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BOAMin01-28-98CITY OF LONGWOOD BOARD OF ADJUSTMENT MINU'PE5 January 28, 1990 toff: J m Daly, Chairman Carl Gosline, Planning D n Manager Sue Wiltler John Groenendaal, PS anningtAide Tim Orrange Laura Moehlenkamp s. Rpssell xammona cn.at: Marcus waiiera, Beazer xomea 1. cur, To oRDRR: The January 28, 1998 m ing of the Board of Adjustment was called [o order at 6: O1 aP.M. by Chairman Daly. 2. Coneidesation o£ Decemb®s 2, 1997, Minutes: . Daly hatl o ect ion for the m asking t change the word "Chairman' "Ciiy Conm:i ssion"]in page 3 fourth line from the top. Daly as ketl if any c eeded. Seeing n Mrorrange m ved Y cept rihe t0 cember 2~, 199], mrnutes as amentled. The motion ~axried unanrmously. 3. Old evainesa: Reeonaidaration o£ VARIANCR RR UE9T: Lon Clvb - 116 Fi Tree Rnn VAR-03-97 - To redo a the c d tb k £ 25£t, to 15 £t.- lieant. Mazeva wattera Benzes Homes Mt. Daly presented proof of publication from the November 21,199] Sanford Herald. Mr. Daly opened the public hearing and asketl Fox those in favor of v Mz. Gosline r ratetl the Yaff's endation totaapprove the Waiters, the rappllcanC, asked the Board to aapprove the . Daly asked for any other pexsorts in favor D opposition of the vaxaance. Seeing none, he closed The public hearing. The 9oa rd had n w discussion on the i and M Wilder ved [o approve the variance. M Crrange ss onded SMr. Daly asked again £or any discussion. Seeing e Mi. Daly es red a roll call vote on the motion [o approve. Board of naj usiment January 28, 1998 P9. 2 Oaly - Mr. Orra nge - Yes Ms. Wilder - Yes Ms. Moenlenkamp- No Mr. Haavnond - Yes the variance was approvetl 3-2. d. N®r e Aeviaio~oE the Bolen of Pxoceduze Mr. Daly stated he cold go through all the changes and i and the Board woultlw di scuss any issues that needed corrected. Mr. Hammond asked why s n 2.1 of the roles changed the December and N vember m etings to be scheduletl a eek early. Mr. Daly explained [hat eit was done to prevent conflicCS with the holidays. Mr. Daly asked the Board if 6:00 P.M, w till a eceptable meeting trme. None of the members said it presented a problem. Mr. Daly asked Mr. Gosline if n 8.6 of the rules should be imple majority rather cthan 4 majority ind a Mr. Daly felt a 75& majority will be impossible on aa5 cmember board. The Board accepted the change . Daly asked for a nfl i<[ of i t farm to be a ached the rules for members t n 9.3 of the trines Mr. Daly also asked when the conf licit of interest should be filed. Gosline s ted he thought a onf lict of a for ust be £i led within een days of the heacing, but ehe would ask the City Clerk. . Daly inquired if a member has a on£lict, may he o she speak in the Board's discussions. Mr. cGOSline said it w s his understanding that a member could not pariicipate in the discussion or vote on the matter. . Daiy asked the e aid if ehey would like [ eliminate e and members £rom discussion and voting if a onfli ct of interest exist ed. The Board agreed to create ehatcrul e. . Daly felt that section 9.5 of the rules shoultl include a clause where a and members would not be polled regarding theic ration ale fox a vote on a matter. Boara of Aa~astment January 28, 1998 Pg. 3 If the BOA disagrees with the staff's findings, which e inly ehe BOA's privilege, w findings of fact m bere red i the r ord. Therefore, the staff believes ul appropriate to poll members Eor their r ns for a vote which rs contrary to the staff recommendationa so Mr. Gosline explained that all v e quasi-judicial decisions and a uch m t be made based son findings of fact. The staff presents the of inding s of fact in support of the recommendation in the sta{f report. . Daly s ted that by polling the members for their opinion the staff w violating state law and Robert's Rules of order. Mr. Daly also felt o voted o there should be o further discussion QMr. Daly stated applicants c appeal o Circuit Court and B and members c why they v ted ehe way they did in a depos chose nn After e disc the BOA agz=_ed t make final tvotes wthe final word withwnor polling or further discussion. The Board agreed to adopt the order of business aY the meetings as proposed in section 5.1 of the rules. The 5oaxd r ved the reference to Robert's Rules of Order o ections Bea nand 8.5. of the rules and accepted them as Mr. Gosline explained that section 8.5 of the rules c zetl inding and that i s tlifferent from r sideratione He ted r inding 1s to be used when n w facts c o light and the eeoard would like to considere reversing ma prevvous Mr. Gosline asked the Board to give a time limitation i£ Chey ould like r inding power and to tlescribe what c ould the Board u the r inding Power. After discussingnthe the and edecidedscxhat they did have rescinding powers and struck section 8.5 andn8t] of the orules. Mr. Daly inquired about the City imposing additional fees foz varrances that are car rigid over and tabled, like VAR-o3-9]. Board of Adjustment January 28, 1998 P9. 9 . Gosline saitl that e ery ad for a public hearing includes C that the m maybe tabled. If a atter i tabled e it does n requireer -advertising. Therefore, n s generated ~iHOwever, the LDC should be amended to allow fort the unusual case of this type. . Orrange m ved the rules and procedures be a cepted with the changes made. The motion was seconded and approved unanvmously. 5. Chairman Dsly IlaQaee t: The Dunkin Donuts sign at BOl W. S.R. 939 w .s pla<etl In the location of the old Not-N- Now sign. Mr. Daly explained that the Hot-N-Now sign required e for height. The BOA a that t e had denietl the but the City Commission hadm ned that dis and the sign Ted. Mr. Ualy s ted he would likens the that Hot-N-NOw ar gone and Oun kin Donuts has moved theirosign into the top slot. Mr. Gosline explainetl [hat the n w LDC has mechanisms t - onforming signs. He also mentioned that both the Adm Hoc nCOmmittee and [he Advisory mmi ttee ing the sign c rols portion of LDC. Both groups wi 11 make w endationst regarding changes rn the sign regal at ions 6. Ad3ournmenh: The eeting was adjourned at 7:00 P.M. with no further business.