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HomeMy WebLinkAbout2010 01 21 Board of Adjustment Regular Meeting Minutes (Rescheduled from January 7, 2010) CITY OF WINTER SPRINGS, FLORIDA MINUTES BOARD OF ADJUSTMENT REGULAR MEETING JANUARY 21, 2010 (RESCHEDULED FROM JANUARY 7, 2010) CALL TO ORDER The Regular Meeting of Thursday, January 21, 2010 (Rescheduled from January 7, 2010) of the Board of Adjustment 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 Casman, present Board Member Linda Collins, present Board Member Karen Paine - Malcolm, present A moment of silence preceded the Pledge of Allegiance. INFORMATIONAL AGENDA INFORMATIONAL 100. Not Used. CONSENT AGENDA CONSENT 200. Office Of The City Clerk Requesting Approval Of The December 3, 2009 Regular Meeting Minutes. "I MAKE A MOTION TO APPROVE THE MINUTES" (DECEMBER 3, 2009). MOTION BY BOARD MEMBER CASMAN. SECONDED BY BOARD MEMBER COLLINS. DISCUSSION. N CITY OF WINTER SPRINGS, FLORIDA MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - JANUARY 21, 2010 (RESCHEDULED FROM JANUARY 7, 2010) PAGE 2 OF 5 VOTE: CHAIRMAN WATERS: AYE BOARD MEMBER PAINE - MALCOLM: AYE BOARD MEMBER COLLINS: AYE VICE CHAIRMAN TAYLOR: AYE BOARD MEMBER CASMAN: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Not Used. 400. REPORTS Deputy City Clerk Joan Brown distributed the latest Member List to each Board Member and asked if they had any changes or revisions. PUBLIC INPUT No one spoke. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Community Development Department Recommends The BOA (Board Of Adjustment) Hear The Request For A Waiver From The 25 Foot Front Yard And 15 Foot Side Yard Setback Requirements Set Forth In Section 20 -255. Of The City Code For Principle Structures Within The C -2 Zoning District, For A Site Located Along The North Side Of SR (State Road) 419, Immediately West Of The Layer Elementary School, Pursuant To The Waiver Criteria And Procedure Detailed In Section 20 -34., To Allow The Building To Be Located Up To The Front And Side Property Lines (The Footer Must Be Contained Within The Site). The Waiver Addresses Only Zoning Setback Requirements And Does Not (Cannot) Address Building Code Or Other Life - Safety Code Issues Associated With The Potential Attachment Of A Building Structure To The Perimeter Wall. CITY OF WINTER SPRINGS, FLORIDA MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - JANUARY 21, 2010 (RESCHEDULED FROM JANUARY 7, 2010) PAGE 3 OF 5 Mr. John Baker, AICP, Senior Planner, Community Development Department presented this Agenda Item and stated that, "This Request has been advertised — we have the sign that has been up there before the time — minimum required which is five (5) days. It has been up far longer than that and about three (3) weeks ago, a letter went out to each of the names provided by the Applicant and the list is in your packet. The Public has been duly Notified." Photographs of the property were shown to the Board Members. Continuing, Mr. Baker added, "The Applicant has obtained a Building Permit to construct the ten foot (10') Wall around the Perimeter and the area for this Wall is shown in `Attachment A' - where the Wall will be." Mr. Baker then added, "No Site Plan or Aesthetic Review has been approved for anything but this Perimeter Wall. The Site Plan you see has been submitted, but it has not been approved as such. It is a Site Plan for the Wall not for the rest of the Property." Mr. Baker read the "FINDINGS:" into the Record and stated, "Staff recommends Approval of the setback Waiver since we believe it does meet the Criteria. This Waiver is conditioned upon the Property Owner conveying the thirty foot (30') wide Trail right - of -way to the State and building the required ten foot (10') high Perimeter Wall. This does not become effective until the Trail right -of -way is dedicated and the Wall is built." Mr. Randy Stevenson, AICP, ASLA, Director, Community Development Department addressed the Board Members regarding the property site. Chairman Waters commented that he works for Seminole County and that this does not conflict with this Agenda Item. Mr. Bob Goff 600 Old Sanford - Oviedo Road, Winter Springs, Florida: stated that he works for Mr. and Mrs. Phillips and is requesting a Waiver on behalf of the Applicant. Chairman Waters opened the "Public Input " portion of this Agenda Item. No one spoke. Chairman Waters closed the "Public Input" portion of this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - JANUARY 21, 2010 (RESCHEDULED FROM JANUARY 7, 2010) PAGE 4 OF 5 "I MAKE A MOTION TO APPROVE THE WAIVER REQUEST AS PRESENTED BY STAFF SUBJECT TO THE FOLLOWING CONDITIONS; A) PROPERTY OWNER CONVEYS THE THIRTY FOOT (30') WIDE TRAIL RIGHT -OF -WAY TO THE STATE AND B) THE WAIVER DOES NOT BECOME EFFECTIVE UNTIL