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Home My WebLink About2006 04 06 Public Hearing 200 Winter Springs Centre BOARD OF ADJUSTMENT AGENDA ITEM 200 CONSENT INFORMATIONAL PUBLIC HEARING X REGULAR April 6, 2006- Meeting MGR. IDEPT Authorization REQUEST: The Community Development Department requests the Board of Adjustment hear a request for a variance by the Winter Springs Centre to allow construction of their dumpster pad enclosures within the rear yard building setback. PURPOSE: The purpose of this agenda item is to consider a request to construct 2 dumpster pad enclosures within 4" of the masonry wall at the rear of the site (a little more than one foot from the property line) in lieu of the 15' rear building setback set forth in Section 20-237 for the C-l zoning district or the 10' rear building setback set forth in Section 20-482 for the SR 434 Redevelopment Overlay Zoning District. Subsection 20-489 (g) requires "trash receptacles shall be encased in a structure that is architecturally compatible and consistent with the adjacent building and other site details and must meet building setbacks." The applicant states that the constraints of the existing site make the proposed locations the best logical places to locate the dumpster enclosures. APPLICABLE CODE: Chapter 9. Article IV. Required Improvements. Division 7. Dumpsters. Sec. 20-82. Duties and powers; general. Sec. 20-103. Restrictions upon lands, buildings and structures. Sec. 20-237. Bulk Regulations. Sec. 20-482. Setbacks. Sec. 20-489. Building and screening design guidelines. CHRONOLOGY: February 17, 2006 - Variance application was received by City. CONSIDERATIONS: The Winter Springs Centre is an established strip shopping center, located on the north side ofSR 434, between N. Moss Road and Fairfax Avenue. The site April 6, 2006 Regular Item 200 Page 2 abuts multi-family development to the north; the Nations Bank to the east, across N. Moss Road; a veterinarian, personal storage facility, food market, appliance repair shop, and small office complex on the south side of SR 434; and a barber shop to the west. The site has a Commercial Future Land Use designation and C-l neighborhood commercial zoning. It is also located within the SR 434 Redevelopment Overlay Zoning District. The City's dumpster enclosure regulations, requiring dumpsters to be screened with a wall and gate, were adopted long after the shopping center was built and in business. The applicant's proposed dumpster pad enclosures appear to be the best locations, given the existing site layout. Staff does not recommend locating the dumpsters adjacent to the buildings, due to the fire danger. Police and Fire believe there will be adequate room to provide their respective protections behind the building with the dumpster pad enclosures in the proposed locations. As noted above, Subsection 20-489(g) requires dumpster pad enclosures to meet building setback requirements. Subsection 20-482 (d) states "The board of adjustment will consider any request for the placement of such other improvements within a setback, only after a design review board review and recommendation. In determining whether to recommend city consent, the design review committee may consider, without limiting the scope of their review, the following: (i) the extent to which any hardship exists that would justify a variance from the normal setback requirements; (ii) the aesthetics of the proposed improvements and their visibility from common roads and adjacent properties; (Hi) the consent or objections of adjacent property owners; and (iv) the nature and use of the proposed improvements. It is the owner's