HomeMy WebLinkAbout2006 08 28 Public Hearing 204 Winter Springs Centre
CITY COMMISSION
August 28. 2006
Meeting
Public Hearing
ITEM 204
MGR. DEPT
Authorization
REQUEST: The Community Development Department requests the City Commission hear a
request for a variance by the Winter Springs Centre to allow construction of their dumpster pad
enclosures within the rear yard building setback.
PURPOSE: The purpose of this agenda item is to consider a request to construct 2 dumpster
pad enclosures within 4" of the masonry wall at the rear of the site (a little more than one foot
from the property line) in lieu of the 15' rear building setback set forth in Section 20-237 for the
C-l zoning district or the 10' rear building setback set forth in Section 20-482 for the SR 434
Redevelopment Overlay Zoning District. Subsection 20-489 (g) requires "trash receptacles
shall be encased in a structure that is architecturally compatible and consistent with the
adjacent building and other site details and must meet building setbacks." The applicant states
that the constraints of the existing site make the proposed locations the best logical places to
locate the dumpster enclosures.
APPLICABLE LAW:
Chapter 9. Article IV. Required Improvements. Division 7. Dumpsters.
Sec. 20-82. Duties and powers; general.
Sec. 20-103. Restrictions upon lands, buildings and structures.
Sec. 20-237. Bulk Regulations.
Sec. 20-482. Setbacks.
Sec. 20-489. Building and screening design guidelines.
CHRONOLOGY:
Feb. 17.2006 - Variance application was received by City.
Apr. 6. 2006- Board of Adjustment made unanimous recommendation of Approval for the variance
CONSIDERATIONS: The Winter Springs Centre is an established strip shopping center,
located on the north side ofSR 434, between N. Moss Road and Fairfax Avenue. The site abuts
multi-family development to the north; the Nations Bank to the east, across N. Moss Road; a
veterinarian, personal storage facility, food market, appliance repair shop, and small office
complex on the south side of SR 434; and a barber shop to the west. The site has a Commercial
August 28, 2006
Public Hearing Item 204
Page 2 of 4
Future Land Use designation and C-l neighborhood commercial zoning. It is also located within
the SR 434 Redevelopment Overlay Zoning District.
The City's dumpster enclosure regulations, requiring dumpsters to be screened with a wall and
gate, were adopted long after the shopping center was built and in business. The applicant's
proposed dumpster pad enclosures appear to be the best locations, given the existing site layout.
Staff does not recommend locating the dumpsters adjacent to the buildings, due to the fire
danger. Police and Fire believe there will be adequate room to provide their respective
protections behind the building with the dumpster pad enclosures in the proposed locations.
As noted above, Subsection 20-489(g) requires dumpster pad enclosures to meet building setback
requirements. Subsection 20-482 (d) states "The board of adjustment will consider any
request for the placement of such other improvements within a setback, only after a design
review board review and recommendation. In determining whether to recommend city
consent, the design review committee may consider, without limiting the scope of their
review, the following: (i) the extent to which any hardship exists that would justify a
variance from the normal setback requirements; (ii) the aesthetics of the proposed
improvements and their visibility from common roads and adjacent properties; (iii) the
consent or objections of adjacent property owners; and (iv) the nature and use of the
proposed improvements. It is the owner's burden and responsibility to provide such
information and documentation as may be requested by the design review board in order
to justify to the design review board that the intrusion of additional improvements within
the normal setbacks is beneficial to the corridor and will not adversely affect adjacent
property owners."
FINDINGS:
A variance requires compliance with all six (6) criteria outlined in Code Section 20-82 (staff
believes that the request meets all of the 6 criteria):
a) that special conditions and circumstances exist which are peculiar to the land,
structures or buildings involved and which are not applicable to other lands, structures
or buildings in the same zoning district;
Staff believes that there are special conditions and circumstances, in that, subject to demolishing
existing buildings on the site, there appears to be no other places for these dumpster pad
enclosures.
b) that special conditions and circumstances do not result from the actions of the
applicant;
Staff believes that special conditions and circumstances exist in that (1) the shopping center was
in place long before the subject regulations and (2) the layout of the existing shopping center
does not afford a better place to construct the dumpster pad enclosures.
c) 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;
2
August 28, 2006
Public Hearing Item 204
Page 3 of 4
Staff believes that granting the variance would not confer special privileges upon the applicant,
because they have adequately demonstrated their special conditions and circumstances.
d) 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;
Staff believes that a literal interpretation ofthe provisions of this chapter would possibly deny the
applicants of certain rights and would impose an unnecessary hardship.
e) that the variance granted is the minimum variance that will make possible the
reasonable use of the land, building or structure.; and
Staff believes that this is the minimum variance to make possible the reasonable use of the land,
building or structure.
t) 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.
