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HomeMy WebLinkAbout2003 11 06 Board of Adjustment Regular Minutes CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING THURSDAY, NOVEMBER 6, 2003 I. CALL TO ORDER The Board of Adjustment Regular Meeting of Thursday, November 6,2003 was called to order at 7:01 p.m. by Chairman Thomas Waters in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Chairman Waters led the Pledge of Allegiance. Roll Call: Chairman Thomas Waters, present Vice Chairman Jack Taylor, absent Board Member Gary Diller, present Board Member John Herbert, present Board Member Sharon Tackaberry, present II. CONSENT AGENDA Consent Agenda A. Approval Of The August 7, 2003 Regular Meeting Minutes. Chairman Waters asked the Members of the Board if there were any corrections to the Minutes. "I MOVE THAT WE ACCEPT - AS -." MOTION BY CHAIRMAN WATERS. SECONDED BY BOARD MEMBER T ACKABERRY. DISCUSSION. WITH THE CONSENSUS OF THE BOARD. MOTION CARRIED. III. PUBLIC HEARINGS Public Hearings A. Clifton Glorenflo Requests A Conditional Use To Construct An Accessory Structure Larger Than 240 Square Feet (A Three (3) Car Garage) On Property With A Residential Rural Future Land Use Designation, Located At 230 Arnold Lane. CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - NOVEMBER 6, 2003 PAGE 2 of9 Mr. John Baker, AICP, Senior Planner, Community Development Department, introduced the Agenda Item. Mr. Baker indicated that the staff recommends approval providing Mr. Gorenflo can show the new structure can meet the requirements of the applicable zoning district including setbacks and maximum lot coverage. (Show that the structure is compatible with the principle existing structure; and that it does not exceed the height of the principal structure.) Chairman Waters briefly explained the procedures for handling requests for variances. Discussion. Clifton Gorenflo, 230 Arnold Lane, Winter Springs, Florida 32708: Applicant, Clifton Gorenflo stated earlier that his name is spelled incorrectly on the agenda, correct spelling is Gorenflo. Mr. Gorenflo presented the Board with pictures and the proposed building plans of his residence. Discussion. "I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE MR. GORENFLO'S CONDITIONAL USE TO CONSTRUCT A 2,127.5 TOTAL SQUARE FOOT DETACHED ACCESSORY STRUCTURE BESIDE HIS HOUSE AT 2030 ARNOLD LANE." MOTION BY BOARD MEMBER DILLER. SECONDED BY BOARD MEMBER HERBERT. DISCUSSION. VOTE: BOARD MEMBER DILLER: AYE CHAIRMAN WATERS: AYE BOARD MEMBER TACKABERRY: AYE BOARD MEMBER HERBERT: AYE MOTION CARRIED. Public Hearings B. Barclay Woods LLC Requests A Conditional Use To Construct Eighty-Eight (88) Town-Homes On 7.56 Acres, Within The C-l Zoning District, Located On The North Side Of State Road 434, At 500 West State Road 434, Just West Of The Entrance To Barrington Estates And The Don King Concrete Office. Mr. John Baker, AICP, Senior Planner, Community Development Department, introduced the Agenda Item. CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - NOVEMBER 6, 2003 PAGE 3 of9 Mr. Baker indicated that staff has looked at this request and recommends approval. Thomas Corkery, 759 Bear Creek Circle, Winter Springs, Florida 32708, presented the project to the Board. The project will include an entrance with a fountain, beautiful landscaping, and eighty-eight (88) two-story townhouses - w/garages. Discussion. "I WOULD LIKE TO MAKE A MOTION THA T WE APPROVE THE CONDITIONAL USE TO ALLOW MULTI-FAMILY DEVELOPMENT IN THE C-l NEIGHBORHOOD COMMERCIAL ZONING DISTRICT FOR THIS APPROXIMATELY 7.5 ACRE SITE REFERRED TO AS BARCLAY WOODS." MOTION BY BOARD MEMBER DILLER. SECONDED BY BOARD MEMBER T ACKABERRY. DISCUSSION. VOTE: BOARD MEMBER DILLER: AYE CHAIRMAN WATERS: AYE BOARD MEMBER T ACKABERRY: AYE BOARD MEMBER HERBERT: AYE MOTION CARRIED. IV. REGULAR Regular A. Kinder Kampus, Inc., Located At 640 East State Road 434, Requests A Variance To Allow A Monument Sign Within The 10' Sign Setback Set Forth In Section 20- 486. Mr. John Baker, AICP, Senior Planner, Community Development Department, read the request for a variance sign setback. Mr. Baker stated, "The Staff