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Home My WebLink About2005 03 28 Public Hearings 400 Waiver Requests by Oscar and Teresa Camero CITY COMMISSION AGENDA ITEM 400 Consent Informational Public Hearing X Regular March 28, 2005 Meeting MGR. ~ IDEPT AUthOrizatiOn#- REQUEST: The Community Development Department- Planning Division requests the City Commission consider waiver requests by Oscar and Teresa Camero from portions of sections 20-482, 20-483, 20-485, 20-488, and 20-489 for conversion of an existing single family residence at 506 W. SR 434, in the SR 434 Redevelopment Overlay Zoning District. PURPOSE: To consider allowing waivers from the code, based upon the site conditions affecting the logica~ practical, and reasonable application of every aspect of the applicable codes, pursuant to the waiver provisions of Section 20-34 of the Code. APPLICABLE LAW AND PUBLIC POLICY: Sec. 20-34. Waivers. Sec. 20-82. Duties and powers; general. Sec. 20-482. Setbacks. Sec. 20-483. Off-street parking and driveway requirements. Sec. 20-485. Buffers and walls. Sec. 20-488. Corridor access management. Sec. 20-489. Building and screening design guidelines. CONSIDERATIONS: The site has a Commercial Future Land Use (FLU) designation, is within the C-I Neighborhood Commercial zoning district, and is also located within the SR 434 Redevelopment Overlay Zoning District. The site abuts property with a Commercial FLU and C-I zoning, but a residential use to the west. It also abuts property with a Medium Density Residential (MDR) FLU, R-I zoning, and a residential use along its northern boundary (in the rear). An existing single family residential structure is being converted into an office and is proceeding through the site plan process. The applicant sought partial relief from having total imposition of each and every requirement ofthe SR 434 Redevelopment Overlay Zoning District, as being illogica~ impossible, impractical, or patently unreasonable for this plan and use at this site. Staff agrees with the applicant, with the exception of the request to waive bicycle parking. All parties Public Hearing Agenda Item 400 March 28, 2005 Page 2 00 seem to agree that provision of some residential scale lighting, that does not spill off-site, is reasonable. Section 20-482 parking setback from the right-of-way(ROW); landscaping; and screening; Site dimensional constraints do not allow for parking to be set back 10' from the Charles Street ROW or screened from SR 434 and Charles Street; it is not practical to provide the additional landscaping (around the building and along the proposed wall in the rear; beyond what is depicted on the plans) required by the code. Section 20-483 exterior lighting; The Code requires site illumination, although there seems little need for such for a small office which is unlikely to be operating after dark. The BOA members expressed concern that some sort of residential scale lighting, that would not create off-site spillage, was necessary to ensure the safety of the owner, employees, or patrons after dark. Staff and the applicant's representative agreed this was reasonable and logical. There is an existing street light at the intersection of SR 434 and Charles Street. Section 20-485 wall along the west side of the site; The Code requires a 6' tall masonry wall for any commercial use adjacent to any single family zoning or use. The wall must be of brick, decorative or split face concrete block. The wall is proposed along the rear (north) boundary, but is proposed for a waiver along the western boundary, which has C-l zoning and may also convert to a non-residential use. Section 20-488 Cross-access easement to property to the west; and The Code requires cross-access easements, where feasible. but staff does not believe a cross-access easement to the property to the west is feasible or makes sense for individual redevelopment of these tiny lots - this waiver request was included in the event of any disagreement over "feasibility." Section 20-489 bicycle parking. The Code requires bicycle parking and staff recommends that a bike rack be required/provided. Staff believes that the request for relief from the above noted code requirements, beyond what is provided on