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HomeMy WebLinkAbout2003 12 08 Public Hearings 400 Detached Accessory Buildings CITY COMMISSION AGENDA ITEM 400 Consent Information Public Hearing X Regular December 8,2003 Meeting MGR. f- /DEPT. /~ Authorization REQUEST: The Community Development Department requests the City Commission consider a request for a Conditional Use within the City of Winter Springs RC-I zoning District (Residential Rural FLU designation), to allow an 988 square foot (first floor foot-print - 2127.5 SF total area) detached accessory structure beside the residence at 230 Arnold Lane. PURPOSE: The purpose of this agenda item is to consider the appropriateness of the proposed detached accessory structure, pursuant to the criteria set forth in Ordinance No. 2003-07, which amended Section 6-84 of the City Code of Ordinances to allow detached accessory buildings larger than 240 square feet, in certain situations. APPLICABLE LAW AND PUBLIC POLICY: Sec. 6 - 84. Accessory buildings. Ordinance No. 2003-07 CONSIDERATIONS: The proposed site is located in the Ranchlands, has RC- I zoning, and a Residential Rural Future Land Use designation. It is in close proximity to the recently approved conditional use for an accessory structure at the Paul Starks residence (210 Arnold Lane). The structure is proposed in the side yard and meets all applicable building setbacks. The applicant demonstrated architectural compatibility at the November 6, Board of Adjustment meeting. The board asked of the possible effect on off-site drainage and was told that the land sloped toward the rear of the property and therefore adding the December 8, 2003 Public Hearing 400 Page 2 proposed structure would not affect any drainage pertaining to the next-door neighbor's lot. FINDINGS: I. The subject property, 230 Arnold Lane, has a "Residential Rural" Future Land Use designation. 2. The request is consistent with all applicable goals, objectives and policies of the City's adopted Comprehensive Plan. 3. The request is in conformance with the purpose and intent of Ordinance No. 2003-07, which amended Section 6-84 of the City Code, subject to the applicant demonstrating that the proposed structure is no taller than the principal structure. BOARD OF ADJUSTMENT ACTION: At its November 6, 2003, meeting, the Board of Adjustment (BOA) unanimously recommended approval of the conditional use to construct a 2,127.5 square foot (988 SF foot-print) at 230 Arnold Lane, as depicted on the plan. RECOMMENDATION: Both the BOA and staff recommend approval of Clifton Glorenflo's Conditional Use to construct a 988 SF foot-print/2127.5 total SF detached accessory stlUcture, beside his house at 230 Arnold Lane, as depicted on the attached plans, subject to demonstrating that the structure will not be taller than the principal structure. ATTACHMENTS: A. Ordinance No. 2003-07 B. Application C. Location Map & Site Plan D. Architectural Rendering E. BOA Minutes CITY COMMISSION ACTION: S:\dept - Community Development\Planning\120803]H 400 Glorenfloro _ Conditional_ Use. doc .. , .. .. . ATTACHMENT A ORDINANCE NO. 2003-07 AN ORDINANCE OF THE CITY COMMISSION OF:~HE CITY OF WINTER SPRINGS, FLORIDA, AMENDING SECTION 6-84, WINTER SPRINGS CODE, RELATING TO ACCESSORY BUll..DINGS; ALLOWING BY CONDITIONAL USE ONE OR MORE ACCESSORY BUlLDINGS GREATER THAN 240 SQUARE