HomeMy WebLinkAbout2002 11 11 Regular C NEW Variance from Section 20-486
COMMISSION AGENDA
ITEM C
CONSENT
INFORMATIONAL
PUBLIC HEARING
REGULAR X
November 11.2002
Meeting
MGR. (J-- IDEPT ~
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 of removing 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.
(1) 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 11, 2002
Regular Item C
Page 2
recommend any variance from the terms of this chapter, the board of
adjustment must and shall find:
1, 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
op~n 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 11,2002
Regular Item C
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) ingresslegress serving more than
one (1) building. The minimum separation for all signs on an individual ownership parcel
shall be two hundred (200) feet.
a, Shall only advertise one (1) 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 11,2002
Regular Item C
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-1 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-1 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 11, 2002
Regular Item C
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 (1) ( 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;
S. 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 11, 2002
Regular Item C
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.
ATT ACHMENTS:
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:
A 'f"
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ATTACHMENT A
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 businesses.
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 strilcco\:lt 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,
* * *
(r) Nonconforming Signs.
(I) Any sign, other than billboards, RavtHg--tlfH7AgtA~n cxcess of onc hundred
~Gt-6eltar-s--and which is nonconforming as-t-e-peffi\iHe&-stgn-area--ef-ftH~er reaSOR
wlliffi-wel:tld-Aeoessi tate the-oom~lete--remewd-eF-tet-al-fe~laeemeA~e-sigR, shall be
amortized and may be maintained until November 14, 2002 ,a-pefied-et:-ffem-eRc( 1) to
Cily or Winler Springs OnJinance No, 2000.17
Pagc I ot'4
.,-
2
tive-(-B-yeaFS fr-B1H4A~lf:eet-i-ve-6at-e-B-f-t-hese-tlesigfl-St-anoaHis. :1:'he-t-efHH}t:-year-s to bc
o et-eI1H in eo-e y-t-he-ee-s~-t.he-s-igH--eF-Bf-reAe-vatie A-;-tAelU oi Ab"-iosffitlat:ien, s ha II be-as
fellews-'-
GFigiA-al-Slgo-eest-er
ReoevatieA-Gest
PCFmitted Years-frem
Effective Date-ef-f)esign Standards
$G-$~O
~GI $10,000
Gver $10,000
2
3
5
(2) Any owner of a sign \vho desires to rely upon an amortization period longer than
t-flree(J) years shall file with the City within one (1) year from the effeotive date of .
these design standards, a statement setting forth the cost and date of the most recent
rcnovation, and a written agreement to remove or bring into oonf-ormanoe the
nonconforming sign at or prior to the expiration of the amortization period applicable
to that sign, The maximum period to amortize a sign shall be 6'/e (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 oost in excess of one hundred
($100) dollars and which is nonconforming as to permitted sign area or any other reason
whioh would neoessitate the oomplete removal or replacement of the sign, shall be
amortized and may be maintained until November 14.2002, a period offrom one (1) to
five (5) years from-tRe effeotive date of these design standards. The term of years to be
aetermined by the oost of the sign or of renevat-ion, inch:fElffig-i-nstallation oost, shall be
as-f-etlews-:-
City of Winter Springs Ordinancc No, 2000-17
('age 2 of 4
~
3
Qr-i-gina1-Stgfl-C-Bst-ef
Ren<:w-atiBn-best
PeffiliHed~r-s-&=em
E-ffuet-t ve D at e of-gesigthStamlaffis
$G-to $3,000
$3,001 to $10,000
Over $10,000
2
3
5
(2) Any owner of a sign who desires to relay upon an amortization period longer than
three (3) years shall file with the City 'tvithin one (1) year from the eff-cotive9ate of these
design staneards, a statement setting forth the cost and date of the most recent
renovatiotr,-and a 'Nritten agreement to remove or bring into conformance the
Ronconformmg-sign at or prior to the expimtion of the amortization period applicable to
that sign. The miOOmum period to amortize a sign shall be five (5) yeaf57
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 Enforcement,
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.utiQns
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. If any section, subsection, sentence, clause, 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.
