March 23, 2022

  1. Minutes

Board of Adjustments and Appeals                                                            

Regular Meeting

March 23, 2022

 

The Board of Adjustments and Appeals (BAA) of the City of Titusville, Florida, met in regular session in Council Chambers, on Wednesday, March 23, 2022.

 

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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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Assistant City Attorney swore in Dr. Gina Beckles as a regular member.

 

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Present were Chairman Thomas Taylor, Vice-Chairman Kristin Smith-Rodriguez, Member Margaret Van Deven, Member Richard Wheelus and Member Gina Beckles.   Also, in attendance were Planning Manager Brad Parrish, Assistant City Attorney Chelsea Farrell and Development Specialist Kim Amick.  It was determined that a quorum was present.

 

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Vice-Chairman Smith-Rodriguez made a motion to approve the minutes for February 23, 2022.  Member Van Deven 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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Brad Parrish 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

 

Chairman Taylor suggested to combine Items 2 and 3.  Brad stated you can hold the public hearing to combine them, but the actions have to be separate.

 

Variance 8-2022 (2311 Fox Hollow Drive / Lots 25A, 25B, 25C, 25D)

 

Variance 9-2022 (2301 Fox Hollow Drive / Lots 24A, 24 B, 24C, 24D)

 

Brad Parrish reviewed the staff report and explained what the applicant was requesting for Variance 8-2022 and Variance 9-2022.

 

Paul Abate, Jr., 8721 Pine Barrens Drive, Orlando, Florida, spoke in favor.

 

Member Wheelus made a motion to approve Variance 8-2022 at 2311 Fox Hollow Drive to allow a 10-foot front yard and 10-foot side yard landscape buffers per LDR Section 30-332.

 

Vice-Chairman Smith-Rodriguez made a request to amend the motion to include the applicant to provide the minimum plantings as required by the City.

 

Member Wheelus stated he accepted the amendment.

 

Member Smith-Rodriguez seconded the motion as amended.

                      

Roll call was as follows:

 

Chairman Taylor                                             Yes

Vice-Chairman Smith-Rodriguez                   Yes

Member Beckles                                             Yes

Member Van Deven                                       Yes

Member Wheelus                                            Yes

 

Motion passed.

 

Member Van Deven made a motion to approve Variance 9-2022 at 2301 Fox Hollow Drive to allow 10 feet for the landscape yard buffer adjacent to the public right of way and in the side yards, provided the number of plantings are met.

 

Vice-Chairman Smith-Rodriguez seconded.

                      

Roll call was as follows:

 

Member Beckles                                             Yes

Member Van Deven                                       Yes

Member Wheelus                                            Yes

Chairman Taylor                                             Yes

Vice-Chairman Smith-Rodriguez                   Yes

 

Motion passed.

 

Variance 10-2022 (3940 Tangle Drive)

 

Brad Parrish reviewed the staff report and explained what the applicant was requesting.

 

Discussion followed.

 

James Sanker, 3940 Tangle Drive, Titusville, Florida, spoke in favor.  Mr. Sanker handed out copies of the building permit for the concrete slab.

 

Stan Johnston, 860 Poinsettia Avenue, Titusville, Florida, spoke in favor.

 

Vice-Chairman Smith-Rodriguez made a motion to approve Variance 10-2022 at 3940 Tangle Drive to allow less than the minimum 10-foot side yard setback to infringe 1.25 feet into the side yard setback to allow for the attached screen porch.

 

Member Van Deven seconded.

 

Roll call was as follows:

 

Member Wheelus                                            Yes

Chairman Taylor                                             Yes

Vice-Chairman Smith-Rodriguez                   Yes

Member Beckles                                             Yes

Member Van Deven                                       Yes

 

Motion passed.

 

Variance 11-2022 (1784 Crossbill Drive)

 

Brad Parrish reviewed the staff report and explained what the applicant was requesting.

 

Casey Grenville, 1784 Crossbill Drive, Titusville, Florida, spoke in favor.

 

Member Van Deven made a motion to approve Variance 11-2022 at 1784 Crossbill Drive to allow the variance of 1 foot 6 inches to the minimum 20-foot rear yard setback.

 

Member Wheelus seconded.