FEET ON PROPERTY WITH A COMPREHENSIVE PLAN FUTURE LAND USE DESIGNA TION OF RESIDENTIAL RURAL; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, the City's Comprehensive Plan Future Land Use Element (page 1-2) provides . that residential rural areas are mainly reserved for large lot single-family residences not exceeding one unit per acre and that accessory structures and primary agricultural uses may be permitted based upon appropriate surrounding land uses; and WHEREAS, the City Commission finds that under some circumstances the accessory building restrictions under Section 6-84 of the .Winter Springs Code should be relaxed, with appropriate safeguards, to accommodate the large lo.ts'currently designated residential rural pursuant to the City's Comprehensive Plan; and . . WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. reference. Recitals. The foregoing recitals are hereby incorporated herein by this Section 2. Code Amendment. The City of Winter Springs Code, Section 6-84 is hereby amended as follows: (underlined type indicates additions and strikeout type indicates deletions, while asterisks (***) indicate a deletion from this Ordinance of text existing in Section 6-84. It is intended that the text in Section 6-84 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). City of Winter Springs Ordinance No. 2003-07 Page 1 of 3 '- . Sec. 6-84. Accessory buildings. * * * ill Upon application filed with the City. the City Commission may vary the number. height. and size requirements set forth in this Section or approve an accessory building' on an adjacent lot by conditional use permit under the following conditions: ill The subject prope~ has a residential rural future land use map designation under the City's Comprehensive Plan. ill The applicant submits for review and consideration a detailed architectural rendering of the proposed accessory building and a plot plan drawn to scale. ill The City Commission finds that: ill the proposed accessory building is compatible and harmonious with the principal structure and the surrounding land uses and structures: !ill the proposed accessory building will not adversely impact land use activities in the immediate vicinity: (iii) the height of the proposed accessory building does not exceed the height of ~ the principal structure: and (iv) the accessory building shall meet the requirements of the applicable .zoning district including setback and maximum lot coverage. ill An accessory building may be constructed on a lot adjacent to the lot on which the principal building is located under the following conditions: ill The conditions set forth in subsections (1). (2). and (3) are satisfied. !ill A legal instrument reasonably acceptable to the City is recorded in the public records of Seminole County that provides that the principal building lot and the adiacent lot are unified under common ownership and that in the event said ownership is ever separated. the accessory building shall be removed or a principal building shall be constructed on the adjacent lot within one (1) year from the date the lots are separated. City of Winter Springs Ordinance No. 2003-07 Page 2 of 3 . .' ' -, " . ., Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or pa_rts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. 