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HomeMy WebLinkAbout1991 02 07 Board of Adjustment Regular Minutes A MEN D E D BOARD OF ADJUSTMENT MINUTES February 7, 1991 The meeting was called to order at 7:00 P.M. BOARD MEMBERS James Greene, Chairman, Present Harry Reid, Vice-Chairman, Present Frank Adams, Present Tim Johnson, Absent CITY OFFICIAL D. LeBlanc, Land Development Coordinator Approval of Minutes of January 3, 1991 Adams noted that on page two of the minutes, last paragraph, 3rd from the bottom line, there is a "12.1" feet where it should be 12~ feet. Reid made a motion to accept the minutes with that change. Adams second the motion. All aye. Motion carried. Greene noted that on Janury 14, 1991 the City Commission unanimously granted a Variance on the appeal of this Board's ruling on the tire storage facility. It was decided to move the request of Michael Dorcean to number four, as there was no one present to represent him. Request of D.R. Horton for a Variance to the front yard setback, as defined on the recorded plat, from 65' to 43.98'. The property is zoned Planned Unit Development (PUD) and is located at 751 Bear Creek Circle. LeBlanc said most of the covenants within the Tuscawilla PUD allow minor variances to be granted. Bear Creek Estates does not. Mr. Horton is here to speak, and there are letters from the ORB stating there is no objection. LeBlanc asked that if the Variance is granted, it be for 43' in case there is a mistake of a few inches. Mr. David Auld, representing D.R. Horton, and the owner of the prospective house where the Variance is being requested, spoke in lieu of D.R. Horton's speaking. He said there is a greenbelt area that comes onto the lot and there are Variances to keep from tearing out trees that are a part of that greenbelt area. He is trying to build a pool without cutting down the trees. The neighbors adjoining the property have been notified. Discussion. Greene said he is basically asking to go from 65' to 43' on the front setback. Mr. Michael Bass, 753 Bear Creek Circle, (next door to the property in question) said he did not really object to the Variance, but he did want to make sure there will be no infringement on the greenbelt, and that.the landscaping be moved forward so that the pool is not in view from his house. Discussion. Reid moved that the Variance be approved with the condition that the trees be left, and with the condition of 43 feet. ,,-.. '--. Amended Board of Adjustment Minutes February 7, 1991 Page 2 Adams second the motion. Vote on the motion. All aye. Motion carried. Request of Lewis Tryon for a Special Exception to allow an outdoor salesl display as stated in Section 20-232(b) of the Code. The property is zoned C-1 (Neighborhood Commercial), and is located at 531 East SR 434. The property is located on the west side of the Cumberland Farms complex and is doing business as Dependable Lawn Equipment. Greene stated that outdoor sales or display are prohibited except for Special Exception. David Tryon, son of the owner of Dependable Lawn Equipment spoke. He said they are asking for permission to display lawnmowers outside the building during business hours. He said they have gone to all of the surrounding neighbors to ask permission, and the neighbors do not disagree with their request. Discussion. Adams made a motion to grant the Variance as requested with the boundaries at 7 feet to the front and 30 feet to the side, and not on the front sidewalk that is adjacent to the building. Reid second the motion. Vote on the motion. All aye. Motion carried. Request of Bill Goddard, agent for Robert W. Baxley, for a Variance to Section 20-253 of the Code to exceed the fifty (50) foot height limitation. The applicant is proposing to erect a 180' communications tower. The property is zoned C-2 (General Commercial and Industrial District) and is located at 1200 Belle Avenue. LeBlanc asked that the motion state that free tower space be given to the City for public safety. He said Mr. Goddard has agreed to do that. Bill Goddard from Cellular One spoke. He said they would like to build the tower to provide mobile and cellular telephone service for Winter Springs. He said he agreed with LeBlanc's statement that free tower space be provided with the exception that it would not interfere with their transmission. Adams said he noticed there are trees in the medium in the area between the two asphalt parking areas. He said there are at least three to five trees in that area. He asked if there is a condition that they have to do something with those trees if they are granted the Variance. Mr. Baxley said he felt they would not lose more than three trees. LeBlanc said the Engineer will check to see what has to be done. Mr. Adams made a motion that we grant the Variance with the condition that the trees be moved or replanted, or at least an equal number of trees be planted, that free tower space be given to the City for public service, that a hedge be put around the front, and space on the tower be given as long as it doesn't interfere with Mr. Baxley's operation. Reid second the motion. Vote: all aye. Motion carried. 4 . . \ - Amended Board of Adjustment Minutes February 7, 1991 Page 3 Request of Michael Dorcean for a Variance to Section 20-146(3) of the Code to allow a tennis court to be built within the side yard setbacks of twenty feet. The property is zoned R-C1 (Single-Family Dwelling District). The address is 280 East Paname Road. LeBlanc said the tennis court can be built. He said the fence cannot be built. He said were it not in the sideyard requirements, it could be built. He said the Code addresses only 8 foot fences on property lines. They are asking for a ten foot fence. Dick McGuire, 290 East Panama Road said the tennis court has already been built. Discussion. Greene said he thinks we could grant a Variance to allow a ten foot fence to be built around the perimeter of the tennis court - a chain link fence, 120 feet long and 60 feet wide. LeBlanc said to make sure of the distances from the property line - 14~ feet on the east side and 10 feet on the west. Reid made a motion to accept the Variance to allow a ten foot fence to be built around the perimeter of the tennis court - a chain link fence 120 feet long and 60 feet wide, 14~ feet from the property line on the east, and 10 feet from the property line on the west as shown on the picture the Board was supplied. Adams second the motion. Vote on the motion. All aye. Motion carried. The meeting adjourned at 7:45 