the site plan clearly creates an illogica~ impractica~ and patently unreasonable result. The proposed development plan, as it is proposed, is in substantial compliance with this chapter and in compliance with the comprehensive plan. The proposed development plan will significantly enhance the real property. The proposed development plan serves the public health, safety, and welfare. The waivers, as recommended by the BOA and staff, would not diminish property values in or alter the essential character of the surrounding neighborhood in a negative way. The waiver, as recommended by the BOA and staff, is the minimum waiver that will eliminate or reduce the illogical, impractical, or patently unreasonable result caused by the full application of the Code requirements on this site. The proposed development is compatible with the surrounding neighborhood. In sum, the Development Review Committee agrees with the waiver requests and believes they meet the criteria set forth in Section 20-34, except for the bicycle parking waiver request. The Public Hearing Agenda Item 400 March 28,2005 Page 3 00 BOA's recommendation to require residential scale lighting that does not spill off-site is reasonable and relatively inexpensive. BOARD OF ADJUSTMENT ACTION: At its regularly scheduled meeting of March 3,2005, the Board of Adjustment voted to recommend approval of all but two ofthe waiver requests, based on the waiver criteria set forth in Section 20-34 ofthe City Code. The Board recommended that residential scale lighting that does not spill off-site be provided on the east side ofthe building, near the parking lot. The Board agreed with staff that a bicycle rack should be provided on-site. STAFF RECOMMENDATION: Staff recommends a recommendation of approval for the waivers requested except for the waiver from the site lighting (require residential scale lighting that does not spill off-site on the parking lot side) and the bicycle parking requirement. ATTACHMENTS: A Draft BOA Minutes r'1AR-21-2005 14: 52 ,AATTACHMENT A I CITY OF WINTER SPRINGS, DRAFT UNAPPROVED M BOARD OF ADJUSTM REGULAR MEETIN MARCH 3, 2005 CALL TO ORDER 407 324 5731 P.02 (j) The Board of Adjustment Regular Meeting of Thursd y, March 3, 2005 was called to order at 7:00 p.m. by Chairman Thomas Watm in e Commission Chambers of the Municipal Building (City Hall, 1126 East State Ro 434, Winter Springs, Florida 32708). I Roll Call: Chainnan Thomas Waters, present Vice Chairman Jack Taylor, present Board Member Linda Collins, present Board Member Kathryn Fairchild, present Board Member Howard Casman, present Vice Chairman lack Taylor led the Pledge of Allegiance PUBLIC INPUT No one spoke. CONSENT AGENDA CONStNT 200. Office Of The City Clerk Approval or The February 3, 2005 Regular Meeting inutes. "I MAKE A MOTION WE APPROVE THE FEB VARY 3JU) 200S MINUTES," MOTION BY BOARD MEMBER F AlRCHILD. SECONDED BY BOARD MEMBER CASMAN. DISCUSSION. :;:>C\.... cCJ+-> J~C' J"".. e'C-I~-.ll' ~.Jr::" \,.J~..., M 1M i"-' -.- .._'? -"""....".-., -_ '\11 t~ { r'lAR-21-2005 14: 52 407 324 5731 VOTE: BOARDMEMBERCASMAN: AYE CHAlRMANWATERS: AYE BOARD MEMBER FAIRCHILD: AYE BOARD MEMBER COLLINS: AYE VICE CHAIRMAN TAYLOR: AYE MOTION CARRIED. PUBLIC HEARINGS AGENDA 407 324 5731 P.03 CITY OF WINTER. SP'RlNGS. fLOAIOA DRAFT tlNAPPt\OVED MINUTes BOARD OJ' ADJUSTMENT .REOULAR MEETINCi - MARCU 3. 200; I>^Ol: 2 OP 5 cP PUBLIC H(AIUJ'(GS 400. Community Development Departmeut - PlaD iag Division Requests The Board or Adjustment CODsider W iver Requests By Oscar And Teresa Camero From Pordo.as Of Sections 20-482., 20-483., 20-485., 20-488., ADd 20-489. For COD\'enion or All Existing Single Fa 'ly Residence At 506 West SR (State Road) 434, IJ1 The SR [State Road] 434 R evelopment Overlay Zoning District Mr. John Baker, AICP, Senior Planning) Community De elopment Department presented this Agenda Item, Mr. Baker said, 'ern considering the 'Waiver Request' - t e proposed Development Plan is in substantial compliance with thi.s Chapter and in com liance with the Comprehensive Plan - we - Staff, DRC (Development Review Co nee) do believe that it is [meet Criteria]. Secondly, the proposed Development Plan 'n significantly enhance the real property, We - Staff DRC (Development