HomeMy WebLinkAbout2002 11 25 Regular B Non-Conforming Pole Sign
COMMISSION AGENDA
ITEM B
CONSENT
INFORMATIONAL
PUBLIC HEARING
REGULAR X
November 25.2002
Meeting
MGR.~ /DEFT ~
Authorization
REQUEST: The Community Development Department recommends the City Commission
hear a request by Thomas Binford for a variance from Section 20-486 of the City Code of
Ordinances, to allow an existing non-conforming pole sign to remain within the SR 434
Redevelopment Overlay Zoning District beyond the November 14, 2002, amortization
deadline.
PURPOSE: The purpose of this agenda item is to consider a request by Thomas Binford for
a variance from Section 20-486 of the City Code of Ordinances to allow his existing non-
conforming pole sign to remain in the front of his business at 426 East SR 434 beyond the
November 14,2002, amortization deadline. Mr. Binford believes that the cost 6fremoving and
rebuilding the sign constitutes a hardship.
APPLICABLE CODE:
Sec. 20-82. Duties and Powers; general.
The Board of Adjustment shall make recommendations to the City Commission to
grant any variance or special exception as delineated in this chapter.
(I) The board of adjustment shall have the additional following specific powers
and duties:
a.
b.
c. To recommend upon appeal such variance from the terms of this
chapter as will not be contrary to the public interest where, owing to
special conditions, a literal enforcement of the provisions of this
chapter will result in unnecessary and undue hardship. In order to
November 25,2002
Regular Item B
Page 2
recommend any variance from the terms of this chapter, the board of
adjustment must and shall fmd:
I. That special conditions and circumstances exist which are
peculiar to the land, structure or building and which are not
applicable to other lands, structures or buildings in the same
zoning district;
2. That the special conditions and circumstances do not result from
the actions of the applicant;
3. That granting the variance requested will not confer on the
applicant any special privilege that is denied by this chapter to
other lands, buildings or structures in the same zoning district;
4. That literal interpretation of the provisions of this chapter would
deprive the applicant of rights commonly enjoyed by other
properties in the same zoning district under the terms of this
chapter and would work unnecessary hardship on the applicant;
5. That the variance granted is the minimum variance that will
make possible the reasonable use of the land, building or
structure;
6. That the grant of the variance will be in harmony with the
general intent and purpose of this chapter, will not be injurious to
the neighborhood, or otherwise detrimental to the public welfare.
(2) In recommending the granting of any variance, the board of adjustment may
recommend appropriate conditions and safeguards. Violations of such
conditions and safeguards, when made part of the terms under which the
variance is granted, shall be deemed a violation of the chapter. The board
of adjustment may recommend a reasonable time limit within which the
action for which the variance is required shall be begun or completed, or
both.
Sec. 20-103. Restrictions upon lands, buildings and structures.
(c) Percentage of occupancy (lot). No building or structure shall be erected... nor shall any
open space surrounding any building or structure be encroached upon or reduced in any
manner except in conformance with the building site requirements ... for the district in which
such building or structure is located.
November 25, 2002
Regular Item B
Page 3
Sec. 20-486. Signs.
All signs and sign elements, including shape, form, lighting, materials, size, color and location
shall be subject to approval by the design review board if such signs or sign elements are
visible from adjacent properties or a street right-of-way.
(1) Ground mounted multi-tenant or project identification sign: For each multi-tenant
development under separate ownership, one (1) wide-based monument style permanent sign
with landscaped base identifying the name of the development and businesses within the
development shall be permitted. For development with five hundred (500) feet of frontage or
more on a major road, one additional sign may be permitted. The minimum separation for all
signs on an individual ownership parcel shall be two hundred (200) feet and:
a. Shall only advertise the name of the commercial development companies, corporation
or major enterprises within the commercial development. The primary address of the
building shall be incorporated into the sign with numerals/letters a minimum of eight
(8) inches in height, but the address shall not be counted against allowable copy area.
b. Shall be located no closer than ten (10) feet from front, side, or rear property lines.
c. Shall have a maximum of two (2) faces.
d. Shall be consistent in design, format and materials with the architecture of the proposed
building( s).
e. A wall sign shall not be higher than eight (8) feet above the closest vehicular use area.
f Landscaping shall be incorporated around the base to include low growing shrubs and
ground cover and/or annuals to promote color.
g. Signs shall be in accordance with the following schedule:
Building Size Maximum Copy Area
(Gross Floor Area)
Under 75,000 SF 32 SF
Maximum Height
12 feet
(2) Ground mounted single-tenant identification sign: One (1) wide-based monument style
permanent project identification sign shall be permitted per single-tenant parcel. One
additional permanent wide-based monument style project identification sign may be permitted
for parcels in excess of one (1) acre with more than one (1) ingress/egress serving more than
one (I) building. The minimum separation for all signs on an individual ownership parcel
shall be two hundred (200) feet.
