HomeMy WebLinkAbout2005 06 13 Public Hearing Item 402, Sign for Starbright Cleaners
CITY COMMISSION
AGENDA
ITEM 402
Consent
Informational
Public Hearing X
Regular
June 13, 2005
Meeting
MGR. ~ IDEPT
Authorizat'
REQUEST:
The Community Development Department requests the City Commission consider a waiver request
by 1. K. Parmar from Section 20-486(1) (b) to the ground mounted multi-tenant or project
identification sign for the Starbright Cleaners, at 1301 W. SR 434, in the SR 434 Redevelopment
Overlay Zoning District.
PURPOSE: To consider allowing a waiver from the code based upon the site conditions affecting
the provision of adequate parking and signage.
APPLICABLE LAW AND PUBLIC POLICY:
Sec. 20-34. Waivers.
Sec. 20-82. Duties and powers; general.
Sec. 20-486. Signs.
CONSIDERATIONS: The site has a Commercial Future Land Use designation and is within
the C-2 Commercial zoning district. The project is also located within the SR 434 Overlay District.
The applicant and one other tenant rent or lease from the property owner. There are 7 marked parking
spaces in front ofthe building, occupying virtually all ofthe portion ofthe lot between the building and
the SR 434 ROW. The applicant occupies the eastern portion ofthe building. The space closest to the
building on the west side ofthe lot actually serves as a driveway for the proprietor ofthe other shop.
The tenants appear to have access from Lake Irene Drive, which extends behind the site and turns out
to intersect with SR 434, just east of the site.
The owner has given permission to seek a waiver to construct a sign. The applicant had stated that the
other tenant in the building did not wish to give up any parking spaces and did not wish to participate in
Page 2
Public Hearing Item 402
June 13, 2005
obtaining a monument sign. The other tenant spoke at the May 5 BOA meeting, stating a desire to be
included on the monument sign. He also stated that he would be able to financially participate in the
purchase ofthe sign after approximately 30 days.
The applicant stated that the only logical place to locate the sign is 2 feet from the ROW at the
northeast comer of the site, 4 feet from the eastern boundary. Staff believes that a more visible
location is the west side ofthe site, due to the planted pines (which block a portion ofthe view) located
east ofthe site. Adequate locations are available that do not require a waiver or variance, on either the
east or west sides ofthe site. The applicant states that all ofthe existing parking spaces are needed and
cites other examples of sign age along SR 434 that are located close to the ROW (both within the City
and outside of the City). He has stated a willingness to have a 24 SF sign, in lieu of the 32 SF
maximum allowed (75 % ofwhat is allowed). He stated that a sign had previously been located at the
proposed location. Long-term City staff have verified this and an electrical outlet of some kind is
presently located at that location. Staffbelieves that the applicant's request has some merit, but that a
more logical solution lies in working through the landlord to locate the sign on the site, within the
prescnbed setbacks.
Staff and the applicant's representative took various pictures to demonstrate visibility (ability to see the
sign and see traffic from the nearby Irene Drive and private driveway - both to the east of the site).
Captain Glenn Tolleson addressed public safety issues at a special May 16 BOA meeting.
A waiver requires compliance with all six (6) criteria outlined in Code Section 20-34. Staff believes
that this request is not supportable because a better alternative exists - by constructing the sign in a
different location. This may require a more active role for the landlord, but it is possible and this
alternative does not appear to have been adequately explored.
CHRONOLOGY:
April 11, 2005 - City received application and fee
May 5, 2005 - Board of Adjustment defers the request to a special May 16, 2005, BOA meeting.
May 16, 2005 - Board of Adjustment recommends denial in a 3-2 vote.
FINDINGS:
1. The site has a Commercial Future Land Use designation, is located within the C-2 Commercial
zoning district, and is within the SR 434 Redevelopment Overlay Zoning District, all within the City
of Winter Springs.
2. The site plan appears to have been approved in the early 1980s for a cleaner.
3. The property owner, Phuc Peter Dang, has consented to allow the applicant, Jitendra K. Parmar,
proprietor of Starbright Cleaners, to apply to have the Code provision for sign setbacks waived.
