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HomeMy WebLinkAbout02-24-86 MINUTES OF THE BOARD OF ADJUSTMENT MEETING HELD FEBURARY 24, 1986 CALL TO ORDER PRESENT: Chairman Bruce Beatty, Members Cliff Rhodes, Vern Combs and Bob Colburn, Building Inspector Bill Hager, City Clerk Helen Catron and Deputy Clerk Susan Amesbury. ABSENT: Jack Marsden and Alternate Albert Nettles. Chairman Beatty called the meeting to order at 7:30 p.m. and led everyone in the Pledge of Allegiance and a moment of silent meditation. Chairman Beatty stated for the record that there was a quorum. APPROVALS Mr. Rhodes moved to approve the minutes of the November 18, 1985 Board of Adjustment meeting as printed, seconded by Mr. Combs and approved unanimously. SPECIAL EXCEPTION Present in the audience were Mark Strawder and Jody Lynn. Mr. Strawder introduced himself and stated he lived at 1940 Magnolia Dr. in Altamonte Springs. He then stated he was asking for a special exception for his property of the Northwest side of town S- zoned A2. He stated he wished to start a nursery and reside in a trailer to take care of the property. Chairman Beatty briefly explained the Board of Adjustment's duty to Mr. Strawder and Mr. Lynn and then asked Building Inspector Hager's opinion of the matter. Building Inspector Hager stated the property was presently zoned A2 and that specifies no mobile homes allowed. He also stated that a mobile home could be placed in an Al zoning as a special expection. Chairman Beatty stated that he wanted pro- fessional guidance from the Building Department. Building Inspector Hager stated A2 allowed for a mobile home for security reasons with a special exception. Chairman Beatty questioned City Clerk Catron about his December 02, 1985 letter to the City Attorney. She answered that we had only a verbal response that although the zoning does not specifically spell out trailers in A2, he would consider it under the farm labor housing since the gentleman was planning a nursery. Chairman Beatty stated he had discussed the matter with Mr. Kruppenbacher and that he advised him it was up to the Board's discretion. Chairman Beatty also stated that in speaking to the attorney he felt that there were several courses of action open to the Board as follows: (1) Special Exception recommendation on A2 zoning under the farm labor housing. (2) Send Strawder & Lynn back to the Commission for rezoning to Al which allows trailers. r (3) Grant variance. BOA 2/24/86, PAGE 2 Chairman Beatty stated the Board of Adjustment was a citizen ad- visory group and that his interpretation of the ordinance was that this was not a mobile home site. Mr. Colburn stated that he had seen nothing that said the property was officially zoned A2. City Clerk Catron stated that the City Commission took a stance of A2 per old plats showing Al and then later A2. Mr. and Mrs. Stevens were present in the audience. Mr. Stevens introduced himself and stated he lived at 558 Woodson, Ocoee. Mr. Rhodes questioned Mr. Stevens about his presence. Mr. Stevens answered that he owned 12 acres adjacent to the property in question and that he had no objection to the nursery business or the trailer, especially since there is a trailer park next door. Chairman Beatty stated he could forsee a problem with establishing a precedent of allowing mobile homes in A2 zoning under the farm labor housing. City Clerk Catron stated that the City Attorney recommended that if the special ex- ception was granted that it be for this owner only and if the property were sold the special exception be rescinded. Mr. Colburn then made a motion to grant the special exception under the farm labor housing for this one (1) mobile home only and upon sale of said property the special exception become null and void. Motion died for lack of a second. Chairman Beatty made a motion to deny the special exception under A2 zoning and refer Mr. Strawder and Mr. Lynn back to the Commission to rezone to Al. Motion died for lack of a second. Mr. Rhodes made a motion to approve the request for special exception as read. Motion died for lack of a second. At this point Mr. Colburn stated he would move to recommend per the first motion. Chairman Beatty repeated the motion for the Board as follows: "Recommend to grant special exception under A2 farm labor housing for this one (1) mobile home and owner and upon sale the special exception would be null and void." Mr. Combs seconded and approved unanimously. Chairman Beatty congratulated Mr. Strawder and Mr. Lynn. OTHER BUSINESS Chairman Beatty read Chapter 2, Section 4.3 of the Code which calls for an annual election of a Chairman, Vice Chairman and Secretary. He then stated the floor was open for nominations. Mr. Rhodes made a motion to nominate Bruce Beatty as Chairman, seconded by Mr. Colburn and approved unanimously. Chairman Beatty then called for nomination of Vice Chairman. Mr. Combs made a motion to nominate Bob Colburn as Vice Chairman, seconded by Mr. Rhodes and unanimously approved. Chairman Beatty recommended Helen Catron or her appointed designee as secretary. Mr. Combs made a motion on same, seconded by Mr. Rhodes and unanimously passed. Chairman Beatty requested a resolution by the Board that they have an Attorney and Building Official present at meetings for counsel if need be under authority of Chapter 2, Section 4.3 of the Code. Vice Chairman Colburn moved to approve the resolution, seconded by Mr. Rhodes and passed unanimously. BOA 2/24/86, PAGE 3 COMMENTS A. City Manager - None B. Building Official - Building Inspector Hager stated that the City allows mobile homes in Industrial sections which must be renewed yearly by the Commission. C. Board Members - None D. Citizens - None ADJOURNMENT Vice Chairman Colburn made a motion to adjourn, seconded by Mr. Rhodes and approved unanimously. Meeting adjourned at 8 :06 p.m. Chairman Bruce Beatt r► ATTEST: Deputy Clerk Amesbury