HomeMy WebLinkAbout2003 01 13 Regular D Non-Conforming Pole Sign
COMMISSION AGENDA
ITEM D
CONSENT
INFORMATIONAL
PUBLIC HEARING
REGULAR X
January 13.2003
Meeting
MGR. ~/DEPT /~
Authorization
REQUEST: The Community Development Department recommends the City Commission
hear a request by the Winter Springs Food Market, Inc., for a variance from Section 20-486 of
the City Code of Ordinances, to allow an existing non-conforming pole sign to remain within
the SR 434 Redevelopment Overlay Zoning District.
PURPOSE: The purpose of this agenda item is to consider a request by the Winter Springs
Food Market, Inc., for a variance from Section 20-486 of the City Code of Ordinances to
allow the existing non-conforming pole sign to remain at the business at 147 West SR 434.
Although not articulated in the application, the applicant stated at the December 5, 2002, Board
of Adjustment meeting that he requests the variance only for the location of the sign - setbacks
from both the front and side property lines - that the height and area of the sign will be re-built
to Code. The applicant believes that, due to the proximity of the adjacent Public Storage
building, which encroaches into the building setback area, any other sign location compromises
visibility from SR 434.
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.
January 13, 2003
Regular Item D
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 ofthe 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 ofthis 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.
January 13,2003
Regular Item D
. 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 shall be permitted. For development with five hundred (500) feet of frontage or
more on a major road, one additional sign may be permitted. The minimum separation for all
signs on an individual ownership parcel shall be two hundred (200) feet and:
a. Shall only advertise the name of the commercial development companies, corporation
or major enterprises within the commercial development. The primary address of the
building shall be incorporated into the sign with numerals/letters a minimum of eight
(8) inches in height, but the address shall not be counted against allowable copy area.
b. Shall be located no closer than ten (10) feet from front, side, or rear property lines.
c. Shall have a maximum of two (2) faces.
d. Shall be consistent in design, format and materials with the architecture of the proposed
building( s).
e. A wall sign shall not be higher than eight (8) feet above the closest vehicular use area.
f. Landscaping shall be incorporated around the base to include low growing shrubs and
ground cover and/or annuals to promote color.
g. Signs shall be in accordance with the following schedule:
Building Size Maximum Copy Area
(Gross Floor Area)
Under 75,000 SF 32 SF
Maximum Height
12 feet
(2) Ground mounted single-tenant identification sign: One (1) wide-based monument style
permanent project identification sign shall be permitted per single-tenant parcel. One
additional permanent wide-based monument style project identification sign may be permitted
for parcels in excess of one (1) acre with more than one (1) 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.
January 13, 2003
Regular Item D
Page 4
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.
f. The sign shall not be more than eight (8) feet in height above the closest driveway or
vehicular use area.
g. Signs shall be in an enclosed base a minimum width of two-thirds (2/3) the width of the
sign. Landscaping shall be incorporated around the base to include low growing shrubs
and ground cover and/or annuals to promote color.
Ordinance No. 2000-17 (please see attached)
CONSIDERATIONS:
On November 10, 1997, the City Commission adopted Ordinance No. 683,
which, among other things, created the SR 434 Redevelopment Overlay Zoning
District. It also set forth standards for signage and provided a 5-year maximum
amortization period for signs that were not in compliance with the new
standards. On June 12,2000, the City Commission adopted Ordinance No.
2000-17, which provided that any sign, other than a billboard, could be
amortized and maintained until November 14,2002. At or prior to November
14,2002, all nonconforming signs must be removed and may be replaced with
signs that conform to the design standards set forth in the S.R. 434
Redevelopment regulations. All directly affected property owners'were notified
at or about the time Ordinance No. 2000-17 was adopted.
As a reminder of the up-coming deadline, on July 26,2002, Community
Development Director Charles Carrington sent each property owner with a sign
in either of the SR 434 districts.
The subject site has C-l Zoning, a Commercial Future Land Use designation,
and is located within the SR 434 Redevelopment Overlay Zoning District.
The Board of Adjustment acted on the verbally amended request for a variance
to only the setback requirements (10 feet from the front and side property
boundaries - requesting 2 foot setbacks at both the front and side), articulated
how it believed that the request met the variance criteria, and voted to
recommend that the variance request be approved.
