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HomeMy WebLinkAbout1982 02 04 Board of Adjustment Regular Minutes f' ,-.., i. BOARD OF ADJUSTMENT MEETING CITY OF WINTER" SPRINGS FEBRUARY 4, 1982 The Board of Adjustment Meeting was called to order by Chairman Ellen Weiss. The pledge of allegiance was led by Ted Holz. ROLL CALL: CITY OFFICIALS: Al Davis, present Ellen Weiss, present Bill Jacobs, present Harry Reid, present Ted Holz, present Jim Hartman Commissioner Jacqueline Koch, City Planner Richard Rozansky, City Manager APPROVAL OF MINUTES OF JANUARY 7, 1982. The following corrections were noted: Motion made by Jacobs to approve the request of Chemical Enterprises, Inc., as submitted was seconded by Holz - also to be corrected on Page Two where the motion is repeated in Line 8. The Chairman also reminded all citizens who spoke on the gas station (between Devon and Fairfax) that they were still under oath from the previous request. For clarification - under the Request of Chemical Enterprises, Inc., for Conditional Use to develop 7 acres zoned C-2 with multi-family residential dwellings (N. Side of S.R. 419 Across from Edgemon Ave.)~ the Chairman asked Mr. Binford if he was talking about the entire property or only the frontage. The applicant stated just that portion from the railroad tracks to highway 419. The Chairman reiterated this was only the frontage, and at this point the request is for 60-70 units on 7 acres. The application reflects 6.39 acres. Jacobs moved to approve the minutes of January 7, 1982 as amended above. Seconded by Reid. Vote: All aye. Motion carried. REQUEST OF RICHARD CARTWRIGHT AND THE VILLAGE MARKETPLACE LTD., PROPERTY OWNER, FOR SPECIAL EXCEPTION IN ZONE C-l TO OPERATE A RETAIL AUTO PARTS STORE WITHIN THE SHOPPING CENTER ON THE NORTHWEST CORNER OF SR 434 AND SHERRY AVENUE. The City Planner stated the store is located next to Revco Drug Store. Ms. Koch stated the business is currently in operation having been permitted in error. The Planner stated after this had come to their attention that this had occurred, the applicant was advised that the approval of this Board would be necessary. The applicant has been allowed to remain in operation until this time. The Chairman asked why the application reflected no fee having been paid. The City Planner stated the fee was waived due to the error made by the City and the fact that Mr. Cartwright had incurred some legal fees. Mr. Richard Cartwright, 5332 Dunmar St., Orlando, was sworn in and stated he was complying with the City's request to open up a retail store, which is already open. Mr. Cartwright stated he had followed all the procedures he thought were necessary till he heard from the City. Davis questioned mechanical repairs done on-site. Mr. Cartwright stated there are no repairs done at this location~ except for the mobile unit for the turning of brake- drums which can be done in the back (not inside the store). Mr. Rozansky stated he had talked to the City Attorney and he advised the license was invalid because we cannot do something that is illegal. The City Manager stated he waived the fee because he had hired an attorney because of us. Mr. Rozansky stated he had no problem with the auto parts store. The Chairman asked if the store is in operation and the City Manager stated it was. Jacobs moved to grant the special exception to Mr. Cartwright as submitted. Seconded by Davis. Vote: All aye. Motion carried. r .~ H'?ard of Adj ustment Meeting February 4, 1982 Page Two. REQUEST OF CARDINAL INDUSTRIES, INC., AND TOM BINFORD, PROPERTY OWNER, FOR SPECIAL EXCEPTION TO CONSTRUCT CONDOMINIUMS AS NEAR AS 15 FEET TO THE REAR PROPERTY LINE OF A 6.39 ACRE PARCEL SOUTH OF THE SCL RAILROAD ROW AND FRO~TING ON S.R. 419 ACROSS FROM NORTH EDGEMON AVENUE (ZONE C-2 WITH CONDITIONAL USE APPROVAL FOR R-3 DEVELOP- MENT. The City Planner stated at the last meeting the Board authorized Conditional Use to develop apartments. Ms. Koch stated in order to maximize the number of units on the property which is 11.27 units per acre (Which is under the 16 units allowed by R-3 standards) they still have the problem with enough land to provide all of the requiremen~in the code. They are asking for an exception to the rear setback, which is normally 35 feet from the rear property line. She stated they are asking for approval with 15-foot distance. Ms. Koch stated there would not in the future be anyother building adjacent to the property because this is a railroad right-of- way. The tracks are about in the center and there are about 25 feet of woods. Davis questioned the distance between the parcel approved (the rear property line) and the right-of-way of the railroad track. The City Planner stated the south line of the railroad right-of-way is identical with the north line of the property. The Planner stated when the Board granted conditional use for multi-family develop- ment that meant that C-2 no longer applied- R-3 standards apply. The rear setback in R-3 is 35 feet minus 25 feet which they will have. The side is 10 which they will have. She stated they are asking for an exception only at the rear. Weiss questioned the footage between the building and the tracks. Ms. Koch stated about 16 feet. There was discussion on the parking and compaction. Ms. Dana Burton, Cardinal Industries, 200 Maitland Avenue, Altamonte Springs, was sworn in and spoke for the request. Ms. Burton stated they are coming in at 29% under the density allowed under the conditional use for R-3 - coming in at 11.3 units per acre as opposed to 16 allowed by code. Ms. Burton stated they are also giving more than 50% open green space in this project. Weiss asked if there would be a fence of some sort. Ms. Burton stated they do not like fences because they catch trash but that there would be a heavy enough screening that the railroad