Staff believes that to grant the variance would be consistent with the intent and purpose of the
code.
1) Pursuant to Subsection 20-482, the Board of Adjustment must consider the request after the
staff review and recommendation. The following were considered by staff, as prescribed by
Code:
a) the extent to which any hardship exists that would justify a variance from the normal
setback requirements
Staff believes there is a hardship, not resulting from any action of the applicant, justifying the
requested variance from the normal setback requirements - the only alternatives are to build the
dumpsters adjacent to the building (the applicant, Police and Fire all oppose that option) and a
fleet of individual roll out dumpsters. Neither alternative appears reasonable or practical - the
latter would not meet the wash-down requirements for dumpsters for restaurants.
b) the aesthetics of the proposed improvements and their visibility from common roads
and adjacent properties;
Staff believes the proposed locations are the best compromise to provide access and still shield
the visibility from common streets and adjacent properties. The structures must undergo an
aesthetic review before a building permit may be issued, pursuant to Section 9-606 of the City
Code.
c) the consent or objections of adjacent property owners; and
Staff has posted the site and has sent written notification to all property owners within 150' of
the site (applicant provided abutters list).
d) the nature and use of the proposed improvements.
3
August 28, 2006
Public Hearing Item 204
Page 4 of 4
Staff believes that these locations are the best places on the site to locate the required dumpster
pad enclosures (to locate them adjacent to the building would constitute a potential fire and/or
health hazard).
BOARD OF ADJUSTMENT ACTION:
At the Regular Meeting of the Board of Adjustment on April 6, 2006, the Board unanimously
recommended the variance request based on the Findings contained herein and recommends that
the Commission consider returning all or part of the variance application fee to the applicant,
based on the fact that the application was required in order to meet a change in the code that was
no fault of the applicant.
RECOMMENDATION:
The BOA and staff recommend that the Commission Approve the variance request. The BOA
requests the Commission return the application fee to the applicant.
ATTACHMENTS:
A - Location Map
B - Board of Adjustment Minutes, April 6, 2006
C- Variance application and supporting documentation
COMMISSION ACTION:
4
Municipal Address Map Book
PRINTED: REVISED:
Apr 2005 1: 2 : 3 .
City of Winter Springs, FL p:;e 2414
Developed By: Sou/heas/em Surveying & Mapping Corp.
ATTACHMENT A
ATTACHMENT B
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
BOARD OF ADJUSTMENT
REGULAR MEETING
APRIL 6, 2006
CALL TO ORDER
The Board of Adjustment Regular Meeting of Thursday, April 6, 2006 was called to
order at 7:00 p.m. by Chairman Thomas Waters in the Commission Chambers of the
Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida
32708).
Roll Call:
Chairman Thomas Waters, present
Vice Chairman Jack Taylor, present
Board Member Howard Casman, present
Board Member Linda Collins, present
Board Member Kathryn Fairchild, present
After a moment of silence, Board Member Linda Collins led the Pledge of Allegiance.
PUBLIC INPUT
No one spoke.
AWARDS AND PRESENTATIONS
AWARDS AND PRESENTATIONS
100. None
PUBLIC HEARINGS AGENDA
PUBLIC HEARINGS
200. Community Development Department
Requests The Board Of Adjustment Hear A Request For A Variance By The Winter
Springs Centre To Allow Construction Of Their Dumpster Pad Enclosures Within
The Rear Yard Building Setback.
Mr. John Baker, AICP, Senior Planner, Community Development Department presented
this Agenda Item and read for the Record the Criteria. Mr. Baker said, "Staff
recommends - Approval of the Request."
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
BOARD OF ADJUSTMENT
REGULAR MEETING - APRIL 6, 2006
PAGE 2 OF 5
Photographs of aerial views were displayed.
Mr. William Briggle, Property Manager, Macaw Properties, Incorporated, 490 Esther
Lane, Altamonte Springs, Florida: spoke regarding the dumpster enclosure.
