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HomeMy WebLinkAbout2005 05 05 Consent 200 CITY OF WINTER SPRINGS, FLORIDA MINUTES BOARD OF ADJUSTMENT REGULAR MEETING MAY 5, 2005 CALL TO ORDER The Board of Adjustment Regular Meeting of Thursday, May 5, 2005 was called to order at 7:02 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 Linda Collins, present Board Member Kathryn Fairchild, present Board Member Howard Casman, present Board Member Kathryn Fairchild led the Pledge of Allegiance. Chairman Waters acknowledged former Mayor Paul Partyka who was in attendance. PUBLIC INPUT None. CONSENT AGENDA CONSENT 200. Office Of The City Clerk Approval Of The April 7, 2005 Regular Meeting Minutes. th Chairman Waters said, “Under the Consent Agenda, approval of the April 7 [2005] Regular Meeting Minutes - any comments on those? Motion to approve?” “I MAKE A MOTION TO APPROVE.” MOTION BY VICE CHAIRMAN TAYLOR. SECONDED BY BOARD MEMBER CASMAN. DISCUSSION. VOTE: CITY OF WINTER SPRINGS, FLORIDA MINUTES BOARD OF ADJUSTMENT REGULAR MEETING – MAY 5, 2005 PAGE 2 OF 9 BOARD MEMBER CASMAN: AYE CHAIRMAN WATERS: AYE BOARD MEMBER FAIRCHILD: AYE BOARD MEMBER COLLINS: AYE VICE CHAIRMAN TAYLOR: AYE MOTION CARRIED. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 400.Community Development Department Presents To The Board Of Adjustment A Request For A Conditional Use To Allow A Major Automotive Service And Repair Shop Including Body Repairs And Painting In The I-1 (Light Industrial) Zoning District, Pursuant To Section 20-261. Of The Zoning Chapter Of The City Code Of Ordinances (As Amended). Please Note That Ordinance 2005-13 Amending The Text Of Section 20-261. Of The Code Must Be Approved Prior To Final Action By The City Commission On This Conditional Use Request. Mr. Randy Stevenson, AICP, Director, Community Development Department presented this Agenda Item. Mr. Stevenson said, “Currently, the I-1 Zoning District does not allow this ‘Use’ as a ‘Conditional Use’, however, concurrent with this request, City Commission is considering a Text Amendment to allow this ‘Use’ as a ‘Conditional Use’ in the I-1 Zoning District – this Approval is going to be based upon and contingent upon the Code being amended prior to final action by the City Commission on this Item.” Furthermore, Mr. Stevenson added, “Staff finds, at this point, that this type of ‘Use’ in this Zoning District and at this location is consistent with the general zoning and also with the public interest.” Mr. Stevenson said, “Staff recommends that the Board of Adjustment recommend approval for the ‘Conditional Use’ to allow the Major Automotive Service and Repair Shop including Body Work and Painting in the Light Industrial District.” Discussion. Regarding Criteria, Mr. Stevenson stated, “Section 20-33. of the Code; it does have all ‘Conditional Use’ recommendations and final decisions shall be based upon the following applicable Criteria and – there are – seven (7) Criteria. Those have been considered in our recommendation to you tonight.” Mr. Robert Safker, 3441 State Road 419, Winter Springs, Florida: as the owner of the business, Mr. Safker presented a PowerPoint presentation. Mr. Safker said, “We’ve done CITY OF WINTER SPRINGS, FLORIDA MINUTES BOARD OF ADJUSTMENT REGULAR MEETING – MAY 5, 2005 PAGE 3 OF 9 a lot of cleanup; we intend to do a lot more. I am working