HomeMy WebLinkAbout2003 12 08 Regular 500 Kinder Kampus Inc.
City Commission
AGENDA
ITEM 500
CONSENT
INFORMATION
PUBLIC HEARING
REGULAR X
December 8.2003
Meeting
MGR. .~
Authorization
DEPT.
ff
REQUEST: The Community Development Department recommends the City Commission
hear a request by Kinder Kampus, Inc. for an approximately 8 foot variance from Section 20-
486 (please see Ordinance No. 2000-17) of the City Code of Ordinances, to authorize a neV;r
monument sign to be constructed approximately 2 feet from the SR 434 ROW - closer than 10'
from the SR 434 right-of-way (ROW), within the SR 434 Redevelopment Overlay Zoning
District.
PURPOSE: The purpose of this agenda item is to consider a request by Kinder Kampus, Inc.
for a variance from Section 20-486 ofthe City Code of Ordinances to allow them to replace the
existing non-conforming monument sign with another monument sign at 640 East SR 434.
The applicant contends that, given the location of the building, the intersection, the subdivision
entrance features, and the large existing tree, there is no other place in the SR 434 ROW for a
monument sign that would not be in conflict with the 10 foot setback [from the property line]
requirements.
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.
December 8, 2003
Regular Item 500
Page 2
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
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 ofrights commonly enjoyed by other
properties in the same zoning district under the terms of this
chapter and would work unnecessary hardship on the applicant;
5. That the variance granted is the minimum variance that will
make possible the reasonable use of the land, building or
structure;
6. That the grant of the variance will be in harmony with the
general intent and purpose of this chapter, will not be injurious to
the neighborhood, or otherwise detrimental to the public welfare.
(2) In recommending the granting of any variance, the board of adjustment may
recommend appropriate conditions and safeguards. Violations of such
conditions and safeguards, when made part of the terms under which the
variance is granted, shall be deemed a violation of the chapter. The board
of adjustment may recommend a reasonable time limit within which the
action for which the variance is required shall be begun or completed, or
both.
Sec. 20-103. Restrictions upon lands, buildings and structures.
(c) Percentage of occupancy (lot). No building or structure shall be erected.. .nor shall any
open space surrounding any building or structure be encroached upon or reduced in any
manner except in conformance with the building site requirements... for the district in which
such building or structure is located.
December 8, 2003
Regular Item 500
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 ofthe development and businesses within the
development shaUbe permitted. For development with five hundred (500) feet of frontage or
more on a major road, one additional sign may be permitted. The minimum separation for all
signs on an individual ownership parcel shall be two hundred (200) feet and:
a. Shall only advertise the name of the commercial development companies, corporation
or major enterprises within the commercial development. The primary address of the
building shall be incorporated into the sign with numerals/letters a minimum of eight
(8) inches in height, but the address shall not be counted against allowable copy area.
b. Shall be located no closer than ten (10) feet from front, side, or rear property lines.
c. Shall have a maximum of two (2) faces.
d. Shall be consistent in design, format and materials with the architecture of the proposed
building(s).
e. A wall sign shall not be higher than eight (8) feet above the closest vehicular use area.
f. Landscaping shall be incorporated around the base to include low growing shrubs and
ground cover and/or annuals to promote color.
g. Signs shall be in accordance with the following schedule:
Building Size Maximum Copy Area
(Gross Floor Area)
Under 75,000 SF 32 SF
Maximum Height
12 feet
(2) Ground mounted single-tenant identification sign: One (1) wide-based monument style
permanent project identification sign shall be permitted per single-tenant parcel. One
additional permanent wide-based monument style project identification sign may be permitted
for parcels in excess of one (1) acre with more than one (1) ingress/egress serving more than
one (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.
December 8, 2003
Regular Item 500
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 were to 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, former Community
Development Director Charles Carrington sent each property owner with a sign
in either of the SR 434 districts.
The subject site has C-I Zoning, a Commercial Future Land Use designation,
and is located within the SR 434 Redevelopment Overlay Zoning District. The
applicant proposes to replace an existing non-conforming sign with a monument
sign. The monument sign would encroach into the applicable 10' sign setback.
The City Commission has granted at least one variance to save trees ( Paul
Starks building setback variance). Staff cannot recommend granting a variance
request that does not meet the six variance criteria, although the Development
Review Committee did form a consensus that this was a unique situation and
that special consideration should be given to efforts to maintain the line of sight
at the intersection and to save such a large existing tree.
FINDINGS:
l).The subject site, 620 W. 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.
December 8, 2003
Regular Item 500
Page 5
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.
4).On or about October 9,2003, the variance application (incomplete abutters
list) was received by the City.