burden and responsibility to provide such information and documentation as may be requested by the design review board in order to justify to the design review board that the intrusion of additional improvements within the normal setbacks is beneficial to the corridor and will not adversely affect adjacent property owners." FINDINGS: 1) A variance requires compliance with all six (6) criteria outlined in Code Section 20-82 (staff believes that the request meets all of the 6 criteria): a) that special conditions and circumstances exist which are peculiar to the land, structures or buildings involved and which are not applicable to other lands, structures or buildings in the same zoning district; Staff believes that there are special conditions and circumstances, in that, subject to demolishing existing buildings on the site, there appears to be no other places for these dumpster pad enclosures. b) that special conditions and circumstances do not result from the actions of the applicant; Staff believes that special conditions and circumstances exist in that (1) the shopping center was in place long before the subject April 6, 2006 Regular Item 200 Page 3 regulations and (2) the layout of the existing shopping center does not afford a better place to construct the dumpster pad enclosures. c) 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; Staff believes that granting the variance would not confer special privileges upon the applicant, because they have adequately demonstrated their special conditions and circumstances. d) 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; Staff believes that a literal interpretation of the provisions of this chapter would possibly deny the applicants of certain rights and would impose an unnecessary hardship. e) that the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure.; and Staff believes that this is the minimum variance to make possible the reasonable use of the land, building or structure. f) 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. Staff believes that to grant the variance would be consistent with the intent and purpose of the code. 2) Pursuant to Subsection 20-482, the Board of Adjustment must consider the request after the staff review and recommendation. The following were considered by staff, as prescribed by Code: a) the extent to which any hardship exists that would justify a variance from the normal setback requirements; Staff believes there is a hardship, not resulting from any action of the applicant, justifying the requested variance from the normal setback requirements. b) the aesthetics of the proposed improvements and their visibility from common roads and adjacent properties; April 6, 2006 Regular Item 200 Page 4 Staff believes the proposed locations are the best compromise to provide access and still shield the visibility from common streets and adjacent properties. The structures must undergo an aesthetic review before a building permit may be issued, pursuant to Section 9-606 of the City Code. c) the consent or objections of adjacent property owners; and Staffhas posted the site and has sent written notification to all property owners within 150' ofthe site (applicant provided abutters list). d) the nature and use of the proposed improvements. Staff believes that these locations are the best places on the site to locate the required dumpster pad enclosures (to locate them adj acent to the building would constitute a potential fire and/or health hazard). RECOMMENDATION: Staff recommends that the BOA recommend the request be approved. ATTACHMENTS: A - Location Map B - Variance application and supporting documentation BOA ACTION: H G F 50 40 41 """ 31 - ~ 30 ~ "C:l G) ::s "13 g u .. ~<') <'l ~ 88-~ "0 G) ::s .13 i=l o U B 3~1 \ ._- -t -- ~ --"- i _..