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HomeMy WebLinkAbout2004 11 04 Board of Adjustment Regular Minutes CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING NOVEMBER 4, 2004 I. CALL TO ORDER The Board of Adjustment Regular Meeting of Thursday, November 4, 2004 was called to order at 7:04 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). Roll Call: Chairman Thomas Waters, present Vice Chairman Jack Taylor, present Board Member Linda Collins, present Board Member Kathryn Fairchild, present Board Member Howard Casman, present Chairman Waters led the Pledge of Allegiance. With discussion on Agenda Changes, Chairman Waters said, "I understand that we have a change to the Agenda." Ms. Eloise Sahlstrom, AICP, ASLA, Senior Planner, Community Development Department stated, "Yes, I would like to request that we hear Item 'B' first. " II. CONSENT AGENDA CONSENT A. Approval Of The October 7, 2004 Regular Meeting Minutes. "I MAKE A MOTION WE ACCEPT THE MINUTES (OCTOBER 7, 2004)." MOTION BY BOARD MEMBER CAS MAN. SECONDED BY BOARD MEMBER FAIRCHILD. DISCUSSION. WITH CONSENSUS OF THE BOARD THE MOTION WAS APPROVED. MOTION CARRIED. .:..:. AGENDA NOTE: THE FOLLOWING PUBLIC HEARINGS AGENDA ITEMS WERE DISCUSSED IN THE ORDER DOCUMENTED. .:. .:. CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - NOVEMBER 4,2004 PAGE20F7 III. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS Community Development Department B. Presents To The Board Of Adjustment A Request For A Special Exception To Allo:w An Additional Telecommunications Co-Locator To Place Ground Equipment (Associated With Co-Locating Additional Antennae On An Existing Telecommunications Tower) Within A 100' X 100' Lease Site, Pursuant To Chapter 30 Of The Seminole County Code. Ms. Sahlstrom presented this Agenda Item and stated, "The Tower was constructed with an eight foot (8') tall chain link fence. The Agenda Item - incorrectly states that [it] is a six foot (6') tall fence." Ms. Sahlstrom pointed out that, "One of the drawings that's in the packet, it's actually the sheet that was prepared by our Fire Marshall [Mr. Bob Dallas], shows the Tower and it's labeled as a Microwave Tower. That's incorrect. It is not a Microwave Tower; it is a - Radio Transmission Signal for Cell Phones." With further comments on this Agenda Item, Ms. Sahlstrom added, "It is Staffs recommendation that - landscaping be required around the Tower." Ms. Sahlstrom stated, "The plans don't show any irrigation to this plant material and even though it is a native plant material, it will need to be fully irrigated at least for a full year until it can be established - we're requesting that the Applicant provide engineering tying into a system that would provide drip irrigation to this plant material so it can be sustained. " Discussion. Mr. Richard Shirah, Earth Com Services representing Spectra Site, 109 Thompson Cove, Saint Simons Island, Georgia: stated: "One of the things that we always like to emphasize is that we try to co-locate whenever possible. Because, just like you folks - we prefer not to build the Towers unless they're really needed." Mr. Shirah further stated, "As Eloise [Sahlstrom] told me, Barrington Estates has come in after the fact, changed the situation out there and we recognize that; and Spectra Site recognizes that; and the qualifications that she has given us are things that we are agreeable to. The watering system - if we have to, we'll put a well in. Ifit is a saline problem with the water - we'll just do some homework and try to research that and deal with it so that we can guarantee that - the plantings will be - get through the first year, and be there permanently. And we're open to doing what we need to do to protect that subdivision." CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - NOVEMBER 4.2004 PAGE30F7 Vice Chairman Jack Taylor said, "It is my understanding that you agree basically to these seven (7) things that you just received tonight - from the Arborist [Mr. Michael Mingea, Community Development Department]?" Mr. Shirah