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HomeMy WebLinkAbout1982 05 06 Board of Adjustment Regular Minutes ,.,......, ~ ,... ,,, BOARD OF ADJUSTMENT MEETING CITY OF WINTER SPRINGS MAY 6, 1982 << Meeting of the Board of Adjustment was called to order by Chairman Ellen Weiss. The pledge of allegiance was led by Ted Holz. There was a moment of silent prayer. ROLL CALL: CITY OFFICIALS: Harry Reid, present Ted Holz, present Bill Jacobs, present Al Davis, present Ellen Weiss, present Jacqueline Koch, City Planner APPROVAL OF MINUTES OF APRIL 1, 1982: Davis asked that his vote be corrected on the Request of Chemical Enterprises, Inc. for Special Exception for the sale of gasoline and sale of groceries in zone C-2 on the north side of S.R. 419 where North Edgemon Avenue joins S.R. 419 to: "No." Under the request of Steven L. Logue for Special Exception to operate a worm farm, a cypress mulching operation and a garbage company, in zone C-2 at the west end of old Sanford-Oviedo Highway (North Side of S.R. 419 where N. Edgemon Avenue joins S.R. 419) Reid asked that the minutes reflect their discussion of no hazardous waste to be allowed. He also clarified the storage of garbage would not be allowed on the trucks except in emergency situations and then only for 24 hours. The garbage is not to be removed from the vehicle on the site. (The motion excluded chemical waste). Davis moved to approve the minutes with the above corrections. Seconded by Reid. Vote: All aye. Motion carried. REQUEST OF PAUL RICCARD AND WARREN WILLIAMS, OWNER, FOR SPECIAL EXCEPTIONS IN ZONE C-l FOR OUTDOOR DISPLAY AND SALES OF PLANTS AND PATIO FURNITURE AND TO MAKE CEMENT TABLES ON SITE; ALSO FOR CONDITIONAL USE IN ZONE C-l TO RESIDE ON THE PREMI- SES AT 750 WEST S.R. 434 (BETWEEN SHEOAH BOULEVARD AND BIG CYPRESS GOLF CLUB). The City Planner stated the applicant with the authorization of the owner; Warren William~ wishes to operate a retail business dealing in plants and patio furni- ture. She stated Section 44.47 would allow either of those type of businesses as long as they were conducted entirely indoors. The applicant, Mr. Riccard also wishes to sell and display these items outside. Ms. Koch stated another exception is to use a portion of the northwest corner of the building within a fenced area to form cement tables. He is asking for a conditional use to reside in the house which is adjacent to the proposed retail facility. She stated these are three separate issues and should be dealt with separately. Mr. Paul Riccard, 7667 Princess Carol ct., Orlando,was sworn in and stated he would like to place railroad ties and mulching in the front. Mr. Riccard said he would like to display the tables and plants in the front. He would like to make the tables in the backyard in a fenced in area. Davis asked how large the lot was. The applicant stated it is an a'cre and a half. The Planner stated the home is approxi- mately 175' from the condominiums. Mr. Riccard stated he would not have any trucks on the property. He said he planned to place a 6' high wood fence in the back of the property where the manufacturing will take place. Mr. Riccard said he would bring in his raw materials with a trailer. There is an opening which would be large enough to get the trailer in the rear of the property. Jacobs asked if he wouldbe buying or renting, The applicant stated he would be leasing. Mr. Riccard stated he would be using a small portable electric cement mixer and that no noise or dust would be produced from the machine. The applicant stated the molds he would use were small. Weiss asked what hours he intended to work making the tables. Mr. Riccard stated he planned to work only during the daylight hours. The applicant will be making the tables as well as selling plants. Mr. Riccard will have two other people working there, but he would be ~ ~, .' . .. Board of Adjustment Meet~ng May 6, 1982 Page Two. the only one living there. The City Planner asked the applicant if he planned to bring the displays inside after hours. Mr. Riccard stated he only planned to bring in the plants - the tables would remain outside. There was no one to speak in agreement with the request. Residents signing in were all sworn in together. Mr. Robert Cox, 10-1 Sheoah Blvd, felt there would be dust and dirt produced from the operation. Mr. Cox had no objection to the selling of plants, but felt it would not be a good idea to produce the tables indoors. Mr. Kenneth Smith, 240 Hamden Place, Winter Park stated he owns condo #22 in bldg. 30 which he rents out. Mr. Smith stated he had done some checking with cement manufacturing companies and that there was dust from that type of operation. He also questioned the noise. Mr. Smith was not opposed to the selling of plants nor the residing at this location. Mr. John Nystrom, 758 Grettna Ct. stated he was not opposed to the selling of the plants nor the applicant residing at this location but that he is oppossed to the manufacturing which he felt could get out of hand. Ms. Shirley Tiffany, 50 Sheoah Blvd. stated the 6' fence would help block the operation, but the people who live in the two story condominiums upstairs would not be helped by the fence. Ms. Tiffany stated she was not against the applicant living on the premises nor the selling of plants, but is against the manufacturing of cement tables. Ms. Beth Ransom, 521 Moree Loop owns a condominium in building 20, apartment 12 which is upstairs. She stated this would look onto the operation proposed