HomeMy WebLinkAbout2003 11 06 Regular Item B
BOA AGENDA
ITEM B
CONSENT
INFORMA TrON
PUBLIC HEARING
REGULAR X
November 6. 2003
Meeting
MGR. DEPT.
Authorization
REQUEST: The Community Development Department recommends the Board of
Adjustment (BOA) hear a request by Dr. Pete Corum for a variance from Section 20-486
(please see Ordinance No. 2000-17) of the City Code of Ordinances, to authorize a new
monument sign to be constructed closer than 10' from the SR 434 right-of-way (ROW), within
the SR 434 Redevelopment Overlay Zoning District.
PURPOSE: The purpose of this agenda item is to consider a request by Dr. Pete Corum for a
variance from Section 20-486 of the City Code of Ordinances to allow him to replace his
. existing non-conforming pole sign. with an illuminated monument sign at 620 West SR434.
Dr. Corum contends that, given the location of the office building, there is no other place in the
SR 434 ROW for a monument sign that would not be in conflict with the 10 foot setback [from
the property line] requirements.
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
November 6, 2003
Regular Item B
Page 2
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 and which are not
applicable to other lands, structures or buildings in the same
zoning district;
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.
(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 part of the terms under which the
variance is granted, shall be deemed a violation of the chapter. The board
of adjustmenfmay recommend a reasonable time limit within which the
action for which the variance is required shall be begun or completed, or
both.
Sec. 20-103. Restrictions upon lands, buildings and structures.
( c) Percentage of occupancy (lot). No building or structure shall be erected.. .nor shall any
open space surrounding any building or structure be encroached upon .or reduced in any
manner except in conformance with the building site requirements... for the district in which
such building or structure is located.
Sec. 20-486. Signs.
November 6, 2003
Regular Item B
Page 3
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) 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 style
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 (l) 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.
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.
November 6, 2003
Regular Item B
Page 4
g. Signs shall be in an enclosed base a minimum width of two-thirds (2/3) the width ofthe
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)
CONSIDERATIONS:
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 were to 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, former Community
Development Director Charles Carrington sent each property owner with a sign
in either of the SR 434 districts.
The subject site has C-1 Zoning, a Commercial Future Land Use designation,
and is located within the SR 434 Redevelopment Overlay Zoning District. The
applicant proposes to replace an existing non-conforming pole sign with a
monumt:mt sign. The monument sign would encroach into the applicable 10'
sign setback.
FINDINGS:
I).The subject site, 620W. SR 434, is located within the C-1 zoning district, the
Commercial Future Land Use designation, and the SR 434 Redevelopment
Overlay Zoning District.
2).The SR 434 Redevelopment Overlay Zoning District sign standards have
been in effect since November 10, 1997, with the adoption of Ordinance No.
683.
3). On June 12,2000, Ordinance No. 2000-17 amended the amortization
deadline set forth in Ordinance No. 683 and set forth aNovember 14,2002,
deadline for existing non-conforming signs to be removed and replaced with
signs that conform to Code.
4).On or about October 9,2003, the variance application (incomplete abutters
list) was received by the City.
November 6, 2003
Regular Item B
Page 5
5).The Board of Adjustment is required by Code to find that the variance
request meets all six variance criteria, set forth in Subsection 20-82 (1) (c), in
order to recommend approval.
6). Staff does not find that the variance meets all of the six criteria for a
vanance:
1. there are no conditions or circumstances peculiar to the land,
structure, or buildings which are not applicable to other lands,
structures, or buildings in the same SR 434 Redevelopment Overlay
Zoning district;
2. special conditions and circumstances are likely the result of the new
ordinance;
3. granting the variance requested would convey on the applicant
special privileges that is denied by this chapter to other lands,
buildings or structures in the same overlay zoning district;
4. a literal interpretation ofthe provisions of this chapter would not
deprive the applicant of rights commonly enjoyed by other
properties in the same overlay zoning district under the terms of
this chapter and would not work an unnecessary hardship on the
applicant;
5. the variance requested is not the minimum variance that will make
possible the reasonable use of the land, building or structure; and
6. granting the variance requested would not be in harmony with the
general intent and purpose of this chapter and would undermine the
Code, which could be injurious to the neighborhood, or otherwise
detrimental to the public welfare.
7). A financial hardship does not constitute a hardship in terms of granting a
vanance.
8). At its May 12,2003, meeting, the City Commission voted to allow affected
property owners apply for a sign variance without paying the $500 variance
fee.
