- Board of Adjustments and Appeals
- June 28, 2023
June 28, 2023
BOARD OF ADJUSTMENTS AND APPEALS AGENDA
REGULAR MEETING - June 28, 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. MAY 24, 2023 MINUTES
V. QUASI-JUDICIAL CONFIRMATION PROCEDURES
- Verify all persons wishing to speak before the board has signed an Oath Card.
- Chairman confirms that all agenda items have been properly advertised.
- 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
- Variance (VAR) No. 11-2023, 2416 Fox Hollow Drive
- Variance (VAR) No. 12-2023, 2301 Fox Hollow Drive
- Variance (VAR) No. 13-2023, 2311 Fox Hollow Drive
- PETITIONS AND REQUEST FROM THE PUBLIC PRESENT
- REPORTS
- ADJOURNMENT
Board of Adjustments and Appeals
Regular Meeting
June 28, 2023
The Board of Adjustments and Appeals (BAA) of the City of Titusville, Florida, met in regular session in Council Chambers, on Wednesday, June 28, 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 Planner Joshua Mesnick, Assistant City Attorney Chelsea Farrell and Sr. Administrative Assistant Kim Amick. It was determined that a quorum was present.
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Member Wheelus made a motion to approve the minutes for May 24,2023. Vice-Chairman Taylor 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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Joshua Mesnick confirmed that all agenda items had been properly advertised.
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Chairwoman Smith-Rodriguez called for members’ statements, if they had visited any of the sites.
Vice-Chairman Taylor stated as a realtor he does have a piece of property to the rear of first agenda item that will be touching the project. He stated he has spoken to council, but he has no interest in that project and does not see that there is a conflict and has not spoken to the owner of the property or any of the neighbors.
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Consent Agenda Items
None
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Old Business
None
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New Business
Variance11-2023 – 2416 Fox Hollow Drive
Joshua Mesnick reviewed the staff report and explained what the applicant was requesting.
Robert Donovan, 1985 N Tropical Trail, Merritt Island, Florida, spoke in favor of this item.
Stavios Hatzistavridis, spoke in favor of this item.
Jose Pio, 3266 Pheasant Trail, Mims, Florida, spoke neither for nor against this item.
Vice-Chairman Taylor made a motion to approve Variance 11-2023 at 2416 Fox Hollow Drive as presented.
Member Van Deven 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 12-2023 – 2301 Fox Hollow Drive
Joshua Mesnick reviewed the staff report and explained what the applicant was requesting.
Abby Offerman, 2487 Aloma Avenue, #100, Winter Park, Florida, spoke in favor of this item.
Paul Abate, 8721 Pine Barrens Drive, Orlando, Florida spoke in favor of this item.
Member Beckles made a motion to approve Variance 12-2023, 2301 Fox Hollow Drive as presented.
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.
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Variance 13-2023 – 2311 Fox Hollow Drive
Chairwoman Smith-Rodriguez stated to staff, this is the same analysis and request. Joshua stated yes.
Chairwoman Smith-Rodriguez asked council if they have to formally go through the same process. Assistant City Attorney Farrell stated you can recognize that you have heard it all already on the record.
Chairwoman Smith-Rodriguez stated she recognizes that for Variance 13-2023 the same request analysis and requested variance as Variance 12-2023 at 2301 Fox Hollow Drive has been heard and the variance has been approved to eliminate the terminal islands for the parking.
Chairwoman Smith-Rodriguez asked staff if there was anything additional they needed to know for consideration for the 13-2023 variance. Joshua stated no, it is the same exact application.
Member Wheelus made a motion to approve Variance 13-2023, 2311 Fox Lake Drive, variance to LDR Section 30-382 to eliminate the requirement for the terminal island parking lot.
Vice-Chairman Taylor seconded.
Roll call was as follows:
Member Wheelus Yes
Chairwoman Smith-Rodriguez Yes
Vice-Chairman Taylor Yes
Member Beckles Yes
Member Van Deven Yes
Motion passed.
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Petitions and Request from the Public
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Reports
City Staff – Joshua stated there is one variance for the July meeting.
City Attorney – Assistant City Attorney Farrell stated City Hall will be closed on Tuesday to observe the 4th of July and the annual celebration will be held at the Chain of Lakes Park.
Members – Member Beckles stated she will be unable to attend the July meeting.
Vice-Chairman Taylor stated there is still on opening on the board for an alternate member.
Chairwoman – None.
Adjournment was at 6:33 p.m.