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HomeMy WebLinkAbout1990 11 29 Board of Adjustment Regular Minutes J~lnw~JDl! O[C~ 8199B ~~. CJIY Qtf ~ilNTER SPJUg ! W J.I.A'IJ .. .I~~ . -t BOARD OF ADJUSTMENT MINUTES November 29, 1990 The meeting was called to order at 7:00 P.M. BOARD MEMBERS: James Greene, Chairman, Present Harry Reid, Vice-Chairman, Present Richard Tiffany, Present Frank Adams. Present Tim Johnson, Present CITY OFFICIAL: D. LeBlanc, Land Dev. Coordinator Approval of minutes of November 1, 1990: Reid made a motion to approve the minutes. Johnson seconded the motion. All ayes. Motion carried. Continuation of Florida Power Corporation's request from the November 1, 1990 meeting; with amended application to include nine (9) 230 KV structures which would complete the expansion: Greene said he had a letter from Mr. Binford stating that he has no objections. Discussion. Greene read the letter. Discussion. Mr. Lamb showed the plans to the Board. Discussion. Reid made a motion to approve the plan. Tiffany seconded the motion. All ayes. Motion carried. LeBlanc said construction had to be started six months from today. Request of V. Contestabile for a Special Exception to Section 20-252 of the Code to allow a tire shredder to be placed on the property located at 200 Old Sanford/Oviedo Road. The property is zoned C-2 (General Commercial and Industrial District.) LeBlanc stated that Mr. Contestabile is present, and that we have a letter from Mr. Owens who owns all of the surrounding property. Letters were also written by Mr. Bibby of D.E.R., and Mr. James Williams of The Lake Doctors, Inc. The Board studied the letters. Mr. Bob Dallas, Fire Marshall for Winter Springs, spoke. He asked for careful consideration of this request. He said the company in question was operating prior to receiving an occupational license. He was given a stop work order. He said that that area has no fire fighting water of any type. Everything over there has to have a fire fighting tank installed. However, he had been observed Board of Adjustment Minutes November 29, 1990 Page 2 since the stop work order was issued, operating as late as 4:00 this afternoon. Reid asked if this is the type of fire which is hard to put out and also toxic. Fire Marshall Dallas said yes. He said they are not easy to start, but once started, are extremely difficult to put out. Mr. Contestable showed a film of the tire shredding operation. He said he applied for an occupational license on October 27, 1990. He said he was bringing tires in but was not running his tire shredder. He said there are 1,500 tires still there. He asked if he could shred and was told he could not. Greene asked him if he had shredded any tires at all. He said yes, but the only time he had shredded. was when he had notified the Fire Dept. and the people in the vacinity. He said the City of Winter Springs told him they were going to limit him to 3,000 tires. He said there were no plans to put 30 or 40,000 tires on the sight. He said he agreed to put a 3,000 gallon tank of water on the site. He said he shreds the tires and ships them out to a landfill the same day. He said that Seminole County and DER didn't object to his operating the machine. He said he has a license from the DER to move his machine from place to place and shred tires. He said it is now a permanent installation at his work site. He said he applied to the DER for a processing facility license about a week ago, and he applied for a waste tire site notification which enables him to keep 5,000 tires. Johnson asked him if he anticipated needing another machine. Mr. Contestable said yes, he has a purchase order right now for a bigger, quieter, more efficient machine that will do 900 tires an hour. He said 3,000 tires would be fine. He said there should be no accumulation if the machine is running. He said his machine is quiet. Tiffany said Article VI says automotive tires. It doesn't say whether it has to be retail, so in one sense, it's already there. Contestable said he has a water tank on his premises which he thinks is a 11 ttle over 3,000 gallons. LeBlanc said 3,000 gallons would not work. He said it would have to be 10,000 gallons. Mr. Dallas said 10,000 gallons is the normal sized tank that the City requires for in-site operations. Greene stated that LeBlanc gave notice that the stipulation should be included if this request was granted, that no more than 3,000 tires may be stored on location at anyone time. LeBlanc said that in a staff meeting on the 13th, it was decided that 3,000 tires was one day's supply in case the machine breaks. Mr. Doug Owens, who owns a business at 360 Old Sanford/Oviedo Road, spoke. He said his concern is the environmental aspect of this operation. He said the product is hazardous to the ecological system. He questions the choice of the site. Greene said he has a letter from the Florida Department of Environmental regulations which he said leads him to believe they al'e aware of what is going on and what standards need to be met to operate at that site. Board of Adjustment Minutes November 29, 1990 Page 3 Mr. Dan Jackson. 