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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.