- Board of Adjustments and Appeals
- BAA Meeting February 24, 2021
BAA Meeting February 24, 2021
BOARD OF ADJUSTMENTS AND APPEALS AGENDA
REGULAR MEETING - February 24, 2021
City Hall, Council Chamber, Second Floor - 6:00 PM
In order to help prevent the spread of the COVID-19 (Coronavirus) and to comply with all local, state, and federal laws and guidelines regarding social distancing rules, designated seating shall be provided for the public at Board of Adjustment and Appeals and other City Boards meetings. Individual speakers shall, when directed to do so, be given the opportunity to speak on agenda items during the meetings in accordance with City of Titusville policies and Resolution No. 36-2020. No tripods, easels, props, or other demonstrative aids shall be brought into public meetings of Board of Adjustments and Appeals and City Boards. Speakers are permitted to have a sign with them during their designated speaking time provided that the sign is held by the speaker and is to be removed at the conclusion of their speaking time. Speakers who appear in person will be subject to screening for symptoms of COVID-19 and any persons exhibiting any symptoms of COVID-19 will not be permitted to enter City Hall or public meetings of Board of Adjustments and Appeals and City Boards. As an additional method for public participation, the public may submit written comments, via email to planning@titusville.com or by regular mail to Board of Adjustments and Appeals attention at City Hall, 555 South Washington Avenue, Titusville, FL 32796. Written comments must be received by noon (12:00 p.m.) prior to the start of the meeting and include the senders name, address and the subject line must specify the agenda item being addressed. All comments will be disseminated to the Board of Adjustments and Appeals members and made a part of the public record prior to any action being taken.
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. DECEMBER 3, 2020 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
2. Variance (VAR) No. 19-2020 Parrish Park
VIII. NEW BUSINESS
3. Variance (VAR) No. 7-2020 Townhomes at 1299 Elizabeth Ave
4. Variance (VAR) No. 1-2021 105 Pinedo
5. Variance 2-2021 - 1103 John Glenn Blvd.
IX. PETITIONS AND REQUEST FROM THE PUBLIC PRESENT
X. REPORTS
6. APPROVAL OF SEMI-ANNUAL REPORT
XI. ADJOURNMENT
Board of Adjustments and Appeals
Regular Meeting
February 24, 2021
The Board of Adjustments and Appeals (BAA) of the City of Titusville, Florida, met in regular session in the Council Chambers, on Wednesday, February 24, 2021.
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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.
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Present were Chairman Thomas Taylor, Vice-Chairman Sid Chehayeb, Member Kristin Smith-Rodriguez, Member Richard Wheelus and Alternate Member Margaret Van Deven. Also, in attendance were Planning Manager Brad Parrish, Planner Navael Fontus, Assistant City Attorney Chelsea Farrell and Development Specialist Kim Amick. It was determined that a quorum was present.
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Vice-Chairman Chehayeb made a motion to approve the minutes for December 3, 2020. Member Smith-Rodriguez 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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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.
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Consent Agenda Items
None
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Old Business
Brad Parrish stated there was one item that was mentioned in the minutes, Variance Application 17-2020, which was tabled at the last meeting on December 3. The applicant withdrew the application because they were able to resolve their issue. That was the variance application for 1885 Armstrong.
Brad Parrish stated the next item was tabled by the board on December 3, Variance 19-2020 for Parrish Park and that one was withdrawn by the applicant this afternoon. He stated the City Council last night approved an ordinance adopting a new public variance process and so the applicant indicated in the email that they will most likely petition to go through that process for their variances and that would require their variances to be heard by City Council. He stated the applicant is asking for no action on this item.
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New Business
Variance 7-2020 (Elizabeth Ave Townhomes)
Navael Fontus reviewed the staff report and explained what the applicant was requesting.
Kim Fischer, 1614 White Dove Drive, Winter Springs, Florida, spoke in favor. Ms. Fischer passed out renderings of the project to the board.