City of Willlcr Sprillgs OrdillRllcc No, 2000-17
I'ngc J of 4
-:7
4
ADOPTED by the City Commission of the City of Winter Springs. Florida, in a regular
meeting assembled on the ~ day of June \JJriJo
Paul P. Partyka, Mayor
ATTEST:
APPROVED AS TO LEGAL FORM AND SUFFICIENCY
FOR /:'5fF 1~TER S~RlN~S ONLY:
Anthony A. Garganese, City Attorney
First Reading:
Second Reading:
Effective Date:
Cily of Winter Springs Orditlntlcc No, 2000-17
('nge 4 of 4
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ATTACHMENT B
'BOARD OF ADJUSTMENT APPLICATION
CITY OF WINTER SPRINGS
1126 EAST S~ATE ROAD 434
WINTER' SPRINGS, FL 32708-2799
(407)327-1800
~<ECE~VlEO
fOR:
x
SPECIAL EXCEPT10N
VARIANCE
'CONDITIONAL USE
ADMINISTRATIVE DECISION
SiP 1 C 2002
CITY OF 'NINTEF... 3~'R1NGS
Communl!y Development
1.
APPLICANT:~~r'fS 4. E/A/4reV
ADDRESS: 4-~G,.'I::;-'HIVY, '/3t
2
), ATTACH A COPX OF THE PARCEL SURVEY.
4, ATTACH AN 11 X 17 MAP SHOWING THE SUBJECT PROPERTY AND
SURROUNDING PARCELS.
5, ATTACH LEGAL'DESCRIPTION.
6, TAX. PARCEL ~DENTIFICATION NUHBE~ i' 3''-/ -2.0- ~b- S1JB - 0800 -c)(~zo
7. LOCATION 'OF PARCEL (street Address. and/or ',Nearest Cross
Streets): 'f2&:, IE: H'-<.IY '13>'1
(:-1
8. PRESENT ZONING:Co"'""'~c''''''L/Zo",,, FUTURE LAND USE: CO~~~CI~l..
"
By Signing below'I' ~nderstand that City of ~inter Sp~ings Officials
may enter upon my property to inspect that portion, as relates to
this applica~ion;
(If the applic~nt is not the owner of the subject property, the
applicant must attach a letter of authorization signed by the
owner) ,
-r-~/'-7/1S /9. Z5/4Fo~..tJ
OWNER-PLEASE TYPE: '~
n~ - a ~~
OWNER-SIGNATURE, . .
pj TOMA:'SINFORO'
Hi 704 CHICKAPEE TRAIL .
PI . MArTlAND,'FL' 32751 ,.' , Date "1;j 7 h'l./:
vi I I
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i " .' M.iU.nd, Florid. 3275 I .
a~ . '/' Info-Tel (407)"521-0800"
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the City Council, file an appeal with a court of competent
jurisdiction over the subject m~tter~
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;:0) Receipt>> 2938F::;,
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-AttACHMENT C
CITY OF WINTER SPRINGS, FLORIDA
-.--.--..-----, .......- ..-..------ .......-.....-. -.----
1126 EAST STATE ROAD 434
WINTER SPRINGS. FLORIDA 32708-2799
Telephone (407) 327-1800
Fax (407} 327-0018
Community Development
July 26,2002
Business OwnersfProperty 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 $,R. 434 Development and Redevelopment
Overlay Districts, Business and property owners were awarded a grace period for
compliance until November 14, 2002.
