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Home My WebLink About2003 02 06 Regular Item B ~ f: BOARD OF ADJUSTMENT AGENDA ITEM B February 6. 2003 Meeting REQUEST: Community Development Department presents to the Board of Adjustment the request for a Conditional Use approval, pursuant to Section 20-254 of the Zoning Chapter. PURPOSE: The purpose of this agenda item is to consider a request of the applicant to allow a Tattooing and Body Piercing business as a Conditional Use in theC-2 (General Commercial) zoning district. APPLICABLE LAW AND PUBLIC POLICY: Sec. 20-251. In General. The lands of the C-2 General Commercial District are to be used by a variety of commercial operations which serve the commercial needs of the community. The purpose of this district is to permit the normal operation of the majority of general commercial uses under such conditions of operation as will protect abutting residential and other noncommercial uses, minimize the interruption of traffic along adjacent thoroughfares, promote aesthetic and architectural harmony, attractiveness and compatibility within the community, and abide by the performance and developmeut standards of the city, county, state and U.S. government. The District is intended for lands adjacent to or easily serviced by collector and major arterial roads adaptable to higher traffic generating general commercial uses. Sec. 20-254. Conditional Uses. (8) Body piercing and tattoo shops. Sec. 20-82. Duties and powers, general. The board of adjustment shall make recommendations to the city commission to . grant any variance or special [or conditional use ] exception as delineated in this chapter. (I) ..: (2) In recommending the granting of any v~ance, the board of adjustment may recommend appropriate conditions and safeguards. Violations of such safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of his chapter. The board of adjustment may r~commend a reasonable time limit within which the action for which the variance is required shall be begun or completed, or both. S:\dept - Community Development\Planning\Board of Adjustment\Primal Urge Tattooing CU final.doc 1 f 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 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. (t) Appeals to the board o~ 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 und~r 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 acti6n 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 S:\dept - Community Development\Planning\Board of Adjustment\Primal Urge Tattooing CU final.doc 2 -i: , 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 (I) additional period of six( 6) months, 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 the 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. I. SUMMARY OF APPLICATION A. Applicant: Beth Burkhart. President Vincent Burkhart, Vice President Primal Urge Tattooing & Body Piercing Inc. 883/885 Hwy.17~92 Winter Springs. Florida 32750 Property Owner: Brucato Family Trust 897 Paddington Terrace Lake Mary, Florida 32746 B. Site Information: Parcel Number - 28-20-30-5AS-OBOO-OllO Location - Primal Urge Tattooing & Body Piercing is a tenant in the building owned by the Brucato Family Trust at 883 & 885 North Hwy 17-92 located on east side of Highway 17-92 , just south of Shepard Rd. There are 2 other tenants (Precision Window Tinting & S:\dept - Community Development\Planning\Board of Adjustment\Primal Urge Tattooing CU finaL doc 3 ~ Boxes Etc.) directly adjacent to the Applicant which share the same parking lot and are within the same structure. Existing Land Use - The adjacent land uses (on the same parcel of land) are Commercial. Adjacent parcels (under other ownership) are also used commercially. Some of these parcels are within Winter Springs, while others are in the County. Nevertheless, the County and City have similar objectives related to existing