FINDINGS:
1 ).The subject site, 426 East SR 434, is located within the C-I zoning district,
the Commercial Future Land Use designation, and the SR 434 Redevelopment
Overlay Zoning District.
January 13, 2003
Regular Item D
Page 5
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.
4).On or about November 18,2002, the variance application was received by
the City.
5).The Board of Adjustment was required by Code to find that the variance
request meets all six variance criteria, set forth in Subsection 20-82 (1) (c), in
order to recommend approval.
6). Staff does not find that the variance meets all ofthe six criteria for a
vanance:
1. there are no conditions or circumstances peculiar to the land,
structure, or buildings which are not applicable to other lands,
structures, or buildings in the same SR 434 Redevelopment Overlay
Zoning district;
The BOA stated that the adjacent Public Storage building is so close that
it would block the view of a sign at any other location.
Staff believes that the applicant has not demonstrated that other
locations, which might involve more cost, have been adequately
investigated (at least such investigation has not been demonstrated to
staff).
2. special conditions and circumstances, if they exist, are the result of
the applicant;
The BOA stated that it believes that construction of the Public Storage
building close to the right-of-way and the change in the sign code are
circumstances and conditions beyond the applicant's control.
Staff believes that the applicant needs to clearly demonstrate that no
other reasonable alternative exists - clearly demonstrate the alleged
special conditions and circumstances. Any person could argue that
adoption of any regulation that he or she disagrees with is beyond his or
her control.
3. granting the variance requested would convey on the applicant
special privilege that is denied by this chapter to other lands,
buildings or structures in the same overlay zoning district;
January 13,2003
Regular Item D
Page 6
The BOA stated that it does not believe that the variance to allow the
sign to be rebuilt with 2 foot front and side setbacks would convey any
special privilege that is denied by this chapter to other lands, buildings,
or structures in the same overlay zoning district.
Staff believes that to grant the variance without first examining all
reasonable alternatives would convey a special privilege that would
make denial of future sign variance requests more difficult.
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;
The BOA states that it believes the only other viable place for the sign is
into the parking lot and that other businesses in the district enjoy
exposure through signage that this business cannot otherwise employ.
Staff believes that the burden of pro of is on the applicant and that he has
not adequately demonstrated that this is the only location where a sign
can be both located and seen. An applicant is not automatically or
necessarily entitled to the quickest, easiest, and cheapest solution -
which appears to be what the applicant is seeking (to use the same
concrete and steel sign foundation/base at the same location).
5. the variance requested is not the minimum variance that will make
possible the reasonable use of the land, building or structure; and
The BOA stated that it believes that this sign location is the minimum
that would not impede traffic movements in the parking lot.
Staff does not believe that this sign variance (or any sign variance) is
necessary for the applicant to make reasonable use ofthe property, since
other opportunities exist for signage (e.g. other monument sign locations
and other permissible signage).
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.
The BOA stated that it believes that granting the variance would be in
harmony with the general intent and purpose of the chapter, would not
undermine the code, would not be injurious to the neighborhood, and
would not otherwise be detrimental to the public welfare.
January 13, 2003
Regular Item D
Page 7
Staff believes that granting the variance without adequately
investigating all the options would set a dangerous precedent that could
undermine the purpose and intent of the code.
7). A financial hardship does not constitute a hardship in terms of granting a
vanance.
8). At its December 5, 2002, meeting, the City of Winter Springs Board of
Adjustment made a finding that the request diq meet the 6 variance criteria and
voted to recommend that the City Commission approve the variance request.
BOARD OF ADJUSTMENT:
At its December 5, 2002, meeting, the Board of Adjustment made a finding that the variance
request met all of the 6 variance criteria set forth in Section 20-82 of the City Code of
Ordinances and voted to recommend that the City Commission approve the variance request.
CONCLUSION:
Due to the fact that it is clearly the intent of the Commission to eliminate pole signs, to
bring signs along SR 434 into compliance with the redevelopment area standards, and to
upgrade the appearance of the area through numerous costly renewal improvement
projects, and the fact that room exists on this site to build a sign in compliance with the
code, staff cannot recommend approval of this request.
RECOMMENDATION:
Staff recommend that the City Commission deny the variance request pursuant to the six
variance criteria set forth in Subsection 20-82 (1) (c) of the City Code of Ordinances, as stated
above.
