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Home My WebLink About2003 02 24 Consent B Tattooing and Body Piercing Business Approval COMMISSION AGENDA ~ ITEM B CONSENT X INFORMATIONAL PUBLIC HEARING REGULAR 02/24/03 Meeting MGR. ~ /DEPT I~ Authorization REQUEST: The Community Development Department recommends Approval of a request for a Conditional Use within the City of Winter Springs C-2 District, to allow a Tattoo & Body Piercing business at 883 and 885 North Highway 17-92. PURPOSE: The purpose of this agenda item is to consider a request of the applicant to allow a Tattooing and Body Piercing business as a Conditional Use in the C-2 (General Commercial) zoning district. APPLICABLE LAW AND PUBLIC POLICY: Sec. 20-251. In General. The lands of the C-2 General Commercial District are to be used by a variety of commercial operations which serve the commercial needs of the community, The purpose ofthis district is to pennit the nonnal operation ofthe majority of general commercial uses under such conditions of operation as will protect abutting residential and other noncommercial uses, minimize the interruption oftraffic along adjacent thoroughfares, promote aesthetic and architectural harmony, attractiveness and compatibility within the community, and abide by the performance and development standards of the city, county, state and U.S. government. The District is intended for lands adjacent to or easily serviced by collector and major arterial roads adaptable to higher traffic generating general commercial uses. Sec. 20-254. Conditional Uses. (8) Body piercing and tattoo shops. CHRONOLOGY: January 21,2003- Conditional Use application received by the City, January 29,2003- Noticing to Property Owners within 150' February 24, 2003 Consent Item B February 6, 2003- Board of Adjustment heard the request and recommended Approval. FINDINGS: The request is consistent with all applicable goals, objectives and policies of the City's adopted Comprehensive Plan, The request is in conformance with the purpose and intent of the City Code and with all applicable requirements. No changes are being proposed to the existing development. Considering the type and location of uses involved and the general character of the area, the request would not result in any incompatible land uses, including such factors as height, bulk, scale, intensity, traffic, noise, drainage, dust, lighting, appearance, and other factors deemed important. BOARD OF ADJUSTMENT: At its regularly scheduled meeting of February 6,2003, the City of Winter Springs Board of Adjustment heard Mr, & Mrs. Burkhart's request for a Conditional Use and voted to recommend Approval of the Conditional Use. STAFF RECOMMENDATION: Staff recommends Approval of Primal Urge Tattooing & Body Piercing as a Conditional Use on the subject property at 883 & 885 North Hwy 17-92. ATTACHMENTS: A. Summary of Application B. Location Map & Site Plan C. Conditional Use Application D. Letter to Property Owners within 150' E. Board of Adjustment Draft Minutes from February 6,2003 COMMISSION ACTION: U:\Commission\022403 _ Consent_ B _Tattoo _ Conditional_ Use.doc February 24, 2003 Consent Item B ATTACHMENT 'A' SUMMARY OF APPLICATION: Applicant: Beth Burkhart, President Vincent Burkhart, Vice President Primal Urge Tattooing & Body Piercing mc, 883/885 Hwy 17-92 Winter Springs, Florida 32750 Property Owner: Brucato Family Trust 897 Paddington Terrace Lake Mary, Florida 32746 Site Information: Parcel Number - 28-20-30-5AS-OBOO-Oll 0 Location - Primal Urge Tattooing & Body