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HomeMy WebLinkAbout1981 11 19 Board of Adjustment Regular Minutes BOARD OF ADJUSTMENT MEETING CITY OF WINTER SPRINGS NOVEMBER 19~ 1981 The Board of Adjustment Meeting was called to order by Chairman Charles Chute. The pledge of allegiance to the flag was led by William Jacobs. Roll Call: Charles Chute, Chairman, present Ric Andrase, absent William Jacobs, present Al Davis, present Ellen Weiss, present Approval of minutes of Oct. 1, Oct. 15 and Addendum to Oct. 1 minutes: Motion was made by Davis, seconded by Weiss to delay approval of the minutes until we have had an opportunity to bring them into conformity with the actions of the Board and deal with some of the discrepancies in the minutes presented to us. Discussion. Vote on the motion: Jacobs, aye; Chute, aye; Weiss, aye; Davis, aye; Andrase, absent; motion carried. Request of Chemical Enterprises for conditional use in zone C-l to develop 6.55 acres with multi-family dwelling units according to R-3 standards (east side of North Moss Road opposite North Third Street). Section 44.48 of the City Code applies. The density that is requested of 16 units per acre is the same as R-3 zoning. Jacqueline Koch, City Planner, pointed out the location which is the east side of North MOss Road adjacent to existing R-3 property. The applicant has 6.4 acres of R-3 property that they plan to develop as multi-family. They are asking for conditional use to add 6~ acres directly south of that to develop the entire 13 acres as multi-family. Chairman Chute asked the City Planner if there were any recommendations in regard to the Land Use Map. The City Planner answered that conditional use was granted in other areas as on the west side of Moss Road on the south of S.R. 434. No precedent will be set. What this property has is that it will require an exit on Moss Road which would increase traffic in competition with fire and police traffic. The developer will have to have an exit on Moss or Third and pave to either of those streets to the nearest paving. The City Planner explained this would create less traffic than commercial zoning. Mr. Binford was not present. No one in the audien~esPQke in opposition. Mr. Davis said he would have to vote against this because of the high density and the potential traffic problems. Chairman Chute felt the request was in accordance with the code. Motion was made by Jacobs, seconded by Weiss, to approve the request of Chemical Enterprises as requested. Discussion. Vote on the motion: Jacobs, aye; Chute, aye; Weiss, aye; Davis, no; Andrase, absent; motion carried. Request of Frank Carter for special exception to place outdoor advertising sign within 500 feet of residential property (zone R-T) on S.R. 419. The City Planner pointed out that this request is to build across from property that is zoned rather than actually being residential property. Mr. Carter was sworn in by Chairman Chute. Mr. Carter explained that the water treatment plant has been placed in the R-U zoned property (across SR 419) which acts as a buffer and that people would have to look through the water treatment plant to see the sign. Mr. Carter said that he is trying to utilize his prop~rty in a way that would benefit him as a property owner; the property is zoned commercial. It will be a two faced sign, non- lighted. No one was present in the audience in opposition to this request. Board of Adjustment Meeting, Nov. 19, 1981 Page 2 Corrected Motion was made by Jacobs that the request of Frank Carter be approved as requested. Seconded by Chute. Discussion. In discussion, Davis said he was not in favor; Chute said there are times when signs are necessary; and Weiss felt that it would be out of character because it would be advertising something else other than the property it was on. Vote on the motion: Chute, aye; Weiss, no; Davis, no; Jacobs, aye; Andrase, absent; tie vote. The Chairman .announced that action would be continued until the next meeting of the Board of Adjustment. Request of Construction Enterprises for variance to Sec. l4-93(b) to construct a street intersecting Moss Road nearer than 800 feet to existing streets (west side of North Moss Road between North First Street and S. R. 434). The City Planner explained that preliminary engineering has been received and 16 lots have been created. There will be 8 units on either side of the street that is to run from Fairfax over to Moss Road. As Moss Road is a major street which will eventually connect SR 434 and SR 419 Sec. l4-93(b) applies. When Moss Road is paved it will be a primary exit for emergency traffic. The question is whether or not it is necessary as it would be possible to create a cul-de-sac. There would still be egress and the character of the street would remain residential and it would eliminate another conflict of traffic with emergency traffic coming onto Moss Rd. The City Planner explained that the proposed exit is only 132 feet from where emergency vehicles egress and it is not needed; the project could be developed without it. Mr. Dallas Jacobs, Orlando, engineer for Construction Enterprises, was sworn in by Chairman Chute. He said a traffic analysis study has been done and about 380 trips per day will be generated out of this development. He said if a cul-de-sac is put in it will require people to go out onto First Street which will be directly in the path of emergency vehicles. He said from a traffic standpoint and from a drainage standpoint, the intersection works. Mr. Bob Schumacher, Longwood, was sworn in by Chairman Chute. He said this 800 foot rule was pointed out at a Staff Review meeting and that the intent of this rule was for