ATTACHMENTS:
A - Ordinance No. 2000-17
B - Variance application & map
C - July 26,2002, Charles Carrington letter
D - Occupational license information
E - Draft BOA minutes
COMMISSION ACTION:
f .
ATTACHMENT A
~
ORDINANCE NO. 2000-17
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY or 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 Conunission 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 financial-
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.
(1) Any sign, other than billboards, A~g-;Ht--6FigtAal cost in excess of ORe hun6red
E$-WGj-deltaf5--ftAG which is nonconforming as to pCffili<<ed--stgn area or any other reason
whieA-wel:tlEi-Acoessitatc the--eemplete remevat-eHetal-re~laeemeAt of thc sigfl, shall be
amortized and may be maintained until November 14. 2002 .fi-j}ef~ed offrom-ene(l) to
City of Winler Springs Ordinancc No. 2000-17
Pagc I or t1
~:
2
five-(-B-yeaf'S ff-erB-t:he-etf-ec~ate of these-eesigtl-StandarEis. :r-he-t-eFFR-et:-years to be
eet-er-fHifled-ey-lfle-€Bst-eHhe sign or of--reA(watie~Aell;I4tAg-iflStallation, shall be as
fell e ws-:-
GFigiA~st-er
R:enevatien Cost
Permitted Years from
Effective Date of Design Standards
$G-~-;-GGO
~Ol ~IO,OOO
Over $10,000
2
3
5
(2) Any owner of a sign who desircs to rely upon an amortization period longer than
thrce(J) years shall file with the City '.vithin one (I) year from the effeotive date of
tilese-design standards, a statemcnt setting forth thc cost and date of the most reoent
Fefl€Wation, and a V/riUcfl agreemcnt to remove or bring into oonformanoe the
nonconforming sign at or prior to the mcpiration of the amortization pcriod applicable
to that sign. The maximum pcriod to amortize a sign shall be the (5) years.
At or prior to November 14. 2002. all nonconforming signs shall be removed and
may be replaced with signs that conform to the design standards set forth in the S.R.
434 New Development regulations.
(3) Violations shall be subject to Chapter 2, Article 3. Division 2 Code Enforcement,
City of Winter Springs Code of Ordinances.
Section 20-466 Signs
* * *
( r) Nonconforming Signs.
( 1 ) Any sign, other than billboards, having an original oost in CKoess of ORe hundred
~Oj-eollars and which is nonconforming as to permitted sign area or any other reason
which would neoessitate the oomplete removal or replaoemcnt of the sign, shall be
amortized and may be maintained until November 14.2002. a period offrom one (1) to
five (5) years frem the effective date of these design standards. The term of years to be
Eietefmmed by the-oost-ef.tfle sign or of renevation, inclt:tding installation cost, shall be
as-fBl1ews7
Cily of Winlcr Springs Ordin!lncc No. 2000.17
Page 2 of 4
.'
3
Gfi.giTl at-Sigfl-OOsl:-Br
ReHBVllttBA-Gest
l1effHiHed-V-ear-s-!fem
E tIcal i ye-Q.ate--ef-9estgn-&aAdaffls
$G-to $3,000
$3,001 to $10,GGO
Over $10,000
2
3
5
(2) Any owner of a sign '.vho desires to relay upon an amortization period longcr than
three (3) years shall file with the City within one (1) year from the eff<~otive~ate of thcsc
design standards, a statcment setting forth the cost and date of the most recent
renovatioA;-ftAd a written agreement to remove or bring into oonformance the
nonoonfofffiffig--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) yeat'5:-
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 shalt 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 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.
Cily or Winter Springs Ordinoncc No. 2(J()(J-17
I 'age J or 4
4
ADOPTED by the City Commission of the City of Winter Springs. Florida, in a regular
meeting assembled on the ~ day of June V~o<
Paul P. Partyka, Mayor
ATTEST:
APPROVED AS TO LEGAL FORM AND SUFFICIENCY
FOR }t ~TER SPRIN~S ~NL Y
Anthony A. Garganese, City Attorney
First Reading:
Second Reading:
Effective Date:
Cily or Wiuler Springs OrdiuRncc No. 2000-17
I'uge 4 or 4
SPECIAL EXCEPTION
v" = VA'RIANCE
'CONDITIONAL USE
~pJ:1INr STRATrVE .DEcr S'IO~_ -;;; _.17 C:-L _L,~
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AP PL I CANT: W /n-hc $~ F~/-(fld.d:r~' PHQNE l/o ';. -3,J."I-M98
ADDRES~: /# W. -61<. l/f'1; UJ~6~J,~L 3:l=t-ot5 .