a. Shall only advertise one (I) person, firm, company, corporation or major enterprise
occupying the premises.
b. Shall be located no closer than ten (10) feet from the front, side or rear property lines.
c. Shall not exceed two (2) faces.
d. Sign copy area shall not exceed thirty-two (32) square feet per face. For parcels in
excess of four (4.0) acres, the project identification sign face may be increased to forty-
eight (48) square feet.
e. Shall be consistent in design, format and materials with the architecture of the proposed
building.
November 25, 2002
Regular Item B
Page 4
f The sign shall not be more than eight (8) feet in height above the closest driveway or
vehicular use area.
g. Signs shall be in an enclosed base a minimum width of two-thirds (2/3) the width of the
sign. Landscaping shall be incorporated around the base to include low growing shrubs
and ground cover and/or annuals to promote color.
Ordinance No. 2000-17 (please see attached)
CONSIDERATIONS:
On November 10, 1997, the City Commission adopted Ordinance No. 683,
which, among other things, created the SR 434 Redevelopment Overlay Zoning
District. It also set forth standards for signage and provided a 5-year maximum
amortization period for signs that were not in compliance with the new
standards. On June 12,2000, the City Commission adopted Ordinance No.
2000-17, which provided that any sign, other than a billboard, could be
amortized and maintained until November 14,2002. At or prior to November
14,2002, all nonconforming signs must be removed and may be replaced with
signs that conform to the design standards set forth in the S.R. 434
Redevelopment regulations. All directly affected property owners were notified
at or about the time Ordinance No. 2000-17 was adopted.
As a reminder of the up-coming deadline, on July 26, 2002, Community
Development Director Charles Carrington sent each property owner with a sign
in either of the SR 434 districts.
The subject site has C-l Zoning, a Commercial Future Land Use designation,
and is located within the SR 434 Redevelopment Overlay Zoning District. Mr.
Binford operates a business at the site.
The Board of Adjustment did not find that the request met any of the variance
criteria and voted to recommend that the variance request be denied.
FINDINGS:
1). The subject site, 426 East SR 434, is located within the C-l zoning district,
the Commercial Future Land Use designation, and the SR 434 Redevelopment
Overlay Zoning District.
2).The SR 434 Redevelopment Overlay Zoning District sign standards have
been in effect since November 10, 1997, with the adoption of Ordinance No.
683.
3). On June 12,2000, Ordinance No. 2000-17 amended the amortization
deadline set forth in Ordinance No. 683 and set forth a November 14,2002,
deadline for existing non-conforming signs to be removed and replaced with
signs that conform to Code.
November 25, 2002
Regular Item B
Page 5
4).On or about September 18,2002, the variance application was received by
the City.
5).The Board of Adjustment was required by Code to find that the variance
request meets all six variance criteria, set forth in Subsection 20-82 (I) (c), in
order to recommend approval.
6). Staff does not find that the variance meets the six criteria for a variance:
1. there are no conditions or circumstances peculiar to the land,
structure, or buildings which are not applicable to other lands,
structures, or buildings in the same SR 434 Redevelopment Overlay
Zoning district;
2. special conditions and circumstances, if they exist, are the result of
the applicant;
3. granting the variance requested would convey on the applicant
special privileges that is denied by this chapter to other lands,
buildings or structures in the same overlay zoning district;
4. a literal interpretation of the provisions of this chapter would not
deprive the applicant of rights commonly enjoyed by other
properties in the same overlay zoning district under the terms of
this chapter and would not work an unnecessary hardship on the
applicant;
5. the variance requested is not the minimum variance that will make
possible the reasonable use of the land, building or structure; and
6. granting the variance requested would not be in harmony with the
general intent and purpose of this chapter and would undermine the
Code, which could be injurious to the neighborhood, or otherwise
detrimental to the public welfare.
7). A financial hardship does not constitute a hardship in terms of granting a
vanance.
8). At its October 23, 2002, meeting, the City of Winter Springs Board of
Adjustment made a finding that the request did not meet any of the 6 variance
criteria and voted to recommend that the City Commission deny the variance
request.
BOARD OF ADJUSTMENT:
At its October 23, 2002, meeting, the Board of Adjustment made a finding that the variance
request did not meet any of the 6 variance criteria set forth in Section 20-82 of the City Code of
Ordinances and voted to recommend that the City Commission deny the variance request.
