- Board of Adjustments and Appeals
- August 23, 2023
August 23, 2023
BOARD OF ADJUSTMENTS AND APPEALS AGENDA
REGULAR MEETING - August 23, 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. JULY 26, 2023 MINUTES
V. QUASI-JUDICIAL CONFIRMATION PROCEDURES
- Verify all persons wishing to speak before the board has signed an Oath Card.
- Chairman confirms that all agenda items have been properly advertised.
- 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
- BAA Election of Officers
- Variance (VAR) No. 15-2023, 1715 Craig Avenue
- Variance (VAR) No. 17-2023, 3506 Fox Hollow Drive
- PETITIONS AND REQUEST FROM THE PUBLIC PRESENT
- REPORTS
- ADJOURNMENT
Board of Adjustments and Appeals
Regular Meeting
August 23, 2023
The Board of Adjustments and Appeals (BAA) of the City of Titusville, Florida, met in regular session in Council Chambers, on Wednesday, August 23, 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 Kristen Smith-Rodriguez, Vice-Chairman Thomas Taylor, Member Margaret Van Deven, Member Gina Beckles and Member Richard Wheelus. Also, in attendance were 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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Vice-Chairman Taylor made a motion to approve the minutes for July 26, 2023. Member Van Deven 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.
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Chairwoman Smith-Rodriguez 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
Election of Officers
Member Wheelus nominated Kristen Smith-Rodriguez as Chairwoman.
Member Wheelus nominated Al Taylor as Vice-Chairman.
There was unanimous voice vote.
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Variance15-2023 – 1715 Craig Avenue
Joshua Mesnick reviewed the staff report and explained what the applicant was requesting.
Jeremiah Ofori, 121 Drennen Road, Orlando, Florida, spoke in favor of this item.
Discussion followed.
Vice-Chairman Taylor made a motion to approve Variance 15-2023, 1715 Craig Avenue, to allow two separate properties for the purpose of building single family homes.
Member Wheelus seconded, with clarification that we are allowing less than the 65-foot required minimum.
Vice-Chairman Taylor stated he agreed
Assistant City Attorney Farrell stated the amount of the reduction should be clearly specified in the motion and the motion be amended to say 50 feet width for each lot.
Vice-Chairman Taylor stated he agreed.
Chairwoman Smith-Rodriguez stated the motion is amended, does the second hold.
Member Wheelus stated yes.
Assistant City Attorney Farrell stated she would add that the variance does not change any other land development regulation requirements as far as the square footage or anything else regarding the lot. The only variance being granted is to the width.
Vice-Chairman Taylor stated he agreed.
Chairwoman Smith-Rodriguez stated we have a motion to allow for less than 65 feet to specifically be no less than 50-foot width on the lots and we have a second.
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.
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Variance 17-2023 – 3506 Fox Hollow Drive
Joshua Mesnick reviewed the staff report and explained what the applicant was requesting.
Abby Offerman, 2487 Aloma Avenue, #100, Winter Park, Florida, spoke in favor of this item.
Discussion followed.
Member Beckles made a motion to approve Variance 17-2023, to allow less than the required 20-foot landscape yard buffer to a 10-foot landscape yard buffer on the south side only, with a condition that the landscaping requirements are met and to reduce the size of the terminal islands between the parking lot and the building for five (5) feet and waive the required terminal islands on the south side of the parking lot with a condition that all required terminal island trees are placed within a landscape buffer.
Vice-Chairman Taylor 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
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Reports
Chairwoman – None.
City Attorney – None.
Members – None.
City Staff – Josh stated there are three variance applications for next month’s meeting.
Adjournment was at 6:43 p.m.