--t.~ -- --- A \ I 1 2 3 <fntinued Pg 24235 6 7 . 8 j: r-v: NOTES: Municipal Address Map Book ~......__.._~oo PRlNlED: REVISED: Apr 2005 1: 2 : 3 . City of Winter Springs, FLp::e 2414 Developed By: Southeastern Surveying & Mapping Corp. 200 , Feet CITY OF WINTER SPRINGS COMMUNITY DEVELOPMENT DEPARTMENT 1126 STATE ROAD 434 WINTER SPRINGS, FL 32708 407-327-5966 FAX:407-327-6695 BOARD OF ADJUSTMENT APPLICATION o CONDITIONAL USE / SPECIAL EXCEPTION q VARIANCE o WAIVER APPLICANT: MAILING ADDRESS: PHONE & EMAIL Winter Sprinqs Centre Last First Middle PO Box 160115 Altamonte Sprinqs, PI 32716.0115 C1tx State Zip Code 407.774.1874 bill@macawproperties.com PROPERTY OWNER: If Applicant does NOT own the property: MAILING ADDRESS: PHONE & EMAIL 5'EE- Last f}- f3 el/;'- r First Middle City State Zip Code PROPERTY ADDRESS: This request is for the real property described below: state Road 434 Be~ween Moss & Fairfax TAX PARCEL NUMBER: 34- 2 0 - 3 0 - 5 2 7 - 0 0 0 0:;;; 0 0 0 SIZE OF PARCEL: 344700 square feet of retail space Square Feet Acres EXISTING LAND USE: Strip center Current ZONING Classification: Current FUTURE LAND USE Classification: comrnericNI/rp.tNil Please state YOUR REQUEST: Variance to allow 2 dumpster P-oclo!'mrp.!,,: to butt aginist rear blook of center. ClT'{ ;)!<if~t~~' rZ;i;') March 2005 VARIANCE REQUEST Taken from Winter Springs Code of Ordinances, Section 20-32(d): Address each of the following conditions related to the variance request. Attach additional paper as necessary: o What is the Variance you are requesting? We are requestjng thi'lT flhE'> sE'tbacl< for thE'> E'>nrlo!":l1E'>r hE'> waived so it will not blockthe alley way. o What 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? The alley will be blcoked if the variance is not qranted. o Are these special conditions and circumstances the result of actions by the applicant? 'T'Ffis condition is rcqucotcd because the Citj1 ~~Ht thp. enclosuer. o How will a literal interpretation of the provisions of the zoning district deprive the applicant of rights commonly enjoyed by other properties in the same zoning district and work unnecessary and undue hardship on the applicant? none 5 March 2005 o Will granting the variance, confer any special privilege that is denied to other lands, buildings or structures in the same zoning district? no o Is the variance, as requested, the minimum variance that will make possible the reasonable use of the land, building or structure? yes o How is the variance in harmony with the general intent and purpose of the zoning district? unknown o Will granting the variance be injurious to the neighborhood or otherwise detrimental to the public welfare? no o Identify how the request is consistent with the objectives and policies of the Comprehensive Plan: It will allow the Centre to enclose the dumpsters 6 March 2005 ************************************************************************************** FOR USE WHEN APPLICANT IS OWNER OF THE SUBJECT REAL PROPERTY: This is to certify that I am the Owner in fee simple of subject lands described within this Application for Board of Adjustment consideration: Signature of Owner Sworn to and subscribed before me this day of 20_. Notary Public My Commission expires: Personally Known Produced Identification: (Type) Did take an Oath Did Not take and Oath ************************************************************************************** FOR USE WHEN APPLICANT IS NOT OWNER OF THE SUBJECT REAL PROPERTY: I, W/ III J'rL.. A-5 fJ fJltrffrlk v do hereby, with my notarized signature, allow fJ fLejJ E ArT t<, .l}-AAr~present me in this Application related to my property. The property is identified as: Tax Parcel Number(s) Located at /~ /'rIA PI\- y A.Jz Sworn to and subscribed before me this \ <0 day of f'tJctut,aIl'f 20~. ~SOnallY Known Produced ID: (Type) Did take an Oath Did Not take and Oath ~\t~ \ J~ Notary Public My Commission expires: /...tOt.