November 25, 2002
Regular Item B
Page 6
RECOMMENDATION:
The Board of Adjustment and Staff recommend that the City Commission deny the variance
request pursuant to the six variance criteria set forth in Subsection 20-82 (1) (c) of the City
Code of Ordinances.
ATTACHMENTS:
A - Ordinance No. 2000-17
B - Variance application & map
C ~ July 26, 2002, Charles Carrington letter
D - Occupational license information
E - Draft BOA minutes
COMMISSION ACTION:
't "
ATTACHMENT A
..f
ORDINANCE NO. 2000-17
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA AMENDING THE
CITY OF WINTER SPRINGS CODE OF ORDINANCES,
SECTION 20-466 AND SECTION 20-454 DEALING WITH
SIGNS ALONG S.R434; PROVIDING FOR THE REPEAL OF
PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS; PROVIDING FOR INCORPORATION INTO
THE CODE; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of Winter Springs created a special overlay zoning district
to encourage and provide for enhanced property development within the S.R. 434. commercial
corridor, and
WHEREAS, the City Commission of Winter Springs desired to reduce visual distraction
through uniform sign criteria, and
WHEREAS, The City Commission of Winter Springs recognizes that existing businesse~
within the overlay.district may have nonconfonning signs whose replacement may impose a financiaf
hardship, and
WHEREAS, the City Commission however, finds that nonconforming signs are not favored.
by law and shall, within a reasonable time proscribed herein, be amortized, removed, and replaced
with a new sign conforming to existing city codes,
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS
HEREBY ORDAINS, AS FOLLOWS:
Section 1. Winter Springs Code Section 20-454 and 20-466 are hereby amended as follows:
(underlined type indicates additions and strikeout type indicates deletions, while asterisks (* * *)
indicate a deletion from the Ordinance of text existing in Section 20-454 and Section 20-466. It is
intended that the text in Section 454 and Section 20-466 denoted by the asterisks and set forth in this
'Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance).
Section 20-454 Signs.
* * *
~___ _..__._.____0 _.__..,-....-__ _~_ _ ___._____
(r) Nonconforming Signs.
(I) Any sign, other than billboards, ha-viflg-&fH} AgtAal cost in c}(cess of one hundred
E$-WGt-deltaFS-afld which is nonconforming as to peffiliHe4-sign area or any-ether reaSOR
whieR-we\:lId-neocssitate the-oomf}lete remeval-Bf-tetaHe~laeemef\t of the sign, shall be
amortized and maybe maintained until November 14.2002 .a-peFied offrom-enc(l) to
City of Willtc( Sprillgs OrdillllllcC No. 2000.17
I'ngc I 01'4
~j
2
t+ve-(-B-YeaFs fr-em-tAc effectivc dutc of these-eesigtHtafldar-tis. =f-AC term of-ycurs to be
det:effH ifl ed-e y--ffie-oost-ef-t~'l(~-Sigtt-eF---ef-reA€Wat-iEHl~Aeh:l Eltng-lflStallati on, sha II be as
fellews-:-
GFiginal Sign co5t-er
Renevatten Cost
Permittcd Y cars from
Effectivc gatc of Design Standards
$0 $3,000
~Ol $10,000
Ovcr $10,000
2
3
5
(2) Any owner of a sign who desires to rely upon an amortization period longer than
three(3) years shall file with the City ....lithin one (I) year from the effective date of .
these design standards, a statement setting forth the cost and date of the most recent
reno't'ation, and a vmtten agreement to remove or bring into oonformanoe the
nonconforming sign at or prior to the expimtion of the amortization periodapplioable
te-tflat sign. The maximum period to amortize a sign shall be five (5) years.
At or prior to November 14. 2002~ all nonconforming signs shall be removed and
may be replaced with signs that conform to the design standards set forth in the S.R
434 New Development regulations.
\\
(3) Violations shall be subject to .Chapter 2, Article 3. Division 2 Code Enforcement,
City of Winter Springs Code of Ordinances.
Section 20-466 Signs
* * *
( r) Nonconforming Signs.
( 1 ) Any sign, other than billboards, having an original cost in excess of one hundred
($100) dollars and which is nonconforming as to permitted sign area or any other reason
which would necessitate the oomplete removal or replaoement of the sign, shall be
amortized and may be maintained until November 14. 2002. a period offrom one (1) to
five (5) years from the effective date of these design standards. The term of years to be
determined by the oost of the sign or of renovation, inclHding installation cost, shall be
as-fultews-:-
Cily or Wi Iller Sprillgs Ordillnllcc No. 2000-17
I'ngc 2 or 4
, I
:'"
....
.'
