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HomeMy WebLinkAbout2002 12 05 Regular Item A ''1' .. "\. " BOARD OF ADJUSTMENT AGENDA ITEM A December 5.2002 Meeting REQUEST: Community Development Department presents to the City Commission the request of the Winter Springs Food Market for a variance from the sign ordinance " of the re-development district along S R 434. The business is located at 147 W S R 434, in Winter Springs. The applicant request the sign remain in its present location and condition. PURPOSE: The purpose of this agenda item is to consider a request by the Winter Springs Food Market for a variance to allow the current sign to remain in violation of sec. 20-486 of the city ordinance.. " APPLICABLE CODE: Sec. 20-82. Duties and powers, general. The Board of Adjustment shall make recommendations to the city commission to grant any variance or special exception as delineated in this chapter. (1) The board of adjustment shall have the additional following specific powers and duties: a. b. c. To recommend upon appeal such variance from the terms of this chapter as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this chapter will result in unnecessary and undue hardship. In order to recommend any variance from the terms of this chapter, the board of adjustment must and shall find: 1. That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning district; -1 , December 5,2002 BOA Agenda Item A Page 2 2. That the special conditions and circumstances do not result from the actions of the applicant; 3. 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; 4. 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. 5. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure; 6. 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 otherwise detrimental to the public welfare. d. ..... (2) In recommending the granting of any variance, the board of adjustment may recommend appropriate conditions and safeguards. Violations of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter. The board of adjustment may recommend a reasonable time limit within which the action for which the variance is required shall be begun, or both. (3) Under no circumstances shall the board of adjustment recommend the granting of a variance to permit a use not generally or by special exception permitted in the zoning district involved, or any use expressly or by implication prohibited by the. terms of this chapter in the zoning district. No nonconforming use of neighboring lands, structures or buildings in the same zoning classification or district, and no permitted use of lands, structures or buildings in other zoning classifications or districts shall be considered grounds for the authorization of a variance. (4) (5) Sec. 20-486. Signs. All signs and sign elements, including shape, form, lighting, materials, size, color and location shall be subject to approval by the design review board if such signs or sign elements are visible from adjacent properties or a street right-of-way. 1 December 5,2002 BOA Agenda Item A Page 3 (1) Ground mounted multi-tenant or project identification sign: For each multi-. tenant development under separate ownership, one (1) wide-based monument style permanent sign with landscaped base identifying the name of the development and businesses within the development shall be permitted. For development with five hundred (500) feet of frontage or more on a major road, one additional sign may be permitted. The minimum separation for all signs on an individual ownership parcel shall be two hundred (200) feet and: a. Shall only advertise the name of the commercial development companies, corporation or major enterprises within the commercial development. The primary address of the building shall be incorporated into the sign with