HomeMy WebLinkAbout1990 08 02 Board of Adjustment Regular Minutes
BOARD OF ADJUSTMENT MINUTES
August 2, 1990
The meeti~ was called to order at 7:00 P.M.
BOARD MEMBERS:
Harry Reid, Vice-Chairman, Present
James Greene, Chairman, Present
Richard Tiffany, Present
Terri Donnelly, Present
Tim Johnson, Present
CITY OFFICIAL:
D. LeBlanc, Land Dev. Coordinator
Approval of Minutes of June 7, 1990:
Greene asked if there were any questions, Camlents or corrections to the
minutes of June 7, 1990. Donnelly moved to approve the minutes of June 7,
1990. Seconded by Johnson. Vote: All aye. t-t:>tion carried.
Election of Chairman and Election of Vice-Chairman: i.
Reid rooved to keep the officers as they are. ~ by Tiffany. Vote: All
aye. t-t:>tion carried - Greene Chairman and Reid Vice-Chairman.
Request of Ms. Barbara Price, for a Special Exception to Section 20-232.81(a)
of the Code to Allow the Construction of a Mini -Mart with Fuel Services, at
Property Located at 401 West State Road 434 (Formerly Florida National Bank).
The Property is Zoned C-1 (Neighborhood Commercial District):
LeBlanc stated that the Board has received the packet pertaini~ to this
request. He mentioned that the Board also has a letter stating that this would
used by a major oil company. The Board also has received a letter from the
cwner of Forenze Hobby Center, located across the street from the property
stati~ they have no objections to this project. He also stated that Ms. Price
is present for any questions.
Tan Freeman, attorney for the applicant, spoke for his client.
Freeman distributed letters to the Board from adjacent businesses in the area
stating they had no objections to this project.
Freeman stated that this project would not be sanethi~ unpleasant. This
project is not inconsistent to any business in the area. He stated that the
building on the site l'lCM will be torn cicN:l. There will be a modern day mini-
mart supplying gasoline. He stated that it would be sanethi~ similar to the
t-t:>bil station on the corner of S.R. 434 and Tuscawilla Road.
Freeman stated that when this project canes before the site plan review
camnittee it will include ample landscaping. The access will be moved back
fran S.R. 434. There will be a significant amount of greenery and open space.
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Board of Adjustment Minutes
August 2, 1990
Page 2
Freeman showed the Board a picture of a mini -mart that this would be similar
to.
Freeman also stated that there will be a significant buffer fran the
residential property behind this project.
Gary Williams, CMl1er of property adjacent to the proposed project, stated his
concerns of this project. He stated that if the entrance is moved down it will
be closer to his property. He also mentioned. the noise and litter this would
create. He stated his concern of the twenty foot buffer f~ his property and
the property in question. He mentioned that there is a sidewalk along the
greenbel t for the children to use to get to the elementary school.
Williams stated that he is very much against this project.
Freeman stated that the time of the site plan they will canply to all the City
Code requirements.
LeBlanc stated that the Code states that there be a thirty foot buffer.
Section B 20-237.
Williams asked if there would be sane sort of wall to keep the noise and litter
fran carning into his property.
It was determined. that the zoning requires a six foot wall. LeBlanc stated
that the Code calls for a fence or hedge or other to buffer residential from
camnercial. LeBlanc stated that the City has been requiring a six foot wall
along the 434 corridor to buffer residential from commercial.
Freeman stated that if the gentleman wants a wall to buffer this project from
his property then they will place a six foot wall in the thirty foot buffer
area.
Williams stated that this wall would alleviate sane of his concerns but state
that he is still against the request as there is an over abundance of mini-
marts in the area.
Geraldine Harris, resident of S. Edgemon Avenue, her property is across the
street fran Mr. Williams. She asked what type of station will this be.
Freeman stated that this is not known at this time, this is still in thefnegotiation stages.
Harris stated her concern of the over abundance of convenience stores and her
concern of the children goirg to and fran school. She also mentioned the noise
and Ii tter this project would create and she mentioned the lights at night from
this project. Harris stated she was against this request.
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Board of Adjustment Minutes
August 2, 1990
Page 3
Anthony Nasse, resident of S. Edgemon Avenue, stated his concern of the traffic
this project would create on Edgemon Avenue and stated he was against this
request.
Freeman stated that this type of use is much better than what the code calls
for as it states there can be a full service gas station with mechanical
services in zoning of C-1. He stated this project is a step up from a full
service station and this project is consistent with the area.
Donnelly stated that she thinks this is a good project for the area.
There was discussion on the request.
Reid moved to approve the application with certain conditions; and the
conditions being that it not be a convenience store such as 7-11, CUmberland
Farms or a Circle K type store with added pumps, that it be a gas station/mini-
mart type wi th the quality and landscaping and amenities at least in quali ty in
the amount of the stations mentioned such as the Exxon station at S.R. 434 and
17-92 and the Mobile station at the corner of S.R. 434 and Tuscawilla Road; a
JOOdern type station that is conducive with the new type of Winter Springs
atmosphere. A t least with the aJOOunt of green areas and set backs and
landscaping and type of structure that these other stations have, and also
maintain the thirty foot buffer in the back with no variance to that, maintain
the green area wi th a six foot wall and a sidewalk and to be better landscaping
than there is now. Seconded by Johnson. Vote: All aye. Motion carried.
Green stated that if any person, or persons, jointly or severally, aggrieved by
any decision of the Board of Adjustment may, wi thin thirty days after the
filing of any decision in the office of the Board of Adjustment, but not
thereafter, apply to the City Council for administrative relief. After a
hearing before the Cit Council an aggrieved party may, within thirty days after
the decision of the City Council, file an appeal with a court of competent
jurisdiction over the subject matter.
The meeting was adjourned at 7:38 P.M.
Respectfully SUbni tted,
Margo Ho);id.ns, Recording Secretary
Board of Adjustment