Gflgffial--Sign cos tor
RenovatieA-Gest
PemtiHed Years from
Effectiv~ate of Design Standards
$0 to $3,000
$3,001 to $10,000
Over $10,000
2
3
5
(2)' Any o.....ner of a sign who desires to rclay upon an amortization period longer than
three (3) years shall file with the City ...lithin one (I) year from the effective~ate ofthcse
design standards, a statement setting forth the cost and date of the most recent
renovation, and a written agreement to remove or bring into conformance the
nonconforming sign at or prior to the expimtioA of the amortization period applicable to
that sign. The maximum period to amortize a sign shall be five (5) yeaFS:-
At or prior to November 14.2002. all nonconforming signs shall be removed and
may be replaced with signs that conform to the design standards set forth in the S.R
434 Redevelopment regulations.
(3) Violations shall be subject to Chapter 2. Article 3. Division 2. Code Enfor(;ement.
City of Winter Springs Code of Ordinances.
Section 2. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent.
ordinances and resolutions adopted by the City Commission., or parts of ordinances and. resol~ti9ns ...
in conflict herewith, are hereby repealed to the extent of the conflict.
Section 3. Incorporation Into Code. This ordinance shall be incorporated into the Winter
Springs City Code and any section or paragraph number or letter and any heading may be changed
or modified as necessary to effectuate the foregoing.
Section 4. Severability. Ifany section, subsection, sentence. cla~se, phrase, word or provision
of this ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, whether for substantive, procedural, or any other reason. such portion shall be deemed
a separate, distinct and independent provision, and such holding shall not affect the validity of the
remaining portions of this ordinance.
Section 5. Effective Date. This Ordinance shall become effective immediately upon adoption
by the City Commission of the City of Winter Springs, Florida.
Cily or Will(cr Springs Ordinance No. 211110-17
('age.: J or 4
. .
. .
.,;
4
ADOPTED by the City Commission of the City of Winter Springs. Florida, in a regular
meeting assembled on the E""- day of June \Jmo
Paul P. Partyka, Mayor
ATTEST:
APPROVED AS TO LEGAL FORM AND SUFFICIENCY
F~Y ~F~:mER SPRINGS ONLY:
t.' l-~.. .,'. ..
Anthony A. Garganese, City Attorney
First Reading:
Second Reading:
Effective Date:
City of Willlcr Sprillgs OrdillRlIcc No. 2000-17
I'ngc 4 of 4
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the City Council, file an appeal with a COUl."t of competent
jUl."isdiction over the subject matter~
...---.
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ATTACHMENT B
.......
POR:
,BOARD OF ADJUSTMENT APPLICATION
CITY OF WINTER SPRINGS
1126 EAST S~ATE ROAD 434
I-IINTER'SPRINGS, FL 32708-2799
. (407 )327-1800 R~ECERVEO
SEP 1 C 2002
SPECIAL EXCEPT10N
VARIANCE
'CONDITIONAL USE
ADMINISTRATIVE DECISION
CITY OP V\'INTEi~ SPRINGS
Commlm1ly Development
x
1.
---.--:-;-
APPLICANT: /Hor"1,f-$ /1. E,N4dV ':"'PHONE407-3.27-(:7I~
ADDRES~: 4-~G,.'/::;-'HLVY, ~3'1.- trJl".j~ ~,.d"e'/~'~ ,r~. :7'2708
's.J~J' 'L'~c..r<=l~ :
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2
3,
4,
ATTACH A COPX OF THE PARCEL SURVEY.
ATTACH AN 11 X 17 MAP SHOWING THE SUBJECT PROPERTY AND
SURROUNDING PARCELS.
ATTACH LEGAL' DESCRIPTION.
TAX, PARCEL ~DENTIFICATION NUMBE{{:' 3'<1 -2.0 ..:,.6'- 5nB - 0800 -O<:JZO
s.
6,
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7. LOCATION 'OF PARCEL (Stl."eet Addres's 'and/or ,:Nearest Cross
Stl."eets): 't2G:> G: HLVY 'i 3''1
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8. PRESENT ZONING:Co,.,........c'c,-1"L /Zt'-'7~". FUTURE ,LAND USE: cO....,,.,~C/,.ffL
"
By Signing below' I, u'ndel."stand that City of Wintel." Springs Officials
may enter upon my property to inspect that pOl."tion. as I."elates to
this application:
(If the applicant is not the owner of the subject pl."operty, the
applicant must' attach a lettel." of authpdzation signed by the
owner) ,
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OWNER-PLE SE TYPE
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ATTACHMENT C
CITY OF WINTER SPRINGS, FLORIDA
-_.----~,. .-....- -'-"'--- '........---.-----
, 126 EAST STATE ROAD 434
WINTER SPRINGS. FLORIDA 32708-2799
Telephone (407) 327-1800
Fax (.tOl} 327-0018
Community Development
July 26, 2002
Business OwnerslProperty Owners
S.R. 434
Winter Springs, FL 32708
Dear Business Owner/Property Owner,
The City Commission on June 12, 2000 passed Ordinance number 2000-17 requiring all
signs along S.R. 434 to comply with the S.R. 434 Development and Redevelopment
Overlay Districts. Business and property owners were awarded a grace period for
compliance until November \4, 2002.
