HomeMy WebLinkAbout08231995BOA City of Sebastian
1225 MAIN STREET n SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
MINUTES
BOARD OF ADJUSTMENT
WEDNESDAY, AUGUST 23, 1995
6:30 P.M.
Mayor Firtion called the Bom'd of AdjusUnent meeting to order at 6:30 p.m.
The Pledge of Allegiance was recited.
ROLL CALL;,
City Council Present;
Mayor Arthur L. Firtion
Vice Mayor Carolyn Cotton
(6:55 p.m.)'
Mrs. Louise Cartva'ight
Mrs. Norma Damp
Mr. Rayxnond Halloran
Staff Pre.~ent;
City Manager, Joel Koford
City Attorney, Clifton cClelland, Jr.
City Clerk, Kathryn O'Halloran
Director of Commmtity Development,
Brace Cooper
Deputy City Clerk, Sally Maio
OLD .B~USINESS
Approve Minutes of July 12. 1995
MOTION by Cartwright/Hallorm~
I move to approve the tnLnutes of the July 12, 1995 meeting.
The City Attorney noted that Thrt Williams and not Mr. McClelland was in
attendance at that meeting.
ROLL CALL:
Mrs. Cartva'ight - aye
Mrs. Damp - aye
Mr. Halloran - aye
Mayor Firtion - aye
Vice Mayor Corem - aye
MOTION CARRIED 5-0
Board of Adjustment
August 23, 1995
Page Two
5. NEW BU~SINESS
PUBLIC HEARING: Edgar L. Schlitt. President of Shopping Centers. Ltd..
in_Regards to a Property_ Located all5 l 1 U.S. 1. is Requesting an
Appeal/variance~f. rom Section 20a-8,..2(13) to. Reduce the Parking
Requirements for a Dentist to Five Spaces (Otle Space for Every_ 200
Square Feet of Gross Building Are~. Whereas the Code Requi.res 15
Spaces (Ten Spacesper Doctor and Eiye Spaces per Employees~Z
Mayor Firfion opened the quasi-judicial heating at 6:34 p.m. and the City
Clerk administered an oath to those who intended to testify and noted she
had no disclosure of ex-parte conununication.
Mrs. Cartwright and Mayor Firtion disclosed that they had discussed the
application with staff.
Warren Dill, legal representation for applicant Edgar L. Schlitt, said he had
no problem with communication with staff.
The Director of Conununity Development explained the variance request to
reduce parking requkements for Dr. DiCiano mad said, at this point, he had
no recommendation.
Warren Dill presented the vari,'mce request and distributed documentation
relative to City of Sebastian, Indian River County and Vero Beach parking
requirements, a previous variance issued by the City of Sebastian for a
dentist office, and a 1992 parking study conducted by Peterson and
Votapka. He stated that City of Sebastian parking regulations for medial
offices are excessive and should be readdressed. Dr. DiCiano then
addressed City Council.
Mayor Firtion closed the quasi-judicial hearing at 7:07 p.m.
The Director of Cormnunity Development said the last amendment to
parking regulations was 1988 and lie did not disagree with Mr. Dill's
recommendation to readdress parking requirements in this area.
2
Board of Adjustment
August 23, 1995
Page Three
Discussion took place on the prior variance and the fact that 600 square feet
of its area was dedicated to storage.
TAPE I - SIDE II (7:18 p.m.)
Mrs. Cartwright suggested these types of complexes be considered "mixed
use" when determining pm'king requirements.
MOTION by Damp
I make a inotion that we grant the variance froxn 15 to six for Dr.
DiCiano.
Motion died for lack of a second.
MOTION by Cm-twright/Halloran
I move that we grant the variance with the requirements of seven
parking spaces based on two per chair and one for the employees.
ROLL CALL: Mrs. Cartwright - aye
Mrs. Dmnp - nay
Mr. Hailoran - aye
Mayor Firtion - aye
Vice Mayor Cormn - nay
MOTION CARILIED 3-2 (Damp, Cormn - nay)
6. CItAIRMAN'S MATTERS
None.
7. MEMBERS! MATTERS
None.
3
Board of Adjustment
August 23, 1995
Page Three
8. BUILDING OFFICIAL MATTERS
None.
Being no further business, Mayor Firtion adjourned the Board of
Adjustment meeting at 7:25 p.m.
Approved at the
Meeting.