Review Co mittee) do believe it will [meet Criteria]. We believe this is a good plan, Three (3), e proposed Development Plan serves the public health, safety and welfare. Staff does b lieve that it will [meet Criteria]. Four (4), the 'Waiver' will not diminish propeny values in or alter the essential character of the surrounding neighborhood. We believe it will nhance the property values and enhance the [State Road] 434 Redevelopment [Over! y Zoning) District. And, the 'Waiver' granted, is the minimum 'Waiver' that will liminate or reduce the illogical, impossible, impractical, or patently unreasonable result aused by the applicable term or condition under this Chapter, We believe that to force ore on this Site than what you have is illogical. it approaches impossible. it's certainly i practical and it's unreasonable. And, six (6) and finally. the proposed Developmen Plan is compatible with the surrounding neighborhood. and we feel it is [meet Criteri J.n Discussion. r'1AR-21-2005 14: 52 407 324 5731 407 324 5731 P.04 CITY Of' WINTER SPlUNGS, FLORIDA g; OMFT llNAP'PROVEi) M1NUT~ W 80i\.Rl) or ADJUSTMENT UGUl.J1.R MeI:TINCi - MARC'" J. 200S PACiE 3 OF 5 Mr. Al Tehrani, P.E., 621 Sherwood Drive, Altamonte Springs, Florida: addressed the Board Members of this 'Waiver Request" on behalf 0 Oscar and Teresa Camero. Mr. Tehnni said, "This is the first time I am doing business in the City of Winter Springs and I just want to let the Board [of Adjustment] know, yo have wonderful people working here and especially Mr. John Bake:r, I would like to reco ize - real good people." Discussion ensued on lighting on the building. Mr. B er said, "Some - ground lights - that would certainly be acceptable to us." Mr. Tehrani said, "If you would like, on the side where he parking is, we can attach one of those motion detectors to the soffit." Chairman ters said, 'CIt would have to be aimed - correctly." Board Member Fairchild stated, ((The parking goes right by the street, so it would be shooting directly." Chairman Wa: ers stated. "Yes. That would be an issue." Discussion. Chairman Waters said. '1'd like to see some type 0 residential scale security type lighting. " "I MAKE A MOTION THAT WE APPROVE TH ST AFF Wlm REGARDS TO SECTION 20-482., 20-488. WITH REGARDS TO SECTION 20-483., RESIDENTIAL STYLE SECURITY LIGHT B REGARDS TO SECTION 10-489.. WE AGREE WI RACK SHOULD BE REQUIRED." MOTI FAIRCHILD. SECONDED BY BOARD MEMBER RECOMMENDATIONS OF ECTION 20-485., SECTION E WOULD RECOMMEND A INSTALLED AND WITH H ST AFF THAT A BICYCLE BY BOARD MEMBER ASMAN. DISCUSSION. CHAIRMAN WATERS SAID, "BASICALLY SA NG, WE DO WANT SOME RESIDENTIAL TYPE LIGHTING AND WE DO CREE ABOUT THE BIKE RACK AND EVERYTHING ELSE AS IS." DISCU SION. t>V\',-j eCJ" )::'t" ) Oil:> Cr:"'lf\I'~..Je ~'::I rt. _1/'1 j 1'....\ ,...,.......... ,-nn-' T_ \>llll~ nAR-21-2005 14:52 407 324 5731 407 324 5731 P.05 eln' OF wINTER Sl'RlNOS. FLORIOA ~. DRAFT' UNAPPROVED MINUTes ~ )K)ARD OF ADJUSTMENT REGULAR MeETINC - MAR.CH J.. 2005 PACE 4 OF 5 "1 WOULD LIKE TO MODIFY MY OWN MOTIO REGARDING SECTION 20- 483. ONLY TO RECOMMEND RESIDENTIAL S YLE SECURITY lIGHTING FOR THE PARKING AREA." MOTION BY BO RD MEMBER FAIRCHILD. SECONDED BY BOARD MEMBER CASMAN. DI CUSSION. VOTE: BOARD MEMBER COLLINS: AYE VICE CHAIRMAN TAYLOR: AYE CHAIRMAN WATERS: AYE BOARD rdEMBERFAlRCUfi..D: AYE BOARDMEMBERCASMAN: AYE MOTION CARRIED. Mr. Baker said. "This should be going to the Marc 2glh [2005J City Conll'nlssion [Meeting)." 600. REPORTS None. FUTURE AGENDA ITEMS No discussion. ADJOURNMENT "I MAKE A MOTION WE ADJOURN." MO ON BY BOARD MEMBER F AlRCHlLD. SECONDED. WITH CONS EN S OF THE BOARD THE MOTION WAS APPROVED. MOTION CARRIED. Chairman Waters adjourned the Meeting at approximate 7:39 p.m. C~~~ r~l~ J~~ J~~ __,-"., v "I I~ \. r""l I . " N. .,.... I!" ...... r'lAR-21-2005 14: 52 9a'd iljlOl 4137 324 5731 RESPECTFULLY SUBMITTED BY: ~ JOAN L. BR.OWN DEPUTY CITY CLERK APPROVED: tJl) THOMAS WATERS. CHAIRMAN BOARD OF ADJUSTMENT NOTE: TllG$e Min\llGe ""~ gpprg"'c:d ..t the 407 324 5731 P.06 CITY OF WINTER. SPRINGS. FLOIUDA DRAFT Ul'J.aJ>PROVED MINI...'T6S BOARD OF "X)JllSThfENT REGULAR MHTING - MARCH 3.2005 PtlGE 5 OF $ 1/2 .2005 Bca.nJ or d)\\tlmcnl Regula. Meetlnt. TOTAL p.06