does feel the special conditions are not the result of the actions of the applicant. We do not see that they meet the six (6) criteria. Staff can not recommend granting a variance request if it does not meet all six (6) variance criteria. The Development Review Committee did look at this and felt it was a unique situation. Because of those features that the applicant has noted, we agree, and feel that putting the sign somewhere else in the yard could have a bad impact on the public safety or on the tree. " Discussion. CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - NOVEMBER 6, 2003 PAGE 4 of9 Keith & Judy Stokes at 640 State Road 434, Winter Springs, Florida 32708: Owners of Kinder Kampus, Inc. since 1987, presented pictures of property and the importance of his business having a sign. Mr. Stokes stated, "We are here because of the sign ordinance being changed." Discussion. Tape l/Side B Chairman Waters stated, "I feel like the Commission spent a long time looking at this Ordinance, they looked at it several times. I think one of two things is going to have to happen: the Commission will have to end up giving everyone a variance; or, change the ordinance eventually. Because there are several businesses that can not meet the 10 feet setback and have it work. We are going to hear a lot more of these." "I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE THE NEW SIGN BEING IN THE SAME LOCATION OF THE OLD ONE AND AGAIN IT IS BECAUSE OF THE CIRCUMSTANCES THAT WE HAVE HEARD." MOTION BY BOARD MEMBER HERBERT. SECONDED BY BOARD MEMBER T ACKABERRY. DISCUSSION. VOTE: CHAIRMAN WATERS: NAY BOARD MEMBER T ACKABERRY : AYE BOARD MEMBER HERBERT: AYE BOARD MEMBER DILLER: AYE MOTION CARRIED. Discussion. "I WOULD LIKE TO MAKE A FRIENDLY AMENDMENT TO THE MOTION AND CORRECT ME IF I AM WRONG, BUT I THINK OUR POSITION IS TO RECOMMEND TO THE CITY COMMISSION THA T THEY GRANT A VARIANCE OR THAT THEY DO NOT GRANT A VARIANCE - THAT WE DO NOT APPROVE IT. I WOULD ASK THAT YOU WOULD CONSIDER AMENDING THE MOTION THAT WE WOULD RECOMMEND TO THE CITY COMMISSION THAT THEY GRANT THE VARIANCE." MOTION BY BOARD MEMBER DILLER. SECONDED BY BOARD MEMBER T ACKABERRY. DISCUSSION. CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - NOVEMBER 6, 2003 PAGE 50f9 VOTE: CHAIRMANWATERS: NAY BOARD MEMBER T ACKABERRY: AYE BOARD MEMBER HERBERT: AYE BOARD MEMBER DILLER: AYE MOTION CARRIED. Regular B. Dr. Pete Corum Requests A Variance To Allow A Monument Sign Within The 10' Sign Setback Set Forth In Section 20-486., For His Office At 620 West State Road 434. Mr. John Baker, AICP, Senior Planner, Community Development Department, read the request for a variance sign setback stating, "Staff has looked at this and do not see any way that we can recommend approval. Also, the staff does not see that they meet the six (6) criteria for the variance. Therefore, the staff has to recommend denial." Dr. Pete Corum, 620 West State Road 434, Winter Springs, Florida 32708, represented by Kenneth Soday, US Identity Group: Presented pictures of the new sign which is permitted, just does not meet the setback. It fits the criteria other than the 10 foot setback. The building is only 16 feet back from the edge of the right-a-way; from the sidewalk itself. Dr. Corum has owned and operated his business from this same location for twenty (20) years. The new sign ordinance has put a hardship on him to replace the existing sign. Discussion. Board Member Tackaberry stated, "I personally feel we should convey to the City Commissioners that this is one of several, and maybe they should reconsider so that other people do not have to go through all of this. Maybe change the footage with the existing buildings. " "I WOULD MOVE - THAT WE - RECOMMEND THAT THEY GRANT - DR. CORUM - A VARIANCE - TO AUTHORIZE THE NEW MONUMENT SIGN TO BE CONSTRUCTED CLOSER THAN 10 (TEN) FEET FROM STATE ROAD 434 RIGHT-OF-WAY WITHIN THE STATE ROAD 434 REDEVELOPMENT OVERLAY ZONING DISTRICT." MOTION BY BOARD MEMBER TACKABERRY. SECONDED BY BOARD MEMBER DILLER. DISCUSSION. Board Member Diller recommended an amendment to state - 7 feet from the base. "I WOULD LIKE TO AMEND THAT TO READ THAT IT WOULD BE 7 FEET FROM THE BASE, FROM THE RIGHT-A-WAY." MOTION BY BOARD CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - NOVEMBER 6, 2003 PAGE 6 of9 MEMBER TACKABERRY. SECONDED BY BOARD MEMBER DILLER. DISCUSSION. VOTE: BOARD MEMBER T ACKABERRY : AYE CHAIRMANWATERS: NAY BOARD MEMBER DILLER: AYE BOARD MEMBER HERBERT: AYE MOTION CARRIED. Regular C. Thomas Sign And Awning Requests A Variance On Behalf Of Advance Discount Auto Parts For A Variance From The Sign Requirements Of Section 20-486. For The Retail Facility At 380 East State Road 434. Mr. John Baker, AICP, Senior Planner, Community Development Department, read the request for a variance to replace the existing 16 square feet wall sign to approximately 61 square feet of wall sign to accommodate the new name "Advanced Discount Auto Parts", The staff does not believe they meet all six (6) criteria, and can not recommend approval of this variance request. Discussion. Gregory Davis, 4590 - 118 Avenue North, Clearwater, Florida, from Thomas Sign and Awning Company representing owners of Advanced Discount Auto Parts, in their request to change the existing sign on their building because of a name change. Gregory Davis presented pictures of the building and what the new sign would look like and passed a color sample to the Board of Adjustment. Mr. Davis informed the Board that the owners of the property are willing to decrease our request from the existing signage request to 44.81 square feet. Discussion. Tape 2/Side A Discussion. CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - NOVEMBER 6, 2003 PAGE 70f9 Chairman Waters, "I would like to entertain a motion." "FOR THE PURPOSE OF OPENING IT UP TO THE BOARD FOR DISCUSSION, I MAKE THE MOTION THAT WE RECOMMEND DISAPPROV AL OF THIS VARIANCE." MOTION BY CHAIRMAN DILLER. SECONDED BY BOARJI> MEMBER HERBERT. DISCUSSION. VOTE: BOARD MEMBER HERBERT: AYE BOARD MEMBER DILLER: AYE CHAIRMANWATERS: AYE BOARD MEMBER TACKABERRY: AYE MOTION CARRIED. Discussion. V. FUTURE AGENDA ITEMS None. Discussion VI. REPORTS Chairman Waters - Suggested to the Board of Adjustment members to try and attend the City Commission meetings that will be hearing the individual variances we recommended approval for. Discussion. Chairman Waters, "I would suggest that everyone try to attend the December 8th hearing to hear the variances that we are sending before them." Discussion. Chairman Waters, "Are we all in agreement to attend the City Commission Meeting to see what they decide on our eases?" Discussion. CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - NOVEMBER 6, 2003 PAGE 8 of9 Board Member Tackaberry asked Mr. Baker if Commission has approved variances that- approved. Mr. Baker replied, "Council denied Mr. Benford's variance. He sued the City and lost. Mr. Goodencount, the gentleman with the existing sign just west of the food market, had his location variance approved, but they told him he had to make the - area conform with the code and to date he has not done that. If he allows six months to lapse, I believe we have the right to go after him from a new - because the variance without acting on it would have expired." Discussion. Chairman Waters, "We do not know if we are going to have a meeting next month or not. What if we go ahead and meet and if we do not have any items to hear, we could discuss recommendations for the City Commission. We would meet the 4th. Can meet if even there is not an agenda item?" John Baker stated, "You may want to discuss the variance criteria." VII. ADJOURNMENT "I WOULD LIKE TO MAKE A MOTION THAT WE ADJOURN." MOTION BY BOARD MEMBER DILLER. SECONDED BY BOARD MEMBER HERBERT. DISCUSSION. WITH THE CONSENSUS OF THE BOARD. MOTION CARRIED. With consensus of the Board, Chairman Waters adjourned the Meeting at 9:05 p.m. RESPECTFULLY SUBMITTED BY. HOLL Y N. PIERSTORFF, ASSISTANT TO THE CITY CLERK; AND ~ PATRICIA SCHRAFF ASSISTANT TO THE C TY CLERK APPROVED: ~tV~ THOMAS WATERS, CHAIRMAN BOARD OF ADJUSTMENT NOTE: These Minutes were approved at the 0 I/O?&- /6tf f CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - NOVEMBER 6, 2003 PAGE 9 of9 Board of Adjustment Regular Meeting.