HomeMy WebLinkAbout2003 12 08 Regular 501 Non-Conforming Pole Sign Replacement for Dr. Corum
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City Commission
AGENDA
ITEM 501
CONSENT
INFORMATION
PUBLIC HEARING
REGULAR X
December 8,2003
Meeting
MGR. //r
Authorization
DEPT.
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REQUEST: The Community Development Department recommends the City Commission
hear a request by Dr. Pete Corum for a 3 foot variance from the 10 foot setback requirement of
Section 20-486 (please see Ordinance No. 2000-17) of the City Code of Ordinances, to
authorize a new monument sign to be constructed within the SR 434 Redevelopment Overlay
Zoning District.
PURPOSE: The purpose of this agenda item is to consider a request by Dr. Pete Corum for a
variance from Section 20-486 of the City Code of Ordinances to allow him to replace his
existing non-conforming pole sign with an illuminated monument sign at 620 West SR 434.
Dr. Corum contends that, given the location of the office building, 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 501
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 of rights commonly enjoyed by other
properties in the same zoning district under the terms of this
chapter and would work unnecessary hardship on the applicant;
5. That the variance granted is the minimum variance that will
make possible the reasonable use of the land, building or
structure;
6. That the grant of the variance will be in harmony with the
general intent and purpose of this chapter, will not be injurious to
the neighborhood, or otherwise detrimental to the public welfare.
(2) In recommending the granting of any variance, the board of adjustment may
recommend appropriate conditions and safeguards. Violations of such
conditions and safeguards, when made part of the terms under which the
variance is granted, shall be deemed a violation of the chapter. The board
of adjustment may recommend a reasonable time limit within which the
action for which the variance is required shall be begun or completed, or
both.
Sec. 20-103. Restrictions upon lands, buildings and structures.
(c) Percentage of occupancy (lot). No building or structure shall be erected.. .nor shall any
open space surrounding any building or structure be encroached upon or reduced in any
manner except in conformance with the building site requirements... for the district in which
such building or structure is located.
December 8, 2003
Regular Item 501
Page 3
Sec. 20-486. Signs.
All signs and sign elements, including shape, form, lighting, materials, size, color and location
shall be subject to approval by the design review board if such signs or sign elements are
visible from adjacent properties or a street right-of-way.
(1) Ground mounted multi-tenant or project identification sign: For each multi-tenant
development under separate ownership, one (1) wide-based monument style permanent sign
with landscaped base identifying the name of the development and businesses within the
development shall be permitted. For development with five hundred (500) feet of frontage or
more on a major road, one additional sign may be permitted. The minimum separation for all
signs on an individual ownership parcel shall be two hundred (200) feet and:
a. Shall only advertise the name of the commercial development companies, corporation
or major enterprises within the commercial development. The primary address of the
building shall be incorporated into the sign with numerals/letters a minimum of eight
(8) inches in height, but the address shall not be counted against allowable copy area.
b. Shall be located no closer than ten (10) feet from front, side, or rear property lines.
c. Shall have a maximum of two (2) faces.
d. Shall be consistent in design, format and materials with the architecture ofthe 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 501
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-1 Zoning, a Commercial Future Land Use designation,
and is located on the north side of SR 434, at the northwest corner of its
intersection with Bombay Avenue, within the SR 434 Redevelopment Overlay
Zoning District. The applicant proposes to replace an existing non-conforming
pole sign with a monument sign. The monument sign would encroach into the
applicable 10' sign setback.
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.
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.
December 8, 2003
Regular Item 501
Page 5
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 of the six criteria for a
variance:
1. there are no conditions or circumstances peculian- to the land,
structure, or buildings which are not applicable to other lands,
structures, or buildings in the same SR 434 Redevelopment Overlay
Zoning district;
2. special conditions and circumstances are likely the result of the new
ordinance;
3. granting the variance requested would convey on the applicant
special privileges that is denied by this chapter to other lands,
buildings or structures in the same overlay zoning district;
4. a literal interpretation of the provisions of this chapter would not
deprive the applicant of rights commonly enjoyed by other
properties in the same overlay zoning district under the terms of
this chapter and would not work an unnecessary hardship on the
applicant;
5. the variance requested is not the minimum variance that will make
possible the reasonable use of the land, building or structure; and
6. granting the variance requested would not be in harmony with the
general intent and purpose of this chapter and would undermine the
Code, which could be injurious to the neighborhood, or otherwise
detrimental to the public welfare.
7). A financial hardship does not constitute a hardship in terms of granting a
vanance.
8). At its 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. \.
10). Conclusion: Other than some minor landscape adjustments, there do
not appear to be any obstacles preventing a sign of different dimensions
other than that being proposed from being located consistent with the 10
foot setback requirement.
December 8, 2003
Regular Item 501
Page 6
BOARD OF ADJUSTMENT ACTION:
At its regular November 6, 2003, meeting, the Board of Adjustment voted 3-1 to recommend
approval of the variance. The majority felt that the request met the variance criteria.
