BOA October Minutes

Lakeland Board of Appeals
Meeting Minutes
Thursday, October 18, 2007

I. CALL TO ORDER: Meeting was called to order at 6:35 PM by Acting Chairman Charles Thompson.

II. ROLL CALL:
Mrs. Jo Ann Cohen Present
Mr. Tom Mitchell Absent (excused)
Com. Clark Plunk Present
(C) Mr. Charles Thompson Present


Others present:
Jim Atkinson, Planning Director Charles & Pat Barrett, 4542 Chambers Chapel Road
Mark Hartz, Vice-Mayor Darin Bommarito, Charta Homes, GP
III. APPROVAL OF MEETING MINUTES:
Mrs. Cohen moved to approve the regular meeting minutes of September 25, 2007 as presented.

Commissioner Plunk seconded the motion.

The meeting minutes were approved with no objections.

IV. OLD BUSINESS: None

V. NEW BUSINESS:
Chairman Thompson advised the applicants of the fact that with only three members present a unanimous vote would be required and asked if they would like to proceed or continue the matter.

For the record: Both applicants chose to proceed.

1.) Action on a request for a variance of seven (7) feet from the side yard setback requirement to allow an addition to an existing home on the property located at 4542 Chambers Chapel Road.
Mr. Charles Barrett, the applicant, was allowed up to 30 minutes to present his request.

Mr. Jim Atkinson, City Planner, was allowed up to 30 minutes to present the city’s position. (See Attachment A for Staff Report)

Mrs. Cohen moved to approve the requested variance of seven (7) feet from Article IV, Section 1,Chart 2 of the Zoning Ordinance to allow a side yard setback of 18 feet for an addition to the existing principal structure on the property located at 4542 Chambers Chapel Road.

Commissioner Plunk seconded the motion.

Motion passed unanimously, roll call vote, 3-0.
Cohen Yea
Plunk Yea
(C) Thompson Yea

2.) Action on a request for a variance of 225 feet from Article XIV Section 7 of the Zoning Ordinance to allow a subsurface septic system to be located within the required Streamside Management Buffer on lot number 45 of Bentbrooke Hills Subdivision Phase 3 (10555 Bentbrooke Drive).
Mr. Darin Bommarito, the applicant, was allowed up to 30 minutes to present his request.

Mr. Jim Atkinson, City Planner, was allowed up to 30 minutes to present the city’s position. (See Attachment B for Staff Report)

Mrs. Cohen moved to approve the requested variance of 225 feet from the Streamside Management Buffer Ordinance (Article XIV) to locate a subsurface septic system on the property located at 10555 Bentbrooke Drive contingent upon the following:
1. The septic system shall include a drawdown drain.
2. The septic system shall not be located within 10 feet of the rear property line.
Continued on the next page
Continued from the previous page


Commissioner Plunk seconded the motion.

Motion passed unanimously, roll call vote, 3-0.
Cohen yea
Plunk yea
(C) Thompson yea

3.) Action on a request for a variance of 225 feet from Article XIV Section 7 of the Zoning Ordinance to allow a subsurface septic system to be located within the required Streamside Management Buffer on lot number 47 of Bentbrooke Hills Subdivision Phase 3 (10605 Bent Hill Drive).
Mr. Darin Bommarito, the applicant, was allowed up to 30 minutes to present his request.

Mr. Jim Atkinson, City Planner, was allowed up to 30 minutes to present the city’s position. (See Attachment B for Staff Report)

Mrs. Cohen moved to approve the requested variance of 225 feet from the Streamside Management Buffer Ordinance (Article XIV) to locate a subsurface septic system on the property located at 10605 Bent Hill Drive contingent upon the following:
1. The septic system shall include a drawdown drain.
2. The septic system shall not be located within 10 feet of the rear property line.

Commissioner Plunk seconded the motion.

Motion passed unanimously, roll call vote, 3-0.
Cohen yea
Plunk yea
(C) Thompson yea


VI. ADJOURNMENT:
Mrs. Cohen moved to adjourn the meeting.

Commissioner Plunk seconded the motion.

With no objections the meeting was adjourned at 7:15 PM.



____________________________
Charles Thompson, Secretary

ATTEST:

____________________________
Sontidra Franklin, City Recorder


These minutes were approved on November 15, 2007.

