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HomeMy WebLinkAbout2002 10 23 Board of Adjustment Regular Minutes CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING OCTOBER 23,2002 I. CALL TO ORDER Board Member Thomas Waters called the Regular Meeting to order Wednesday, October 23, 2002 (originally scheduled for October 3, 2002), at 7:01 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Board Member Gary Diller, present Board Member John Herbert, present Board Member Jack Taylor, present Board Member Thomas Waters, present The Pledge of Allegiance followed. II. CONSENT CONSENT A. Approval Of The August 1, 2002 Regular Meeting Minutes. Board Member Waters asked, "Do I have a Motion to approve the Minutes of August 1 SIT' MOTION BY BOARD MEMBER TAYLOR. "YES." SECONDED BY BOARD MEMBER HERBERT. DISCUSSION. WITH CONSENSUS OF THE BOARD, THE MOTION WAS APPROVED. MOTION CARRIED. III. REGULAR AGENDA REGULAR A. Centex Homes Of Florida Requests A Variance From The Requirements Of Section 9-241. Of The City Code Of Ordinances, The Pre-Development And Post- Development Storm-Water And/Or Floodwater Volume And Rate Requirements For Storm-Water And/Or Floodwater Management For New Developments. Wagner's Curve Townhouse And Commercial Development Along State Road 434, Just North And West Of The Post Office Storm-Water Pond. Parcel ID # 26-20-30-SAR-ODOO-018C And 26-20-30-SAR-ODOO-0200 CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - OCTOBER 23,2002 (ORIGINALLY SCHEDULED FOR OCTOBER 3, 2002) PAGE20F7 Mr. John Baker, Current Planning Coordinator, Community Development Department, introduced Ms. Kimberly Hall, former City Engineer/ Stormwater Utility Manager, who presented this Agenda Item. Ms. Kimberly Hall, Engineering Consultant, Avid Engineering Inc., 7208 West Sand Lake Road, Orlando, Florida: stated, "In the past we have not been having people meet this Code. We have had them write a letter proving that they are not discharging into an area that is known flooding and just state they should not have to. The Code also is consistent with the practices of the Water Management District, which is also in our Code. That is a requirement of our Stormwater permitting process for engineering. They do meet that so I am recommending that Centex does not have to meet the Stormwater Volume Metric Codes. But they do have to meet the prepost quantity codes which just limits the rates that they discharge but not the volume." Board Member Jack Taylor asked, "If we approve this, these stipulations that she mentioned, are they all covered if we just give approval for it? Or is that in paragraph 3). here on the findings? I guess it is not really stipulated is it?" Ms. Hall stated, "They still have to meet the standard Codes, both through us and the Water Management District. The main one being that we limit your prepost quantity which is the rate, how fast it leaves your site. They do need that." Board Member Taylor stated, "And that is covered?" Ms. Hall stated, "That is in the Code with us and the Water Management District, yes." MOTION BY BOARD MEMBER T AYLOR. "I WILL MAKE A MOTION TO RECOMMEND APPRO V AL OF THIS AGENDA ITEM AND PASS ALONG TO THE WINTER SPRINGS COMMISSION FOR FINAL APPROVAL." SECONDED. DISCUSSION. VOTE: BOARD MEMBER HERBERT: AYE BOARD MEMBER TAYLOR: AYE BOARD MEMBER WATERS: AYE BOARD MEMBER DILLER: AYE MOTION CARRIED. REGULAR B. M.A. Garcia Requests A Variance From The Requirements Of Sections 9-147., 9-157., 9-221., And 9-223. Of The City Code Of Ordinances To Allow A Private Roadway To Be Constructed Twelve Feet (12') Wide Without Curb, Gutter, Or Sidewalk At Tuscawilla Unit 5 And Tract "A" Of Oak Forest Unit 1. Parcel ID # 12-21-30-501-0AOO-0000 CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - OCTOBER 23,2002 (ORIGINALLY SCHEDULED FOR OCTOBER 3,2002) PAGE30F7 Mr. Baker Introduced the Agenda Item and advised the Board that the City Commission "Already looked at this issue" and "They - think that this did meet the intent of the Code" . Mr. John Sykes, Rocket & Associates, 3032 Mercy Drive, Orlando, Florida: spoke on behalf of Mr.Garcia; clarified the exact location of the roadway; stated that "Fire and Safety" requested the upsizing of the roadway to twelve feet (12') to provide for accessibility; and advised Board Members that "All of the property owners have given written permission to Mr. Garcia to do this road". Mr. Mike Reynolds, 1052 Chokecherry Drive, Winter Springs, Florida: addressed flooding issues resulting from the altering of the roadway, and stated, "I have lived at this property for going on sixteen (16) years and I have never had a flooding problem until now." Mr. Baker informed the Board, "The issue in front of us tonight