240 Old Sanford/Oviedo Road, spoke. He said he has heard thered are two other businesses operating in this same location. One is an automotive repair. He is concerned with the environment. Robert Foley, 3450 Old Sanford/Oviedo Road, spoke. He said he would like this extended for perhaps 30 days also, for further evaluation. Mr. Contestable spoke. He said he sent an employee to the local residents to tell them what he was doing and if they had any problems they could come see the equipment or let him know. He went to everyone around the block. He complained about being shut down for 30 days. Mr. Hank Ritcher, owner of Orlando Plastics, probably the closest to Contestable's property, spoke. He said he was invited to see the operation work. He said he is not clear in his mind whether he would like to have this operation next door. Mr. James Williams of the Lake Doctors, Inc. spoke. He said he still has concerns regarding the future potential of a tire shredding operation. He said the equipment that he saw is not objectionable at this time. He said you can see his shed from Mr. Williams' parking lot, and you can hear it from the outside, but not from the inside. But he said he would like to see the fire safety code be taken into consideration, and some limit put on what he may bring in in the future. He said concerning the letter he had written regarding the loud noise, that the noise could possibly have been coming from the sand blasting operation. Tiffany asked if the Fire Department could possibly cooperate with Mr. Contestable if he could put in additional tanks of the size that he has now. Discussion. Mr. Contestable said he is willing to do whatever the Fire Department tells him to do. Reid suggested amending the Code to include a larger notification area to residents, of more than 150 feet. He questioned the necessity of storing the tires. He feels it is a risk hes unwilling to take. LeBlanc said the Staff stipulated 3,000 tires storage in case of a breakdown of the machine. If the machine is operating properly, the tires would be ground up within 24 hours. Discussion. Greene said the first question to discuss is that proper notice was perhaps not given, and we have a request for a continuance of this to a future date. He asked for discussion and a motion as to whether or not to continue it. Discussion. Adams made a motion that we vote on this tonight. Tiffany seconded the motion. Vote on the motion. All ayes. Motion carried. Reid made a motion to deny it. Johnson seconded the motion. Reid stated that the surrounding businesses don't want it there. It is a variance, so it's not in the Code. He said he thinks there are severe environmental concerns. Adams Board of Adjustment Minutes November 29, 1990 Page 4 said he feels there are too many constraints asked for. We are opening "Pandora I s Box" for violations of condi tions, and what we do now, opens it anytime. For that reason, he favors the motion. Greene said that basically we are saying that a tire shredding business cannot exist in Winter Springs because a tire shredding business did not exist at the time the Code was written. He said the applicant has a business which meets State regulations. The State has looked at it and understands how it should be done. The storage unit according to the State is defined as 20 times the daily output. He said he feels we are being offered a business here that is definitely needed. He feels we may be making a mistake. Vote on the motion: Adams, aye; Johnson, aye; Reid, aye; Greene, no; Tiffany, no. Motion carried. Greene read to Mr. Contestable what a person must do who decides to appeal a decision. He told Mr. Contestable that he may appeal this decision to the City Commission. Reid moved that we put on the agenda tonight to discuss notification of businesses. Tiffany seconded the motion. Vote on the motion: All ayes. Motion carried. LeBlanc stated that the Code requirement is that we have to notify people within 150 feet of the property by certified mail seven days before the meeting. Discussion. There was discussion about recommending to the Commission changing the Code to extend the number of feet in which people must be notified. LeBlanc said there is no requirement for change of zoning or Land Use to notify anyone. The P&Z Board asked that we notify the abutting property owners. Discussion. Greene suggested that we think about this. He asked Mr. Hopkins, Chairman of P&Z if this is an item P&Z might want to consider. Hopkins said yes. Greene recommended keeping this open. Reid made a motion that we recommend to the City Commission that they revisit the Code with the possible idea of changing the distance for notification. Greene suggested thinking about it and discussing it at the next meeting. Discussion. Reid withdrew his motion. Discussion will continue at the next meeting. Greene asked Hopkins if P&Z could look into that. Adams made a motion to adjourn. Reid seconded the motion. All ayes. Motion carried. The meeting adjourned at 8:40 P.M.. Respectfully Submitted, Caroline McGinley