HomeMy WebLinkAbout2002 10 28 Regular C Appointment to Board of Adjustment
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REQUEST:
COMMISSION AGENDA
ITEM e,l
Consent
Informational
Public Hearing
Regular X
October 28. 2002
Regular Meeting
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Mgr. / \J)ept.
Authorization
The City Clerk requests that Commissioner David W. McLeod make an
Appointment to replace a Member of the Board of Adjustment who was removed
from serving on this Board as a result of exceeding the permitted number of
absences, in accordance with the Code ~f Ordinances.
PURPOSE:
This Appointment is needed to replace the Board of Adjustment Member who was
recently removed from the Board of Adjustment as a result of exceeding the
permitted number of absences.
CONSIDERATIONS:
A Memorandum dated July 5, 2002 was submitted to the City Commission with
information pertaining to five (5) Advisory Board/Committee Members to be
removed for excessive absences. One Advisory Committee member was
reappointed. A letter dated July 9, 2002 was sent to the four (4) remaining
individuals informing them of their removal from the respective
Boards/Committees. Since that date, one (1) Appointment remains to be made:
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CITY OF WINTER SPRINGS
CITY COMMISSION
REGULAR MEETING - OCTOBER 28. 2002
REGULAR AGENDA ITEM "C"
PAGE 2 OF 2
Appointment:
Commissioner David W. McLeod is requested to make an Appointment to the
Board of Adjustment to replace Mr. Greg Smith who is no longer serving on the
Board of Adjustment.
If this Appointment is not made at this Meeting, this matter will be placed on
subsequent Agendas until the vacancy has been filled, or as otherwise suggested
by Commissioner David W. McLeod.
FUNDING:
None.
RECOMMENDATIONS:
Commissioner David W. McLeod is requested to make an Appointment to the
Board of Adjustment to replace Mr. Greg Smith.
. ATTACHMENTS:
A. Information related to the Board of Adjustment.
B. An excerpt from the July 8, 2002 Regular Meeting Minutes with discussion
related to the Memorandum dated July 5, 2002 which was submitted to the
City Commission regarding information pertaining to several Advisory Board
and Committee Members who were ineligible to continue serving on their
respecti ve Boards/Committees.
COMMISSION ACTION:
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A TT ACHMENT
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WINTEI! SPIUNGS CODE
Sec. 20.S? Outies; g-cnet'al.
Th(~ planning and zoning board shall scrv'e as
the pJarlnllllg and zoning commission. It shall be
the duty of the planning and zoning board to
recom mend to the city commission the boundaries
of the various original zoning districts and appro-
priate regulations to be enforced therein and any
proposed a.mendments thereto and shall collect
data and keep itself informed as to the best
practices generally in effect in the matter of city
planning and zorung to the end that it may be
qualified to act on measures affecting the present
and future movement of traffic, the segregation of
residential and business districts and the conve-
nience and safety oC-persons and property in any
way dependent on city planning.and zoning. The
board shall recommend the boundaries of dis-
~c :.~~::c and appropriate regulations. In addition
~~.~.. the planning and zoning board. shall
_,:0..,.; as the local land planning agency pursuant
:~-_.:. .:.c.~;;"~J- ~c~"~pl.-~~"'~i-..~i-.,-.; P:Cu.J..u;Ul:j dl.;l, and Lh~
... .~ ~-cr()VerT'-:me!1t comprehensive planning act of
hp8i-p and the board shall commence such
~'~on .the adoption of the comprehensive plan
~ the city commission.
:c=. No. H, g 44.10, 1-8-68; Ord. No. 156, g 2,
12 77)
::::" 20-58. Assistants;
Expenditures for all professional and clerical
;:;~,,~;,,;:.:; employed in connection with the per-
:-:-:-::.'::-::".- of the functions of the planning and
. .~ uuani shall be within the amounts appro-
;",u".} for such purposes.
.. No. 44, g 44.12, 1-8-68)
20-59. Recommendations.
The recommendations of the planning and zon-
o board to the city commission shall be in
ii..ill/i; and in duplicate, and shall show the
_ _' = ~ =1.. ;:~~r!d th~ s'-!ggested methttd or meth.