,1995, Regular City Council
Arthur L. Firtion, Mayor
Katlu'yn M. O'Halloran, CMC/AAE
City Clerk
4
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
MINUTES
BOARD OF ADJUSTMENT
WEDNESDAY, AUGUST 23, 1995
6:30 P.M.
Mayor Firfion called the Board of Adjustment meeting to order at 6:30 p.m.
The Pledge of Allegiance was recited.
ROLL CALL:
Ci_ty Council Present:
Mayor Arthur L. Firtion
Vice Mayor Carolyn Corum
(6:55 p.m.)
Mrs. Louise Cartwright
Mrs. Norma Damp
Mr. Raymond Halloran
Staff Present:
City Manager, Joel Koford
City Attorney, Clifton cClelland, Jr.
City Clerk, Kafluyn O'Halloran
Director of Community Development,
Bruce Cooper
Deputy City Clerk, Sally Maio
OLD BUSINESS
Ap.move Minutes of July 12, 1995
MOTION by Cartwfight/I-Ialloran
I move to approve the minutes of the July 12, 1995 meeting.
The City Attorney noted that Tim Williams and not Mr. McClelland was in
attendance at that meeting.
ROLL CALL:
Mrs. Cartwdght - aye
Mrs. Damp - aye
Mr. Halloran - aye
Mayor Firfion - aye
Vice Mayor Corum - absent
MOTION CARRIED 4-0
Board of Adjustment
August 23, 1995
Page Two
5. NEW BUSINESS
PUBLIC HEARING: Edgar L. Schlitt, Presidem of Shopping Centers, Ltd..
in Regards to a Property_ Located at 1511 U.S. 1. is Requesting an
Appeal/variance from Section 20a-8.2(13) to Reduce the Parkine
Requirements for a Dentist to Five Spaces (One Space for Every_ 200
Square Feet of Gross Building Area). Whereas the Code Requires 15
Spaces (Ten Spaces per Doctor and Five Spaces per Employees~
Mayor Firtion opened the quasi-judicial hearing at 6:34 p.m. and the City
Clerk administered an oath to those who intended to testify and noted she
had no disclosure of ex-parte communication.
Mrs. Cartwright and Mayor Firtion disclosed that they had discussed the
application with staff.
Warren Dill, legal representation for applicant Edgar L. Schlitt, said he had
no problem with communication with staff.
The Director of Community Development explained the variance request to
reduce parking requirements for Dr. DiCiano and said, at this point, he had
no recommendation.
Warren Dill presented the variance request and distributed documentation
relative to City of Sebastian, Indian River County and Veto Beach parking
requirements, a previous variance issued by the City of Sebastian for a
dentist office, and a 1992 parking study conducted by Peterson and
Votapka. He stated that City of Sebastian parking regulations for medial
offices are excessive and should be readdressed. Dr. DiCiano then
addressed City Council.
Mayor Firtion closed the quasi-judicial hearing at 7:07 p.m.
The Director of Community Development said the last amendment to
parking regulations was 1988 and he did not disagree with Mr. Dill's
recommendation to readdress parking requirements in this area.
2
Board of Adjustment
August 23, 1995
Page Three
Discussion took place on the prior variance and the fact that 600 square feet
of its area was dedicated to storage.
TAPE I - SIDE II (7:18 p.m.)
Mrs. Cartwright suggested these types of complexes be considered "mixed
use" when determining parking requirements.
MOTION by Damp
I make a motion that we grant the variance from 15 to six for Dr.
DiCiano.
Motion died for lack of a second.
MOTION by Cartwright/Halloran
I move that we grant the variance with the requirements of seven
parking spaces based on two per chair and one for the employees.
ROLL CALL:
Mrs. Cartwright - aye
Mrs. Damp - nay
Mr. Halloran - aye
Mayor Firtion - aye
Vice Mayor Corum - nay
MOTION CARRIED 3-2 (Damp, Corum - nay)
6. CHAIRMAN'S MATTERS
None.
7. MEMBERS' MATTERS
None.
3
Board of Adjustment
August 23, 1995
Page Three
8. BUILDING OFFICIAL MATTERS
None.
Being no further business, Mayor Firtion adjourned the Board of
Adjustment meeting at 7:25 p.m.
