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HomeMy WebLinkAbout01-28-91 rtirr MINUTES OF THE BOARD OF ADJUSTMENT MEETING HELD JANUARY 28, 1991 CALL TO ORDER The meeting was called to order by Chairman Beatty at 7:30 p.m. To follow was a moment of silent prayer and then the Pledge of Allegiance. PRESENT: Chairman Beatty, Vice-Chairman Colburn, Members: Rhodes, Boggs, Alternate: Miller (7:44), Building Official Flippen, Senior Planner Harper, and Secretary King ABSENT: Member: Wix, and Alternate: Foster OLD BUSINESS Member Boggs moved to approve the November 12, 1990 Board of Adjustment Meeting Minutes. Board Member Rhodes seconded, and the motion carried unanimously. NEW BUSINESS CASE NO. 1- 43V- 90:MCKENZIE Senior Planner Harper stated that the issue for the Board is "Should the Board of Adjustment grant the Petitioner's variance request to allow the outside storage and open display of used appliances, refrigerators, etc. in a "C -2 ", Community Commercial District ?" Senior Planner Harper stated that the petitioner has been notified by the Code Enforcement Board of his violation and was given until February 20, 1991 to clean -up his area. The Petitioner wanted the chance to come before the Board to see what the Members would have to say. Neil McKenzie, 568 W. Silver Star Extension, Ocoee, FL, was present and stated that he had been in the area for ten (10) months prior to the City saying anything about a code violation. Mr. McKenzie stated that there are other places in the City that have items outside. Mr. McKenzie questioned, "How can he sell things if they are not outside for people to see ?" For the record: Mr. McKenzie presented to the Board pictures of other areas of town that have a variety of things outside businesses. (Example: Vending machines, ice machines, lawn mowers, plants, Stiw Board of Adjustment Meeting Minutes January 28, 1991 Page 2 Chairman Beatty stated that the responsibility of the Board are laid out in the Code. Chairman Beatty read the eight (8) provisions on Page 13, Section 4.5(3) of Chapter II of Appendix A, Variances. As well as, Page 40, Section 9.1 of Article IX of Appendix B of the Code. Chairman Beatty stated that there are three (3) courses of action the Board Members are to consider: 1) No variance be granted, 2) Some requirements, or 3) Variance with conditions. Chairman Beatty stated that the enforcement of the Code is by the Code Enforcement Officer. Even though other businesses violate the Code at this time, those businesses will be dealt with later. Senior Planner Harper read paragraph 3 of "Memorandum to Steve Ross, Code Enforcement Officer; from Paul Rosenthal, City Attorney dated, Received by Ocoee on September 27, 1990 ": Paragraph 3: "General Repair Service could elect to apply to the City for a variance from the code requirements. Based upon the facts which you have presented, I am unaware of any legal basis for the granting of a variance. However, General Repair Service may be aware of facts which could be presented to the Board of Adjustment." Chairman Beatty called for a motion. Vice - Chairman Colburn moved to deny the request on the basis that the Board of Adjustment could not grant a variance. Member Rhodes seconded. The motion carried unanimously. Chairman Beatty stated this case would go to the City Commission on February 5, 1991. OTHER BUSINESS None Sir it Board of Adjustment Meeting Minutes January 28, 1991 Page 3 COMMENTS Planning Department - No comments Building Official - No comments Board Members - No comments Citizens - No comments ADJOURNMENT The meeting was adjourned at 7:58 p.m. CHAIRMAN BEATTY ATTEST: e//, SECRETARY ING