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Home My WebLink About2003 08 07 Consent Item A :; CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING JULY 17,2003 (pOSTPONED FROM JULY 3, 2003) I. CALL TO ORDER Chairman Thomas Waters called the Regular Meeting to order Thursday, July 17, 2003 (postponed from July 3, 2003) at 7:01 p.m. 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 Gary Diller, absent Board Member John Herbert, present Board Member Sharon Tackaberry, present The Pledge of Allegiance followed. II. CONSENT AGENDA CONSENT A. Approval of the June 5, 2003 Regular Meeting Minutes. Chairman Waters asked the Members of the Board for a "Motion to accept" the Minutes as presented. "SO MOVED". MOTION BY BOARD MEMBER TACKABERRY. SECONDED. DISCUSSION. WITH CONSENSUS OF THE BOARD, THE MINUTES WERE APPROVED. MOTION CARRIED. I CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - JULY 17, 2003 (POSTPONED FROM JULY 3. 2003) PAGE 2 OF 5 III. REGULAR AGENDA REGULAR A. A Request by Attorney Bruce Duncan, Agent for A VA-Anthony and/Or Kamil Gowni and/Or Phelepateer LLC, For A Variance From Section 20-418. Of The City Code Of Ordinances (Ordinance Number 2001-13), To Allow A Gasoline Station To Be Constructed On A Site Within 350 Feet Of Another Existing Gasoline Station Site Or Within 350 Feet Of Residential Property. Mr. John Baker, AICP, Senior Planner, Community Development Department presented the Agenda Item; addressed the "Six (6) criteria"; and advised, "We as Staff do not find that the request meets the six (6) criteria". Attorney Bruce G. Duncan, 308 East 5th Avenue, Mount Dora, Florida 32757: presented renderings of the proposed gas station; provided the Board with the history of the project; and rebutted Staff's findings with regards to the "Six (6) criteria". Attorney Duncan advised the Board, "There are additional concessions that are in the works based on some comments that we have had with Mr. McLemore [City Manager], in some of our Meetings leading up to this - this hearing tonight." Vice Chairman Jack Taylor questioned, "What are the additional things - you did not expand on them, the additional things that you are talking to Mr. McLemore about?" Attorney Duncan responded, "One (1) of the things as I mentioned is the canopy that sits over the pumps itself that allows you to drain it - instead of a flat roof. We are talking about a - sloped roof so that it looks more like a house when you look directly onto the site. Mr. McLemore indicated that he had seen some of these up in Georgia and found them to be much more aesthetically pleasing and he asked Mr. Gowni if he would agree to do that. Mr. Gowni said yes he would do that." Vice Chairman Taylor asked, "Was this recently that he said this?" Attorney Duncan said, "Yes Sir, this was. a month ago. Mr. McLemore actually talked about next time he was in Georgia he would take photographs of that particular station for Mr. Gowni to look at and - give it to his Architect or Engineer so he can make arrangements for that." Vice Chairman Taylor further asked, "Basically what you are asking for tonight is a Special Exemption and basically it puts you back to where you were before you gave away your Vested Rights." Attorney Duncan said, "That is correct Sir." Vice Chairman Taylor asked, "Are you planning on giving back the City the $63,000.00 dollars that they forgave you for?" Attorney Duncan responded, "No Sir. We do not have any intention on doing that." Chairman Waters spoke for the record regarding gas stations. Discussion. .., CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - JULY 17. 