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HomeMy WebLinkAbout11-08-99 II lir MINUTES OF THE BOARD OF ADJUSTMENT REGULAR MEETING HELD MONDAY, NOVEMBER 8, 1999 I. CALL TO ORDER Zoning Coordinator Julian Harper introduced the staff and welcomed the Board of Adjustment Members. Member Colburn, who served as Vice - Chairman when the Board last met in May, 1992, called the meeting to order at 7:30 p.m. in the Commission Chambers. The invocation was given by Member Colburn, which was followed by the Pledge of Allegiance. The roll was called and a quorum was declared. PRESENT: Members Colburn, Jensen, Resnik, Tice, and Alternate Members Cox and Savino. Also present were Zoning Coordinator Harper, Building Official Flippen, Assistant City Attorney Cookson, Acting City Clerk Green and Clerk/Stenographer Maxwell. ABSENT: Member Almodovar II. APPROVAL OF MINUTES - None. III. NEW BUSINESS `fir ITEM A: INTRODUCTION OF BOARD MEMBERS AND STAFF Zoning Coordinator Julian Harper introduced the staff prior to the Call to Order. He stated that two alternate members were present, but only one member was absent and only five members can vote. It was decided that Alternate Member Savino would take the place of Member Almodovar. The members of the board then introduced themselves. ITEM B: ORGANIZATION OF BOARD AND ELECTION OF OFFICERS Member Colburn opened the floor for nominations for Chairman and Vice - Chairman, and stated that he did not want to be considered for either position. Member Resnik moved to nominate Member Colburn as Chairman. Member Colburn declined. Member Savino moved to nominate Member Jensen as Chairman. The motion failed due to lack of a second. Member Jensen, seconded by Member Tice, made a motion to nominate Member Resnik for Chairman. Motion carried unanimously. Minutes of the Board of Adjustment Monday, November 8, 1999 Chairman Resnik, seconded by Member Tice, made a motion to nominate Member Jensen as Vice - Chairman. Motion carried unanimously. Member Colburn passed the gavel to Chairman Resnik. ITEM C: CASE NO. 01VR99 - CAMBRIDGE HOMES, INC. Zoning Coordinator Harper presented photos and gave a brief history of the case. He stated that applicant and City staff agreed that several large specimen trees needed to be saved on lot 46 of Wedgewood Commons Subdivision. The City issued a permit based on the fact that there was a 16 foot side setback on Clarke Road. The developer began work on the building, after which time the Zoning Department discovered that there is a platted 25 foot setback requirement on Clarke Road. Upon discovery of the setback issue, Building Official Flippen discussed the matter with City Attorney Rosenthal, who thought there would be a "cloud" over the title unless a variance could be granted to allow a 16 foot side setback in lieu of the 25 foot side setback. Scott South, Vice - President of Cambridge Homes, the applicant, stated that the home is currently under construction, and it is located between the brick perimeter wall and the `fir model homes already built. There are three large oak trees on the property and the developer wanted to protect them. There was concerned that construction of a home close to them would damage or kill them. City staff and the developer agreed to move the house in order to keep the trees. The 25 foot platted Clarke Road setback easement was not discovered before the construction was started. The home is almost completed and is in the trim stage. The subject trees are doing well. Zoning Coordinator Harper stated that the staff recommends approval of the variance. There are three trees involved, all between 28 to 30 inches in size. Saving the trees preserves Ocoee's tree canopy and benefits the community. He further stated that there is a 10 foot landscape easement with a 6 foot wall that is 18 inches thick, so there is a 16 foot setback from Clarke Road. Staff and the applicant responded to various questions from the board. A lengthy discussion ensued. Member Colburn, seconded by Vice - Chairman Jensen moved to recommend approval of the variance to the City Commission pursuant to the staff report since the provisions of Section of 4 -9(B) have been met. Motion passed 5 -0. 2 Minutes of the Board of Adjustment 10r Monday, November 8, 1999 IV. OTHER BUSINESS Zoning Coordinator Harper stated that there would be a Board of Adjustment meeting held in December and the board must decide on what night to hold the meetings. Thursday was the decided meeting night. Assistant City Attorney Cookson stated the board needed to make some administrative decisions as to how the board would operate. Acting City Clerk Green stated that Alternate Member Savino was first alternate and Alternate Member Cox was to be second alternate and there are no previous procedures from past meetings. Member Tice, seconded by Chairman Resnik, moved to allow alternates to participate in all discussions, given the right to vote with an absentee member or a conflict, and to generally follow Robert 's Rules of Order, with the emphasis on generally. Motion failed for lack of a vote. Issue tabled for discussion at a later date. V. COMMENTS None VI. ADJOURNMENT 'sa The meeting was adjourned at 8:08 p.m. tO I 1 0 - • Clerk/Steno graph - Maxwell C Re- ik, Jr. Sims' 3