- Board of Adjustments and Appeals
- BAA Meeting February 23, 2022
BAA Meeting February 23, 2022
BOARD OF ADJUSTMENTS AND APPEALS AGENDA
REGULAR MEETING - February 23, 2022
City Hall Council Chambers - 6:00 PM
Any person who decides to appeal any decision of the Board of Adjustments and Appeals, with respect to any matter considered at this meeting, will need a record of the proceedings, and for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based.
The City desires to accommodate persons with disabilities. Accordingly, any physically handicapped person, pursuant to Chapter 286.26 Florida Statutes, should at least 48 hours prior to the meeting, submit a written request to the chairperson of the meeting that the physically handicapped person desires to attend.
NOTICE
All persons who anticipate speaking on any Public Hearing item must fill out an Oath Card to be heard on that agenda item and sign the oath contained thereon. These cards are located on the table near the entrance to the Council Chamber or may be obtained from the Recording Secretary. This meeting will be conducted in accordance to the procedures adopted in Resolution # 24-1997.
Those speaking in favor of a request will be heard first, those opposed will be heard second, and those who wish to make a public comment on the item will speak third. The applicant may make a brief rebuttal if necessary. A representative from either side, for or against, may cross-examine a witness.
Anyone who speaks is considered a witness. If you have photographs, sketches, or documents that you desire for the Commission to consider, they must be submitted into evidence and will be retained by the City. Please submit such exhibits to the Recording Secretary.
Applicants for land use and zoning related items are advised that the resumes of staff members who prepare applicable staff reports are on file in the City Clerk's Office.
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE TO FLAG
III. ROLL CALL AND DETERMINATION OF A QUORUM
IV. APPROVAL OF MINUTES
1. JANUARY 26, 2022 MINUTES
V. QUASI-JUDICIAL CONFIRMATION PROCEDURES
1. Verify all persons wishing to speak before the board has signed an Oath Card.
2. Chairman confirms that all agenda items have been properly advertised.
3. Member's statements if they have visited any of the sites, or spoken to any members of the public regarding an item to be reviewed this evening.
VI. CONSENT AGENDA
VII. OLD BUSINESS
VIII. NEW BUSINESS
2. Variance 4-2022 - 2300 Fox Hollow Drive / Lots 7A, 7B, 7C, 7D, Landscape Yard (Buffers)
3. Variance 5-2022 - 4040 Bramblewood Lane, Accessory Structures
4. Variance 6-2022 - 4230 Osceola Road, Side Corner Yard Setback
5. Variance 7-2022 - 4670 South Street KFC
IX. PETITIONS AND REQUEST FROM THE PUBLIC PRESENT
X. REPORTS
XI. ADJOURNMENT
Board of Adjustments and Appeals
Regular Meeting
February 23, 2022
The Board of Adjustments and Appeals (BAA) of the City of Titusville, Florida, met in regular session in Council Chambers, on Wednesday, February 23, 2022.
XXX
Chairman Taylor called the meeting to order at 6:00 p.m. and asked the assembly to recite the Pledge of Allegiance to the Flag.
XXX
Present were Chairman Thomas Taylor, Vice-Chairman Kristin Smith-Rodriguez, Member Margaret Van Deven, Member Richard Wheelus and Alternate Member Jonathan Van Zyll De Jong. Also, in attendance were Planner Navael Fontus, Assistant City Attorney Chelsea Farrell and Development Specialist Kim Amick. It was determined that a quorum was present.
XXX
Vice-Chairman Smith-Rodriguez made a motion to approve the minutes for January 26, 2022. Member Wheelus seconded. All in attendance voted to approve the minutes.
XXX
Chairman Taylor confirmed the quasi-judicial procedures verifying that all persons wishing to speak before the board has signed an oath card.
XXX
Navael Fontus confirmed that all agenda items had been properly advertised.
Chairman Taylor called for members’ statements, if they had visited any of the sites.
XXX
Consent Agenda Items
None
XXX
Old Business
XXX
New Business
Variance 4-2022 (2300 Fox Hollow Drive / Lots 7A, 7B, 7C, 7D)
Navael Fontus reviewed the staff report and explained what the applicant was requesting.
Matt Merdian, 349 Agnes Street, Orlando, Florida 32801, spoke in favor.
Paul Abate, 8721 Pine Barrens Drive, Orlando, Florida 32817, spoke in favor.
Vice-Chairman Smith-Rodriguez made a motion to approve Variance 4-2022 at 2300 Fox Hollow Drive to reduce the landscape buffers down to 10 feet on the east side and front.
Member Van Deven seconded.
Roll call was as follows:
Chairman Taylor Yes
Vice-Chairman Smith-Rodriguez Yes
Member Van Deven Yes
Member Wheelus Yes
Alternate Member Van Zyll De Jong Yes
Motion passed.
Variance 5-2022 (4040 Bramblewood Lane)
Navael Fontus reviewed the staff report and explained what the applicant was requesting.
Discussion followed.
Steve Stokes, 4040 Bramblewood Lane, Titusville, Florida, spoke in favor. Mr. Stokes handed out pictures to the board.
Alternate Member Van Zyll De Jong made a motion to approve Variance 5-2022 at 4040 Bramblewood Lane for the accessory structure as presented in the concept.
Member Wheelus seconded.
Roll call was as follows:
Member Van Deven Yes
Member Wheelus Yes
Alternate Member Van Zyll De Jong Yes
Chairman Taylor Yes
Vice-Chairman Smith-Rodriguez Yes
Motion passed.
Variance 6-2022 (4230 Osceola Road)
Navael Fontus reviewed the staff report and explained what the applicant was requesting.
Pedro Pineda, 3685 Reddit Road, Orlando, Florida 32822, spoke in favor.
Discussion followed.
Member Wheelus made a motion to approve Variance 6-2022, LDR 28-305(c) for 4230 Osceola Road to reduce the side corner setback by 2.5 feet as requested in the application.
Alternate Member Van Zyll De Jong seconded.
Roll call was as follows:
Member Wheelus Yes
Alternate Member Van Zyll De Jong Yes
Chairman Taylor Yes
Vice-Chairman Smith-Rodriguez No
Member Van Deven Yes
Motion passed.
Vice-Chairman Smith-Rodriguez stated res judicata, the Board in 1996 specifically determined this issue at that variance
Variance 7-2022 (4670 South Street)
Navael Fontus reviewed the staff report and explained what the applicant was requesting.
Jeremy Anderson, 1209 Edgewater Drive, Suite 100, Orlando, Florida 32804, spoke in favor. Mr. Anderson gave a power point presentation.
Vice-Chairman Smith-Rodriguez made a motion to approve Variance 7-2022 at 4670 South Street which is a variance to Section 30-259 to permit screening of the dumpster and a dumpster located in the side yard adjacent to an arterial street as suggested by staff which would include a six-foot-high enclosure as well as a six-foot-high landscape.
Member Van Deven seconded.
Roll call was as follows:
Vice-Chairman Smith-Rodriguez Yes
Member Van Deven Yes
Member Wheelus Yes
Alternate Member Van Zyll De Jong Yes
Chairman Taylor Yes
Motion passed.
XXX
Petitions and Request from the Public Present
XXX
Reports
City Staff – Mr. Fontus stated this will be his last meeting as the staff liaison because he has accepted a job in South Florida.
Mr. Fontus stated there are two items on the agenda for next month.
City Attorney – None.
Chairman – Chairman Taylor stated there is still a vacancy on the board.
Members – None.
Adjournment was at 7:27 p.m.