- of financing. As soon as convenient, after the
_ .J' .' _ _ _ _ _ _"_ _ J L _ i.l. _ ..01-. _ _. _ '_
I-II~.II!~IIIJ~'-I_~I_I!~~ ~!'~ !f..:ce'!Veu uy Ule ClLY curnruls.
the city commission shall call for a public
. -;; reg a rd i ng the regu la tion, restriction or
-'--. ~~ at which parties in interest and citi.
.. - h~Vf';1/) nnnnrh,nitv to be heard Noticc
-~ --- - --- UI.I'~_ --"'-J .
_ tjlll(~, place and purpose of the public
hcaring shall be published once. 110 less than
(j fteen ( 15) days prior to the ti I1H~ 01" the hea /'i ng in
a newspaper of general circulatiol1 ill the city and
notice shall also be posted in th rce (:J) conspicuous
places throughout the city. After public hearing,
the city commission shall consider and act upon
the recommendations of the planning and zoning
board and upon completion of action by the com-
mission, the city clerk shall return to the plan-
ning and zoning board a copy of the recommenda-
tions with the commission's action noted thereon.
(Ord. No. 44, g 44.13, 1-8-68)
Sees. 20-60-20-75. Reserved.
DIVISroN 3. BOARD OF ADJUSTMENT*
Sec. 20-76. Creation.
There is hereby created a board of adjustment
for the city.
(Ord. No. 44, ~ 44.17, 1-8-68)
Sec.. 20-77. Composition. appointment of
members.
The board of adjustment shall consist of five (5)
members having designated seats one (1) through
five (5) with such numbers corresponding with a
.commission seat. .Each member shall he..a.Citizen'
and registered voter of the .city and each appoint-
rp.ent by the respective commission member occu-
pying the corresponding numbered seat shall be
subject to commission ratification.
(Orq. No. 44, S 44.18. 1-8-68; Ord. No. 105. S I.
7-1-74; Ord. No. 214, ~~ 1,2.5-13-80)
Sec. 20-78. Tenn; filling vacancies: removal
of members.
The term of office of the members of the board
of adjustment shall run from the second Friday in
.Editor's note-Ord. No. 577. ~ r, adopted Feb. 3, 1995.
amended Div. m, ~~ 20.76-20-84, of Art. rr to provide that
the decisions of the board of adjustment shall be reconllllen.
dations to the city commission and that the city commission
shall be the final authority for granting or denying requests
for variances. special exceptions or other requests pursuant to
section 20.82. As Ord. No. 577 did not specify amelldatory
lan(:uage. lhe editor has amended the language of lhe provi.
sions or I);,.. :11.0 COllronllto lhe requiremellls orOrd. No. f,77.
Cross r(~(Cf"(~ltce--B()ards. cOIl1l11ilt.et."s. COllllllissioflS. ~ 2.4 I
Cl seq.
1318
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,July <lncl each member appointed shall serve for a
term or two (2) years. or until his sllccessor is
nppointed and qualified. Except however, the first
board appointed shall serve terms as {ollows:
Seats two (2) and four (4), shall serve the full
two.year term ending July 10, 1982. Seats one (1),
three (3), and tive (5) shall serve a one-year term
ending July la, 1981. Vacancies on the board may
be tilled by the commission member who:,e seat
number corresponds with the vacant board of
adjustment seat, subject to commission ratifica-
tion. rf any commissioner fails to appoint a. mem-
ber within two (2) regularly scheduled commis-
sion meetings after a vacancy occurs or a ~rm
expires, that seat will be filled by the mayor,
subject to the ratification by city commission;
Members shall be subject to removal from office
by the commission for failure to perform their
duties or for other misconduct in office or auto-
matically for failure to attend three (3) me,etings
wit.hin any twelve-month period of time. For pur-
poses of removal, an absence from a specially
. called meeting of the board shall count the same
as an absence from a regularly schedule meeting. .
(Ord. No. 44, 9 44.19, 1-8-68; Ord. No. 105, S 1,
7-1-74; Ord. No. 214, 99 1, 2, 5-13-80; arC!. No.
260, 9 I, 1-26-82)
Sec. 20-79. Appointment of chairman, vice-
chainnan.
There shall be a chairman and vice-chairman
of the board of adjustment selected from and by
the members. They shall serve a term of one (1)
year or until their appointment to toe board is
terminated, whichever is shorter, unless sooner
removed by the board.