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, and pursuant to City Charter. . ADOPTED by the City Commission of the City of Winter Springs, FI.orida, in a regular meeting assembled on the 28thdayof April JO~~.":, .' '" NZO-LUACES, City Clerk Approved as to legal form and sufficiency for the City Winter Springs only: First Reading: April 14, 2003 Second Reading: April 28, 2003 Effective Date: April 28, 2003 City of Winter Springs Ordinance No. 2003-07 Page 3 of 3 . .. ,. ATTACHMENT B BOA'RD OF ADJUSTMENT APPLICATION ~ '1t/D~ {f1) 7 CITY OF WINTER SPRINGS . I cr 1126 EAST S~ATE ROAD 434 , WINTER'SPRINGS, FL .32708-2799 (407)327-1800 FOR: x SPECIAL EXCEPTION VARIANCE 'CONDITIONAL USE' ADMINISTRATIVE DECISION 1. APPLICANT: (J..(07) 95Ct-oosO f o' 'PHQNE(Lt.O'7) ~?J 'i- 09'1 q L~V\~'I ~'V1~r,~p(lV1~.s./ FL 'SZ70g e\ rhrH' (OJ ~~(J'lS:e. . AI- ADDRESS: Z 30 ArV\o lJ 2 PURPOSE OF REQUEST: lro a~~ m~ n'5I'dpll1c.e 3. ATTACH A COpy OF THE PARCEL SURVEY. ~ 4. ATTACH AN 11 x 17 MAP SHOWING THE SUBJECT PROPERTY AND vi SURROUNDING PARCELS. 5. ATTACH LEGAL' DESCRIPTION. ~ . , . 6. TAX PARCEL IDENTIFICATION NUMBER: 02-2.l-30-5c~-OHOO-OI'lO. 7. .LOCATION OF PARCEL (Street Addressand/or .:N~arest Cross StreEits):. 2~O Artlold Ln Cc>rl'\er of! A-rVlc!lI~ !Jt at1d <)ul"lrl:Se ~ve.. .. 8. PRESENT ZONING:JC -1 '. FUTURE .LAND USE: ~raJ Re,s/dlnh~1 BY silfnin~ below' I ~nderstand that City of ~inter Springs Officials may ~nter upon my property to inspe~f that portion as relates to t hi s app lie a t ion; B~ Ofpo,"., tmm f-: ovd\.{. 110 lb. Ge(VhIJl1' ShepAerd. . . . " (If the applicant is not the owner of the subject property, the applicant must attach a letter of authorization signed by the owner) . PERSONS ARE ADVISED THAT, IF THEY DECIDE TO APPEAL ANY: DECISIONS MADE AT THESE MEETINdslHEARINGS, THEY WItL NEED A.RECORb OF THE PROCEEDiNGS AND FOR SUCH PURPOSE, THEY WILL NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS HADE, 'AT'THEIR 'COST, WHICH I I NCLUDES THE TESTIMONY AND EV I DENCE UPON WH r CH THE APPEAL I S TO BE.,~ :,1 8ASED, PER SECTION 286.0105, FLORIDA STATUTES ~', .. APPLICATION INSTRUCTIONS . '(~ ; A staff. Repor~ will be developed for e~ch -Application, The Applic~nt should be p~epared to addre~s each of the issues pro~ided below for Variance requests. In ~rder to grant a variance, the,Board of Adjustment must make the following findings of fact: 1. That specialconditioris and circumstances exist which are peculiar to the land, structures or buildinqs "involved and w hi c h are' not a p p I i cab let 0 0 the r I and s , s t r u c t u res 0 r buildinqs in the same zoninq dist~ict. 2. That special conditions and circumstances do not result from the 'actions of the applicant. 3. That qranti'nq the variance requested will not confer on the applicant any special prlVileae, that is denied by this chapter to other lands, buildinas or structures in the same zonina district:. 4. That, iiteral interpretation of the provisions of this chapter would deprive the applicant of riahti cOTmonly en;oved by other properties in,the same zoninq d~str~ct under the ter~s of this ch~pter and ~ould'work unnecessaiy h~rdship on the applicant. . "',' 5. That the variance qranted is the minimum variance that will make ~bssible the reasonable use of th~ land; buildina or structure. 