stated, "Yes sir. I just had one reading of these - we can sign and seal it; the irrigation system if we could just have - you folks work with us on that, we'll come up with a system; and, obviously we want to do it as cheaply as we can, but do it adequately. Bring the trees closer together, no problem. The 'Lodge' poles - doesn't sound like it's anything major, we'll do that, because we want to make sure the plants are properly taken care of - we don't have any problems with any of that." Board Member Kathryn Fairchild asked, "Would it be impossible - to bring in a Florida landscaper as a Consultant?" Mr. Shirah said, "We will revise our drawings and put that in there and we'll come in signed and sealed and everything just right, so that you are happy with it, because this won't be a big deal for us." Board Member Fairchild said, "Okay." Chairman Waters opened the "Public Input" portion of the Agenda Item. Mr. Robert Crosby, 1562 Wescott Loop, Winter Springs, Florida: spoke about a 'Notice' received from the City of Winter Springs regarding the Tower and his concerns with noise, lights, additional structures, landscaping, the height of the Tower, and drainage. Discussion. Mr. Shirah spoke, "I appreciate his concerns. The extent of what we'll be putting there as far as the ground equipment; we will put in - probably an - eight by ten (8 x 10) - concrete slab simply to set the equipment on." Mr. Shirah stated, "You are asking for the watering of the plants and we want to do that; and I think we can do simply watering the plants so it doesn't increase the problem they have over there. As far as the noise is concerned, some companies do put in permanent generators. Sprint does not. They do not intend to put a permanent generator in here." Board Member Howard Casman inquired, "So the equipment that is going to go in there is as quiet as the equipment that is there now." Mr. Shirah added, "That's correct; it's going to be similar equipment. It is a comparable user for this Tower. And again, they're metal cabinets - that will be below the line of the top of the fence, and our landscaping should deal with that so that it becomes really a better situation out there." Discussion. Ms. Robin Gremillion, 1570 Wescott Loop, Winter Springs, Florida: spoke of the proposal to put the equipment next to Barrington Estates, and wondered if the equipment could be moved. CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - NOVEMBER 4,2004 PAGE40F7 Discussion. Mr. Shirah stated, "I don't know the size of - inside the fence. I mean, I can't imagine how this is going to affect them anyway as far as drainage or anything like that. If that's a big issue, I mean - we don't particularly want to redo the drawings." Mr. Shirah said, "I can't imagine it where it's located inside this fence will have any impact on them in any way with an eight by ten (8 x 10) or and I can't remember exactly the dimensions, but Sprint's leased area is sixteen by twenty (16 x 20). It doesn't mean they are going to put a slab down that big." Furthermore, Mr. Shirah added, "We will cooperate and do anything but we are inside the fence; and we don't want to be hard to get along with. I think this will be a minimal change and an improvement for the neighborhood because the landscaping is going in." There was no other "Public Input ". "I MAKE A MOTION THAT WE RECOMMEND THE APPROVAL OF THE SPECIAL EXEMPTION FOR THE ANCILLARY FACILITIES FOLLOWING THE APPRO V AL OF THE APPLICANT'S LANDSCAPING PLAN BY THE APPROPRIATE AUTHORITY." MOTION BY VICE CHAIRMAN TAYLOR. BOARD MEMBER FAIRCHILD SAID TO VliCE CHAIRMAN TAYLOR, "CAN WE EXTEND THAT MOTION TO INCLUDE 'ALSO SUBJECT TO LANDSCAPING/IRRIGATION PLAN'?" VICE CHAIRMAN TAYLOR SAID, "OKAY, LET'S JUST ADD THE WORDS - I WILL READ IT AGAIN. I MAKE A MOTION WE RECOMMEND THE APPROVAL OF THE SPECIAL EXEMPTION FOR THE ANCILLARY FACILITIES FOLLOWING THE APPROVAL OF THE APPLICANT'S LANDSCAPING AND IRRIGATION PLAN BY THE APPROPRIATE AUTHORITY." MR. CROSBY ASKED, "CAN THAT BOX - BE MOVED TO THE OPPOSITE SIDE BECAUSE