Regarding the trash pick up, Chairman Waters asked, "Are you going to have the
neighbors complaining behind there because they are coming at one o'clock in the
morning?" Mr. Briggle said, "Good point - I will approach that Sir, when I get to that
point."
Referencing the gates to the enclosure, Vice Chairman Taylor said, "The gates are never
closed." Mr. Briggle said, "We are going to put closures on them." Mr. Briggle added,
"We want to make sure we comply with your Statutes of course."
Chairman Waters opened the Public Input portion of this Agenda Item.
No one spoke.
Chairman Waters closed the Public Input portion of this Agenda Item.
"I MAKE A MOTION WE APPROVE THE WAIVER [VARIANCE] AS
PRESENTED." MOTION BY VICE CHAIRMAN T AYLOR. SECONDED BY
BOARD MEMBER CASMAN. DISCUSSION.
VOTE:
BOARD MEMBER CASMAN : AYE
CHAIRMAN WATERS: AYE
BOARD MEMBER FAIRCHILD: AYE
BOARD MEMBER COLLINS: AYE
VICE CHAIRMAN TAYLOR: AYE
MOTION CARRIED.
Chairman Waters asked, "Did the Applicant have to pay the five hundred dollar
($500.00) fee for this?" Mr. Baker said, "Yes, they did."
"I WOULD LIKE TO ENTERTAIN MAKING A MOTION THAT WE
RECOMMEND TO THE [CITY] COMMISSION THAT THEY CONSIDER
RETURNING ALL OR PART OF THE APPLICATION TO THE APPLICANT."
MOTION BY CHAIRMAN WATERS.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
BOARD OF ADJUSTMENT
REGULAR MEETING - APRIL 6, 2006
PAGE30F5
CHAIRMAN WATERS THEN SAID, "COULD WE ADD, 'BASED ON THE
FACT THAT THE APPLICATION WAS REQUIRED IN ORDER TO MEET A
CHANGE IN THE CODE, THAT WAS NO FAULT OF THE APPLICANT'S'?"
SECONDED BY BOARD MEMBER FAIRCHILD. DISCUSSION.
VOTE:
BOARD MEMBER COLLINS: AYE
VICE CHAIRMAN TAYLOR: AYE
CHAIRMANWATERS: AYE
BOARD MEMBER FAIRCHILD: AYE
BOARDMEMBERCASMAN: AYE
MOTION CARRIED.
Chairman Waters commented on the Public Input for the Record.
Chairman Waters opened the Public Input portion of this Agenda Item.
No one spoke.
Chairman Waters closed the Public Input portion of this Agenda Item.
REGULAR AGENDA
REGULAR
300. Not Used.
REGULAR
301. Office Of The City Clerk
Election Of Officers.
"I MAKE A MOTION THAT WE ELECT [CHAIRMAN] TOM WATERS AS
CHAIRMAN AND [VICE CHAIRMAN] JACK TAYLOR AS VICE
CHAIRMAN." MOTION BY BOARD MEMBER FAIRCHILD. SECONDED BY
BOARD MEMBER COLLINS. DISCUSSION.
VOTE:
BOARD MEMBER COLLINS: AYE
BOARD MEMBER CASMAN : AYE
CHAIRMAN WATERS: AYE
VICE CHAIRMAN T AYLOR: AYE
BOARD MEMBER FAIRCHILD: AYE
MOTION CARRIED.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
BOARD OF ADJUSTMENT
REGULAR MEETING - APRIL 6, 2006
PAGE 4 OF 5
CONSENT AGENDA
CONSENT
400. Office Of The City Clerk
Approval Of The December 1, 2005 Regular Meeting Minutes.
"I MAKE A MOTION TO ACCEPT THEM - OF DECEMBER 1, 2005 AS THEY
ARE." MOTION BY VICE CHAIRMAN T AYLOR. SECONDED BY BOARD
MEMBER CASMAN. DISCUSSION.
VOTE:
VICE CHAIRMAN T AYLOR: AYE
BOARD MEMBER FAIRCHILD: AYE
BOARD MEMBER CASMAN : AYE
CHAIRMAN WATERS: AYE
BOARD MEMBER COLLINS: AYE
MOTION CARRIED.
INFORMATIONAL AGENDA
INFORMATIONAL
500. None
600. REPORTS
Regarding the garage structure being built on Deer Run, Chairman Waters read into the
Record, two (2) emails he had received.
Discussion.
