Loading...
HomeMy WebLinkAbout1981 06 18 Board of Adjustment Regular Minutes BOARD OF ADJUSTMENT CITY OF WINTER SPRINGS JUNE 18, 1981 Meeting of the Board of Adjustment was called to order at 7: 33 p.m. by Vice- Chairman Al Iavis. The pledge of allegiance was led by Charles Chute. The invocation was given by Al Iavis. roLL CALL City Officials: Jacqueline Koch, City Planner Ellen Weiss, present Al :cavis, present Charles Chute, present Tom Binford, absent Richard Kessler, present Councilman Maureen Boyd Chute IIDved to approve the minutes of May 21, 1981. Seconded by Kessler. Vote: All aye. Motion carried. REQUEST OF MICHAEL AIEXATOS FOR SPECIAL EXCEPTION TO CONSTRUCT A GroCERY STORE WITH SAIE OF GASOLINE IN ZONE C-l ON SOUrHEAST CORNER OF HAYES ROAD AND S. R. 434. The City Planner pointed out the property and stated it had recently been rezoned C-l. Mr. Kessler stated he would like to file a potential Conflict of Interest. Mr. Michael Alexatos, agent for the applicant, was sworn in and spoke for his request. He has a contract for 150 front feet on 434, the corner of Hayes Road and 434, from a Shop and Go. There is already going to be constructed a Southern Bell building up in the northeast corner which will leave approximately 230 feet on 434 where he can put something else in there - at the present time he is negotiating with a doctor for an office. Chute questioned whether this would be a standard Shop and Go and if he could give them a description. Mr. Alexatos stated they were going to do something a little different than what we already have here. He stated he had talked with the people and they plan to do sorrething on the order of what's up in Sweetwater Oaks. Mr. Alexatos stated that is what he is trying to get them to put in there. Chute asked if he had any assurances that this is what they will do. Mr. Alexatos stated he has no assurances at the present time. Iavis asked what type of operation is in Sweetwater Oaks that he intends to follow. Mr. Alexatos stated they have a Shop and Go that does not look like a Shop and Go or a convenience store and follows the decor of the whole area. Kessler asked whether the contract for sale with Shop and Go is pending on this approval. Mr. Alexatos stated it was. The City Planner stated the City has considered the question of convenient stores with the sale of gasoline three times previously in the last couple years. Each time the ultimate decision was reached on the basis of whether or not the City wanted to limit cornpeti tion. In each case the convenient store was approved on the theory that the greater the competition the IIDre likely the better stores would survive and the less desirable ones would go out of business and that the increase in competition should be a price advantage to the shopper. The Planner stated that under paragraph 18 - it solely requires that the Board find this type of business consistent with the other 25 or 26 listed uses. She stated she finds it difficult to find that this is not consistent with the other uses. The Planner stated she would recommend approval but would like to point out that after listening to Mr. Alexatos' comment about the type of building - Section 44. 21, paragraph (1) b. allows the Board to grant special exceptions Board of Adjustrrent Meeting June 18, 1981 Page Two. with appropriate and reasonable safeguards. She stated in the interest of maintaining the type of development that we have had on 434 in the last 2 or 3 years, she did not think it would be inappropriate for the Board to approve the special exception on the condition that the type of architecture and materials be coordinated with the type they now have on 434. In other words the Board could require the premium grade Shop and Go Store rather than one similar to the one on Devon. The suggestion is that it be similar to the businesses you see along 434 that are natural materials with earthtones that blend in rather than be an eyesore such as a red building. She stated this commitment was received from 7 -Eleven which is going to build on the corner of Moss Road and 434 and in the Sales Contract the seller of the land was able to have written in that they would construct a premium type 7-Eleven Store - stucco with cedar roof, rather than the typical red roof, which would be consistent with the type of architecture and type of aesthetic appearance we are trying to develop along 434. Iavis asked what legal ramifications could evolve if it is not already deeded or in the contract for sale which would ultimately be in the deed, if it were approved based on your recommendation for the applicant and the developer says well, that applied to the applicant, that doesn't apply to me. The Planner reported that the person applying to them is the current owner of the property and your approval and conditions are on Mr. Alexatos. It would be incumbent upon him to see that he had fulfilled your conditions. Mr. Alexatos stated that although the contract had already been signed, he had no qualms about going back and asking them to put that in the contract. He stated all of the buildings on 434 with the exception of the veterinarian building and the shopping center - that was all property owned by one of the trusts that he controlled