PURPOSE OF.REQUEST: V~~='h~~ QA~ cIo
./'7.-17 ~ t2.I /IA./ ~ t! --' ,4../J /Y?'1 f/ _ _ _ '
FOR:
1.
2
AT/ACHM~~T ~ ~f'.
/ .
/ d,U7J' Ckro3
WINTJ , ,
dOARD OF ADJUSTMENT.APPLI~ATION
CITY OF WINTER SPRINGS'
,I 1126 'EAST STATE ROAD 434
:WINTER'SPRINGSv Ft 32708-2799
: (407)327-1800
,
-
3, ATTACH A COPX OF THE PARCEL SURVEY.
4. ATTACH AN 11 x 17 MAP S~OWING THE SUBJECT PROPERTY AND
SURROUNDING PARCELS.
5. ATTACk LEGAL'DESCRIPTION.
6. TAX, PARCEL ~DENTIFicATION NUMBE~ i' 3t..J.0(~30' ~O~O,4d:z.O<DG
7. LOCATION 'OF PARCEL (Street .Addres's 'aI?d/6r .,:Nearest Cross
Streets):
~
8.
PRESENT ZONING:
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FUTUR~,L~ND bs~!' '
By S i <] n i n <] below' I u'n d e r s tan d t hat C i t y o. f Wi nt e r S p r i n"<] s 0 f fi ci a 1 s
may enter upon my property to inspect that portion as relates to
this application:' ,
.,\,
(If the~applic~nt is not the. owner of the subject property, the
a'pplicant must attach. a letter of authori"zation signed by the
owner) ,
'. .', Bt-~ . Pha...-n RECEIVED
.., y. OWNER-PLEASE TYPE , .
I ow:;~f(f~;Jt2Aca:;:~::;~o.
, "" . , '.. , ,
PERSONS ARE ADVISED THAT, IF THEY DECIDE TO APPEAL ANY.. DECISIONS
HADE AT THESE MEETINds/HEARINGS, THEY WItL NEED A,RECORb OF THE
PROCEEDiNGS AND FOR SUCH PURPOSE, THEY WILL NEED TO INSURE THAT A
VERBATIM 'RECORD DF TH~ PROCEEDINOS IS M~DE, 'AT'THEIR 'COST, ~HICH"
INCLUDES THE TESTIMONY AND .EVIDENCE UPON WHICH THE APPEAL 1-8 TO BE,,~:-'"
8ASED, PER SECTION 28Fi. (n nc::; c-f 1'\0,.".. ____u___
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P.01
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November) 3, 2002
Power of Attorney
City of Winter Springs
t 126 East S.R 434
Winter Sprmgs. FL 32708
1, Mrs. Bich Pban of Winter Springs Food Market, Inc. hereby name and appoint Glen
Whittaker of General Services QfCentral Florida to be my lawful attorney in fact to act
for me and apply to the City of Winter Springs for a sign variance permit fin work
perfurmed at 147 W. State Road 434, Winter Springs. FL and to sign my naine and do
all items p.eccssary to this appointment.
u- ~ti~A ~L
1'" M.. Bich Phan . -
Winter Springs Food Market. Inc.
State of Florida ~
Countyof.......< .--).)().....J o~
AHWM A MOtiAMMED
." ClIMlIl e.. lM7,os
NO. CC 8878&1
(J........ ~ oe. 1.0.
(Seal) / f" /.7r"l'
My Conuni..ioo Expire. I ~ (t ?~?
fore me this, '")
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NOTES:
PRJ~e Department Address M
Nov. 2000RlMS 1: EO: . ap O' 100
~~ 100
City of W. 2: 3 :1"-180fcet I
Inter Springs, FL .
Dew ~:Pe 2414A
IopccI BrEKGINEEIlING
" UJ(J SYSTEJIS Ire..
/ ii :43A
I
P.02
^,Tt^~<<J\1ENT C
CITY OF WINTER SPRINGS, f...ORIOA
-----------.-----
, 126' EAST STATE ROAD 434
WINTER SPRINGs. FLORIDA 32108-2799
Telephone (4()7)3.27-H~OO
Fax (407) 327-0018
Community DevelOpment
July 26. 2002
Business OwnersfProperty Owners
S;R 434
Winter Springs, FL 32708
bear Business OwneriProperty Owner,
Th~ City Commission on June 12, 2000 passed Ordinance number 2000-17 requiring all
signs along S.R. 434 to comply with the S.R. 434 De'velopment and Redevelopment
Overlay Districts. BtiSirtesS and property owners were awarded a grace period for
compiiance until November 14, ZOOz.
Business and property Qwn~ffl w~r~ gjv~ ~ fjr~t notice of the ordinance change
July 25, 2000. This correspondence is to again notify you that the grace period ends
November 14, 2002 and all signs must confofin to the sign code. A copy of Ordinance
number :lobo-11 is enclosed.
Any iign that fail~ to ~ollforIl1 after November 14, 2002 will be subject to Code .
Enforcement action and possible fine. If you have questio~s you may dill John Baker, at
(407) 327-5966.
Sinc~r~JYj
L&-k
Charles C. Carrington, AICP
Community Development Director
Ell BUSINESS LICENSE MASTER MAINTENANCE - "'''L1VE'''''REFRESHED 12/13/02""" Il!lIiIIEJ/
~ ~.
r-~~ ~ ~ .n~-On~~:.~.~I.<o - A TT ACHMENTD l
Account ID 11619
Mall/Deuel 1m I
I 147 I
I
IFl U500-178-74-001-0
Parcel ID I
I 30608 ~ r-o- ~
IWINTER SPRINGS FOOD MARKET
IWINTER SPRINGS FOOD MARKET
R/E Owner I 30608 ~ r-o- . ~
IWINTER SPRINGS FOOD MARKET Fiscal Month
Agent/Opel' I 306 08 ~ 11 jgz] Fiscal Dates
IUAN, DAUID T.
Mail Addr 1147 WEST ST~TE ROAD 434
I
IWINTER SPRINGS
fFl 132708
IUAN, DAUID T.
Entry date 107/30/2001
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._____n__ .________,
11
film IACTIUE
IWEST STATE ROAD 434
ICITY ~ IWINTER SPG
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ICORP m ICORPORATE
103/16/2000'
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109/01/2002
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1(407) 327-0098
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A TTACHMENT~-E
CITY OF WINTER SPRINGS
MINUTES
BOARD OF ADJUSTMENT
REGULAR MEETING
DECEMBER S, 2002
I.
CALL TO ORDER
Cbainnan,Tom Waters called tbe Regular Meeting to order. Thursday, December 5, 2002
at 7:05 p.rn in the East Training Room of the Municipal Building (City Hall, 1126 East
State Road 434, Winter Springs, Florida 32708). ~ . -_.
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Roll Call:
Chainnan Tom Waters, present
Vice Chainnan !ack Taylor, present
Board Member Gary Diller, present
Board Member John Herbert, absent
It was agreed to address the Consent Agenda following the Regular Agenda.
.:..:. AGENDA NOTE: THE FOLLOWING AGENDA ITEMS ARE
DOCUMINTED IN THE ORDER THEY WERE DISCUSSED. .:--:.
UL REGULAR AGEN'DA
R.tCl'LAR
A. Request or The ,Wiater Springs Food Market For A Variance From The Sign
Ordinance Of The lb:-Devclopment District Along State Road 434. The Business Is
Located At 147 West State Road 434 In Wiutet' Springs. The Applicant Requests
The Sign Remain In Its Present Location And Condition.
Mr. John Baker, Current Plamting Coordinator, Community Development Department,
introduced the Agenda Item and said, "Staff does not see how this request meets the six
(6) criteria but we want to give the opportunity to the applicant to demonstrate that he
does." Brief discussion.
Mr. Glen Whitaker, General SerVices C07Uractoy, 306 North Va/usia A \IertJiC, Orange
City. Florida: representing the applicant. Mr. Whitaker spoke of the three (3)
considerations of signs; height, the size of the sign) and the setbacks related to the sign.
Mr. Whitaker said. "The accurate description of what we would like to accomplish is to
meet the requirements of the City on size of the sign, meet the square footage allowance.