Tape I/Side B
ADJOURNMENT
"I MAKE A MOTION TO ADJOURN." MOTION BY BOARD MEMBER
FAIRCHILD. SECONDED BY VICE CHAIRMAN TAYLOR. DISCUSSION.
WITH CONSENSUS OF THE BOARD MEMBERS, THE MOTION WAS
APPROVED.
MOTION CARRIED.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
BOARD OF ADJUSTMENT
REGULAR MEETING - APRIL 6, 2006
PAGE 5 OF 5
Chairman Waters adjourned the Meeting at approximately 7:49 p.m.
RESPECTFULLY SUBMITTED:
JOAN L. BROWN
DEPUTY CITY CLERK
APPROVED:
THOMAS WATERS
CHAIRMAN, BOARD OF ADJUSTMENT
NOTE: These Minutes were approved at the June 15, 2006 Regular Board of Adjustment Meeting.
CITY OF WINTER SPRINGS
COMMUNITY DEVELOPMENT DEPARTMENT
1126 STATE ROAD 434
WINTER SPRINGS, FL 32708
407-327-5966
FAX:407-327-6695
BOARD OF ADJUSTMENT APPLICATION
o CONDITIONAL USE / SPECIAL EXCEPTION
o VARIANCE
o WAIVER
APPLICANT:
MAILING ADDRESS:
PHONE & EMAIL
Winter Springs Centre
PO Box 160115
Altamonte Sprinqs, FI 32716.0115
CitY. State Zip Code
407.774.1874 bill@macawproperties.com
PROPERTY OWNER:
If Applicant does NOT own the property:
MAILING ADDRESS:
state Road 434 Between Moss & Fairfax
TAX PARCEL NUMBER: 34- 20- 3 0 - 527 - 0 0 0 0... 0 0 0
SIZE OF PARCEL: 344700 square feet of retail space
Square Feet Acres
EXISTING LAND USE: Strip center
Current ZONING Classification:
Current FUTURE LAND USE Classification:
commercial/retail
Please state YOUR REQUEST: Variance to allow 2 dumpster ~nc] o!'mrp~
to butt aginist rear blook of center.
March 2005
VARIANCE REQUEST
Taken from Winter Springs Code of Ordinances, Section 20-32(d):
Address each of the following conditions related to the variance request. Attach
additional paper as necessary:
o What is the Variance you are requesting?
We are request.ing thrlt flh~ ~E:'t-baC'k for th~ ~n("'lo!':l1~r h~
waived so it will not blockthe alley way.
o What special conditions and circumstances exist which are peculiar to the land,
structure or building involved and which are not applicable to other lands, structures or
buildings in the same zoning district?
The alley will be blcoked if the variance is not qranted.
o Are these special conditions and circumstances the result of actions by the
applicant?
THis condition i~ rcqucotcd because the Cit~ i~Ht thp-
enclosuer.
o How will a literal interpretation of the provisions of the zoning district deprive the
applicant of rights commonly enjoyed by other properties in the same zoning district and
work unnecessary and undue hardship on the applicant?
none
5
March 2005
.
. <
o Will granting the variance, confer any special privilege that is denied to other lands,
buildings or structures in the same zoning district?
no
o Is the variance, as requested. the minimum variance that will make possible the
reasonable use of the land, building or structure?
yes
o How is the variance in harmony with the general intent and purpose of the zoning
district?
unknown
o Will granting the variance be injurious to the neighborhood or otherwise detrimental
to the public welfare?
no
o Identify how the request is consistent with the objectives and policies of the
Comprehensive Plan:
It will allow the Centre to enclose the dumpsters
6
March 2005
**************************************************************************************
FOR USE WHEN APPLICANT IS OWNER OF THE SUBJECT REAL PROPERTY:
This is to certify that I am the Owner in fee simple of subject lands described within this Application for
Board of Adjustment consideration:
Signature of Owner
Sworn to and subscribed before me this
day of 20_,
Notary Public
My Commission expires:
Personally Known
Produced Identification:
(Type)
Did take an Oath
Did Not take and Oath
**************************************************************************************
FOR USE WHEN APPLICANT IS NOT OWNER OF THE SUBJECT REAL PROPERTY:
I, w/ III J'rL-.