Page 2
Public Hearing Item 402
June 13, 2005
4. Staff does not believe that the applicant's request clearly demonstrates that the applicable term or
condition clearly creates an illogical, impossible, impractical, or patently unreasonable result -
although staff believes that the applicant feels that the Code provision creates such a result.
5. Staff believes that the applicant's request to locate the sign in the northeast comer ofthe site, 2
feet from the front property line and 4 feet from the side property line, does not meet a116 of the
waiver criteria, specifically number 3 (public safety - line of sight from Irene Drive and the nearby
driveway) and number 5 (minimum waiver - staff does not believe a waiver is necessary).
BOARD OF ADJUSTMENT ACTION: The BOA heard this request at its May 5,2005,
meeting and deferred it to a special May 16 meeting in order to obtain information regarding
visibility and public safety. At the May 16 meeting, the Board voted 3-2 to recommend the request
for the proposed location (2 feet from the front and 4 feet from the side property lines) be denied.
STAFF RECOMMENDATION: The Board of Adjustment and staff recommend that the request
be denied.
ATTACHMENTS:
A Site Photos & Proposed Signage
B Other Signs Along SR 434 Near the ROW
C Minutes of 5/05 and 5/16 BOA meetings
CITY COMMISSION ACTION:
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ATTACHMENT C
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
BOARD OF ADJUSTMENT
REGULAR MEETING
MAY 5, 2005
CALL TO ORDER
The Board of Adjustment Regular Meeting of Thursday, May 5,2005 was called to order
at 7:02 p.m. by Chairman Thomas Waters in the Commission Chambers of the Municipal
Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708).
Roll Call:
Chairman Thomas Waters, present
Vice Chairman Jack Taylor, present
Board Member Linda Collins, present
Board Member Kathryn Fairchild, present
Board Member Howard Casman, present
Board Member Kathryn Fairchild led the Pledge of Allegiance.
Chairman Waters acknowledged former Mayor Paul Partyka who was in attendance.
PUBLIC INPUT
None.
CONSENT AGENDA
CONSENT
200. Office Of The City Clerk
Approval Of The April 7, 2005 Regular Meeting Minutes.
Chairman Waters said, "Under the Consent Agenda, approval of the April ih [2005]
Regular Meeting Minutes - any comments on those? Motion to approve?"
"I MAKE A MOTION TO APPROVE." MOTION BY VICE CHAIRMAN
TAYLOR. SECONDED BY BOARD MEMBER CASMAN. DISCUSSION.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
BOARD OF ADJUSTMENT
REGULAR MEETING - MAY 5, 2005
PAGE 2 OF 9
VOTE:
BOARD MEMBER CASMAN : AYE
CHAIRMANWATERS: AYE
BOARD MEMBER FAIRCHILD: AYE
BOARD MEMBER COLLINS: AYE
VICE CHAIRMAN TAYLOR: AYE
MOTION CARRIED.
PUBLIC HEARINGS AGENDA
PUBLIC HEARINGS
400. Community Development Department
Presents To The Board Of Adjustment A Request For A Conditional Use To Allow
A Major Automotive Service And Repair Shop Including Body Repairs And
Painting In The 1-1 (Light Industrial) Zoning District, Pursuant To Section 20-261.
Of The Zoning Chapter Of The City Code Of Ordinances (As Amended). Please
Note That Ordinance 2005-13 Amending The Text Of Section 20-261. Of The Code
Must Be Approved Prior To Final Action By The City Commission On This
Conditional Use Request.
Mr. Randy Stevenson, AICP, Director, Community Development Department presented
this Agenda Item.
Mr. Stevenson said, "Currently, the I-I Zoning District does not allow this 'Use' as a
'Conditional Use', however, concurrent with this request, City Commission is
considering a Text Amendment to allow this 'Use' as a 'Conditional Use' in the I-I
Zoning District - this Approval is going to be based upon and contingent upon the Code
being amended prior to final action by the City Commission on this Item."