(Ord. No. 44, 9 44.19.1, 1-8-68; Ord. No. 214, S 2,
5-13-80)
Sec. 20-80. Compensation; allowances fOI. ex-
penses incurred in performance
of duties.
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Members of the board of adjustment of the city
shall be reimbursed from the city treasury to
cover the expenditures naturally and necessarily
incurred by thcm and that such reimbursement
.fir expenses shall hc estilb.lished by resolution.
~rd. No. tltI, ~ tltl.19.2. I.H.GS; Ord. No. 219, ~ 2,
7.8-80)
1319
ZONING
Ii 20.82
Sec. 20-81. Meetings; qUOI'ums; records to
be kept.
The board of adjustment shall meet bimonthly
at a time set by its members. A special meeting
may be called at any time by the chairman or any
three (3) of its members if the need should arise.
Three (3) members shall constitute a quorum. No
action by the board of adjustment, except a vote to
adjourn or to continue a matter to a subsequent
date, shall be valid or binding unless adopted by
affirmative vote of three (3) or more members of
the board. Complete records of all proceedings
shall be kept.
(Ord. No. 44, S 44.20, 1-8-68; Ord. No. 173, S I,
9-8-78; Ord. No. 260, S 2, 1-26-82)
Sec. 20-82. Duties and powers; general.
The board of adj ustment shall make recommen-
dations to the city commission to grant any vari-.
ance or special exception as delineated in this
chapter.
(1) The board of adjustment shall have the
additional following specific powers and
duties:
a. To hear and make recommendations
on appeals only where it is alleged
there is error in any order, require-
ment, decision or determination made
by an administrative official in the
enforcement of any zoning ordinance
or regulations adOpted.
. b: To hear and make recommeridations
to the city commission on special
exceptions as authorized under the
terms of the city's zoning ordinances;
to make recommendations to the city
commission on such questions as are
involved in determining when spe-
cia:! exceptions should be granted;
and to make recommendations to
the city commission on special excep-
tions with appropriate conditions and
safeguards, or to recommend denial
of special exceptions when not in
harmony with the purpose and in-
tent of the zoning regulations. In
granting any special exceptioo with
appropriate conditions and safe.
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ATTACHMENT
"B"
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CITY OF WINTER SI'I{INGS
MINIJTES
CITY <:O;\I.\IISSIO;,'
REGULA R 1'-1 EETING - JUI. Y S. 2002
1'1\(;1'. J OF 32
Ms. Carol Fattier, 208 Heatherwood Court, Winter Springs, Florida: documents were
distributed and Ms. Fattier spoke of recent remarks made by Mati Khcmlani and
explained some of the differences between "Concerned Citizens of Winter Springs" and
"People For Good Government."
Mr. Mike Schrimsher, 600 Colonial Drive, Suite 100, Orlando, Florida: pointed out that
the boundary between the Town Center and Commercial "Is incorrect on our property -
that it bisects our property on the south side of [State Road] 434 and results in it being
incorrect on the north side as well because of where it intersects." Mr. Schrimsher noted
for the record that regarding the proposed Ordinance 2002-07, that "Mini-storage" was
not included in this Ordinance, and commented on retail.
Ms. Sharon Tackaberry, 634 Cheoy Lee Circle, Winter Springs, Florida: stated that due
to vacation, she had been unable to provide Commissioner McLeod with "The material
that he needed to see if he could get a better quote for a survey." Ms. Tackaberry then
advised the Commission that she had spoken with Ms. Sandy Bierly and that "She would
see what she could do also to help us." Ms. Tackaberry then requested additional time.
Further, Ms. Tackaberry stated that flooding from the "Detention" pond has spilled mud'
into the last 2 ~ lots.
Mayor Partyka said to Manager McLemore, "You will check into the mud issue?"
Manager McLemore stated, "I will. I suspect most of it is coming off the land that has
been cleared but we will certainly check it."
Mr. Mervin Warner, 673 Keuka Court, Winter Springs, Florida: remarked about Liens,
and that the Code Enforcement Board recently made a decision regarding Liens, and
stated that "We did not have enough information to make a good decision as to what a
reduction would be." Mr. Werner also asked about the "TLBD" project and inquired
"When is it going to be finished?" Additionally, Mr. Werner commented on poor quality
sod that was laid and asked if this was proper. .