A-5 fJ fL.c fJ E ArT 01t-AJ!!if~present me in this Application related to my property. The
property is identified as: Tax Parcel Number(s)
fJ f)llrff-rlk
v
do hereby, with my notarized signature, allow
I::: /rIA ~A- y: AR
Located at
Sworn to and subscribed before me this
l <0 day of f't..{OtLttoGlly 20J:h.
~SOnallY Known
Produced ID: (Type)
Did take an Oath
Did Not take and Oath
~\\-Q \ J~
Notary Public
My Commission expires:
/-tOt( \ 10 I ~~.
"lIl1llt RIT E
.~1)\\r~< A L LUS
=*: ':*~ MY COMMISSION # DD 412131
~~. . - EXPIRES: May 16, 2009
, ._ Bonood Thru NolaI)' Public Unde.rwriters
**************************************************************************************
3
March 2005
Variance Request
For
Winter Springs Centre
The Winter Springs Centre Owners Association is requesting a variance to allow
the dumpster enclosures (2) at the rear of the Centre to be placed against the rear
wall of the Centre.
By allowing the enclosures against the wall this will keep the alley in the rear open which
will continue to allow vendors to unload goods to the various stores in the Centre.
Several members of the staff of the City have reviewed the variance and they said that it
makes sense in view of the vendors needing to gets trucks behind the Centre.
You will find enclosed a review of the single story 344,000 sq ft. retail center as it relates
to the type of stores in the center, pictures of the center, alley and the existing dumpsters.
We have also provided a list of the owners in the Centre and of the surrounding area as
requested by your staff.
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'\Winter Springs' most elite
Professional' Center
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Owners within 150 ft of
Winter Springs Centre
Owners of Units in Winter Springs Centre attached:
Owners of 151-187 Lori Anne Lane
Joseph Deas
PO Box 721179
Orlando, FL. 32872
Owners of 141-145 Lori Anne Lane
Damaso & Carmen Rivera
1200 Nancy Ave.
Altamonte Springs, FL. 32714
Owners of 111-115 Lori Anne Lane:
Atlas Group LLC
23 Alafaya Woods Blvd. # 161
Oviedo, FL 32765
Owners of 131-135 Lori Anne Lane:
Ronald & Charlotte Dickison
6771 Reefton Ave
Cypress, Ca. 90630
Owners of 121-125 Lori Anne Lane
Susan N. Rumpf
PO Box 1296
Plymouth, Fl. 32768
Venteran Real Estate
1 N. Fairfax
Winter Spring, Fl. 32708
Bank of America
110 W. SR434
Winter Springs, FL. 32708
OWNER DIRECTORY
WINTER SPRINGS CENTRE
Unit#
Code Owner Name
116 Brewer, Timothy and Heidi
bre 1708 Sultan Circle
Current Chuluota, FI 32708
118 McLay, William E
mc 118 W State Road 434
Winter Springs, FI 32708
120 Jenua, Hans & Rosemarie
jen 1706 Littleton Cl.
Current Winter Springs, FI 32708.6142
122 Cippola, Mario
cipo 1266 Chessington Circle
Current Lake Mary, FL 32746
124 Olea1, Samuel & Luz
col c/o Scott Jones
Current 110 N Orlando Ave. Suite 12
Maitland, FI 32751
126 Olea, Samuel & Luz
olea2 FI
Current
128 Masincup, Bill
mas Dba Kuts and Kurls
Current 372 Twelve Oaks Drive
Winter Springs, FI 32708
130 Woodson, Dennis
woo 2923 Cove Trail
Current Winter Park, FI 32789
132 Woodson, Dennis
wo1 2923 Cove Trail
Current Winter Park, FI 32789
134 Woodson, Dennis
wo2 2923 Cove Trail
Current Winter Park, FI 32789
136 Woodson, Dennis
wo3 2923 Cove Trail
Current Winter Park, FI
138 Woodson, Dennis
wo4 138 W SR 434
Current Winter Springs, FI 32708
140 Edwards, Anthony & Pamela
ed 100 Stone Gable Cir.
Current Winter Springs, FI 32708
142 Seminole County Farm Bureal
far 142 SR 434
Current Winter Springs, FI 32719
144 Frias, Ruben & Zulema
fri
Current
146
fri1
Current
148
fri2
Current
150
fri3
Current
152
fri4
Current
154
ngu
Current
156
schu
Current
158
lut
Current
160
Luth
Current
162
jon
Current
164
ser
Current
166
sera
Current
168
cusi
Current
170
per
Current
172
ole
Current
Unit#
Code Owner Name
Statu~_ _____.______Qw~~_~~_~~~~l!l__
56-31 East Hampton blvd
Bayside, NY 11364-2050
Frias, Ruben & Zuiema
56-31 East Hampton Blvd.