6. .. Tha t the variance will be in'harmony with the and purpose,. o.f this chapter , wi 11 not be nei hborho:od or ot erwise detrimental to the 7. T policies ust be, consistent with the ob 'ectives and' Comprehensi~ePl~n. , , THE APPLICANT IS RESPONSIBLE FOR PROVIDING THE CITY WITH THE' NAMES AND ADDRESSES OF EACH PROPERTY OWNER 'WI-THIN . 150 FT: OF EACH PROPERTY LINE BY THE SCHEDULED TIME. THE APPLICANT IS RE'SPONSIBLE TO POST THE BLUE NOTICE CARD ON THE I SITE AT LEAST SEVEN DAYS PRIOR TO THE BOARD OF 'ADJUSTMENT MEETING ,,~ ,.' AT WHICH .THE HATTER WILL BE CONSIDERED: SAID'NOTICE SHALL NOT BE'~' POSTED WITHIN THE CITY RIGHTS-OF~WAY. ATTACHMENT C l'operty ~prQise,. c:J:rvices n.w. "RiU" Sqtw, CfA.ASA Yo."-" So~ fOt' PNv hu'Ot'matfQ"... QlIick., <;onve"i~l\t, A.c;c;"-l'ato e Map.putput. ..ml!~ C-Q\lnty*fl~~ h c f e e gee c ~'~'\"~'. > e ce e ,--............ e e Page 1 of 1 _.~.....~...,...- ..-:- ~:minQlf:Coul1tJ' ';"\:::;,.:~7;r=::::1K ;'J:::':t)'~!~:::0:~:\.;t'f' Pfopr-l'tJ!~tI1m:r c:R;,-k~s 1101&. Pin;~ S(. t;'atJl'brd n. 321'71 407"665-7506 o Legend County BOundal'y Streets HydrolOgy SubdM&lon Lines patc:a1S GoV!. Facifrt:iils Golf Course PalM SMltets . ;.I D .t- O I e e 2; b ~ c ~ 0 ~ EXISiINC:> E ~ ~ I<ESIDENC kl Ol ~ C It:, C/) C ~ '1:l C ~ C CI) ~ C/) CLIFi'ON GUH~'N1PJ( NORTH ORLA1VDQ LEGAL DESCRIPTION : LOt 14, BLOCK "1-4", NORT1-4 ORLANDO RA AS .RECORDED IN PLAT BOOK 12, PAGi::5 PUBLIC RECORDS OF SEMINOLE COU .i:" "~fJ/ ~;.'..1. ~.. , _.~? RROPOSED GARAGE STRUCTURE ;'/ 'M, "';.,.l..' ;, .. , Y,'< ',!- . e . .~,... " ~ Cry .... l~':: :t E-. Cl ...;j S89d5451"W 250.00' N ~. ... I' ~". . >,.','i~ >y .-;:~-. / ------ ----------_._--=----=~--::~~~--=--_._----:......~------ - . .~~. : :~~r.- ::i .~~, '''1{' ;';~'~~." ~"J~ ...!Ir t ...~w...~ './~~:~~:' bll t:.ILAI~ This site plsn Closs not. repree.em. sctus I surve~. &CALE 1" a ~'-~" .) . .." AREA CALCULATIONS eUIL-DINGJ DATA . ~~~ 18'4" 2",,'~" 38'~" MEAN ROOF I-lEIGI.lT (FT) 6UILDINC:s WIDTI-l (FT) BUILDINGLENGI-lT (FT) Rod' SLOPE (:><::12) A5CEV~8 12~ 1.CV0 e . / - ~.18 ";':11" . . ~CoDE : ;!'WIND veLOCITY" (MFI-l) .rk.'~.". ORTANC.~FACTOR ; }'tf;XFO&UREjCA TEGOR"" ~8iTEfi!NAL PRESsURE COEFFICIENT .ii:t ~pIRECTIONALIT"" FACTOR (Kd) ~~~ . '~~06.. NOT IN AI,:ceQUFONE DEBRle ~GJION S88.iZ'0 SF S88.00 SF 151.5>0 SF GARAGE ATTIC STORAGE BALCON'Y ':l 0.85 212l.5>0 SF TOT AL: . .~~~~;\ ~ :"rtFOUNDATION AND "",.. . . ~?5 T RUe T U R A L NOT E 5 9 SOIL BEARING CAPACIT'Y IS ASSUMED TO BE 25>iZ'0PSI. CONCRETE Sl-lALL COMPL'Y WITl-l ALL Tl-lE REQUIREMENTS OF ASTM 0<34-0\ FOR ALL MEASURING. MIXING, AND T~NSPORTING. ' CONCRETE Sl-lALL MEET DESIGNED COMPRESSIVE~STRENGTl-l AS NOTED ON DRAWINGS WITl-lIN 28 DA'YS. ~ REINF9RCING STEEL Sl-lALL BE ASTM A0\5>, GRADE 00, FY.': 0iZ'~00 pel, DEFORMATION E?ARS IN ACCORDANCE WITl-l Tl-lE LATEST ASTM S.PECIFICATIONS. . RE,INFPRqIN<$ STEEL Sl-lALL BE LAPPED 30 BAR DIAMET~~SMIN. Wl-lERE SPLICED AND SI-lALL .13E EITI-lER SEPERATED 13'Y ONE BAR DIAME.TER OR WIRED TOGETl-lER LAP ALL REINFORCING STEEL AT CORNER SPLICES 30 BAR DIAMETERS MIN. ANt:) STAGGER SPLICES. WELDED WIRE MESI-l 'TO BE LAPPED 0" AT SPLICE ,MIN. CMU'CLEANOUT OPENINGS S4ALL BE. PROVIDED ATTl--lE '13QrTOM OF ALL CONC. FILLED BLOCK CELLS AT EAC\-! LIFT. CLEANOUTS S\-!ALI...,'13E SEALED AFTER CL ANING AND INSPECTION PRIOR TO CONCRETE FLACING. . . ;':'1. . 2. :,:3. ;..:' '.tA. ....;;'~:4. .' .... ~;5>. . \'h.;'- i~' ';..,'0. " , l. ,8. it_ J + __'-'0.