Approved at the ~ /3
, 1995,
Arthur L. Firtion, Mayor
. O'Halloran, CMC/AAE
City Clerk
4
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
AGENDA
BOARD OF ADJUSTMENT
WEDNESDAY, AUGUST 23, 1995
6:30 P.M.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. OLD BUSINESS:
APPROVE MINUTES OF JULY 12, 1995 MEETING
5. NEW BUSINESS:
PUBLIC HEARING: EUGENE POPOW, GENERAL MANAGER OF
SEBASTIAN CENTER, LTD., IN REGARDS TO A PROPERTY LOCATED
AT 1627 U.S. 1, IS REQUESTING AN APPEAL/VARIANCE FROM
SECTION 20A-8.2(13) OF THE LAND DEVELOPMENT CODE TO
REDUCE THE PARKING REQUIREMENTS FOR A MEDICAL DOCTOR TO
3.465 SPACES (ONE SPACE FOR EVERY 200 SQUARE FEET OF
GROSS BUILDING AREA), WHEREAS THE CODE REQUIRES 15 SPACES
(TEN SPACES PER DOCTOR AND FIVE SPACES PER EMPLOYEES).
PUBLIC HEARING: EDGAR L. SCHLITT, PRESIDENT OF SHOPPING
CENTERS, LTD., IN REGARDS TO A PROPERTY LOCATED AT 1511
U.S. 1, IS REQUESTING AN APPEAL/VARIANCE FROM SECTION
20A-8.2(13) TO REDUCE THE PARKING REQUIREMENTS FOR A
DENTIST TO 5 SPACES (ONE SPACE FOR EVERY 200 SQUARE FEET
OF GROSS BUILDING AREA), WHEREAS THE CODE REQUIRES 15
SPACES (TEN SPACES PER DOCTOR AND FIVE SPACES PER
EMPLOYEES).
6. CHAIRMAN'S MATTERS
7. MEMBERS' MATTERS
8. BUILDING OFFICIAL MATTERS
9. ADJOURN
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE
BOARD OF ADJUSTMENT WITH RESPECT TO ANY MATTER CONSIDERED AT
THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE
PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF
THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY
AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105
F.S.)
City of Sebastian
1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [3 FAX (407) 589-5570
PUBLIC MEETING
CITY OF SEBASTIAN
1225 MAIN STREET
INDIAN RIVER COUNTY
FLORIDA
THE BOARD OF ADJUSTMENT OF THE CITY OF SEBASTIAN, iNDiAN
RIVER COUNTY~ FLORIDA, WILL HOLD A MEETING ON AUGUST 23,
1995, AT 6:30 P.M. IN THE CITY COUNCIL CHAMBERS.
~ATHRY}~ M. '~' H~LL~
CITY CLERK
CITY OF SEBASTIAN, FLORIDA
NOTE: ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY
THE BOARD OF ADJUSTMENT WITH RESPECT TO ANY MATTER CONSIDERED
AT THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE
P~OCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF
THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY
AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0].05
F.S.)
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA),
ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING
SHOULD CONTACT THE CITY'S ADA COORDINATOR AT (407) 589-5330
AT LEAST 48 HOURS IN ADVANCE OF THE MEETING.
City of Sebastian
1225 MAIN STREET u SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 i::::1 FAX (407) 589-5570
PUBLIC NOTICE
CITY OF SEBASTIAN
1225 MAIN STREET
INDIAN RIVER COUNTY
FLORIDA
THE BOARD OF ADJUSTMENT OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, WILL CONDUCT A PUBLIC HEARING
AUGUST 23, 1995, AT 6:30 P.M. IN THE CITY COUNCIL CHAMBERS
LOCATED AT 1225 MAIN STREET, SEBASTIAN, FLORIDA, TO CONSIDER
AN APPEAL/VARIANCE FROM SECTION 20A-8.2(13) OF THE SEBASTIAN
LAND DEVELOPMENT CODE.
EUGENE POPOW, GENERAL MANAGER OF SEBASTIAN CENTER, LTD.,
IN REGARDS TO A PROPERTY LOCATED AT 1627 U.S. 1, IS
REQUESTING AN APPEAL/VARIANCE TO REDUCE THE PARKING
REQUIREMENTS FOR A MEDICAL DOCTOR TO 3.465 SPACES (ONE SPACE
FOR EVERY 200 SQUARE FEET OF GROSS BUILDING AREA), WHEREAS
THE CODE REQUIRES 15 SPACES (TEN SPACES PER DOCTOR AND FIVE
SPACES PER EMPLOYEES).
KATHRYN M. O'HALLORAN
CITY CLERK
CITY OF SEBASTIAN
ANY PERSON WHO DECIDES TO APPEAl, ANY DECISION MADE BY THE
BOARD OF ADJUSTMENT WITH RESPECT TO ANY MATTER CONSIDERED AT
THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE
PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF
THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY
AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105
F.S.)
