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HomeMy WebLinkAbout08-14-89 tkow MINUTES OF THE BOARD OF ADJUSTMENT MEETING HELD AUGUST 14, 1989 The meeting was called to order by Chairman Beatty at 7:30 p.m. PRESENT: Chairman Bruce Beatty, Members: Lowell Boggs, Cliff Rhodes, Steven Wix, Alternates: Genevieve Foster, Tanya Miller, Building Official Don Flippen, Senior Planner Julian Harper, and Secretary Ellen King. ABSENT: Vice Chairman Bob Colburn Chairman Beatty welcomed Steven Wix to his first Board of Adjustment Meeting since being appointed by the City Commission on June 6, 1989. Mr. Wix was nominated by Commissioner Vern Combs to serve until June 1990 (the balance of Commissioner Combs' term). OLD BUSINESS The Minutes of the October 20, 1988 Board of Adjustment Meeting were marked up by Board Member Miller to indicate some typos; %iv however, the contents of the minutes remained the same. Chairman Beatty called for a motion. Board Member Boggs made the motion to approve the October 20, 1988 Board of Adjustment Meeting Minutes as corrected. Board Member Rhodes seconded and the motion was approved unanimously. NEW BUSINESS WEST ORANGE GIRL'S CLUB PETITION Chairman Beatty began by stating that the petitioner Bob Colburn requested an appeal of an Administration Decision. City Staff recommended that the petitioner receive consideration for a special exception review even though it was not specifically requested by the petitioner. Chairman Beatty called on City Staff for their opinion regarding Mr. Colburn's position as a board member and also as the petitioner in this particular issue and what the legal ramifications are. Senior Planner Julian Harper introduced himself and the Building Official Don Flippen to the Chairman and Board Members. Mr. Harper stated that he had discussed the matter at hand with the City's Attorney and since Mr. Colburn had no monetary interest in the proceeding, he could vote and participate in the discussions. `b+ Page 2 Board of Adjustment Meeting August 14, 1989 Chairman Beatty questioned Mr. Colburn's preference as to how he would like to proceed, either as a member of the board and petitioner, or just as the petitioner. Mr. Colburn stated that since there was a quorum he would act as the petitioner only. Chairman Beatty thanked the City Staff for a complete and thorough package regarding the petition. Mr. Colburn also stated his appreciation to Mr. Harper and Mr. Flippen for all of their help. Mr. Colburn stated that the property is zoned 1 -2 and according to the zoning regulations for I -2 the only possibility to put a trailer on the property is by "Special Exception ". Mr. Colburn indicated Chapter IV, Section 12.3 and 12.3(1) which states "The following uses may be permitted as Special Exceptions, in an I -2 zone, by the board of adjustment . . . mobile home or recreational vehicles as quarters for night watchmen." The Girls Club is looking into expanding the facility so to offer teen dances and other recreational facilities other than softball. As a part of the expansion, they would like to have a security trailer on the property for a watchman and caretaker. Mr. Colburn read from the Staff Report, "Note 2" which stated "The key issue here seems to revolve around the definition of what constitutes "quarters for a night watchman:. In other words, may a "night watchman's quarters" merely offer shelter during the evening hours from the elements, which may not be equipped and permitted for year -round 24 hour -a -day habitation, or may a "night watchman's quarters" be fully equipped and permitted for full - time residential occupancy ?" He would be needed for the evening hours. Chairman Beatty stated that the request before the board is to recommend or not recommend a special exception regarding a mobile home or recreational vehicle for security purposes of the property. Senior Planner Harper stated that there where two issues. The appeal was originally based upon the request for a building permit for an I -2 zone for a night watchman, whereas, it provided basically for a temporary parked mobile home during the construction period, but Mr. Harper understood Mr. Colburn to say earlier that this would not be a temporary building and it is not really for security purposes in terms of overseeing the premises during construction phase. Since the petitioner is looking for 4Irr Page 3 Board of Adjustment Meeting August 14, 1989 more of a permanent nature and not strictly for security for overseeing the construction site, this would require a Special Exception to be granted. Mr. Colburn stated that he is looking for something of a permanent nature, something where a person could live there as a permanent habitation. Newy Breland, Director of Engineering for the West Orange Girls Club, Story Road, Ocoee, FL 34761 and resident of Ocoee was present. Mr. Breland distributed to Board Members documentation and drawings on the Girls Club site improvements. The proposed site for the 24 hour security trailer would be north of the parking lot and west of the existing tin shop building as indicated on the drawing. Chairman Beatty commented to the Board that the matter before the board is to recommend or not recommend the special exception regarding the security trailer. Chairman Beatty questioned the staff's recommendation. Senior Planner Harper stated that if it is for the proper location and for the proper reason and it's maintained properly then he felt that it would have a useful purpose in an I -2 zone. After a lengthy discussion by the Board and City Staff, the conditions that were considered are as follows: 1. Good conditioned mobile home; not a trailer 2. The property would be landscaped 3. One man or newly retired man and woman 4. Children not preferred 5. Keep premises in good condition 6. Size limit? 14 x 35 - single wide, two bedroom Chairman Beatty asked for a recommendation from the Board. Since there was no reply Chairman Beatty recommended that the Board recommend to the City Commission granting a Special Exception to the City of Ocoee's Girls Club for a single -wide mobile home to be used for security and maintenance purposes, to be maintained in good condition and specifically to the City of Ocoee's Girls Club. In the event that the land is ever sold or transferred, the trailer would have to be removed and land restored to its normal industrial zone. The recommendation was seconded by Steven Wix. ‘fir Page 4 Board of Adjustment Meeting August 14, 1989 Tanya Miller moved to amend the recommenation to include that the mobile home should be in conformance to the factory built housing code and that it be anually inspected by the City's Building Official. The amendment to the motion was seconded by Geneva Foster. The amendment to the motion was voted on and unanimously approved. Senior Planner Harper stated that if there is a violation of a Special Exception condition or safeguard then the violation of the specific condition would be grounds for removal of a Special Exception in a mobile home. City Staff stated that the Building Inspector or Code Enforcement Officer of the City would be the one to do the annual inspection. Chairman Beatty called for the vote of the amended motion and the amended motion was approved unanimously. ELECTION OF OFFICERS Chairman Beatty asked for a motion to add to the agenda the election of officers. He stated that the Board needed to appoint Officers of Chairman, Vice Chairman and Secretary for the term of one year with eligibility for reappointment. The motion was made and seconded to add Election of Officers to the Board of Adjustment's August 14, 1989 agenda. Chairman Beatty and Vice Chairman Colburn stated that they were both available and would like to serve in their present positions. Chairman Beatty stated that he would like for the City to continue to provide the secretarial staff as they have done. Also, he asked for any nominations from the floor for Chairman or Vice Chairman. Board Member Rhodes moved to retain the officers that the Board has had for the past year. The motion was seconded. Chairman Beatty called for the vote in retaining Mr. Beatty and Mr. Colburn in the office of Chairman and Vice Chairman and the City provided Secretary. The motion was approved unanimously. Page 5 Board of Adjustment Meeting August 14, 1989 COMMENTS: BUILDING OFFICIAL No comments from the Building Official. BOARD MEMBERS No comments from the Board Members. CITIZENS No comments from the Citizens. ADJOURNMENT Mr. Rhodes moved to adjourn and Mr. Boggs seconded and the meeting adjourned at 8:35 p.m. A` )1161, 7 ..4 rd /:_ ' .df--- . - . to. Chai man Beatt ATTEST: L. . AI Secretaryng