land use, zoning and future land use designations along this section of Highway 17-92, as shown in the table below. . Subject Site Commercial C-2 (WS) Industrial (WS) 887 N Hwy 17-92 Precision Window Tinting 883 N Hwy 17-92 PRIMAL URGE TATTOO 881 NHwy 17-92 Boxes Etc. 875 N Hwy 17-92 Land Poultry 875B N Hwy 17-92 Big B Produce 863 N Hwy 17-92 JMR Prod Inc North - NHwy 17-92 Vacant C-2 (WS) Industrial (WS) 975 N Hwy 17-92 (Commercial) Five Pt. Motors C-2 (SC) Commercial (SC) South 855 N Hwy 17-92 (Commercial) Cycle Riders C-2 (SC) Commercial (SC) 821 N Hwy 17-92 (Commercial) US Pawn C-2 (WS) Industrial (WS) East - N Hwy 17-92 C-2 S Industrial WS - N Hwy 17-92 C-2 (WS) Industrial (WS) West 1018 N Hwy 17-92 (Commercial) Church C-2 (SC) Industrial (SC) 930 N Hwy 17-92 . (Commercial) Ruben's Tire M-l (SC) Industrial (SC) 920 N Hwy 17-92 (Commercial) M-I (SC) Industrial (SC) 880N Hwy 17-92 (Commercial) C-2 (SC) Industrial (SC) 850NHwy 17-92 (Commercial) C-2 (SC) Industrial (SC) (WS) Winter Springs; (SC) Seminole County; (0) Oviedo S:\dept - Community Development\Planning\Board of Adjustment\Primal Urge Tattooing CU final.doc 4 !j Development Trends - The subject site is already developed. The proposed Conditional Use is consistent with the general character of the C-2 Zoning along Highway 17-92. LetterslPhone Calls In Favor Or Opposition - Letters from the following individuals were submitted by Primal Urge Tattoo and Body Piercing when application was made on January 21,2003. These individuals have no objection to the tattoo studio: Marcia Brucato with Brucato Family Trust at 975 Paddington Terrace, Lake Mary, FL 32746 Damian Jeurgot (sp?) with Window Tinitng at 887 N Hwy 17-92 Bob Brucato with Boxes Etc. at 881 N. Hwy 17-92 Kathy Brucato with Big B Produce at 875 N. Hwy 17-92 Alan Dormeister (sp?) with Used Car Lot at 1010 N. Hwy 17-92 Ruben Feliz (sp?) with Tire Service at 930 N.Hwy 17-92 . (?) with Car Mechs Inc. at 920 n. Hwy 17-92 Jason Sykes with Technologies WS at 700 Castlewood Dr. II. FINDINGS A. The request is consistent with all applicable goals, objectives and policies of the City's adopted Comprehensive Plan. B. The request is in conformance with the purpose and intent of the City Code and with all applicable requirements. C. No changes are being proposed to the existing development D. Considering the type and location of uses involved and the general character of the area, the request would not result in any incompatible land uses, including such factors as height, bulk, scale, intensity, traffic, noise, drainage, dust, lighting, appearance, and other factors deemed important. ill. STAFF RECOMMENDATION Staff recommends Approval of Primal Urge Tattooing & Body Piercing as a Conditional Use on the subject property at 883 & 885 North Hwy 17-92. IV. ATTACHMENTS A. Location Map B. SitePlan C. Letter from Property Owner D. Property Owners within 150' BOARD OF ADJUSTMENT ACTION: S:\dept - Community Development\Planning\Board of Adjustment\Primal Urge Tattooing CU final.doc 5 Map Output Page I of 1 ~:bn.~. raiNr b. lUng. Fln( S(. S'anlbl'd ....... ~l'1'71 401-66So1 S06 0210 02A0 02:SA 586ft ~. lI\A.p t,OCA"'TIO"-\ 'PJecpee-r,e~ ~!J t..J lSO' ~O\.Ut....\, Legend F acilitills Golf CootSG Pal1CS ParcelS Water " 1_ ~ ___1 _.L 1_ ____ __--.: ............-=__....._. D....-:_....._t)ClO',.-..u~l"'\.o':l\.Tnr\"\a.=r'\'1.1&;>>.'t'"1.11,::a,'J.,.RrrlipntV PT 1 /?7 i?001 I I I I I J. \ , N \r . r- - ~ .:r . il. ~ .t .. Gt , ... rri :'\ _4... .-, I I,' \ /:/ / -/ . ..... /-:.....- . " ~. --_..~~~:~~\.~~~t~-_...- ~4'~'.__~_:_'_'_'_ H' .--t J- .~>-tJ, t,:;~~;, :'1 ~~~~~~Ei~~~~~'2'?~~l:::Jj! II ~_...:-- "u' :"I~ '!~3 ~:;~~~~;:::r~: .~;;~j:i/','::;":.,~<'~l;,.~:~_.'~'i:,.{j;'::*:. ".,.,..I~0~.",....!1.i,:, ~ "~" ""n.~'<"""'" ," ',."'-' ..... ~I'. ~~~_~ ~~~:;t~~~~; ,n ':1:m~f4t\f.q~1r" ""; ,', 1-:~ - --- ----.-.... - -'''~'.'