Furthermore, Mr. Stevenson added, "Staff finds, at this point, that this type of 'Use' in
this Zoning District and at this location is consistent with the general zoning and also
with the public interest." Mr. Stevenson said, "Staff recommends that the Board of
Adjustment recommend approval for the 'Conditional Use' to allow the Major
Automotive Service and Repair Shop including Body Wark and Painting in the Light
Industrial District." Discussion.
Regarding Criteria, Mr. Stevenson stated, "Section 20-33. of the Code; it does have all
'Conditional Use' recommendations and final decisions shall be based upon the following
applicable Criteria and - there are - seven (7) Criteria. Those have been considered in
our recommendation to you tonight."
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
BOARD OF ADJUSTMENT
REGULAR MEETING - MAY 5, 2005
PAGE30F9
Mr. Robert Safker, 3441 State Road 419, Winter Springs, Florida: as the owner of the
business, Mr. Safker presented a PowerPoint presentation. Mr. Safker said, "We've done
a lot of cleanup; we intend to do a lot more. I am working in conjunction with Mr. Owen
[Roger Owen Realty, Incorporated, 100 State Road 419, Suite 210 Winter Springs,
Florida], the landlord and we are jointly improving the building from the status that it was
from the prior tenant."
Mr. Safker added, "The actual cars that are being worked on, will be worked on in the
steel structure that's in the back." Mr. Safker then added, "It is our intention to use the
same sign - and the sign that we have designed fits into - similar in size and design and
color." Mr. Safker said, "We have worked out with the City Commission that in order to
receive approval, everywhere here where you see chain linked fence both from the gate all
the way down - side of the property, is going to be replaced with a six foot (6') solid
stockade wood fence. None of that area will be visible from the street and any vehicles
that are parked in that storage area will not be visible from the street side of that fence."
With discussion on Environmental issues pursuant to Federal and State Environmental
protection laws, Mr. Safker stated, "We are totally compliant on all aspects." Mr. Safker
added, "Should the Application be approved, you have my word - that is good as any
Contract. I will be a benefit to the City of Winter Springs. I will run an upstanding
business. I will serve the citizens well. I will run a high ethical business and I
respectfully ask your permission to approve the Application."
Discussion.
"I MAKE A MOTION TO APPROVE THE REQUEST FOR THE
CONDITIONAL USE PERMIT FOR WINTER SPRINGS COLLISON REPAIR,
INC. [INCORPORATED]. THIS APPROVAL IS CONTINGENT ON SECTION
20-261. OF THE CITY CODE BEING AMENDED TO ALLOW FOR AN
AUTOMOTIVE MAJOR SERVICE AND MAJOR REPAIR ESTABLISHMENT
TO BE LOCATED ON THIS PROPERTY." MOTION BY VICE CHAIRMAN
TAYLOR. SECONDED BY BOARD MEMBER FAIRCHILD. DISCUSSION.
IN CLARIFYING THE MOTION, MR. STEVENSON ASKED, "DOES THAT
ALSO INCLUDE THE CAVEAT INCLUDING PAINT AND BODY WORK?"
VICE CHAIRMAN TAYLOR SAID, "YES. THE ANSWER IS 'YES'. I ASSUME
THAT WAS INCLUDED IN THE..." BOARD MEMBER FAIRCHILD SAID,
"...THE TEXT..." MR. STEVENSON SAID, "...IT MAY HAVE BEEN. IT IS IN
THE TEXT. I JUST DIDN'T HEAR IT..." VICE CHAIRMAN TAYLOR SAID,
"...BECAUSE IT WAS IN PARENTHESIS HERE THAT'S WHY I DID NOT
MENTION IT..." MR. STEVENSON SAID, "...RIGHT. PARENTHESIS IS
JUST PART OF THE TEXT, I JUST DIDN'T HEAR THAT..."
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
BOARD OF ADJUSTMENT
REGULAR MEETING - MAY 5, 2005
PAGE40F9
VICE CHAIRMAN TAYLOR SAID, "...BUT, YES, IT DOES..." MR.
STEVENSON SAID, "...1 APOLOGIZE..." VICE CHAIRMAN TAYLOR SAID,
"...THE ANWER IS 'YES'."