is the roadway width, the curbing, and the sidewalk. The engineering issues are being handled separately. This is not a Site Plan or Subdivision Review Meeting. So - that is not an issue here tonight." Mr. Christopher Dunlap, 1054 Chokecherry Drive, Winter Springs, Florida: stated, "I share the same concerns as Mr. Reynolds." Mr. Dunlap also stated he did not receive notice of the Meeting, and questioned ifthere was an "Analysis" done. Mr. Sykes stated, "It is being reviewed by the State in terms of all those parameters that were in your notebook, for engineering. We would be happy to meet with those owners and show them exactly what we propose, meet with them on the site, go out there and show them the total program - meet with the City Engineer at the same time. I was unaware of any drainage problems. Weare not creating or mitigating any drainage situation, we are just simply utilizing it as it is. We meet all the rules in my opinion." Board Member Taylor said, "I would like to make sure that - we reiterate the flooding problem to the City. And make sure that somebody goes out and takes a look at it, talks to the two (2) homeowners that took the time to come tonight, and voice their opinion." Mr. Baker stated, "I can prepare a report in the morning to Mr. Kip Lockcuff [Public WorksfUtility Department Director] and have something to report back to you in your next Agenda Packet to let you know that indeed I have followed up on that." Board Member Taylor requested of the Office of the City Clerk to "Mention the names and addresses as they appear in the Minutes of the two (2) residents that came out." , CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - OCTOBER 23, 2002 (ORIGINALLY SCHEDULED FOR OCTOBER 3,2002) PAGE40F7 The Board discussed advertising requirements. Board Member Taylor asked, "Did we advertise it [Meeting]?" Mr. Baker stated, "Yes sir we did - the properties within one hundred-fifty feet (150'), and it was also an ad in the paper." Board Member Taylor suggested to "Put this decision off for thirty (30) days and in the meantime, somebody could address this flooding problem and come back to the homeowners with some rationale as to why, or how, or when, or what the City is planning on doing." Mr. Baker suggested to "Bring this back the first Thursday in November". Tape I/Side B Discussion. MOTION BY BOARD MEMBER TAYLOR. "I MAKE A MOTION THAT WE DELAY, UNTIL THE NEXT SCHEDULED MEETING, ANY DECISION ON THIS AGENDA ITEM TO ALLOW THE CITY TO ADJ[)RESS THE FLOODING ISSUES THAT CURRENTLY AFFECTS THE ADJACENT HOMEOWNERS." SECONDED BY BOARD MEMBER DILLER. DISCUSSION. VOTE: BOARD MEMBER HERBERT: AYE BOARD MEMBER TAYLOR: AYE BOARD MEMBER WATERS: AYE BOARD MEMBER DILLER: AYE MOTION CARRIED. Board Member Waters recessed the Meeting at 7:56p.m. The Meeting reconvened at 8:02 p.m. REGULAR C. T.A. Binford Requests A Variance From The Requirements Of Section 20-486. Of The City Code Of Ordinances To Allow An Existing Non-Conforming Sign To Remain Beyond The November 14, 2002, Amortization Deadline. Parcel ID # 34-20-30-508-0800-0020 Mr. Baker presented the Agenda Item and stated, "Staff has examined this Variance request and determines that the request does not meet any of the six (6) Variance criteria, and seven (7), a financial hardship does not constitute a hardship in terms of granting the Variance." Mr. Baker stated further, "I recommend denial unless the applicant can clearly demonstrate consistency with all six (6) of the criteria. And I would ask that you go through each and every one of those six (6) criteria in making your decision, and tell if you feel that it meets that particular criteria." CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - OCTOBER 23, 2002 (ORIGINALLY SCHEDULED FOR OCTOBER 3,2002) PAGE50F7 Mr. Tom Binford, 704 Chicopee Trail, Maitland, Florida: stated, "If I were to remove this sign, I think it would cause great inconvenience for my customers and likewise cause me undue financial hardship cause the loss of business." Mr. Binford also spoke of having to remove trees and losing parking spaces if his sign has to be removed and replaced. Mr. Binford read a letter of support from Mr. Melton 1. Smallwood for the record, and distributed a copy to the Office of the City Clerk. Mr. Binford asked, "If I have to move my sign back, I think I have to move it back three feet (3') from what I can ascertain from reading the Ordinance. Is the City going to compensate me for the taking of my property that I can not use for the sign? Is the City going to compensate me for any parking places I am going to lose? Is the City going to give me permission to delete those two (2) parking places which will make my property nonconforming to