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HomeMy WebLinkAbout2002 12 05 Board of Adjustment Regular Minutes CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING DECEMBER 5, 2002 I. CALL TO ORDER Chairman Tom Waters called the Regular Meeting to order Thursday, December 5, 2002 at 7:05 p.m. in the East Training Room of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Chainnan Tom Waters, present Vice Chairn1an Jack Taylor, present Board Member Gary Diller, present Board Member John Herbert, absent It was agreed to address the Consent Agenda following the Regular Agenda. .:. .:. AGENDA NOTE: THE FOLLOWING AGENDA ITEMS ARE DOCUMENTED IN THE ORDER THEY WERE DISCUSSED. .:. .:. III. REGULAR AGENDA REGULAR A. Request Of The Winter Springs Food Market For A Variance From The Sign Ordinance Of The Re-Development District Along State Road 434. The Business Is Located At 147 West State Road 434 In Winter Springs. The Applicant Requests The Sign Remain In Its Present Location And Condition. Mr. John Baker, Current Planning Coordinator, Community Development Department, introduced the Agenda Item and said, "Staff does not see how this request meets the six (6) criteria but we want to give the opportunity to the applicant to demonstrate that he does." Brief discussion. Mr. Glen Whitaker, General Services Contractor, 306 North Volusia Avenue, Orange City, Florida: representing the applicant, Mr. Whitaker spoke of the three (3) considerations of signs; height, the size of the sign, and the setbacks related to the sign. Mr. Whitaker said, "The accurate description of what we would like to accomplish is to meet the requirements of the City on size of the sign, meet the square footage allowance. We would also like to meet the height allowances which in this particular instance would be a maximum height of eight feet (8') so we are looking to hopefully reduce the height of the sign from its existing fourteen feet (14') to the eight feet (8'). The other condition CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - DECEMBER 5, 2002 PAGE 2 OF 7 of the signage, which would be the setbacks, which I am hoping this evening to appeal to your logic on that." Mr. Whitaker continued to address the Board concerning difficulties with relocating the sign without losing parking spaces and causing a traffic hazard issue; and how the applicant's situation meets all six (6) of the criteria. Discussion followed regarding landscaping; the type of the materials of the new sign; and the wording of the application. Mr. Whitaker clarified that "The sign face would be removed and replaced with a new sign face"; changeable copy area restrictions; that a front, back and side setback Variance is being requested; and other possible sign placements. MOTION BY VICE CHAIRMAN TAYLOR. "I WOULD LIKE TO MAKE A MOTION TO GRANT A V ARIANCE REGARDING THE SETBACK REQUIREMENTS SUBJECT TO THE FOLLOWING STIPULATIONS, - THAT THE APPLICANT SHALL MEET THE SIZE, SQUARE FOOTAGE AND HEIGHT REQUIREMENTS AS STATED IN THE SIGN ORDINANCE AND SHALL AGREE TO MEET THE LANDSCAPING REQUIREMENTS AS STATED IN THE SIGN ORDINANCE." SECONDED BY BOARD MEMBER DILLER. DISCUSSION. Chairperson Waters said, "We do need to be able to answer the six (6) criteria - for Mr. Baker to be able to take to the Commission so they can understand where we are coming from; so I would like to discuss those and have those reflected in the Minutes" and proceeded to read the first criteria. "That special conditions or circumstances which are peculiar to the land or peculiar to the structure or building involved which are not implacable to other land, structures or buildings in the same zoning district." Board Member Gary Diller said, "In order for them [Applicant] to meet the requirement you would have to remove that building [Public Storage]. So I think - there is a justification to consider the setback Variance. The public storage is located closer and if you put - require the - new sign for the Food Market you would not be able to see it from west bound traffic. I think that wall of that building is justification for the setback. 