VOTE:
BOARD MEMBER COLLINS: AYE
VICE CHAIRMAN TAYLOR: AYE
CHAIRMAN WATERS: AYE
BOARD MEMBER FAIRCHILD: AYE
BOARD MEMBER CASMAN : AYE
MOTION CARRIED.
Chairman Waters said, "I'm sure you are aware you have to go to the City Commission
with this - have they been to P&Z [Planning And Zoning Board/Local Planning Agency]
on this?" Mr. Stevenson said, "They've been to P&Z [Planning And Zoning Board/Local
Planning Agency] on the Text Amendment."
PUBLIC HEARINGS
401. Community Development Department - Planning Division
Requests The Board Of Adjustment Consider A Waiver Request By J. K. Parmar
From Section 20-486. (1) (b) To The Ground Mounted Multi-Tenant Or Project
Identification Sign For The Starbright Cleaners, At 1301 West SR (State Road) 434,
In The SR (State Road) 434 Redevelopment Overlay Zoning District.
Mr. John Baker, AICP, Senior Planner, Community Development Department introduced
this Agenda Item and displayed photographs of the property.
Mr. Baker said, "This is where a sign had previously been. I've confirmed this with
Captain Tolleson [Glenn Tolleson] of the Police Department - he said, yes indeed there
was a sign there, and the Applicant would like to put a new sign in that location." Mr.
Baker added, "I brought this to our Staff Review and I had some concerns about putting a
monument sign in this area with that road - even though it is a private road, and the
Police Department also expressed concerns with the safety for people being able to see
beyond the sign. The Applicant is proposing a much smaller sign than the maximum
allowed in this area. He is proposing twenty-four (24) square feet as opposed to the
thirty-two (32) [square feet] that is the maximum allowed."
Tape I/Side B
Finally, Mr. Baker added, "We do believe as Staff that there is a better location for this
sign. I think it would require perhaps a more aggressive role from the landlord to deal
with the other proprietor. We also believe that where the Applicant wants to put the sign
does constitute a safety issue.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
BOARD OF ADJUSTMENT
REGULAR MEETING - MAY 5, 2005
PAGE50F9
So, therefore, in looking at the 'Waiver' Criteria, we believe that we have a problem with
number three (3) the Public Safety and number five (5), the minimum that would make
the Request work because we do believe that by moving it to the other side of the Site,
you can - have a sign there ten feet (10') from both the front and side property lines." Mr.
Baker added, "We don't believe it meets the 'Waiver' Criteria, three (3) and five (5) set
forth in Section 20-34. [d]."
Discussion.
Mr. J K. Parmar, 1301 West Highway [State Road] 434, Winter Springs, Florida: spoke
about the concerns of the road work and his request for a 'Waiver'. Mr. Parmar displayed
pictures of the Site.
Discussion ensued.
Board Member Fairchild asked, "Do we have a traffic study?" Mr. Baker responded, "1
raised it at our Staff Review on Tuesday, and the Police felt that the proposed sign at that
location would be a problem, people not being able to see the oncoming traffic."
Mr. Baker said, "To have a sign located ten feet (10') from both the front and side would
require them to take out one (1) of the parking spaces. Mr. Baker added, "We at Staff felt
that the West Side was the better of the two options."
Discussion.
In addressing the Applicant as to placing the sign back four feet (4') plus two feet (2'),
Vice Chairman Jack Taylor said, "Would you be willing to compromise?" Mr. Parmar
said, "1 don't mind going four feet (4') - if moved back - more problem because it's
going to be closer to the driveway."
Mr. Dan Daly, 1732 Sparkling Water Circle, Ocoee, Florida: represents Dynamic
Aspects Sign, Incorporated, 1940 Dolgner Place, Sanford, Florida and spoke about the
Applicant's sign. Mr. Daly said, "We have a written agreement with [Mr.] Peter Dang
Phuc, the owner, stating that only the Starbright Cleaners will be on that sign because
he's incurring all the cost."
Further discussion ensued.
Ms. Carmen Mora, 744 Sun crest Loop #204, Casselberry, Florida: the proprietor of the
adjacent business, Ms. Mora spoke about the signage and is opposed to this 'Waiver'
Request."