Business and property owners 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,
L-6--h
Charles C. Carrington, AICP
Community Development Director
ATTACHMENT D
~ BUSINESS LICENSE MASTER MAINTENANCE - mllVP"REFRESHED 10JllJ02m B~m
: CR'~' .... ~ 8 0 (~ x .tj. gj ~J r 1W ~. @~. ~.' f -1iJlj ~f'.i-
'''1 Account 10
Mall/Deuel
location
loc Desc
PIP 10
Parcel 10
Owner
Owner
Addr
11077 SSH/FID 11
1 ill I Status filill IACTIUE
[426 r-- Unit r-- Street lEAST STATE ROAD 434
I Town ICITY ID IWIHTER SPG
10516-821:38-211 Area lID I
I Type ICORP ~ ICORPORATE
I 30077 ID ro g:J Bus Started 104/01/1992
ITOM BIHFORD'S AFFORDABLE LEG Bus Closed I
ITOM BIHFORD'S AFFORDABLE lEGI County 10 I
I 30077'j!J ro ~ State 10 I
ITOM BIHFORD'S AFFORDABLE lEG Fiscal Month [1iI
1 30077IID 11 ~ Fiscal Dates I -I
IBIHFORD. TOM SIC Codes r-- r--
1426 EAST STATE ROAD 434 Insr lID I
I lease End I
IWIHTER SPRIHGS last license 109/01/2002
IFL 132708 Phone (H) I
IBIHFORD. TOM (B) 1(407) 327-5297
107/30/2 001 By ICOHU
I r:Add'IAddj- . --I
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ATTACHMENT E
11/e6/2e62 11:27
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UNAPPROVED
L CALL TO ORDER
Board Member Thomas Waters ca.lled the R gular Meeting to order Wednesday, October
23, 2002 (originally scbeduled for Octo 3, 2002), a.t 7:01 p.m. in the Commission
Chambers of the Municipal Building (Ci Hall. 1126 East State Road 434, Winter
Springs, Florida 32108),
Ron Call:
Board Member Gary Diller, present
Board MeD).ber John Herbert, present
Board Member Jack Taylor, present
Board Member Thomas Waters, present
The Pledge of Allegiance followed.
ll. CONSENT
CONS&l'IT
A. A rovaJ Of The Au It 1, 2001 Regu
MAnutes.
Board Member Waters asked, "Do I have a Motion to approve the Minutes of August
1 ~.,,"
MOTION BY BOARD MEMBER TAYL
MEMBER HERBERT. DISCUSSION.
THE MOTION WAS APPROVED.
J.\iOTION CARRIED.
R. nYES." SECONDED BY BOARD
TH CONSENSUS OF THE BOARD,
ffi. REGULA}t.AGENDA
IUtCULAIl
A. Centex Home. or Florida ReqllesU Variance From The ReqoJremeDts Of
SectioD 9--241. or The City Code Of Ord" ances, The Pre.Development ADd Post..
DevelopmeJlt Storm-Water ADd/Or Floo water Volnme And Rate Requirements
For Storm-Water And/Or Floodwater anagement For New Developm.ents.
Wapcl"'s Curve Townhouse And Conune cial Development Along State Road 434,
Just North ADd West OrThe Post Office S rm-Water Pond.
:Parcel ill # 26-lo..3o-~AR-ODOO-018C And 6-2()"30..5AR-ODOO-0200
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ct'tY Of WIN'TER SPRINGS
MD:l1ms
BO~ 0' A.DA1STMENT
R.EGUI.AA MEEJ11NG - OCTOJlJ:!R 23, 2002
, ,'.'.,.........,"~ ,.jj:.1,'tO,wmAl1-t.~'r..lL2l>J'OR.OCTOaER.J,200:2)
PAGJU OF 7
Mr. JOM Baker~ Current Planning Coordi tor, Community Development Dep3rtment,
introduced Ms. Kimberly HalJ, former Ci Engineer! Stonnwater Utility MWlager, w1:Io
presented thi$ Agenda Item.
Ms. Kimberly Hall, Engineering ConSllJUtht, Avid Engineering Inc., 7208 West Sand Lake
Road, Orlando, F/orido.: stated, 'jn the p we have not been having people meet this
Code. We have bad them write a letter pro ing that they are not disoharging into an area
that is known flooding and just state they sh uld not have to. The Code also is consistent
with the practices of the Waler Management istrict, which is also in our Code. That is a
requirement of our Stormwater pennitting p ocess for engineering. They do meet that so
I am. recommending that Cente:x; does not ve to meet the Stormwater Volume Metric
Codes. But they do have to meet the prep st quantity codes which juat limits the rates
that they discharge but not the 'lrolume."