THE TRAIL RIGHT -OF -WAY IS DEDICATED AND THE PERIMETER WALL IS BUILT." MOTION BY VICE CHAIRMAN TAYLOR. SECONDED BY BOARD MEMBER PAINE - MALCOLM. DISCUSSION. VOTE: BOARD MEMBER COLLINS: AYE VICE CHAIRMAN TAYLOR: AYE CHAIRMAN WATERS: AYE BOARD MEMBER PAINE - MALCOLM: AYE BOARD MEMBER CASMAN: AYE MOTION CARRIED. Chairman Waters asked, "This goes to the Commission on the 8 (February 2010) ?" Mr. Baker answered, "Yes." REGULAR AGENDA REGULAR 600. Office Of The City Clerk Requesting An Election Of Chairperson Be Held For 2010. "I MAKE A MOTION THAT WE RETAIN [CHAIRMAN] TOM WATERS AS OUR CHAIRMAN." MOTION BY BOARD MEMBER CASMAN. SECONDED BY BOARD MEMBER COLLINS. DISCUSSION. DEPUTY CITY CLERK BROWN ASKED, "CHAIRMAN WATERS, DO YOU ACCEPT THE POSITION ?" CHAIRMAN WATERS REPLIED, "I WOULD ACCEPT THE NOMINATION." VOTE: BOARD MEMBER COLLINS: AYE VICE CHAIRMAN TAYLOR: AYE CHAIRMAN WATERS: AYE BOARD MEMBER PAINE - MALCOLM: AYE BOARD MEMBER CASMAN: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - JANUARY 21, 2010 (RESCHEDULED FROM JANUARY 7, 2010) PAGE 5 OF 5 REGULAR 601. Office Of The City Clerk Requesting An Election Of Vice Chairperson Be Held For 2010. "I MAKE A MOTION THAT WE RETAIN [VICE CHAIRMAN] JACK TAYLOR AS OUR VICE CHAIRMAN." MOTION BY BOARD MEMBER CASMAN. SECONDED BY CHAIRMAN WATERS. DISCUSSION. DEPUTY CITY CLERK BROWN ASKED, "VICE CHAIRMAN TAYLOR, DO YOU ACCEPT THE POSITION ?" VICE CHAIRMAN TAYLOR REPLIED, "I ACCEPT." VOTE: CHAIRMAN WATERS: AYE BOARD MEMBER PAINE- MALCOLM: AYE BOARD MEMBER CASMAN: AYE BOARD MEMBER COLLINS: AYE VICE CHAIRMAN TAYLOR: AYE MOTION CARRIED. Brief discussion ensued on other City projects. ADJOURNMENT Chairman Waters adjourned the Meeting at 7:20 p.m. RES1'F_,TFULLY SUBMITTED: J• AN L. - BR WN UTY CITY CLERK APPROVED: THOMAS WATERS CHAIRMAN, BOARD OF ADJUSTMENT _ • — — — CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 26, 2010 PAGE 13 OF 22 Mayor Bush closed the "Public Input " portion of the Agenda Item. "MOTION TO APPROVE (ORDINANCE 2010 -11) ON SECOND READING." MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER BONNER: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BROWN: AYE MOTION CARRIED. PUBLIC HEARINGS 501. Community Development Department — Planning Division And The Office Of The City Attorney REQUEST: Request That The City Commission Hold A Second Reading And Adoption Public Hearing For Ordinance 2010 -09, Which Abolishes The Board Of Adjustment And Provides For Its Responsibilities To Be Reallocated To The Planning And Zoning Board. FISCAL IMPACT: Elimination Of The Board Of Adjustment Will Reduce City Expenses Particularly Related To The City Clerk's Department. COMMUNICATION EFFORTS: Feb. (February) 1, 2010 - Commission Workshop To Review Citizen Boards And Committees Commission Agenda Items Are Posted In City Hall And Posted On City's Website April 12, 2010 - 1" Reading Of Ordinance Before The City Commission April 15, 2010 - Public Noticing In Orlando Sentinel (10 [Ten] Days Prior To Adoption) RECOMMENDATION: The Community Development Department — Planning Division And The City Attorney Request That The City Commission Hold A Public Hearing For Second Reading And Adoption Of Ordinance 2010 -09 (Reallocating The Duties Of The Board Of Adjustment To The Planning And Zoning Board). Attorney Garganese read Ordinance 2010 -09 by "Title" only. Ms. Eloise Sahlstrom, ASLA, AICP, Senior Planner, Community Development Department briefly addressed the Commission. Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. "MOTION TO APPROVE (ORDINANCE 2010 -09) ON SECOND READING." MOTION BY DEPUTY MAYOR BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - APRIL 26, 2010 PAGE 14 OF 22 VOTE: COMMISSIONER KREBS: AYE COMMISSIONER HOVEY: AYE COMMISSIONER McGINNIS: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER BONNER: AYE MOTION CARRIED. PUBLIC HEARINGS 502. Community Development Department REQUEST: Requests The Commission Consider The Aesthetic Review For The Starlight Baptist Church Basketball Court Enclosure, Located At The Northwest Corner Of Hayes Road And East Bahama Road. FISCAL IMPACT: No Property Taxes Are Assessed On The Site. Permit, Utility Connection, And Impact Fees Will Be Collected. COMMUNICATION EFFORTS: No Further Efforts Have Been Made For The Aesthetic Review, Beyond Those Routinely Done By The City Clerk's Office. RECOMMENDATION: Staff Recommends That The City Commission Approve The Aesthetic Review Plans. Mr. John Baker, AICP, Senior Planner, Community Development Department introduced this Agenda Item for discussion. Discussion. Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. "MOTION TO APPROVE." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER KREBS: AYE COMMISSIONER HOVEY: AYE DEPUTY MAYOR BROWN: AYE COMMISSIONER BONNER: AYE MOTION CARRIED.