9). The proposed sign does not meet the 10 foot setback from the adjacent
property line, as setforth in Subsecti,on 20-486 (1) (b) of the City Code of
Ordinances.
RECOMMENDATION:
Staff recommends that the recommend that the City Commission deny the variance request
pursuant to the six variance criteria set forth in Subsection 20-82 (1) (c) ofthe City Code of
Ordinances.
BOA ACTION:
November 6, 2003
Regular Item B
Page 6
ATTACHMENTS:
A - Ordinance No. 2000-17
B - Variance application & map
C - Picture/rendering of signage
ATTACHMENT A
ORDINANCE NO. 2000-17
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA AMENDING THE
CITY OF WINTER SPRINGS CODE OF ORDINANCES,
SECTION 20-466 AND SECTION 20-454 DEALING WITH
SIGNS ALONG S.R434; PROVIDING FOR THE REPEAL OF
PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS; PROVIDING FOR INCORPORATION INTO
THE CODE; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of Winter Springs created a special overlay zoning district
to encourage and provide for enhanced property development within the S.R. 434. commercial
corridor, and
WHEREAS, the City Commission of Winter Springs desired to reduce visual distraction
through uniform sign criteria, and
WHEREAS, The City Commission of Winter Springs recognizes that existing businesses
within the overlay district may have nonconforming signs whose replacement may impose a fitlanciaf
hardship, and
WHEREAS, the City Commission however, finds that nonconforming signs are not favored
by law and shall, within a reasonable time proscribed herein, be amortized, removed, and replaced
with a new sign conforming to existing city codes,
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS
HEREBY ORDAINS, AS FOLLOWS:
Section 1. Winter Springs Code Section 20-454 and 20-466 are hereby amended as follows:
(underlined type indicates additions and strilceol:lt type indicates deletions, while asterisks (* * *)
indicate a deletion from the Ordinance of text existing in Section 20-454 and Section 20-466. It is
' intended that the text in Section 454 and Section 20-466 denoted by the asterisks and set forth in this
Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance).
Section 20-454 Signs.
* * *
(r) Nonconforming Signs.
(I) Any sign, other than billboards, AllVfftg--atreRgfftal--oost-fn excess of OAe-flltfl€!f=ed
E$+GG}6e\.laP.Hlfl4 which is nonconforming as to permitteEi-sign-area or any other reason
whieA-wel:tle-Aeeessitate-tA~Iet:e-r-emeval-eH-effiH:ef}\.aeemeAt of the sign, shall be
amortized and may be maintained until November t 4. 2002 .Cl-j}ef~ed of from-efle(l) to
City of Willler Sprillgs Ordillallee No, :W()(I.17
Page I 01"4
. ,
2
t+ve-(~eaFs fr-elfl--t:Ae effect+ve-eate--ef these destgH-SHlOOar-as. =f-!:le tcrm of ycars to be
aet:ef-tH~flea-e Y-l'he-eesH7f-tfle-sigtt-er--ef..reAevatit:H+,-tAelt:HHAg-imtallati 0 n, shall be-as
feHews-c i
OFiginul Sign cost or
ReAevatien-Gest
Pcrmittcd Years from
Effcctive Date of Design Standards
$G-$3,000
~Ol $10,000
Over $10,000
2
3
5
(2) Any owneF of a sign who desircs to rely upon an amortization period longer than
thrce(J) years shall file with the City within onc (I) year from the. effcoti'le date of
these design sHlfldards, a statcment setting forth the cost and date of the most rcccnt
FefleVation, and a written agrccmcnt to remoyc or bring into conformance the
nonconforming sign at or prior to thc expiration of thc amortiz.a.tion period applioable
te-tfiut sign. The maximum period to amortize a sign shall be five (5) years.
At or prior to November 14. 2002. all nonconforming signs shall be removed and
may be replaced with signs that conform to. the design standards set forth in the S.R.
434 New Development regulations.
(3) Violations shall be subject to Chapter 2, Article 3. Division 2 Code Enforcement,
City of Winter Springs Code of Ordinances.
Section 20-466 Signs
* * *
( r) Nonconforming Signs.