Board Member Jac.k Taylor asked, "If 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 the findings? I guess it is not really 'pulated is it?" Ms. Hall tltated, 'They still
have to meet the standard Code!!, both thro Us and the Water Management District.
The main one being that we linrit your pr ost quantity which is the rate. how fast it
leaves )'Our site. They do need that!' oard Member Taylor stated. HAnd that is
covered?" Ms, Hall stated, "'That is in the Code with us and the Water Management
District, yes_"
MOTION BY BOARD MEMBER TA OR. "I WILL MAKE A MOnON TO
RECOMMEND A:P'IlOV AL OF THIS GENDA ITEM AND PASS ALONG TO
THE WINTER SPRINGS COMMJ SION FOR FINAL APPROVAL."
SECONDED. DISCUSSION.
VOTE:
BOARD MEMBER HERBERT: AYE
BOARD MEMBER TAYLOR: AYE
BOARD MEMBER 'WATERS: AYE
BOARD MEMBER DILLER: AYE
MOTION C.AlUUE1!t
UGULAR
B. M.A. Garcia Requests A Variance Fr m The Requirements Of Sections 9-147.,
9-157., 9.221., ADd 9-223. or The City de Of OrdfllaDces To Allow A PrIvate
Roadway To Be Constructed Twelve F (12') Wide Without Curb, Gutter, Or
Sidewalk At Tuacawilla Unit 5 And Tract ' A" 01 Oak Fore&t Unit 1.
Parc:ellD # 11-1l-3o-S01-0AOo-OOOO
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CITY OF WIN'TBR. SPlUNGs
M1NUTP.S
BOARD 0' AI)ltls.~
RE<lULAR. MBlmNG - OCTOBER.n. 2002
(OIUOlNAll Y SCH!Dl1U!O POR OCTOBER. 3, 2002'
, P"AGE ~ on
Mr. Baker Jn~duced the Agenda Item and advised the Board that the City COmrnissjon
"Already looked at this isrro.ol' and "They - think that this did meet the intent of the
Code",
Mr. John. Sy~. Rocket &: Associates, 303 Mercy Drive, Orlahdo, Florida: spoke on
behalf of Mr.Garcia; clarified the exact 10 ation of the roadway; stated that ''Fire and
Safety" requested the ,upsizing of the fO way to twelve feet (12') to provide for
aecessjbility; and advised Board Members at "All of the property owners have given
written permission to Mr. Garcia to do this r ad",
Mr. Mike Reynolds. 1052 Chokecherry Winter Springs, Florida: addressed
flooding issues resulting from tne altering 0 the roadway. and atated, "1 have lived at this
. property for going on sixteen (16) years an I have never had a flooding ptoblem until
now."
Mr. Baker informed the ~oard, "The issue' front of us tonight is the roadway width. the
curbin~ and the sidewalk. The engineering issues ate being handled separately. This is
not a Site Plan or Subdivision Review M . g. So - that is not an issue here tonight."
Mr. Christopher Dunlap, 1 OS 4 Chokeche Drive, Winter Springs, Florida: stated, '1
share the same concerns as Mr. Reynolds.'1 Mr. Dunlap also stated he did not receive
notice of the Meeting, and questioned if ther was an '-l Analysis" done.
. Mr. Sykes stated. ''It is being reviewed by State in texms of all those parameters that
were in your notebook, for engineering. We would be happy to meet with those owners
and show them exactly what 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 time. I was
unaware of any drainage problems. We e not creating or mitigating any drainage
situation. we are just simply utilizing it as it i . We meet all the rules in my opinion."
Board Member Taylor said, "I 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 Ilt it, talks
to the two (2) homeowner! that took the tim to come tonight, and voice their opUrion. >>
Mr. Baker stated, '1 can prepare a report in the morning to Mr. Kip Lockcuff [Public
Wor1cs/Utility Departme"-t Director] and ha something to report back to you in your
next Agenda Packet to let you know that. deed I have followed up on that." Board
Member Taylor requested of the Office of e City Clerk to ''Mention tho names and
. addresses as they appear in the Minutes of the tw'O (2) residents that came out."