will not be visible from the develop- ment. The Chairman asked if children would be able to get through this screening. Ms. Burton stated this would be an adult ,complex and so addressed by the documents. Holz moved to grant the special exception for the 15-f60t setback. Seconded by Jacobs. Reid moved to amend the motion to limit the 15-foot setback to 72 units per acre. Seconded by Davis. Discussion. Weiss moved to require a hedge dense enough so as to prevent a child wandering onto the railroad track. Seconded by Davis. Vote on Weiss' motion regarding the hedge: Reid, aye; Holz, no; Jacobs, no; Davis, aye; Weiss, aye; motion carried. Jacobs stated he felt they- were doing the Site Plan Review's work and that he felt they were capable of handling the fence and the parking. Weiss stated she felt since the~ are putting the buildings closer to the railroad tracks she felt the need to safeguard the children who might be in the area. Vote on the motion concerning the limiting of the special exception to 72 units per acre: Holz, no; Jacobs, aye; Davis, aye; Weiss, aye, Reid, aye; motion carried. Vote on the motion to allow the 15-foot rear setback: Jacobs, aye; Davis, aye; Weiss, aye; Reid, aye; Holz, aye; motion carried. /""", ,-.., Bt>ard Of Adj uS,tment Meeting February 4, 1982 Page Three. REQUEST OF MRS. CLAUDE DE LEU AND LARRY JOHNSTON, PROPERTY OWNER, FOR SPECIAL EXCEPTION IN ZONE C-l TO OPERATE A BAKERY AT 10 SHERRY AVENUE (LOT 16, BLOCK 8, NORTH ORLANDO 4TH ADD.). The City Planner stated 10 Sherry Avenue is one of three lots on Sherry around the corner from the strip on the north side of 434 which was designated commercial. The Commission approved this rezoning since it is directly across from the Village Marketplace. Ms. Koch stated their request is to operate a wholesale and retail bakery not one in which you would eat on the premises. She stated the operation has been inspected by the State Board of Health and will require a permit. The Planner stated she did not feel the volume of traffic generated would be high. Davis asked if we had a signed application on file. The Planner stated she did - that she had spoken with the owner long-distance and that she knew she was speaking to the right person because of their conversation regarding the rezoning procedure. The City Planner stated she could see no objection to the request. The owner of the property, Mr. Larry Johnston, Orlando, FL, was sworn in and stated there were 2 commercial stoves in use. The business has been temporarily shut down. Mr. Jim Hartman was present and spoke in favor of the request. Jacobs moved to approve the special exception of Mrs. Claude De Leu as presented. Seconded by Reid. Vote: All aye. Motion carried. REQUEST OF EILEEN HURST FOR SPECIAL EXCEPTION TO CONSTRUCT A 5-FOOT-HIGH FENCE WITHIN THE 50-FOOT FRONT SETBACK IN ZONE RC-l AT 321 EAST PANAMA ROAD (LOT 5, BLOCK E, NORTH ORLANDO RANCHES SECTION 1). The City Planner stated there is quite a bit of precedent for allowing higher fences in the Ranchlands. The applicant stated his reason for the fence is the tendency of the traffic using the driveway for a turnaround. Ms. Koch stated she has no objection to this request. Mr. Clarence Hurst, 321 Panama Rd., was sworn in and stated his property on one side is high and runs downhill. On the lower side it actually dips lower than the road. Mr. Hurst stated if he puts a 4-foot fence down there - from the road it will look like a 3-foot fence. Discussion. Jacobs moved toapprov€ the special exception of Eileen Hurst as to the 5-foot fence and the legal description of all of Lot 5, Block E, North Orlando Ranches Section 1, within the 50-foot front setback. Seconded by Holz. Vote: All aye. Motion carried. ELECTION OF A VICE-CHAIRMAN: The Chairman moved to elect Bill Jacobs Vice-Chairman. Seconded by Reid. Vote: All aye. Motion carried. Weiss reminded the Board members of Ordinance #260 being passed by the Commission which means three absences in any twelve _month: period and you are automatically off the Board. She also made mention of three affirmative votes needed to pass any motion. Weiss mentioned the letter received from the City Attorney regarding conditional uses. A letter was also received from Mr. Binford suggesting that a Board be appointed to update the code and Mr. Reid was suggested. The Board members questioned the status of a request if an applicant fails to obtain three affirmative votes. The Planner stated if the applicant does not get three affirmative votes, it is not approved - he appeals to the City Commission. The Board members asked the City Planner to obtain a letter from the City Attorney addressing this matter. /"""'. 1"""'\ . Board of Adjustment Meeting February 4, 1982 Page Four. Davis brought up the subject of prayer during the meetings. Weiss stated she would not object as long as something non-denominational were used. Jacobs stated he did not feel it was necessary. Davis moved to initiate invocation in the proceedings and that it would be the responsibility of the members beginning with number I on a rotating basis to provide the invocation of that meeting whether he (she) does it themselves or has someone do it. If that particular member should be absent from that meeting it would fall back to the previous member to provide that service. Motion failed due to lack of a second. Reid moved to allow any member who lets it be known before the meeting to give an invocation. Seconded by Davis. Vote: Weiss, no; Reid, aye; Holz, no; Jacobs, no; Davis, aye; motion failed. Weiss moved to allow one moment of silence for invocation so that each person can pray in his (her) own manner. Seconded by Davis. Vote: Weiss, aye; Reid, aye; Holz, aye; Jacobs, no; Davis, aye; motion carried. Meeting adjourned at 8:45 p.m. Respectfully submitted, ~B~' Recording Secretary.