by the applicant. Ms. Ransom stated she is opposed to the manufacturing of cement tables but would approve of the applicant residing at the location and selling plants. MS. Pat Fleming, building 30, apartment #19 stated she felt the property values would go down, that she did not mind the plants but did oppose the manu- facturing of tables. Mr. Dick Tiffany, 50-33 Sheoah Blvd. stated he is against the manufacturing of cement tables but was not opposed to the applicant residing there or selling plants. Mr. Tiffany questioned the parking lot as to whose property it is located on. Ms. Rose Alcorn, 70 Sheoah Blvd. stated she is opposed to the manufacturing of tables and that she did not choose to set a precedent. Ms. Alcorn stated she is also against the outdoor sales but would not object to the applicant living there. Mrs. Carolyn Grant, 60-38 Sheoah Blvd. stated she has no objection to the applicant living at the location nor the selling of plants, but that she is opposed to the manufacturing and felt it would downgrade the area. Mr. Kirby Grant, 60-38 Sheoah Blvd. stated the only thing he objected to was the manufacturing of the tables. Ms. Linda Farmer, 20-9 Sheoah Blvd. stated she is opposed to the applicant living on the premises, the manufacturing of cement tables and the plant sales. MS. Sandra Diorio, 10 Sheoah Blvd. stated she is opposed to the manufacturing of tables only. Mr. Robert Wiseman, Unit 10 stated he did not oppose the applicant living on the premises nor the plant sales, but he is opposed to the manufacturing of tables. Mr. Bud Grammer, President of Big Cypress Golf Club stated he is opposed to any manufacturing on this site. Mr. Grammer stated he does not have a comment regarding the residing on the premises or the plant sales. Mr. Harve Winters, 60 Sheoah Blvd. stated he is opposed to the manufacturing of tables as well as the plant sales. In summation, Mr. Riccard stated he could make other arrangements for the manufacturing but that he would still like to strive for the outdoor sales and to reside on the premises. The City Planner stated they had a preliminary site plan review considering the indoor sales aspect. She stated the City Engineer had inspected the property and found the parking area to be adequate. Discussion. Davis moved to approve the outside display exception subject to the applicant keeping the front in orderly, neat, presentable aesthetics at all times. Davis felt this could be watched by the Police Dept. and if found in any other condition, be found in violation of the exception. Seconded by Jacobs. Vote: Jacobs, aye; Davis, aye; Weiss, aye; Reid, aye; Hol~, no; motion carried. Jacobs moved to deny the request to manufacture .... f' .' , Bo'ard of Adjustment Meet1.ng . May 6, 1982 Page Three. ~ cement tables. Seconded by Davis. Davis stated he felt this would not be in keeping with the type of business they would want on 434 that would be adjoining the golf course and the homeowners. He felt it would not be in the best interest, health, and welfare of the City. Weiss stated she did not see how it could be in the best interest health wise in that she could not see how the dust could be controlled. Holz stated he felt any manufacturing would be out of context with what should be along 434. Vote: All aye; motion carried. Jacobs moved to approve the request to live in the structure. Seconded by Reid. Davis stated it would probably be easier to maintain the premises if he was allowed to live there. Vote: All aye; motion carried. The Chairman reminded the audience of the appeal procedure. REQUEST OF ROBERT WOODWARD FOR SPECIAL,EXCEPTION IN ZONE R-1A TO CONSTRUCT AN ACCESSORY BUILDING AS NEAR AS 7 FEET 8 INCHES TO THE REAR PROPERTY LINE AT 180 NORTH CORTEZ AVENUE. The City Planner stated the request is to reduce the rear setback from 25' to 7' 8!' Thirteen letters were sent out and no written comments were received. Mr. Robert Woodward, 180 Cortez St. was sworn in and stated he would like to present five letternfrom adjoining property owners all stating they are in agreement with his request. The proposed building would be used strictly for storage. Weiss asked how long the construction would take. The applicant stated within the next two weeks. There was no one to speak against the request. The City Planner verified that two of the letter.3received were from residents in back of Mr. Woodward's home. Mr. John Cross, 160 N. Cortez was sworn in and stated he is not opposed to the request. Mr. Cross lives two doors ~own. Mr. Wayne Beal, 200 N. Cortez was sworn in and stated he lives next door and does not object to the request. Davis moved to approve the request of Robert Woodward subject to it being completed within two weeks and provided that it will be used for storage only. SecOnded by Jacobs. Vote: All aye; motion carried. REQUEST OF RAND SOELLNER FOR SPECIAL EXCEPTION IN ZONE R-1A TO CONSTRUCT A RESIDENCE TO A HEIGHT GREATER THAN 25 FEET AT 639 DOLPHIN ROAD. The City Planner stated the home is under construction. She stated the home was permitted in error - it exceeds the height for zone R~lA. MS. Koch stated this was determined when the owner called in for a framing inspection and the Building Inspector came back and checked with her on the zoning requirements at which time he could not continue with the inspections. The City Manager waived the fee. The applicant, Mr. land Soellner, 371 Hibiscus Rd., Casselberry was sworn in and stated he hoped to be living at 639 Dolphin Road soon. He