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HomeMy WebLinkAbout2009 01 15 Board Of Adjustment Special MinutesCITY OF WINTER SPRINGS, FLORIDA MINUTES BOARD OF ADJUSTMENT SPECIAL MEETING JANUARY 15, 2009 CALL TO ORDER The Board of Adjustment Special Meeting of Thursday, January 15, 2009 was called to Order at 7:00 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 Howard Casman, present Board Member Linda Collins, present Board Member Karen Paine-Malcolm, present A moment of silence preceded the Pledge of Allegiance. PUBLIC INPUT No one spoke. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Community Development Department Presents To The Board Of Adjustment (BOA) A Request For A Conditional Use To Allow A 24-Hour Convenience Store Without Gas Pumps Or Other Fueling Stations At The Hayes Road Plaza (Located At The SW [Southwest] Corner Of SR [State Road] 434 And Hayes Road). Mr. John Baker, AICP, Senior Planner, Community Development Department presented this Agenda Item and stated, "We do recommend Approval, subject to fulfilling the City Engineer's memo (dated January 14, 2009). An "Engineering Review Comments" sheet dated January 14, 2009 was distributed to the Board Members by Mr. Baker. Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES BOARD OF ADJUSTMENT SPECIAL MEETING -JANUARY 15, 2009 PAGE 2 OF 4 Board Member Howard Casman asked, "Are the owners of Cumberland Farms here?" Mr. Baker responded, "They were notified. Letters went out to all the abutters." Mr. Bruce Myrick, 3241 Old Winter Garden Road, Orlando, Florida: spoke to the Board Members as the Applicant of this Request and stated, "We are actually enhancing the traffic flow of the area, but main thing -what we are trying to do is to put a high quality center, which would bring employment, which would bring a higher tax base, which would bring an aesthetically pleasing center to the area." Discussion. Mr. Kamil Gowni, 1348 Valley Pine Circle, Apopka, Florida: as the property owner for this site, Mr. Gowni addressed the Board Members on this Request. Chairman Waters asked, "Are the tanks still in the ground there?" Mr. Gowni stated, "I am going to take them out." Chairman Waters reiterated, "You are going to pull them?" Mr. Gowni answered, "Yes." Discussion ensued on the medians. Next, a letter dated January 14, 2009 was distributed to the Board Members regarding a Franchise Agreement with 7-Eleven, Inc. Chairman Waters opened the "Public Input "portion on this Agenda Item. Ms. Carol Ziebarth, 400 La Vista Drive, Winter Springs, Florida: noted she was concerned about the traffic, congestion and was opposed to this Request. Discussion. Ms. Antoinette Jardin, 1 S LaVista Circle, Winter Springs, Florida: spoke to the Board Members about a wall to buffer the noise. Ms. Jardin asked, "When will this go to the City Commission?" Mr. Baker stated, "We have it scheduled for the 26th of this month." Chairman Waters closed the "Public Input" portion on this Agenda Item. Discussion ensued on the Masonry Wall. Vice Chairman Jack Taylor suggested that the Drawings be larger. Mr. Baker responded, "Oka " Y• Mr. Gowni further addressed the Board Members regarding this Request. CITY OF WINTER SPRINGS, FLORIDA MINUTES BOARD OF ADJUSTMENT SPECIAL MEETING -JANUARY I5, 2009 PAGE 3 OF 4 With discussion on the Wall, Mr. Myrick then stated, "It is a concrete -block wall, stucco on both sides and painted on both sides. It will run the entire length of Hacienda Village where this development abuts Hacienda Village." Mr. Myrick mentioned that, "As Mr. Gowni said, he is the owner of the property - he will also be the owner and the operator of the 7-11, so it is not just a franchise or he is not just leasing it out to somebody. He will be there on a day by day basis to make sure it is properly operated." Chairman Waters called a Recess at 7.•43 p. m. The Special Meeting reconvened at 7:48 p. m. Discussion. Tape 1/Side B "I MAKE A MOTION TO APPROVE THE CONDITIONAL USE REQUEST BY MR. MYRICK TO ALLOW ATWENTY-FOUR (24) HOUR CONVENIENCE STORE AT THE CORNER OF HAYES ROAD AND [STATE ROAD] 434 SUBJECT TO THE CITY ENGINEER'S REVIEW OF THE TRAFFIC ANALYSIS AND THE ASSOCIATED RECOMMENDATIONS." CHAIRMAN WATERS ASKED, "YOU DID STATE IN THERE THAT YOU ARE BASING IT ON STAFF'S CRITERIA?" VICE CHAIRMAN TAYLOR REMARKED, "YOU CAN ADD THAT BUT IT IS A GIVEN." MOTION BY VICE CHAIRMAN TAYLOR SECONDED BY BOARD MEMBER PAINE-MALCOLM. DISCUSSION. VOTE: BOARD MEMBER GASMAN: NAY CHAIRMAN WATERS: AYE BOARD MEMBER PAINE-MALCOLM: AYE BOARD MEMBER COLLINS: NAY VICE CHAIRMAN TAYLOR: AYE MOTION CARRIED. REGULAR AGENDA REGULAR 600. Office Of The City Clerk Election Of Officers. "I MAKE A MOTION WE KEEP THE OFFICERS AS THEY HAVE BEEN." MOTION BY BOARD MEMBER GASMAN. SECONDED BY BOARD MEMBER COLLINS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES BOARD OF ADJUSTMENT SPECIAL MEETING -JANUARY 15, 2009 PAGE 4 OF 4 CHAIRMAN WATERS ASKED FOR CLARIFICATION ON THE OFFICERS AND BOARD MEMBER COLLINS STATED, "CHAIRMAN -TOM WATERS AND VICE CHAIRMAN JACK TAYLOR." VOTE: BOARD MEMBER COLLINS: AYE VICE CHAIRMAN TAYLOR: AYE CHAIRMAN WATERS: AYE BOARD MEMBER PAINE-MALCOLM: AYE BOARD MEMBER GASMAN: AYE MOTION CARRIED. ADJOURNMENT Chairman Waters adjourned the Meeting at 7:58 p.m. RESPECTFULLY SUBMITTED: ~ ~. J AN L. BROWN PUTY CITY CLERK APPROVED: THOMAS WATERS CHAIRMAN, BOARD OF ADJUSTMENT NOTE: These Minutes were approved at the May 21, 2009 Regular Board of Adjustment Meeting.