Mr. Mati Khemlani, 605 Morgan Street, . Winter Springs, Florida: spoke on the removal
of Board/Committee Members; the :recent removal of a Board Member from one of the
City's Advisory Committees; and remarked about the nwnber of meetings that the
Tuscawilla Lighting and Beautification District Advisory Committee had held.
Discussion ensued on the removal of Advisory Board and Committee Members and a
recent Memorandum re~arding five (5) individuals who due to absences which exceeded
the permitted limit, are no longer legally eligible to serve on the respective
Boards/Committees.
Regarding this matter, Commissioner Martinez stated, "At the last meeting we went
down the line from Seat One all the way down to Seat Five and we made appointments. I
appointed or reappointed Ms. Louise Allen - it doesn't appear in the Minutes. I re~all it
specifically because it was the only person I had listed on there that had to be appointed.
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CITY OF WINTER SPRINGS
MINUTES
CITY COi\livIlSSION
REGULAR i\IEETlNG - JULY 8. 2002
"AGE 4 OF 32
It does not appear in the Minutes. Second of all, there is a conflict between the
Ordinance, the Resolution, and the old Ordinance." Commissioner Mal1inez further
stated that regarding the conflicts that "We need to straighten that out before we start
exercising this right to - dismiss people from the Boards because they have m issecl three
(3) or five (5) meetings in a year."
Deputy Mayor Cindy Gennell then stated, "There is a conflict. I think we need to ask the
City Manager, City Attorney to bring it back to us and to get these different requirements
to agree with one another. This is craziness to have Boards saying different things."
Tape I /Side B
Discussion ensued on a recent Advisory Committee Member who had been removed
from further service. Attorney Garganese stated, "I will be happy to look at those other
five (5) with the City Clerk." Manager McLemore added, "It is true that you have got
two (2) different Ordinances that appear to be in conflict with each other, and the only
way to solve ~ that issue is you read them together and you take the one that is most
stringent. In order to put all of that together, we would have to go back and amend all
those Ordinances - that provide for situations or are different from all the others; and
some are just unique and have. unique situations, therefore it may not be easy to give one
rule that fits all."
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Mayor Partyka stated, "Let's give a chance. for Anthony to look at this and see what .the
rules say, what his suggestions are.- and some issues I think came up, so let's see what he
comes back with and bring this up maybe at the next Agenda."
Attorney Garganese stated, "There are two (2) issues - one will be the five (5) individuals
that are in. the sheet that the City Clerk passed out. The other issue is overall, the
structure that you - currer!tly have in place for Board Member attendance requirements.
Two (2) different issues. The new Ordinance that you have in place is in addition to and
supplemental to any other requirements that you may have for specific Boards. and you
read everything together and the more stringent will apply." Furthermore, Attorney
Garganese said, "So if you want me to go back and not only look at those five (5) - and if
you want me to look at the whole Board structure again, I would be happy to do that, I
just need some direction."
Commissioner Martinez suggested, "I do no not think that we should be looking at
anything in the past. I think we should draft something for the future and start applying it
from that time on - from the time it is approved; and I am requesting the City Manager
bring us something back, an Agenda Item for the next Meeting."
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Deputy Mayor Gennell stated, "If you will take it in the direction of a Board that meets as
"TLBD" [Tuscawilla Lighting and Beautification District Advisory Committee] was
there for a long time, weekly - and a couple of the other Boards - the short Boards met
weekly in order to knock out some of the work we had wanted them to do. Those are
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CITY OF WINTER SPRINGS
MINUTES
CITY CO,\oI,\olISSION
I(EGlJLAR MEETING - JULY 8. 2002
"AGE 5 OF 32
going to need one criteria, whereas the ones that meet monthly or quarterly are going to
need other standards, and I think if we put it all in one document that addresses all of
them, [ don't think it is that impossible to do - ane! if we have to undo some things that
are currently existing - okay, that is what it takes to straighten it oUL"
With further discussion about Ordinance 2001-49, Attomey Garganese pointed out that
"When you look at the attendance requirement, it says unless otherwise provided by City
Charter or elsewhere in the City Code. There are minimum attendance requirements that
are set forth, and those minimum attendance requirements are supplemental and in
addition to any other attendance requirements that may apply specifically to a Board."