and in every single instance they knew what was going on before they sold the property. In many instances they would not sell the property because they did not want another typical Shop and Go coming in. They have assured me that they will do something nice down there - a premium type of store. He did state that since the contract had been signed he could not stand there and say that he would be able to get this. Chute asked whether it would be incumbent upon the Building Dept. to see that those stipulations if made, were followed? The Planner stated that conditions could be enforced at the Site Plan Review. Weiss stated that according to the code book, the zoning for C-l is for selected low traffic generating uses. Would this be considered a low traffic generating use on that corner? The Planner stated she did not feel you would call it low no IIDre than you would call a Fairway or two restaurants low. Weiss stated inasmuch as they are asking to grant a special exception and the C-l zoning does state that the frontages are especially adaptable to selected low traffic generating uses - that is why she is questioning it. The City Planner stated that compared to something like a drive-in restaurant it is low. The size of the store itself meets all the limits for the number of people that are going to be coming during the peak hours. She stated in other instances it is high as compared to a doctor's office. She said it was all according to how you define low. Board of Adjustment Meeting June 18, 1981 Page Three. D3vis asked if this is in keeping with the Comprehensive Use Plan that is already approved for Winter Springs? The City Planner stated the plan does not address specific types of businesses. It does propose 434 be what is called strict-zoned commercial and this rezoning was consistent with that plan, providing the commercial use is consistent. There was no one in the audience to speak for the request. Mr. Michael DePasquale, 616 Alton Road, Vice-President of the Sugartree Station Homeowners' Association was sworn in and submitted to the Board. 42 letters from Winter Springs homeowners opposing the request. He stated that Hayes Road is the only access from the homes to 434. Due to traffic probelms there already, it is difficult to get in and out of the neighborhood especially during peak traffic hours. Mr. DePasquale stated they feel the location of the convenient store with gasoline pumps would compound the traffic problems. He stated convenient stores and their resulting constant autoIlDti ve traffic would be contrary to the purpose of the C-l zoning for the light traffic patterns. He feels hazards could be created by blocking the view of traffic coming up 419 by the gasoline pumps. The traffic off Wade Avenue across the street puts a reasonable aIlDunt of traffic onto 434. He stated he felt this would present a hazardous condition to an already congested area. Chute questioned if the main obj ection is the potential obstruction to your access into yourhome area? Mr. DePasquale said it was. He stated the cars that are parked around the gas p~s could possibly be a hazard. Mr. DePasquale stated he felt we have enough of these type of establishrrents and mentioned the one within 150' which is a grocery store with gas pumps. Mr. Bill Braddock, 636 Pearl Rd. was present to speak against the request. He questioned how many gallons of gas the applicant is planning on storing. Mr. Alexatos reported he had no idea. Mr. Braddock stated his concern over a potential fire hazard since this is a heavily-wooded residential area. He stated his concern for the environment and asked if anyone knew of the life span of the tanks since they do eventually leak. Chute stated he knew all tanks leak, but the question is how much and that it is not in the interest of the builder to put tanks in that are leaking. Chute stated as far as protecting the environment, it is not their respon- sibility with regard to whether the tanks leak or not. He stated their concern is the exception to the C-l zoning. Mr. Braddock mentioned his concern over people hanging around convenient stores which seems to be a problem in this area. He stated this can be seen just about any night and would require additional police protection. Weiss questioned whether they have the right to ask for access to the Shop and Go only in one location rather than for example since it is on the corner of Hayes and 434, would it possibly ease the traffic pattern if the access was only on Hayes or 434 instead of cars coming out of both places and creating a problem. The City Planner explained this was getting over into the purview of the Site Plan Review Board. There was discussion on Celery Avenue. Mr. Hat Hattaway, 8 Coral Way, was Board of Adjustment Meet:L~ June 18, 1981 Page Four. sworn in and stated he had seen the 21 acres along Celery Avenue in multiple listing. There was discussion on the proposed uses for the property along Celery Avenue. Ms. Karen Holtyn, 622 Alton Road, was sworn in and spoke against the request. She stated there are a good number of children in that neighborhood and felt the traffic problem would be compounded by an additional convenient store. Councilman Maureen Boyd was present and stated she felt