HomeMy WebLinkAbout2003 08 11 Regular A Gasoline Station Construction
COMMISSION AGENDA
ITEM A
CONSENT
INFORMATIONAL
PUBLIC HEARING
REGULAR X
AUGUST 11. 2003
Meeting
MGR ~DEPT /~
Authorization
REQUEST: The Community Development Department recommends the City Commission
hear a request by attorney Bruce Duncan, agent for A V A-Anthony and/or Kamil Gowni and/or
Phelepateer LLC, for a variance from Section 20-418 of the City Code of Ordinances
(Ordinance No. 2001-13), to allow a gasoline station to be constructed on a site within 350 feet
of another existing gasoline station site or within 350 feet of residential property.
PURPOSE: The purpose of this agenda item is to consider a request by Bruce Duncan for a
variance from Section 20-418 (Ordinance No. 2001-13) of the City Code of Ordinances to
allow a gasoline station to be constructed at 701 East SR 434, at the south-west comer of the
intersection of SR 434 and Hayes Road. The site is closer than 350 feet to the site of the
existing Cumberland Farms convenience store with gasoline pumps and also closer than 350
feet from residential property (e.g. Hacienda Village).
APPLICABLE REGULATIONS:
Sec. 20-82. Duties and Powers; general.
The Board of Adjustment shall make recommendations to the City Commission to
grant any variance or special exception as delineated in this chapter.
(1) The board of adjustment shall have the additional following specific powers
and duties:
a.
b.
c. To recommend upon appeal such variance from the terms of this
chapter as will not be contrary to the public interest where, owing to
special conditions, a literal enforcement of the provisions of this
chapter will result in unnecessary and undue hardship. In order to
August II, 2003
Regular Item A
Page 2
recommend any variance from the terms of this chapter, the board of
adjustment must and shall find:
1. That special conditions and circumstances exist which are
peculiar to the land, structure or building and which are not
applicable to other lands, structures or buildings in the same
zoning district;
2. That the special conditions and circumstances do not result from
the actions of the applicant;
3. That granting the variance requested will not confer on the
applicant any special privilege that is denied by this chapter to
other lands, buildings or structures in the same zoning district;
4. That literal interpretation of the provisions of this chapter would
deprive the applicant of rights commonly enjoyed by other
properties in the same zoning district under the terms of this
chapter and would work unnecessary hardship on the applicant;
5. That the variance granted is the minimum variance that will
make possible the reasonable use of the land, building or
structure;
6. That the grant of the variance will be in harmony with the
general intent and purpose of this chapter, will not be injurious to
the neighborhood, or otherwise detrimental to the public welfare.
(2) In recommending the granting of any variance, the board of adjustment may
recommend appropriate conditions and safeguards. Violations of such
conditions and safeguards, when made part of the terms under which the
variance is granted, shall be deemed a violation of the chapter. The board
of adjustment may recommend a reasonable time limit within which the
action for which the variance is required shall be begun or completed, or
both.
Sec. 20-418. Gasoline stations.
(a) For purposes of this section, a "gasoline station" shall include any building or
structure or parcel of land used for the storage and sale of gasoline or other motor fuels,
whether such storage and sale is a principal or accessory use on the land.
(b) There shall be a minimum air line distance of three hundred fifty (350) feet,
measured in a straight line from the nearest points of lot boundaries, between a proposed
gasoline station and any existing gasoline station or between a proposed gasoline station and
any lot on which a school or playground is proposed or exists.
August 11, 2003
Regular Item A
Page 3
(c) There shall be a minimum air line distance of three hundred and fifty (350)
feet, measured in a straight line from the nearest points of lot boundaries, between a
proposed residential lot, school, or playground and any existing gasoline station.
(d) This section shall not apply to any pending gasoline station application which is
"vested" as provided by law, or any gasoline station lawfully existing and operating at the
effective date of this section. However, if any such gasoline station shall discontinue or
abandon its operation, for at least ninety (90) consecutive days at a property, then this section
shall apply to said property.
Ordinance No. 2001-13 (please see attached)
Settlement Agreement
CONSIDERATIONS:
The site had once received approval for site development and had commenced
construction. The City's Code Enforcement Board had various issues with the site and took
action accordingly. Construction stopped at the site and the applicable City permits expired.