Attorney Garganese then stated, "Given some of the confusion of the last couple of
weeks regarding the application of this 'Ordinance, why don't I go back, and there are a
handful, six (6) or seven (7) Ordinance provisions regarding specific Boards and let's
take them out of the Code and repeal them expressly and we will have the attendance and
absence requirements just set forth only in this Ordinance - and it will give you an
opportunity to look at those requirements."
Commissioner Blake inquired, "Would you craft a new Ordinance, not this Ordinance,
but a new Ordinance that would repeal those provisions but also could potentially have
some discussion of attendance requirements at Boards that may not be based on strict
meeting measurements but perhaps a percentage of absences or something like that,
because it is not the same if you serve on - for instance the Board of Adjustment which
might meet once a quarter, maybe: twice a quarter if things are busy, versus say for
instance, the TuscawilIa Board [TuscawillaLighting and Beautification District Advisory
Committee] that Mr. Khemlani mentioned that I know has met probably thirty. (30) times
in the last year, if not more. The same strict measurement or type of measurement is
probably not proper for both - so if we do bring back any Ordinance, I think we should
gi ve some consideration to that issue."
Mayor Partyka asked, '~Are we all in agreement to just bring back the Agenda Item with
some kind of comments from everybody? Now, in lieu of that, the current Ordinances
are in effect, is that correct?" Attorney Garganese stated, "That is correct." Mayor
Partyka added, "So we just have to live with what it is now." Attorney Garganese then
advised the Commission, "Nothing prohibits this Commission from reappointing
somebody that is automatically removed under these conditions - they obviously have to
fill out the appropriate application, and meet the residency requirements, and the
background check requirements."
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Deputy Mayor Gennell stated, "Anthony had asked for direction so I am bringing these
things forward on this issue. There was an understanding among some of the
Commissioners and maybe some of the public at one time, that that was so many
absences - if they were unexcused and all, and then there came the conversation of well,
there is nothing in there that spells out excused, what is excused, what is not excused:'"
Deputy Mayor Gennell inquired, "Are we going to have a provision for excused, and if
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CITY OF WINTER SPRINGS
MINUTES
CITY COM"lISSION
REGULAR M[ETING - JULY 8.2002
PAGE 6 OF 32
we are, what is it going to be, or if we are not going to have it'?" l';urthermore, Deputy
Mayor Gennell stated, "f don't think it is spelled out, and I think if we are going to have
it - it needs to be."
City Clerk Andrea Lorenzo-Luaces inquired, "Regarding the Memorandum, do you wish
those five (5) individuals - for it to be held in abeyance until something comes back'?"
Mayor Partyka stated, "You can't, it is an Ordinance. You can't, whatever it is, it is. But
this is what precipitated this discussion, so hopefully by next Agenda we will have
everything worked out. And, the point was made by Mr. Garganese that if any
Commissioner wishes to reappoint those people, they can do it today."
III. CONSENT - PART I (CONTINUED FROM THE JUNE 24, 2002
REGULAR MEETING)
CONSENT
B. Community Development Department
Presents A Request By Tuskawilla Office Park, LLC, To Allow A 15 Foot Wide
Temporary Construction Easement Over The 15 Foot Wide Upland Buffer
Adjacent To The Wetlands Abutting The North Side Of Tuskawilla Office Park
Mayor Partyka stated, "Under the Consent Agenda there was only one comment - that is
Consent 'B,' that is going to be moved to Regular with 'F.'''
IV. REGULAR - PART I (CONTINUED FROM THE JUNE 24,
2002 REGULAR MEETING)
REGULAR
C. Office Of The Mayor
Requesting The Commission To Discuss Concerns He Has With Amendments To
Ordinance 2002-13 Which Was Approved By The Commission On May 13, 2002
. Regarding Dumpsters Located Within The City Of Winter Springs.
With discussion, Manager McLemore stated, "Instead of me having to deal with these
people and not know what to tell them, I would rather review these sights and come to
you and say you know, here are the issues we are going to face on these various sights -
now from a policy perspective, how do I deal with them?" Furthermore, Manager
McLemore said, "I woJid rather take the time and look at all these and pull out of that the
ones that are going to be problematic and have some way that we all understapd that we
are going to deal with those issues."
Deputy Mayor Gennell stated, "So we have fifteen 15 months for these people to come
into compliance, and how many existing dumpsters do we have?" Manager McLemOTe
responded, "250, somewhere in that range." Deputy Mayor Gennell then said, "Arid the