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HomeMy WebLinkAbout1982 03 04 Board of Adjustment Regular Minutes ,r-.., ".-/~ . ~.... BOARD OF ADJUSTMENT MEETING CITY OF WINTER SPRINGS MARCH 4, 1982 The Board of Adjustment Meeting was called to order by Chairman Ellen Weiss. The pledge of allegiance was led by Al Davis. There was a moment of silent prayer. ROLL CALL: CITY OFFICIALS: Al Davis, present Ellen Weiss, present Bill Jacobs, present Harry Reid, present Ted Holz, present Jacqueline Koch, City Planner APPROVAL OF MINUTES OF FEBRUARY 4, 1982. Reid moved to approve the minutes of February 4, 1982. Seconded by Jacobs. Vote: All aye. Motion carried. REQUEST OF JAMES PATTERSON AND W. AND D. COULSON FOR SPECIAL EXCEPTION TO CORNER SIDE SETBACK IN ZONE R-1A TO CONSTRUCT A HOME WITHIN 18 FEET OF THE PROPERTY LINE ON MARLIN ROAD ON LOT 14, BLOCK F, RANCHES SECTION 2-A. The City Planner stated the property is located on the southeast corner of Marlin and Hayes Road. Dorothy and William Coulson are the property owners and James Patterson is the prospective purchaser/builder. Mr. James O. Patterson, 2409 Ashland Blvd. , Orlando, was sworn in and stated the house is a little too large for the piece of property and that this is the only way it can be placed on the property without re- ducing the size of the house. There was no one to speak for or against the request. The City Planner stated the nearest homeowner did not object to the request. Discussion. Reid moved to grant the special exception to allow the 18-foot setback along Marlin Road. Seconded by Jacobs. Vote: All aye; motion carried. REQUEST OF NANCY RAINALDI FOR SPECIAL EXCEPTION TO SECTION 44.78 TO KEEP TWO HORSES ON ONE ACRE FOR 8 MONTHS IN ZONE R-1AA, ON NORTH HALF OF LOT 1, RANCHES SECTION l-B (ARNOLD LANE AT FISHER ROAD). The City Planner stated the code allows one horse per acre in R-1AA. Mrs. Rainaldi purchased one horse which became two and she is asking permission to keep the colt for eight months. Ms. Koch stated she has received one written response from Mr. and Mrs. John Hufnagel stating their opposition to the request. Ms. Nancy Rainaldi, 650 Arnold Lane, was sworn in and stated the reason she needs eight months for the colt is when she purchased the mare she did not know the mare was in foal. Ms. Rainaldi stated since the foal does have Appaloosa characteristics she can register him, but only after he has been gelded. Ms. Rainaldi stated she would like to present a letter to the Board from her veterinarian recommending that the horse not be gelded until at least two years of age. Weiss asked how old the horse is now. Ms. Rainaldi stated the horse is ten months old now. Weiss asked if a complaint was made or if she came forward on her own. Ms. Rainaldi stated there was a complaint made and that she had talked to people who had told her she did not need to come forward until a complaint had been made. Ms. Rainaldi stated she could get more money for the horse once he is registered. Ms. Linda Garanti, 490 Fisher Road, was sworn in and stated Nancy Rainaldi's property fronts on the side of her property. Ms. Garanti stated Ms. Rainaldi keeps the stable and corral area very neat and well landscaped and has never been a problem. There was no one to speak against the request. Reid stated since the property is fenced, there appears to be enough space for the horses. He said there are alot of horses in the area and it appeared the stalls are set up so as not to deter from the neighborhood. Holz stated he agreed and that he could not see a nuisance for that period of time. Jacobs stated he was opposed to the request and stated he felt one horse is plenty for one acre and also in view of the fact a complaint was received. Weiss stated it disturbed her that \ - r-... r-'-'" . B,oard of Adjustment Meeting March 4, 1982 Page Two. the horse is already ten months old and that the only reason she came forward was due to the complaint. Ms. Rainaldi stated she was informed by Ray Bradshaw that she should not worry about it because her neighbor is violating a few minor ordinances as well. Davis stated he did not feel this would create a nuisance. Discussion. Davis moved to approve the application of Nancy Rainaldi as applied for. Seconded by Reid. Vote: Davis, aye; Weiss, aye; Reid, aye; Holz, aye; Jacobs, no; motion carried. REQUEST OF GARY HUNT FOR SPECIAL EXCEPTION TO OPERATE A GROCERY STORE WITH SALE OF GASOLINE IN ZONE C-2, ON SOUTH MOSS ROAD SOUTH OF MOSSWOOD APARTMENTS. The City Planner stated the convenient stores and the sale of gasoline are high traffic generating commercial uses and the impact should be taken into consideration with regard to a residential street. Ms. Koch stated this would introduce an element which does not presently exist in the neighborhood even though the entire 10-acre parcel is zoned commercial - only the existing office of the applicant is commercial. She stated everything else has been developed under a conditional use for multi- family. Holz questioned the blue area