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HomeMy WebLinkAbout2004 09 21 Attachment Handed Out by Eloise Sahlstrom, Community Development DepartmentDate: September 21, 2004 ATTACHED HANDED OUT BY ELOISE SAHLSTROM, COMMUNITY DEVELOPMENT DEPARTMENT C ! ~ CITY OF WINTER SPRINGS COMMUNITY DEVELOPMENT DEPARTMENT 1126 STATE ROAD 434 WINTER SPRINGS, FL 32708 407-327-5967 FAX:407-327-6695 15 March 2004 Bartholomew D. Phillips 7220 Lake Floy Circle Orlando, Florida 32819 Dear Mr. Phillips: As a follow-up to the 23 February 2004 City Commission Meeting, I am enclosing a copy of Adopted Ordinance 2003-32 for your files. I drove by your property today to see how the clean up was coming and was surprised to see that you use of this property as a transfer station and expansion of your 419 Metal dam' Auto Recycling Inc. business, located at 600 Old Sanford Oviedo Road is continuing. The unregulated offsite expansion of this business into a "C-1 Neighborhood Commercial" zoning district is a violation of Winter Springs Code of Ordinances, Chapter 20, Zoning and Chapter 9, Land Development. Furthermore, open outdoor storage and/or junkyards are not permitted under `C-1' Zoning (and never have been). Junkyards were removed from the list of permitted uses under the "C-2 General Commercial and Industrial" zoning district in 1996 and therefore, are no longer permitted anywhere in the City, except as anon-conforming use. Unless the use of this site is brought into compliance with Code within the next 30 days, you will be brought before the Code Enforcement Board. I can be reached at (407) 327-5967 if you have any questions. Sincerely, Eloise M. Sahlstrom, AICP, ASLA Senior Planner Attachments • Applicable Law & Public Policy • Ordinance 2003-32 ,, APPLICABLE LAW AND PUBLIC POLICY: Florida Statute 380-04. Definition of development. Florida Statute defines "Development as including the "making of any material change in the use or appearance of any structure ox land" including a "a change in the intensity of use of land" and "deposit of refuse, solid ox liquid waste, or fill on a parcel of land." Winter Springs Land Development Regulations (Chapter 9) Winter Springs' Code requires any proposed "development" (as defined above) to submit a site plan fox City approval prior to development. Winter Springs Ordinance 619. This ordinance, adopted on July 8, 1996, removed "Junkyards" as a permitted use from the City of Winter Springs. Previously, "Junkyards had been permitted under Section 20-252 (24) of the `C-2 General Commercial and Industrial' zoning district. Winter Springs Section 20-1. Definitions. Winter Springs' Code defines "Junkyards" as "An open area where waste, used or secondhand materials are bought, sold, exchanged, stored, baled, packed, assembled, or handled including but not limited to scrap iron and other metals, paper, rubber tires, and bottles. A junkyard includes an automobile wrecking yard." Winter Springs Section 13-2. Prohibitions. Winter Springs' Code prohibits junkyards unless "lawfully situated and licensed fox the same." Winter S~rin~s Section 20-233. Nonconforming uses. (This portion of the code was amended by the adoption of Ordinance2003-36 on September 22, 2003 which regudate,r Non-conforming Uses and Strzrcture,r.) (b) "...no such nonconfoxining use may be extended to occupy a greater area of land than that occupied by such use a the time of the passage of this chapter..." 2 ^ Oemplete items 1, 2, and 3. Aiso complete item 4'rf Restricted Delivery is desired. ^ Print your name and address on the reverse so that we can return the card to you. ^ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Bartholomew D. Philips 7220 Lake Floy Circle Orlando, FL 32819 __ 2. Article Number 7 ~ ~ 2 (Transfer from serviC Psl~ognl~$1111~9us12of~1 I I i i..~ ,,,,~, ,.,~; ;~~ ^ Agent X ~~ ^ Addressee _7 B. Received by (Printed Name) C. Date of Delivery 13~~ ~y __ D. Is delivery address different from item 17 ^ Yes H YES, enter delivery address below: ^ No ___ ---- 3. Service Type X~Certified Mail ^ Express Mail ^ Registered ^ Return Receipt for Merchandise ^ Insured Mail ^ C.O.D. Restricted Delivery? (Extra Fee) ^ Yes 3150 X001 5612 7981 __ _ _ ( ~I1l9stiC Return Receipt •- --- __ 102595-02-M-154 UNITED STATES POS First-Class Mail Postage & Fees Paid USPS Pem;it No. G1D • Sender: Please print your name, address, and ZIP+4 in this box • Eloise M. Sahlstrom, AICP, ASLA Senior Planner City of Winter Springs 1126 E SR 434 Winter Springs, FL 32708