in conjunction with Mr. Owen [Roger Owen Realty, Incorporated, 100 State Road 419, Suite 210 Winter Springs, Florida], the landlord and we are jointly improving the building from the status that it was from the prior tenant.” Mr. Safker added, “The actual cars that are being worked on, will be worked on in the steel structure that’s in the back.” Mr. Safker then added, “It is our intention to use the same sign – and the sign that we have designed fits into – similar in size and design and color.” Mr. Safker said, “We have worked out with the City Commission that in order to receive approval, everywhere here where you see chain linked fence both from the gate ' all the way down – side of the property, is going to be replaced with a six foot (6) solid stockade wood fence. None of that area will be visible from the street and any vehicles that are parked in that storage area will not be visible from the street side of that fence.” With discussion on Environmental issues pursuant to Federal and State Environmental protection laws, Mr. Safker stated, “We are totally compliant on all aspects.” Mr. Safker added, “Should the Application be approved, you have my word – that is good as any Contract. I will be a benefit to the City of Winter Springs. I will run an upstanding business. I will serve the citizens well. I will run a high ethical business and I respectfully ask your permission to approve the Application.” Discussion. “I MAKE A MOTION TO APPROVE THE REQUEST FOR THE CONDITIONAL USE PERMIT FOR WINTER SPRINGS COLLISON REPAIR, INC. [INCORPORATED]. THIS APPROVAL IS CONTINGENT ON SECTION 20-261. OF THE CITY CODE BEING AMENDED TO ALLOW FOR AN AUTOMOTIVE MAJOR SERVICE AND MAJOR REPAIR ESTABLISHMENT TO BE LOCATED ON THIS PROPERTY.” MOTION BY VICE CHAIRMAN TAYLOR. SECONDED BY BOARD MEMBER FAIRCHILD. DISCUSSION. IN CLARIFYING THE MOTION, MR. STEVENSON ASKED, “DOES THAT ALSO INCLUDE THE CAVEAT INCLUDING PAINT AND BODY WORK?” VICE CHAIRMAN TAYLOR SAID, “YES.THE ANSWER IS ‘YES’. I ASSUME THAT WAS INCLUDED IN THE…”BOARD MEMBER FAIRCHILD SAID, “…THE TEXT…” MR. STEVENSON SAID, “…IT MAY HAVE BEEN. IT IS IN THE TEXT. I JUST DIDN’T HEAR IT…” VICE CHAIRMAN TAYLOR SAID, “…BECAUSE IT WAS IN PARENTHESIS HERE THAT’S WHY I DID NOT MENTION IT…” MR. STEVENSON SAID, “…RIGHT. PARENTHESIS IS JUST PART OF THE TEXT, I JUST DIDN’T HEAR THAT…” VICE CHAIRMAN TAYLOR SAID, “…BUT, YES, IT DOES…” MR. STEVENSON SAID, “…I APOLOGIZE…” VICE CHAIRMAN TAYLOR SAID, “…THE ANWER IS ‘YES’.” CITY OF WINTER SPRINGS, FLORIDA MINUTES BOARD OF ADJUSTMENT REGULAR MEETING – MAY 5, 2005 PAGE 4 OF 9 VOTE: BOARD MEMBER COLLINS: AYE VICE CHAIRMAN TAYLOR: AYE CHAIRMAN WATERS: AYE BOARD MEMBER FAIRCHILD: AYE BOARD MEMBER CASMAN: AYE MOTION CARRIED. Chairman Waters said, “I’m sure you are aware you have to go to the City Commission with this – have they been to P&Z [Planning And Zoning Board/Local Planning Agency] on this?” Mr. Stevenson said, “They’ve been to P&Z [Planning And Zoning Board/Local Planning Agency] on the Text Amendment.” PUBLIC HEARINGS 401. Community Development Department – Planning Division Requests The Board Of Adjustment Consider A Waiver Request By J. K. Parmar From Section 20-486. (1) (b) To The Ground Mounted Multi-Tenant Or Project Identification Sign For The Starbright Cleaners, At 1301 West SR (State Road) 434, In The SR (State Road) 434 Redevelopment