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA),
ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING
SHOULD CONTACT THE CITY'S ADA COORDINATOR AT (407) 589-5330
AT LEAST 48 HOURS IN ADVANCE OF THE MEETING.
PUBLISHED:
AUGUST 8, 1995
AUGUST 15, 1995
City of Sebastian
1225 MAIN STREET g SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
PUBLIC NOTICE
CITY OF SEBASTIAN
1225 MAIN STREET
INDIAN RIVER COUNTY
FLORIDA
THE BOARD OF ADJUSTMENT OF THE CITY OF SEBASTIAN, INDIAN
RIVER COUNTY, FLORIDA, WiLL CONDUCT A PUBLIC HEARING
AUGUST 23, 1995, AT 6:30 P.M. IN THE CITY COUNCIL CHAMBERS
LOCATE|) AT 1225 MAIN STREET, SEBASTIAN, FLORIDA, TO CONSIDER
AN APPEAL/VARIANCE FROM SECTION 20A-8.2(13) OF THE SEBASTIAN
LAND DEVELOPMENT CODE.
EDGAR L. SCHLITT, PRESIDENT OF SHOPPING CENTERS, LTD., IN
REGARDS TO A PROPERTY LOCATED AT 1511 U.S. 1, IS REQUESTING
AN APPEAL/VARIANCE TO REDUCE THE PARKING REQUIREMENTS FOR A
DENTIST TO 5 SPACES (ONE SPACE FOR EVERY 200 SQUARE FEET OF
GROSS BUILDING AREA), WBEREAS THE CODE REQUIRES 15 SPACES
(TEN SPACES PER DOCTOR AND FIVE SPACES PER EMPLOYEES).
KATHRYN M. O'HALLORAN
CITY CLERK
CITY OF SEBASTIAN
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE
BOARD OF ADJUSTMENT WITH RESPECT TO ANY MATTER CONSIDERED AT
THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE
PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF
THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY
AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105
F.S.)
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA),
ANYONE WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING
SHOULD CONTACT THE CITY'S ADA COORDINATOR AT (407) 589-5330
AT LEAST 48 HOURS IN ADVANCE OF THE MEETING.
PUBLISHED:
AUGUST 8, 1995
AUGUST 15, 1995
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
MINUTES
BOARD OF ADJUSTMENT
WEDNESDAY, AUGUST 23, 1995
6:30 P.M.
Mayor Firtion called the Board of Adjustment meeting to order at 6:30 p.m.
The Pledge of Allegiance was recited.
ROLL CALL;
City Council Present:
Mayor Arthur L. Firtion
Vice Mayor Carolyn Corem
(6:55 p.m.)
Mrs. Louise Cartwright
Mrs. Norma Damp
Mr. Raymond Halloran
Staff Present:
City Manager, Joel Koford
City Attorney, Clifton cClelland, jr.
City Clerk, Katlu3,n O'Halloran
Director of Community Development,
Bruce Cooper
Deputy City Clerk, Sally Maio
OLD BUSINESS
Approve Minutes of July 12, 1995
MOTION by Cartwright/Halloran
I move to approve the minutes of the July 12, 1995 meeting.
The City Attorney noted that Tim Williams and not Mr. McClelland was in
attendance at that meeting.
ROLL CALL:
Mrs. Cartwfight - aye
Mrs. Damp - aye
Mr. Halloran - aye
Mayor Firtion - aye
Vice Mayor Corum - aye
MOTION CARRIED 5-0
Board of Adjustment
August 23, 1995
Page Two
5. NEW BUSINESS
PUBLIC HEARING: Edgar L. Schlitt. President of Shopping Centers, Ltd.,
in Regards to a Property. Located at 1511 U.S. 1, is Requesting an
Appeal/variance from Section 20a-8.2(13) to Reduce the Parking
Requirements for a Dentist to Five Spaces (One Space for Every. 200
5..quare Feet of Gross Building Area). Whereas the Code Requires 15
Spaces (Ten Spaces per Doctor and Five Spaces per Employees).
Mayor Firtion opened the quasi-judicial hearing at 6:34 p.m. and the City
Clerk administered an oath to those who intended to testify and noted she
had no disclosure of ex-parte communication.
Mrs. Cartwright and Mayor Firtion disclosed that they had discussed the
application with staff.
