Loading...
HomeMy WebLinkAbout1981 07 02 Board of Adjustment Regular Minutes BOARD OF ADJUSTMENT CITY OF WINTER SPRINGS JULY 2, 1981 Meeting of the Board of Adjustment was called to order at 7:32 p.m. by Vice- Chairman Al Davis. Davis gave the invocation. Weiss led in the pledge of allegiance. ROLL CALL CITY OFFICIALS: Ellen Weiss, present Al Davis, present Charles Chute, present Richard Kessler, present Tom Binford, absent Jacqueline Koch, City Planner The Vice-Chairman informed the audience this meeting is a continuation of a meeting conducted on June 18, 1981 for a variance in C-l zoning for a convenient store with gasoline pumping facilities. He stated it was continued at that time because they did not have sufficient votes to approve or deny at that particular time, and for the convenience of the audience and the applicant and in the interest of due process, we continued to this evening in hopes the other board member would be in attendance, but stated they had learned the other board member would not be in attendance so we will proceed in the fashion we normally do in such a hearing. Chute moved to approve the minutes of June 18, 1981. Seconded by Kessler. Davis asked that the minutes reflect those persons sworn in. Vote: All aye. Motion carried. CONTINUATION OF CONSIDERATION OF REQUEST OF MICHAEL ALEXATOS FOR SPECIAL EXCEPTION TO CONSTRUCT A GROCERY STORE WITH SALE OF GASOLINE IN ZONE C-l ON SOUTHEAST CORNER OF HAYES ROAD AND S.R. 434. The City Planner pointed out the location and recommended approval. Kessler stated he would file a potential conflict of interest. Mr. Bill Jacobs, 404 S. Edgemon Avenue, was sworn in and spoke in favor of the exception. He stated he opposed restraining trade and that he is in favor of free enterprise - he feels every business should have an opportunity to make it or break it. Mr. Charles Lee, 648 Pearl Rd., was sworn in and spoke against the request. Mr. Lee stated he is Vice-President for conservation of the Florida Audubon Society and spoke on the adverse environmental impact that the placement of a convenient store at that location might have upon the property he owns as well as the other property along Pearl Road that backs up into the wetland area the applicant is proposing to encroach upon. He stated the nature of the property is that of a wetland hydric hammock location - the property is covered with cypress and other indicator species that indicate from time to time during the year this property goes underwater. Mr. Lee stated the underground gas tank will probably be placed below the water table a large portion of the year. The homes on the north side of Pearl Rd. are the homes j that back up to this hydric swamp location and the water level in this area ~ virtually backs up against the backyards of 22 homes along the street. He made mention of the water invading the backyards in times of heavy rainfall. Mr. Lee stated if a convenient store with gasoline is placed on a fill pad, any spillage of gasoline would raise the potential of gasoline being spilled over the edges of the parking lot into the wetland area around the station. Board' of Adjustment Meeting July 2, 1981 Page Two. He stated in his oplnlon this would present a public safety problem and that any occupation of the swamp with additional fill material is going to change the hydrology of the area - the water in the swamp will not have as much space to be in during times of rainfall and the result will be higher water levels which will be forced on the adjacent 22 propertyowners. The City Planner stated the development of the land is under the purview of the Site Plan Review Board and that it would not be approvable by the City Engineer to develop in such a manner that it would cause any adverse effect upon any of the propertyowners. The Planner stated according to the floodprone map this location is not designated as floodprone or swamp. Kessler questioned the date of the map. The Planner stated the study was dated March 16, 1981. Weiss questioned if Mr. Lee was suggesting no type of business go in on this location. Mr. Lee stated that buildings for instance, could be elevated on pilings as well as a number of other things that could be done to reduce the impact on the area. He stated,he felt they could come up with an acceptable use but did not feel a convenient store with gasoline pumps was an acceptable use. Mrs. Leanne Grove, 626 Alton Road, President of Sugartree Station Homeowners' Association was sworn in and spoke against the request. She presented a packet of information to each boardmember. Mrs. Grove challenged the theory of competition and cited a portion of the Orange County Growth Management Policy, published in 1980. She presented figures involving the traffic generated at this location and cited sections in the Land Use Plan. One-hundred and ninety letters from surrounding propertyowners opposing the request were presented to the Board. Chute stated anyone could take information out of context. Mrs. Grove stated she did not feel they are anymore against free enterprise than the City Council was when they voted Ordinance 229 and Ordinance 230 which is the anti-nudity ordinance and the adult entertainment ordinance. She stated these type of establishments come under free enterprise but the people of the City said we don't want these type of establishments and the Council voted to insure we would not have it. She stated she is not against free enterprise but believes in controlled growth. The City Planner stated the property is already zoned commercial and presented traffic figures. Mr. Alexatos was reminded he was still under oath and proceeded to comment on the information presented by Mrs. Grove. He stated as far as competition he feels if you don't want to buy at a store - don't buy at it. Mr. Alexatos stated there will be a 500' buffer between the store and the first house. As far as the swamp, there are cypress (about 100 X 100') that have been studied - the survey prepared by Universal Engineering - only in the first 150' facing 434 there is 100 X 100' section that is low. The area looks low because the area was raised almost 2 feet. He stated he has been all through the property with a muck probe and the only thing he was able to find other than in the 100' section is about 6" to one foot of deleterious- the rest is sand. He stated as far as the tanks are concerned they had cars hit gasoline tanks in the mid-city and it had been contained. The Chair entertained a motion to approve. Chute moved to approve the exception with the stipulation that the building be a premium construction and be cempatible with the remainder of the construction along 434. Seconded by Weiss. Board of Adjustment Mee~ing July 2, 1981 Page Three. Davis stated he could not find cause to vote for this request in view of the people in opposition to this request. He stated he does not feel this is restraining competition but that it is their responsibility to listen to the peoples wishes as to what they want and stated he could see a possible traffic hazard at this particular location as well as the kids posing a problem by hanging around such an establishment. Kessler stated the Shop N Go presently in Winter Springs is not maintained and that they have shown the City no respect. Vote on the motion: Chute, aye; Kessler, no; Weiss, aye; Davis, no. The Chairman stated in view of the fact there was not an affirmative majority vote for the issue, the Chair declares the exception not be granted. Discussion. Davis stated he talked with the attorney today and Mayor Piland and was informed if there was not a majority vote in favor of a motion - then it is declined. Discussion. The Board questioned whether a meeting should have been held. The City Planner stated she had been previously informed that a tie vote is a no vote - to be continued until there is an odd number of people to break the tie. Davis informed Mr. Alexatos of his right to appeal to City Council. Mr. Alexatos stated this was his intention. Discussion. Kessler moved to adjourn. Seconded by Davis. Meeting adjourned at 9:00 p.m. ------------------------------------------------------------------------------- July 7, 1981 The City Attorney has advised the City Planner this request is to be reagendaed and the public notified of this request to be continued on July 16, 1981 at 7:30 p.m. (Due to the tie vote, this is considered unfinished business). Respectfully submitted, C}",@vuMJtxk Jan Braddock, Recording Secretary.