Overlay Zoning District. Mr. John Baker, AICP, Senior Planner, Community Development Department introduced this Agenda Item and displayed photographs of the property. Mr. Baker said, “This is where a sign had previously been. I’ve confirmed this with Captain Tolleson [Glenn Tolleson] of the Police Department – he said, yes indeed there was a sign there, and the Applicant would like to put a new sign in that location.” Mr. Baker added, “I brought this to our Staff Review and I had some concerns about putting a monument sign in this area with that road – even though it is a private road, and the Police Department also expressed concerns with the safety for people being able to see beyond the sign. The Applicant is proposing a much smaller sign than the maximum allowed in this area. He is proposing twenty-four (24) square feet as opposed to the thirty-two (32) [square feet] that is the maximum allowed.” Tape 1/Side B Finally, Mr. Baker added, “We do believe as Staff that there is a better location for this sign. I think it would require perhaps a more aggressive role from the landlord to deal with the other proprietor. We also believe that where the Applicant wants to put the sign does constitute a safety issue. So, therefore, in looking at the ‘Waiver’ Criteria, we believe that we have a problem with number three (3) the Public Safety and number five (5), the minimum that would make the Request work because we do believe that by moving it to the other side of the Site, ' you can - have a sign there ten feet (10) from both the front and side property lines.” Mr. CITY OF WINTER SPRINGS, FLORIDA MINUTES BOARD OF ADJUSTMENT REGULAR MEETING – MAY 5, 2005 PAGE 5 OF 9 Baker added, “We don’t believe it meets the ‘Waiver’ Criteria, three (3) and five (5) set forth in Section 20-34. [d].” Discussion. Mr. J. K. Parmar, 1301 West Highway [State Road] 434, Winter Springs, Florida: spoke about the concerns of the road work and his request for a ‘Waiver’. Mr. Parmar displayed pictures of the Site. Discussion ensued. Board Member Fairchild asked, “Do we have a traffic study?” Mr. Baker responded, “I raised it at our Staff Review on Tuesday, and the Police felt that the proposed sign at that location would be a problem, people not being able to see the oncoming traffic.” ' Mr. Baker said, “To have a sign located ten feet (10) from both the front and side would require them to take out one (1) of the parking spaces. Mr. Baker added, “We at Staff felt that the West Side was the better of the two options.” Discussion. '' In addressing the Applicant as to placing the sign back four feet (4) plus two feet (2), Vice Chairman Jack Taylor said, “Would you be willing to compromise?” Mr. Parmar ' said, “I don’t mind going four feet (4) – if moved back – more problem because it’s going to be closer to the driveway.” Mr. Dan Daly, 1732 Sparkling Water Circle, Ocoee, Florida: represents Dynamic Aspects Sign, Incorporated, 1940 Dolgner Place, Sanford, Florida and spoke about the Applicant’s sign. Mr. Daly said, “We have a written agreement with [Mr.] Peter Dang Phuc,the owner, stating that only the Starbright Cleaners will be on that sign because he’s incurring all the cost.” Further discussion ensued. Ms. Carmen Mora, 744 Suncrest Loop #204, Casselberry, Florida: the proprietor of the adjacent business, Ms. Mora spoke about the signage and is