Tape 2/Side A
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
BOARD OF ADJUSTMENT
REGULAR MEETING - MAY 5, 2005
PAGE60F9
Discussion.
Mr. Hidalgo Rafhael, 1303 State Road 434, Winter Springs, Florida: also a proprietor of
the adjacent business and is opposed to the 'Waiver' Request.
Mr. Baker said, "If you all would like to pursue the idea of a shorter sign moved farther
back, I can pursue that with the Police Department too and we can actually check out
various heights to see if one of those would at least satisfy the safety concern."
Vice Chairman Taylor said, "My recommendation is that you go back and talk together
about it; see if you can make the sign smaller. The Staff will go back and talk to the City
when they find out what you have agreed to. And my recommendation is still to make the
sign four foot (4') off the six foot (6'). Take two foot (2') off the top of the sign." Vice
Chairman Taylor added, "Move it back at least two feet (2'), agree to what you want to
put on the sign and come back to us." Board Member Fairchild said, "I am going to
disagree with that and just because of legality issues." Board Member Fairchild added,
"We are here to hear a 'Waiver' Request and I think we should do so."
Discussion.
Board Member Howard Casman said, "I tend to agree with Kathryn [Board Member
Fairchild] that we should take the issue at hand and look at the - compromise and just
Vote on the 'Waiver' and not worry about the parties." Board Member Fairchild said, "I
wish that we had had some type ofa Report from them [Police Department]."
Board Member Casman asked, "Is there a possibility we can get some kind of information
from the Police [Department] - concerned about the safety - to see if moving back and
keeping it six feet (6') is sufficient to alleviate any safety problems?" Mr. Baker said, "I
can certainly inquire."
Board Member Fairchild asked, "Would it be possible to make a Motion subject to the
final recommendation of the Winter Springs City Police?" Mr. Baker said, "I believe you
could." Board Member Fairchild said, "Okay."
Chairman Waters said, "I would like to hear the recommendation of the Winter Springs
City Police before making a Motion." Mr. Baker said, "If you wanted to defer this, I can
request that he [Captain Glenn Tolleson] even be here." Chairman Waters said, "I would
rather defer this to our next Meeting and request a Representative from the Police
Department be here."
Discussion ensued.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
BOARD OF ADJUSTMENT
REGULAR MEETING - MAY 5, 2005
PAGE 7 OF 9
Chairman Waters said, "Can he [Captain Tolleson] also give us an update as to - are there
other Violators out there? Are they in Code Enforcement proceedings at this point?" Mr.
Baker said, "I will check it out."
"I'D LIKE TO MAKE A MOTION WE DEFER THIS TO THE NEXT MEETING.
WE GIVE THE APPLICANT A CHANCE TO REVIEW WHAT HE IS ASKING
FOR AND GIVE THE APPLICANT A CHANCE TO TALK TO THE
GENTLEMAN WHO LIVES NEXT DOOR MAYBE AND TALK TO THE
LANDLORD - IN THIS TIME PERIOD WE WLL GIVE YOU, MR. BAKER,
TIME TO TALK TO THE SUBJECT POLICE OFFICER AND COME BACK TO
US WITH YOUR RECOMMENDATIONS AND THE APPLICANT CAN COME
BACK AGAIN, AND PRESENT IT BEFORE THE BOARD." MOTION BY VICE
CHAIRMAN TAYLOR. SECONDED BY BOARD MEMBER CAS MAN.
DISCUSSION.
BOARD MEMBER FAIRCHILD ASKED, "IS IT POSSIBLE THAT WE CAN
HAVE A BRIEF SPECIAL MEETING?" CHAIRMAN WATERS SAID, "I
WOULD LIKE TO HAVE CAPTAIN TOLLESON ATTEND THE MEETING."
DISCUSSION.
MR. BAKER SAID, "IT LOOKS LIKE MAYBE THE 16TH [MAY] OR THE 19TH
[MAY] WOULD BE POSSIBLE MEETING DATES. WE'D HAVE TO CHECK
TO MAKE SURE THAT EVERYBODY IS CLEAR AND AVAILABLE." BOARD
MEMBER CASMAN SAID, "THE 16TH [MAY] IS THE ONLY DAY I'D BE
AVAILABLE."
