- Board of Adjustments and Appeals
- BAA Meeting April 28, 2021
BAA Meeting April 28, 2021
BOARD OF ADJUSTMENTS AND APPEALS AGENDA
REGULAR MEETING - April 28, 2021
Council Chambers City Hall - 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 email@example.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.
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. FEBRUARY 24, 2021 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 4-2021 - 3100 South Hopkins Avenue, Oak Tree Plaza Extension
IX. PETITIONS AND REQUEST FROM THE PUBLIC PRESENT
Board of Adjustments and Appeals
April 28, 2021
The Board of Adjustments and Appeals (BAA) of the City of Titusville, Florida, met in regular session in the Council Chambers, on Wednesday, April 28, 2021.
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.
Present were Chairman Thomas Taylor, Member Kristin Smith-Rodriguez, Member Richard Wheelus, Alternate Member David Mandernack and Alternate Member Margaret Van Deven. 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.
Member Smith-Rodriguez made a motion to approve the minutes for February 24, 2021. Member Wheelus seconded. All in attendance voted to approve the minutes.
Chairman Taylor confirmed the quasi-judicial procedures verifying that all persons wishing to speak before the board has signed an oath card.
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.
Chairman Taylor stated he did speak to the applicant prior to knowing this item would be on the agenda tonight, but the conversation ended once he realized the item would be on the agenda.
Consent Agenda Items
Variance 4-2021 (3100 S. Hopkins Avenue)
Navael Fontus reviewed the staff report and explained what the applicant was requesting.
Bruce Magnuson, 3610 E Powder Horn Road, Titusville, spoke in favor.
Sid Chehayeb, 3650 Bobbi Lane #119, Titusville, spoke in favor.
Alternate Member Van Deven made a motion to approve Variance 4-2021.
Member Wheelus seconded.
Roll call was as follows:
Chairman Taylor Yes
Member Smith-Rodriguez Yes
Member Wheelus Yes
Alternate Member Mandernack Yes
Alternate Member Van Deven Yes
Petitions and Request from the Public Present
City Staff – None.
City Attorney – None.
Chairman – Chairman Taylor asked if there were any items for the May meeting.
Mr. Fontus stated yes, one item.
Members – None.
Adjournment was at 6:17 p.m.