stated his plans were approved - he now has his house almost completed and is told he has exceeded the height limitations. The City Planner stated the City Engineer has estimated the height is 2~' Mr. Soellner stated his setback from the road is approximately double what he is required to have. He has built the home back 48' and could have built within 25t of the road. Mr. Soellner stated the trees in the back are almost as high as the elevation of his roof. Mr. Soellner stated he was not informed of any special permission he needed when applying for the permit. Mr. Charles Roth, 221 Tides was sworn in and stated he lives five houses away from the applicant. Mr. Roth stated he felt the home was already permitted and that the aesthetics of the home were adequate and therefore was not opposed to the request. Discussion. Davis moved to approve the application of Rand Soellner as applied for. Seconded by Holz. Vote: All aye; motion carried. "......, Board of Adjustment Mee~ing . May 6, 1982 Page Four. .-." REQUEST OF NICHOLAS A. POPE, TRUSTEE FOR SPECIAL EXCEPTION IN ZONE C-l TO CONSTRUCT A GAS STATION WITH SALE OF GROCERIES ON NORTHWEST CORNER OF S.R. 434 AND MOSS ROAD. The City Planner pointed out that there will be a residential development adjacent to one side of this property. Mr. Bill Crump, representative for Tenneco and Mr. Pope, Mid-Fla. Agencies (Real Estate Broker) Winter Park was sworn in and stated Tenneco is proposing to put in a self-serve gasoline station with a mini-mart. Mr. Crump stated they do not classify it as a convenient store. Mr. Crump stated the station at this site would probably consist of 22-24 pumps. Mr. Crump presented some pictures of the type of operation which they are requesting. There is a similar site in Longwood. Weiss asked about the hours of operation. Mr. Crump stated the hours would vary based on traffic, but they anticipated opening around 6:00 a.m. and closing around midnight. They could eventually become a 24-hour operation. The mini-mart is approximately 30 X 40. Mr. Crump stated they do not anticipate any additional structures on the premises. Davis asked what type of sales they anticipated. Mr. Crump stated primarily beverages, beer, cigarettes and snack goods. Weiss asked about the loitering. Mr. Crump stated Tenneco has a thorough management training program and they are monitored through spot checks. Loitering/drinking is not allowed on the property. There are no video games. Weiss asked about a buffer behind the proposed station and the residential area. Mr. Crump stated they would want to satisfy the City's requirements. They normally employ 7-10 employees on a rotating basis. Davis asked the City Planner if they would be confronted with any traffic problems. Ms. Koch stated when that inter- section is paved it willl:e the major exit for emergency vehicles - traffic coming from cuts up on Moss Road will be in conflict with emergency vehicles. The future of Moss Road will probably be mostly multi-family so an increase in traffic to the north which we do not presently have could be expected. Ms. Koch stated that particular location would be more preferable with a low-traffic generating use and one which would not require more than one curb cut. The Planner cited the various policies (City's Comprehensive Plan, D.O.T., the County) limiting the curb cuts on arterial roads. Ms. Koch stated Lorian Acres Development is putting up a 6' fence along the back property line but that this would not aid the buffering of the upstairs of the quadruplexes. Mr. Bob Schumaker, Pres. of Construction Enterprises of Fla., 320 Highway 17-92, Casselberry was sworn in and stated be had developed the property originally and had recently sold the property to Nicholas Pope. Currently the property is under construction for quadruplexes. He has retained some of the lots and plansto do more building. Mr. Schumaker spoke in favor of the request. He mentioned the convenience to the residents. Mr. Jeff Wilson, 116 Desrrinar, Longwood was sworn in and stated he is one of the owners of the property. He stated he felt this would be an excellent addition to the City. Mr. Walt Judge, 301 Valley Drive, Longwood was sworn in and stated he is also one of the owners of the property. Mr. Judge spoke in favor of the request. There was no one to speak against tberequest. There were seven letters sent out and no written comments nor calls were received. Discussion. Davis moved to deny the application as applied for. He stated he felt the residents had already let their feelings be known in the past regarding such a enterprise. Motion died due to lack of a second. Jacobs moved to approve the request of Nicholas A. Pope as submitted. Seconded by Holz. Jacobs stated he was in agreement with the request due to the fact that Mr. Schumaker is not opposed to the request. Holz stated he felt this concept was in keeping with a particular service which should be offered to the citizens. Davis stated he felt the possibility of traffic congestion could be a problem. Discussion. Vote: Weiss, aye; Reid, no; Holz, aye; Jacobs, aye; Davis, no; motion carried. Reid stated he felt this request was not in the best interest, health, welfare and safety in view of the emergency vehicles using this road. .. 1'""', Board of; Adjustment Meeting May 6, 1982 Page Five. .--.. The Chairman reminded the Board of the appeal by Gary Hunt to be heard on May 11, 1982. Meeting adjourned at 9:50 p.m. Respectfully submitted, ~B~J. Recording Secretary. ~