On July 23,2001, the City Commission adopted Ordinance No. 2001-13, defining
gasoline stations and restricting their placement. This subject site was referenced in the fourth
"WHEREAS" clause of the ordinance. The ordinance noted that too many gasoline stations in
one area can cause the area to become a blighted eyesore which greatly diminishes the area in
aesthetic and commercial appeal, that the enhancement of aesthetic appeal is a proper exercise
of police power, and that too many gasoline stations in one area presents a high risk of fire,
explosion, and traffic congestion.
On February 25,2002, the City Commission considered and rejected a proposed
development agreement with A V A-Anthony, Inc., to construct a gasoline station at the site, as
part of a settlement agreement. The proposed development agreement addressed vested rights
and included a conceptual site plan, building elevations, and landscape plans.
On July 22,2002, the City Commission considered and approved a request by A V A-
Anthony for forgiveness of a code enforcement lien of $75,900 against the site at the southwest
comer of SR 434 and Hayes Road. The City and applicant agreed that the fine would be
reduced to $12,500 (estimated actual cost to the City) - the City agreed to drop all pending
legal action and the applicant agreed to drop any vested rights [to construct a gasoline station]
claims. The attached settlement agreement was executed on September 25,2002. The $12,500
has been paid (check # 4932, dated 7/30/02, received by the Finance Dept. 9/25/02).
FINDINGS:
I).The subject site, 701 East SR 434, is located within the C-l zoning district, the
Commercial Future Land Use designation, and the SR 434 Redevelopment Overlay Zoning
District.
August 11, 2003
Regular Item A
Page 4
2). On July 23,2001, Ordinance No. 2001-13 was adopted, creating a 350 foot air line
separation requirement from the nearest points of lot boundaries between a proposed gasoline
station and any existing gasoline station, any lot zoned residential, or any school or playground
that is proposed or exists.
3). The settlement agreement, executed September 25,2002, between the City and
Phelopateer, LLC., states that the applicant waives any claims to vested rights to develop the
site as a gasoline station. Therefore, there is no vested rights claim and no argument may be
made alleging vested rights to develop this site as a gasoline station. The settlement agreement
is binding upon Phelepateer and the City and their successors and assigns (runs with the land).
4).On or about June 11, 2003, the variance application, fee, and letter of authorization
(authorizing Mr. Duncan to represent the owner for the special exception) from Mr. Kamil
Gowni was received by the City.
5). The site is closer than 350 feet of both an existing gasoline station (Cumberland
Farms) and residential property (Hacienda Village to the south and North Orlando, 4th Addition
to the north).
6). The Board of Adjustment is required by Code to find that the variance request meets
all six variance criteria, set forth in Subsection 20-82 (1) (c), in order to recommend approval.
7). The Board of Adjustment and staff did not find that the variance meets the six
criteria for a variance:
1. there are no conditions or circumstances peculiar to the land, which
. are not applicable to other lands in the same zoning district - any site plan
approval and/or other pertinent City permits that ever existed for the site are no
longer valid;
2. special conditions and circumstances, if they exist, are the result of
the applicant;
3. granting the variance requested would convey on the applicant
special privilege that is denied by this chapter to other lands, buildings or
structures in the same zoning district;
4. a literal interpretation of the provisions of this chapter would not
deprive the applicant of rights commonly enjoyed by other properties in the same
zoning district under the terms of this chapter and would not work an
unnecessary hardship on the applicant;
5. the variance requested is not the minimum variance that will make
possible the reasonable use of the land; and
6. granting the variance requested would not be in harmony with the
general intent and purpose of this chapter and would undermine the Code, which
August 11, 2003
Regular Item A
Page 5
could be injurious to the neighborhood, or otherwise detrimental to the public
welfare.
8). A financial hardship does not constitute a hardship in terms of granting a variance.
9). Ordinance No. 2001-13 specifically cites the subject property, states some of the
problems that occur when too many gasoline stations are located in one area, and states that the
enhancement of the aesthetic appeal of the City of Winter Springs is a proper exercise of the
City's police power.
BOA ACTION:
At its July 17,2003, meeting, the Board of Adjustment voted to recommend denial of the
vanance.
