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HomeMy WebLinkAbout2005 05 16 Board of Adjustment Special Minutes CITY OF WINTER SPRINGS, FLORIDA MINUTES BOARD OF ADJUSTMENT SPECIAL MEETING MAY 16,2005 CALL TO ORDER The Board of Adjustment Special Meeting of Thursday, May 16, 2005 was called to order at 7:02 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, present Board Member Linda Collins, present Board Member Kathryn Fairchild, present Board Member Howard Casman, present PUBLIC INPUT None. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 400. Community Development Department Requests The Board Of Adjustment To Hear A Continuance To Consider A Waiver Request By J. K. Parmar From Section 20-486. (1) (b) To The Ground Mounted Multi-Tenant Or Project Identification Sign For The Starbright Cleaners, At 1301 West SR (State Road) 434, In The SR (State Road) 434 Redevelopment Overlay Zoning District. Mr. John Baker, AICP, Senior Planner, Community Development Department presented this Agenda Item. A slide show presentation of photographs was presented. Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES BOARD OF ADJUSTMENT SPECIAL MEETING - MAY 16, 2005 PAGE20F4 Mr. Dan Daly, 1732 Sparkling Water Circle, Ocoee, Florida: representing Dynamics Aspects Sign Company on behalf of the Applicant Mr. Daly distributed information on placement of signs to each of the Board Members and photographs were presented. Discussion. Captain Glenn Tolleson, Police Department spoke regarding safety issues and signage. Discussion ensued. Mr. Daly said, "As far as us hitting any kind of lines I would say that would be pretty much next to impossible because this is what we do for a living. I do not see that as a safety concern." Mr. Daly added, "Was there any other concern that the Officer brought up that I can answer because the two (2) points that he made there, I do not believe - I would not agree with at all." Further discussion ensued. Mr. Daly said, "The planter would not exceed past the four foot (4') - and it would still be meeting Code of Winter Springs." With discussion on the proprietors of the adjacent business, Mr. Daly stated, "If he wants to put a sign in later on, it is a matter of taking out one (1) face and putting - two (2) faces in." Chairman Waters said, "Okay." Board Member Kathryn Fairchild asked, "So, you feel there is no way in this grassy area at all with the proposed location by the Applicant, there's no way that any of that portion would be safe without going into that parking space, even if they were willing to reduce the height?" Captain Tolleson stated, "If they reduce the height - where it says four feet (4') back, they would probably be alright. But, nothing forward there." Board Member Howard Casman said, "He was agreeable in moving it back four feet (4'). That is what he said. Correct?" Mr. Daly said, "Yes, Sir." Tape 1/Side B Discussion ensued regarding the setbacks. Vice Chairman Jack Taylor said, "Would you agree in taking two foot (2') off the top of the sign?" Mr. Daly said, "Yes, we would agree to that." Discussing the location of the sign, Board Member Casman asked, "Approximately five foot (5') back?" Mr. Daly said, "Yes, Sir." Board Member Casman said, "If that were the case, would you be 'Okay' with that to start the sign." Mr. Daly said, "Yes, Sir." Board Member Casman added, "And if I understood - Captain Tolleson correctly, he would be 'Okay' if we started at that where it says four feet (4') there." CITY OF WINTER SPRINGS, FLORIDA MINUTES BOARD OF ADJUSTMENT SPECIAL MEETING - MAY 16, 2005 PAGE30F4 Captain Tolleson said, "That is correct if they were awarded that Variance." Board Member Casman said, "If you are saying essentially that approximately five feet (5') back where that four foot (4') line is would meet your concerns about safety, then I am 'Okay' with that." Discussion on the height issue ensued. Board Member Casman reiterated, "You are in agreement with a five foot (5') setback and infringement a little bit of a planter, seven and a half foot (7W) height. No one has a problem with that from a safety issue." Chairman Waters said, "So, Staffs recommendation remains to put it at the west side with a ten foot (10') Easement on both sides?" Mr. Baker said, "Either the west or the east as long as it meets the ten foot (10') from the front and side property lines would meet Code." Discussion. Captain Tolleson said, "I do not support it - I support what the Code says." Captain Tolleson said, "As Mr. Baker pointed out, when the City Attorney set forth that Criteria, that Criteria alone must be met before you even get to the other six (6) issues and I think that the Board needs to keep that in mind." Captain Tolleson said, "He still has to meet that Criteria. We are not going to authorize any of that until that happens." Captain Tolleson stated, "The question asked of me, 'Is that Okay?' . Well, yes that would if it was approved. And I want to be on the 'Record' saying that I do support the Code." Discussion. With discussion on shrubbery obstructing the view of the sign from the road, Captain Tolleson said, "I can get this taken care of." "I MAKE A MOTION WE RECOMMEND DENIAL OF THE REQUESTED WAIVER BASED ON THE STAFF RECOMMENDATION, POSSIBLE SAFETY ISSUES AND NOT MEETING THE SIX (6) CRITERIA." MOTION BY VICE CHAIRMAN TAYLOR. SECONDED BY CHAIRMAN WATERS. DISCUSSION. VOTE: BOARDMEMBERCASMAN: AYE CHAIRMAN WATERS: AYE BOARD MEMBER FAIRCHILD: NAY BOARD MEMBER COLLINS: NAY VICE CHAIRMAN TAYLOR: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES BOARD OF ADJUSTMENT SPECIAL MEETING - MAY 16, 2005 PAGE40F4 Chairman Waters said, "We had a Motion, we Voted on it and passed the Motion to deny the Waiver as requested. Is that correct?" Captain Tolleson said, "The Board can't give that Waiver from the Code as - five feet (5') and - the Board can't do that, only the [City] Commission. You have to Vote on the Motion as presented and you Voted to deny it. The Applicant, however, goes to Commission and can present the very same testimony that he has, and if at that point if the Commission wants to go with the five feet (5') - shown, that would be fine and that is their decision. This Board has done a fabulous job and done what they were required to do." Discussion. ADJOURNMENT Tape 2/Side A "I MAKE A MOTION WE ADJOURN." MOTION BY VICE CHAIRMAN TAYLOR. SECONDED. DISCUSSION. WITH CONSENSUS OF THE BOARD THE MOTION WAS APPROVED. MOTION CARRIED. Chairman Waters adjourned the Meeting at approximately 8:35 p.m. RESPECTFULLY SUBMITTED: APPROVED: ~d~ THOMAS WATERS CHAIRMAN, BOARD OF ADJUSTMENT NOTE: These Minutes were approved at the June 2, 2005 Regular Board Of Adjustment Meeting.