( 1 ) Any sign, other than billboards, having an original cost in excess of onc hundrcd
E$-WO) dollars and which is nonconfonning as topcrmittcd sign area or any other reason
which wOl:H6-Rccessitatc the completc removal or rcplaoement of the sign, shall be
amortized and may be maintained until November 14. 2002. a pcriod offrom one (1) to
five (5) ycurs from thc effeotive date of these design stundaros. The tcrm of years to bc
aeterminea-by-tfic cost of the-sign or of renovatiefl;-ffielliding installatien oost, shall be
as-renews:-
City or Wi liter Sprillgs Ordillallee No, 2(J()(I.17
l'lIge 2 or 4
-..
_l
Original Sign cost-er
Rcnovation Cost
Permiued Yeurs from
Ef-feet+ve-f)ate of Design Standards
$G-to $3,000
$3,001 to $10,OGO
Ovcr $10, 000
2
3
5
...:,
(2) Any owner of a sign 'yvho desires to relay upon an amortimtion period longer than
three (3) years shall file with the City within one (I) year from the effeotive .~ate of these
dcsign standards, a statement setting forth the cost and date of the most recent
feRovation, and a written. agreement to remove or bring intooonformanoe the
OOflOOtlfeFming sign at or prior to the expiration of the amortization period applicable to
!flat sign. The maximum period to amortize a sign shall be the (5) yeaFS:- .
At or prior to November 14.2002. all nonconforming signs shall be removed and
may be replaced with signs that conform to the design standards set forth in the S.R.
434 Redevelopment regulations.
(3) Violations shall be subject to Chapter 2. Article 3. Division 2. Code Enforcement,
City of Winter Springs Code of Ordinances.
Section 2. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent.
ordinances and resolutions adopted by. the City Commission, or parts of ordinances and resolutions
in conflict herewith, are hereby repealed to the extent of the conflict.
Section 3. Incorporation Into Code. This ordinance shall be incorporated into the Winter
Springs City,Code and any section or paragraph number or letter and any heading may be changed
or modified as necessary to effectuate the foregoing.
Section 4. Severability. Ifany section, subsection, sentence, clause, phrase, word or provision
of this ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, whether for substantive, procedural; or any other reason, such portion shall be deemed
a separate, distinct and independent provision, and such holding shall not affect the validity of the
remaining portions of this ordinance.
Section 5. Effective Date. This Ordinance shall become effective immediately upon adoption
by the City Commission of the City of Winter Springs, Florida.
City ofWin(er Springs Ordinance No, :W(}()-17
!'agc J of 4
. I
4
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the ~ day of June QJ[Jo<
Paul P. Partyka, Mayor
ATTEST:
APPROVED AS TO LEGAL FORM AND SUFFICIENCY
FOR Y OF ~INTER SPRINGS ONLY:
/1/' t>
Anthony A. Garganese, City Attorney
First Reading:
Second Reading:
Effective Date:
City or Winler Springs Ordinllnce No. 2000-17
1'lIge 4 or 4
F'OR:
N~<J ATTACHMENT B
rJ /;/. Ce,,,eo
BOARD OF ADJUSTMENT APPLICATIOrF\E n It\t\3
CITY OF' WINTER SPRINGS oel 0 ~
1126 EAST STATE ROAD 4034 lERSPRINGS
WINTER'SPRINGS, FL .32708':'2799 C\1Y~~;;t~_Dagmaoe
(407)327-1800 P
-=- / j bod tFU (,
.,;""....,'1t ~
r
"
SPECIAL EXCEPTION
VARIANCE
'CONDITIONAL USE
ADMINISTRATIVE DECISION
'1.
.ADDRESS:
~c27_ 0 7#
r:'Z...-V''')''? P..... ~
'3,
ATTACH A COpy OF THE PARCEL SURVEY,
ATTACH AN 11 x 17 MAP SHOWING THE SUBJECT PROPERTY AND
SURROUNDING PARCELS.
ATTACH LEGAL'DESCRIPTION.
TAX PARCEL IDENTIFICATION NUMBER:;5 y..-z.~- ~'D:-" ..5/0 - 2{,oo.
-4.
.......5.
---- 6.
-- 7. LOCATION .OF PARCEL (Street Address. and/orNearest Cross
Streets): '+3 Cj..t- 73urYJ~y A-uE- . ,7
',-.} 8. PRESENT ZONING: C-I
FUTURE .LAND USE: COm~'if1CIIJ(;.
By S i 9 n i n 9 below' I un d e r s tan d t hat City 0 f Hi n t e r S p ri n 9 s 0 ff i cia I s
may ~nter upon my property to inspecf that portion, as relates to
this application;
(I f the appl icant is not the ,owner of the subject property, the
applicant must' attach a letter of authorization signed by the
owner) .
