- Board of Adjustments and Appeals
- April 26, 2023
April 26, 2023
BOARD OF ADJUSTMENTS AND APPEALS AGENDA
REGULAR MEETING - April 26, 2023
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. MARCH 1, 2023 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 (VAR) No. 5-2023 803 Indian River Avenue
3. Variance (VAR) No. 6-2023 4411 Capron Road
IX. PETITIONS AND REQUEST FROM THE PUBLIC PRESENT
X. REPORTS
XI. ADJOURNMENT
Board of Adjustments and Appeals
Regular Meeting
April 26, 2023
The Board of Adjustments and Appeals (BAA) of the City of Titusville, Florida, met in regular session in Council Chambers, on Wednesday, April 26, 2023.
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Chairwoman Smith-Rodriguez called the meeting to order at 6:00 p.m. and asked the assembly to recite the Pledge of Allegiance to the Flag.
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Present were Chairwoman Kristin Smith-Rodriguez, Vice-Chairman Thomas Taylor, Member Gina Beckles, Member Margaret Van Deven and Member Richard Wheelus. Also, in attendance were Community Development Director Brad Parrish, Planner Joshua Mesnick, Assistant City Attorney Chelsea Farrell and Sr. Administrative Assistant Kim Amick. It was determined that a quorum was present.
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Member Wheelus made a motion to approve the minutes for March 1, 2023. Member Beckles seconded. All in attendance voted to approve the minutes.
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Chairwoman Smith-Rodriguez confirmed the quasi-judicial procedures verifying that all persons wishing to speak before the board has signed an oath card.
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Joshua Mesnick confirmed that all agenda items had been properly advertised.
Chairwoman Smith-Rodriguez called for members’ statements, if they had visited any of the sites.
Vice-Chairman Taylor stated he did do a drive by at Capron Road but did not stop or speak to anyone.
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Consent Agenda Items
None
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Old Business
None
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New Business
Variance 5-2023 – 803 Indian River Avenue
Joshua Mesnick reviewed the staff report and explained what the applicant was requesting.
Jerry Knerr, 885 Sandhurst Court, Titusville, Florida, 32780, spoke in favor.
Michael Colman, 1302 Riverside Drive, Titusville, Florida, spoke in favor.
Member Wheelus made a motion to approve Variance 5-2023, 803 Indian River Avenue, a variance to Section 28-310, to allow a six-foot, two-inch interior side yard setback. He stated the special conditions are the historic nature of the home built in 1905 and the zoning codes are ex post facto.
Member Van Deven seconded.
Roll call was as follows:
Chairwoman Smith-Rodriguez Yes
Vice-Chairman Taylor Yes
Member Beckles Yes
Member Van Deven Yes
Member Wheelus Yes
Motion passed
Variance 6-2023 – 4411 Capron Road
Joshua Mesnick reviewed the staff report and explained what the applicant was requesting.
Mark Frank, 3670 S. Hopkins Avenue, Titusville, Florida, spoke in favor.
Constance Ashworth, 4470 Capron Road, Titusville, Florida, spoke against.
Mark Frank gave a short rebuttal.
Michael Seely, 4466 Capron Road, Titusville, Florida, spoke against.
Mark Frank gave a short rebuttal.
Vice-Chairman Taylor made a motion to deny Variance 6-2023, 4411 Capron Road. He stated the reason for the denial is it is not allowed by Code.
Member Beckles seconded.
Roll call was as follows:
Member Beckles Yes
Member Van Deven Yes
Member Wheelus Yes
Chairwoman Smith-Rodriguez Yes
Vice-Chairman Taylor Yes
Motion passed.
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Petitions and Request from the Public
Stan Johnston, 860 Poinsettia Avenue, Titusville, Florida 32796 spoke about issues regarding SNJ Oaks.
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Reports
City Staff – Brad stated there are applications to consider at the next meeting.
City Attorney – None.
Members – Vice-Chairman Taylor asked if the next meeting was May 24. Brad stated yes.
Chairwoman – None.
Adjournment was at 6:49 p.m.