5).The Board of Adjustment is 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 all ofthe six criteria for a
vanance:
1. there are 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 (existing subdivision entrance features, intersection,
and the tree);
2. special conditions and circumstances are not the result of the actions
of the applicant;
3. granting the variance requested might convey on the applicant
special privileges that is denied by this chapter to other lands,
buildings or structures in the same overlay zoning district;
4. a literal interpretation of the provisions of this chapter would not
deprive the applicant of rights commonly enjoyed by other
properties in the same overlay zoning district under the terms of
this chapter and would not work an unnecessary hardship on the
applicant;
5. the variance requested is not the minimum variance that will make
possible the reasonable use of the land, building or structure; and
6. granting the variance requested would not be in harmony with the
general intent and purpose of this chapter and would undermine the
Code, which could be injurious to the neighborhood, or otherwise
detrimental to the public welfare.
7). A financial hardship does not constitute a hardship in terms of granting a
vanance.
8). At its May 12, 2003, meeting, the City Commission voted to allow affected
property owners apply for a sign variance without paying the $500 variance
fee.
9). The proposed sign does not meet the 10 foot setback from the adjacent
property line, as set forth in Subsection 20-486 (1) (b) of the City Code of
Ordinances.
December 8, 2003
Regular Item 500
Page 6
9). The proposed sign does not meet the 10 foot setback from the adjacent
property line, as set forth in Subsection 20-486 (1) (b) of the City Code of
Ordinances.
BOARD OF ADJUSTMENT ACTION:
At its regularly scheduled meeting of November 6,2003, the Board of Adjustment voted 3-1 to
recommend the variance be granted, citing unique circumstances (e.g. tree, corner lot sight
triangle, and existing subdivision entrance features).
RECOMMENDATION:
Staff recommends 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, although
staff believes this is a unique situation with the existing tree, the subdivision entrance features,
and the corner lot line of sight safety issues. A majority of the Board of Adjustment voted to
recommend approval.
CITY COMMISSION ACTION:
ATTACHMENTS:
A - Ordinance No. 2000-17
B - Variance application & map
C - Picture/rendering of signage
D - Board of Adjustment draft minutes
t '.
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 lNTO
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 fltlanciaf
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 folIows:
(underlined type indicates additions and strikeout type indicates deletions, while asterisks (* *. *)
indicate a deletion from the Ordinance of text existing in Section 20-454 and Section 20-466. It is
. intended that the text in Section 454 and Section 20-466 denoted by the asterisks and set forth in this
Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance).
Section 20-454 Signs.
* * *
(r) Nonconforming Signs.
(1) Any sign, other than billboards, Ravtng--ftfl-BAgtAal cost iA-excess of one hundred
(-$+(}Gt-6ej.\aFS-afl6 which is nonconforming as4e-perm~a--er-an.y other reason
whiefl-wel:H€l-ncccssitnre-the-OOm~lete-remeva4-eF-teffiH:e~l-aeementof the sign, shall be .
amortized and may be maintained until November 14, 2002 .a-peFied of fmm onc( I) to
Cily of Wi liter Sprillgs On.lilllltlee No. 2000.17
Page I or 4
2
twe--(-B--Yea:fS ft:em the cffectivc datc OHhese-6estg-n-sHlfl~aF6s. T-he-term-ef-yeaFs to be
~eEeffAffiea-ey--tfle-c-est--ef-tfle-sign or of renevattoo~Aelt:l4iHg-i-ASlaltatfetr,-ShaU-be-as
fe/.lews-:-
Grigi-ool-SigH-OOst-er
R:enevation Cost
Permitted Years--fFem
Effective Date of.Design. 8tandar~s
$0 $3,OGO
~91 $10,000
G't'er $10,000
2
3
5
(2) Any owner of tl sign who desires to rely upon an amortization period longer than
three(J) years shall file with the City within one (I) year from the effeotiye date of
these design standards, a statement setting forth the cost and date of the most reoent
FefleVattefl;-afld a written agreement to remove or bring into oonforlnance the
nonconferming sign at or prior to the 0}cpifation of the amortization period applicable
to that sign. The maximum period to amortize a sign shall be five (5) years.
At or prior to November 14. 2002. all nonconforming signs shall be removed and
may be replaced with signs that conform to the design standards set forth in the S.R.
434 New Development regulations..
(3) Violations shall be subject to Chapter 2, Article 3. Division 2 Code Enforcement,
City of Winter Springs Code of Ordinances.
Section 20-466 Signs
* * *
( r) Nonconforming Signs.