Bayside, NY 11364-2050
Frias, Ruben & Zuiema
56-31 East Hampton Blvd.
Bayside, NY 11364
Frias, Ruben & Zuiema
56.31 East Hampton Blvd.
Winter SPrings, FI 32708
Frias, Ruben & Zuiema
56.31 East Hampton Blvd.
Bayside, NY 11364.2050
Nguyen, Chien
2332 S Tanner Road
Orlando, FI 32820
Shuman, S. Barry/Matthew
105 Escondido Cir.
Altamonte Springs, FI 32701.4587
Luthra, Rita Kumari
300 Magnolia Lake Drive
Longwood,FI32779
Luthra, Rita Kumari
300 Magnolia Lake Dr
Longwood, FI32779
Jones, J Scott & Bonnie
110 N. Orlando Ave. Suite 12
Maitland, FI 32751
Seratech clo Option Care
485 Half Day Road Suite 300
Buffalo Grove, II 60089
Seratech clo Option Care
458 Half Day Rd. Suite 300
Buffalo Grive, II 60089
Cusi, Gustavo
Ocean Pointe Distributors Corp
168 West SR 434
Winter Springs, FL 32708
Gary Perigo/Joe Bandur
2648 SR 434
Longwood, FI32779
Olea, Samuel and Luz
172 & 174 W SR 434
Winter Springs, FI 32708
Unit#
Code
Status
174
olea
Current
176
br
Current
178
brou
Current
180
ant
Current
Owner Name
Owner Address
Olea, Samuel & Luz
c/o Scott Jones
110 N. Orlando Ave. Suite 12
Maitland, FI32751
Broumand International #2, Inc, Shawn
2701 Brea Blvd
Fullerton, CA 92835
Broumand International #2', shawn
2701 Brea Blvd.
Fullerton, Ca
Antonov, Stoiman and Anna
7501 Pointview Cr
Orlando, FI 32836
WINTER SPRINGS CENTRE
The Centre is consists of 344700 sq. ft. of retail space all fronting W State Road 434
between Moss and Fairfax Ave. The Centre has 104 parking spaces with 59 spaces
fronting 434 and the balance facing the retail spaces, which includes 7 handicap spaces.
The retail spaces consist of the following:
3 restaurants
2 Hair Salons
2 Electronic Repair stores
2 Doctors Offices
1 Convenience store
1 Bar
1 Dry Cleaner
1 Wine Store
1 Brownie Store
Several other retail stores and offices
Layout at Rear of Center.
MOSS ROAD SIDE
From the rear of the Moss road side of the building there is 16.5 feet of paving from the
comer of the building until the gravel area begins. This gravel area which is 11.5 feet
wide is where the dumpster enclosure will be located. The rear of the block enclosure
will butt up against the 56" high block wall at the rear boundary of the Centre.
The comer of the building is 52 ft from the Moss Road right of way.
FAIRFAX AVE SIDE
There is no alley on this side of the Centre that will interfere with the new enclosure. The
dumpster will be about 4 feet from the 6.2 ft block wall as shown on the enclosed plans.
NEW DUMPSTER ENCLOSURE FOR WINTER SPRINGS CENTRE
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Rabits &
Associates
Architect &: Planners
204 NORTH ELM AVENUE
SUITE 104
__ SANl:QBP~FL. 32771
TEL. (407) 688-t080
FAX (407) 688-0052
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BOARD OF ADJUSTMENT
AGENDA
ITEM 200
CONSENT
INFORMATIONAL
PUBLIC HEARING X
REGULAR
May 6, 2004
Meeting
MGR. IDEPT
Authorization
REQUEST: The Community Development Department requests the Board of Adjustment
hear a request for a variance by the Winter Springs Centre to allow construction of their
dumpster pad enclosures within the rear yard building setback.
PURPOSE: The purpose of this agenda item is to consider a request to construct 2 dumpster
pad enclosures within 4" of the masonry wall at the rear of the site (a little more than one foot
from the property line) in lieu of the 15' rear building setback set forth in Section 20-237 for
the C-l zoning district or the 10' rear building setback set forth in Section 20-482 for the SR
434 Redevelopment Overlay Zoning District. Subsection 20-489 (g) requires "trash
receptacles shall be encased in a structure that is architecturally compatible and consistent
with the adjacent building and other site details and must meet building setbacks." The
applicant states that the constraints of the existing site make the proposed locations the best
logical places to locate the dumpster enclosures.
