HomeMy WebLinkAbout2007 12 07 Board of Adjustment Regular MinutesCITY OF WINTER SPRINGS, FLORIDA
MINUTES
BOARD OF ADJUSTMENT
REGULAR MEETING
DECEMBER 6, 2007
CALL TO ORDER
The Board of Adjustment Regular Meeting of Thursday, December 6, 2007 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 Howard Gasman, present
Board Member Linda Collins, present
Board Member Karen Paine-Malcolm, present
A moment of silence preceded the Pledge of Allegiance.
PUBLIC INPUT
No one spoke.
INFORMATIONAL AGENDA
INFORMATIONAL
100. Not Used.
CONSENT AGENDA
CONSENT
200. Office Of The City Clerk
Approval Of The July 11, 2007 Regular Meeting Minutes.
"I MAKE A MOTION TO APPROVE THE MINUTES AS SENT OUT."
MOTION BY VICE CHAIRMAN TAYLOR. SECONDED BY BOARD MEMBER
GASMAN. DISCUSSION.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
BOARD OF ADJUSTMENT
REGULAR MEETING -DECEMBER 6, 2007
PAGE 2 OF 4
VOTE:
BOARD MEMBER GASMAN: AYE
BOARD MEMBER WATERS: AYE
BOARD MEMBER PAINE-MALCOM: AYE
BOARD MEMBER COLLINS: AYE
VICE CHAIRMAN TAYLOR: AYE
MOTION CARRIED.
AWARDS AND PRESENTATIONS
AWARDS AND PRESENTATIONS
300. Not Used.
400. REPORTS
No Reports were given.
PUBLIC HEARINGS AGENDA
PUBLIC HEARINGS
500. Community Development Department
Recommends The Board Of Adjustment Hear The Request For A Waiver From
Section 6-86., By Way Of Subsection 20-354. (d) (7), Of The City Code Of
Ordinances, To Allow The Replacement Of An Existing Screened Covered Porch
With A Sun Room At The Rear Of The Residence At 891 Stirling Drive (Lot 51, The
Highlands Section One, As Recorded In Plat Book 18, Pages 95-96).
Mr. John Baker, AICP, Senior Planner, Community Development Department presented
this Agenda Item and distributed an aerial picture of the Site to the Board Members.
Next, Mr. Baker read an excerpt into the Record from Section 9-566. of the City Code.
Mr. Daniel Gilmartin, 891 Stirling Drive, Winter Springs, Florida: as the Applicant for
this Request, Mr. Gilmartin thanked Mr. Baker for his assistance and addressed the Board
Members on this issue.
For the Record, Vice Chairman Jack Taylor commented that the Homeowner's
Association is managed by a Management Company.
Discussion continued.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
BOARD OF ADJUSTMENT
REGULAR MEETING -DECEMBER 6, 2007
PAGE 3 OF 4
Chairman Waters opened the "Public Input "portion of the Agenda Item.
Ms. Nancy Pouncey, 893 Stirling Drive, Winter Springs, Florida: spoke in favor of this
Request.
Chairman Waters closed the "Public Input" portion of the Agenda Item.
Vice Chairman Taylor stated for the Record that he was not in opposition since the
Homeowner's Association Architectural Committee approved the Request.
"I MAKE A MOTION WE APPROVE THE WAIVER AS PRESENTED."
MOTION BY VICE CHAIRMAN TAYLOR. SECONDED BY BOARD MEMBER
GASMAN. DISCUSSION.
VOTE:
BOARD MEMBER COLLINS: AYE
VICE CHAIRMAN TAYLOR: AYE
CHAIRMAN WATERS: NAY
BOARD MEMBER PAINE-MALCOLM: AYE
BOARD MEMBER GASMAN: AYE
MOTION CARRIED.
Mr. Baker said, "We will try to put this on the first City Commission Meeting in January
[2008]." Mr. Baker added, "One thing I would request the Board Members who Voted
for this, if I can show how this meets each of the six (6) Critieria."
Board Member Howard Gasman noted, "It is an extenuating circumstance on this one."
Board Member Gasman added, "There is no conflict on the Comprehensive Plan on the -
first Finding and yet you say it is in potential conflict with Section 9-607. which was
recently enacted." Mr. Baker said, "That is the difference between the Comprehensive
Plan and the City Code." Board Member Gasman remarked, "The second one you agree.
The third one does not appear to violate the Building Code provisions for fire and tenant
separation. However, you are back on the zero lot line, which I don't really -this is an
extenuating circumstance in this case because it already exists. Number 4) you said was
`Okay'. Number 5) you said this is not the minimum request." Board Member Gasman
further stated, "I think there is some variation in that also. And Number 6), the
Homeowner's Association approved it, and as far as I'm concerned, if the HOA
(Homeowner's Association) Architectural Board approves it, then it is approved."
With further discussion, Vice Chairman Taylor said, "And it will save me the trouble of
writing a letter."
Chairman Waters asked, "Does that answer the question as the Attorney wants it?" Mr.
Baker said, "I think so."
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
BOARD OF ADJUSTMENT
REGULAR MEETING -DECEMBER 6, 2007
PAGE 4 OF 4
Tape 1/Side B
REGULAR AGENDA
REGULAR
600. Not Used.
ADJOURNMENT
Chairman Waters adjourned the Regular Meeting at 7:48 p.m.
RESPECTFULLY SUBMITTED:
AN L. BROWN
PUTY CITY CLERK
APPROVED:
i/'+ `1
L/ ~.. r /~ ~..
THOMAS WATERS
CHAIlZMAN, BOARD OF ADN5TMENT
NOTE: These Minutes were approved at the February 7, 2008 Regular Board of Adjustment Meeting.