 

Roll call was as follows:

 

Vice-Chairman Smith-Rodriguez                   No

Member Beckles                                             No

Member Van Deven                                       Yes

Member Wheelus                                            Yes

Chairman Taylor                                             Yes

 

Motion denied.

 

Assistant City Attorney Farrell asked for the members who voted no to state the basis for denial.

 

Vice-Chairman Smith-Rodriguez stated there are not special circumstances or conditions which would support this variance to the land.

 

Member Beckles stated the hardship was being caused by the applicant because they are requesting beyond what could be allowed through the variance.

 

Mr. Parrish asked for a short recess.

 

Variance 12-2022 (Parcel 22-35-04-AU-2-1)

 

Brad Parrish reviewed the staff report and explained what the applicant was requesting.

 

Jimmy McDonald, 2647 Marigold Avenue, Mims, Florida, spoke in favor.

 

Stan Johnston, 860 Poinsettia Avenue, Titusville, Florida, spoke in favor.

 

Vice-Chairman Smith-Rodriguez made a motion to approve Variance 12-2022, Parcel 22-35-04-AU-2.1 to permit more than the maximum 25% building coverage in the OP zoning district, specifically to allow 278 square feet additional as submitted in the variance.

 

Vice-Chairman Smith-Rodriguez revised her motion to include up to 30% coverage.

 

Member Wheelus seconded.

 

Roll call was as follows:

 

Member Van Deven                                       Yes

Member Wheelus                                            Yes

Chairman Taylor                                             Yes

Vice-Chairman Smith-Rodriguez                   Yes

Member Beckles                                             Yes

 

Motion passed.

 

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Petitions and Request from the Public 

 

Stan Johnston, 860 Poinsettia Avenue, Titusville, Florida, spoke about Elizabeth Oaks Townhomes.  He is asking the Board of Adjustments and Appeals to have Staff look into this issue.

 

Vice-Chairman Smith-Rodriguez interrupted Mr. Johnston and asked if he was going to be asking the board to do something specific at the end of his presentation.  Mr. Johnston stated yes.

 

Vice-Chairman Smith-Rodriguez asked Council if the board has authority to grant request from the public that pertain to their duties on the board.   Assistant City Attorney Farrell has the ability to make recommendations to City Council if you think there is a need for a code change so depending on whether that request applies to a code change you agree with it could.

 

Vice-Chairman Smith-Rodriguez asked Mr. Johnston if the request at the end of his presentation does it specifically ask them to make a code change recommendation to City Council.  Mr. Johnston stated he is going to ask for some consideration of this issue.

 

Vice-Chairman Smith-Rodriguez asked Mr. Johnston to tell her the very end of his presentation what specifically he would like them to propose to the City Council so she can follow along with the rest of his presentation.

 

Mr. Johnston stated he would like them to undue something that is horribly being done.

 

Vice-Chairman Smith-Rodriguez stated do they have the authority to undue a previous action.  Mr. Johnston stated no, but you have authority to request someone to look into it.

 

Vice-Chairman Smith-Rodriguez asked Council if they had the authority to ask for an investigation of a previously adjudicated issue before this board.   Assistant City Attorney Farrell stated she has not heard that done before but she thinks the board is tasked with recommending code changes to City Council and the nature of that request would end up in the City Manager’s lap and there is no nexus to this board.

 

Mr. Johnston stated his recommendation is not necessarily going to the Council level.  He believes that a variance is needed to go for this 10-foot-wide access for the two homes on Mockingbird Lane.  He is asking the board to ask staff to look into this matter and identify what is the code requirement.  He stated he has a formal request and has not got a response.

 

Vice-Chairman Smith-Rodriguez stated she believes his request to find out what the code says and whether its being met and if a variance is needed is a reasonable request so she will take his comments and will try to relay it to the City.

 

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Reports

 

City Staff – Brad stated there is one application for the next meeting on April 27.

 

City Attorney – None.

 

Chairman – None.

 

Members – Vice-Chairman Smith-Rodriguez state she would kindly encourage the City or Staff that if there is a general public records request in compliance with the Florida Statute that it be complied with as is the law and the reasonable request asked by Mr. Johnston pertaining to the code on that property found to be appropriate and within the public records request she would ask that the City to comply with the law.

 

Adjournment was at 7:42 p.m.