RECOMMENDATION:
Staff recommends that the recommend that the City Commission deny the variance request
pursuant to the six variance criteria set forth in Subsection 20-82 (1 ) (c) of the City Code of
Ordinances. A majority of the Board of Adjustment voted to recommend approving the
variance request.
CITY COMMISSION ACTION:
ATTACHMENTS:
A - Ordinance No. 2000-17
B - Variance application & map
C - Picture/rendering of signage
D - Board of Adjustment draft minutes
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ATTACHMENT A
ORDINANCE NO. 2000-17
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA AMENDING THE
CITY OF WINTER SPRINGS CODE OF ORDINANCES,
SECTION 20-466 AND SECTION 20-454 DEALING WITH
SIGNS ALONG S.R434; PROVIDING FOR THE REPEAL OF
PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS; PROVIDING FOR INCORPORATION INTO
THE CODE; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of Winter Springs created a special overlay zoning district
to encourage and provide for enhanced property development within the S.R. 434. commercial
corridor, and
WHEREAS, the City Commission of Winter Springs desired to reduce visual distraction
through uniform sign criteria, and
WHEREAS, The City Commission of Winter Springs recognizes that existing businesses
within the overlay.district may have nonconforming 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 follows:
(underlined type indicates additions and strikeout: type indicates deletions, while asterisks (* * *)
indicate a deletion from the Ordinance of text existing in Section 20-454 and Section 20-466. It is
. intended that the text in Section 454 and Section 20-466 denoted by the asterisks and set forth in this
Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance).
Section 20-454 Signs.
* * *
(r) Nonconforming Signs.
(I) Any sign, other than billboards, fla.vtAg--tlfl-eAgtAal cost in e)(cess of one-mm4=ed
f$-J49j-eeUafS-afld which is nonconforming llS-W--peflllitted sigA-area or any other rcason
whiefl.-wewa neoessitate th~l'Ilf)lete rem&rat--Br-t:et:aI-re~laeemen~e-sigR, shall be
amortized and may be maintained until November 14.2002 .a-peFied of from oneel) to
City of Winter Springs Ordinance No. 2000-17
I'lIgc I or 4
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2
tWe-(-B-YeafS fi--BAHAC cffcctivc datc of'-t-Aese-6estgtr-Sfa-Rdar-ds. The term of years to be
aeteFAti-Aea-ey--tfle cost of the--s-igA or of rCAe-vat~(}It;-iAetuEHAg-iflstallation, shall bc as
full(}ws-;.
GFigi-flahS.igH--BOOt or
R:eflevat-i 0 n Co st
PCFmittcd Y caFS--frem
Effcctivc Datc of Design Standards
$0 $3,000
$3,G0 I $10,000
Ovcr $10,000
2
3
5
(2) Any ovmer of a sign who desires to rely upon an amortization period longer than
three(J) years shall file with the City '.vithin one (I) year from the effeotive date of
tflesc design standards, a statement-setting forth the oostand date of the most reoent
Feflevation, and a written agreement to remove or bring into oonformance the
nonconforming sign at or prior to the expiration of the amortization period applicable
to that sign. The maximum period to amortize a sign shall be five (5) years.
At or prior to November 14. 2002. all nonconforming signs shall be removed and
may be replaced with signs. that conform to. the design standards set forth in the S.R
434 New Development regulations.
(3) Violations shall be subject to Chapter 2, Article 3. Division 2 Code Enforcement,
City of Winter Springs Code of Ordinances.
Section 20-466 Signs
* * *
( r) Nonconforming Signs.
( I ) Any sign, other than billboards, flaying an original oost in exocss of one hundred
($-WQj-Bollars ana-which is nonconforming as to 'permitted sign area or any other reason
whioh '.vol:tlEi-Recessitate the oomplete removal or replaoement 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
aeteFmtflea by the cosktftfle-sign or of renovatiOlr,-ffietuEHng instaHatioo cost, shall be
as--fullews-;.
Cily or Winter Springs Ordillll1lce No. 20()(J.17
I'lIgc 2 or 4
...
.,
J
Original Sign oost-Br
RenovatieA-Gost
Permitted Years from
Effective Date of Design Standaffis
$0 to $3,000
~,o0 I to $1 O,GOO
G-veF $10,000
2
3
5
"
(2) Any owner of a sign \.."ho desires to rclay upon an amortization period longcr than
three (3) years shall file '..vith the City vllthin one (1) year from the effective .~ate of these
aesign staAdards, a statement setting forth the cost and date of the most recerit:
feflovation, and a written agreement to remove or bring into conformance the
nonconformtAg sign at or prior to the expiration of the amortization period applicable to
that sign. The maximum period to amortize a sign shall be fiyc (5) yeaf57 .
At or prior to November 14, 2002, all nonconforming signs shall be removed and
may be replaced with signs that conform to the design standards set forth in the S.R
434 Redevelopment regulations.
(3) Violations shall be subject to Chapter 2. Article 3. Division 2. Code Enfon;;ement,
City of Winter Springs Code of Ordinances.