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CITY OF WINTER. SPRJN"ClS
M1NtJmS
BOARD OF A.DJllS1'MI:NT
Rl>GUI.A.R MEE1TNO - Oc:rOB.ER. :Z3. 200.2
(ORJOlNALLV ~omnULED fOR 0Cl0J)E.R, 3. 2002)
f'AOE40P7
The Board discussed advertising requirem IS, Board Member Taylor ~~ 'nid we
advertise it [Meeting]?" :Mr. Baker stat ~'Yes sir we did - the properties within one
hundred-fifty feet (150'), and it was also an in the paper."
Board Member Taylor suggested to "Pu.t 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 how, or wh~ or what the City is planning
on doing." Mr. Baker suggested to "Bring .s back the first Thursday in November".
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Discussion,
MOTION BY BOARD MEM:BER TA Oil "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 CURRENTLY AFFEC S nm ADJACENr HOMEOWNERS."
SECONDED BY BOARD mMBER D . ER. DISCUSSION.
VOTE:
BOARD MEMBER HERBERT: AYE
BOARD MEMBER TAYLOR: AYE
BOARD MEMBER. WATERS: AYE
BOARD MEMBER DILLER: AYE
MOTION CARRIED.
Board Member Wale7r recessed the Meeting t 7:56 p.m_
The Meeting reconvened at 8:02 p. m.
lEG'tILAR.
C. T~ Binford Requesu A Variance Fr m The Requirements O{ Section 20-486.
Of The Oty Code Of OrdJnaDct.! To All w An Existing Non-Conforming Sip To
Remain Beyond The November 14, 2002, mortintlon DeadllDe.
Parcel ro # 34-20-3~508-0800-0010
Mr. Baker presented the Agenda Item and stated, "Staff has examined this Variance
request and detennines 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 further1 "I reco end denial unless the applicant can clearly
demonstrate consistency with all six (6) of e criteria. And I would ask that yon go
Ihrough each and ev~ry 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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CITY OF WJNmR. SPRJNGs
UINU'l'8S
JIOARD Oil' oWuBTMlNT
~ fi.mFI1No- OCTOBER 23, 200~
(ORlOINAU.V SCHlmuteD liaR OCTOBa.1, 2002)
J'A.GESOF1
Mr. To", Binfol'd. 704 Chicopee Trail, M. irlQ1lc!. Florida; stated, 'U I were to remove
this siiOt I think it would cause great mean enience fat my customers and likewise C8U8e
me undue financial hardship cause the 10 s 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 J, Smallwood for the record, and
distributed a copy to the Office of the City lex-Ie.
Mr. Binford asked, <lIf I have to move my s gn back, r think: I have to move it back three
feet (3') from what r Cl'm ascertain from r 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 Ce!l r am going to lose? Is the City going to
give me pcmnission to delete those two (2) adcing places which will make my property
nonconforming to the City Code?" Mr. B' rdasked further, UI 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,"
Board Member Taylor asked, "Were you vised of.the five (5) year ammortization?"
Mr. BinfOrd stated. ''1 got a letter like ev ne else, a certified letter.'J Board Member
Taylor said, usa you have been advised there was a live (5) year amortization starting five
(5) years ago. To be in compliance before November 14~ of this year!' Mr. Binford
stated, "That is correct. I do not know about five (5) years ago) I got it two (2) years ago.
r have got a Jetter to that effect."
Board Metnber Taylor stated, "You have b apprised that the Board of A<lju.stment has
six (6) criteria that must be met?U Mr. B' ord stlted, ('Yes sir...:' Board Member
Taylor stated, ..,.. Could you start with th first and see how you meet the six (6)
criteria?" Mr, Binford stated. "I do not have ose in front of me. I surely do not" Board
Member Taylor aske~ ''You were advised at we have six (6) criteria that yoU have to
meet to approve the Variance?' Mr. Binfo! said, i'Yes sir r was advised that you take
that into consideration. you vote on that a ordingly." Board Member Taylor Mked.
uWould you care to comment on any of th e that you meet?" Mr. Binford answered,
''No sit," 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 r have not read them. It is Dot incumbent
on me to read them." Board Member Taylor ked, "Were you so advised that there were
six (6) criteria?" Mr. Binford stated. 'cr got mething in the mail but I did not read it."