2003 (POSTPONED FROM JULY 3, 2003) PAGE30F5 Ms. Antoinette G. Jardin, 15 La Vista Circle, Winter Springs, Florida: suggested that said property should be required to build a Masonry Wall at the property before any site work is started. Tape IISide B Mr. eM. Crawley, Hacienda Village Homeowner's Association President, 206 El Camino Real Circle, Winter Springs, Florida: read and distributed a letter of opposition for the record. Discussion. "I WOULD LIKE TO MAKE A MOTION THAT WE ACCEPT STAFF'S RECOMMENDATION TO DENY THE VARIANCE FOR A SPECIAL EXCEPTION AND PASS THAT RECOMMENDATION ON TO THE - WINTER SPRINGS COMMISSION FOR THEIR ACTION." MOTION BY VICE CHAIRMAN TAYLOR. MR. BAKER STATED, "TIDSWOULD BE A VARIANCE NOT A SPECIAL EXCEPTION." VICE CHAIRMAN TAYLOR SAID, "IT IS A REQUEST FOR A VARIANCE YES - I STAND CORRECTED." SECONDED BY BOARD MEMBER TACKABERRY. DISCUSSION. VOTE: BOARD MEMBER HERBERT: NAY "Point of Order" was stated by Chairman Waters who stated, "By voting 'Aye' I am voting to reject the application." CHAIRMAN WATERS: AYE VICE CHAIRMAN TAYLOR: AYE BOARD MEMBER TACKABERRY: AYE MOTION CARRIED. REGULAR B. A Request By Richard.Gudenkauf.For A Variance From Section 20-486. (please See Ordinance Number 2000-17) Of The City Code Of Ordinances, To Allow An Existing Non-Conforming Sign To Remain Within The State Road 434 Redevelopment Overlay Zoning District. ~ CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - JULY 17, 2003 (POSTPONED FROM JULY 3, 2003) PAGE40F5 Mr. Baker introduced the Agenda Item; clarified that "At the very bottom, under considerations, 'Eighteen (18) feet from the back of the curve road' - I did make a mistake there, I put 'Face of curve' versus 'Back of curve"'; and informed the Board that "We [Staff] do not believe that the Variance request meets the six (6) criteria - financial hardship does not constitute a hardship in terms of granting a Variance." Discussion developed. Mr. Richard Gudenkauf, 155 West State Road.434, Winter Springs, Florida: requested the Board Members allow his non-conforming sign remain on State Road 434. Mr. Steve Perlman, 195 West State Road 434, Winter Springs, Florida: spoke in favor of the Variance and addressed the six (6) criteria. Ms. Joan Gudenkauf, 155 West State Road 434, Winter Springs, Florida: was in favor of the Variance but did not verbally address the Board. Discussion. Vice Chairman Taylor spoke of the adjacent property owners "Pole sign" that is not in compliance with the City Code and asked, "Mr. Baker what is the status of that?" . Mr. . Baker said, "Since we sent out the letters in February we have not heard anymore from them. I do not know if they have been notified by Code Enforcement or not." Vice Chairman Taylor said, "Could we make a note just to check on that?" Mr. Baker said, "Yes Sir, we will. I will report back to you at the next Meeting." "I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE THE REQUEST BASED ON SPECIAL CIRCUMSTANCES, AND PASS THAT RECOMMENDA TION ON TO THE WINTER SPRINGS COMMISSION FOR THEIR APPROVAL." MOTION BY VICE CHAIRMAN TAYLOR. SECONDED BY BOARD MEMBER HERBERT. DISCUSSION. Mr. Baker asked, "Can I get clarification, are you addressing the sign as it is, both the copy area as well as the setback?" Vice Chairman Taylor responded, "Yes. I do not believe changing the copy area would make that much difference in the sign. The sign would still be there." VOTE: VICE CHAIRMAN TAYLOR: AYE CHAIRMAN WATERS: NAY BOARDMEMBERTACKABERRY: AYE BOARD MEMBER HERBERT: AYE MOTION CARRIED. 'i CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING-JULY 17,2003 (POSTPONED FROM JULY 3, 2003) PAGE 5 OF5 IV. FUTURE AGENDA ITEMS This Agenda Item was not discussed. V. REPORTS No Reports were given. VI. ADJOURNMENT "I WOULD LIKE TO MAKE A MOTION WE ADJOURN." MOTION BY VICE CHAIRMAN TAYLOR. SECONDED BY BOARD MEMBER HERBERT. DISCUSSION. WITH CONSENSUS OF THE BOARD, THE MOTION WAS APPROVED. MOTION CARRIED. Chairman Waters adjourned the Meeting at 8:27 p.m. RESPECTFULLY SUBMITTED BY: HOILY!)T. p~: ASSISTANT TO THE CITY CLERK; AND APPROVED: 4Z-c~~ THOMAS WATERS, CHAIRMAN BOARD OF ADmSTMENT C;<y C;~klBo"'" "d Commi"""B"'" of (J;jif7ifN U"reS07 1703 RBGULARdoc. NOTE: These Minutes were approved at the . 2003 Board Of Adjustment Regular Meeting.