RECOMMENDATION:
The Board of Adjustment and staff recommend that the City Commission deny the variance
request.
ATTACHMENTS:
A - Ordinance No. 2001-13
B - Variance application & map
C - Minutes of the February 25,2002, City Commission meeting
D - Minutes of the July 22,2002, City Commission meeting
E - Settlement Agreement
F - Draft BOA minutes
CITY COMMISSION ACTION:
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ATTACHMENT A
)
ORDINANCE NO. 2001-13
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA, ESTABLISHING
DISTANCE REQUIREMENTS FOR GASOLINE FILLING
STATIONS; PROVIDING FOR REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCORPORATION INTO THE CODE; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, this Ordinance is adopted pursuant to the Municipal. Home Rule Powers Act
and the City's inherent police power to zone property; and
WHEREAS, zoning regulations with respect to the erection of filling stations have been
upheld to be a valid exercise of the police power; and
WHEREAS, the City Commission has reviewed the case Stone v. City of Maitland, 446 F.2d
83 (5th Cir 1971).and hereby finds that it is undesirable to locate too many gas stations in one area
because experiences of Florida cities have shown that the probability of business failure in the
gasoline station business is very high in. this competitive area and such.failures result in abandoned
gas stations which in most instances cannot be used for any other commercial purposes; and
---WHEREAS, for example, the City Commission is aware ofthe abandoned gasoline station
located on .State Road 434 in Winter Springs (Texaco), which has been declared a public nuisance
by the City's Code Enforcement Board, he abandoned gasoline station located on State Road 17-92
near t e lty of Casselberry City Hall, the abandoned gasoline station.on the comer of State Road
17-92 and State Road 434, and the abandoned gasoline station near the 1.:.4 on-ramp on State Road
434; and
WHEREAS, the City Commission also finds that too many gasoline stations in one area can
cause the area to become a blighted eyesore which greatly diminishes the area in aesthetic and
commercial appeal; and
WHEREAS, the enhancement of the aesthetic appeal of the City of Winter Springs is a
proper exercise of the police power; and
WHEREAS, the City Commission further finds that too many gasoline stations in one area
presents a high risk of fire, explosion, and traffic congestion. See City of Boca Raton v. Tradewind
Hills, 216 So.2d 460 (Fla. 4th DCA 1969); and
)
City of Winter Springs
Ordinance No.200 1-13
Page I of 3
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. WHEREAS, the City Commission also finds that the lighting standards used by gasoline
stations are very illuminous and can become nuisances if located too. close to residential
developments; and
(.
WHEREAS, based on the findings contained in this Ordinance, it is in the best interests of
the public health, safety, and welfare of the citizens of the City of Winter Springs to establish the
distance requirements contained herein for gasoline stations.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS, HEREBY ORDAINS, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
reference as legislative findings of the City Commission of Winter Springs.
Section 2. Code Amendment. Section 20-417, City of Winter Springs Code is hereby
created to read as follows: (llnderlined type indicates additions to the Code.)
Sec. 20-417 Gasoline Stations.
w
For purposes of this section. a "gasoline station" shall include any building
or structure or parcel ofland used for the storage and sale of gasoline or other
motor fuels. whether such storage and sale is a principal or accessory use on
the land.
(.
ili2 There shall be a minimum air line distance of three hundred fifty (350) feet, ,
measured in a straight line from the nearest points oflot boundaries. between
a proposed gasoline station and any existing gasoline station or between a
proposed gasoline station and any lotzoned residential or any lot on which
a school or playground is proposed or exists.
f!j There shall be a minimum air line distance of three hundred fifty (350)
feet, measured in a straight line from the nearest points of lot boundaries.
between a proposed residential lot, school. or playground and any existing
gasoline station. .
@ This section shall not apply to anypending.gasoline station application which
is "vested" as provided by law. or any gasoline station lawfully existing and
operating at the effective date of this section. However. if any such gasoline
station shall discontinue or abandon its operations. for at least ninety (90)
consecutive days at a property. then this section shall apply to said property.
City of Winler Springs
Ordinance No.200 1-13
Page 2 of 3
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Section 3. Repeal oCPrior Inconsistent Ordinances and Resolutions. All ordinances
and resolutions or parts of ordinances and resolutions in conflict herewith are hereby repealed to the
extent of the conflict.