DISCUSSION.
CHAIRMAN WATERS SAID, "AS FAR AS I KNOW, I'M 'OKAY'."
DISCUSSION.
VOTE:
VICE CHAIRMAN TAYLOR: NAY
BOARD MEMBER COLLINS: NAY
BOARDMEMBERCASMAN: NAY
BOARD MEMBER FAIRCHILD: NAY
CHAIRMAN WATERS: AYE
MOTION DID NOT CARRY.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
BOARD OF ADJUSTMENT
REGULAR MEETING - MAY 5, 2005
PAGE 8 OF 9
"I WOULD LIKE TO MAKE A MOTION TO DEFER THIS ITEM NUMBER 401
TO HOPEFULLY HAVE A SPECIAL MEETING ON THE 16TH OF MAY AT 7:00
[P.M.] IN CHAMBERS REQUESTING THE PRESENCE OF OFFICER
[CAPTAIN] TOLLESON WITH THE WINTER SPRINGS POLICE
DEPARTMENT.
MR. BAKER ASKED, "COULD WE PUT SOME ALTERNATIVE DATES IN
THERE, JUST IN CASE, MAYBE THE 19TH [MAY] AND THEN THE NEXT
REGULARLY SCHEDULED MEETING, THAT WAY WE DON'T HAVE TO
SEND OUT ADDITIONAL LETTERS." CHAIRMAN WATERS ASKED, "IS
THAT OKAY?" MR. BAKER SAID, "WOULD THAT BE ACCEPTABLE?..."
BOARD MEMBER FAIRCHILD SAID, "...YES..." CHAIRMAN WATERS
SAID, "...FIRST CHOICE IS 16TH, SECOND CHOICE, THE 19TH, AND IF
THOSE ARE NOT AVAILABLE THEN WE WOULD HAVE TO REFER OVER
TO THE REGULAR MEETING." BOARD MEMBER FAIRCHILD SAID,
"THEN WE WOULD HAVE TO GO TO THE - REGULARLY SCHEDULED
MEETING."
"I WOULD LIKE TO ADD A SECOND POSSIBLE DATE OF MAY THE 19TH
[2005] IF IN FACT THE 16TH [MAY] IS NOT AVAILABLE. AND LASTLY, THE
FINAL DATE OF DEFERMENT WOULD BE OUR REGULARLY SCHEDULED
MEETING FOR JUNE THE 2ND [2005]." MOTION BY BOARD MEMBER
FAIRCHILD. SECONDED BY VICE CHAIRMAN TAYLOR. DISCUSSION.
VICE CHAIRMAN TAYLOR SPOKE FOR THE 'RECORD' ON EMAIL
NOTIFICATION TO THE BOARD MEMBERS.
CHAIRMAN WATERS ADDED, "CAN YOU EMAIL CERTAIN MEMBERS
AND HARD COPY OTHER MEMBERS?" MS. JOAN BROWN, DEPUTY CITY
CLERK SAID, "YES." CHAIRMAN WATERS SAID, "BUT YOU JUST DON'T
DO BOTH FOR EVERYBODY?" DEPUTY CITY CLERK BROWN SAID, "I
CAN DO WHATEVER YOU REQUEST." VICE CHAIRMAN TAYLOR SAID,
"LET'S DO BOTH AND THEN NOBODY WILL BE SLIGHTED. ALL I'M
ASKING IS FOR THE REQUEST - YOU DON'T HAVE TO SEND ME THE -
ITEMS JUST SEND ME THE REQUEST, SO I CAN SCHEDULE." MS. BROWN
SAID, "THAT WILL BE FINE." VICE CHAIRMAN TAYLOR THEN ADDED,
"SO, WHY DON'T WE SEND THE REQUEST OUT BY EMAIL AND THEN
THE NORMAL MAILING AS WE DO."
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
BOARD OF ADJUSTMENT
REGULAR MEETING - MAY 5, 2005
PAGE90F9
VOTE:
BOARD MEMBER COLLINS: AYE
BOARD MEMBER CASMAN: AYE
CHAIRMANWATERS: AYE
VICE CHAIRMAN TAYLOR: AYE
BOARD MEMBER FAIRCHILD: AYE
MOTION CARRIED.