APPLICABLE CODE:
Chapter 9. Article IV. Required Improvements. Division 7. Dumpsters.
Sec. 20-82. Duties and powers; general.
Sec. 20-103. Restrictions upon lands, buildings and structures.
Sec. 20-237. Bulk Regulations.
Sec. 20-482. Setbacks.
Sec. 20-489. Building and screening design guidelines.
CHRONOLOGY:
February 17, 2006 - Variance application was received by City.
CONSIDERATIONS: The Winter Springs Centre is an established strip shopping center,
located on the north side ofSR 434, between N. Moss Road and Fairfax Avenue. The site
April 6, 2006
Regular Item 200
Page 2
abuts multi-family development to the north; the Nations Bank to the east, across N. Moss
Road; a veterinarian, personal storage facility, food market, appliance repair shop, and small
office complex on the south side ofSR 434; and a barber shop to the west. The site has a
Commercial Future Land Use designation and C-1 neighborhood commercial zoning. It is also
located within the SR 434 Redevelopment Overlay Zoning District.
The City's dumpster enclosure regulations, requiring dumpsters to be screened with a wall and
gate, were adopted long after the shopping center was built and in business. The applicant's
proposed dumpster pad enclosures appear to be the best locations, given the existing site
layout. Staff does not recommend locating the dumpsters adjacent to the buildings, due to the
fire danger. Police and Fire believe there will be adequate room to provide their respective
protections behind the building with the dumpster pad enclosures in the proposed locations.
As noted above, Subsection 20-489(g) requires dumpster pad enclosures to meet building
setback requirements. Subsection 20-482 (d) states "The board of adjustment will consider
any request for the placement of such other improvements within a setback, only after a
design review board review and recommendation. In determining whether to
recommend city consent, the design review committee may consider, without limiting the
scope of their review, the following: (i) the extent to which any hardship exists that would
justify a variance from the normal setback requirements; (il) the aesthetics of the
proposed improvements and their visibility from common roads and adjacent properties;
(ill) the consent or objections of adjacent property owners; and (iv) the nature and use of
the proposed improvements. It is the owner's burden and responsibility to provide such
information and documentation as may be requested by the design review board in order
to justify to the design review board that the intrusion of additional improvements within
the normal setbacks is beneficial to the corridor and will not adversely affect adjacent
property owners."
FINDINGS:
1) A variance requires compliance with all six (6) criteria outlined in Code
Section 20-82 (staff believes that the request meets all of the 6 criteria):
a) that special conditions and circumstances exist which are peculiar
to the land, structures or buildings involved and which are not
applicable to other lands, structures or buildings in the same
zoning district;
Staff believes that there are special conditions and circumstances, in
that, subject to demolishing existing buildings on the site, there
appears to be no other places for these dumpster pad enclosures.
b) that special conditions and circumstances do not result from the
actions of the applicant;
Staff believes that special conditions and circumstances exist in that
(1) the shopping center was in place long before the subject
April 6, 2006
Regular Item 200
Page 3
regulations and (2) the layout of the existing shopping center does not
afford a better place to construct the dumpster pad enclosures.
c) 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;
Staff believes that granting the variance would not confer special
privileges upon the applicant, because they have adequately
demonstrated their special conditions and circumstances.
d) 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;
Staff believes that a literal interpretation of the provisions ofthis
chapter would possibly deny the applicants of certain rights and
would impose an unnecessary hardship.
e) that the variance granted is the minimum variance that will make
possible the reasonable use of the land, building or structure.;
and
Staff believes that this is the minimum variance to make possible the
reasonable use of the land, building or structure.
f) 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.
Staff believes that to grant the variance would be consistent with the
intent and purpose of the code.