Section 4. Severability. Should any section or provision of this Ordinance, or any
portion hereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction
to be invalid, such decision shall not affect the validity of the remainder hereto as a whole or part
thereof to be declared invalid.
Section 5. Incorporation Into Code. This Ordinance shall be incorporated into the
Winter Springs City Code and any section or paragraph number or letter and any heading may be
changed or modified as necessary to effectuate the foregoing.
Section 6. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Commission of the City of Winter Springs, Florida.
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the 23rd day of July ,2001.
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ANDREA L
City Clerk ..
ZO-LUACES
S TO LEGAL FORM AND SUFFICIENCY
Y OF WINTER SPRINGS ONLY.
-,
First Reading: July 9, 2001
Second Reading: July 23, 2001
Effective Date of Ordinance: July 23, 2001
F:\DOCS\City of Winter Springs\Ordinances\Gasoline Station jpb.jd
City of Winter Springs
Ordinance No.200 1-13
Page J of 3
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ATTACHMENT B
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,BOARD OF ADJUSTMENT APPLICATION
CITY or WINTER SPRINGS
1126 EAST S~ATE ROAD 434
WINTER'SPRINGS, FL 32708-2799
(407)327-1800
FOR:
x
S~ECIAL EXCEPTION
VARIANCE
'CONDITIONAL USE
ADMINISTRATIVE DECIS10N
1, APPLICANT: B~uce G. Duncan, Agent for Owner';' 'PHQNE 35'2-383-4186
ADDRESS:
308 East Fifth,Avenue, Mou~t Dora; 'Y1o~ipa 32757
2 PURPOSE OF REQUEST: A snecial excpptinn tn' minimum set back
requirements on gas stations contained in Chapter 20-418
3, ATTACH A COPX OF THE PARCEL SURVEY,
4, ATTACH AN 11 X 17 HAP SHOWING THE SUBJECT PROPERTY AND
SURROUNDING PARCELS,
5, ATTACH LEGAL'DESCRIPTION.
6, TAX PARCEL IDENTIFICATION NUMBER; '~" ~ ~..:.~ - stA.~ .,.~~~-~~~C)
7. LOCATION 'OF PARCEL (Street Addre5's and/or ,:Nearest Cross
Streets): S.R. 434 & Hayes Strf'f't
.
"
8, PRESENT ZON I NO: Neighborhood Commerct"UTURE ,LAND USE; Commercial
By Signing below'! understand that City of ~inter Sp~in9s Officials
may enter upon my property to inspect that portion, as rei ates to
this applioation,
(If the applic~nt is not the owner of the subject property, the
applicant must attach a letter of authorization signed by the
owner) ,
Ramil F. Gowni
OWNER-PLEASE T~,
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OWNER-SIONATURE ' .
. ,
PERSONS ARE ADVISED THAT, IF THEY DECIDE TO APPEAL ANY.. DECISIONS
MADE AT THESE MEETINGS/HEARINGS, THEY WILL NEED A ,RECORD OF THE
PROCEEDINGS AND FOR SUCH PURPOSE, THEY WILL NEED TO INSURE THAT A
VERBATIM 'RECORD OF THE PROCEEDINGS IS MADE, 'AT'THEIR 'COST, WHICH,
INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE ,,'~
BASED, PER SECTION 286.0105, FLORIDA STATUTES "
.
SECTION 20-84 - APPEALS FROM DECI~IONS OF THE BOARD OF ADJUSTMENT
(1) Any pe~son, or pe~sons, jOintly or severally aggrieved by
any decision of the Board of Adjustment may, within thirty (30)
days afte~ the filing of any decision in the office of the Board of
Adjustmenl, but not thereafter, apply to' the City Council for
administrative relief, After a hearing before the City Council an
aggrieved party ~ay, within thi~ty (30) da~s after the decision.of
the City' Council, fi 1 e an appeal wi th a court of competent
jurisdiction over the subject matter,
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APPLICATION INSTRUCTIONS
A Sta'ff, Repor!: will be developed for each APPlication, The
AppJ'icant shouJd be prepared to addres,'s each of the issues provided
below for Variance requests.
the ,Board of Adjus,tment mUst make the
2, ~t SDec1a! cond;tions an~ circumstances do not result
from the 'actions of t;., P. aDD! iO'Lt. ' '
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THE APPLICANT IS 'RESPONSIBLE FOR PROVIDING THE CITY HITH THE NAMES
AND ADDRESSES OF EACH PROPERTY OWNER 'WI-THIN '150 FT.' OF' EACH
PROPERTY LINE BY THE SCHEDULED TIME.
