CITY OF PINELLAS PARK
BOARD OF ADJUSTMENT MINUTES
REGULAR MEETING - QUASI-JUDICIAL
December 13, 2011
The meeting was called to order at approximately 7:10 p.m. by Charles Murray, Chairperson, Board of
Adjustment.
PRESENT: Charles Murray – Chairperson
Edward Kosinski
Charles Wasson
Michael Silcott
William Holmes
ABSENT:
INVOCATION:
STAFF PRESENT:
Derek Kantaskas – Vice Chairperson
Susan Wilson
Sheryl Sheppard, Planning and Zoning Analyst
Melissa Thrumston, Zoning Staff Assistant
Regina Kardash, Assistant City Attorney
Mr. Wasson
PLEDGE OF ALLEGIANCE: Mr. Kosinski
APPROVAL OF MINUTES: October 25, 2011
MOTION was made by Mr. Kosinski and SECONDED by Mr. Wasson to APPROVE the minutes as amended of October 25, 2011.
ROLL CALL VOTE
Ayes: Charles Murray, Ed Kosinski, Charles Wasson, William Holmes, Michael Silcott
Nays: None
THE MOTION PASSED UNANIMOUSLY
REGULAR AGENDA
PUBLIC HEARING OPENED
1.
CASE NO. BOA 2012-02 QUASI JUDICIAL
REQUEST: Consideration of a request for a variance to reduce the minimum number of required parking spaces from 17 to 10.
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LOCATION: 6360 39 th Street
QUASI – JUDICIAL
Mr. Murray – Read the rules and procedures for the Board of Adjustment.
Ms. Thrumston – Swore in staff speaking on the request before the board.
Mr. Murray – We have an unusual situation tonight as the applicants have not appeared for this hearing. It is at the discretion of the board to postpone the meeting until next month or we can consider the material before us and make a decision tonight.
PROPONENTS
None
QUESTIONS
None
OPPONENTS
None
BOARD DISCUSSION
Mr. Kosinski – I would think it would be in the best interest that the applicant be here to answer any questions the board may have. I hate to make a decision without them being here and putting what they have just based on the material. If the rest of the board wishes to proceed I will go with the rest of the board.
Mr. Holmes – I would be curious to find out why he didn’t show up. If it was a miscommunication, then he should have another opportunity to present his case.
Ms. Sheppard – I will tell you that there could have been a language problem. I did verbalize with him at the counter, and I spoke with him several times on the phone and he did receive the information, but English is not his first language.
Mr. Wasson – His sign was prominently displayed.
Mr. Silcott – Yes.
Mr. Kosinski – I mean this thing is pretty cut and dry but I think the applicant should be here.
Mr. Murray – Did anyone on the board have any specific questions they wanted to ask?
Mr. Holmes – Is there any opposition noted in the file?
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Mr. Wasson – No. I did not see any.
Ms. Kardash – One thing I will note for the board consideration too is the covenant that is listed in there as being condition five and six. We would actually rather have that appear as a condition, because it would be cheaper for the City to enforce it as a condition, because we could do it through Code Enforcement type proceedings rather than having a covenant. The Covenant would actually require us to go into court to enforce it which is phenomenally more expensive than Code Enforcement proceedings. The Covenant is fine and would be enforceable as drafted then any time they wanted to change a use in that covenant it would require a re-execution of documents as well.
What I would be recommending for the board to do is to instead of having conditions five and six as drafted in the motion, to have the language from the covenant that begins on the first page the second “WHERE AS” clause “the owner will allow the tenant spaces to be occupied as follows” with those five bullet points as listed there.
Mr. Murray – If the request should pass, how would any future violation of parking be handled?
Ms. Kardash – It would be covered by Code Enforcement proceedings, before the City board or with a local ordinance violation citation.
Mr. Kosinski – In the line of discussion; if we table this case then we would request you make these changes for the next meeting?
Ms. Sheppard – You could.
Mr. Wasson – If we didn’t table it, could we make the changes now?
Ms. Sheppard – Yes.
Mr. Kosinski – But that wouldn’t be fair to the applicant because he may have an objection to them. We are here to serve the applicant and to do what is best for all parties concerned. I think we should table this until the next meeting.
Mr. Silcott – We also need to make sure that Sheryl can make these changes. Do we need to put it in the motion that you’ll make these changes?
Ms. Sheppard – You can just ask us.
MOTION was made by Mr. Kosinski and SECONDED by Mr. Silcott to TABLE Case No. BOA 2012-02 until our next regularly scheduled BOA meeting with staff making changes to sections five and six of the findings of facts and conditions to Covenant Running with the Land to change it to Code Enforcement.
ROLL CALL VOTE
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Ayes: William Holmes, Michael Silcott, Charles Wasson, Ed Kosinski, Charles Murray
Nays: None
THE MOTION CARRIED
QUESTIONS FOR STAFF
None
NEW BUSINESS
January Agenda
Ms. Sheppard – We have one case, we have elections for Chair and Vice Chair and we have training.
Ms. Kardash – If you have something specific that you would like to be addressed in the training that is coming up, please let Sheryl or my self know, so that we can make sure we have questions ready to answer.
Mr. Holmes – What is the training about?
Ms. Kardash – Procedures and Law’s for BOA.
OLD BUSINESS
None
GENERAL BUSINESS
PUBLIC HEARING CLOSED
ADJOURNMENT
MOTION was made by Mr. Wasson and SECONDED by Mr. Silcott to ADJOURN the meeting.
Meeting adjourned at approximately 7:22 p.m.
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Charles Murray, Chairperson
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