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BOA12-09-08Min CITY OF LONGWOOD Board of Adj~istments Special Meeting Minutes CITY COMMISSION CHAMBERS 175 W. Warren Avenue December 9, 2008 - 7:00 P.M. ATTENDANCE: BOARD: STAFF: Barry Revels, Chair F~aul Sizemore, Community Service Director Aaron Rupp, Member N:elly Morrow, Community Development Coordinator Tom DeNegre, Member Debby Reimers, 12ecording Secretary ABSENT: Autumn Doulong, Member Arthur Heintz, Vice Chair 1. CALL TO ORDER Chair Revels called the meetine~ to order at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE: Chair Revels led in the Pledge of Allegiance. 3. APPROVAL OF THE MINUTES FOR: ~ A. SPECIAL MEETING: Ncrvember 18, 2008 Chair Revels pointed out a correction on page 4, item 3, fourth paragraph changing the word "is" to "if'. The Board Secretary added another correction on the top of page 1 the word "Agenda" should be changed to the word "Minutes" and ;after Arthur Heintz's name the word "Member" changed to the vrord "Vice Chair". Motion to approve by Member DeNegre and seconded by Member .Rupp to include the corrections mentioned and carried by a unanimous roll call vote with Vice Chair Arthur Heintz and Member Doulong absent. 4. PUBLIC HEARING Chair Revels opened the Public Hearing. A. VAR 16-08 Variance A variance to Longwood Development Code Article IV, Section 4.2.3, IrVetland protection requirements, to fill in a portion of the wFalands in order to create a retention pond. ;?35 Longwood :street N.. Property I D#: 3'I -20-30-5AU-0000-4330, 31-20-30-5AU-0000- ~ , 4450, 31-20-30-5AU-0000-4470 Applicant: Rick L~~mbrich ~ Ms. Morrow recommended thE~ Board review the requested variance, VAR 16-08. She referenced the Longwood 'Development Code, LDC 4.2.3..., Wefland Protection Requirements, which states that wetland impacts shall first be avoided and all development near wetlands shall be setback by at least 20ft. Ms. Morrow stated the applicant was requesting a variance to fill in a portion of the wetlands in order to create a retention pond so that he may accommodate a lairger storage area on site. The St. Johns Water Management permit already obtained by the applicant required mitigation; where a portion of wetlands must be purchased elsewhere. IMs. Morrow indicated the applicant was in attendance. Chair Revels questioned if the applicant had anything he would like to say. Rick Lembrich, :?35 Longwood) St., introduced himself to the board. He stated he had already received the permits required from St. Johns Water Management. He said he has been working on this project for a year and a f-~alf and really needed the requested variance to operate his business. Chair Revels asked if there was. anyone else present to speak. Chair Revels closed public hearing. Discussion ensued among the E3oard members.. Chair Revels reopened the meeting. Motion to approve item 4A by Member DeNegre and seconded by Member Rupp and carried by a unanimous roll call vote with Vice Chair Arthur Heintz and Member Doulong absent. B. VAR 17-08 \/ariance A variance to Longwood Development Code Article ILI, Section 3.2:.1, to reduce the required side corner yard setback for a canopy structure. fi01 Granada Way Property ID#:05-21-30-521-OA00-0070 ~.\pplicant: Dennis Rosenquist Chair Revels opened the Public; Hearing. Ms. Morrow recommended the Board revievv the requested variance, VAR 17-08. She referenced the Longwood Development Code, LDC 3.2.1.E.,Table of Dimensional Standards, that requires corner lots with a LDR. land use designation shall have a setback on each road frontage equal to 'the required front setback (25ft). Ms. Morrow advised the applicant was requesting a variance to reduce the side setback from 25 ft to Oft for a canopy structure to storey a boat. and w<~s in attendance. Chair Revels inquired if the city had previously approved the applicant for his concrete pad and fence. He also inquired about a note from John Drago on the survey. Mr. Sizemore gave a brief history on the property. He referred to the survey of the property in question and explained that both the concrete pad and the fence 'has been permitted and ~ currently canopy structures didn't require a permit but they did have to meet the minimum setback requirements. He saki if the variance was approved the applicant would have everything required per code for this project. Chair Revels questioned if the applicant had anything he would like to say. Dennis Rosenquist, 501 Granada Way, introduced himself. He addressed the board and stated the canoF>y structure was completed at the same time as the fence and concrete permits. He said before starting the project he came to the city to see what he needed to do and after pulling some permits he was told by City staff they did not have a permit for the canopy at that time. He also stated when the building official came out to inspect the slab the canopy was in place and i:he building offi~~ial saw it. He stated at a later time, Code Enforcement Officer Cathy Price came out with her supervisor on another issue and the canopy was installed then and nothing was sari. He stated it was not until now, a few years after the canopy had been in place that he was told he would have to apply for a variance for the canopy. He stated he was trying to do evf~rything the city asked him to do and that the Columbus Harbor Homeowner's Association ha.d approved the project.. Chair Revels asked if there was, anyone else. present to speak for or against the request. Mr. Van Olvey, 1320 S. Grant Street, introduced himself. He said when he looks out his window he sees the fence and thinks it looks nice. He is on the HOA board and said he knows the HOA approved it. Fle said Code Enforcement had received many complaints on 501 Granada Way and he couldn't believe the~~ were still being harassed. He believed it is an embarrassment to the city and he would like to see the matter put to rest. Chair Revels asked if there was anyone else present to speak for or against the request. Mr. Barry Siebert, 1321 S. Grant St, introducecl himself. He said he loved Columbus Harbor and loved the City of Longwood. However, when he looks out his driveway he sees the canopy in question. He said hE~ thought when he looked at the drawing of the property there was supposed to be a fence. He said he hard looked at the structure for 3 '/2 years and asked the board that he not be made to look ai: the structure for another 3'/2 years. His only objection to the canopy and structure is that he does not want to see it. Member DeNegre asked if a fence would appease 'him. Chair Revels cornmented that Columbus Harbor is a boating community and he did not know if a fence would really make it better. Member DeNegre said you could not please everyone all the time. Ms. Morrow read Section 86-8~~ of the city codE~ concerning parking of recreational vehicles. Chair Revels closed the public (hearing. Discussion among the board mE~mbers ensued concerning the case. Chair Revels reopened the public hearing. Member Rupp stated for the record that Mr. 'Rosenquist is a customer of his but that he would have rio financial gain or economic impact as a result of this variance request. Member DeNegr~e stated for thE~ record that he knew Mr. Rosenquist and served on the HOA with him. Motion to approve item 48 by .Member DE~Negre and seconded by Member Rupp and carried by a unanimous roll call vote with Vice Chair Arthur Heintz and Member Doulong absent. Member DeNegr-e expressed i:o Mr. Rosenquist, if at all possible, maybe he could work something out with his neighbor Mr. Siebert. Mr. Rosenquist said he plannecl on doing so. 5. OLD BUSINESS Ms. Morrow stated there was nc~ old business. 6. NEV11 BUSINESS Ms. Morrow stated there was no new business. 7. DISCUSSION AND SCHEIDULE FOIR FUl'URE AGENDA ITEMS Next regularly scheduled meeting: January 28, 2009 8. PUBLIC COMMENT There was no public comment. 9. ADJOURNMENT Motion to adjourn by Member DeNegre anc~ seconded by Member Rupp with Vice Chair Arthur Heintz and Member Doulong absent. The meeting adjourned at 7:25 p.m. r Barry Re'v Is, Chair ATTEST: Debby Reimers, t r~etary