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HomeMy WebLinkAbout1992 04 02 Board of Adjustment Regular Minutes BOARD OF ADJUSTMENT MINUTES April 2, 1992 The meeting was called to order at 1:00 P.M. BOARD MEMBERS CITY OFFICIAL James Greene, Chairman, Present Harry Reid. Vice-Chairman, Present Frank Adams, Present Al Becker, Present John Heninger, Present D. LeBlanc, Land Devel. Coord. L. T. Kozlov, City Engineer Approval of Minutes of March 5. 1992 The following two corrections were made to the minutes: (1) Page 2, 6th paragraph - the word pond should be inserted to read: "The City of Winter Springs' Code states that the bottom of retention pond levels". (2) Page 3, 6th paragraph - Separate the paragraph into two sentences; ending the first sentence with "Tuscawilla Pines". "Discussion and questions", begins the second sentence. Request of Sprinas Land Investments. Ltd. for Variances to Section 9-241(d) to allow retention/detention pond bottom elevations to be less than one (1) foot (12 inches) above the seasonal hiqh water elevation: and to Section 9- 346 to allow an approved Site Plan to be valid for a period of qreater than one (1) year. LeBlanc presented both variances to the Board: 1) to allow a wet-bottom retention/detention pond; and 2) to allow the site plan approval to be valid until six (6) months after Florida Department of Transportation's realignment of S.R. 434. (Due to recorder malfunction, the above was omitted from the tape.) Greene asked if this was a real project and not a hypothetical one. LeBlanc stated that the. Staff is treating this project as a real Site Plan. Christy Wilson, attorney for Springs Land, explained that they were delayed and had to withhold development on this property because the Florida Department of Transportation had a Map of Reservation ac:ross this property, now declared unconstitutional by the Florida Supreme Court. When FDOT does finalize its plans, Springs Land will be prepared to proceed. - - Board of Adju~tment Minutes April 2, 1992 . Page 2 Greene asked about the potential of both a grocery and retail tenant. Wilson stated that they have had inquiries from both. Springs Land cannot commit, with respect to a timeframe, because they are not sure what FOOT's timeframe is. Discussion followed regarding the entryway to the Park. Adams questioned if the plan for S.R. 434's modification by FOOT is not layed out, how do we know this will be a realistic development. LeBlanc stated that per the recent court case, right-of-ways cannot be reserved; they must be purchased. Since FDOT has not purchased it, the City cannot prevent a person from developing his property by virtue of a reserved right-of-way. Regarding the retention/detention pond, Kozlov stated that the plan.does meet the minimum requirements of the Code and Engineering is satisfied. Adams asked if variance with an extension be granted, can Springs Land change plans. LeBlanc stated that the variance is for a wet bottom pond on this property and Springs Land cannot modify the plan without staff approval. Reid questioned landscaping. LeBlanc stated that there is nothing requiring landscaping in the Code presently. On the S.R. 434 side of the property, they will be putting in landscaping, which is not shown on the submittal. Wilson confirmed that landscaping is planned, even though it is not required by the City Code. Reid motioned to approve both variances with the condition that the islands and the perimeter around S.R. 434 be kept landscaped, where it will not beCOMe a traffic hazard. Seconded by Becker. Vote: all ayes. Motion granted. Meeting was adjourned at 1:45 p.m. Respectfully submitted, 3~~ Fran Gramarosa, Recording Secretary Board of Adjustment