on the map. The City Planner stated that was once what was called the Crooked Creek Planned Unit Development. She stated at this time there are no pending applications or development plans for that property. It is zoned, but nothingmore has been done. There was discussion on a PUD and the fact that it does provide for commercial and industrial development, subject to approval. Mr. Gary Hunt, owner of the property and currently the occupant of the building which is a land surveying/engineering/planning office was sworn in and stated it is approximately 1/2 mile from the nearest existing grocery store - the North Orlando Market. Mr. Hunt made mention of neighborhood grocery stores and mentioned the safety factor involved concerning the children able to walk to the store. He stated this concept is becoming more popular in Orange County and in Seminole County and the new zoning ordinances in both counties are providing for neighborhood con- venience areas or neighborhood commercial areas. Mr. Hunt stated they are put in there to address the problems common to the major road, which is the high traffic generation at intersections which is a common place to locate them. Mr. Hunt stated by putting a store in a neighborhood you are addressing a local neighborhood market. Mr. Hunt stated he did not feel this would generate traffic on S.R. 434. The applicant said Moss Road was designed as a boulevard, and that the people who designed the area anticipated Moss Road to be a thoroughfare at some point. Mr. Hunt stated the current zoning of the property is C-2 - a professional office is consistent with C-l zoning. Mr. Hunt said there is a possibility he will expand his office on-site. The concept Mr. Hunt has in mind is about a 9,000 square foot building which would be L-shaped. He stated the short leg of the L would be facing the road and would house a convenient store and the entryway to professional offices. He stated the parking would be in the back of the offices and the professional office would be on the long side of the L which would be along the south property line. Mr. Hunt mentioned the security that would be provided by having a store that would be open 24 hours. The potential tenant is Jiffy Food Stores. Mr. Hunt stated they have one of the best records in Orange County as far as lack of loitering and rigid policies. He stated they have gone into architectural concepts and that they are designing them to fit into a neighborhood. Mr. Hunt does not have a signed contract at this time. Weiss asked how many fuel pumps he anti- cipated. The applicant stated probably one island and that he would not mind if it was limited to one island which would be two or three pumps. There was no one to speak for the request. Mr. Lu Pritchett, 113 Wild Hickory Lane, Longwood, was sworn in and stated he is the District Manager for Cardinal Industries. ~ .r--.. r'~ Board of Adjustment Meeting M~rch 4, 1982 Page Three. Mr. Pritchett stated he is strongly opposed to this request because they feel it would destroy or deter from the neighborhood quality, that it would increase traffic and perhaps loitering. Mr. Jim Kelly, 115 N. Alderwood, was sworn in and stated he has a five year old and stated it has always been his experience where there is a convenient store open 24 hours - you find it becoming a gathering place for the younger adults. He stated he is concerned about the traffic generated as well as the safety of the children. Ms. Gayle Moody, 481 Seminole Avenue, Longwood, was sworn in and stated she was present to speak for her mother who owns property at 200 Moss Road. Ms. Mo'ody stated she drove around some of the convenient storffi and noticed the litter about a block and a half from the stores. She mentioned the bright lights, the noise and the additional traffic. Ms. Mary Scherer, 918 Derbyshire, Maitland, was sworn in and stated she had recently purchased the home at 204 Moss Road. She stated she felt this would lower the property value and that she is opposed to the request. Mr. Robert McCally, 113 N. Alderwood, was sworn in and stated he felt we already have enough convenient stores, that alot of children live in this particular area and that he was concerned with the increased traffic as well as the safety. Mr. Andy Garam, owner of North Orlando Foods, was sworn in and spoke against the request. Mr. Garam stated he felt this would be inviting trouble in view of the fact they have been burglarized three times in four weeks and they are right across from the Police Department. Mr. Alfred Besseson, 206 Moss Road, was sworn in and stated he was opposed to the request in view of the fact they have a noise and traffic problem at the present time. Mr. Besseson said he was concerned about the safety of the neighborhood due to the fact that almost every house on the whole block had been hit by a burlary in the past couple years. Mr. Maurice Brown, 117 N. Alderwood, was sworn in and stated he felt the people did not want anymore convenient stores and mentioned the crime