( I ) Any sign, other than billboards, having an original cost in excess of one hundred
EU9~eltars and which is nonconforming as to permitted sign area or any other reason
.....hich "'/ottl4-flecessitatc the complete removal or replaeement of the sign, shall be
amortized and may be maintained until November 14, 2002. a period of from one (1) to
five (5) years from the effeotive date of these design standards. The term of years to be
~etermtAe6-by-tfle cost ofth~oovatien,--ffiel\:lding installatien cost, shall be
as--ful1ews-:-
City of Wi liter Sprillgs Ordinallce No. 2()()(I-17
('uge 2 of 4
J
Gflg-iflal Sign cost or
Renovation Cost
Perrni.HeEI~FS-frem
Effective Date of Qesign Standards
$G-te~O
~,OOI to $I~GO
Over $IO,OGO
2
3
5
"
(2) I\ny owner of a sign who desires to relay uporrafHlmertiZ:ation period longer than
three (3 )-yeaFS--Shall file "'lith the City 'mthin one (I) year from the effective9ate of these
design standards, a statement setting forth the cost and date of the most recent
renovatien, and a written agreement to remove or bring into conformance the
nonconforming sign at or prior to the expiration of the amortization period applicable to
tflat-sign. The mmcimum period to amortize a sign shall be five (5) ye&fST
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 resolutions
in conflict herewith, are hereby repealed to the extent of the conflict.
Section 3. Incorporation Into Code. This ordinance shall be incorporated into the Winter
Springs City Code and any section or paragraph number or letter and any heading may be changed
or modified as necessary to effectuate the foregoing.
Section 4. Severability. Ifany section, subsection, sentence, 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 vali~ity 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 or Winter Springs Ordinance No. 2000-17
Page J or 4
, I,
4
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the ~ day of June V~i
Paul P. Partyka, Mayor
ATTEST:
APPROVED AS TO LEGAL FORM AND SUFFICIENCY
FOR Y OF )YINTER SPRINGS ONLY:
/1/' &/
Anthony A. Garganese,City Attorney
First Reading:
Second Reading:
Effective Date:
City or Winter Springs Ordinance No. 2000-17
Page 4 or 4
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FOR:
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ATTACHMENT B /QUD;)
it.ece~~\ED
SEP (5' 2003
." SPRINGS
OF WIN noR. maria
"",CITY 't\'I~~-Dag
.. perml ""
.BOARD OF ADJUSTMENT APP~ICATION
CITY or WINTER SPRINGS
1126 EAST S~ATE ROAD'*34
WINTER'SPRINCS, FL .32708'-2.799
(407)327-1900
x
SPECIA~ EXCEPTION
V1\'RIANCE
'CONDITIONAL USE
ADMINISTRATIVE DECISION
1. APPLICANT:
2
3. ATTACH A COPX OF THE PARCEL
is.
5, ATTACH LEGAL'DESCRIPTION.
6. T~X.PARCEL IDENTIFICATION NUMBER:
sct'- Z~'lo" 20 I
7. LOCATION 'OF PARCEL (Street )\d'dress. and/or:Neare,gt Cross
Streets) :
S. PRESENT ZONING:
Cl
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FUTuRE .1MID uSE: ~'l -~ __ '~1L.~1"
By Signing below' I understand that City of Hinter Springs Officials
may ~nter upon my property to inspect that portion. as relates to
this application;
(If the applicant is not the O\-lner of the subject property, the
applicant must' at.t.ach a letter of authorization signed by the
owner) .
~EiTh ~~b,/ STO~S
ORN~;:'E: TYPE " J:x.LJ ~
O"NE~~;~rz /
PERSbNS ARE ADVISED THAT, IF THEY DECIDE T6 AP~EAL ANY,'bECISIONS
HADE }l.'l'THESE I1EE.T!NGSIHEARINOS, THEY HItL .NEED A. RECORD Of' THE
PROCEEDiNGS AND FOR SUCH PURPOSE, THEY WILL NEED TO INSURE THAT A
VERBArIH'RECORO OF THE PROCEEDINGS IS HADE, 'AT'THEIR 'COST, WHICH:
INCLUDES THE TESTIMONY AND'!VIDENCE UPON NHICH 'THE APPEAL IS TO BE..'~
8ASED, PER SECTION 286.0105, FLORIDA STATUTES "
seCTION 20-84 - APPEALS FROM DECI~IONS OF THE BOARD or ADJUSTMENT
(1) Any person, or persons. jointly or severally agg'deved by
any decision of the Board of Adjl.lstment may, \.I1thin thirty (30)
days after the filing of any decision in the office of the Board of
Adjustment, but not thereafter, apply to' the City COllncil fo;;
administrative ~elief. After a hearing'before the City Council an
aggrieved party may, within thirty (30) aays after the decision of
'the C.i,ty' Council, file an appeal \-lith a Court ot competent
Jurisdiction over the subject matter,'
.....1..