, .
THE APPLICANT IS RESPONSIBLE TO POST THE BLUE NOTICE CARD ON THE ;
SITE AT LEAST SEVEN DAYS PRIOR TO THE BOARD OF:AOJUSTHENT HEETING ,.' ~
AT WHICH 'THE MATTER WILL BE CONSIDERED: SAID 'NOTICE SHALL NOT aE'~'
POSTED WITHIN THE CITY RlaHTS-OF~WAY.
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POTTER CLEMENT LOWRY & DUNCAN
ATTORNEYS AT LAW
308 EAST FIFTH A VENUE
MOUNT PORA, FL 32757
E-MAIL ADDRESS:b2:duncan@earthlink.net
DEL G. POTTER, P.A.
G. EDWARD CLEMENT, P.A.
ARCHIE O. LOWRY, JR., P.A.
BRUCE G. DUNCAN, P.A.
PHONE: (352) 383-4186
FAX: (352) 383-0087
June 10, 2003
City of Winter Springs
1126 East State Road 434
Winter Springs, FL 32708-2799
RE: Board of Adjustment Application for Special Exception
To Whom It May Concern:
The undersigned has hired Bruce G. Duncan to act as agent on his behalf in the
filing and processing of the attached application. Mr. Duncan has my authority to take all
steps necessary to see that the application is processed to finality.
Please do not hesitate to contact me if you have any questions or comments in
regard to the foregoing matter.
Very truly yours,
~~~~
Kamil F.' Gowni
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NOTES:
Fire Department Address Map
PRINTED: REVISED:
March 2003 1: 2 :
City of Winter Springs, FL
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Developed By: ENGINEERING " l.AfI) SYSTEMS
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ATTACHMENT C
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - FEBRUARY 25, 2002
PAGE 12 OF 24
The Meeting was called back to order at 8:46 p.m.
REGULAR
D. Office Of The City Manager
Requesting The City Commission To Consider Approval Of A Development
Agreement With Ava Anthony, Inc. To Construct A Gas Station And Convenience
Store At The Corner Of Hayes Road And State Road 434 As Part Of A Settlement
Agreement With The Developer Relative Vested Rights, Including Conceptual Site
Development, Building, And Landscape Plans.
Discussion began with when the attachment referenced in this Agenda Item had been
made available to the City Commission.
Attorney Garganese reviewed some technical changes and stated: "On paragraph 6., right
at the beginning, we just need to put a statement in there that the landscaping obviously is
subject to arbor review through our normal permitting process and any inconsistencies
with the landscape plan that is attached as a concept plan, and our landscape requirements
per Code. Obviously the Code provision would prevail."
In that same section, subparagraph c., there is a question mark, right at the end there.
That should be a closed parenthesis." Attorney Garganese added, "In subparagraph F.,
the second to last line, it says trees and shrubs planted also, that word also should be
removed. Same page, paragraph 8. under 'Lighting.,' the second sentence should read
'Canopy lighting on the Site will be recessed to' maximize lighted areas for customers '"
'Signage.' - the reference to Section 20-486. should be stricken and the sentence will read
'the Site will meet or exceed applicable standards provided in the City Code.' Page 7,
paragraph 18., there is a reference to a fine of $250.00 per day. That should be stricken
and the fine should be an amount not to exceed that provided by Chapter 162, Florida
Statutes." .
Commissioner Blake stated, "Point of Order" and commented on the new pages given
out tonight by Attorney Garganese.
Manager McLemore remarked about Section 5., and stated, "My concern is with the '(but
will not necessarily)' - it gives them the ability to go back precisely to the existing
drawings and say, no we won't do anything." Manager McLemore suggested this to be
amended to state, ".. . Mutually agreed upon minor embellishments or minor
enhancements that the parties can mutually agree upon."