Warren Dill, legal representation for applicant Edgar L. Schlitt, said he had
no problem with communication with staff.
The Director of Community Development explained the variance request to
reduce parking requirements for Dr. DiCiano and said, at this point, he had
no recommendation.
Warren Dill presented the variance request and distributed documentation
relative to City of Sebastian, Indian River County and Veto Beach parking
requirements, a previous variance issued by the City of Sebastian for a
dentist office, and a 1992 parking study conducted by Peterson and
Votapka. He stated that City of Sebastian parking regulations for medial
offices are excessive and should be readdressed. Dr. DiCiano then
addressed City Council.
Mayor Firtion closed the quasi-judicial heating at 7:07 p.m.
The Director of Community Development said the last amendment to
parking regulations was 1988 and he did not disagree with Mr. Dill's
recommendation to readdress parking requirements in this area.
2
Board of Adjustment
August 23, 1995
Page Three
Discussion took place on the prior variance and the fact that 600 square feet
of its area was dedicated to storage.
TAPE I - SiDE II (7:18 p.m.)
Mrs. Cartwright suggested these tYpes of complexes be considered "mixed
use" when determining parking requirements.
MOTION by Damp
I make a motion that we grant the variance from 15 to six for Dr.
DiCiano.
Motion died for lack of a second.
MOTION by Cartwright/Halloran
I move that we grant the variance with the requirements of seven
parking spaces based on two per chair and one for the employees.
ROLL CALL:
Mrs. Cartwright - aye
Mrs. Damp - nay
Mr. Halloran - aye
Mayor Firtion - aye
Vice Mayor Corum - nay
MOTION CARRIED 3-2 (Damp, Corum - nay)
6. CHAIRMAN'S MATTERS
None.
7. MEMBERS' MATTERS
None.
3
Board of Adjustment
August 23, 1995
Page Three
8. BUILDING OFFICIAL MATTERS
None.
Being no further business, Mayor Firfion adjourned the Board of
Adjustment meeting at 7:25 p.m.
Approved at the
Meeting.
., 1995, Regular City Council
Arthur L. Firtion, Mayor
Kathryn M. O'Halloran, CMC/AAE
City Clerk
4
City of Sebastian
1225 MAIN STREET [] SEBASTIAN, FLORIDA 32958
TELEPHONE (407) 589-5330 [] FAX (407) 589-5570
AGENDA
BOARD OF ADJUSTMENT
WEDNESDAY, AUGUST 23, 1995
6:30 P.M.
1. CALL TO ORDER
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. OLD BUSINESS:
APPROVE MINUTES OF JULY 3.2, i{.995 MEETING
NEW BUSINESS:
PUBLIC HEARING: EUGENE '~I?OW,~L MANAGER
~-~~~R, LTD., I~ARDS TO a.~OPER~Y LOCATED
taT 1627 U.S.' 1, IS REQU~-'I~N~AN APPEAL/VARIANCE FROM
;SECTION 20A-8.2(13) J~"~THE LA.DEVELOPMENT CODE TO
~EDUCE THE ,PAR~n~EMENTS ~ A MEDICAL ~TOR TO
~.465 SPACES ~E SPACE ~R E~RY ~0 SQUARE FEE~ OF
/GSOSS ~~hs T~-~ co~.~Q~.~s ~ SPACES
~(~EN S ER EMPLOYEES).
PUBLIC HEARING: EDGAR L. SCHLITT, PRESIDENT OF SHOPPING
CENTERS, LTD., IN REGARDS TO A PROPERTY LOCATED AT 1511
U,S. 1, IS REQUESTING AN APPEAL/VARIANCE FROM SECTION
20A-8.2(13) TO REDUCE THE PARKING REQUIREMENTS FOR A
DENTIST TO 5 SPACES (ONE SPACE FOR EVERY 200 SQUARE FEET
OF GROSS BUILDING AREA), WHEREAS THE CODE REQUIRES 15
SPACES (TEN. SPACES PER DOCTOR AND FIVE SPACES PER
EMPLOYEES).
6. CHAIRMAN'S MATTERS
7. MEMBERS' MATTERS
8. BUILDING OFFICIAL MATTERS
9. ADJOURN
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE
BOARD OF ADJUSTMENT WITH RESPECT TO ANY MATTER CONSIDERED AT
THIS MEETING (OR HEARING) WILL NEED A RECORD OF THE
PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF
THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY
AND EVIDENCE UPON WHICH THE APPEAL IS TO BE HEARD. (286.0105
F.S.)