P.M. Respectfully submitted, Caroline McGinley (Amended by Fran Gramarosa) BOARD OF ADJUSTMENT MINUTES February 7, 1991 The meeting was called to order at 7:00 P.M.. BOARD MEMBERS James Greene, Chairman, Present Harry Reid, Vice-Chairman, Present Frank Adams, Present Tim Johnson, Absent CITY OFFICIAL D. LeBlanc, Land Dev. Coordinator Approval of minutes of January 3, 1991 Horan noted that on page two of the minutes, last paragraph, 3rd. frolll the bottom line, there is a "12 1" feet where it should be 12 1/2 feet. Reid made a motion to accept the minutes with that change. Greene seconded the motion. All ayes. Motion carried. Greene noted that on January 14, 1991 the City Commission unanimously granted a Variance on the appeal of this Board's ruling on the tire storage facility. It was decided to move the request of Michael Dorcean to number four, as there was no one present to represent him. Request of D.R. Horton for a Variance to the front yard setback, as defined on the recorded plat, from 65' to 43.98'. The property is zoned Planned Unit Development (PUD) and is located at 751 Bear Creek Circle. LeBlanc said most of the covenants within the Tuscawilla PUD allow minor variances to be granted. Bear Creek Estates does not. Mr. Horton is here to speak, and there are letters from the ORB stating there is no objection. LeBlanc asked that if the Variance is granted, it be for 43' in case there is a mistake of a few inches. Mr. David Auld, representing D.R. Horton, and the owner of the prospective house where the Variance is being requested, spoke in lieu of D.R. Horton's speaking. He said there is a greenbelt area that comes onto the lot and there are Variances to keep from tearing out trees that are a part of that greenbelt area. He is trying to build a pool without cutting down the trees. The neighbors adjoining the pl'opel'ty have been notified. D'iscussion. Greene said he is basically asking to go from 65' to 43' on the front setback. Mr. Michael Bass, 753 Bear Creek Circle, (next door to the property in question) said he did not really object to the Variance, but he did want to make sure there will be no infringement on the greenbelt, and that the landscaping be moved forward so that the pool is not in view from his house. Discussion. Reid moved that the Variance be approved with the condition that the trees be left, and with the condition of 43 feet. ,-.. Board of Adjustment ~~Dutes February 7, 1991 Page 2 - Adams seconded the motion. Vote on the motion. All ayes. Motion carried. Request of Lewis Tryon for a Special Exception to allow an outdoor sales/display as stated in Section 20-232 (b) of the Code. The property is zoned C-1 (Neighborhood Commercial), and is located at 531 East SR 434. The property is located on the west side of the CUlllberland Farms complex and is doing business as Dependable Lawn Equiplllent. Greene stated that outdoor sales or display are prohibited except for Special Exception. David Scotchmire, son of the owner of Dependable Lawn Equipment spoke. He said they are asking for permission to display lawnmowers outside the building during business hours. He said they have gone to all of the surrounding neighbors to ask permission, and the neighbors do not disagree with their request. Discussion. Adams made a motion to grant the Variance as requested with the boundaries at 7 feet to the front and 30 feet to the side, and not on the front sidewalk that is adjacent to the building. Reid seconded the motion. Vote on the motion. All ayes. Motion carried. Request of Bill Goddard, agent for Robert W. Baxley, for a Variance to Section 20-253 of the Code to exceed the fifty (50) foot height limitation. The applicant is proposing to erect a 180' communications tower. The property is zoned C-2 (General Commercial and Industrial District) and is located at 1200 Belle Avenue. LeBlanc asked that the motion state that free tower space be given to the City for public safety. He said Mr. Goddard has agreed to do that. Bill Goddard from Cellular One spoke. He said they would like to build the tower to provide mobile and cellular telephone service for Winter Springs. He said he agreed with LeBlanc's statement that free tower space be provided with the exception that it would not interfere with their transmission. Adams said he noticed there are trees in the lIIedium in the area between the two asphalt parking areas. He said there are at least three to five trees in that area. He asked if there is a condition that they have to do something with those trees if they are granted the Variance. Mr. Baxley said he felt they would not lose more than three trees. LeBlanc said the Engineer will check to see what has to be done. Mr. Adams made a motion that we grant the Variance with the condition that the trees be moved or replanted, or at least an equal nUlllber of trees be planted, that free tower space be given to the City for public service, that a hedge be put around the front, and space on the tower be given as long as it doesn't interfere with Mr. Baxley's operation. Reid seconded the motion. Vote on the 1II0tion. All ayes. Motion carried. Board of Adjustment Minutes February 7, 1991 Page 3 Request of Michael Dorcean for a Variance to Section 20-146 (3) of the Code to allow a tennis court to be built within the side yard setbacks of twenty feet. The property is zoned R-C1 (Single-Family Dwelling District). The address is 280 East Panama Road. LeBlanc said the tennis court can be built. He said the fence cannot be built. He said were it not in the sideyard requirements, it could be built. He said the Code addresses only 8 foot fences on property lines. They are asking for a ten foot fence. Dick McGuire, 290 East Panama Road said the tennis court has already been built. Discussion. Greene said he thinks we could grant a Variance to allow a ten foot fence to be built around the perimeter of the tennis court - a chain link fence, 120 feet long and 60 feet wide. LeBlanc said to make sure of the distances from the property line - 14 1/2 feet on the east side and 10 feet on the west. Reid made a motion to accept the Variance to allow a ten foot fence to be built around the perimeter of the tennis court - a chain link fence 120 feet long and 60 feet wide, 14 1/2 feet from the property line on the east, and 10 feet from the property line on the west as shown on the picture the Board was supplied. Adams seconded the motion. Vote on the motion. All ayes. Motion carried. The meeting adjourned at 7:45 P.M.. Respectfully submitted Caroline McGinley