BOA September Minutes

Lakeland Board of Appeals
Meeting Minutes
Tuesday, September 25, 2007
6:30 PM City Hall

I. CALL TO ORDER: Meeting was called to order at 6:30 PM by Chairman Gerrit Verschuur.

II. ROLL CALL:
Mrs. Jo Ann Cohen Present
Mr. Tom Mitchell Present
Com. Clark Plunk Present
Mr. Charles Thompson Present
(C) Gerrit Verschuur Present

Others present:
Jim Atkinson, Planning Director Victor Bishara, VLB Holdings, LLC
Lon Hill, Renaissance Group
Dick Leike, Canada Woods Commercial

III. APPROVAL OF MEETING MINUTES:
The meeting minutes of July 19, 2007 were approved with no objections.

IV. OLD BUSINESS: None

V. NEW BUSINESS:

1.) Action for a Special Exception to permit a dental office in a recently approved commercial building on Lot 4 of Phase 4 of the Fairway Meadows commercial subdivision located on Highway 64 directly east of AutoZone.
Mr. Victor Bishara, the applicant, was allowed up to 30 minutes to present his request.

Mr. Jim Atkinson, City Planner, was allowed up to 30 minutes to present the city’s position. (See Attachment A for Staff Report)

Public comments were heard from the following:
Ms. Mary Ferguson of 3180 Nova Scotia was in favor of the Special Exception request.

Mr. Mitchell moved to approve a Special Exception to allow a dental office on Lot 4 of Phase 4 of the Fairway Meadows Commercial Subdivision located on Highway 64 directly east of Autozone with the following condition:

· The dental office shall be limited to 33% of the total building area (2400 square feet)

Mr. Thompson seconded the motion.

Motion passed unanimously, roll call vote, 5-0.
Cohen Yea
Mitchell Yea
Plunk Yea
Thompson Yea
(C) Verschuur Yea

2.) Action on a request for a variance of 18 feet from the rear setback requirement to allow a commercial building to be constructed within 82 feet of the rear property line on the property located on the northwest corner of Canada Road and Saskatoon Drive (parcel ID L0159 00501).
For the record: Mrs. Cohen recused herself on this item.

Mr. Lon Hill, representing the applicant, was allowed up to 30 minutes to present his request.

Mr. Jim Atkinson, City Planner, was allowed up to 30 minutes to present the city’s position. (See Attachment B for Staff Report)

Continued on the next page


Continued from the previous page


Public comments were heard from the following:
Mrs. Jo Ann Cohen of 3144 Woodland Crest Drive expressed her concerns of drainage issues, maintenance of the detention pond and opposed a berm.

Mr. Chuck Pounders of Nova Scotia stated he didn’t think 18 feet variance was that big of a deal versus a visional barrier and felt a masonry fence would be a better.

Mr. Scott Mertell of 3150 Nova Scotia expressed his concerns of drainage issues and a berm.

See Attachment C for written comments.

Mr. Mitchell moved to approve the requested variance of 18 feet from Article IV, Section 1, Chart 2 of the Zoning Ordinance to allow a rear yard setback of 82 feet for a proposed commercial building on the property located on the northwest corner of Canada Road and Saskatoon Drive (parcel l0159 00501) with the following condition:

· The Landscape buffer between the building and the adjacent residential properties shall be heavily landscaped to exceed the requirements found in the Municipal Code regarding buffering between differing uses. The DRC in concurrence with the city forester shall review the detailed landscape plans.

Commissioner Plunk seconded the motion.

Motion passed unanimously, roll call vote, 4-0.
Cohen recuse
Mitchell yea
Plunk yea
Thompson yea
(C) Verschuur yea


VI. ADJOURNMENT:
Commissioner Plunk moved to adjourn the meeting.

Mr. Mitchell seconded the motion.

With no objections the meeting was adjourned at 7:20 PM.



____________________________
Charles Thompson, Secretary

ATTEST:

____________________________
Sontidra Franklin, City Recorder

These minutes were approved on October 18, 2007.

BOA July Minutes

Lakeland Board of Appeals
Meeting Minutes
Thursday, July 19, 2007
6:30 PM City Hall


I. CALL TO ORDER: Meeting was called to order at 6:33 PM by Chairman Gerrit Verschuur.

II. ROLL CALL:
Mrs. Jo Ann Cohen Present (at 6:35 PM)
Mr. Tom Mitchell Absent (excused)
Com. Clark Plunk Present
Mr. Charles Thompson Present
(C) Gerrit Verschuur Present

Others present:
Jim Atkinson, Planning Director Rusty Vollmer, Renaissance Homes
Brian & Teresa Wheeler, 10585 Bent Hill Dr.