problem. Mrs. Besseson, 206 Moss Road, was sworn in and stated she lives almost directly across from the property. Mrs. Besseson stated her concern over the loitering and questioned whether Mr. Hunt's property is large enough to accommodate what he is proposing. Mrs. Besseson stated Mr. Hunt moved in approximately two years ago and was to landscape his property. He is just now beginning to fix up the exterior of it. She stated it is not landscaped and there is a mobile home in back of the lot which she questions. She stated she was not opposed to his building an office, but did not agree with a convenient store. Mrs. Besseson stated she did not feel there was a need for another convenient store. Mrs. Marta Garam, 2849 Starwood Dr., Maitland, was sworn in and stated there are no sidewalks on that particular side of Moss Road and that she is opposed to the request. Mr. Hunt stated the reason for his request for the convenient store and the gas pumps is that he would like security and that he anticipates the planned unit development to be built in the future. Mr. Hunt stated it is an ideal location to service some 2700 people in the future. Mr. Hunt stated as far as crime and littering - he would be the owner of the property and he would have a professional office there. For crime to come into the neighborhood of his professional office would not make sense. Mr. Hunt stated he is frequently at his office on weekends and evenings working and that he would be concerned with the image of the surroundings. Mr. Hunt stated he would not want to promote the gathering of people in the vicinity of his office and that he did not want his property damaged. Mr. Hunt stated as far as establishing precedence - a multi-use building has potential for alot more safety than an isolated building. He stated he had spoken with the Police Chief \, L .~ ~---. Board of Adjustment Meetin~ March 4, 1982 Page Four. and he felt it would be an ideal situation - they would participate with the owners of convenient store operators in wiring directly to the Police Department a silent alarm. Mr. Hunt stated regarding the traffic - a church generates traffic, the signs the City puts up are generaters of traffic and that on a boulevard with an eight! foot right-of-way it was expected. The applicant stated if the convenient stores were to begin moving off of S.R. 434 and go back into the neigh- borhood where he feels they have a proper place to meet the needs without traffic generation, etc. it might open up 434 and allow our City not to look like a con- venient store strip. Mr. Hunt stated the mobile home on his property is for storage of equipment and files. He mentioned the conflict over the landscaping and stated it was complied with initially, but that the cold weather killed some of the plants and they will be replaced shortly. Mr. Hunt stated there was some conflict over whether the Site Plan Review Board justifiably proposes architecture on a building or not. Mr. Hunt stated this use is consistent with the ones listed for this zoning. Weiss stated she did not feel a 24-hour store would be consistent with the listings. Mr. Hunt stated it is in a residential neighborhood and that he would be more than willing to stipulate, if allowed the exception, that they would limit the hours of operation. The Chairman mentioned the letter received from Mr. Russell Martell opposing the request. Davis stated he felt they were there to represent the citizens of Winter Springs and that if the residents did not feel this would serve them he could see no reason to approve the request. Jacobs mentioned the increase of traffic and also stated he realized there were more detrimental developments that could be put in without the Board's approval. Weiss stated she agreed with Jacobs, but stated a convenient store at this location would cause a change of character in the neighborhood in as much as it is residential. Reid stated his concern over the hardships caused to the adjacent property owners. Reid said he did not feel it was in harmony with the intent of the code even though it is under C-2. Reid stated he felt it would be a hazard and would not be in the best interest of the health, safety and welfare of the neighborhood from the increased traffic and from the element that does hang around. Mr. Hunt did mention the fact he has been approached by someone to place a tavern on the site. Discussion. Davis moved to deny the application for a special exception to build a convenient store with fuel pumps thereon as applied for by Mr. Gary Hunt. Seconded by Holz. Vote: All aye; motion carried. Jacobs stated he wished they would rectify the code with regard to convenient stores. The Chairman reminded the Board of the passage of Resolution #379 and the letter from the City Attorney stating three affirmative votes were required for the passage of an item. She noted the appeal by Mr. Bridges on behalf of Mr. Alexatos which is coming before the Commission on the 23rd. Meeting adjourned at 9:15 p.m. ~~~~ Recording Secretary. l