2) Pursuant to Subsection 20-482, the Board of Adjustment must consider the
request after the staff review and recommendation. The following were
considered by staff, as prescribed by Code:
a) the extent to which any hardship exists that would justify a
variance from the normal setback requirements;
Staff believes there is a hardship, not resulting from any action of the
applicant, justifying the requested variance from the normal setback
requirements.
b) the aesthetics of the proposed improvements and their visibility
from common roads and adjacent properties;
April 6, 2006
Regular Item 200
Page 4
Staffbelieves the proposed locations are the best compromise to provide
access and still shield the visibility from common streets and adjacent
properties. The structures must undergo an aesthetic review before a
building permit may be issued, pursuant to Section 9-606 of the City
Code.
c) the consent or objections of adjacent property owners; and
Staff has posted the site and has sent written notification to all property
owners within 150' of the site (applicant provided abutters list).
d) the nature and use of the proposed improvements.
Staff believes that these locations are the best places on the site to locate
the required dumpster pad enclosures (to locate them adjacent to the
building would constitute a potential fire and/or health hazard).
RECOMMENDATION:
Staff recommends that the BOA recommend the request be approved.
ATTACHMENTS:
A - Location Map
B - Variance application and supporting documentation
BOA ACTION:
SEMINOLE COUNTY
PROPERTY APPRAISER
FoR; eRlAc~
Winter Springs Centre request variance from sections 20-237 & 20-482 to build 2
dumpster pad enclosures within the rear yard building setback area.
Board of Adjustment Thursday 04/06
City Commission Monday 04/24
TRANSMISSION VERIFICATION REPORT
TIME
NAME
FAX
TEL
SER.#
03/30/2005 11:39
WINTER SPRINGS BLDG
4073274755
4073274755
BROC4J328099
DATE, TIME
FAX NO./NAME
DURATION
PAGE(S)
RESULT
MODE
03/30 11: 39
94073274751
00:00:14
01
OK
STANDARD
ECM
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Seminole County Property Appraiser Get Information by Parcel Number
DAVID JO~BDM. CFA, ASA
5E1\tlN FL
nOI E. .ST
BANFORD. Fl.32771-1468
407 - El65-7506
GENERAL
Parcelld: 34-20-30-5AV-1800-00DO
Owner: G W PARTNERS L TD 3
Own/Addr: C/O GAS MART INC #112
Mailing Address: 2070 S ORANGE BLOSSOM TRL
City,State,ZipCode: APOPKA FL 32703
Property Address:
Facility Name:
Tax District: W1-WINTER SPRINGS
Exemptions:
Dor: 10-VAC GENERAL-COMMERCI
SALES
Deed Date Book Page Amount Vac/lmp Qualified
WARRANTY DEED 01/1998 03355 1621 $375,000 Vacant No
WARRANTY DEED 03/1981 01367 1300 $101,250 Vacant No
WARRANTY DEED 03/1981 01367 1299 $62,300 Vacant No
Find Sales within this DOR Code
LAND
Land Assess
Method
SQUARE FEET
Land
Units
25,309
Unit
Price
5.00
Land
Value
$126,545
Frontage Depth
o 0
Page 1 of 1
2006 WORKING VALUE SUMMARY
Value Method:
Number of Buildings:
Depreciated Bldg Value:
Depreciated EXFT Value:
Land Value (Market):
Land Value Ag:
Just/Market Value:
Assessed Value (SOH):
Exempt Value:
Taxable Value:
Tax Estimator
Market
o
$0
$0
$126,545
$0
$126,545
$126,545
$0
$126,545
2005 VALUE SUMMARY
2005 Tax Bill Amount: $2,326
2005 Taxable Value: $126,545
DOES NOT INCLUDE NON-AD VALOREM
ASSESSMENTS
LEGAL DESCRIPTION
PLATS:! Pick...
LEG LOTS D E & F BLK 18 REPLAT OF PART
OF NORTH ORLANDO 1 ST & 2ND ADD
PB 14 PG 16
http://www.scpafl.org/pls/web/re_web.seminole_ county _title?P ARCEL=3420305A VI800... 3/28/2006
1 Sanford Oviedo Winter Springs
Nomad Drive
White Ave
110 SR 434
2 Sanford Oviedo
Nomad Drive
White Ave
22 Spring Ridge
1 N Fairfax
3 Sanford Oviedo
Nomad Dr
White Ave
22 Spring Ridge
1 N Fairfax
4 Sanford Oviedo
Nomad Dr
22 Spring Ridge
1 N Fairfax
5 Sanford Oviedo
Nomad Dr
White Ave
22 Spring Ridge
1 N Fairfax
6 Sanford Oviedo
Nomad Drive
White Ave
22 Spring Ridge
1 N Fairfax