III. APPROVAL OF MEETING MINUTES:
The meeting minutes of June 21, 2007 were approved with no objections. (Chairman Verschuur abstained)

IV. OLD BUSINESS: None

V. NEW BUSINESS:

1.) Action on a request for a variance of 13.4 feet from the front yard setback requirement to allow a partially-constructed home to remain on the property located at 10585 Bent Hill Drive (Lot 46 of Bentbrooke Hills, Phase 3).
Mr. Rusty Vollmer, the applicant, was allowed up to 30 minutes to present his request.

Mr. Jim Atkinson, City Planner, was allowed up to 30 minutes to present the city’s position. (See Attachment A for Staff Report)

Commissioner Plunk moved to approve the requested variance of 13.4 feet from Article IV, Section 1, Chart 2 of the Zoning Ordinance to allow a front yard setback of 86.6 feet for a principal structure on the property located at 10585 Bent Hill Drive (Lot 46 of Bentbrooke Hills, Phase 3).

Mr. Thompson seconded the motion.

Motion passed, roll call vote, 3-1.
Cohen Yea
Plunk Yea
Thompson Yea
(C) Verschuur Nay

2.) Discussion regarding amendments to the Zoning Ordinance to provide standards for decks.
Chairman Verschuur moved to encourage the Board of Commissioners to consider the attachment regarding Standards for Decks. (See Attachment B)

Mrs. Cohen seconded the motion.

Motion passed unanimously, voice vote, 4-0.


VI. ADJOURNMENT:
Mr. Thompson moved to adjourn the meeting.

seconded the motion.

With no objections the meeting was adjourned at 7:12 PM.


Continued on the next page




Continued from the previous page




____________________________
Charles Thompson, Secretary

ATTEST:


____________________________
Sontidra Franklin, City Recorder




These minutes were approved on September 25, 2007.

BOA May Minutes

Lakeland Board Of Appeals
Meeting Minutes
Thursday May 31, 2007
6:30 PM City Hall




I. CALL TO ORDER: Meeting was called to order at 6:30 PM by Chairman Gerrit Verschuur.

II. ROLL CALL:
Mrs. Jo Ann Cohen Present
Mr. Tom Mitchell Present
Com. Clark Plunk Present
Mr. Charles Thompson Absent (excused)
(C) Gerrit Verschuur Present

Others present:
Jim Atkinson, Planning Director
Max & Henrietta StainBrook, 3185 Sea Ray Lane
David Lakin, City Attorney

III. APPROVAL OF MEETING MINUTES:
Chairman Verschuur declared the regular meeting minutes of April 19, 2007 approved as submitted with no objections being heard.

IV. OLD BUSINESS: None

V. NEW BUSINESS:

1.) Action on an appeal of a decision made by the City of Lakeland Building Official regarding the setback requirement for a deck.
Mr. Max Stainbrook, the applicant, was allowed up to 30 minutes to present his appeal.

Mr. Jim Atkinson, City Planner, was allowed up to 30 minutes to present the city’s position. (See Attachment for Staff Report)

Public Comments were heard from the following:
Mr. Robert Shepard of 10120 Serenity Drive supported the applicant’s appeal.
Mr. Shelby Berryhill of 10137 Walker Springs supported the applicant’s appeal.
Mr. Gene Torrey of 3117 Sea Ray Lane supported the applicant’s appeal.
Mr. Lee Maupin of 3123 Sea Ray Lane supported the applicant’s appeal.
Ms. Leslie Phillips of Brownsville, TN, daughter of the applicant, supported the appeal.

Mrs. Cohen moved to deny the appeal of a decision made by the City of Lakeland Building Official regarding the setback requirement for a deck at 3185 Sea Ray Lane.

Mr. Mitchell seconded the motion.

Motion passed unanimously, roll call vote, 4-0.
Cohen Yea
Mitchell Yea
Plunk Yea
(C) Verschuur Yea

Commissioner Plunk moved to request that staff and appropriate boards consider an amendment to the Zoning Ordinance to deal with decks and like structures.

Chairman Verschuur seconded the motion.

Motion passed unanimously, roll call vote, 4-0.
Cohen Yea
Mitchell Yea
Plunk Yea
(C) Verschuur Yea
Continued on the next page
Continued from the previous page


VI. ADJOURNMENT:
Mr. Mitchell moved to adjourn the meeting.

Mrs. Cohen seconded the motion.

With no objections the meeting was adjourned at 7:52 PM.




____________________________
Charles Thompson, Secretary

ATTEST:


____________________________
Sontidra Franklin, City Recorder


These minutes were approved on June 21, 2007.