__"_ - . ",.., ;; ~ ~- ~,&,:'?" "'-... ~ "~~~~_t'. r--- . .. ~~;!l::~', ' / ..... '/ '-., "\:. '. IGf}; . . tp7< ~,:" i.' i;1 h ~ ::~~ '. ....Y'..\.i.. J::~~::;'~' t...,,,;, " ; .;... .....~ . .~.. . '.,'}- )~:~ .~'r;,. y~ . ... < .;.~ " " ;. : . ~.;'::1., . .~'... )ii. ~ ~......:. ";t:: ".", .": " j;c . ~ ~:;~.~ - 'J~;" 'v .., .,' '<;;":;"" .. / ~. / ~ /Je_ F' i...: ---- !~E!:_~I,:____u_ > ;-3 ;-3 > (j ~ ~ Z ~ C NOTE: ALL MATERIALS 4 FINISHES TO MATCI-l EXiSTING. ~<;;~!:l-_qp.R.b~___ ! ~~fINJkI_FJ.OOR_ . )( 'ft) J..t FRONT ELEVATION &CALE V4-. I' \ .:, -.~* :,~.~~:" !t-r ~ l.~' . ~:~;. --:1., !~E!~~------- ~~5__~b!i--- ~~f~_f!,~- IIIII I 'i L FT S~ i f'. ~ ~ TOP a' IlIAI-L ---------------1 I I ?S~Q5__~~'i_+ I' ~. ;'1 ~ " {- ~f~~-~~ it i GRADE LINE .8i=AR ELEVATION 6CAI.E 114. . ., " ., " ,..1 " --~ .: ::' " ELEVATION ~E!:~l:.uu__ I'<lDGoE YENT1~A T'ON €~EL_~_I,..Ii_-;_ I I ; -~--j-- j , t: I . I ' uu -(T II~ -.~ ! -1' 1 i Ii, I ' I _L J 1 ; i j I --...------- \ ! ; 1 -+-i--f- ! , -0-:-- ; / .I I I I I. I , i i I _lJ I . L_J_ ~~!:'!:lL~_Fh~_ GI'lADE ~INE _L_.J _1_ :~-:-~ I i 'I' 1 ; I ' J JJU Q -j, ,LJ:FT 5ID~EVATION . . . ~;"~\.~ ~:.; ,-> '~~-l~r~' : ;.i/J.:.... '- ...._~ -/ ~. "" .,.,j--:'f ..- --'. .'; .t.. ~lLlAI:!:- llECOND FL~ :oARAG,E FI1::Q&!4 FLOOR '...f' -.., ~,!! . /:,~~: .,":1, '. ., ~! . :'::~r;. .. .... ;l ~. . " ,.~?\,; .:...: ~ ..., -.: . .1 ~,. ... ~ -:~-ml : -~:-I . I; I I i I I 4lD405H I i I I I f 6 ! : I I I j I I ; I j I ;. I I j I I ~l i .j i i I I , I I !! I ; I ; i J_l_~jj~ ! I M-: I! I! I -~- : '_~_' . I : l I i ; j ;! i ! J I ' I ' I I ; I ' i ! ~ DO DO DO DO o ~IT 1fo DO DO ..~ " ./1 I -1' ~IG~T SIDE ELEVATION ~. ~ ~ " - ATTACHMENT E CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING THURSDAY, NOVEMBER 6, 2003 I. CALL TO ORDER The Board of Adjustment Regular Meeting of Thursday, November 6, 2003 was called to order at 7:01 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). Chairman Waters led the Pledge of Allegiance. Roll Call: Chairman Thomas Waters, present Vice Chairman Jack Taylor, absent Board Member Gary Diller, present Board Member John Herbert, present Board Member Sharon Tackaberry, present II. CONSENT AGENDA A. Approval Of The August 7, 2003 Regular Meeting Minutes. Chairman Waters asked the Members of the Board if there were any corrections to the Minutes. "I MOVE THAT WE ACCEPT - AS -. ALL IN FAVOR SAY AYE." MOTION BY CHAIRMAN WATERS. SECONDED BY BOARD MEMBER TACKABERRY. WITH CONSENSUS OF THE BOARD. (CHAIRMAN WATERS INDICATED THAT THE MINUTES PASSED) MOTION CARRIED. III. PUBLIC HEARINGS A. Clifton Glorenflo Requests A Conditional Use To Construct An Accessory Structure Larger Than 240 Square Feet (A Three (3) Car Garage) On Property With A Residential Rural Future Land Use Designation, Located At 230 Arnold Lane. CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - NOVEMBER 6, 2003 PAGE 2 of6 Clifton Gorenflo, 230 Arnold Lane, Winter Springs, Florida 32708: Applicant, Clifton Gorenflo stated earlier that his name is spelled incorrectly on the agenda, correct spelling is Gorenflo. Mr. Gorenflo presented the Board with pictures and the proposed building plans of his residence. "I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE MR. GORENFLO'S CONDITIONAL USE TO CONSTRUCT A 2,127.5 TOTAL SQUARE FOOT DETACHED ACCESSORY STRUCTURE BESIDE HIS HOUSE AT 2030 ARNOLD LANE." MOTION BY BOARD MEMBER