Board of Adjustments and Appeals                                                            

Regular Meeting

July 27, 2022

The Board of Adjustments and Appeals (BAA) of the City of Titusville, Florida, met in regular session in Council Chambers, on Wednesday, July 27, 2022.

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Chairman Taylor called the meeting to order at 6:08 p.m. and asked the assembly to recite the Pledge of Allegiance to the Flag.

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Present were Chairman Thomas Taylor, Vice-Chairman Kristin Smith-Rodriguez, Member Richard Wheelus, Member Gina Beckles and Alternate Member Jonathan Van Zyll De Jong.  Also, in attendance were Planning Manager Brad Parrish, Assistant City Attorney Chelsea Farrell and Development Specialist Kim Amick.  It was determined that a quorum was present.

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Members Beckles made a motion to approve the minutes for June 29, 2022.  Member Wheelus seconded.  All in attendance voted to approve the minutes.

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Chairman Taylor confirmed the quasi-judicial procedures verifying that all persons wishing to speak before the board has signed an oath card.

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Brad Parrish confirmed that all agenda items had been properly advertised.

Chairman Taylor called for members’ statements, if they had visited any of the sites.

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Consent Agenda Items

None

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Old Business

None

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New Business

Brad asked if the Agenda could be reordered correctly, number 18 should be the first agenda item followed by 19 and 20.

Variance 18-2022 – 1660 Yorktown Avenue

Brad Parrish reviewed the staff report and explained what the applicant was requesting.

Joan and Jerry Robbins, 1660 Yorktown Avenue, Titusville, Florida, spoke in favor.

Dale Hirchert, 1679 Yorktown Avenue, Titusville, Florida, spoke in favor.

Discussion followed.

Vice-Chairman Smith-Rodriguez made a motion to deny Variance 18-2022 on the basis there are no special conditions or circumstances for the property and rather they are created by the applicant.

Member Beckles seconded.

Roll call was as follows:

Chairman Taylor                                             Yes

Vice-Chairman Smith-Rodriguez                   Yes

Member Beckles                                             Yes

Member Wheelus                                            Yes

Alternate Member Van Zyll De Jong             Yes

Motion passed.

Variance 19-2022 – 2901 Jasmine Street

Brad Parrish reviewed the staff report and explained what the applicant was requesting.

Amber and Rudi Gevers, 2901 Jasmine Street, Titusville, Florida, spoke in favor.

Member Wheelus made a motion to approve Variance 19-2022, 2901 Jasmine Street, LDR Section 28-304 to allow a pool and enclosure to encroach into the 20-foot side corner yard setback by five feet.

Brad asked Member Wheelus to site a particular criteria that supports the motion for approval.

Member Wheelus stated the basis for the approval is the position of the house versus the overlay of the zoning setbacks create a unique situation.

Alternate Member Van Zyll De Jong seconded.

Roll call was as follows:

Member Beckles                                             Yes

Member Wheelus                                            Yes

Alternate Member Van Zyll De Jong             Yes

Chairman Taylor                                             Yes

Vice-Chairman Smith-Rodriguez                   Yes

Motion passed.

Variance 20-2022 – 835 Century Medical Drive

Chairman Taylor stated the applicant has submitted a letter dated July 25, 2022 that the variance be withdrawn at this time.

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Petitions and Request from the Public 

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Reports

City Staff – Brad stated he had a short presentation in response to conversations, comments and questions that the board had at the last meeting about the difficulty of being able to adhere to the code in certain circumstances on certain properties especially as to landscape requirements and meeting other setback requirements.  He stated he wanted to give a short presentation that he gave to City Council last year to present them with the issue and see if they can get some direction and comments from them, what they can do in the future to try and make the code a little more flexible.

Vice-Chairman Smith-Rodriguez stated it sounds as if there should be more build in exceptions, obviously redoing the code or amending it but you are still going to have these issues. She stated if there are large identifiable issues like what was presented the code being itself and the provisions today except when and describe those particular set of circumstances but making more exceptions, identifiable exceptions, might be a little easier.

Chairman Taylor stated making those exceptions would that preclude the applicants having to come before them each time for each individual item.

Brad stated it would certainly reduce the number of variances requested that might come before you or even cases.

Vice-Chairman Smith-Rodriguez stated she thought the City could benefit from utilizing social media to let the public know about upcoming meetings.

City Attorney – None.

Chairman – Chairman Taylor stated next is the approval of the Semi-Annual Report to be submitted to City Council on August 9.  There were no objections to the Semi-Annual Report.

Members – None.

Adjournment was at 7:26 p.m.