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HomeMy WebLinkAbout1980 06 19 Board of Adjustment Regular Minutes "",", BOARD OF AnJUSTMENr CITY OF WIN'1ER SPRlliGS JUNE 19, 1980 Meeting of the Board of Adjustment was called to order at 7: 33 p.m. by Acting Chairman Ellen Weiss. The pledge of allegiance was led by Al !:avis. There was discussion on opening the board meeting with a prayer. ROIL CALL Present: Absent: City Officials: 'Ibm Binford Richard Kessler, late Al !:avis Ellen Weiss Sonnie William Jacqueline Koch, City Planner Kessler roved to approve the minutes of April 10, 1980, seconded by Binford. Discussion followed as to whether the newly elected board members could approve minutes since they were not present. The City Planner testified to the accuracy of the minutes, however the rotion and second were withdrawn and no action was taken. There was discussion on absences and the reasons constituting an excused or an unexcused absence. Binford roved that any absences must be voted on by the Board of Adjustment as to the acceptability of an absence being excused or un- excused. Seconded by !:avis. Mr>. Binford stated that as early as possible before a meeting, the Board Member should let City Hall and/or the Chairman of the Board of Adjustment know of an anticipated absence. Vote: All aye. Motion carried. ELECTION OF OFFICERS: Nominations were opened for Chairman. Kessler roved to elect Tom Binford as Chairman of the Board of Adjustment, seconded by Weiss. Nominations were closed. Vote: All aye. Motion caITied. 'Ihe new Chairman took over and nominations were open for Vice-Chairman. Kessler moved to elect Al Davis as Vice-Chairman, seconded by Weiss. Nominations were closed. Vote: All aye. Motion caITied. ESTABLISHMENr OF MEETING SCHEDULE: Weiss roved to establish the third Thursday of each ronth for the Board of Adjustment Meetings at City Hall at 7:30 p.m., and in the event of energency business, the Chairman be penn:1.tted to call a special meeting on the first Thursday of the ronth. Seconded by !:avis. There was discussion on the last part c.!>f the rotion. Vote: All aye. lY"Dtion caITied. Ground rules were set for the meetings. REQUEST OF DEVEX, INC., FOR SPECIAL EXCEPTION TO THE R- 3 REAR SE'IBACK REQUIRE- MENT, rro BUILD WITHIN 2'7.6 FEEr OF THE REAR WI' LINE ON BOI'H OF wrs C AND D, BLOCK 19, REPLAT OF A PORrION OF NORm ORLANOO 1st AND 2nd ADDITIONS (R- 3 DEVELOPMENr AUTHORIZED BY CONDITIONAL USE IN C-l GRANTED BY THE BOARD OF ADJUS'IMENT ON FEBRUARY 21, 1980). ~~"<h Board of Adjustment June 19, 1980 Page Two. " '!he City Planner pointed out the location. Discussion followed on the sur- rounding properties. Mr'. Michael Shouvlin, President of Devex, Inc. was sworn 111 and said he bOught the above property after the conditional use was granted. Under the R- 3 requirement a 35 foot setback is required and Mr'. Shouvlin reported he has had the duplexes designed with a 27.8 foot setback. Kessler questioned if the duplexes were already sold and Mr. Shouvlin replied that they were. Kessler also raised the question of a buffer and the possibility of encroachment of a utility easement. Binford stated that the duplexes were definitely an upgrading of the property. '!he City Planner reported that City Staff reconmended approval. Mr'. Shouvlin said the duplexes would be one-story. Binford said he felt that a 6 foot buffer (fence, shrub) should be placed on the property line. IBvis moved to grant the exception (as stated above) on the grounds that it was recorrmended by the Planner and that it does not pose any problems on the health, safety and welfare of the citizens. Seconded by Binford. Vote: Binford; aye, Kessler; no, IBvis; aye, Weiss; no. ~tion failed. [Since this meeting, the Board has been directed that a tie vote constitutes no decision and considera- tion of the application is continued.] Weiss llDved to make a new motion, seconded by IBvis. Vote: lUl aye. ~tion carried. Weiss moved to allow the request of Devex, Inc., for special exception to the R- 3 rear setback requirement, to build within 27.6 feet of the rear lot line on both of lots C and D, block 19, replat of a portion of North Orlando 1st and. 2nd Additions (R-3 development authorized by conditional use in C-l granted by the Board of Adjustment on February 21, 1980, with the contingency that some sort of buffer (be it shrubbery or fenc1ng) be placed on the lot line between the two duplexes. Seconded by Kessler. Vote: lUl aye. Motion caITied. REQUEST OF .ALLEN SCHACHIER FOR SPECIAL EXCEPTION TO CONSTRUCT A MINI-WAREHOUSE COMPlEX IN ZONE C-2 ON WI' 12, OAK GROVE PARK, ON U.S. 17-92, AND IiDR CON- DITIONAL USE TO CONSTRUCT A C.ARErAKER' S RESIDENCE ON-SI'IE. Binford suggested the above requests be handled separately, one for the rnini- warehouse and one for the caretaker's residence on-site. 'Ihe City Planner pointed out the property on the map. There was a discussion on the surrolmding properties. l'1r'. lUlen Schachter, 1931 N. W. 29th St., Ft. Lauderdale, was sworn in and showed the Board a site plan of the proposed warehouse and residence. He plans to hire sorneone to live on the property for security purposes and to install a 24-hour television camera. 'Ihere will be no electricity available in any of the warehouses. Currently the proposed hours of business would be from 7:00 a.m. to 8:30 p.m. (approximately). IBvis questioned the need for an on-site residence since this is not a 24-hour service. Mr'. Schachter said this was strictly for security purposes. '!he City Planner reccmnended approval of each request. IBvis moved to approve the request of lUlen Schachter for special exception to construct a mini-warehouse corrplex in zone C-2 on lDt 12, Oak Grove Park, on U.S. 17-92. Seconded by Kessler. Vote: All aye. Motion carried. \ Board of Adjustment Jtme 19, 1980 Page 'Ihree. Divis moved to deny the request of Allen Schachter for conditional use to con- struct a care-taker's residence on site. Seconded by Kessler. In discussion, Davis stated he did not feel the above request was in the best interest of the citizens because it did not appear necessary since the site will be secured and there will be no provision to allow entry other than during nomal business hours. Binford stated that he felt the security was necessary at night and that in an energency, no one would have to be called in from the outside to unlock doors, etc. '!here was discussion on the security lock fence on the front. It was noted that the warehouses would be more appealing if someone was on the property 24 hours. Vote on the rrotion: Kessler; aye, Davis; aye, Weiss; no, Binford; no. [Vote on the motion resulting in a tie, there was no decision reached. J Binford moved to approve the request of Allen Schachter for conditional use to construct a caretaker's residence on-site. Seconded by Weiss. Vote: Weiss; aye, Binford; aye, Kessler; no, Thivis; no. Motion ended in tie vote. ['!he application for conditional use is continued.] '!he City Planner will contact Mr>. Schachter when it is detennined to take up the conditional use request at a future neeting. Discussion followed on the updating of the code book. It was suggested that rrembers study the code book for possible recommendations. Thivis moved to adjourn, seconded by Weiss. Meeting adjourned at 9 :04 p.m. Respectfully subrni tted, ~~. Jan Braddock, Recording Secretary.