DILLER. SECONDED BY BOARD MEMBER HERBERT. DISCUSSION. VOTE: BOARD MEMBER DILLER: AYE CHAIRMAN WATERS: AYE BOARD MEMBER TACKABERRY: AYE BOARD MEMBER HERBERT: AYE MOTION CARRIED. B. Barclay Woods LLC Requests A Conditional Use To Construct Eighty-Eight (88) Town-Homes On 7.56 Acres, Within The C-l Zoning District, Located On The North Side Of State Road 434, At 500 West State Road 434, Just West Of The Entrance To Barrington Estates And The Don King Concrete Office. Thomas Corkery, 759 Bear Creek Circle, Winter Springs, Florida 32708, presented the project to the Board. The project will include an entrance with a fountain, beautiful landscaping, and eighty-eight (88) two-story townhouses - w/garages. Discussion. "I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE THE CONDITIONAL USE TO ALLOW MULTI-FAMILY DEVELOPMENT IN THE C-l NEIGHBORHOOD COMMERCIAL ZONING DISTRICT FOR THIS APPROXIMATELY 7.5 ACRE SITE REFERRED TO AS BARCLAY WOODS." MOTION BY BOARD MEMBER DILLER. SECONDED BY BOARD MEMBER TACKABERRY. VOTE: BOARD MEMBER DILLER: AYE CHAIRMAN WATERS: AYE BOARD MEMBER TACKABERRY: AYE BOARD MEMBER HERBERT: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - NOVE~.mER 6, 2003 PAGE3of6 IV. REGULAR A. Kinder Kampus, Inc., Located At 640 East State Road 434, Requests A Variance To Allow A Monument Sign Within The 10' Sign Setback Set Forth In Section 20- 486. Discussion. Keith & Judy Stokes at 640 State Road 434, Winter Springs, Florida 32708: Owners of Kinder Kampus, Inc. since 1987, presented pictures of property and the importance of his business having a sign. Mr. Stokes stated, "Weare here because of the sign ordinance being changed." Discussion. "I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE THE NEW SIGN BEING IN THE SAME LOCATION OF THE OLD ONE AND AGAIN IT IS BECAUSE OF THE CIRCUMSTANCES THAT WE HAVE HEARD." MOTION BY BOARD MEMBER HERBERT. SECONDED BY BOARD MEMBER TACKABERRY. DISCUSSION VOTE: CHAIRMANWATERS: NAY BOARD MEMBER TACKABERRY: AYE BOARD MEMBER HERBERT: AYE BOARD MEMBER DILLER: AYE MOTION CARRIED. "I WOULD LIKE TO MAKE A FRIENDLY AMENDMENT TO THE MOTION AND CORRECT ME IF I AM WRONG BUT I THINK IT IS OUR POSITION IS TO RECOMMEND TO THE CITY COMMISSION THAT THEY GRANT A VARIANCE OR THAT THEY DO NOT GRANT A VARIANCE THAT WE DO NOT APPROVE IT. I WOULD ASK THAT YOU WOULD CONSIDER AMENDING THE MOTION THAT WE WOULD RECOMMEND TO THE CITY COMMISSION THAT THEY GRANT THE VARIANCE." MOTION BY BOARD MEMBER DILLER. SECONDED BY BOARD MEMBER TACKABERRY. VOTE: CHAIRMAN WATERS: NAY BOARD MEMBER TACKABERRY: AYE BOARD MEMBER HERBERT: AYE BOARD MEMBER DILLER: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - NOVEMBER 6, 2003 PAGE4of6 B. Dr. Pete Corum Requests A Variance To Allow A Monument Sign Within The 10' Sign Setback Set Forth In Section 20-486., For His Office At 620 West State Road 434. Mr. John Baker, AICP, Senior Planner, Community Development Department, read the request for a variance sign setback stating, "Staff has looked at this and do not see any way that we can recommend approval. Also, the staff does not see that they meet the six (6) criteria for the variance. Therefore, the staff has to recommend denia1." Dr. Pete Corum, 620 West State Road 434, Winter Springs, Florida 32708, represented by Kenneth Soday, US Identity Group: Presented pictures of the new sign which is permitted, just does not meet