We w()wd a.lso I,ike to meet the he;ght allowances which in this particular instance would
be a maximum height of eight feet (8 ') so we are looking to hopefully reduce Ule height
of the sign from its existing fourteen feet (14') to the eight feet (8'). The other. condition
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CITY OF wtwTE~ SPRlNOS
MJ'NUTl:S
BO,6.RD 011 A.nJUS1M~N"
RE.GULA.R. M!ET7NO - OliCI:MBI!P. S. 2002
P ,,01; 2 Or- ,
of the signage, which would be the setbacks, which I am hoping this evening to appeal to
your logic on that."
Mr. \Vhitaker continued to address the Board concerning difficulties with relocating the
sign without losing parking S}l2ce9 and' causing a traffic halard issue; and how the
applicant's situation meets all six (6) of the criteria.
Discussion followed regarding landscaping; the tyPe of the materials ofthe new sign; and
the wording of the application. Mr. Whitaker clarified that "The sign face would be
removed and replaced with 8 new sign face"; changeable copy area restriction$; that a
iront, back and side setback Variance is being requested; and other possible sign
, placements.
MOTION BY VICE CHAIRMAN TAYLOR. "I \VOULD LIKE TO MAKE A
MOTION TO GRANT A V ARlANCE REGARDING TlJ:E SETBACK
REQUIREMENTS SUBJECT TO THE FOLLOWING STJPULA nONS, - THAT
TBJ: APPLICANT SHALL MEET THE SIZE, SQUARE FOOTAGE AND
HEIGHT REQUIREMENTS AS SlATED IN THE SIGN ORDINANCE AND
SHALL AGREE TO MEET THE LANDSCAPING 'REQUIREMENTS AS
STATED IN THE SIGN ORDINANCE." SECONDED BY BOARD MEMBER
DILLER. DlSCUSSIO~.
Chairperson Waters said, "We do need to be able to answer the six (6) criteria - lor Mr.
Baker to be able to take to the Commission so they can understand where we are comjng
nom; so I would like to discuss those and have those reflected in the Mjnutes" and
proceeded to read the first criteria. "ThaT special conditions or circumstances which are
peculiar to the land OT peculiar to the str\leture or building involved which are not
implacable to other land, structures or buildings in the same zonin.g district"
Board Member. Gazy Diller said, "In order for them (Applicant] to meet the requirement
you would have to remove that building [public Storage). So I think - there is a
ju.Cltification to consider the setback Variance. The public storage ig located closer and if
you put - require the - new sign for the Food Market you would not be able to see it from
west bound traffic. I think that wall of that building is justification for the setback. I
think that would meet the first criteria." Discussion ensued conc;ernil'1g whether the
Public Storage building t'eceived a Variance; the setback of.the public storage buj}lling;
3nd the lack of landscaping surrounding their sign.
Chairperson Waters read the second criteri4' leThat the special conditions and
circumstances do n.ot result from the actions of the applicant."
Vice Chairman Taylor said, "r think thal is true." Chainnan Water asked, "Based on
what" Board Member Diller said, "Based on the changes in the Ordinance. The sign
existed before the Ordinance."
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CITY OF \V'lN'liR. SPRINGS
MJJI/tJ'reS
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Rf.,GULAIt me.l1NO - DEOMM,1l S, WI:
PAGE) or 1
The Board discussed that the sign \Vas built prior to the Public Storage building and prior
to the Ordinance and Vice Chainnan Jack Taylor ~aid, "And that is not his fault." Next
Vice Chairman Taylor stated, eel thinic the applicantmeeis the intent'"
The third criteria W3!'l read by Chainnan Waters. "That granting the variance requested
will not confer on the applicant any special privilege thAt is denjed by this chapter to other
lands, buildings or stIuctures in the same zoning district."
Vice Chainnan Taylor said, "Yes." Chairman Watets ask.ed, "That it doesn't?" "1 don't
believe it does", responded Vice Cbainnan Taylor.
Chairman Waters then reviewed the fourth criteria, "That literal interpretation of the
provisions of this chapteT would deprive the applicant of rights commonly enjoyed by
olher properties in the same zoning district under the tenns of this chapter and would
work unnecessary hardship on the applicant."
Vice Chainnan Taylor said, "The only viable move would be to move that sign into the
parking lot and tae away One of those parking spaces which would put something
unreasonable on the applicant." Board Member Diller commented that if the sign were
moved into the open area of the parking lot, the applicant "Would spend a lot of money
replacing partS of that sign because of bein.g run into because that is a traffic area. Yau
have to really totally modify that front of that area there and which will elimina.te
probably I would say a good portion of their parking - vehicular traffic. It is not that big
of an area to start with. "
N~t Chainnan Waters read the fifth criteria, "Tbat the variance granted is the minimum
variance that will make possible reasonable use of the land, building or structure.
