- Board of Adjustments and Appeals
- January 25, 2023
January 25, 2023
BOARD OF ADJUSTMENTS AND APPEALS AGENDA
REGULAR MEETING - January 25, 2023
City Hall Council Chambers - 6:00 PM
Any person who decides to appeal any decision of the Board of Adjustments and Appeals, with respect to any matter considered at this meeting, will need a record of the proceedings, and for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based.
The City desires to accommodate persons with disabilities. Accordingly, any physically handicapped person, pursuant to Chapter 286.26 Florida Statutes, should at least 48 hours prior to the meeting, submit a written request to the chairperson of the meeting that the physically handicapped person desires to attend.
NOTICE
All persons who anticipate speaking on any Public Hearing item must fill out an Oath Card to be heard on that agenda item and sign the oath contained thereon. These cards are located on the table near the entrance to the Council Chamber or may be obtained from the Recording Secretary. This meeting will be conducted in accordance to the procedures adopted in Resolution # 24-1997.
Those speaking in favor of a request will be heard first, those opposed will be heard second, and those who wish to make a public comment on the item will speak third. The applicant may make a brief rebuttal if necessary. A representative from either side, for or against, may cross-examine a witness.
Anyone who speaks is considered a witness. If you have photographs, sketches, or documents that you desire for the Commission to consider, they must be submitted into evidence and will be retained by the City. Please submit such exhibits to the Recording Secretary.
Applicants for land use and zoning related items are advised that the resumes of staff members who prepare applicable staff reports are on file in the City Clerk's Office.
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE TO FLAG
III. ROLL CALL AND DETERMINATION OF A QUORUM
IV. APPROVAL OF MINUTES
1. DECEMBER 1, 2022 MINUTES
V. QUASI-JUDICIAL CONFIRMATION PROCEDURES
1. Verify all persons wishing to speak before the board has signed an Oath Card.
2. Chairman confirms that all agenda items have been properly advertised.
3. Member's statements if they have visited any of the sites, or spoken to any members of the public regarding an item to be reviewed this evening.
VI. CONSENT AGENDA
VII. OLD BUSINESS
VIII. NEW BUSINESS
2. VARIANCE (VAR) NO 1-2023 505 LUCKY STREET
3. VARIANCE (VAR) NO 2-2023 4710 S WASHINGTON AVENUE
IX. PETITIONS AND REQUEST FROM THE PUBLIC PRESENT
X. REPORTS
4. APPROVAL OF SEMI-ANNUAL REPORT
XI. ADJOURNMENT
Board of Adjustments and Appeals
Regular Meeting
January 25, 2023
The Board of Adjustments and Appeals (BAA) of the City of Titusville, Florida, met in regular session in Council Chambers, on Wednesday, January 25, 2023.
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Chairwoman Smith-Rodriguez 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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Present were Chairwoman Kristin Smith-Rodriguez, Vice-Chairman Thomas Taylor, Member Gina Beckles, Member Margaret Van Deven and Member Richard Wheelus. Also, in attendance were Community Development Director Brad Parrish, Assistant City Attorney Chelsea Farrell and Sr. Administrative Assistant Kim Amick. It was determined that a quorum was present.
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Member Van Deven made a motion to approve the minutes for December 1, 2022. Member Beckles seconded. All in attendance voted to approve the minutes.
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Chairwoman Smith-Rodriguez 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.
Chairwoman Smith-Rodriguez 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
None
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New Business
Variance 1-2023 – 505 Lucky Street
Brad Parrish reviewed the staff report and explained that the applicant was requesting.
Annie Burch, 505 Lucky Street, Titusville, FL 32780, spoke in favor of the variance.
Susan Pinder, lives at Texas, but she owns the property at 1228 1st Avenue, Titusville, FL 32780, spoke neither for or against the variance. Ms. Pinder provided handouts for the board.
Discussion followed.
Vice-Chairman Taylor made a motion to approve Variance 1-2023 at 505 Lucky Street, as presented for the setbacks for the front yard.
Member Beckles seconded.
Roll call was as follows:
Chairwoman Smith-Rodriguez Yes
Vice-Chairman Taylor Yes
Member Beckles Yes
Member Van Deven Yes
Member Wheelus Yes
Motion passed
Variance 2-2023 – 4710 S. Washington Avenue
Brad Parrish reviewed the staff report and explained what the applicant was requesting.
Juston Trimback, 8719 Serrano Circle, Melbourne, FL 32940, spoke in favor of the variance. Mr. Trimback provided handouts for the board.
L. V. “Woody” Rice, 505 Indian River Avenue, Titusville, FL 32780, spoke in favor. Mr. Rice provided handouts for the board.
Troy Post, 7101 U.S. Hwy 1, Titusville, FL 32780, spoke in favor.
Stan Johnston, 860 Poinsettia Avenue, Titusville, FL 32780, spoke in favor.
Discussion followed.
Vice-Chairman Taylor made a motion to approve Variance 2-2023 for 4710 S. Washington Avenue, as requested which would make it just the five foot.
Brad stated he wanted to clarify the motion is to allow the requested 15-foot utility easement inside the required 20-foot landscape buffer along the right-of-way.
Vice-Chairman Taylor stated yes.
Member Wheelus seconded.
Roll call was as follows:
Member Beckles Yes
Member Van Deven Yes
Member Wheelus Yes
Chairwoman Smith-Rodriguez Yes
Vice-Chairman Taylor Yes
Motion passed.
Semi-Annual Report
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Petitions and Request from the Public
Stan Johnston, 860 Poinsettia Avenue, Titusville, FL 32780, spoke on SMJ Oaks at Mockingbird Lane.
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Reports
City Staff – Brad stated there is one application for the March 1 meeting.
City Attorney – None.
Members – None.
Chairwoman – Chairwoman Smith-Rodriguez stated there is a Semi-Annual Report to approve. Brad stated yes.
Chairwoman Smith-Rodriguez stated it will be presented to Council. Mr. Parrish stated yes.
Adjournment was at 7:39 p.m.