HomeMy WebLinkAbout1999 10 07 Public Hearing Agenda Item A
BOARD OF ADJUSTMENT
AGENDA ITEM A
October 7. 1999
Meeting
REQUEST: Community Development Department, Land Development Division, presents to
the Board of Adjustment the request of Pressman & Associates, Inc. for a
variance to Section 454(d)(4) and(6) of the SR 434 Corridor Vision Plan, New
Development Area to allow building mounted signage to be located higher than
14' and to exceed 16 square feet for the proposed Eckerd Drugstore to be built at
780 East SR 434 (northwest corner of the intersection ofSR 434/419).
PURPOSE: The purpose of this agenda item is to consider a variance request of Pressman &
Associates, Inc., and then recommend to the City Commission their findings on
this variance request, which would exceed the building mounted signage allowed
in Section 454(d)(4) and (6) of the SR 434 Corridor Vision Plan, New
Development Area for the proposed Eckerd Drugstore to be built at 780 East SR
434 (northwest corner of the intersection ofSR 434/419)
APPLICABLE CODE:
Section 20-454
Signs.
(d) Building Mounted Single Tenant Identification Sign: In addition to the
ground-mounted identification sign, a building mounted identification sign may
be permitted consistent with the following criteria:
(4) The sign shall not either project above any roof or exceed the height of
fourteen (14) feet.
NOTE: The sign is approximately twenty three (23) feet high.
(6) Signs shall conform to the following schedule:
Building Size (Gross Floor Area) Max. Copy Area
Max. Letter Height
Less than 50,000 square feet 16 square feet
2 feet
NOTE: The building is 11,200 sq. ft. in size. The request is for 72.2 sq. ft.
October 7, 1999
BOA Agenda Item A
Page 2
(e) Additional Signs/Variances: Under special circumstances, such as for parcels
on comer lots, additional signs consistent with these design standards may be
approved by the City Commission, upon a request submitted to the Board of
Adjustment pursuant to Sec. 20-82 and 20-83 of the City Code. The Board of
Adjustment shall recommend variances of this sign code in specific cases where
such variances will not be contrary to the public interest and where, due to special
conditions, a literal translation of this sign code would result in unnecessary
hardship. All requirements, procedures, findings and appeals of sign code
variances shall follow those provisions for zoning variances.
Section 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 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 involved 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.
October 7, 1999
BOA Agenda Item A
Page 3
3. That granting the variance 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.
d. .....
(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 a part of the terms under which the variance is
granted, shall be deemed a violation of this chapter. The board of adjustment may
recommend a reasonable time limit within which the action for which the variance
is required shall be begun or completed, or both.
(3) Under no circumstances shall the board of adjustment recommend the
granting of a variance to permit a use not generally or by special exception
permitted in the zoning district involved, or any use expressly or by implication
prohibited by the terms of this chapter in the zoning district. No nonconforming
use of neighboring lands, structures or buildings in the same zoning classification
or district, and no permitted use of lands, structures or buildings in other zoning
classifications or districts shall be considered grounds for the authorization of a
vanance.
(4)
(5)
October 7, 1999
BOA Agenda Item A
Page 4
Section 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 at such meetings or to be
heard by written statement submitted at or prior to such hearing.
( 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 of 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 under the zoning regulations. Such appeal 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
October 7, 1999
BOA Agenda Item A
Page 5
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 action 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
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 (1) 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 ofthe 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
variances, special exceptions or conditional uses has not been issued prior to
expiration of such time limit.
CHRONOLOGY:
July 6, 1999 - Pre-Application Meeting with Staff
July 7, 1999 - Conceptual Plan presented to Planning & Zoning Board
August 23, 1999 - Conceptual Plan presented to Commission
September 1, 1999 - Final Engineering Plans submitted to the City for review
October 7, 1999
BOA Agenda Item A
Page 6
FINDINGS: 1) Sign variances have been granted in the SR 434 Corridor (New Development
Area) through a Development Agreement.
2) A Development Agreement is allowed under The SR 434 Corridor Vision
Plan, New Development Area. The operative sections of the Vision Plan are:
Section 20-458
Development Agreement
Any developer may propose to enter into a Development Agreement with the City
designed to set forth terms and conditions appropriate to meet the circumstances
of the specific proposed development. Such Development Agreement shall be
reviewed and approved by the City Commission. The City Commission may vary
the standards of this ordinance, including building or perimeter setbacks, parking
standards, signage, and other standards. If an increase in building height beyond
fifty-five (55) feet is requested, the City Commission must find that Fire
Department capabilities are adequate to address the change. Such consideration
shall be based on building site constraints or physical characteristics of the
property, provided specifically, however, that any such concessions for a
constrained site shall only be considered by the City Commission in a
Development Agreement if enhanced perimeter landscaping or buffering is
provided to assure that the objectives of this ordinance are achieved.
Section 20-459
Corridor Design Review Board
The Development Review Committee shall serve as the Corridor Design Review
Board for developments in the New Development Area Overlay Zoning District
of the S.R. 434 Corridor and shall review such developments for a unifying theme
according to the design standards and make recommendation( s) to the Planning
and Zoning Board. The Design Review Board shall review and make a
recommendation regarding any proposed Development Agreement pursuant to
Section 20-458 of this Code.