Piercing is a tenant in the building owned by the Brucato Family Trust at 883 & 885 North Hwy 17-92 located on east side of Highway 17-92 , just south of Shepard Rd. There are 2 other tenants (precision Window Tinting & Boxes Etc,) directly adjacent to the Applicant which share the same parking lot and are within the same structure, Existing Land Use - The adjacent land uses (on the same parcel of land) are Commercial. Adjacent parcels (under other ownership) are also used commercially, Some of these parcels are within Winter Springs, while others are in the County. Nevertheless, the County and City have similar objectives related to existing land use, zoning and future land use designations along this section of Highway 17-92, as shown in the table below, February 24, 2003 Consent Item B (WS) Winter Springs; (SC) Seminole County; (0) Oviedo Existing Land Uses Zoning FLUM Subject Site Commercial C-2 (WS) Industrial (WS) 887 N Hwy 17-92 Precision Window Tinting 883 N Hwy 17-92 PRIMAL URGE T A ITOO 881 N Hwy 17-92 Boxes Etc. 875 N Hwy 17-92 Land Poultry 875B N Hwy 17-92 Big B Produce 863 N Hwy 17-92 JMR Prod Inc North - N Hwy 17-92 ,Vacant C-2 (WS) Industrial (WS) 975 N Hwy 17-92 (Commercial) Five Pt. Motors C-2 (SC) Commercial (SC) --..----..,--.....-....-------.... _.R_~._.__.._R_R_.~_..____...__.____._~ ._.~-_._---_..._._-- ._---_._.__._._-_._--_._-_._-----_.~ South 855 N Hwy 17-92 (Commercial) Cycle Riders C-2 (SC) Commercial (SC) 821 N Hwy 17-92 (Commercial) US Pawn C-2 (WS) Industrial (WS) ---------,_....--,-,.. ------------------.. ...---.--..--------. .---.-...------.--.---....--.---.------ East - N Hwy 17-92 ....(g,?~erci~!t~~_ H~mes _,_ f-~-2 (WSl.__, J_~~us~i~!.L~__________ - N Hwy 17-92 (Commercial) Wallace C-2 (WS) Industrial (WS) -------.--.-.,.------.--- -----.--.-------.----- ....-----..--------.. -.-----..---.........---.--.--------....-- West 1018 N Hwy 17-92 (Commercial) Church C-2 (SC) Industrial (SC) 930 N Hwy 17-92 (Commercial) Ruben's Tire M-l (SC) Industrial (SC) 920 N Hwy 17-92 (Commercial) M-l (SC) Industrial (SC) 880 N Hwy 17-92 (Commercial) C-2 (SC) Industrial (SC) 850 N Hwy 17-92 (Commercial) C-2 (SC) Industrial (SC) Development Trends - The subject site is already developed. The proposed Conditional Use is consistent with the general character of the C-2 Zoning along Highway 17-92. Letters/Phone Calls In Favor Or Opposition - Letters from the following individuals were submitted by Primal Urge Tattoo and Body Piercing when application was made on January 21,2003, These individuals have no objection to the tattoo studio: Marcia Brucato with Brucato Family Trust at 975 Paddington Terrace, Lake Mary, FL 32746 Damian Jeurgot (sp?) with Window Tinitng at 887 N Hwy 17-92 Bob Brucato with Boxes Etc. at 881 N. Hwy 17-92 Kathy Brucato with Big B Produce at 875 N. Hwy 17-92 Alan Dormeister (sp?) with Used Car Lot at 1010 N. Hwy 17-92 Ruben Feliz (sp?) with Tire Service at 930 N. Hwy 17-92 (?) with Car Mechs Inc. at 920 n. Hwy 17-92 Jason Sykes with Technologies WS at 700 Castlewood Dr. February 24, 2003 Consent Item B ATTACHMENT 'B' LOCATION MAP: ,~G 02$A 586ft ' ~ SITE PLAN: N I r I . , r- i - I ~ I I .:r ~ j :::> 't .. CIt , ~ as :\ " , r'O' ';0, , \. .;~ ../ I: : "l~ -1 "";~:r." ..:.r......r~ :; I ... .-:..... ---,. 1\ · t,,"I~ __4 . . . . .' ""1 ... '-. -' '~'t~_ ~. ~ '~\"-" 11 _ __'~_---,,_ _c=t .' "'.1 ..,. /' <I.. ~__~t.l.~" :.. ~ """ PU\N - , ,~O\'l.."l1-l February 24, 2003 Consent Item B ATTACHMENT 'c' :;d;, , 62t)() d:rV ) ..:.. ," '" , ,. ,> 'BOARD OF ADJUSTMENT APPLICATION ! CITY OF'KI~TER SPRINGS .' 