Board Member Taylor said, "1 see, so you go something in the mail but you did not read
it. ..
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Mlt'NrES
BOAlU) 0'1 AJ)JUSTr.mNT
REGl1I.AR MEETING - OCToBmt. 23, 200.2
(ORIGlN^ll Y SCHEOuLED JIOR OCTOBER J, 2002)
PAGB60F7
Mr. Arthur 0, DrmCtJ'It, 424 Ea$t State d 434, 'WiMer Springs, Florida: stated, '1{ I
move my sign back, if you will notice the (2) trees, I think the view would be blocked
subst.mtially of my sign unless I cut the s down." Mr. Duncan stated further, ~ou
can see that between the building and the sign~ there is area for an automobile to go
through. Our clients and customers U5e 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. Charle.f Martin, 50} West State Road 4, Winte1' Springs. Florida: stated, '1 think
this sign Ordinance is very vague - and I . that we need to look into this thing and
perhaps put off further action on this until w can straighten out a lot of the problexw that
people are having with their signs". Mr. anin stated further, '1 think each individual
should be looked at separately and a decisio made on that because I think we are going
to be back before you with a Variance requ as well."
Discussion.
Tape 2/Sjdt A
MOTION BY BOARD MEMBER TAY
MOTION TUAT WE DENY THE RE
TIre INABILITY TO l\mET ANY OF
LDm TO NOTE THAT THERE IS 5
ORDINANCE AND I WOULD LIKE
CITY." SECONDED. DIScUSSION.
VOTE:
BOARD MEMBER WATERS: AYE
BOARD MEMBER HERBERT: AYE
BOARD MEMBER DJI.LER: AYE
BOARD MEMBER TAYLOR; AYE
MOnON CARRIED.
IV. FUTURE AGENDA ITEMS
This Agenda Item was not disCUBBed.
V. REPORTS
OR. "I WOULD LIKE TO MAKE A
ST FOR A VARIANCE BASED ON
SIX (6) CRITERIA. I WOULD ALSO
ME CONFUSION OVER THE SIGN
T TO BE LOOKED AT BY TIlE
Board Member Waters asked, "What do we w t to do about el~ting officers?"
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CITY OF wn.rrn. sPtUNGS
M~
JOARb 01' ADJtJ9~
R.Wl1LAA~G- OCTOBb.:U. 2002
(O!UOJNAU- Y SCHllDUl.1!D POR. OCTOB8R 3. ~OO~)
PA.Gf70P7
MOTION BY BOARD MEMBER TA OR."l MAKE A MonON THAT WE
APPOINT MR.. TOM WATERS AS OU CHAIRMAN OF TMS COMMlTIEE,
THE BOARD OF ADJUSTMENT." SECONDED BY BOARD MEMBER
HERBERT. DISCUSSION. WITH ONSENSUS OF THE BOARD, nm
MonON WAS APPROVED.
MOTION CAAIUED.
MonON BY BOARD MEMBER DIL ER. "I MAl<E A MOTION THAT WE
APPOINT MR. JACK TAYLOR AS T VICE CHAIRMAN." SECONDED BY
BOARD MEMBER HERBER.T. DIS SSION. \VITH CONSENSUS OF TlJE
BOARD, TUE MOTION WAS APPRO D.
MOtION C.ARlUED.
\'1. ADJOURNMENT
MOTION BY VICE CHAIRMAN TAVLO . "I MAKE A MonON WE ADJOURN."
SECONDED:' DISCUSSION. WITH CON ENSUS OF THE BOARD. THE MOTION
WAS APn.OVED.
MOnO.N CARRIED.
Chainnan Waters adjourned the Meeting at 8 Sl p.m.
RESPECTFULLY SUBMITTED:
HOllY N. PIERSTORFF
~S~T~TOnmcrryC~RK
APPROVED:
THOMAS W ATER.S, CHAIRMAN
BOARD OF ADJUSTMENT
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