Vice Chairman Taylor said. "1 believe I covered that - in my Motion. That the sign. will
meet the size and the square footage and the height requirements."
Tl~ 1/Sidc 9
Chainnan Waters read, tl:le sixth criteria, "That tbe grant of tbe v~riance will be in
harmony with the general intent and pwpose of tbjs chapter, will not be injurious to the
neighborhood, or other wise detrimental to the public welfare.
Vice Chainnan Taylor said, "r believe my request [Motion) covers that."
Chairman Waters recessed the Meeting ar 7:50 p,m.
Th~ Meeting r~COH'IIen.ed III 7:53 p.m.
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CITY OF WINTE1t SPR.\NG~
M l"NVTF.5
tlO^RD OF AD.ru~'rMIl'lT
UGtn.AR M!i!!11NG - OteSMge1l S. :lOOl
PAGr,40F 7
VOTE:
VICE CHAIRMAN TAYLOR: AYE
CHAlRMANWATERS: NAY
BOARD ME:vJBER DILLER: AYE
M.OTION DID NOT CARRV.
Brief discussion followed regarding when the Agenda Item will be presented to the City
Commission; and possible repercussions from Code Enforcement.
MOTION BY BOARD MEMBER DILLER. "I WILL MA.:Kt A MOTION THAT
~'E RECOMMEND THAT A CODE ENFORCEMENT ACTION BE DtFERRltO
IN THIS SITUAnON UNTIL THIS ITEM - HAS BEEN BROUGHT BEFORE
THE CITY COMMISSION." SECONDED BY VICE CHAIRMA.N TAYLOR.
DISCUSSION.
VOTE:
CHAtllMAN WATERS: AYE
BOARD MEMl:'ER DIJ..LER: AYE
VICE CHAIRMAN T A nOR: AYE
MOTION CARRIED.
Mr.\Vbitalcer asked about the procedure for obtaining Minutes. Mr. Baker said to Mr.
Whitaker, "In can get your business card I will fax that to you."
RtO'OL.4R
B. Request Of Neil E. Staley Represented By Fred WhitsoD or Florida Pool
Enclosures For A Variance From The Established 20-Foot 'Rear Set Back Building
Setback Line At Lot 142, Fox Gleo At Chelsea Park, Tuscawilla Pha.se 1, 1547
Braewic.k Street, Winter Springs, Florida - A PUD (planned Unit Development).
The Agenda Item wu introduced by Mr. Baker who stated, "The applicant has not shown
us how he meets the six (6) criteria. Again, we certaiDly want to extend them the
opportunity to demonstrate that they do but we have not seen how they meet those six (6)
criteria." Mr. Baker reviewed the City of Winter Springs Code of Ordinances
requirements pertaining to enclosures. Brief discussion.
Mr. Fred W12itso", Florida Pool Enclosures, NO Ea.'t Panama Road, Wimer Springs.
Florida: as the representative fOf the applicant, he addressed the Board regarding Jot and
slab placement; surrounding properties; presented a letter of approval from the
Arcnitectural Control Board; and spoke of how the applicant has met each of the six (6)
criteria.
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CITY Or WrNT1!.~ SPl\tNOS
MIl'IVTlS
"OA~n 09 ~DruSThn1'lT
R2Gt1t..~ MEETING ~ DEC~9&R 5, 20/.12
l' AOi 5 OF i
Mr. Neil Staley. J 547 Braewick Street, Winter Springs. F/O)1aa: spoke of the intent of
the Architectural Control Board approval; and of his neighbor's support.
Discussion followed regarding the utility easement; the owner haYing the !lab extended
during original constrUction without the knowledge of setbacks or easements~ and the
ownership of surrounding land.
Di.5cussion.
Vice Chairman Taylor spoke of difficulties seeing "Where you meet the six (6)
re<tuirernents. If you would like to come back up again and go back over them again I
lU1d be more tbart happy to listen to it. Because 1 see several that I don't believe you
eel" Additionally said by Vice Chainnan Taylor was, "Vou stated on the first one and r
lI)rnderstand the builder built it t~lose assuming th:lt you w the
l,-ith a solid. roof on it. And th:S'econd one I understand 1t wasn't that ou did tha The:
.;builder poured the concrete. It wl\sn't an action from you that caus;jhe speclt condition;
r am having trouble with. number 3., number 4:'
Brief discussion followed regarding the "Interpretation of number 3."