Member Chehayeb made a motion to approve Variance 7-2020, Section 28-307(c) to allow a 20-foot front yard setback for a townhome development in lieu of the 25-feet.
Member Wheelus seconded.
Roll call was as follows:
Chairman Taylor Yes
Vice-Chairman Chehayeb Yes
Member Smith-Rodriguez Yes
Member Wheelus Yes
Alternate Member Van Deven Yes
Motion passed.
Member Smith-Rodriguez stated for clarification, the conditions that are set out, one through four, if they are going to be adopted for these variances, is that coordinating with the one through five listed above for the specific variances or do they need to piece them apart for each one.
Brad Parrish stated if you do agree with those four conditions, with each variance application you could make a motion to approve with the conditions without having to pick it apart and the ones that are applicable would be applied to that particular variance. He stated each variance that you consider you could just say the same thing in the motion.
Brad Parrish stated the first variance that was just approved sounds like it was approved without any of the conditions and they had one particular condition that they would like to make sure the applicant identifies what is a front and rear setback on the plat.
Member Smith-Rodirguez stated on condition two instead of having an actual easement but require it to specify in a community association or homeowner association declaration of maintaining the tree instead of specifically requiring a common easement.
Chairman Taylor stated on number two add the language HOA or community.
Member Smith-Rodriguez stated yes, a Community Association or Homeowner Association would be required to maintain that.
Brad stated you are replacing that language where it says easement and replacing it with that language to be in the HOA documents.
Member Smith-Rodrigues stated she also says Community Association because if they do not turn it over to the homeowners right a way then the Community Association needs to maintain it.
Brad stated you could state it is something that has to be inserted in the declaration for the property.
Member Smith-Rodriguez stated that makes her comfortable agreeing blanket covering the acceptance of these conditions if they approve the variances.
Chairman Taylor stated the applicant agrees.
Kim Fischer stated yes.
Vice-Chairman Chehayeb stated this should apply to number one.
Assistant City Attorney Farrell stated she would recommend that the board make a motion to adopt the conditions as amended in the recent discussion to apply to the entire variance that is going to have a Development Order for this property.
Member Smith-Rodriguez made a motion to approve the conditions which have been amended pursuant to discussion specifically number two removing not only the word easement but replacing that condition by requiring language in the declaration of either the Homeowner Association or Community Association to maintain the tree.
Member Wheelus seconded.
Roll call was as follows:
Member Smith-Rodriguez Yes
Member Wheelus Yes
Alternate Member Van Deven Yes
Chairman Taylor Yes
Vice-Chairman Chehayeb Yes
Motion passed.
Vice-Chairman Chehayeb made a motion to approve Variance 7-2020, Item 2 with the amended conditions.
Member Smith-Rodriguez seconded.
Roll Call was as follows:
Member Wheelus Yes
Alternate Member Van Deven Yes
Chairman Taylor Yes
Vice-Chairman Chehayeb Yes
Member Smith-Rodriguez Yes
Motion passed.
Member Smith-Rodriguez made a motion to approve Variance 7-2020, Item 3, Section 30-332(a) with the conditions as amended.
Member Chehayeb seconded.
Roll call was as follows:
Vice-Chairman Chehayeb Yes
Member Smith-Rodriguez Yes
Member Wheelus Yes
Alternate Member Van Deven Yes
Chairman Taylor Yes
Motion passed.
Member Smith-Rodriguez made a motion to approve Variance 7-2020, Item 4, Section 30-332(a) regarding the landscape yards in the front yard with the conditions as amended.
Alternate Member Van Deven seconded.
Roll call was as follows:
Member Wheelus Yes
Alternate Van Deven Yes
Chairman Taylor Yes
Vice-Chairman Chehayeb Yes
Member Smith-Rodriguez Yes
Motion passed.
Vice-Chairman Chehayeb made a motion to approve Variance 7-2020, Item 5, for less than the required number of plantings.
