- Board of Adjustments and Appeals
- BAA Meeting September 29, 2021
BAA Meeting September 29, 2021
BOARD OF ADJUSTMENTS AND APPEALS AGENDA
REGULAR MEETING - September 29, 2021
Council Chambers City Hall - 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. JUNE 23, 2021 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
2. BAA Election of Officers
3. Variance 12-2021 - 115 North Deleon Avenue, Fence Height
4. Variance 13-2021 - 1410 Main Street, Detached Accessory Structure Total Floor Area
5. Variance 14-2021 4465 Dickens Ave. Room addition
6. Variance 15-2021 - 15 Einig Avenue. New Transmission Tower
7. Variance 16-2021 - 440 Indian Oaks Court. New house
- PETITIONS AND REQUEST FROM THE PUBLIC PRESENT
- REPORTS
8. APPROVAL OF SEMI-ANNUAL REPORT
XI. ADJOURNMENT
Board of Adjustments and Appeals
Regular Meeting
September 29, 2021
The Board of Adjustments and Appeals (BAA) of the City of Titusville, Florida, met in regular session in the Council Chambers, on Wednesday, September 29, 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, Member Kristen Smith-Rodriguez, Member Margaret Van Deven, Member Richard Wheelus and Alternate Member Jon Van Zyll De Jong. Also, in attendance were Planner Navael Fontus, Assistant City Attorney Chelsea Farrell by phone and Development Specialist Kim Amick. It was determined that a quorum was present.
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Member Van Deven made a motion to approve the minutes for June 23, 2021. 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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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
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New Business
Election of Officers
Member Smith-Rodriguez requested that Chairman Taylor be retained as Chairman. A voice vote was unanimous.
Member Wheelus nominated Member Kristen-Smith-Rodriguez as Vice-Chairman. Member Smith-Rodriguez accepted the nomination. A voice vote was unanimous.
Variance 12-2021 (115 North DeLeon Avenue)
Navael Fontus reviewed the staff report and explained what the applicant was requesting.
David Brady, 115 N De Leon Avenue, spoke in favor.
Discussion followed.
Vice-Chairman Smith-Rodriguez made a motion to deny Variance 12-2021, 115 N. De Leon Avenue regarding the variance for a higher fence on the basis there are no special conditions or circumstances peculiar to this particular land and there is no hardship.
Member Wheelus seconded.
Roll call was as follows:
Chairman Taylor Yes
Vice-Chairman Smith-Rodriguez Yes
Member Van Deven Yes
Member Wheelus Yes
Alternate Member Van Zyll De Jong Yes
Motion passed.
Variance 13-2021 (1410 Main Street)
Navael Fontus reviewed the staff report and explained what the applicant was requesting.
Discussion followed.
Christopher Davis and Zephyr Davis, 1410 Main Street, spoke in favor. The applicants handed out drawings of the Pole Barn to the Board.
Vice-Chairman Smith-Rodriguez stated if the applicant is able to make the primary accessory structure, pre-existing, part of their main structure, with the other structures that they built will that still be affected by the amount of coverage of the land. Mr. Fontus stated if the applicants are able to connect the accessory dwelling with the principle home that would bring whatever the square footage to meet the principle structure then the 600 square feet is allowable.
Vice-Chairman Smith-Rodriguez stated the applicant might consider tabling the item to look into combining the two structures.
Discussion followed.
Zephyr Davis, the applicant, requested to table the item to the meeting in two months.
Vice-Chairman Smith-Rodriguez made a motion to table Variance 13-2021, 1410 Main Street, to the combined November/December meeting per the request of the applicant.
Member Van Deven seconded.
Roll call was as follows:
Vice-Chairman Smith-Rodriguez Yes
Member Van Deven Yes
Member Wheelus Yes
Chairman Taylor Yes
Alternate Member Van Zyll De Jong Yes
Motion passed.
Variance 14-2021 (4465 Dickens Avenue)
Navael Fontus reviewed the staff report and explained what the applicant was requesting.
Pete Crosby, 542 Marian Court, spoke in favor. Mr. Crosby handed out a Timeline of Events to the Board.
Natasha Crosby, 542 Marian Court, spoke in favor.
Mary Jitta, 4465 Dickens Avenue, spoke in favor.
Melissa Coleman, 5575 SR 46, Mims, spoke in favor.
Discussion followed.
Vice-Chairman Smith-Rodriguez stated regarding Variance 14-2021 at 4465 Dickens Avenue, she moves to grant the variance of 2.5 feet into the side yard setback and 9 feet into the rear yard setback.
Member Wheelus stated could they amend the motion to apply to the existing structure.
Vice-Chairman Smith-Rodriguez stated she would amend the motion to grant the variance to permit the variance requested, 2.5 feet into the side yard and 9 feet into the rear yard based upon the existing non-conforming structure and encroachment.
Member Wheelus seconded.
Roll call was as follows:
Member Wheelus Yes
Alternate Member Van Zyll De Jong Yes
Chairman Taylor Yes
Vice-Chairman Smith-Rodriguez Yes
Member Van Deven Yes
Motion passed.
Variance 15-2021 (15 Einig Avenue)
Navael Fontus stated the item was tabled to the next meeting.
Variance 16-2021 (440 Indian Oaks Court)
Navael Fontus reviewed the staff report and explained what the applicant was requesting.
Discussion followed.
Don Human, 1965 Tranquility Lane, spoke in favor.
Jeffrey F. Holton, 425 Indian Oaks Court, spoke for neither for or against.
Member Wheelus recommended approval of Variance 16-2021 reducing the side corner setback as to Section 28-304.
Vice-Chairman Smith-Rodriguez seconded.
Roll call was as follows:
Vice-Chairman Smith-Rodriguez Yes
Member Van Deven Yes
Member Wheelus Yes
Alternate Member Van Zyll De Jong Yes
Chairman Taylor Yes
Motion passed.
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Petitions and Request from the Public Present
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Reports
Semi-Annual Report
Chairman Taylor stated the Semi-Annual Report is correct to submit to Council.
City Attorney – None.
Chairman – None.
City Staff – Mr. Fontus stated there are two items for the October meeting.
Members – None.
Adjournment was at 7:51 p.m.