the City Code?" Mr. Binford asked further, "I have to go - through the whole application process, it is expensive. Is the City going to compensate us for this because it is an unnecessary financial hardship?" Board Member Waters stated, "That is not for this Board to decide whether or not." Board Member Taylor asked, "Were you advised of the five (5) year ammortization?" Mr. Binford stated, "I got a letter like everyone else, a certified letter." Board Member Taylor said, "So you have been advised there was a five (5) year amortization starting five (5) years ago. To be in compliance before November 14th of this year." Mr. Binford stated, "That is correct. I do not know about five (5) years ago, I got it two (2) years ago. I have got a letter to that effect." Board Member Taylor stated, "You have been apprised that the Board of Adjustment has six (6) criteria that must be met?" Mr. Binford stated, "Yes sir...." Board Member Taylor stated, ".. .Could you start with the first and see how you meet the six (6) criteria?" Mr. Binford stated, "I do not have those in front of me, I surely do not." Board Member Taylor asked, "You were advised that we have six (6) criteria that you have to meet to approve the Variance?" Mr. Binford said, "Yes sir I was advised that you take that into consideration, you vote on that accordingly." Board Member Taylor asked, "Would you care to comment on any of these that you meet?" Mr. Binford answered, "No sir." Board Member Taylor asked, "Is it fair to say that you do not meet any of them?" Mr. Binford said, "I do not know sir. I have not read them. It is not incumbent on me to read them." Board Member Taylor asked, "Were you so advised that there were six (6) criteria?" Mr. Binford stated, "I got something in the mail but I did not read it." Board Member Taylor said, "I see, so you got something in the mail but you did not read it." CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - OCTOBER 23,2002 (ORIGINALLY SCHEDULED FOR OCTOBER 3, 2002) PAGE60F7 Mr. Arthur 0. Duncan, 424 East State Road 434, Winter Springs, Florida: stated, "If I move my sign back, if you will notice the two (2) trees, I think the view would be blocked substantially of my sign unless I cut the trees down." Mr. Duncan stated further, "You can see that between the building and the sign, there is area for an automobile to go through. Our clients and customers use the two (2) so that there is no temptation or need to back out on [State Road] 434. If I move the sign, that is going to prohibit a vehicle from going through there." Dr. Charles Martin, 501 West State Road 434, Winter Springs, Florida: stated, "I think this sign Ordinance is very vague - and I think that we need to look into this thing and perhaps put off further action on this until we can straighten out a lot of the problems that people are having with their signs". Mr. Martin stated further, "I think each individual should be looked at separately and a decision made on that because I think we are going to be back before you with a Variance request as well." Discussion. Tape 2/Side A MOTION BY BOARD MEMBER TAYLOR. "I WOULD LIKE TO MAKE A MOTION THAT WE DENY THE REQUEST FOR A VARIANCE BASED ON THE INABILITY TO MEET ANY OF THE SIX (6) CRITERIA. I WOULD ALSO LIKE TO NOTE THAT THERE IS SOME CONFUSION OVER THE SIGN ORDINANCE AND I WOULD LIKE THAT TO BE LOOKED AT BY THE CITY." SECONDED. DISCUSSION. VOTE: BOARD MEMBER WATERS: AYE BOARD MEMBER HERBERT: AYE BOARD MEMBER DILLER: AYE BOARD MEMBER TAYLOR: AYE MOTION CARRIED. IV. FUTURE AGENDA ITEMS This Agenda Item was not discussed. v. REPORTS Board Member Waters asked, "What do we want to do about electing officers?" CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - OCTOBER 23, 2002 (ORIGINALLY SCHEDULED FOR OCTOBER 3, 2002) PAGE70F7 MOTION BY BOARD MEMBER TAYLOR. "I MAKE A MOTION THAT WE APPOINT MR. TOM WATERS AS OUR CHAIRMAN OF THIS COMMITTEE, THE BOARD OF ADJUSTMENT." SECONDED BY BOARD MEMBER HERBERT. DISCUSSION. WITH CONSENSUS OF THE BOARD, THE MOTION WAS APPROVED. MOTION CARRIED. MOTION BY BOARD MEMBER DILLER. "I MAKE A MOTION THAT WE APPOINT MR. JACK TAYLOR AS THE VICE CHAIRMAN." SECONDED BY BOARD MEMBER HERBERT. DISCUSSION. WITH CONSENSUS OF THE BOARD, THE MOTION WAS APPROVED. MOTION CARRIED. VI. ADJOURNMENT MOTION BY VICE CHAIRMAN TAYLOR. "I MAKE A MOTION WE ADJOURN." SECONDED. DISCUSSION. WITH CONSENSUS OF THE BOARD, THE MOTION W AS APPROVED. MOTION CARRIED. Chairman Waters adjourned the Meeting at 8:51 p.m. APPROVED: ~aJ~ THOMAS WATERS, CHAIRMAN BOARD OF ADJUSTMENT City Clerk\Boards and Committees\Board of Adjustment\a1l1\MINUTES\2002\J02302 REGULAR.doc NOTE: These Minutes were approved at the November 12,2002 Board Of Adjustment Meeting.