Business and property Qwners were given a first notice of the ordinance change
July 25, 2000. This correspondence is to again notify you that the grace period ends
November 14,2002 and all signs must conform to the sign code. A copy of Ordinance
number 2000-17 is enclosed.
Any sign that fails to conform after November 14, 2002 will be subject to Code
Enforcement action and possible fine. If you have questions you may call John Baker, at
(407) 327-5966.
.\
Sincerely,
L6---~
Charles C. Carrington, AICP
Community Development Director
ATTACHMENT D
"",'.'
ATTACHMENT E
11/e6/2882 11:27
11:173274755
W.LNI~ :::;I-'I'l!Nu~ !jLlJUI-'I
"'~\;l~ t:J.c:
UNAPPROVED
L CALL TO ORDER
Board Member Thomas Waters caUed the R gular Meeting to order Wednesday. October
23, 2002 (originally scbeduled for Octo 3, 2002), at 7:01 p.ol. in the Commission
Chambers of the Municipal Building (Ci HaU. 1126 East State R.oad 434 Winter
Springs, Florida 32708). '
RoD CaD:
Board Member Gary Diller, present
Board Member John He:rbel1, present
Board Member Jack Taylor. present
Board Member Thomas Waters, present
The Pledge of Allegiance followed.
II. CONSENT
CONSENT
A. A rovaJ Of The Au st 1, 2001 Regu
MiQutes.
Board Member WMers asked) wDo I have a Motion to approve the Minutes of August
t1.~"
MOTION BY BOARD MEMBER TAYL
MEMBER HERBERT. DISCUSSION.
THE MOTION WAS APPROVED.
~OTlO~. CARRIED.
R.. "YES." SECONDED BY BOARD
TH CONSENSUS OF THE BOARD,
ill. REGULAR AGENDA
ltJtGULAll
. A. Centex Home. Of Florida Request! Variance From The RequlrenteDts Of
Section 9--:%41. or The City Code Of Ord. &Dee$, The Pre.Development ADd Post...
DevtloplIleDt Storm-Water ADd/Or Floo water Volume And Rate Requirements
For Storm-Water And/Or Floodwater anagemel1t For New Developments.
Wapcl:"s Curve Townhouse And Commc ciaI Development Along State Road 434,
Just North ADd West OrThe Post Office S rm-Water Pond.
Parcel ID # 26-1o-.3o-~AR-ODOO-018C ADd 6-2()"30...5AR,-ODOO-0200
G0'd
I~S 17G~ 1.017
l~l.S 17G~ 1.017
SS:171 G00G-90-~ON
--- ..,.:.
"''''I''ill;.l'<. o:Jr /";1'Il;l;;l .DLlJur I
C1tr 01' WtrfreR. ~mGS
~
BO~ 0' A.D1VStMEN'r
R.E<iUJ.AA MJ3IfJTh1G - OCTOJJJ3I. 23, 2002
. '.oh"..'...!.... ,~- ,jj:.r"tP,~fJ.1..~'UL2J) FOR. OC'TOBEJU, 200;1)
PAGJU OP 7
Mr. John Baker~ Current Planning Coordi tor, Community Development Department.
introduced Ms. Kimberly Hall, former Ci Engineer! Stonnwater Utility Manager. who
presented thi5 Agenda Item..
Ms. Ki11l.berly Hall, Engineering Consultant, Avid Engineering Inc., 7208 West Sand Lake
Road, Orlando, Florida: state~ ''In the p we have not been having people meet this
Code. We have bad them write a letter pro ing that they are not discharging into an area
that is known flooding and just state they sh uld not have to. The Code also is consistent
with the practices ofllie Water Management istrictJ which is also in our Code. That is a
requirement of OUt Stormwater pennitting p cess for engineering. They do meet that so
I .am recommending that Cent~ does not ve to meet the Stormwater V olwne Metric
Codes. But they do have to meet the prep st quantity codes Which j1l8t limits the rates
that they discharge but not the volume."