the concept of a back entrance should be addressed and that sorrething should be done to prevent a situation existing such as the one at Handy Way where they have made their own entrance through the back lot. Chute questioned whether a study had been made to see what the future would hold for the grocery store. He stated the density of convenient stores in that area seems to be getting thick. Iavis stated it is within the jurisdiction of this Board to grant this exception under Chapter 44 of our zoning laws, however it is also incumbent upon the Board to make certain the granting of such an exception is in the health, safety and welfare of the residents of this City. Kessler moved to deny the request by Mr. Alexatos, as Trustee, to grant the exception. Seconded by Davis. Iavis stated he feels we have an abundance of convenient stores in our particular area. He stated with both the Cumberland Farms on one side and the Shop and Go on the other side of the corner he could see some possible traffic congestion. Also in view of the opposition from the surrounding neighbors, he did not see where it would be in the best interest, safety and welfare of the citizens. Weiss stated if it is deemed that this store would not succeed, the citizens of Winter Springs would not frequent it and therefore it would fold. Weiss questioned whether they would be denying free enterprise by not allowing this request. Kessler stated the issue is whether or not to allow a special exception. The City Planner stated the City Attorney advised the motion should contain a reason for denying a request. Kessler withdrew his IIDtion. Davis withdrew his second. Kessler moved to deny the request based on the fact of the traffic pattern that could prevail and again for the protection and safety of the citizens of Winter Springs. Seconded by Iavis. Mr. Alexatos stated he would like for the Board to consider that there are other uses that can be put in there that would notcome before the Board. He stated there are businesses that would generate alot more traffic than this particular business, for instance under C-l - a bar. Vote: Weiss, no; Iavis, aye; Chute, no; Kessler, aye. This is considered No Vote per the City Attorney. Chute IIDved to grant the request for a special exception to construct a grocery store with sale of gasoline in zone C-l on the southeast corner of Hayes Road and S.R. 434. Seconded by Weiss. Board of Adjustment Meetil.~ June 18, 1981 Page Five Weiss stated that she feels if there is a traffic problem this will be taken care of by the Site Plan Review and that they would set the entrance and exit. Kessler stated this would not control the number of cars going in and out of there. Chute stated this property is zoned C-l and there is going to be some commercial use made of this property - it is not going to sit there. He stated a convenient store might be preferable over somethingelse. Councilman Boyd stated she felt the people realized something is going to be built there. She said she felt their concern was why do we have to have sorrething that is going to be open till rnj dnight as opposed to something that closes at 5 that would generate a lot less traffic and less hangout, such as a doctor's office or a card shop. She stated she did not think the residents expected the developer to sit on his land and that he should give them enough credit to know they are not against the development of the land. Mr. DePasquale stated the people elect a form of government to represent them. They elect a City Commission, they appoint a Zoning Board and a Board of Adj ustrrent to oversee the quality of life and the type of development that they want put into the boundaries of their City. He stated he felt it is their responsibility to see that the kind of developments put in our City are compatible with the residents. Chute reminded Mr. DePasquale that they are there to represent the whole City. Mr. DePasquale stated the people in the Highlands, for instance, would not be the ones doing their shopping there. Mrs. Sandra Rib ako ff , 618 Alton Road, was sworn in and spoke against the request. She mentioned her concern for the trees and stated the City seems to be turning into a concrete City. Ms. Karen Holtyn, Alton Road, questioned the City plan and stated it seems to be putting up one convenience store after another. Mr. Alexatos stated no one is going to put in gas tanks that leak. Regarding the children - he always knew where his were and feels this is not his problem - but the parent's problem. He said some of the trees would have to go due to that fact that they are too tall and do not have a good base. Vote on the motion: Davis, no; Chute, aye; Kessler, no; Weiss, aye. No Vote. Chute IIDved to table the request till the next regular meeting or a special rreeting. Seconded by Kessler. Vote: All aye. After discussion, the Chair declared the Board continue the request until the July 2nd meeting at 7: 30 p.m. This Board. will be sitting until July 10, 1981 according to the City Planner. Weiss asked that the invocation be silent or non-denominational in the future.eTo be discussed at a later meeting. Meeting adjourned at 8 :55 p.m. Respectfully submitted, f)fi 0}Ra~ .) J an Braddock, Recording Secretary.