numerals/letters a minimum of eight (8) inches in height, but the address shall not be counted against allowable copy area. b. Shall be located no closer than ten (10) feet from front, side, or rear property lines. c. Shall have a maximum of two (2) faces. d. Shall be consistent in design, format and materials with the architecture of the proposed building(s). e. . A wall sign shall not be higher than eight (8) feet above the closest vehicular use area. f. Landscaping shall be incorporated around the base to include low growing shrubs and ground cover and/or annuals to promote color. g. Signs shall be in accordance with the following schedule: Building Size Maximum Copy Area (Gross Floor Area) Under 75,000 SF 32 SF Maximum Height 12 feet (2) Ground mounted single-tenant identification sign: One (1) wide-based monument styfe permanent project identification sign shall be permitted per single-tenant parcel. One additional permanent wide-based monument style project identification sign may be permitted for parcels in excess of one (1) acre with more than one (1) ingress/egress serving more than one (1) building. The minimum separation for all signs on an individual ownership parcel shall be two hundred (200) feet. a. Shall only advertise one (1) person, firm, company, corporation or major enterprise occupying the premises. b. Shall be located no closer than ten (10) feet from the front, side or rear property lines. c. Shall not exceed two (2) faces. d. Sign copy area shall not exceed thirty-two (32) square feet per face. For parcels in excess of four (4.0) acres, the project identification sign face may be increased to forty-eight (48) square feet. ) I) r December 5, 2002 BOA Agenda Item A Page 4 e. Shall be consistent in design, format and materials with the architecture of the proposed building. f. The sign shall not be more than eight (8) feet in height above the closest driveway or vehicular use area. g. Signs shall be in an enclosed base a minimum width of two-thirds (2/3) the width of the sign. Landscaping shall be incorporated around the base to include low growing shrubs and ground cover and/or annuals to promote color. Ordinance No. 2000-17 (please see attached) CONSIDERA TIONS: On November 10, 1997, the City Commission adopted Ordinance No. 683, which, among other things, created the SR 434 Redevelopment Overlay Zoning District. It also set forth standards for signage and provided a 5-year maximum amortization period for signs that were not in compliance with the new standards. On June 12,2000, the City Commission adopted Ordinance No. 2000-17, which provided that any sign, other than a billboard, could be amortized and maintained until November 14,2002. At or prior to November 14,2002, all nonconforming signs must be removed and may be replaced with signs that conform to the design standards set forth in the S.R. 434 Redevelopment regulations. All directly affected property owners were notified at or about the time Ordinance No. 2000- 17 was adopted. As a reminder of the up-coming deadline, on July 26,2002, Community Development Director Charles Carrington sent each property owner with a sign in either of the SR 434 districts. The subject site has C-l Zoning, a Commercial Future Land Use designation, and is located within the SR 434 Redevelopment Overlay Zoning District. Winter Springs Food Market has several businesses at the site. Sec. 20-83. Procedures. (a) Upon receipt, in proper form and with appropriate fees, an application for a variance, special exception or conditional use as delineated in this chapter, the board of adjustment shall schedule such application for consideration at a public meeting. (b) All such applications will be processed within sixty (60) days of receipt of same. (c) All meetings for consideration of a variance, special