October 26, 2022

  1. Minutes

Board of Adjustments and Appeals                                                            

Regular Meeting

October 26, 2022

 

The Board of Adjustments and Appeals (BAA) of the City of Titusville, Florida, met in regular session in Council Chambers, on Wednesday, October 26, 2022.

 

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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 Kristen Smith-Rodriguez, Vice-Chairman Thomas Taylor, Member Richard Wheelus, Member Gina Beckles and Member Margaret Van Deven.  Also, in attendance were Community Development Director Brad Parrish, 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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Vice-Chairman Taylor made a motion to approve the minutes for August 24, 2022.  Member Wheelus 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 21-2022 – 3705 Hickory Park Drive

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

 

Patricia Guitard, 3705 Hickory Park Drive, Titusville, FL, spoke in favor.

 

Stan Johnston, 860 Poinsettia Avenue, Titusville, FL, spoke neither for or against.

 

Vice-Chairman Taylor made a motion to deny.

 

Member Wheelus 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

 

Vice-Chairman Taylor stated the basis for the denial is from the staff’s analysis that there is no hardship and does not meet the minimum variance needed.

 

Variance 22-2022 – 2600 S. Park Avenue

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

 

Rodney Honeycutt, 3700 S Washington Avenue, Titusville, FL, spoke in favor.

 

William Chivers, 3735 Chiara Drive, Titusville, FL, spoke in favor.

 

Steve Yuke, 2595 LaGrange Road, Titusville, FL, spoke in favor.

 

Charles Long, 7103 Kings Cross Street, Titusville, FL, spoke in favor.

 

Brian McKinney, 3566 S. Park Avenue, Titusville, FL, spoke in favor.

 

Stan Johnston, 860 Poinsettia Avenue, Titusville, FL, spoke neither for or against.

 

Discussion followed.

 

Member Van Deven made a motion to approve Variance 22-2022, 2600 S. Park Avenue.  

 

Member Van Deven stated the reason for the approval is the public safety and welfare.

 

Member Beckles 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.

 

Variance 23-2022 – 60 Lakeview Avenue

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

 

Jon Garrison, 149 Harrison Street, Titusville, FL, spoke in favor.

 

Andrea Egloff, 60 Lakeview Avenue, Titusville, FL, spoke in favor.

 

Member Wheelus made a motion to approve Variance 23-2022 allowing for side yard setback and side corner yard setbacks as requested.

 

Member Wheelus stated the hardship is the property was nonconforming after the fact.

 

Member Beckles 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.

 

Variance 24-2022 – 3550 S. Washington Avenue

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

 

Jesse Wright, 3550 S. Washington Avenue, Titusville, FL, spoke in favor.

 

Bruce Hall, 1951 Branch Walter Trail, Orlando, FL, spoke in favor.

 

Rodney Honeycutt, 3700 S Washington Avenue, Titusville, FL, spoke in favor.

 

Lisa McCotter, 515 Country Club Drive, Titusville, FL, spoke in favor.

 

Stan Johnston, 860 Poinsettia Avenue, Titusville, FL, spoke neither for or against.

 

Discussion followed.

 

Member Beckles made a motion to approve the variance to Section 30-322(a) with the following condition:

 

  1.  That the larger caliper trees be planted on the property perimeter landscape yards.

 

Member Wheelus seconded.

 

Brad asked for a clarification, the motion is to approve the request as presented or to approve it with conditions.

 

Member Beckles stated as presented.

 

Brad stated so as presented by staff with conditions.

 

Member Beckles stated yes.

 

Chairwoman Smith-Rodriguez stated the motion is as recommended by staff with its condition.

 

Chairwoman Smith-Rodriguez asked if the second still held.

 

Member Wheelus stated yes.

 

Roll call was as follows:

 

Vice-Chairman Taylor                                    Yes

Member Beckles                                             Yes

Member Van Deven                                       Yes

Member Wheelus                                            Yes

Chairwoman Smith-Rodriguez                       Yes

 

Motion passed.

 

Member Van Deven made a motion to approve the variance to Section 30-335 regarding the landscape yards to allow less than the minimum width of required property perimeter landscape yards with the following condition:

 

  1.  The approval should be consistent with the permitted uses within the landscape yards as described in Section 30-337 of the Code.

 

Member Beckles seconded.

 

Chairwoman Smith-Rodriguez asked to add an amendment to the motion to not reduce the number of required vegetation, to make that a clear statement.

 

Member Van Deven stated she agreed, the approval will not reduce the minimum number of required vegetation as amended.

 

Member Beckles stated the second holds.

 

Roll call was as follows:

 

Member Van Deven                                       Yes

Member Wheelus                                            Yes

Chairwoman Smith-Rodriguez                       Yes

Vice-Chairman Taylor                                    Yes

Member Beckles                                             Yes

 

Motion passed.

 

Member Wheelus made a motion to approve the variance to Section 30-362 to reduce the number of building perimeter plantings provided with the following condition:

 

 

  1.  That there is an equal set aside within the development and the approval should be consistent with the parking landscaping requirements described in Section 30-382(c) of the Code.

 

Member Van Deven seconded.

 

Discussion followed.

 

Roll call was as follows:

 

Chairwoman Smith-Rodriguez                       Yes

Vice-Chairman Taylor                                    Yes

Member Beckles                                             Yes

Member Van Devens                                      Yes

Member Wheelus                                            Yes

 

Motion passed.

 

November and December 2022 Schedule

 

Chairwoman Smith-Rodriguez stated they needed to discuss the November and December meetings.

 

Brad stated they are proposing three dates to combine the November and December meetings, Tuesday, December 6, Thursday, December 8 or Thursday, December 15.

 

Discussion followed.

 

Brad stated there is also December 1.

 

Vice-Chairman Taylor made a motion to adjust the next meeting to be December 1 that would cover the November and December meeting times.

 

Member Wheelus 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.

 

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Petitions and Request from the Public 

 

Stan Johnston, 860 Poinsettia Avenue, Titusville, FL, spoke regarding SMJ Oaks and Mockingbird Lane.

 

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Reports

 

City Staff – Brad stated there is one agenda item for the next meeting.

 

City Attorney – None.

 

Members – None.

 

Chairman – None.

 

Adjournment was at 8:30 p.m.