major subdivisions. The cul-de-sac would create a hardship on the plan now. The engineer was asked if there were any alternatives to this plan. He said there were two - put in a cul-de-sac which would create a hardship or sell the land and let it be developed as commercial property. He said he thought this would be the best use of the land. Mrs. Weiss asked how could it have reached this point without consideration being given to this road. How could the City have approved this plan for construction, not knowing if they could use this plan? The City Planner explained that when the preliminary plan was reviewed at the Staff Review meeting, they were advised that this variance was necessary. It was at their request that it went on to the City Council for approval of everything except this in order to save time. No one in the audience spoke against the variance. Motion was made by Jacobs that the request of Construction Enterprises be approved as requested. Seconded by Weiss. Discussion. In discussion Chairman Chute felt it falls within the purview as the Code states; a law that is detrimental to the developer and a technicality. To deny the variance would be unfair to the applicant in this case. Weiss said since the City has allowed them to get to this point I feel we would be contributing to a hardship that would be placed on the developer and therefore I would have to go along to pass this. Mr. Davis said he felt the Planner and Fire Chief have some valid reasons and he didn't see that much of a hardship to put in a cul-de-sac. Board of Adjustment Meeting, Nov. 19, 1981 Page 2 Motion was made by Jacobs that the request of Frank Carter be approved as requested. Seconded by Chute. Discussion. In discussion, Davis said he was not in favor; Chute said there are times when signs are necessary; and Weiss felt that it would be out of character because it would be advertising something else.. Vote on the motion: Chute, aye; Weiss, no; Davis, no; Jacobs, aye; Andrase, absent; tie vote. The Chairman announced that action would be continued until the next meeting of the Board of Adjustment. ' ./ -;., ,/ . .'1 ,,}, "'i /", Request of Construction Enterprises for variance to Sec. l4-93(b) to construct a street intersecting Moss Road nearer than 800 feet to existing streets (west side of North Moss Road between North First Street and S. R. 434). The City Planner explained that preliminary engineering has been received and 16 lots have been created. There will be 8 units on either side of the street that is to run From Fairfax over to Moss Road. As Moss Road is a major street which will eventually connect SR 434 and SR 419 Sec. 14-93(b) applies. When Moss Road is paved it will be a primary exit for emergency traffic. The question is whether or not it is necessary as it would be possible to create a cul-de-sac. There would still be egress and the character of the street would remain residential and it would eliminate another conflict of traffic with emergency traffic coming onto Moss Rd. The City Planner explained that the proposed exit is only 132 feet from where emergency vehicles egress and it is not needed; the project could be developed without it. Mr. Dallas Jacobs, Orlando, engineer for Construction Enterprises, was sworn in by Chairman Chute. He said a traffic analysis study has been done and about 380 trips per day will be generated out of this development. He said if a cul-de-sac is put in it will require people to go out onto First Street which will be directly in the path of emergency vehicles. He said from a traffic standpoint and from a drainage standpoint, the intersection works. Mr. Bob Schumacher, Longwood, was sworn in by Chairman Chute. He said this 800 foot rule was pointed out at a Staff Review meeting and that the intent of this rule was for major subdivisions. The cul-de-sac would create a hardship on the plan now. The engineer was asked if there were any alternatives to this plan. He said there were two - put in a cul-de-sac which would create a hardship or sell the land and let it be developed as commercial property. He said he thought this would be the best use of the land. Mrs. Weiss asked how could it have reached this point without consideration being given to this road. How could the City have approved this plan for construction, not knowing if they could use this plan? The City Planner explained that when the preliminary plan was reviewed at the Staff Review meeting, they were advised that this variance was necessary. It was at their request that it went on to the City Council for approval of everything except this in order to save time. No one in the audience spoke against the variance. Motion was made by Jacobs that the request of Construction Enterprises be approved as requested. Seconded by Weiss. Discussion. In discussion Chairman Chute felt it falls within the purview as the Code states; a law that is detrimental to the developer and a technicality. To deny the variance would be unfair to the applicant in this case. Weiss said since the City has allowed them to get to this point I feel we would be contributing to a hardship that would be placed on the developer and therefore I would have to go along to pass this. Mr. Davis said he felt the Planner and Fire Chief have some valid reasons and he didn't see that much of a hardship to put in a cul-de-sac. Board of Adjustment Meeting, Nov. 19, 1981 Page 3 Vote on the motion: Weiss, yes; Davis, no; Jacobs, yes; Andrase, absent; Chute, yes; motion carried. Motion was made by Jacobs, seconded by Weiss to adjourn the meeting. Motion carried. Meeting was adjourned at 8:57 p. m. Respectfully submitted, ;fr;~r~ Mary T. Norton, City Clerk