exception or conditional if December 5,2002 BOA Agenda Item A Page 5 use shall be noticed for at least seven (7) days prior to the date of the meeting in the following manner: (1) Posting the affected property with a notice of the meeting which indicates the matter to be considered. (2) Posting in city hall a notice of the meeting which indicates the property affected and the matter to be discussed. (3) At least seven (7) days prior to the meeting, the board of adjustment shall also notify all owners of property adjacent to or within one hundred fifty (150) feet of the property to be affected of the time, date and place of the meeting. Such letter must also indicate the variance, special exception, or conditional use requested, and must require proof of delivery. (d) All interested persons shall be entitled to be heard as such meetings or to be heard by written statement submitted at or prior to such meeting. (e) In the event a special exception, variance or conditional use is not authorized by ordinances of the city, the person requesting the unauthorized action must submit an application pursuant to section 20-28. (f) Appeals to the board of adjustment may be taken by any person aggrieved or by any officer, board or bureau of the city affected by any decision of an administrative official under the zoning regulations. Such appeals shall be taken within thirty (30) days after such decision is made by filing with the officer from whom the appeal is taken and with the board of adjustment, a notice of appeal specifying the grounds thereof. The appeal shall be in such form as prescribed by the rules of the board. The administrative official from whom the appeal is taken shall, upon notification of the filing of the appeal, forthwith transmit to the board of adjustment all the documents, plans, papers or other material constituting the record upon which the action appealed from was taken. (g) The board of adjustment shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and make recommendations to the city commission for the appeal within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney. For procedural purposes, an application for a special exception shall be handled by the board of adjustment the same as for appeals. (h) Any variance, special exception or conditional use which may be granted by the council shall expire six (6) months after the effective date of such action by the city commission, unless a building permit based upon and incorporating the variance, special exception or conditional use is obtained within the aforesaid six- month period. However, the city commission may renew such variance, special exception or conditional use for one (1) additional period of six (6) months, f December 5, 2002 BOA Agenda Item A Page 6 provided good cause is shown and the application for extension shall be filed with the board at least thirty (30) days prior to the expiration of the six-month period. Any renewal may be granted without public hearing, however, a reapplication fee may be charged in an amount not to exceed tlie amount of the original application fee. It is intended that provisions contained within this subsection are to be retroactive to the extent that any variance, special exception or conditional use previously granted shall become void if a period of time in excess of twelve (12) months shall have lapsed, and a building permit based upon and incorporating the variance, special exceptions or conditional uses has not been issued prior to expiration of such time limit. CHRONOLOGY: November 13, 2002 - City received application for variance. FINDINGS: 1) Staff has not received a written explanation of how the variance request conforms to all six of the variance criteria set forth in Section 20-82 of the Code. 2) Staff cannot