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HomeMy WebLinkAbout1983 03 03 Board of Adjustment Regular Minutes ~ ~ Board of Adjustment Meeting March 3, 1983 7:30 P.M. The regular meeting of the Board of Adjustment was called to order by Chairman Weiss. The Pledge of Allegiance to the Flag was led by Louise Poole. ROLL CALL: Ellen Weiss-Chairman, present Bill Jacobs-Vice Chairman, present Louise Poole, present Ted Holz, present Harry Reid, present CITY OFFICIALS: Jacqueline Koch, City Planner Jack Cooper, City Engineer Richard Rozansky, City Manager Motion was made by Poole, seconded by Reid to approve the minutes of January 6, 1983. Vote; all aye, motion carried. REQUEST OF VIRGIL GODINHO AND FAUSTO DASILVA FOR SPECIAL EXCEPTION IN ZONE RC-l TO CONSTRUCT FENCES HIGHER THAN FOUR FEET WITHIN THE 50 FOOT FRONT SETBACK AT 240 AND 250 BAHAMA ROAD (LOT 3, BLOCK B, RANCHES SECTION 1). Presentation by City Planner, Jacqueline Koch. Both Virgil Godinho and Fausto DaSilva came forward and were sworn in by the Chairman. Mr. Godinho stated that he wanted to put a 5 foot fence on the front of the property and 6 foot en the sides and rear. Discussion. Michael Amy 100 W. Bahama, and Herb Watson (abutting property owner) were sworn in by the Chairman and spoke in opposition to the request. Discussion. Motion was made by Jacobs to deny the request of Virgil Godinho and Fausto DaSilva. Motion failed due to lack of a second. Motion was made by Holz to approve the request of Virgil Godinho and Fausto DaSilva. Amendment was made by Reid to require a buffer along the fence, possibly a hedge. Motion by Holz and amendment by Reid failed due to lack of a second. Motion was made by Jacobs and seconded by Poole for discussion to deny the request of Virgil Godinho and Fausto DaSilva. Discussion. Vote: Jacobs, aye; Poole, aye, Weiss, aye; Holz, nay; Reid, aye. Motion carried. REQUEST OF FLORIDA LAND COMPANY FOR CONDITIONAL USE IN ZONE C-l TO CONSTRUCT MULTI-FAMILY DWELLINGS ON SOUTHEAST CORNER OF S.R. 434 AND MOSS ROAD (PARTS OF LOTS 52 and 53, BLOCK D, D.R. MITCHELL SURVEY). Presentation by Ms. Koch to the Board, in which she stated one letter was received from a property owner, Elaine Wack, who was in opposition to the request, The Chairman requested that the letter be included in the minutes. Discussion. Mr. C.A. Schmidz residing at 156 Tollgate Trail, Longwood, was present to speak in behalf of the individuals acquiring this property from Florida Land. Mr. Schmitz came forward and was sworn in by the Chairman. Discussion. The following spoke for the request with conditions indicated: Lee Chira; 125 S. Court Street fencing buffer on northern boundary towards 434. The following spoke against the request: Joseph Dunn, 200 Hacienda Village, Ellen Powell, 95 Hacienda Village; Frank Broyles, 244 Hacienda Village; Gwen Howell, Hacienda Village, Mr. Owens, Hacienda Village; Lloyd Anderson, 261 Hacienda Village, Michael December, 33 Hacienda Village; Michael Amy, 100 W. Bahama. Discussion. Jacobs inquired of the Chairman if this is a Public Hearing, citing Section 44.48, Conditional Use. Discussion. Mr. C.A. Schmitz made some closing statements and stated that they would be willing to put up a six foot wood fence on two sides (westerly and southwesterly Qf Hacienda Village). Reid stated he would abstain from voting in this request due to a conflict, "Discussion. .,.-., ....