PERSONS ARE ADVISED THAT , IF THEY DECIDE TO APPEAL l,NY" bECI SIGNS
HADE AT THESE }fEETINCS'/HEARINGS, THEY WILL .NEED A. RECORD OF' THE
PROCEEDINGS AND FOR SUCH'PURPOSE, THEY WILL NEED TO INSURE THAT A
VERBATIHRECORD OF THE PROCEEDINGS IS MADE,AT'THEIR 'COST, WHICH:
INCLUDES THE TESTIHONY AND~EVIDENCE UPON WHICH THE APPEAL IS TO BE ~'~
BASED, PER SECTION 286.0105" FLORIDA STATUTES
SECTION 20-84 - APPEALS FROM DECI~IONS OF THE BOARD OF' ADJUSTMENT
(1) Any pet"son, Ot" pet"sons, jointly Ot" sevet"ally a.gg.rieved by
any decision of the Boat"d of Adjustment may, within thirty (30)
days aftet" the filing of any decision in the office of the Board of
Adjustment, but not thereaftet", apply to. the City Council, for
administt"ative relief. After a heat"ing,befot"e the City Council an
aggt"ieved party may, within thit"ty (30) days after the decision of
the City. Council, file an appeal with a court of competent
jurisdic~ion over the SUbject matter,
I...or,....
<.c-
..,
APPLICATION INSTRUCTIONS
A Staff: Report will be developed for: each Application, The
Applicant should be ptepared to address each of the issues provided
below for Variance requests.
the,Board of Adjustment must ~ake the
exist which are
s "invol ved and
structures or
stances do not result
the
be
7. T e
policies
$
THE APP~ICANT IS RESPONSIBLE FOR PROVIDING THE CITY WITH, THE NAMES
AND .ADPRESSES OF EACH PRQPERTY OWNER 'IoIITHIN '150 FT. OF EACH
PROPERTY LINE BY THE SCHEDULED TIHE.
THE APPtICANT IS RESPONSIBLE TO POST THE BLUE NOTICE CARD ON THE I
SITE AT LEAST SEVEN DAYS PRIOR TO THE BOARD OF:ADJUSTMENT HEETING,,'~~
AT IoIHICH THE. MATTER WILL BE CONSIDERED: SAID NOTICE SHALL NOT BE .'
POSTED WITHIN THE CITY RIGHTS-OF~IoIAY.
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IESCRIPTlOO; Lot "AU & East 1/2. bf Lot ".111. and all of Lot fiE", Block "26" A subdivisi1Jn of
Lot 6, 810ck "18", and. Lot 8 8locK "19";' NOR1Jl ORLANro: 'Lot 10, Block '''24, Lot 11lllock ."25"
and Lot 13 Block "2611 of NORIl-l ORLANIXJ lSf ADDITlOO', Seminole County, Florida>> as reco~c1
in Plat Book 12, Page 86, Pli>lic Records of Seminole County,>> Florida, mo~particu1ilTly
described as follows: Lots 1. 2 & the SoUlJl 40.0(). feet of Lot,. 3'; Block u27", OORI'H 0RLANt0
8IH ADDITl<J\l, as recorded in Plat lIoolc 14, Page 9, PlDlic Feconls of Seminole County, ,Florida.
AAD . . .. , . . _
The North 35.00 feet of Lot 3. Block "27", OORIH ORLANm am ADDlTICN. as recorded in Plat:
Book 14. Page 9>> Public Records of Seminole Com.ty, Florida" and'subjec.t to easements arid,
restrictions of record.
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D.F. ILLUMINATED MONUMENT SIGN 5/8"=1'-0"
. ALUMINUM CONSTRUC1l0N...2' ALUM. ANGLE FRAME....09O" ROUTED ALUM FACES...063' FILLER
,- . INTERNAL FLUORESCENT ILLUMINATION HIGH OUTPUT lAMPS AND BALlAST
. PRECISION ROUTED ALUM. FACES Wills' GREEN (2030) ACRYlIC BACK-UP
. MAIN CABINET TO BE FAUX STUCCO PAINTED TO MATCH SW-2425 ' .
. DECORATIVE SIjROUD AND BASE COVER FAUX STUCCO PAINTED TO MATCH PORTER PAINTS 7044-4
. ENGINEERED SUPPORT STEEL AND FOUNDATION
. UL USTING AND DISCONNECT SWITCH
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re Foot Calculations
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