~~.:.' ~ . "':-4'__ f -~ ~"hr. '4 .~.... ....,./ ,. Il .. ! '~I J" "J a .. .. ''':'.'1 -I' . .i 1, l ~. t~~ { :...,~ _, .~ i!; 1-" :':,.: .."""11 -.c '-'!~ ~?-t ~-:~_---.J._ __C::-t. --. ------. -- ,. ~ --'7- . .....or .....,... v.;,,..,..f"'.. ...,. ,.... I .:... _.._~___~l. ~.. .... ~. ~ SITE PLAN ,.- ~Orl..11-\ ~ITe:,"PL.-bN ~DW/Nu, L..DCA.l(O~ AT t:Jf:;~/bt;? N. ~'N'f (7-~2. _0., ~~ lW..J .....,W.W~p. /lerCle Dr"'Cet.O "tU" ~~~ Ftbb p. 1 .c. '" " '\ \ \ JAN.20,2003 897 P ADDINGTON TERRACE LAKE MARY, FL. 32746 ~utt DEAR MR. AND MRS. BURKHART, ",-' AS PER YOUR REQUEST; TInS LEITER IS TO INFORM THE NECESSARY AUTHORITIES THAT YOU HAVE THE PERMISSION OF THE BRUCATO FAMILY TRUST. OWNER OF THE PROPERTY YOU ARE NOW LEASING, TO APPLY FOR THE 'CONDITIONAL USE' ADJUSTMENT. SINCEREL Y, 4.. --J-- 7n~ (/ZJ~ MARCIA BRUCATO, FOR BRUCATO FAMILY TRUST ATTACHMENT'D' PROPERTY OWNERS WITHIN 150': Brucato Family Trust RE: Property loc~ted at: 881 Hwy 17-92 Parcel # 28-20-30-5AS-OBOO-OII0 897 Paddington Terrace Lake Mary, Florida 3274,6 Nicholas L & Gayle Gattuso RE: Property located at: 975 Hwy 17-92 Parcel # 28-20-30-5AS-OBOO-0130 I 1110 Cambridge Ct. i Longwood, Florida 32779 Ronald K. Wallace & Leigh J. Wallace \ RE: Property located along Hwy 17-92 Parcel # 28-20-30-5AS-OBOO-0120 612 Fallsmead Circle \ Longwood, Florida 3275.0 The Wallace Seat Companies Inc. RE: Property located along Hwy 17-92 Parcel # 33-20-30-523-0000-00AO P.O. Box 521161 Longwood, Florida 32752 Sun Homes of Orlando, Inc. RE: Property located along Hwy 17-92 Parcel # 33-20-30-523-0COO-0000 700 Riverbend Blvd. Longwood, Florida 32779 Mitchell D & Lynn S. Marqui RE: Property located at 855 Hwy 17-92 Parcel # 33-20-30-501-0000-0010 3759 Brantley Place Circle Apopka, Florida 32703 S:\dept - Community Development\Planning\Board of Adjustment\Primal Urge Tattooing CD final.doc o Longwood Church of Christ Inc Attn Thomas E. Thompson RE: Property located at: 1018 N. Hwy 17-92 Parcel # 28-20-30-5AS-OAOO-0150 212 Sanora Blvd. Sanford, Florida 32773 Brian Connaughton, Vivian Connaughton, & Gloria Yallico RE: Property located at 1010 N. Hwy 17-92 Parcel # 28-20-30-5AS-OAOO-0140 7220 Hwy 17-92 . \ Casselberry, Flonda 32707 Ruben Tire Service Corp. RE: Property located at 930 N. Hwy 17-92 Parcel # 28-20-30-5AS-OAOO-0130 930 N. Hwy 17-92 Longwood, Florida 32750 Mounir Wakas RE: Property located at 920 N Hwy 17-92 Parcel # 28-20-30-5AS-OAOO-0120 # 28-20-30-5AS-OAOO-012A 920 N. Hwy 17-92 Longwood, Florida 32750 Essie L. Ramsey, Connie Ramsey,& Jimmie Ramsey RE: Property located at 880 N Hwy 17-92 Parcel # 28-20-30-5AS-OAOO-OIlO P.O. Box 1352 Sorrento, Florida 32776 John Mollica, Rae Mollica, & Carmine Briscese RE: Property located at 950 N. Hwy 17-92 Parcel # 28-20-30-5AS-OAOO-OIOO 2143 Conifer Avenue Winter Park, Florida 32792 S:\dept - Community Development\Planning\Board of Adjustment\Primal Urge Tattooing CU final.doc 7 ATTACHMENT'D' PROPERTY OWNERS WITHIN 150': Brucato Family Trust RE: Property located at: 881 Hwy 17-92 Parcel # 28-20-30-5AS-OBOO-OII0 897 Paddington Terrace Lake Mary, Florida 32746 Nicholas L & Gayle Gattuso RE: Property located at: 975 Hwy 17-92 Parcel # 28-20-30-5AS-OBOO-0130 1110 Cambridge Ct. Longwood, Florida 32779 Ronald K. Wallace & Leigh J. Wallace RE: Property located along Hwy 17-92 Parcel # 28-20-30-5AS-OBOO-0120 612 Fallsmead Circle Longwood, Florida 32750 The Wallace Seat Companies Inc. RE: Property located along Hwy 17-92 Parcel # 33-20-30-523-0000-00AO P.O. Box 521161 Longwood, Florida 32752 Sun Homes of Orlando, Inc. RE: Property located along Hwy 17-92 Parcel # 33-20-30-523-0COO-0000 700 Riverbend Blvd. Longwood, Florida 32779 Mitchell D & Lynn S. Marqui RE: Property located at 855 Hwy 17-92 Parcel # 33-20-30-501-0000-0010 3759 Brantley Place Circle Apopka, Florida 32703 S:\dept - Community Development\Planning\Board of Adjustment\Primal Urge Tattooing CU final. doc ()