Brad Parrish stated does that motion specifically reference the illustration that was submitted in the packet on page 152, so are you accepting in your motion what the applicant proposed as the number of vegetation in those buffers.
Vice-Chairman Chehayeb stated yes.
Member Smith-Rodriguez seconded.
Roll call was as follows:
Alternate Member Van Deven Yes
Chairman Taylor Yes
Vice-Chairman Chehayeb Yes
Member Smith-Rodriguez Yes
Member Wheelus Yes
Motion passed.
Chairman Taylor stated this would come up under the site review about the screening.
Brad Parrish stated yes, if this variance is approved, that would have to be incorporated as part of the site plan.
Member Smith-Rodriguez made a motion to Variance 7-2020, Item 6, Section 30-339(a), requiring the fence to the East with amended conditions.
Member Wheelus seconded.
Roll call was as follows:
Chairman Taylor Yes
Vice-Chairman Chehayeb Yes
Member Smith-Rodriguez Yes
Member Wheelus Yes
Alternate Member Van Deven Yes
Motion passed.
Variance 1-2021 (105 Pinedo)
Navael Fontus reviewed the staff report and explained what the applicant was requesting.
L. V. “Woody” Rice, 505 Indian River Avenue, Titusville, Florida, spoke in favor. Mr. Rice handed out drawings of the project to the board.
Member Smith-Rodriguez made a motion to approve Variance 1-2021, Section 30-332 with the condition that the 14” oak tree is illustrated on the plan because it is going to be preserved.
Brad Parrish stated the motion is as stated in the staff report.
Member Smith-Rodriguez stated yes, to grant the five-foot variance as stated in the suggested approval with the condition indicated by staff.
Brad Parrish stated condition that the 14” oak tree be preserved as illustrated on the plan.
Vice-Chairman Chehayeb seconded.
Roll call was as follows:
Member Smith-Rodrigues Yes
Member Wheelus Yes
Alternate Member Van Deven Yes
Chairman Taylor Yes
Vice-Chairman Chehayeb Yes
Motion passed.
Variance 2-2021 (1103 John Glenn Boulevard)
Navael Fontus reviewed the staff report and explained what the applicant was requesting.
Jason Lee Abbott, 4935 N. Hwy US 1, Palm Shores, Florida, spoke in favor. Mr. Abbott handed out pictures of decorative fences to the board.
Member Smith-Rodriguez made a motion to approve Variance 2-2021, Section 30-182(e)(1) to allow the security fence in the front yard setback.
Member Wheelus seconded.
Roll call was as follows:
Member Wheelus Yes
Alternate Member Van Deven Yes
Chairman Taylor Yes
Vice-Chairman Chehayeb Yes
Member Smith-Rodriguez Yes
Motion passed.
Member Smith-Rodriguez made a motion to approve Variance 2-2021, Section 30-182(e)(3), to allow a fence in the side corner yard setback.
Vice-Chairman Chehayeb seconded.
Roll call was as follows:
Vice-Chairman Chehayeb Yes
Member Smith-Rodriguez Yes
Member Wheelus Yes
Alternate Member Van Deven Yes
Chairman Taylor Yes
Motion passed.
Member Wheelus made a motion to approve Variance 2-2021, Section 30-182(a)(4)(a), with a decorative fence on Grissom.
Brad Parrish stated to clarify the motion, with a decorative fence, any particular fence or at the choice of the applicant based on what was provided.
Member Wheelus stated decorative as proposed.
Brad Parrish stated there are several versions and they want to make sure maybe the condition could be general and up to the applicant to choose what he submitted as opposed to any particular fence that is illustrated in the handout.
Member Wheelus stated his intent is one of these meets the criteria.
Member Smith-Rodriguez asked staff if the fence handout would be part of their record. Brad Parrish stated yes.
Member Smith-Rodriguez stated because there is going to be a variety of options, as long as it is similar in nature to what has been provided to be part of the record, that would be her amended suggestion to the motion.