opposed to this ‘Waiver’ Request.” Tape 2/Side A Discussion. Mr. Hidalgo Rafhael, 1303 State Road 434, Winter Springs, Florida: also a proprietor of the adjacent business and is opposed to the ‘Waiver’ Request. CITY OF WINTER SPRINGS, FLORIDA MINUTES BOARD OF ADJUSTMENT REGULAR MEETING – MAY 5, 2005 PAGE 6 OF 9 Mr. Baker said, “If you all would like to pursue the idea of a shorter sign moved farther back, I can pursue that with the Police Department too and we can actually check out various heights to see if one of those would at least satisfy the safety concern.” Vice Chairman Taylor said, “My recommendation is that you go back and talk together about it; see if you can make the sign smaller. The Staff will go back and talk to the City when they find out what you have agreed to. And my recommendation is still to make ''' the sign four foot (4) off the six foot (6). Take two foot (2) off the top of the sign.” ' Vice Chairman Taylor added, “Move it back at least two feet (2), agree to what you want to put on the sign and come back to us.” Board Member Fairchild said, “I am going to disagree with that and just because of legality issues.” Board Member Fairchild added, “We are here to hear a ‘Waiver’ Request and I think we should do so.” Discussion. Board Member Howard Casman said, “I tend to agree with Kathryn [Board Member Fairchild] that we should take the issue at hand and look at the – compromise and just Vote on the ‘Waiver’ and not worry about the parties.” Board Member Fairchild said, “I wish that we had had some type of a Report from them [Police Department].” Board Member Casman asked, “Is there a possibility we can get some kind of information from the Police [Department] – concerned about the safety - to see if moving ' back and keeping it six feet (6) is sufficient to alleviate any safety problems?” Mr. Baker said, “I can certainly inquire.” Board Member Fairchild asked, “Would it be possible to make a Motion subject to the final recommendation of the Winter Springs City Police?” Mr. Baker said, “I believe you could.” Board Member Fairchild said, “Okay.” Chairman Waters said, “I would like to hear the recommendation of the Winter Springs City Police before making a Motion.” Mr. Baker said, “If you wanted to defer this, I can request that he [Captain Glenn Tolleson] even be here.” Chairman Waters said, “I would rather defer this to our next Meeting and request a Representative from the Police Department be here.” Discussion ensued. Chairman Waters said, “Can he [Captain Tolleson] also give us an update as to - are there other Violators out there? Are they in Code Enforcement proceedings at this point?” Mr. Baker said, “I will check it out.” “I’D LIKE TO MAKE A MOTION WE DEFER THIS TO THE NEXT MEETING. WE GIVE THE APPLICANT A CHANCE TO REVIEW WHAT HE IS ASKING FOR AND GIVE THE APPLICANT A CHANCE TO TALK TO THE CITY OF WINTER SPRINGS, FLORIDA MINUTES BOARD OF ADJUSTMENT REGULAR MEETING – MAY 5, 2005 PAGE 7 OF 9 GENTLEMAN WHO LIVES NEXT DOOR MAYBE AND TALK TO THE LANDLORD - IN THIS TIME PERIOD WE WLL GIVE YOU, MR. BAKER, TIME TO TALK TO THE SUBJECT POLICE OFFICER AND COME BACK TO US WITH YOUR RECOMMENDATIONS AND THE APPLICANT CAN COME BACK AGAIN, AND PRESENT IT BEFORE THE BOARD.” MOTION BY VICE CHAIRMAN TAYLOR. SECONDED BY BOARD MEMBER CASMAN. DISCUSSION. BOARD MEMBER FAIRCHILD ASKED, “IS IT POSSIBLE THAT WE