Section 2. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent
ordinances and resolutions adopted by the City Commission, or parts of ordinances and 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 validity of the
remaining portions of this ordinance.
Section 5. Effective Date. This Ordinance shall become effective immediately upon adoption
by the City Commission of the City of Winter Springs, Florida.
City or Winler Springs Ordinance No. 2()(JO-17
Pagc J or 4
.' t!
4
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the ~ day of June . ~~o<
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 Willler Sprillgs Ordillallce No. 2000-17
Page 4 or 4
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N~j~Jl ATTACHMENT B
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.BOARD OF ADJUSTMENT APPLJCATIO~ n 2tl\l3
CITY OF WINTER SPRINGS OCl 0 ~
1126 EAST STATE ROAD 4:34 lERSPRIHGS
WINTER'SPRINGS, FL .32708':'2799 C\'1-~~~~_oagma09
(407)327-1800
FOR:
r
V
SPECIAL EXCEPTION
VARIANCE
'CONDITIONAL USE
ADMINISTRATIVE DECIS10N
c:-- / j 0/13 tJ:IJ ~
........... 1.
ADDRESS:
~3, ATTACH A COPX OF THE PARCEL SURVEY,
.'-4. ATTACH AN 11 x 17 MAP SHOWING THE SUBJECT PROPERTY AND
SURROUNDING PARCELS.
~5, ATTACH LEGAL'DESCRIPTION.
--., 6. TAX PARCEL IDENTIFICATION NUMBE~:.5 '1---2.-'-0-' .3'Z)- ..s-/o - 2boo.
'--- 7. LOCATION 'OF PARCEL (Street Address
Streets) : tJ. :; <J- to- 73<..t TYl by A.vE'.
and/or <Nearest Cross
. 'I
."->8. PRESENT ZONING: C-I
FUTURE .LAND USE: COm~'!J1C,IIJc.
By Signing below' I understand that City of Hinter Springs officials
may enter upon my property to inspect that portion. as relates to
this application:
(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'rHAT, IF THEY DECIDE TO APPEAL ANY.. DECISIONS
MADE AT THESE MEE.TINOSIHEARINGS, THEY WIt.L .NEED A RECORD OF THE
PROCEEDiNGS AND FOR SUCH. PURPOSE, THEY WILL NEED TO INSURE THAT A
VERBATIM.RECORD OF THE .PROCEEDINGS IS MADE, .AT.THEIR 'COST, WHICH:
INCLUDES THE TESTIMONY AND'EVIDENCE UPON WHICH THE APPEAL IS TO .BE .,'
BASED, PER SECTION 286.010~, FLORIDA STATUTES..
SECTION 20-84 - APPEALS FROM DECI~IONS OF THE BOARD OF ADJUSTMENT
(1) Any person, or persons, jointly or severally agg'rieved by
any decision of the Board of Adjustment may, within thirty (30)
days after the filing of any de~ision in the office of the Board of
AdjUstment, but not thereafter, apply to. th.e. City Council, for
administrative relief, After a hearing before the City Cou~cil an
aggrieved party may, within thi.rty (30) days after the decision of
the City Council, file an appeal with a court of competent
jurisdic.tion over the subject matter.
......;.
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APPLICATION INSTRUCTIONS' ;
A Staff, Report will be developed for each' Application, The
Applicant should be piepared to addres~ each of the issues provided
below fOf Variance requests.'
In ~rder to grant a
the,Board of AdjUstment must make the
exist which are
s "invol ved and
o.r
stances do ot result
the
be
f
4le~ cOlfE'c0/c?..f
THE APpLICANT IS RESPONSIBLE FOR PROVIDING THE CITY HITH THE NAMES
AND ,ADtiRESSES OF EACH PROPERTY OHNER, H lTH IN' 150 FT" OF EACH
PROPERT~ LINE BY THE SCHEDULEb TIME.
THE APP'ICANT IS RisPONSiBLE TO POST THE BLUE ~OTI~E CARD ON THE '
~ .,r
SITE AT LEAS,!, SEVEN DAYS PRIOR TO THE BOARD OF' ADJUSTMENT MEETING,',
AT HHICHTHE MATTER HILL BE CONSIDERED: SAID NOTICE SHALL NOT BE .'
POSTED HITKIN THE CITY RIGHTS-OF~HAY. '
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ATTACHMENT D
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 of 6
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 T ACKABERRY : AYE
BOARD MEMBER HERBERT: AYE
MOTION CARRIED.
B. Barclay Woods LLC Requests A Conditional Use To Constnnct Eighty-Eight
(88) Town-Homes On 7.56 Acres, Within The C-1 Zoning District, lLocated 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, "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:
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 T ACKABERRY.
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
V ARIANCK" 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:
HOLLYN. PIERSTORFF, ASSISTANT TO THE CITY CLERK; AND
PATRICIA SCHRAFF
ASSIST ANT TO THE CITY CLERK
APPROVED:
THOMAS WATERS, CHAIRMAN
BOARD OF ADJUSTMENT