600. REPORTS
No Reports.
FUTURE AGENDA ITEMS
None.
ADJOURNMENT
"I MAKE A MOTION TO ADJOURN." MOTION BY BOARD MEMBER
FAIRCHILD. SECONDED BY VICE CHAIRMAN TAYLOR. DISCUSSION.
WITH CONSENSUS OF THE BOARD THE MOTION WAS APPROVED.
MOTION CARRIED.
Chainnan Waters adjourned the Meeting at approximately 9:19 p.m.
RESPECTFULLY SUBMITTED BY:
AN L. BROWN
EPUTY CITY CLERK
APPROVED: d
~.. ~.
THOMAS WATERS, CHAIRMAN
BOARD OF ADJUSTMENT
NOTE: These Minutes were approved at the June 2, 2005 Board of Adjustment Regular Meeting.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
BOARD OF ADJUSTMENT
SPECIAL MEETING
MAY 16,2005
CALL TO ORDER
The Board of Adjustment Special Meeting of Thursday, May 16, 2005 was called to order
at 7:02 p.m. by Chairman Thomas Waters in the Commission Chambers of the Municipal
Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708).
Chairman Waters led the Pledge of Allegiance.
Roll Call:
Chairman Thomas Waters, present
Vice Chairman Jack Taylor, present
Board Member Linda Collins, present
Board Member Kathryn Fairchild, present
Board Member Howard Casman, present
PUBLIC INPUT
None.
PUBLIC HEARINGS AGENDA
PUBLIC HEARINGS
400. Community Development Department
Requests The Board Of Adjustment To Hear A Continuance To Consider A Waiver
Request By J. K. Parmar From Section 20-486. (1) (b) To The Ground Mounted
Multi-Tenant Or Project Identification Sign For The Starbright Cleaners, At 1301
West SR (State Road) 434, In The SR (State Road) 434 Redevelopment Overlay
Zoning District.
Mr. John Baker, AICP, Senior Planner, Community Development Department presented
this Agenda Item.
A slide show presentation of photographs was presented.
Discussion.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
BOARD OF ADJUSTMENT
SPECIAL MEETING - MAY 16, 2005
PAGE20F4
Mr. Dan Daly, 1732 Sparkling Water Circle, Ocoee, Florida: representing Dynamics
Aspects Sign Company on behalf of the Applicant Mr. Daly distributed information on
placement of signs to each of the Board Members and photographs were presented.
Discussion.
Captain Glenn Tolleson, Police Department spoke regarding safety issues and signage.
Discussion ensued.
Mr. Daly said, "As far as us hitting any kind of lines I would say that would be pretty
much next to impossible because this is what we do for a living. I do not see that as a
safety concern." Mr. Daly added, "Was there any other concern that the Officer brought
up that I can answer because the two (2) points that he made there, I do not believe - I
would not agree with at all."
Further discussion ensued.
Mr. Daly said, "The planter would not exceed past the four foot (4') - and it would still be
meeting Code of Winter Springs." With discussion on the proprietors of the adjacent
business, Mr. Daly stated, "If he wants to put a sign in later on, it is a matter oftaking out
one (1) face and putting - two (2) faces in." Chairman Waters said, "Okay."
Board Member Kathryn Fairchild asked, "So, you feel there is no way in this grassy area
at all with the proposed location by the Applicant, there's no way that any of that portion
would be safe without going into that parking space, even if they were willing to reduce
the height?" Captain Tolleson stated, "If they reduce the height - where it says four feet
(4') back, they would probably be alright. But, nothing forward there."
Board Member Howard Casman said, "He was agreeable in moving it back four feet (4').
That is what he said. Correct?" Mr. Daly said, "Yes, Sir."
Tape I/Side B
Discussion ensued regarding the setbacks.
Vice Chairman Jack Taylor said, "Would you agree in taking two foot (2') off the top of
the sign?" Mr. Daly said, "Yes, we would agree to that."
Discussing the location of the sign, Board Member Casman asked, "Approximately five
foot (5') back?" Mr. Daly said, "Yes, Sir." Board Member Casman said, "If that were the
case, would you be 'Okay' with that to start the sign." Mr. Daly said, "Yes, Sir." Board
Member Casman added, "And if I understood - Captain Tolleson correctly, he would be
'Okay' if we started at that where it says four feet (4') there."
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
BOARD OF ADJUSTMENT
SPECIAL MEETING - MAY I 6, 2005
PAGE30F4
Captain Tolleson said, "That is correct if they were awarded that Variance." Board
Member Casman said, "If you are saying essentially that approximately five feet (5') back
where that four foot (4') line is would meet your concerns about safety, then I am 'Okay'
with that."
Discussion on the height issue ensued.
Board Member Casman reiterated, "You are in agreement with a five foot (5') setback and
infringement a little bit of a planter, seven and a half foot (7W) height. No one has a
problem with that from a safety issue."
Chairman Waters said, "So, Staffs recommendation remains to put it at the west side
with a ten foot (10') Easement on both sides?" Mr. Baker said, "Either the west or the
east as long as it meets the ten foot (10') from the front and side property lines would
meet Code."
Discussion.
Captain Tolleson said, "I do not support it - I support what the Code says." Captain
Tolleson said, "As Mr. Baker pointed out, when the City Attorney set forth that Criteria,
that Criteria alone must be met before you even get to the other six (6) issues and I think
that the Board needs to keep that in mind." Captain Tolleson said, "He still has to meet
that Criteria. We are not going to authorize any of that until that happens." Captain
Tolleson stated, "The question asked of me, 'Is that Okay?'. Well, yes that would if it
was approved. And I want to be on the 'Record' saying that I do support the Code."
Discussion.
With discussion on shrubbery obstructing the view of the sign from the road, Captain
Tolleson said, "I can get this taken care of."
"I MAKE A MOTION WE RECOMMEND DENIAL OF THE REQUESTED
WAIVER BASED ON THE STAFF RECOMMENDATION, POSSIBLE SAFETY
ISSUES AND NOT MEETING THE SIX (6) CRITERIA." MOTION BY VICE
CHAIRMAN TAYLOR. SECONDED BY CHAIRMAN WATERS. DISCUSSION.
VOTE:
BOARD MEMBER CAS MAN : AYE
CHAIRMAN WATERS: AYE
BOARD MEMBER FAIRCHILD: NAY
BOARD MEMBER COLLINS: NAY
VICE CHAIRMAN TAYLOR: AYE
MOTION CARRIED.
CITY OF WINTER SPRINGS, FLORIDA
MINUTES
BOARD OF ADJUSTMENT
SPECIAL MEETING - MAY 16, 2005
PAGE40F4
Chairman Waters said, "We had a Motion, we Voted on it and passed the Motion to deny
the Waiver as requested. Is that correct?" Captain Tolleson said, "The Board can't give
that Waiver from the Code as - five feet (5') and - the Board can't do that, only the [City]
Commission. You have to Vote on the Motion as presented and you Voted to deny it.
The Applicant, however, goes to Commission and can present the very same testimony
thathe has, and if at that point if the Commission wants to go with the five feet (5') _
shown, that would be fine and that is their decision. This Board has done a fabulous job
and done what they were required to do."
Discussion.
ADJOURNMENT
Tape 2/Side A
"I MAKE A MOTION WE ADJOURN." MOTION BY VICE CHAIRMAN
TAYLOR. SECONDED. DISCUSSION. WITH CONSENSUS OF THE BOARD
THE MOTION WAS APPROVED.
MOTION CARRIED.
Chairman Waters adjourned the Meeting at approximately 8:35 p.m.
RESPECTFULLY SUBMITTED:
APPROVED:
~d~
THOMAS WATERS
CHAIRMAN, BOARD OF ADJUSTMENT
NOTE: These Minutes were approved at the June 2, 2005 Regular Board Of Adjustment Meeting.
Date: June 13, 2005
This was provided during the discussion of
Public Hearings Agenda Item "402" at the June
13, 2005 City Commission Regular Meeting
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