the setback. It fits the criteria other than the 10 foot setback. The building is only 16 feet back from the edge of the right-a-way; from the sidewalk itself. Dr. Corum has owned and operated his business from this same location for twenty (20) years. The new sign ordinance has put a hardship on him to replace the existing sign. Discussion. Board Member Tackaberry stated, "I personally feel we should convey to the City Commissioners that this is one of several, and maybe they should reconsider so that other people do not have to go through all of this. Maybe change the footage with the existing buildings." "I WOULD MOVE - THAT WE - RECOMMEND THAT THEY GRANT - DR. CORUM - A VARIANCE - TO AUTHORIZE THE NEW MONUMENT SIGN TO BE CONSTRUCTED CLOSER THAN 10 (TEN) FEET FROM STATE ROAD 434 RIGHT-OF-WAY WITHIN THE STATE ROAD 434 REDEVELOPMENT OVERLAY ZONING DISTRICT." MOTION BY BOARD MEMBER T ACKABERRY. SECONDED BY BOARD MEMBER DILLER. DISCUSSION. Board Member Diller recommended an amendment to state - 7 feet from the base. "I WOULD LIKE TO AMEND THAT TO READ 7 FEET FROM THE BASE, FROM THE RIGHT-A-WAY." MOTION BY BOARD MEMBER TACKABERRY. SECONDED BY BOARD MEMBER DILLER. CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - NOVEMBER 6,2003 PAGE 5 of6 VOTE: BOARD MEMBER TACKABERRY: AYE CHAIRMAN WATERS: NAY BOARD MEMBER DILLER: AYE BOARD MEMBER HERBERT: AYE MOTION CARRIED. C. Thomas Sign And Awning Requests A Variance On Behalf Of Advance Discount Auto Parts For A Variance From The Sign Requirements Of Section 20-486. For The Retail Facility At 380 East State Road 434. Mr. John Baker, AICP, Senior Planner, Community Development Department, read the request for a variance to replace the existing 16 square feet wall sign to 61 square feet of wall sign to accommodate the new name "Advanced Discount Auto Parts". The staff does not believe they meet all six (6) criteria, and can not recommend approval of this variance request. Discussion. Gregory Davis, 4590 - 118 Avenue North, Clearwater, Florida, from Thomas Sign and A wrung Company representing owners of Advanced Discount Auto Parts, in their request to change the existing sign on their building because of a name change. Gregory Davis presented pictures of the building and what the new sign would look like and passed a color sample to the Board of Adjustment. Mr. Davis informed the Board that the owners of the property are willing to decrease our request from the existing signage request to 44.81 square feet. Discussion. "FOR THE PURPOSE OF OPENING UP TO THE BOARD FOR DISCUSSION, I MAKE THE MOTION THAT WE RECOMMEND DISAPPROVAL OF THIS VARIANCE." MOTION BY CHAIRMAN DILLER. SECONDED BY BOARD MEMBER HERBERT. VOTE: BOARD MEMBER HERBERT: AYE BOARD MEMBER DILLER: AYE CHAIRMAN WATERS: AYE BOARD MEMBER TACKABERRY: AYE MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - NOVEMBER 6, 2003 PAGE 6 of6 . V. FUTURE AGENDA ITEMS None. VI. REPORTS Discussion. VII. ADJOURNMENT "I WOULD LIKE TO MAKE A MOTION THAT WE ADJOURN." MOTION BY BOARD MEMBER DILLER. SECONDED BY BOARD MEMBER HERBERT. WITH CONSENSUS OF THE BOARD. MOTION CARRIED. With consensus of the Board, Chairman Waters adjourned the Meeting at 9:05 p.m. RESPECTFULLY SUBMITTED BY: HOLLY N. PIERSTORFF, ASSISTANT TO THE CITY CLERK; AND PATRICIA SCHRAFF ASSIST ANT TO THE CITY CLERK APPROVED: THOMAS WATERS, CHAIRMAN BOARD OF ADJUSTMENT