1126 ~AST STATE ROAD,434 iWINTER'SPRINGS. FL 32708-2799 (407 )327-1800 3. ATTACH A COPX OF THE PARCEL SURVEY. , , , '. 4. ATTACH AN ll,x 17 MAP SHOWING THE St!BJ_~.AND SURROUNDING PARCELS, ' " ~~.~~ 5. ~TTACii LEGAL' DE$CRIPTION. , .,' JAN, I r'lDD! ' ;j 6. TAX,PARCEL ~DENTIFicATION NU~BE~i';:)Si':~~e~()" DUO , , , 7. LOCATt.O 'OF PARCEL (streetAddr~s's' and/or ,:Nearest Cross streets): fc) :, 6. -' . -;.',<,\ ',' . (- . :l". 8. PRESENT ZONING: C-.- ~ ',' FUTURE ,L!\Nb uSE: \I(\~\~ .~. " By Sigping below' I u'nderstand that City o.t'Winter Sprin'9s Officials may enter upon my property to inspect that portion as relates to this applica~ion; .' , (If the app1!ci\nt is not the ,owner of the sub,:lect property, the applicant must attach' a letter of authori'zation, signed by the owner) . ' " , ' , " " 1<~\~\ (),~ ~~~\'~ ~~~:.R\~~0 ~.6:~~ "' ~~~ ~G:~~\~~) V~T13(4Joc>.,d-("p) ~. . f ~ . . '. ::. . PERSONS ARE ADVISED THAT, IF THEY DECIDE' TO APPEAL ANYI'DECISIONS HADE ,AT THESa NEETIN~S/HEARINOS, THEY MItL NEED A,~ECOR6 OF THE PROCEEDiNGS AND FOR SUCH PURPOSE, THEY WILL NEED TO INSURE THAT A VERBATIH'RECORD f)FTH'E PROCEEDINGS IS NAPE, 'AT'THE'IR 'CoST, WHICH r _ INCLUDES THE'TESTIMONY AND EVIbENCE UPON HHICH THE APPEAL IS TO BE .}~ BASED, PER SECTIO~ 286.010~, FLORIDA STATUTES '.,' SECTION 20-84 - APPEALS FROM DECI~IONS OF THE BOARD OF ADJUSTMENT (1) Any person, or persons,' :lointly or severally a99'rieved by, any decision of the Board of Ad:lustment may, within thirty (30) d~ys.after the filing of any decision i,l) the office of the Board of Ad'jUstment I, but not thereafter,' appl y ,to' the 'City Counci I f.or administrative ~e1ief. After a hearing.before the Cfty,council an aggrieye4 ~arty mail ~ithin thirty {30)' days a(ter th~ decision of the city Council; fil e an appeal w~ th a court of Cl'ompetent jurisdiction over, the tubje6t matteti ' '-.. February 24, 2003 Consent Item B ATTACHMENT'D' LETTER'TO PROPERTY OWNERS WItinN 150': CITY OF WINTER SPRINGS COMMUNITY DEVELOPMENT DEPARTMENT 1126 STATE ROAD 434 WINTER SPRINGS, FL 32708 407-327-5967 FAX:407-327-6695 NOTICE OF PUBLIC MEETING January 27, 2003 Dear Property Owner: The City of Winter Springs Board of Adjustment will conduct a Public Meeting on Thursday, February 6, 2003, to hear a request for a Conditional Use within the City of Winter Springs C-2 Zoning District, to allow a Tattoo and Body Piercing business at 883 & 885 North Hwy 17-92, Winter Springs, Florida 32750. The meeting will be held at City Hall in the City Commission Chambers, starting at 7:00 P.M, The property is described as follows: ", Parcel #: 28-20-30-5AS-OBOO-0110 Legal Description: LEG LOT 11 (LESS EL Y 300 FI) Block B OAK GROVE PARK Plat Book 7 Page 83 ' If you have any questions about this application, please contact me at (407) 327. 5967 or FAX (407) 327, 6695. Thank you, Eloise M. Sahlstrom, AICP, ASLA Senior Planner February 24, 2003 Consent Item B ATTACHMENT'D' PROPERTY OWNERS WITHIN 150': Brucato Family Trust RE: Property located at: 881 H wy 17-92 Parcel # 28-20-30-5AS-OBOO-OII0 897 Paddington Terrace Lake Mary, Florida 32746 Longwood Church of Christ Inc Attn Thomas E. Thompson RE: Property located at: 1018 N. H wy 17-92 Parcel # 28-20-30-5AS-OAOO-0 150 212 Sanora Blvd. Sanford, Florida 32773 Nicholas L & Gayle Gattuso RE: Property located at: 975 Hwy 17-92 Parcel # 28-20-30-5AS-OBOO-0130 1110 Cambridge Ct. Longwood, Florida 32779 Brian Connaughton, Vivian Connaughton, & Gloria Yallico RE: Property located at 1010 N