-.., Board of Adjustment Meeting March 3, 1983 Page 2 Input from Jacobs on whether this meeting qualifies as a public hearing. Discussion. Input from Poole that it appears some of the individuals who spoke against this request would not be in objection to it if some further clarification could be expressed. Joseph Dunn, opposed, citing density; Ms. Powell, opposed; Mr. Broyles, in favor, with proper buffering and fence; Ms. Howell, in favor, with single story and fence; Mr. Anderson, opposed; Mr. Owens, opposed; Mr. December, opposed. The Chairman called a five minute recess. The meeting was reconvened and motion was made by Poole and seconded for discussion by Jacobs to table the request of Florida Land Co. for conditional use in zone C-l to construct multi-family dwellings on S,E. corner of S.R. 434 and Moss Road until this Board receives further clarification as to whether this is a proper public hearing, Discussion. Vote; all aye, motion carried. Ms, Koch was asked to obtain a written opinion from the current City Attorney on a Board member abstaining from voting due to possible conflict. Input from City Manager Richard Rozansky, Discussion, REQUEST OF HAROLD T. FUES FOR SPECIAL EXCEPTION TO SECTION 44.23.6 TO OPERATE A COMMERCIAL ENTERPRISE WITHOUT SUBMITTING AN ENGINEERED SITE PLAN AND INSTALLING IMPROVEMENTS IN ZONE C-2 AT 550 WADE STREET, (THAT PART OF LOT 11, LYING SOUTH OF OLD SANFORD-OVIEDO ROAD, OF ENTZMINGER FARMS ADD. NO.2) P.B. 5, PAGE 9, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FL. Ms. Koch gave a presentation and background on the applicant's request. Discussion, Harold T. Fues, Deltona, Florida, came forward and was sworn in by the Chairman. Mr. Fues discussed briefly how he acquired the lease on this salvage business and the status of the business cur- rently. Discussion. Clarification from City Engineer Jack Cooper on why Mr. Fues is before this Board and the engineering criteria that are necessary for review by the City before op- eration of a business. Discussion. There was no one to speak for or against this request. Motion by Jacobs to approve Harold T. Fues request for special exception. Seconded for dis- cussion by Holz. Discussion. Clarification on a possible time frame on this request by City Manager Richard Rozansky. Discussion. Further clarification from the City Engineer on this request in regards to a time frame. Discussion, Amendment to motion by Jacobs to grant the special exception for a period not to exceed one year, Seconded by Holz. Jacobs amendment amended to eighteen months by Poole. Seconded by Jacobs, Vote on amendment of twelve months: all n~. Amendment failed. Vote on amendment of eighteen months: Weiss, aye; Poole, aye; Jacobs; aye; Holz, aye; Reid, nay. Amendment carried. Vote on motion as amended for eighteen months: Jacobs, ~e; Poole, aye; Weiss, aye; Holz; aye, Reid; nay. Motion carried. REQUEST OF FAIRWAY MARKETS AND MARC HAGLE, PROPERTY OWNER, FOR SPECIAL EXCEPTION IN ZONE C-l TO HAVE OUTDOOR SALES AND DISPLAYS ON THURSDAYS THRU FRIDAYS UNTIL THE END OF MAY, 1983, AT THE VILLAGE MARKETPLACE ON S.R. 434 AT SHERRY AVENUE. Ms. Koch stated the reason for this request is to attract business into the shopping center, Discussion. Duane Reichart, 45 Magnolia Avenue, Soreento, came forward to speak in behalf of the applicant. Mr. Reichart basically stated that business is poor, this was the reason for the promotional type sales in the parking area, Discussion. Those who spoke in favor of the application: City Manager Richard Rozansky. Discussion. Motion made by Jacobs seconded by Reid, to approve the request of Fairway Market and Marc Hagle. Discussion. Vote: Holz, aye; Reid, aye; Weiss, nay; Jacobs, aye, Poole, aye, Motion carried, Meeting was adjourned at approximately 10:15 p.m.