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APPLICATION INSTRUCTIONS'
A staH: Report will be cleveloped fat" each' Appl icatitin, The
Applicant should be pr'epared to address each of the issues provided
below fOF Variance reqU~9ts,
In ~rder to grant a variance. th~ ,Board of Adjustment must ~ake the
fOllowing findings of fact:
1. That s17ecial'conditions and circ~m~~~nces e)(ist which are
pecul iar to th,e ~ and. struct~~e.9 o. ~l''' ~~;~gS .ioval ved and
which are' not aDDI ioabl e td- a~~et' _a___ '. ~ruetures or
buildil1(fS ill the same zo~inq _ist~_ct , .'. ' '
2. Th.at special conditions aanad' dz:cumsta"nces do not re..9ult
trom the 'action:! of the a~pl 1.__nt I. . '
3. Ihat qranti'nq the v~~ia~~~ re~~e9ted ~ill not eon;er on,
t~A ;p;licant ny .9;~ci p.~.ile".., ts\at ~s den~~d by th~s
c~~rtez:" ~o ~t at' lands. bUildinqs or rue ures, the so. e
Z.2.rr!nq. d.l.3tr.1c~ '. :,"
4, . That.. literal interpretauo,;;: of t~e f)rov~sio:;f of t~
C'~a~~er would d orive' the ~PPl.ica..t ~~ rJ.Qhtt c~T~onJY en10Yed
h... ~th~r ~~opertie.s 11\_ t e S~lT1e Zk"~n~ ~Hr:i:t. ~nder the
term: of this eha~tl!lr ,and woul wot' n ee ssar 'ha dship on
~he ap'prieant. ,
5. ~ th61 V'lJ:'1.anee aranted is t/1; minimum' variance that,
11111 make Dossibh. th; r~~;'o;abl e use f .ihe' 1 ansa..: buildina o..r
.sfructuu.,. , , .' , "
5. .. T~~t t:~~ a!ant of the varianoe ~H1 ~f ~fharmonY ilith
t~~~rf~' i~te~t' \d p*ho,;e ~~ t~~s ~~~p~:r ~ wi 11 not
~~i.ur;ous ~o ~he ~ iohb ood. r 0 erw t lmental to
E-ublic 'walfa:E'e, ", ," ": .
tg~
the
7, . 'J:te, ','eouest.,must he ;fnsi;t:~t with the obiectives anq
.!:lol ~~es c,t the .ComPl."ehen__ve -J __ '
THE APPLICANT IS RESPONSIBLE FOR PROVIDING THE CITY WITH THE NAHES
AND ADDRESSES OF fACH PROPERTY OrlNER, FoI I-TIHN '15.0 FT" OF EACH
PROPERTY LINE BY -rm; SCHEDULED TIME.
. .
~ , '.
THE APP~ICANT IS ~ESPONS.tBI.1i; TO POST THE 'BLUE NOnCE C~RD ON THE ;
SIN.' AT, [,EAST SEVEN DAYS PRIOR TO '1'HEBOARD OF :ADJUSTMENT HEETIHO ,.' '.'
AT WHICHTlfE MATTER IorILL a~ CONSIDERED: SAID.NOTICE SHALL N0T 13F:""
POSTED WITHIN THE CITY RIGHTS-OF~WAY, '
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To the City of Winter Springs
Attention Ms. Max Epstein
From Keith and Judy Stokes
Owners of Kinder Kampus
640 St. Road #434
Winter Springs, Fla.
The purpose ofthis letter is to request a varience to place a new sign as requested by the city on the above
mentioned address.
Please notice on the survey submitted previously that the approximate set back of the existing building is
25 feet. In addition to this there is a fully grown tree in the front yard area between the sidewalk and the
building. It is just to the side of this tree where the old sign now stands and it is in that area that would be
the most practical place for the new sign to be constructed.
The plans for the new sign have been submitted by our sign company and to our knowledge it meets all
requirements of the city.
We have attached a second sheet to this letter giving the information of the names and addresses of
properties within 150 feet of Kinder Kampus.
We respectfully request this varience to place our sign in an area of best exposure and still meet the
requirement of the city.
We have been business owners in the city since 1987. We always try to comply with any and all regulations
and keep our grounds and building in the condition condusive to the requirements ofthe City of Winter
Springs.
Thank you for your consideration in this important matter.
S.inl;(erely
.h~. "(.~iJ- "xi p.IL<!.d
tJ,~ .' .
~ .dJ~/~
Keiti/and Judy Stokes
Names and Addresses within 150' of Kinder Kampus:
506 State Road 434-vacant
541 State Road 434-Papa Tony's
650 State Road 434-Karen Lieskowyak
660 State Road 434-vacant
670 State Road 434-vacant
550 State Road 434-Cumberland Farms
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DESCRIPTION: NORTGAGESURVEY
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JOB NO:' 875280
DATE:
Nov, 30, 1987
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FOR:
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ATTACHMENT b
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CITY OF WINTER SPRlNGS
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-1 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 - NOVEMBER 6, 2003
PAGE 3 of6
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, "We are 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:
CHAIRMAN WATERS: 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:
CHAIRMANWATERS: 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 denial."
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
Awning 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