Lakeland Board Of Appeals
Meeting Minutes
Thursday August 20, 2009
6:30 PM City Hall
I. CALL TO ORDER: Meeting was called to order at 6:30 PM by Chairman Tom Mitchell.
II. ROLL CALL:
Mrs. Jo Ann Cohen Present
Mr. Kenneth Collins Present
Com. Gerrit Verschuur Present
(C) Tom Mitchell Present
Others present:
Jim Atkinson, Planning Director Kenny & Samantha Jefferson, 10059 French Springs
J Higbee, Growth Management Director
David Lakin, City Attorney
Mike Morrissett, Chief Inspector
III. APPROVAL OF MEETING MINUTES:
No action was taken.
IV. OLD BUSINESS:
1) Action on a variance of 4.5 feet to allow a previously-constructed building addition to remain on the property located at 10059 French Springs within the Cool Springs Planned Development.
Mr. Jim Atkinson, City Planner, was allowed up to 30 minutes to present the city’s position. (See Attachment A)
Mr. and Mrs. Jefferson, the applicants, were allowed up to 30 minutes to present their request for a variance. (See Attachment B for copies passed out by applicants)
Public comments were heard from the following:
Mr. Ronnie Lee of 2309 N. Collierville Arlington Rd, stated for the record he was Mrs. Jefferson’s stepfather and as a real estate agent he was qualified to address the issues regarding property value; he also spoke in favor of the variance being granted.
Mrs. Brenda Solominto of 10145 Mackwood Drive stated for the record, as a land planner she was the expert witness representing the Menards and Magnolia Homes who were requesting denial of the variance.
Mr. Daryl Menard of 10053 French Springs Road spoke in opposition to the variance being granted.
Mr. Neil Kenemer of 10065 French Springs Road inquired about if the Variance was not granted what is the follow-up procedure and the process of obtaining public records.
Ms. Sherrye Willis of 10089 French Springs Road stated she was in agreement with the previous comments spoken in opposition to the variance being granted.
Mrs. Mitzi Pilcher of 10074 French Springs Road spoke in favor of the variance being granted.
Mrs. Shirley Lee of 2309 N. Collierville Arlington Road concurred with Mrs. Pilher’s comments.
Mr. Phil Pilcher of 10074 French Springs Road spoke in favor of a variance being granted.
Mr. Jeff Masse of 10069 Chalet Springs Drive spoke in favor of a variance being granted.
Ms. Karen Garner of 3023 Centre Oak Way, the developer, builder of Cool Springs Subdivision and a member of the Architect Control Board spoke in opposition of a variance being granted.
Mrs. Carolina Smithwick of 10062 French Springs Road spoke in favor of a variance being granted.
(For additional written comments see attachment C.)
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Commissioner Verschuur moved to deny the requested variance as outlined in the staff report dated August 20, 2009.
For the record: The staff recommendation is as follows:
Deny the requested variance of 4.5 feet from the rear yard setback requirement on the property located at 10059 French Springs based on the following findings of fact:
1. The particular physical surrounding, shape, or topographic conditions of the specific property involved would not result in a particular hardship upon the owner as distinguished from a mere inconvenience, if the strict application of this Ordinance were carried out.
2. The condition upon which the petition for variance is based would be applicable, generally, to other property within the same district.
3. The variance would confer on this applicant a special privilege that is denied by this Ordinance to other lands, structures, or building in the same district.
4. Granting the variance could be detrimental to the public welfare or injurious to other property or improvements in the area in which property is located.
5. The variance could impair an adequate supply of light and air to adjacent property, substantially increase the congestion in the public streets, increase the danger of fire, endanger the public safety, or substantially diminish or impair property values within the area.
Mrs. Cohen seconded the motion.
Motion passed, roll call vote, 3-1.
Cohen Yea
Collins Yea
Verschuur Yea
(C) Mitchell Nay
V. NEW BUSINESS:
1.) Presentation regarding the draft Land Development Regulations. (Oral report)
Discussion only, no was action taken.
VI. ADJOURNMENT:
Commissioner Verschuur moved to adjourn the meeting.
Mrs. Cohen seconded the motion.
With no objections the meeting was adjourned at 8:30 PM.
____________________________
Jo Ann Cohen, Secretary
ATTEST:
____________________________
Sontidra Thomas, City Recorder
These minutes were approved on December 21, 2009.