determine that the variance request conforms to the six criteria set forth in Section 20-82 of the Code. RECOMMENDATION: Staff recommends that the Board of Adjustment consider the variance pursuant to the criteria outlined in section 20-82 of the Code. Approval requires consistency with all six criteria. ATTACHMENTS: A - Variance Application B - List of surrounding businesses and owners C -Pictures of the sign and surrounding view D -Answers to 7 criteria requirement E -Property Appraisers Map from the County F -Limited Power of Attorney appointing Glen Whittaker to represent Winter Springs Food Market before the Board of Adjustment. . .:,;r~~~':0C!~~~'~!!';}' . " "'~~r-" _. t,. ""', ;,,,.:;~~. ).(~~~,;.f!-..~...;~,,-..;::::~~,;,~~~~~w:r.'!:" . -.' : ...-_ N~~V-l~_~~_ _ ... .er- ,~ ..~~... P.01 .l November ) 3:i~'i:' , .~~'~ . ,- - ~, . '~>~. Power of ~ft9n;'~y ,;..'jr~~'\'. " /.~);_~~~?~i.. . City qrwJ@er Springs ).) 26.. EiiSt~S~~434 Wint~fS'f!f-" '1 s. FL 32708 . .;:~ftma . kMiS1.0ich Pban of Winter Springs Food Market. rnc. hereby name and appoint Glen ~iffilker ofOeneral Services of Central Florida to be my lawful attorney in fact to act ..f.8~~~ apply to'th~ City of Winter S~rings fo~ a sign variance ~rmit <<IT work .~pertDi'med at 147 W. State Road 434, Wmter Spnngs. FL and to SJgIl niy name and do . all items necessary to this appointment. ~' State ofFloridll ~ County 0(."" <: . . -).) (J.-J 0 L€- Acknowledge Sworn to and subscribed' fore me this . '") . (s.()4- dayof \ _~_~.D. 20 t) c;'-. /2t lIGIl-J5 l-- { ~~ 12 N AHWNt A. MOHAMMED ." CanIM &po lM7.os . NO. ex: 887M4 I J fWa.ay ~ oe.l.o. (Seal)"" My Commission Expires I &-.. ~ 7~T. " ~. ~ ,~- .~ Nov-22-02 11:17 P.02 REC~*'tI!D NO\! 2 2 2002 WINTER SPRINGS FOOD MARKET. INC. CITY OF WINTER SPRINGS CiTY OF WINTER SI'kll'ojGS Pennitting - Max V ARIANCE. DECEMBER 5, 2002 LIST OF SURROUNDING PROPERTIES - 150 FT. OF PROPERTY LINE 1. Partners Preferred Yield Inc., P.O. Box 25025, Glendale, Ca. 91221 2. Richard J. GudenkaufTrustee, 2125 Emerald Green Circle, Oviedo, Fl. 32765- ( 4 properties) 3. Stephen Cahill, 131 Park Lake St, Orlando, Fl. 32803 4. Jerry W. Eans, 739 Sybilwood Circle, Winter Springs, Fl. 32708 5. Visible Light Holdings, Inc., 195 W. State Road 434, Winter Springs" 1'1. 32708 6, Jerry W. & Nancy D. Bans, 739 Sybilwood Circle, Winter Springs, Fl. 32708 Note; Please see attached Seminole County's Parcel ID detail print out for each owner and surrounding area maps. Nov-21-02 14:00 . 'I P.02 WINTER SPRINGS FOOD MARKET,INC. .!) III ~ ...~ ~ (p ~. ~(j VARIANCE - 7 CRITERIA REOUIRED ,,; '" <<(f hY' . ~ f(-0.l' ~, ,I(), A;; ~ ~.~~ ~ ~ ..!.~ 0<<'/' ~~ i) CITY OF WINTER SPRINGS DECEMBER 5. 2002 1- The adjacent parking lot and the Public Storage wall to the East arc not allowing the sign to conform with the 10 feet setback requested. The existing Public Storage wall is located closer to the road front than redcvelopment construction setbacks in the area, hampering the ability to conform with existing sign standards. 2- The applicant has a sign that was permitted Wld conformed with the ordinances. It was not the applicant's actions that changed the sign ordinances. 3- This location is cstablished and needs to continue to prosper in business to remain a vital part of the area. Their sign is a necessity for their business success and relocating it to a less visible location, could ultimately affect the welfare of the business. 4- The ncighboring properties have signs that are more visible to the public which are commonly enjoyed by their businesses. 5- The buildings and parking lots surrounding the property caused this to be the minimal allowable. 6- Granting the variance would be consistent with the existing signage, and is not and has not been detrimental to the neighborhood. 