Board Member Jack Taylor asked. '1f approve this, these stipulations that she
mentioned, are they all covered if we just gi e approval for it? Or is that in paragraph 3).
here on tbe findings? I guess it is not really 'pulated is it?'J Ms. Hall stated, ''They still
have to meet the standard Codes, both thro . Us and the Water Management District.
The main one being that we Iinrit your pr ost quantity whicb is the rate, how fast it
leaves your site. They do need that." oud Member Taylor stated. "And that is
covered?)l Ms. Hall stated, "That is in the Code with us and the Water Management
District, yes!J
MOTION BY BOARD MEMBER TA OR. "I WILL MAKE A MOTION TO
RECOMMEND A:PrR.OV AL OF THIS GENDA ITEM AND PASS ALONG TO
1lfE WINTER SPRINGS COMMl SJON FOR FINAL APPROVAL."
SECONDED. DISCUSSION,
VOTE:
BOARD MEMBER HERBERT: AYE
BOARD MEMBER TAYLOR: AYE
BOARD MEMBER WATERS: AYE
BOARD MEMBER DILLER: AYE
MOTION C.AlUUEA
lU:GtILAR
B. M.A. Garcia Requests A Variance Fr m The Requirements Of SectiODs 9-147.,
9-157., ~221., ADd '-223. 01 The City de 01 OrdillaDces To Allow A Private
Roadway To Be Constructed Twelve F (1:2') Wide Without CUrb, Gutter, Or
Sidewalk At Tusca\'rilla Unit 5 And Tract ' A" Of Oak Forest Unit I.
Parcel m # U-l1-30-S01-0AOO-OOOO
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CITY Of \VJN'1'ER. SPRINGS
J.tOO.TJ'P.S
BOARD (# ADltI$.'n:m'tt'
lUlOULAR. MBlmNO ~ 0CT08ER.2J, 2002
(ORlOINAll Y &CHP..DULED POR OCTOBER. 3, 20(1)
. ~~!~1
Mr. Baker ~duced the Agenda Item. and advised the Board that the City Commission
"Already looked at this issue" and "They - think that this did meet the intent of the
Code".
Mr. John Sy~. Rocket &: Associates, 303 Mercy Drive, Orlando. Florida: spoke on
behalf of Mr.Garcia; clarified the exact 10 ation of the roadway; stated that ''Pire and
Safety'" requested the upsizing of the ro way to twelve feet (12t) to provide for
aecess;bility; and advised Board Members at uAll of the property owners have given
written peimission to Mr. Garcia to do this r ad".
Mr. Milce. Reynolds, 1052 Chokedzeny rivo, Winter Springs. Florida: addressed
floodilJ.g issues resulting from tbe altering 0 the roadway. and stated, "1 have lived at this
. property for going on sixteen (16) years an X have never h8d a flooding problem until
nOW'. It
Mr. Baker informed the Boaro, ('The issue' front ofus tonight is the roadway width. the
curbing, and the sidewalk. The engineering issues are being hancUed. separately. This is
not a Site Plall or Subdivision Review M 'g. So ~ that is not an issue here tonight"
Mr. Christopher Dunlap. 1 OS 4 Ch.okeclte Drive, Winter Spring3, Flon'da: stated, '1
share the same concerns as Mr. Reynolds." Mr. Dunlap also stated he did not receive
notice of the Meeting, and questioned if ther was an 44 Analysis" done.
. Mr. Sykes stated. ''It is being reviewed by State in teuns of all those parameters that
were in your notebook, for engineering. We would be happy to meet with those: owners
and show them exactly wha.t we propose, t with them. on the site, go out there and
show them the total program - meet with e City Engineer at the same tim.e. I was
unaware of any drainage problems. We e not creating or mitigating any dra.inage
situation. we are just simply utilizing it ag it i . We meet all the rules in my opinion."
Board Member Taylor said, '1 would like to make sure' that - we reiterate the flooding
problem to the City. And make sure that so ebody goes out and takes a look at it, talks
to the two (2) homeowner! that took the tUn to come tonight, and voice their opUlion. '"
Mr. Baker stated, "1 can prepare a report' the morning to Mr. Kip Lockeuff [Public
WorlcslUtility Departm~t Director] and ha something to report back to you in your
next Agenda Packet to let you know that . dUel I have followed up on that." Board
Member Taylor requested of the Offioe of e City Clerk to ~'Mention tho names and
. addresses as they appear in the Minutes of the two (2) residents that came out."
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CITY OF WINTER. sri'uNc;s
MJN1.I'mS
SOARD 011 ADJlJS1'MENT
JU;(;t.1L\Jt. MEElTNO - OCTOBBR :13. 2002
(OIUGtNAU,V SCHBDULED FOR 0ct09E.R, 3.1002)
fA0E40F7
The Board discussed advertising requirem ts, Board Member Taylor ~ 'cnid we
advertise it [Meeting]?" Mr. Baker stat ~'Yes sir we did - the properties witl:rln One
hundred-fifty feet (150')~ and it was also an in the paper."