1 think that would meet the first criteria." Discussion ensued concerning whether the Public Storage building received a Variance; the setback of the public storage building; and the lack of landscaping surrounding their sign. Chairperson Waters read the second criteria, "That the special conditions and circumstances do not result from the actions of the applicant." Vice Chairman Taylor said, "I think that is true." Chairman Waters asked, "Based on what." Board Member Diller said, "Based on the changes in the Ordinance. The sign existed before the Ordinance." CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - DECEMBER 5, 2002 PAGE 3 OF 7 The Board discussed that the sign was built prior to the Public Storage building and prior to the Ordinance and Vice Chairman Jack Taylor said, "And that is not his fault." Next Vice Chairman Taylor stated, "I think the applicant meets the intent." The third criteria was read by Chairn1an Waters, "That granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, buildings or structures in the same zoning district." Vice Chairman Taylor said, "Yes." Chairman Waters asked, "That it doesn't?" "I don't believe it does", responded Vice Chairman Taylor. Chairman Waters then reviewed the fourth criteria, "That literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this chapter and would work unnecessary hardship on the applicant." Vice Chairman Taylor said, "The only viable move would be to move that sign into the parking lot and take away one of those parking spaces which would put something unreasonable on the applicant." Board Member Diller commented that if the sign were moved into the open area of the parking lot, the applicant "Would spend a lot of money replacing parts of that sign because of being run into because that is a traffic area. You have to really totally modify that front of that area there and which will eliminate probably I would say a good portion of their parking - vehicular traffic. It is not that big of an area to start with." Next Chairman Waters read the fifth criteria, "That the variance granted is the minimum variance that will make possible reasonable use of the land, building or structure. Vice Chairman Taylor said, "I believe I covered that - in my Motion. That the sign will meet the size and the square footage and the height requirements." Tape 1/Side B Chairman Waters read the sixth criteria, "That the grant of the variance will be in harmony with the general intent and purpose of this chapter, will not be injurious to the neighborhood, or other wise detrimental to the public welfare. Vice Chairman Taylor said, "I believe my request [Motion] covers that." Chairman Waters recessed the Meeting at 7:50 p.m. The Meeting reconvened at 7:53 p.m. CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - DECEMBER 5,2002 PAGE 4 OF 7 VOTE: VICE CHAIRMAN TAYLOR: AYE CHAIRMAN WATERS: NAY BOARD MEMBER DILLER: AYE MOTION DID NOT CARRY. Brief discussion followed regarding when the Agenda Item will be presented to the City Commission; and possible repercussions from Code Enforcement. MOTION BY BOARD MEMBER DILLER. "I WILL MAKE A MOTION THAT WE RECOMMEND THAT A CODE ENFORCEMENT ACTION BE DEFERRED IN THIS SITUATION UNTIL THIS ITEM - HAS BEEN BROUGHT BEFORE THE CITY COMMISSION." SECONDED BY VICE CHAIRMAN TAYLOR. DISCUSSION. VOTE: CHAIRMAN WATERS: AYE BOARD MEMBER DILLER: AYE VICE CHAIRMAN TAYLOR: AYE MOTION CARRIED. Mr. Whitaker asked about the procedure for obtaining Minutes. Mr. Baker said to Mr. Whitaker, "If! can get your business card I will fax that to you." REGULAR B. Request Of Neil E. Staley Represented By Fred Whitson Of Florida Pool Enclosures For A Variance From The Established 20-Foot Rear Set Back Building Setback Line At Lot 142, Fox Glen At Chelsea Park, Tuscawilla Phase 2, 1547 Braewick Street, Winter Springs, Florida - A PUD (Planned Unit Development). The Agenda Item was introduced by Mr. Baker who stated, "The applicant has not shown us how he meets the six (6) criteria. Again, we certainly want to extend them the opportunity to demonstrate that they do but we have not seen how they meet those six (6) criteria." Mr. Baker reviewed the City of Winter Springs Code of Ordinances requirements pertaining to enclosures. Brief discussion. Mr. Fred Whitson, Florida Pool Enclosures, 140 East Panama Road, Winter Springs, Florida: as the representative for the applicant, he addressed the Board regarding lot and slab placement; surrounding properties; presented a letter of approval from the Architectural Control Board; and spoke of how the applicant has met each of the six (6) cri teria. CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - DECEMBER 5, 2002 PAGE50F7 Mr. Neil Staley, J 547 Braewick Street, Winter