( \ to ( ~~. /#''J~~'f1J;;:;-o RITA L ELLIS f*/1n.~.:*~ MY COMMISSION # DD 412131 '~~i~: EXPIRES: May 16, 2009 '~~Rf.l~\" . ~ B~~ ThI1J Notal)' Public Underwriters ************************************************************************************** 3 March 2005 Variance Request For Winter Springs Centre The Winter Springs Centre Owners Association is requesting a variance to allow the dumpster enclosures (2) at the rear of the Centre to be placed against the rear wall of the Centre. By allowing the enclosures against the wall this will keep the alley in the rear open which will continue to allow vendors to unload goods to the various stores in the Centre. Several members of the staff of the City have reviewed the variance and they said that it makes sense in view of the vendors needing to gets trucks behind the Centre. You will find enclosed a review of the single story 344,000 sq ft. retail center as it relates to the type of stores in the center, pictures ofthe center, alley and the existing dumpsters. We have also provided a list of the owners in the Centre and of the surrounding area as requested by your staff. - '. ^:;:,~t~~~~~~.idB ,-",,'-'>J.' ~ -",,',::'ir;>'.:' \ \ Winter Springs' most Professional Center elite . . .. . ..':' .' '.. . ". .' . ..... . . . ;. . _ . - . . . '. '. " . . _ '~. r' . '. ., . _ . '. . 4 .,.." . .' .. . . \ . ";<":t;};, 0:"00: ':~- ;~;.; ";",: ~ ^ ~~z.::; ~~' :~~~~~i~~?;:ii?;:;1-~~;~~;:~-:il1:Z:~~:.i::~:~'~L~;.~~~!{{r(sl;:~~r~2~.~~~~r~~;W1~~i;1&~0ftzr1~if:~:~~~:~I:'lsLL~~; :: _..: ,~.:: Owners within 150 ft of Winter Springs Centre Owners of Units in Winter Springs Centre attached: Owners of 151-187 Lori Anne Lane Joseph Deas PO Box 721179 Orlando, FL. 32872 Owners of 141-145 Lori Anne Lane Damaso & Carmen Rivera 1200 Nancy Ave. Altamonte Springs, FL. 32714 Owners of 111-115 Lori Anne Lane: Atlas Group LLC 23 Alafaya Woods Blvd. # 161 Oviedo, FL 32765 Owners of 131-135 Lori Anne Lane: Ronald & Charlotte Dickison 6771 Reefton Ave Cypress, Ca. 90630 Owners of 121-125 Lori Anne Lane Susan N. Rumpf PO Box 1296 Plymouth, Fl. 32768 Venteran Real Estate 1 N. Fairfax Winter Spring, Fl. 32708 Bank of America 110 W. SR 434 Winter Springs, FL. 32708 {)wner [)irecWo- wsc:: - Winte,. ~p,.inQ~ Cent,.e Unit# Code Owner Name Sta!~~ ___~ner ~Jl.~~~ wsc 116 bre Current 118 mc Current 120 jen Current 122 cipo Current 124 cot Current 126 0lea2 Current Winter Springs Centre Brewer, Timothy and Heidi 1708 Sultan Circle Chuluota, FI 32708 McLay, William E 118 W State Road 434 Winter Springs, FI 32708 Jenua, Hans & Rosemarie 1706 Littleton Ct. Winter Springs, F132708.6142 Cippola, Mario 1266 Chessington Circle Lake Mary, FL 32746 01ea1, Samuel & Luz clo Scott Jones 110 N Orlando Ave. Suite 12 Maitland, FI 32751 Olea, Samuel & Luz FI 128 Masincup, Bill mas Dba Kuts and Kurls Current 372 Twelve Oaks Drive Winter Springs, FI 32708 130 Woodson, Dennis woo 2923 Cove Trail Current Winter Park, FI 32789 132 Woodson, Dennis w01 2923 Cove Trail Current Winter Park, FI 32789 134 Woodson, Dennis w02 2923 Cove Trail Current Winter Park, FI 32789 136 Woodson, Dennis w03 2923 Cove Trail Current Winter Park, FI 138 Woodson, Dennis w04 138 W SR 434 Current Winter Springs, FI 32708 140 Edwards, Anthony & Pamela ed 100 Stone Gable Cir. Current Winter Springs, FI 32708 142 Seminole County Farm Bureal far 142 SR 434 Current Winter Springs, FI32719 144 Frias, Ruben & Zulema Unit# Code Owner Name __~!