CAN HAVE A BRIEF SPECIAL MEETING?” CHAIRMAN WATERS SAID, “I WOULD LIKE TO HAVE CAPTAIN TOLLESON ATTEND THE MEETING.” DISCUSSION. THTH MR. BAKER SAID, “IT LOOKS LIKE MAYBE THE 16 [MAY] OR THE 19 [MAY] WOULD BE POSSIBLE MEETING DATES. WE’D HAVE TO CHECK TO MAKE SURE THAT EVERYBODY IS CLEAR AND AVAILABLE.” BOARD TH MEMBER CASMAN SAID, “THE 16 [MAY] IS THE ONLY DAY I’D BE AVAILABLE.” DISCUSSION. CHAIRMAN WATERS SAID, “AS FAR AS I KNOW, I’M ‘OKAY’.” DISCUSSION. VOTE: VICE CHAIRMAN TAYLOR: NAY BOARD MEMBER COLLINS: NAY BOARD MEMBER CASMAN: NAY BOARD MEMBER FAIRCHILD: NAY CHAIRMAN WATERS: AYE MOTION DID NOT CARRY. “I WOULD LIKE TO MAKE A MOTION TO DEFER THIS ITEM NUMBER 401 TH TO HOPEFULLY HAVE A SPECIAL MEETING ON THE 16 OF MAY AT 7:00 [P.M.] IN CHAMBERS REQUESTING THE PRESENCE OF OFFICER [CAPTAIN] TOLLESON WITH THE WINTER SPRINGS POLICE DEPARTMENT. CITY OF WINTER SPRINGS, FLORIDA MINUTES BOARD OF ADJUSTMENT REGULAR MEETING – MAY 5, 2005 PAGE 8 OF 9 MR. BAKER ASKED, “COULD WE PUT SOME ALTERNATIVE DATES IN TH THERE, JUST IN CASE, MAYBE THE 19 [MAY] AND THEN THE NEXT REGULARLY SCHEDULED MEETING, THAT WAY WE DON’T HAVE TO SEND OUT ADDITIONAL LETTERS.” CHAIRMAN WATERS ASKED, “IS THAT OKAY?” MR. BAKER SAID, “WOULD THAT BE ACCEPTABLE?…” BOARD MEMBER FAIRCHILD SAID, “…YES…” CHAIRMAN WATERS THTH SAID, “…FIRST CHOICE IS 16, SECOND CHOICE, THE 19, AND IF THOSE ARE NOT AVAILABLE THEN WE WOULD HAVE TO REFER OVER TO THE REGULAR MEETING.” BOARD MEMBER FAIRCHILD SAID, “THEN WE WOULD HAVE TO GO TO THE – REGULARLY SCHEDULED MEETING.” TH “I WOULD LIKE TO ADD A SECOND POSSIBLE DATE OF MAY THE 19 TH [2005] IF IN FACT THE 16 [MAY] IS NOT AVAILABLE. AND LASTLY, THE FINAL DATE OF DEFERMENT WOULD BE OUR REGULARLY SCHEDULED ND MEETING FOR JUNE THE 2 [2005].” MOTION BY BOARD MEMBER FAIRCHILD. SECONDED BY VICE CHAIRMAN TAYLOR. DISCUSSION. VICE CHAIRMAN TAYLOR SPOKE FOR THE ‘RECORD’ ON EMAIL NOTIFICATION TO THE BOARD MEMBERS. CHAIRMAN WATERS ADDED, “CAN YOU EMAIL CERTAIN MEMBERS AND HARD COPY OTHER MEMBERS?” MS. JOAN BROWN, DEPUTY CITY CLERK SAID, “YES.” CHAIRMAN WATERS SAID, “BUT YOU JUST DON’T DO BOTH FOR EVERYBODY?” DEPUTY CITY CLERK BROWN SAID, “I CAN DO WHATEVER YOU REQUEST.” VICE CHAIRMAN TAYLOR SAID, “LET’S DO BOTH AND THEN NOBODY WILL BE SLIGHTED. ALL I’M ASKING IS FOR THE REQUEST – YOU DON’T HAVE TO SEND ME THE - ITEMS JUST SEND ME THE REQUEST, SO I CAN SCHEDULE.” MS. BROWN SAID, “THAT WILL BE FINE.” VICE CHAIRMAN TAYLOR THEN ADDED, “SO, WHY DON’T WE SEND THE REQUEST OUT BY EMAIL AND THEN THE NORMAL MAILING AS WE DO.” CITY OF WINTER SPRINGS, FLORIDA MINUTES BOARD OF ADJUSTMENT REGULAR MEETING – MAY 5, 2005 PAGE 9 OF 9 VOTE: BOARD MEMBER COLLINS: AYE BOARD MEMBER CASMAN: AYE CHAIRMAN WATERS: AYE VICE CHAIRMAN TAYLOR: AYE BOARD MEMBER FAIRCHILD: AYE MOTION CARRIED. REPORTS 600. No Reports. FUTURE AGENDA ITEMS None. ADJOURNMENT “I MAKE A MOTION TO ADJOURN.” MOTION BY BOARD MEMBER FAIRCHILD. SECONDED BY VICE CHAIRMAN TAYLOR. DISCUSSION. WITH CONSENSUS OF THE BOARD THE MOTION WAS APPROVED. MOTION CARRIED. Chairman Waters adjourned the Meeting at approximately 9:19 p.m. RESPECTFULLY SUBMITTED BY: _______________________________________ JOAN L. BROWN DEPUTY CITY CLERK APPROVED: ____________________________________ THOMAS WATERS, CHAIRMAN BOARD OF ADJUSTMENT NOTE: These Minutes were approved at the June 2, 2005 Board of Adjustment Regular Meeting.