Board Member Taylor suggested to "Put decision off for thirty (30) days and in the
meantime, somebody could address this flooding problem. and come back to the
homeowners with some rationale as to why, r bow. or when. or what the City is plamJing
on doing"~ Mr. Baker suggested to ''Bring . s back the first Thursday in November".
Tape lJSide B
Discussion.
MOTION BY BOARD ME1\(8ER TA OR. "I MAKE A MOTION THAT WE
DELAY, UNTIL THE NEXT ScB:ED ED MEETING, ANY DECISION ON
THIS AGENDA ITEM TO ALLOW T CITY TO ADDRESS THE FLOODING
ISSUES THAT C'tIRRENTLY AFFEC S THE ADJACENI HOMEOWNERS."
SECONDED BY BOARD MEMBER D . ER. DISCUSSION.
VOTE:
BOARD MEMBER HERBERT: AYE
BOARD MEMBER TAYLOR: AYE
BOARD MEMBER WATERS: AYE
BOARD MEMBER DILLER: AYE
MOTION CARRIED.
Board Member Wt1le7$ reces$ed the Meeting t 7:56p.m.
The Meeting recbnvened at 8:02 p. m.
IlIGtltA1l
C. TA.- Binford Requesu A Variuce F m The R"luirelllentB Of Section 20-486.
01 The City Code or Ordinances To All w.An Exlsdng NOll-Conforming Sip To
.aemain Beyond The NOYernber 14, 2002, mortizJdlon Deadline.
Parte) ID # 34-20-30..508-0800-0020
Mr" Baker .presented the Agenda Item and stated, "Staff haa examined this Variance
request and determines that the request does ot meet any of the six (6) Variance criteria,
and seven (7), a financial hardship does not nstitute a hardship in tenns of granting the
Variance." Mr. Baker stated furthert "Ireco denial unless the applicant ~ clearly
demonstrate c::onsistency with all six (6) of e criteria. And I would ask that yon go
rhrough each and every one of those six (6) riteria in making your decision) and tell if
you feel that it meets that particular criteria"
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MINutes
JIOAIlD Oil' Al>>t.1snflNT
~M2rnNG- OCTOBER 23, 200,%
(ORlOl'NALL V SCHlm\1'LED PeR OC'fOBPA .1. 2002)
PACmSOF1
Mr, To", Binford, 704 Chicopee Trail, M itla1Jd. F/on'da.- stated, 'U I were to remove
this si8nt I think it would oause great mcon enience fOt my customers and likewise caUae
me undue financial hatdship cause the 10 of business." Mr. Binford also spoke of
having to remove trees and losing parkin Spaces if his sign has to be removed and
replaced.
Mr. Binford read a letter of support from . Melton 1. Smallwood for the record, and
distributed a copy to the Office of the City lerk
Mr. Binford asked, "If I have to move my s gn back, r think: I have to move it back three '
feet (3 ') from what r cem ascertain from (1 ading the Ordinance. Is the City going to
compensate me for the taking of my prop that I can not use for the sign? . Is the City
going to compensate me for any parking p es r am going to lose? Is the City going to
give me permission to delete those two (2) arking places which will make ttly property
nonconforming to the City Code?," Mr. B' rd asked further, "r have to go _ through the
whole application process, it is expensive. Is the City going to COmpensate us for this
because it is an unnecessary fmancial har 'p?" Board Member Waters stated. 'That is
not for this Board to decide whether or not. n
Board Member TaYlor asked, "Were you vised of.the .five (5) year ammortization7t.
Mr, Binford stat~ '1 got a lettet like ev ne else. a certified letter." Board Member
Taylor said, USo you have been advised. there was a live (5) year amortization starting five
(5) years ago. To be in compliance before November 14111 of this year." Mr. Binford
stated, "That is correct. 1 do not know about five (5) years agoJ I got it two (2) years ago.
r have got a letter to that effect..t ,
. Board Member Taylor stated. "You have b apprised that the Board of Adjustment has
six (6) criteria that must be met?" Mr. B' onl stated, "Yes sir...." Board Member
Taylor stated, ...., Could you start with th first and see how you meet the six (6)
criteria?" Mr. Binford stated, '~r do not have ose in fron.t of me, I sl.Il'ely do not" Board
Member Taylor aske~ ''You \\'ere advised. at we have six (6) criteria that you have to
meet to approve the Variance?h Mr. Binfor said, f'Yes sir r was advised that you take
that into consideration, you vote OJ) that a ordingly." Boant Member Taylor Mked.