3) The requirements listed under Section 20-82(1 )( c) have not been met.
4) The requirements of Section 20-83 ( c) have been met.
October 7, 1999
BOA Agenda Item A
Page 7
RECOMMENDA TION:
The Board of Adjustment forward this application to the City Commission with
the recommendation to disapprove this request. Further, the Board of Adjustment
recommend to the City Commission that this request be considered under
Sections 20-458 and 20-459 which address Development Agreements.
ATTACHMENTS:
- Owner authorization granting Todd Pressman of Pressman and
Associates to represent an application to the City for a
. .
sIgn vanance
- Pressman & Associates, Inc., Statement of Support for the
Eckerd Corp. Sign Variance
- Proposed building mounted signage exhibit
BOARD OF ADJUSTMENT ACTION:
From: Todd Pressman Fax: +1(727)669-8114
To: Tim Keen
Fax: (407)999-9961
Page 2 of 3 Wetilesday, August 11.19998:37 AM
Governmental and Public Affairs
28870 U.S. Highway 19, North, Suite 300
Clearwater, FL 33761
Ph. 727-726-8683, Fx. 727-669-8114, Cell. 727-804-1760, E-mail.Pressinc@aol.com
LETT-EROF AUTHORIZATION
To The City of Winter Springs, Florida:
Please accept this letter of authority to allow Todd Pressman, of Pressman and Associates, Inc., to
represent an application to the City for the review of a sign variance on our property.
Thank you.
Property Ovvner or Authorized Officer
State of:
County of:
Before me personally appeared ~l1dLU\~_, who, being duly sworn,
swears and affirms that the above information is true 0 the best ofhis/her knowledge.
Signed and sworn before me this II ~ day of ~ ' 1999, a.d., who I personally
know or produced identification as .
7A.4P~
Notary Public
MAIn' c. DICICCO
My Comm &po 7N1.OO2
No. cc 75e920
,..,..., "'- I) oa. 1.0.
I PRESSMAN & ASSOCIATES, INC.
I Governmental & Public Affairs
STATEMENT OF SUPPORT
Eckerd Corp. Sign Variance
1) The shape of the property, and the surrounding roadways, converge to create a most unusual
comer that severely effects the angle of attack, in regard to visibility, that drivers have at this site,
and impairs the typical visibility of signage that most other businesses have. Additionally, this is
in actuality a multi-use operation, with heavy drive-thru functions, when coupled with the above
situation, that create an unusual and singular vehicular circulation concern, effecting ingress and
egress. There are concerns that the single pylon sign cannot signify to passerby's in enough time,
the proper ingress and egress points.
2) As noted above, the site is the result of different rights of way, and their orientation to the site.
3) What the applicant requests is the ability to minimally project to the public their advertising
needs, at par with others. No special privilege's are assumed.
4) Literally applying the code to this site would result in a site that is not as visible, nor as easily
seen as others, and may suffer from vehicular concerns for ingress and egress points.
5) It is believed, after much study, that what is requested is the minimum necessary to overcome
the hardships. This package is just about the smallest, if not the smallest, that is found for Eckerd.
6) We believe that the passage ofthis request will be in harmony with the City regulations.
7) We believe that this application meets those expectations.
Thank you.
28870 US Highway 19 N. · Suite #300 · Clearwater. Fl33761
Phone 727-726-VOTE (8683) · Fax 727-796-3975 . Pager 1-800-864-8444
5'4"
13:8"1
31.5 sa. FT.
SQUARE FOOTAGE
FRONT ELEVATION 31.5
REAR ELEVATION 0
RIGHT ELEVATION 31.5
LEFT ELEVATION 0
TOTAL Sa. FOOTAGE 63.0
PROPOSED ECKERD
WINTER SPRINGS, Fl
(OVERLAY CORRIDORl
PROPOSE THROUGH VARIANCE
I'" 13'8" l
SMTlR
::.:~ 12"
,
12" ·
.
IKIT
." . ,.
NEED IT COPY
fOIl PROPER VISIBRITY
-' '.
/ ...
/ ....
25'.0"
REAR DRIVE-THRU
ELEVATION
88'.0'
1
FRONT ELEVATION
31.5 SQ. FT.
13'8'
.!
----.---.('--
25'.()'
148'-0'
.. ". ... . ."., .......'mu u'1
RIGHT ELEVATION
,
I
r
u..--..--~-.--148'.0.
i
LEFT ELEVATION
~III BELL SIGNS, INC.
Iii:'\L Underwriters
\!.!:I La~~~~1orles Inc..
CUSTOMER APPROVAL
1200 ARNOlDWARE DRIVE, PANAMA CIlY, Fl 32401 PHONE: 904.763.7982 FAX: 904.872.8584
CLIENT: ECKERD DRUG
",,"r C,/?C,/oo
nr'w,r" n/\ 1n OoKH
DRA':Y,~ HW
SCALE: 3/64" = l' _ON
DWG. FrKWINTFR~PRINr,~
THIS IS AN ORIGINAL UNPU8USHEO DRAWING CREATED BY
BELL SIGNS, INC. IT IS SUBMITTED FOR YOuR PERSONAL USE
IN CONNECTION WITH" PROJECT BEING PLANNED FOR YOu
BY BELL SIGNS. INC IT IS NOT TO BE SHOWN TO ANVONE