Member Wheelus stated as amended.
Vice-Chairman Chehayeb seconded.
Roll call was as follows:
Member Wheeuls Yes
Alternate Member Van Deven Yes
Chairman Taylor Yes
Vice-Chairman Chehayeb Yes
Member Smith-Rodriguez Yes
Motion passed.
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Petitions and Request from the Public Present
Luarilee Thompson, 3550 Irwin Avenue, Mims, Florida, spoke on the Parrish Park Project.
Toni Shifalo, 715 Tropic Street, Titusville, Florida, spoke on the Parrish Park Project.
Kevin Rosa, 1500 Hardy Street, Titusville, Florida, spoke on the Parrish Park Project.
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Reports
Semi-Annual Report
Brad Parrish stated the Semi-Annual Report summarizes the board’s actions for the past six months. It is given to the board for review before submitting to City Council because it is an opportunity for you to communicate with City Council.
City Staff – Brad Parrish stated there are no applications for the March meeting.
City Attorney – None.
Members – Member Smith-Rodriguez stated is there a reason why the Board of Adjustments and Appeals members were not included in the proposed ordinance that completely strips a requirement of what they do.
Brad Parrish stated they did not see the need because of the fact City Council asked staff to draft that ordinance, so they drafted it and went ahead and provided it to City Council based on their direction. He stated as an advisory board the changes to the Land Development Regulations are typically by code required to go before the Planning and Zoning Commission to provide recommendations to City Council but there is nothing in the Code that specifically asked or required them to bring it before the Board of Adjustment for recommendation. He stated you have every right to make a recommendation to City Council.
Member Smith-Rodriguez stated this ordinance was adopted and approved yesterday.
Brad Parrish stated it was adopted and approved at a public hearing at City Council meeting yesterday.
Member Smith-Rodriguez stated as presented in this document.
Brad Parrish stated yes, what he gave the board was the red lined version that was presented to City Council and that was the version that was adopted.
Member Smith-Rodriguez stated the notice requirements now for whatever the City Council somehow deems to be public interest pursuant to this language, is that notice requirement for the hearing different than what the notice requirement for the BAA hearing.
Brad Parrish stated no, there are two notice requirements in the BAA for standard variances and those notices are sent to the property owners within 100 feet of the property and a sign is posted, so it is the same.
Member Smith-Rodriguez stated with the age of technology and social media it would be nice rather than simply posting at a location and the 100 feet within a location, to have the City post on its website or Facebook page to actually allow the public to hear it especially if it is going to be deemed for the public purpose. She stated she would encourage a notice requirement well beyond what is standard for these proceedings because it is going to go to the greater public.
Brad Parrish stated this notice requirement, for notices sent to the surrounding property owners, was only recently added in the Code even for variances brought before the board. He stated before that there was never a letter sent out.
Member Smith-Rodriguez stated it does not encourage meaningful hearings and transparency. She stated something transpired that caused City Council to want to have an ordinance drafted to this extent and they did not have the opportunity to have meaningful discussion regarding the possibly transition. She stated it appears to be less transparent than what could have been so in a situation like this where City Council will be handling this it would be nice to offer as much information to the public as possible.
Chairman Taylor stated he did attend the City Council meeting and spoke as an individual and did express his displeasure of not allowing the board to be notified. He stated one of the staff members did apologized. He stated he did not speak for or against just that it would have been nice to have known that it was happening.
Assistant City Attorney Farrell stated on Saturday, February 27 at 9:00 a.m. is the City’s Annual Community Conversation, where if you have any issues with something going on in the city that would be an opportunity to bring them up for Council to take into consideration for the upcoming budget year.
Alternate Member Van Deven stated as public servants they have to strive to not come across as inappropriate or favoritism and keeping that in mind she feels uncomfortable about the way things were done and would hate to make a judgment that that is what happened but just giving the appearance of it was not a good thing.
Chairman – None.
Adjournment was at 8:00 p.m.