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HomeMy WebLinkAbout2005 04 19 Entered into Evidence by Captain Tolleson Re: Board of Adjustment Minutes for 10/23/02Date: April 19, 2005 ENTERED INTO RECORD BY CAPTAIN TOLLE S ON CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING -OCTOBER 23, 2002 (ORIGINALLY SCHEDULED FOR OCTOBER 3, 2002) PAGE 4 OF 7 The Board discussed advertising requirements. Board Member Taylor asked, "Did we advertise it [Meeting]?" Mr. Baker stated, "Yes sir we did -the properties within one hundred-fi8y feet (150'), and it was also an ad in the paper." Board Member Taylor suggested to "Put this decision off for thirty (30) days and in the meantime, somebody could address this flooding problem and come back to the homeowners with some rationale as to why, or how, or when, or what the City is planning on doing." Mr. Baker suggested to "Bring this back the first Thursday in November". Tape 1/Side B Discussion. MOTION BY BOARD MEMBER TAYLOR. "I MAKE A MOTION THAT WE DELAY, UNTIL THE NEXT SCHEDULED MEETING, ANY DECISION ON THIS AGENDA ITEM TO ALLOW THE CITY TO ADDRESS THE FLOODING ISSUES THAT CURRENTLY AFFECTS THE ADJACENT HOMEOWNERS." SECONDED BY BOARD MEMBER DILLER. DISCUSSION. VOTE: BOARD MEMBER HERBERT: AYE BOARD MEMBER TAYLOR: AYE BOARD MEMBER WATERS: AYE BOARD MEMBER DILLER: AYE MOTION CARRIED. Board Member Waters recessed the Meeting at 7.•56 p.m. The Meeting reconvened at 8:02 p. m. REGULAR C. T.A. Binford Requests A Variance From The Requirements Of Section 20-486. Of The City Code Of Ordinances To Allow An Existing Non-Conforming Sign To Remain Beyond The November 14, 2002, Amortization Deadline. Parcel ID # 34-20-30-508-0800-0020 Mr. Baker presented the Agenda Item and stated, "Staff has examined this Variance request and determines that the request does not meet any of the six (6) Variance criteria, and seven (7), a financial hardship does not constitute a hardship in terms of granting the Variance." Mr. Baker stated further, "I recommend denial unless the applicant can clearly demonstrate consistency with all six (6) of the criteria. And I would ask that you go through each and every one of those six (6) criteria in making your decision, and tell if you feel that it meets that particular criteria." CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING -OCTOBER 23, 2002 (ORIGINALLY SCHEDULED FOR OCTOBER 3, 2002) PAGE 5 OF 7 Mr. Tom Binford, 704 Chicopee Trail, Maitland, Florida: stated, "If I were to remove this sign, I think it would cause great inconvenience for my customers and likewise cause me undue financial hardship cause the loss of business." Mr. Binford also spoke of having to remove trees and losing parking spaces if his sign has to be removed and replaced. Mr. Binford read a letter of support from Mr. Melton J. Smallwood for the record, and distributed a copy to the Office of the City Clerk. Mr. Binford asked, "If I have to move my sign back, I think I have to move it back three feet (3') from what I can ascertain from reading the Ordinance. Is the City going to compensate me for the taking of my property that I can not use for the sign? Is the City going to compensate me for any parking places I am going to lose? Is the City going to give me permission to delete those two (2) parking places which will make my property nonconforming to the City Code?" Mr. Binford asked further, "I have to go -through the whole application process, it is expensive. Is the City going to compensate us for this because it is an unnecessary financial hardship?" Board Member Waters stated, "That is not for this Board to decide whether or not." Board Member Taylor asked, "Were you advised of the five (5) year ammortization?" Mr. Binford stated, "I got a letter like everyone else, a certified letter." Board Member Taylor said, "So you have been advised there was a five (5) year amortization starting five (5) years ago. To be in compliance before November 14th of this year." Mr. Binford stated, "That is correct. I do not know about five (5) years ago, I got it two (2) years ago. I have got a letter to that effect." Board Member Taylor stated, "You have been apprised that the Board of Adjustment has six (6) criteria that must be met?" Mr. Binford stated, "Yes sir...." Board Member Taylor stated, "...Could you start with the first and see how you meet the six (6) criteria?" Mr. Binford stated, "I do not have those in front of me, I surely do not." Board Member Taylor asked, "You were advised that we have six (6) criteria that you have to meet to approve the Variance?" Mr. Binford said, "Yes sir I was advised that you take that into consideration, you vote on that accordingly." Board Member Taylor asked, "Would you care to comment on any of these that you meet?" Mr. Binford answered, "No sir." Board Member Taylor asked, "Is it fair to say that you do not meet any of them?" Mr. Binford said, "I do not know sir. I have not read them. It is not incumbent on me to read them." Board Member Taylor asked, "Were you so advised that there were six (6) criteria?" Mr. Binford stated, "I got something in the mail but I did not read it." Board Member Taylor said, "I see, so you got something in the mail but you did not read it." CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING -OCTOBER 23, 2002 (ORIGINALLY SCHEDULED FOR OCTOBER 3, 2002) PAGE 6 OF 7 Mr. Arthur O. Duncan, 424 East State Road 434, Winter Springs, Florida: stated, "If I move my sign back, if you will notice the two (2) trees, I think the view would be blocked substantially of my sign unless I cut the trees down." Mr. Duncan stated further, "You can see that between the building and the sign, there is area for an automobile to go through. Our clients and customers use the two (2) so that there is no temptation or need to back out on [State Road] 434. If I move the sign, that is going to prohibit a vehicle from going through there." Dr. Charles Martin, SOl West State Road 434, Winter Springs, Florida: stated, "I think this sign Ordinance is very vague - and I think that we need to look into this thing and perhaps put off further action on this until we can straighten out a lot of the problems that people are having with their signs". Mr. Martin stated further, "I think each individual should be looked at separately and a decision made on that because I think we are going to be back before you with a Variance request as well." Discussion. Tape 2/Side A MOTION BY BOARD MEMBER TAYLOR. "I WOULD LIKE TO MAKE A MOTION THAT WE DENY THE REQUEST FOR A VARIANCE BASED ON THE INABILITY TO MEET ANY OF THE SIX (6) CRITERIA. I WOULD ALSO LIKE TO NOTE THAT THERE IS SOME CONFUSION OVER THE SIGN ORDINANCE AND I WOULD LIKE THAT TO BE LOOKED AT BY THE CITY." SECONDED. DISCUSSION. VOTE: BOARD MEMBER WATERS: AYE BOARD MEMBER HERBERT: AYE BOARD MEMBER DILLER: AYE BOARD MEMBER TAYLOR: AYE MOTION CARRIED. IV. FUTURE AGENDA ITEMS This Agenda Item was not discussed. V. REPORTS Board Member Waters asked, "What do we want to do about electing officers?"