Regarding number 4. Mr. Whitson said, "I in turn had a little difficulty with number 4. as
far as the interpretation as fax as the re.!isoning and there again I - apologize up front I did
not come fully prepared this evening. I wa'S not aware that I would be asked - to state this
whenever I filJed out the application but then again that is behind us now. Number 4. - if
I could get a littlt help with number 4. a..~ far as an explanation."
Mr. Baker replied. "Would. denying this ,deprive the applicant of rights commonly
enjoyed by other properties within the Iuskawilla PUD [Planned Unit Development).
You could still have a porch on the back of your house - but he wants to have tIus size
screen porch with a hard roof and he could atlll have a very large sereened porch Or he
could have a smaller screened. porch with a hard roof. So it really doesn't appear that
there is a hardship there." '
Brief discussion.
Tap~ 2lSide. ^
Further discussion.
Refemng to number 3. of the criteria Board Member Diller read, "That the special
condition and circumstances do not result from the actions of the applicant" and said,
.oMr. Staley stood there and told us that when he purchased this home their builder had
intended to put a seven and a half foot (7112') 91ab there and Mr. StaJey asked him to
make it fifteen feet (1 S ') and paid him extra to do it. So I wonder how the situation now
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CITY OF WlNnJl SI'M-lGS
MtNUTE5
80AR1> Of' A.DJtlSTMENT
rtlt,.O\lI.AR MEETING - oeCP,M B~ 5. 2002
foACU Of' 7
with the slab sticking in tbjs particular zone is not the result of the acts of the applicant
since he is the one that asked hhn to do it."
Mr. Whitson said, "1 can't comment on tbat sir. All I know is that the builder poured the
slab:!
It was suggested by Mr. Baker that the applicant go back to the Architectural Control
Board" And get that po;nt clarified" regarding their approval of the screen enclosure with
the hard roof. Board Member Diller interjected. "Also for his own protection:'
MOTION BY VICE CHAIRMAN TAYLOR. "I MAKE A MOTION THAT WE
DENY THE V ARJANCE REQUEST." SECONDED BY BOARD MEMBER
DILLER. DISCUSSION.
VOTE;
BOARD MEMBER DILLER: AYE
VICE CHAIRMAN TAYLOR: AYE
CHAIR.\1AN WATERS: AYE
MOTION CARRJEJt
Brief discus5ion ensued with Mr. Whitaker regarding Regular Agenda Item "An.
.:.(. AGEmlA NOTE: THE FOLLOWING AGENDA ITEMS ARE
))OCUMENTED IN THE ORDER THEY WERE DISCUSSED, .:. .:.
II. CONSENT AGENDA
C01\lSENT
A. Approval Of The November 12, 200l Re~lar Meeting Minutes.
MOTION BY VICE CHAIRMAN TAYLOR, "1 MAKE A MOTION TO
APPROVE THE MINUTES AS SUBMITIED." SECONDED BY BOARD
MEMBER DILLER. DISCUSSION. WITH CONSENSUS OF THl:. BOARD, TUE
MOnON WAS APPROVED.
MOTION CAlUUED.
IV. FUTURE AGENDA ITEMS
This Agenda Item was not discussed.
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v. REPORTS
No Reports were given.
VI. AD.JOURNME~T
CITY OF WIN1'ER sn\lllOS
MINUTiS
&OARJ) OF .\OJlJSTM~NT
1\rou~ M~~i1NO - 01:<: EMBER 5. 2001
'^~? Of 1
MOTION BY BOARD MEMBER DILLER. "I MAKE A MOTtON WE
ADJOURN." SECONDED BY VICE CHAIRMAN TAYLOR. DISCUSSION.
WITH CONSENSUS OF THE BOARD, THE MOTION WAS APPROVED.
MOTION cARRIED.
Chairman Waters adjourned the Meeting at 8:58 p.m..
RESPECTFULL Y SUBMITTEf):
DEBBIE GILLESPIE
DEPUTY C1TY CLERX
APPROVED:--
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THOMAS WATERS, CHAIRMAN
SOARD OF ADJUSTMENT
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