE A MOTION WE ADJOURN." MOTION BY VICE CHAIRMAN T AYLOR. SECONDED. DISCUSSION. WITH CONSENSUS OF THE BOARD THE MOTION WAS APPROVED. MOTION CARRIED. Ch irman Waters adjourned the Meeting at 7:59 p.m. ! J AN L. BROWN EPUTY CITY CLERK APPZ- J ft- ~S WATERS, CHAIRMAN BOARD OF ADJUSTMENT NOTE: These Minutes were approved at the February 3, 2005 Board Of Adjustment Regular Meeting. FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNT~ MUNICIPAL, AND OTHER lOCAL PUBLIC OFFICERS C o OTHER LOCAL AGENCY WHO MUST FILE FORM 88 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). * * ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: . You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 88 - EFF. 1/2000 PAGE 1 .. .. APPOINTED OFFICERS (continued) . A copy of the form must be provided immediately to the other members of the agency. . The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: . You must disclose orally the nature of your conflict in the measure before participating. . You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST ',-;;;<2""'" J C /~~''l ,hecebyd',,'ose",!o" V t{ ,20 vO: (a) A measure came or will come before my agency which (check one) inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of whom I am retained; or inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained me. , by , which (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: C~,/J4?tYr v' r/' ~"'/J.h'/' Y/'..<-!7/ v rf ,t;J / /~ / .A.. "" ./; y "" 4' fc/~/"1Z~ f/vr- vcr},? P/ fi;;; J e/,f_____ +:,/ //,.. ,/,"J)' ~/vPt 0 ~ C2~ ~ /r .....,.n..... ;! A/~'\..j ~ O~~ )Ic ,) ~ ;Jv,'~~ ,10,/ nc /Lt ~: /l <;? /2 .r 1/ /0/2?? J oite Filed ./ ~-' ./' / c:::;<~ ~'2~Y~ '- Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 8B - EFF. 1/2000 PAGE 2 ... FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY: MUNICIPAL, AND OTHER lOCAL PUBLIC OFFICERS C HA: ((.lS-S Ii COUNTY $t{V\ I NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE R.A 0 F LlS EO THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON WHICH I SERVE IS A UNIT OF: CITY 0 COUNTY NAME OF POLITICAL SUBDIVISION: o DTHER LOCAL AGENCY -- OLe MY POSITION IS: o ELECTIVE /J( APPOINTIVE WHO MUST FILE FORM 88 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his or her special private gain or loss. Each elected or appointed local officer also is prohibited from knowingly voting on a mea- sure which inures to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent organization or subsidiary of a corporate principal by which he or she is retained); to the special private gain or loss of a relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies under Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above, you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the min- utes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you otherwise may participate in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: . You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. (Continued on other side) CE FORM 88 - EFF. 1/2000 PAGE 1 . -- APPOINTED OFFICERS (continued) . A copy of the form must be provided immediately to the other members of the agency. . The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: . You must disclose orally the nature of your conflict in the measure before participating. . You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the agency, and the form must be read publicly at the next meeting after the form is filed. I, ~~-MvL-ofL. DISCLOSURE OF LOCAL OFFICER'S INTEREST S-'JA~ , hereby disclose that on ,20 o.c (a) A measure came or will come before my agency which (check one) inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of whom I am retained; or inured to the special gain or loss of is the parent organization or subsidiary of a principal which has retained me. (b) The measure before my agency and the nature of my conflicting interest in the measure is as follows: , by , which I ~ J~~ ~;t;;~ ~~. , / 1/ / 0 ,~ Date Filed I I ~J~ =slJ NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES ~112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $10,000. CE FORM 88 - EFF. 1/2000 PAGE 2