Springs, Florida: spoke of the intent of the Architectural Control Board approval; and of his neighbor's support. Discussion followed regarding the utility easement; the owner having the slab extended during original construction without the knowledge of setbacks or easements; and the ownership of surrounding land. Discussion. Vice Chairman Taylor spoke of difficulties seeing "Where you meet the six (6) requirements. If you would like to come back up again and go back over them again I would be more than happy to listen to it. Because I see several that I don't believe you meet." Additionally said by Vice Chairman Taylor was, "You stated on the first one and I understand the builder built it too close assuming that you would put a room back there with a solid roof on it. And the second one I understand - it wasn't that you did that. The builder poured the concrete. It wasn't an action from you that cause the special condition; I am having trouble with number 3., number 4." Brief discussion followed regarding the "Interpretation of number 3." Regarding number 4. Mr. Whitson said, "I in turn had a little difficulty with number 4. as far as the interpretation as far as the reasoning and there again I - apologize up front I did not come fully prepared this evening. I was not aware that I would be asked - to state this whenever I filled out the application but then again that is behind us now. Number 4. - if I could get a little help with number 4. as far as an explanation." Mr. Baker replied, "Would denying this deprive the applicant of rights commonly enjoyed by other properties within the Tuskawilla PUD [Planned Unit Development]. You could still have a porch on the back of your house - but he wants to have this size screen porch with a hard roof and he could still have a very large screened porch or he could have a smaller screened porch with a hard roof. So it really doesn't appear that there is a hardship there." Brief discussion. Tape 2/Side A Further discussion. Referring to number 3. of the criteria Board Member Diller read, "That the special condition and circumstances do not result from the actions of the applicant" and said, "Mr. Staley stood there and told us that when he purchased this home their builder had intended to put a seven and a half foot (7112') slab there and Mr. Staley asked him to make it fifteen feet (15') and paid him extra to do it. So I wonder how the situation now CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - DECEMBER 5, 2002 PAGE 6 OF 7 with the slab sticking in this particular zone is not the result of the acts of the applicant since he is the one that asked him to do it." Mr. Whitson said, "I can't comment on that sir. All I know is that the builder poured the slab. " It was suggested by Mr. Baker that the applicant go back to the Architectural Control Board "And get that point clarified" regarding their approval of the screen enclosure with the hard roof. Board Member Diller interjected. "Also for his own protection." MOTION BY VICE CHAIRMAN TAYLOR. "I MAKE A MOTION THAT WE DENY THE V ARIANCE REQUEST." SECONDED BY BOARD MEMBER DILLER. DISCUSSION. VOTE: BOARD MEMBER DILLER: AYE VICE CHAIRMAN TAYLOR: AYE CHAIRMAN WATERS: AYE MOTION CARRIED. Brief discussion ensued with Mr. Whitaker regarding Regular Agenda Item "A". .:..:. AGENDA NOTE: THE FOLLOWING AGENDA ITEMS ARE DOCUMENTED IN THE ORDER THEY WERE DISCUSSED. .:. .:. II. CONSENT AGENDA CONSENT A. Approval Of The November 12, 2002 Regunar Meeting Minutes. MOTION BY VICE CHAIRMAN TAYLOR. "I MAKE A MOTION TO APPROVE THE MINUTES AS SUBMITTED." SECONDED BY BOARD MEMBER DILLER. DISCUSSION. WITH CONSENSUS OF THE BOARD, THE MOTION WAS APPROVED. MOTION CARRIED. IV. FUTURE AGENDA ITEMS This Agenda Item was not discussed. CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - DECEMBER 5, 2002 PAGE70F7 V. REPORTS No Reports were given. VI. ADJOURNMENT MOTION BY BOARD MEMBER DILLER. "I MAKE A MOTION WE ADJOURN." SECONDED BY VICE CHAIRMAN TAYLOR. DISCUSSION. WITH CONSENSUS OF THE BOARD, THE MOTION WAS APPROVED. MOTION CARRIED. Chairman Waters adjourned the Meeting at 8:58 p.m. RESPECTFULLY SUBMITTED: ~A~ DEBBIE GILLESPIE DEPUTY CITY CLERK APPROVED: ~.d~ THOMAS WATERS, CHAIRMAN BOARD OF ADJUSTMENT S:\dept - City Clerk\Boards and Committees\Board of Adjustment\aIIl\MINUTES\120502 REGULAR.doc NOTE: TIlese Minutes were approved at the February 6, 2003 Board Of Adjustment Regular Meeting.