'Would you care to connnent on any of th e that you meet?" Mr. Binford answered,
''No sir." Board Member Taylor asked. ''Is it fair to say that you do not meet any of
them?)' Mr. Binford said, '1 do not know sir I have not read them. It is Dot incumbent
OD me to read them!' Board Member Taylor ked, "We:re you so advised that there were
six (6) criteria?" Mr. BiIlford stated. "1 got metbing in the mail but I did not read it."
Board Member Taylor said, 11' see. so you go something in the lnail but you did not read
it. ..
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CITY Of WIH1BJl &l'ZUNGs
Mll'ItITSS
B041U) 0' AI>JUS'DmNT
REGULAR MSE11NO - OCToBER 23, 2OQ2
(OIUGlNAU Y 8CHEPuuID JlOR octOBER 3,2002)
PAGB60F7
Mr. Arthur O. DWJca.n, 424 Ea3t State d 4.34, Wlllter Springs, Florida: stated, '1f I
move my sign back, if you will notice the (2) trees, I think the view would be blocked
sumtantially of my sign unless I cut the down," Mr. Duncan stated further, ~ ou
can see that between the building and the 8ign~ there is area for an automobile to go
through. Our clients and customers u.se the 0 (2) so tbat there is no temptation or need
to back out on [State Road] 434. If I mov the sign, that is going to prohibit a vehicle
from going through there."
Dr. Char/€.! MaHbt. 50J Wert State Road 4, Wtntu Springs. Florida: stated, <1 think
this sign Ordinance is very vague ~ and 1 . that we need to look into this thing and
perhaps put off further action on this until w can straighten out a lot oftbe problems that
people are having with their signs". Mr. an.ln StAted further, ''1 think each individual
should be looked at separately and a decisio made on that because 1 think we are going
to be back before you with a Variance requ as wel1."
Discussion.
T~pe 2/Si. ^
MOTION BY BOARD MEMBER rAY OR. "I WOULD LIKE TO MAKE A
MOTION mAT WE DENY THE RE ST FOR A VARIANCE BASED ON
TIlE INABILITY TO MEET ANY OF SIX (6) CRITERIA. I WOULD ALSO
LlXE TO NOTE THAT THERE IS S :ME CONFUSION OVER THE SIGN
ORDINANCE AND I WOULD LIKE AT TO BE LOOKED AT BY TIlE
CIIT." SECONDED. DISCUSSION.
, VOTE:
BOARD MEMBER WATERS: AYE
BOARD MEMBERUERBERT: AYE
BOARD MEMBER DILLER: AYE
BOARD MEMBER TAYLOR: AYE
MOnON CARRIED.
IV. fUTURE AGENDA ITEMS
This Agenda Item was not disCU8Bed.
V. REPORTS
Board Member Waters asked. "What do we w t to do about ele<:ting officers?"
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PA.GE70P7
MOTION BY BOARD MEMBER TA OR."l MAKE A MOTION THAT WE
APPOINT MR.. TOM WATERS AS OU CHAIRMAN OF'THIS COMMITrEE,
THE BOARD OF ADJUSTMENT." SECONDED BY BOARD MEMBER
. HERBERT. DISCUSSION. WITH ONSENSUS OF THE BOARD, TIlE
MonON WAS APPROVED.
MOTI9N CARRIED.
MOTION BY BOARD MEMBER DR. ER. "I MAKE A MOTION THAT WE
APPOINT MR. JACK TAYLOR AS VICE CHAIRMAN." SECONDED BY
BOARD MEMBER HERBERT. DIS SSION. WIm CONSENSUS OF THE
BOARD, THE MOTION WAS APPRO D.
MOTION C,ARlUED.
Vl. ADJOURNMENT
MonON BY VICE CIlAIRMAN TA VLO . "I MAKE A MOTION WE ADJOURN."
SECONDED:' DISCUSSION. WITH CON NSUS OF THE BOARD, THE MOTION
WAS APl*R.OVED.
!{OnON CARRD:D.
Cha.i.nnan Waters adjourned the Meeting at 8 Sl p.m.
RESPECTFULLY SUBMITTED:
HOLLY N. PIERSTORFF
MSffiT~Tonmcrryc~RX
APPROVED:
\Boards and Conanitt=l\8oQrd 6/ MjIlitmeJ)L'all\lMlNU1t!S\\ 02.30 ~dQ(:
NOTE: 1'kte MiIIUb MmI ~ __tile ~ .2002 B Of AdJu&lmel)[ Merlf!ls.
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