H wy 17-92 Parcel # 28-20-30-5AS-OAOO-0140 7220 Hwy 17-92 Casselberry, Florida 32707 Ronald K. Wallace & Leigh 1. Wallace RE: Property located along Hwy 17-92 Parcel # 28-20-30-5AS-OBOO-0120 612 Fallsmead Circle Longwood, Florida 32750 Ruben Tire Service Corp. RE: Property located at 930 N. Hwy 17-92 Parcel # 28-20-30-5AS-OAOO-0130 930 N. Hwy 17-92 Longwood, Florida 32750 The Wallace Seat Companies Inc, RE: Property located along Hwy 17-92 Parcel # 33-20-30-523-0000-00AO P.O. Box 521161 Longwood, Florida 32752 Mounir Wakas RE: Property located at 920 N Hwy 17-92 Parcel # 28-20-30-5AS-OAOO-0120 # 28-20-30-5AS-OAOO-012A 920 N, Hwy 17-92 Longwood, Florida 32750 Sun Homes of Orlando, Inc. RE: Property located along H wy 17-92 Parcel # 33-20-30-523-0COO-0000 700 Riverbend Blvd. Longwood, Florida 32779 Essie L., Connie & Jimmie Ramsey RE: Property located at 880 N Hwy 17-92 Parcel # 28-20-30-5AS-OAOO-OIIO P.O. Box 1352 Sorrento, Florida 32776 Mitchell D & Lynn S. Marqui RE: Property located at 855 Hwy 17-92 Parcel # 33-20-30-501-0000-0010 3759 Brantley Place Circle Apopka, Florida 32703 Jolm Mollica, Rae Mollica, & Cannine Briscese RE: Property located at 950 N. Hwy 17-92 Parcel # 28-20-30-5AS-OAOO-0 I 00 2143 Conifer Avenue Winter Park, Florida 32792 February 24, 2003 Consent Item B ATTACHMENT 'E' BOARD OF ADJUSTMENT DRAFT MINlJTES: CITY OF WINTER SPRINGS PARTIAL MINUTES BOARD OF ADJUSTMENT REGULAR MEETING FEBRUARY 6, 2003 I. CALL TO ORDER DR4J:r Chairman Tom Waters called the Regular Meeting to order Thursday, February 6,2003 at 7:05 p,m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32?~8). I Roll'Call: Chairman Tom Waters, present Vice Chairman Jack Taylor, present Board Member Gary Diller, absent Board Member John Herbert, present The Pledge of Allegiance and a moment of silence "To remember the astronauts" followed. ~ II. CONSENT AGENDA CONSENT A. Approval Of The December 5, 2002 Regular Meeting Minutes. Chairman Waters asked that a "s" be added to his name on "Page 2, last paragraph." "I MAKE A MOTION TO APPROVE THE MINUTES AS COR.RECTED." MOTION BY VICE CHAIRMAN JACK T AYLOR. SECONDED BY BOARD MEMBER JOHN HERBERT. DISCUSSION. WITH CONSENSUS OF THE BOARD, THE MOTION WAS APPROVED. MOTION CARRIED. III. ' REGULAR AGENDA REGULAR A. Election of Officers "I MAKE A MOTION THAT WE LEAVE THE OFFICERS AS THEY ARE." MOTION BY VICE CHAIRMAN TAYLOR. SECONDED BY BOARD MEMBER HERBERT. WITH CONSENSUS OF THE BOARD, THE MOTION WAS APPROVED. MOTION CARRIED. DRAFT REGULAR B. Request For A Conditional Use Within The City Of Winter Springs C-2 Zoning District, To Allow A Tattoo And Body Piercing Business At 883 and 885 North Highway 17-92. The Agenda Item was introduced by Ms. Eloise Sahlstrom, AICP, ASLA, Senior Planner, Community Development Department. Chairman Waters disclosed past "Dealings with the Property Owner of this business in my other job. I did talk to the City Attorney about it and we agreed that it does not effect the decisions we make here tonight. I don't stand - anything to gain financially from it- and it is my responsibility to go ahead and hear and vote on it." "I MAKE A MOTION TO PASS ON TO THE COMMISSION THE STAFF RECOMMENDATION THAT APPROVAL OF THE PRIMAL URGE TATTOOING AND BODY PIERCING AS A CONDITIONAL USE BE APPROVED." MOTION BY VICE CHAIRMAN T AYLOR. SECONDED BY BOARD MEMBER HERBERT. DISCUSSION. VOTE: BOARD MEMBER HERBERT: AYE CHAIRMAN WATERS: AYE VICE CHAIRMAN TAYLOR: AYE MOTION CARRIED. 4:::-r;;j/ % THOMAS WAT S, CHAIRMAN BOARD OF ADJUSTMENT O\t~f'\ APPROVAL OF PARTIAL MINUTES: