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HomeMy WebLinkAbout1981 07 16 Board of Adjustment Regular Minutes BOARD OF ADJUSTMENT CITY OF WINTER SPRINGS JULY 16, 1981 Meeting of the Board of Adjustment was called to order at 7:32 p. m. by Acting Chairman Ellen Weiss. Jacobs led in the pledge of allegiance. Roll Call: Ellen Weiss, present Charles Chute, present Bill Jacobs, present Rick Andrase, present Al Davis, absent Election of Chairman and Vice-Chairman: Jacobs nominated Chute as Chairman. Andrase seconded. Vote was unan~ous. The Chair was turned over to Chute. Jacobs nominated Weiss as Vice-Chairman. Seconded by Andrase. Vote was unan~ous. Discussion of Nondenominational Invocation: Discussion. Jacobs moved to remove the invocation from the agenda. Seconded by Weiss. Vote: all aye. Motion carried. Approval of Minutes of July 2, 1981: Jacobs moved to approve the minutes of July 2, 1981. Seconded by Weiss. Vote: all aye. Motion carried. Chute reiterated according to the minutes of July 2, 1981, a tie vote is un- finished business, not a denial. Mr. Charles Lee, Pearl Road, asked if there is a written codification of the rules under which this Board operates that would say that in the event of a tie vote the request is to be continued. Chute stated he believed the City Attorney stated this is the result of a Florida Supreme Court Ruling for boards of this type. Mr. Lee stated from his experience with various boards and the state he finds this. situation most unique and suggested the City check with another legal source. Jacobs reminded Mr. Lee the Board had been advised to continue and that the City Attorney is paid to protect the City, however Mr. Lee might bring this up at the next council meeting. Continuation of Request of Michael Alexatos, Attorney-In-Fact for owner of Property, For Special Exception to construct a grocery store with sale of gasoline in Zone C-l at the southeast corner of S.R. 434 and Hayes Road: Chute reminded the Board the area is zoned C-l and that in the code under Section 44.47 there are 26 listed types of businesses that can go in the C-l area. The Code also states plus any other retail store or business enterprise that in the judgment of the Board of Adjustment is consistent with those included above, and further, that will be in harmony with the spirit of sections 44.01 through 44.90. Chute read the duties and powers of the Board of Adjustment. The Chairman brought the audience up to date as to what had transpired prior to this meeting. Board of Adjustment, July 16, 1981 Page 2 There was no one to speak in favor of the request. The Chairman asked Leanne Grove to speak for the Homeowners in the area. He reminded her she was still under oath. Mrs. Grove stated her concern regarding the traffic on Hayes Road, which is the only access/egress. She pointed out that out of the 193 letters opposing the request, most were signed by two members of the household. She stated the Home- owners feel there are so many convenience stores already along S.R. 434 and that Shop N Go has not set any type of example. She stated their concern over having a nice looking city as well as a safe one. Jacobs stated he felt a premium structure should be required, and that if the store is not frequented, it will go out of business. Mrs. Grove stated we would then have an empty building standing. She stated out of all the homes contacted everyone that was home signed the letter in opposition to the request except for one man who has a contract with Shop N Go. Weiss stated she did not feel they could deny free enterprise. Mrs. Grove stated she did not feel this would be a denial, but a regulation. Mr. Lee stated his concern for the environment and questioned Mr. Jacob's right to vote on the issue, in view of the fact he was present and spoke in favor of the request at the previous meeting. Mr. Jacobs stated he checked with the Attorney, and in view of the fact he was speaking as a resident and had no part in the decision-making he was not in error. Mr. Richard Buchanio, 258 Panama, was sworn in and spoke against the request. He stated he is not necessarily against Shop N Go, but feels we have quite a few convenience stores in one area. Me. Alexatos was reminded he was still under oath and spoke on the elevation of the land. Jacobs moved that the request of Michael Alexatos for a special exception be granted. Discussion. Jacobs withdrew his motion and moved that the request of Michael Alexatos be granted for a special exception to construct a grocery store with sale of gasoline in zone C-l at the southeast corner of S.R. 434 and Hayes Road, with the proviso that the building be of premium construction. Seconded by Weiss. Andrase stated he felt the residents input as well as the number of convenience stores already existing should be taken into consideration, but that he was not condemning free enterprise. He questioned the definition of a premium structure, and stated in view of the traffic he felt the Board should take a good look at the request and ask themselves if we really need another convenience store. Jacobs stated he agreed to a certain extent but could not see denying the request, and that hopefully this would set some type of precedent as far as the aesthetics along S. R. 434. Mr. Richard Kessler, 607 Pearl Road, was sworn in and pointed out the number of convenience stores already present on S. R. 434 and mentioned agenda item #10 which is for the same thing, except in reverse (gasoline with some groceries). Vote: Weiss, aye; Jacobs, aye; Andrase, no; Chute, aye; motion carried. The Chairman reminded the public of the appeal procedure. Meeting was adjourned at 8:20 p. m. for a 5 minute break. Board of Adjustment, July 16, 1981 Page 3 The Chairman called the meeting back to order at 8:25 p. m. Mr. Andrase stated he would like to file a potential Conflict of Interest in view of the fact he lives.in the surrounding neighborhood and a member of his household had signed a letter/5~position to the request. Jacobs stated he did not think it was necessary; according to the City Attorney something has to be gained, but that this could be checked further with the Attorney. Request of Dorothy Nicholas, Agent for owner, for variance to create a third building lot from an unplatted tract of land on the northwest corner of Moss and Bahama Roads, for Variance to requirement to pave and drain unimproved road adjacent to property thereby subdivided and for variance to minimum lot depth in Zone R-l: The City Planner presented the request. Ms. Dorothy Nicholas was sworn in and stated she is representing the owner, Mrs. Bedard, who is residing in Canada. Ms. Nicholas stated a home would look better on the site as opposed to the vacant lot. Mrs. Margaret Hannah, 401 Moss Road, was sworn in and presented a letter to the Board from her husband speaking in favor of the request. Mr. Buchanio was sworn in and stated the City is going to have to take some kind of stand on this because if they start granting variances to the subdivision ordinance, es~ecially in that area, which she borders on, it is going to get tricky out there in view of the amount of property that can be subdivided and if variances are granted without paving and without water, somewhere down the line they are going to have to come in with these improvements. Mrs. Hannah stated she was in agreement with Mr. Buchanio in that this is a precedent-setting situation. She stated she is not opposed to the home, but to the road not being paved. Mrs. Backus was sworn in and stated she felt the road should be paved, but does not oppose the proposed home. The City Planner stated the size of the lot and depth are recommendable for approval. The Planner stated it has always been the responsibility of the land developer or the person creating the lots to put in the basic improve- ments (paving, drainage, water and sewer). In this case Florida Land already put in the water lines. Sewer service is available to the site. The Planner stated we have to stand behind the law we just passed last May to require that at least one street leading to a development shall be paved. The Board decided to handle the three requests separately. Andrase moved to approve the splitting of the lots (creating a third lot out of one tract). Seconded by Weiss. Jacobs questioned if the motion passes, do they have to meet subdivision requirements? Discussion. Andrase withdrew his motion. Weiss withdrew her second. Andrase moved to grant the applicant the opportunity to create a third lot in accordance with the subdivision ordinance. Seconded by Weiss. Chute stated the granting of the request would generally improve the neighborhood. Vote: Jacobs, no; Andrase, aye; Chute, aye; Weiss, aye; Motion carried. Andrase moved to grant the applicant approval on the question regarding the depth of the property. Seconded by Weiss. Vote: All aye. Motion carried. Weiss moved to deny the applicant's request not to pave the frontage. Seconded by Chute. Discussion. Weiss withdrew her motion. Chute withdrew his second. Jacobs moved to grant the request for the exception in regards to the paving Board of Adjustment, July 16, 1981 Page 4 (do not have to pave). Seconded by Andrase. Vote: Andrase, aye; Chute, no; Weiss, aye; Jacobs, aye; motion carried. The Chairman reminded the public of the appeal process. Request of Gary Hunt, Agent for owner, for Variance to create more than two lots each from both of Platted lots 2 and 3, Block A, North Orlando Ranches, Section 1, at northeast corner of Moss and Bahama Roads, and for Variance to requirements to extend land development improvements to these properties (PaVing, drainage, central water and sewer). The City Planner presented the request. Mr. Gary Hunt, President of Hunt & Associates, Moss Road, was sworn in and spoke for his request. He stated the land is suitable for septic tanks and wells. Chute questioned in the case of a fire where would the water be obtained? Mr. Hunt stated they would not be creating any different situation than already exists and that the vegetation in this location is somewhat more damp. Chute stated it seemed this would be com- pounding the problem. Andrase asked if the majority are on septic tanks. Mr. Hunt stated they are. Mrs. Hannah presented a letter to the Board from her husband regarding the request. Mr. Joe Bush, 220 Bahama, was sworn in and questioned the frontage and the number of houses he intends to build. Mr. Hunt stated there would be two houses - one on 2.2 acres and one on 2.8 acres. Mr. Robert Smith was sworn in and had no objections to the request. Mr. Buchanio stated it is not fair for all the residents in the City to have to absorb costs of drainage, paving, etc. Mrs. Hannah stated this request is not in accordance with the Land Development Ordinance and would be setting a precedent, as well as pose a safety (fire) hazard. Mr. Dave Draper, 400 Hayes Road, was sworn in and stated if the board grants variances to eliminate paving, we might as well do away with the Land Development Ordinance. Mrs. Backus was sworn in and questioned the drainage. Mr. Hunt stated they are proposing dedication of a 20 foot easement to allow the City to provide adequate drainage for the area. The City Planner recommended again that the newly passed Land Development Ordinance be upheld, that we not vary from the requirements to install improvements. Jacobs moved that the request for waiver of the required improvements under Article 4 of the Land Development Ordinance be granted. Seconded by Andrase. Discussion. Vote: Weiss, aye; Jacobs, aye; Andrase, aye; Chute, no; Motion carried. Weiss moved to approve the requested variance to Section 14-3.1 to create more than two lots from the originally platted lots. Seconded by Andrase. Vote: Chute, no; Weiss, aye; Jacobs, no; Andrase, aye. The Chairman reported this issue is to be continued at the next meeting due to the tie vote. He also reminded the public of the appeal process. Request of Michael A1exatos, Trustee for Property, for Special Exception to construct a gas station with sale of some grocery products in Zone C-1 on S. R. 434 between Fairfax and Devon Avenues: The City Planner presented the request. Mr. A1exatos, trustee for the property, was sworn in and introduced Mr. Bert Larsen, 800 S.E. 28th St., Ft. Lauderdale, Fl., construction supervisor and marketing representative for Citgo who was sworn in and spoke for his request. There will be no mechanical services available and a limited amount of groceries. Mr. Larsen stated the tanks have an automatic shutoff (if hit by a car, for example). The City Planner stated the ~Site Plan Review would impose Board of Adjustment, July 16, 1981 Page 5 the buffer. Mr. Larsen stated there will be eight dual dispensers. The Planner asked what the proposed structure would look like, and if it would blend in with the other structures along S. R. 434. Mr. Larsen stated their company colors are red and brown and that it would be sUnilar to the pictures he showed the Board. Jacobs moved to approve the request of Michael Alexatos, Trustee for property, for Special Exception to construct a gas station with the sale of some grocery products in Zone C-l on S. R. 434 between Fairfax and Devon Avenues. Seconded by Chute. Weiss stated if she was living in this particular neighborhood, she would not want a gas station there. She commented on the number of pumps being grouped together. Chute stated the area is zoned C-l and that he would like to see a class gas station in the City. Jacobs made mention of a possible gas shortage and the convenience of having this station in the City. Vote: Jacobs, aye; Andrase, aye; Chute, aye; Weiss, no; Motion carried. Meeting adjourned at 10:45 p. m. Respectfully submitted, 9:.:'ra~~k . Recording Secretary