TREES HAVE GOT TO TAKE TIME TO GROW AND FILL IN, AND IT IS AN EYESORE FOR US TO LOOK AT UNTIL THEN; BUT MORE THAN THAT, IF THE POWER OR A HURRICANE COMES THROUGH AGAIN, THAT GENERATORS GOING TO BE PUT CLOSER TO OUR HOUSE TO RUN THAT BOX. SO, IF IT WAS LOCATED ON THE OPPOSITE SIDE, AT LEAST THE GENERATORS WOULD BE TO THE OPPOSITE SIDE WHERE IT WOULD BE LESS NOISE INTRUSIVE." DISCUSSION. CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - NOVEMBER 4, 2004 PAGE50F7 MR. SHIRAH SAID, "WE ARE TALKING ABOUT TWENTY (20) OR THIRTY (30) FEET OF WHERE THE GENERATOR IS LOCATED. I WILL CHANGE THE PLANS." ADDITIONALLY, MR. SHIRAH SAID, "WE WANT TO WORK WITH THE NEIGHBORS BECAUSE SPRINT WANTS TO. THEY ARE GOING TO BE THE CUSTOMERS THERE. SO WE WANT TO BE VERY FLEXIBLE AND DO WHAT WE NEED TO DO." FURTHER DISCUSSION. VICE CHAIRMAN TAYLOR RE-STATED HIS MOTION AS "I MAKE A MOTION WE RECOMMEND THE APPROV AlL OF THE SPECIAL EXEMPTION FOR THE ANCILLARY FACILITIES FOLLOWING THE APPROVAL OF THE APPLICANT'S LANDSCAPING AND IRRIGATION PLAN BY THE APPROPRIATE AUTHORITIES." MOTION BY VICE CHAIRMAN TAYLOR. SECONDED BY BOARD MEMBER CASMAN. DISCUSSION. VOTE: BOARD MEMBER CASMAN: AYE CHAIRMANWATERS: AYE BOARD MEMBER FAIRCHILD: AYE BOARD MEMBER COLLINS: AYE VICE CHAIRMAN T AYLOR: AYE MOTION CARRIED PUBLIC HEARINGS Community Development Department - Planning Divisiolll A. Requests That The Board Of Adjustment Hold A Public Hearing To Consider The Applicant's Request For A General Permit For Eagle Bay Wood Products (A Light Industrial Use) Under The Property's Current "A-3" Zoning. Ms. Sahlstrom presented this Agenda Item. Tape 1/Side B Continuing, Ms. Sahlstrom stated, "Under the Code of Section 30.112. the eight (8) [Variance] Criteria that need to be considered." Ms. Sahlstrom said, "In final summary, the Staff does recommend approval of this to you." Discussion. CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - NOVEMBER 4, 2004 PAGE 6 OF 7 Chairman Waters opened the "Public Input" portion of the Agenda Item. Mr. Tim Montgomery, 4190 Aldergate Place, Winter Springs, Florida: noted that "I am the owner of the property in question and we are seeking the General Permit based on the recommendation of City Staff as indicated." Mr. Montgomery further addressed the Board regarding this Agenda Item. Discussion. Mr. Matthew West, Planning Manager, Seminole County, 1101 East First Street, Sanford, Florida: said, "A couple of things that I wanted to talk about in particular, is my understanding with Staff, and it's even been kind of reiterated tonight, is that - some of the things in the 'Staff Report' that I think may be misleading because when people say the County, that is a very broad statement." Mr. West added, "The County Tax Collector did issue an Occupational License, obviously the - County Staff was not involved in that decision and on the Application itself is that disclaimer by the County Tax Collector." Mr. West further commented on this Agenda Item. Discussion. There was no other "Public Input ". Tape 2/Side A Further discussion ensued. "I MAKE A MOTION WE APPROVE THE APPLICANT'S REQUEST FOR A GENERAL PERMIT FOR THE PRIMARY USE AND DENY APPROVAL FOR THE SECONDARY USE." MOTION BY BOARD MEMBER CASMAN. SECONDED BY BOARD MEMBER FAIRCHILD. DISCUSSION. VOTE: VICE CHAIRMAN TAYLOR: AYE CHAIRMAN WATERS: NAY BOARD MEMBER FAIRCHILD: AYE BOARD MEMBER CASMAN: AYE BOARD MEMBER COLLINS: AYE MOTION CARRIED. IV. FUTURE AGENDA ITEMS No discussion. CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - NOVEMBER 4, 2004 PAGE 7 OF 7 V. REPORTS No Reports were given. VI. ADJOURNMENT "I MAKE A MOTION WE ADJOURN." MOTION BY BOARD MEMBER CASMAN. SECONDED. DISCUSSION. WITH CONSENSUS OF THE BOARD THE MOTION WAS APPROVED. MOTION CARRIED. Chairman Waters adjourned the Meeting at approximately 8:50 p.m. RESPECTFULLY SUBMITTED BY: CAROL LALLA THIN, ASSISTANT TO THE CITY CLERK AN L. BROWN EPUTY CITY CLERK. APPROVED: ~~~ THOMAS WATERS, CHAIRMAN BOARD OF ADJUSTMENT NOTE, 1>~, M;'''''' w= .ppm".. " <he h G . 2005 Boo'" Of Adj",=" Reg']" Mco""g.