~tLJ~ __ ----------___QY.-'.'!~~~t~!~~~__m_________ _ fri Current 146 fri1 Current 148 fri2 Current 150 fri3 Current 152 fri4 Current 154 ngu Current 156 schu Current 158 lut Current 160 Luth Cu rre nt 162 jon Current 164 ser Current 166 sera Current 168 cusi Current 170 per Current 172 ole Current 56-31 East Hampton blvd Bayside, NY 11364-2050 Frias, Ruben & Zuiema 56-31 East Hampton Blvd. Bayside, NY 11364-2050 Frias, Ruben & Zuiema 56-31 East Hampton Blvd. Bayside, NY 11364 Frias, Ruben & Zuiema 56.31 East Hampton Blvd. Winter SPrings, FI 32708 Frias, Ruben & Zuiema 56.31 East Hampton Blvd. Bayside, NY 11364.2050 Nguyen, Chien 2332 S Tanner Road Orlando, FI 32820 Shuman, S. Barry/Matthew 105 Escondido Cir. Altamonte Springs, FI 32701.4587 Luthra, Rita Kumari 300 Magnolia Lake Drive Longwood, FI32779 Luthra, Rita Kumari 300 Magnolia Lake Dr Longwood, FI32779 Jones, J Scott & Bonnie 110 N. Orlando Ave. Suite 12 Maitland, FI 32751 Sera tech clo Option Care 485 Half Day Road Suite 300 Buffalo Grove, II 60089 Seratech clo Option Care 458 Half Day Rd. Suite 300 Buffalo Grive, II 60089 Cusi, Gustavo Ocean Pointe Distributors Corp 168 West SR 434 Winter Springs, FL 32708 Gary Perigo/Joe Bandur 2648 SR 434 Longwood,Fl32779 Olea, Samuel and Luz 172 & 174 W SR 434 Winter Springs, FI 32708 ()wner UirecwO' wsc - Winter SprinllS Centre T Unit# Code Status 174 olea Current 176 br Current 178 brou Current 180 ant Current Owner Name Owner Address Olea, Samuel & Luz cia Scott Jones 110 N. Orlando Ave. Suite 12 Maitland, FI 32751 Broumand International #2, Inc, Shawn 2701 Brea Blvd Fullerton, CA 92835 Broumand International #2", shawn 2701 Brea Blvd. Fullerton, Ca Antonov, Stoiman and Anna 7501 Pointview Cr Orlando, FI 32836 ()wne.- Ui.-ecw", ~C - Winter- Spr-infls Centr-e WINTER SPRINGS CENTRE The Centre is consists of 344700 sq. ft. of retail space all fronting W State Road 434 between Moss and Fairfax Ave. The Centre has 104 parking spaces with 59 spaces fronting 434 and the balance facing the retail spaces, which includes 7 handicap spaces. The retail spaces consist of the following: 3 restaurants 2 Hair Salons 2 Electronic Repair stores 2 Doctors Offices 1 Convenience store 1 Bar 1 Dry Cleaner 1 Wine Store 1 Brownie Store Several other retail stores and offices Layout at Rear of Center. MOSS ROAD SIDE From the rear of the Moss road side of the building there is 16.5 feet of paving from the comer of the building until the gravel area begins. This gravel area which is 11.5 feet wide is where the dumpster enclosure will be located. The rear of the block enclosure will butt up against the 56" high block wall at the rear boundary of the Centre. The comer of the building is 52 ft from the Moss Road right of way. FAIRFAX AVE SIDE There is no alley on this side of the Centre that will interfere with the new enclosure. The dumpster will be about 4 feet from the 6.2 ft block wall as shown on the enclosed plans. ::t,L~ 'r 0.:~~1 ~- ~; '::J: a 3~ TI Q) -- & '.,.'v ", ::::=- "-';".~.' ~ '... :::::a. ~ ~ t)-- .,. .~'cn' ..'~ r/ '~I . !f)~c . ~~-.--... ~l\ '~J' ....~". I"-.~')\ 1';1 " 1.\'1\ .., ~'< "c...~'~,s.. ,oJ ~ ,,'" ~ ~ t'tl'~:, , l.. --....";,,. -, I i I I ( ~ .. I t ~- -. Ti : ~ \. ~ _ \.\: J'.: .J. ~,!I"I T~U... ~p.. .... . ,.;.::\ \;... ll).' of I'" '\. I ,'" , .. ,.' ~ ~ C J :~1~fr". ,", .J " ~ :',.il~" " i. ''/. . ~ I {:,\f;.; ~ ~,~. ~ ..~t""'Il,'J.. '.lJ ..~ " '< ,.:w."" ~ I ~1 ,'..;,. 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