7- The request for the variance is consistent with the objectives and policies of the Comprehensive Plan. . '" 'Nov-21-02 12:24 OUH 1- 0120 otze 05.1Cl Rec Parcel 420305060A020000 , ,. ~ ','_ I \ .. P.02 )If.,'ft<'l'I.' ""'r'f""/>:; r ..J~/"", 11011,. I'in' Sf. S~r..'.)-.'''' ."1. J:':':; I 4fl~""'h~.~' .Io;~'n Lf)gend Soluct4Kf FO<llur.n F llcillt ills /7:""1 Golf COUIM Pa,ltls o ParoelS . W<lIII' Street Addro&S " ., . r. Nov-21-02 12:24 . r. P.03 .t...,..::>~ ri~ ;"l':"" '\\. / . ;,;0 . ..,. . ,~~,til" !1..../ ~ . (, .' , '. 342030'5060A040C l ^ . I' . - " " ,', '''=T'~Qa.9i~OA~'O-O~~ '<< O~~13050400000b2~ . I \ OC\~3.05300000P . ':.:.::\ ;'.: '.:' :.'''' : \ \ \ \,0' 5 \' >'""..... '" \ 1 \ \ \ '1420iO~3ko . . ;~ ...... G) 2 2.A OA04 \ 3420d\o~oOOO:OOO12l\.~ ?,:';.=,' ::'I':~:'-- . . . :. ;, Y' , _ " . -3" " . ~ \ ~\ f42030\7'3J~ }~~~~:;.~:,.. .:: '::: ",' ~ 032130504000000~O ..-. \ ----..r '\ ~2W305~OO~O '".:' .' ,-. '~'~::.: .' 4 \ \ 31263?~390PQ~~O~O ': ':':~".:::' ,: :?>:... ,,' < '. \ \ 34203QS300COOnntl-il\,J ;'.. :'):1; :i :".. '.'~ :_::J1~ .,' J I COMMti"f.l~~W'Y\ ",. --- t. \. \. . ... -\. . - . .. - ......---- \. 'i, . . \ \: I ,\ , I: I - - ~ \ \ I \ 'I _ _ ' no ... \ - \ \ \ I, -, - - -., .. \ .. - \ \ ~ \::.J 4 \ I Ie;) \ 12 \ 11 \ \ \. - 30 29 28 Seminole County OI.,,;UU-vvvu COMMON AREA A \::J \ \ \ \ \ \ \ \ \ \ A ~ 2.0 <D 2 3 Seminole County Property Appraiser H.W. "Bill" Suber . 0" ., ~~.'\ ;;; ~~ If ~ 'BoiRD O~ ADJUSTMENT. APPLICATION CITY OF WINTER SPRINGS .1 1126 'EAST STATE ROAD 434 : WIN T E R . SPRINGS, FL. 3 2 7 0 8 - 2 7 9 9 (407)327-1800 ~7'~ d- U7J . Ckrv 3 ... -- FOR: SPECIAL EXCEPTION VARIANCE 'CONDITIONAL USE ~P1:i!NI.STRATIVE .DECIS!O~C~ -r:: ""' (I FL./JTL- .~~,/l(.1..L ~~ C7J' L.C::...$-tA/l(~ ~. APP L I CANT: W/n..ffvc $~"T' Fo<<t u.tu>J,~ ~ ~Hb.NE l/o '; -3,;l7-C6~ ADDRESS: /'-H UJ. SI<, 4- 3'11 W~ 6~/) FL 3,2'fOf3 . PURPOSE OF. REQUEST: V~, <!..v _ h .../-Iu-- .RfA...~ cJ0 : ./""7...P ---v?-1 CLI ~ .....;f-.-It.t? ~ 4---f11? /YY7./? _ ~ _' _ v''' 1. 2 3. ATTACH A COpy OF THE PARCEL SURVEY. 4. ATTACH AN 11 x 17 HAP SHOWING THE SUBJECT PROPERTY AND SURROUNDING PARCELS. 5. ATTACH LEGAL'DESCRIPTION. 6. TAX PARCEL IDENTIFICATION NUHBE~:' 34-0(~30' SOhOA-d~('J(f)O 7. LOCATION 'OFPARCEL (Street Addres's . and/or .:Nearest Cross Streets): ~ 8. PRESENT ZONING: FUTURE LAND USE: By Signing beloW'I ~nderstand that City of ~inter Sp~in9s Officials may enter upon my property to inspect that portion, as relates to this application: (If the applic~nt is not the owner of the subject property, applicant must attach. a letter of authorization signed by owner) . ". 6te-h . PhCUr\ 'I- OI-iNER-PL'EASE TYPE. I. _..//)j?~/l' /J;IAl OWNE~-StGN~TUR~' . the the RECEIVED NOV 1 3Z00l \. 'CITY OF 'NiN"rt;ik $PNING~ PeOl1ittlng . Max . "" . , . . . PERSONS ARE ADVISED THAT, IF THEY DECIDE TO APPEAL ANY.. DECISIONS MADE AT THESE HEETIN6s/HEARINGS, THEY WILL NEED A ,RECORb OF THE PROCEEDiNGS AND FOR SUCH PURPOSE, THEY WILL NEED TO INSURE THAT A VERBATIM'RECORD OF TH~ PROCEEDINGS IS MADE, 'AT'THEIR 'COST, WHICH I INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL 1S TO 8E..\:.' BASED, PER SECTION 286,0105,_ FLORIDA STATUTES 'J' .,/ SECTION 20-84 - APPEALS FROM DECr'SIONS OF THE BOARD OF ADJUSTHENT (1) Any person, or persons, jointly or severally agg'rieved by any decision of the Board of Adjustment may, within thirty (30) days after the filing of any de6ision in the office of the Board of A dJ us t men t , but not the rea f t e r, a p ply to. the 'C i t y Co unci 1 for administrative re'lief. After a hearing "before the City Council an aggrieved party ~ay, within thirty (30) days after the decision of the City' Council, file an appeal with a court of competent jUrisdiction Over the subject matter.. 1._.., . ..1...o'r'~. , " ,'. ". , . '..1 .'.