Further, Manager McLemore then said that regarding the "Footwall along Hayes and
along 434, I would like to keep that in as a requirement."
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - FEBRUARY 25, 2002
PAGE 13 OF 24
On page 5. of the Agreement identified in the Agenda Item, Manager McLemore
explained that in Section 7. - it would be his preference to include the language that "The
maintenance would be conducted in such a way to maintain the original condition equal
to or better than the original installation."
Deputy Mayor Gennell inquired, "Was the landscaping plan going to come back to US?"
Attorney Garganese responded, "Yes" and that it would most likely come back during the
"Formal permitting process."
Furthermore, Deputy Mayor Gennell said, "I agree with the City Manager about - a small
wall of some sort, and the purpose of it, but I would encourage everybody concerned to
make sure that it has some breaks in it somehow, to discourage the rollerbladers and
skateboarders. "
Commissioner David W. McLeod spoke about the landscaping retention pond and stated,
"I think if you go back to the original agreement we had with Texaco, it seems to me that
we made them put a hedge around that pond to kind of hide that pond." Commissioner
McLeod added, "I would appreciate it if you would look at that Ron, from what the
original requirement was, on that site before."
Mr. Arran J. Garovitz, Esquire, Lowndes Drosdick Doster Kantor & Reed, P.A., 215
North Eola, Orlando, Florida: as the Attorney for the developer, Mr. Garovitz addressed
the City Commission and stated, "The four (4) points that Mr. McLemore made, we are in
agreement with all of them." Additionally, Mr. Garovitz stated, "On page 5, paragraph
7., it says 'first class' - the word 'first class' is also on page 5, in the second line. If you
are going to change it in one place, you can change it in both."
Mayor Partyka asked Mr. Garovitz to comment on the earlier remarks made by a
representative of Hacienda Village. Mr. Garovitz stated, "The first substantive point that
I wrote down is the connection to the sewer system, and again, this is all approved for
commercial use, whether or not there's gas facilities and if there are problems you know,
we'll deal with them to the extent an ordinary developer would. She asked, 'Can two (2)
stations exist this close?' and I will tell you that we wouldn't be doing this if we didn't
believe the answer is yes. Without a doubt, in our view, they can. She talked about
traffic congestion. We all as you know - there are fairly significant traffic concurrency
standards that we'll have to meet and demonstrate that the transportation works and that
the roads operate in an acceptable level of service; so her point is well taken, but we are
going to need to demonstrate to you before we get a building permit, that that will all
work. "
Mr. Garovitz continued, "The lighting and the landscaping, she probably wasn't aware is
dealt with in a great amount of detail as we were made to do in the Agreement. On the
rented fence, we have provided for reimbursement. We have capped it at a thousand
dollars. I don't know what the bills were, but I remember hearing once they were about a
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - FEBRUARY 25, 2002
PAGE 14 OF 24
thousand dollars, so I didn't want to stipulate to anything and then find out we owe
somebody ten (10) grand for a fence, but, my understanding is, that was about right. And
I think she asked a question about a brick wall in the back and the answer is yes, the brick
in the back will be landscaped on our side and on their side, it will be the same brick as
you see on the renderings."
Mr. Lee Chatas, Dean, Mead, Egerton, Bloodworth, Capouano & Bozarth, P.A., Post
Office. Box 2346, Orlando, Florida: as the legal representative for Cumberland Farms,
Inc., Mr. Chotas spoke on this issue currently before the City Commission for a decision.
Commissioner Martinez stated, "I would. like the record to indicate that Mr. Chotas
telephoned me today for the purposes of discussing this issue - and it was unsolicited -
and the letter that came from the Homeowner's Association was also unsolicited."
Mr. Chotas remarked on this case and the process.
Tape 2/Side B
Deputy Mayor Gennell inquired "Who is responsible for the lift station back there in
Hacienda Village?" Manager McLemore said, "I would need to talk to Kip [Lockcuff] or
one of the Utility people." Discussion ensued on whether it was public or private.
Further discussion.
Commissioner McLeod asked Attorney Garganese for his views on this issue. Attorney
Garganese stated, "The Commission has the discretionary authority to approve pre-suit
Settlement Agreements, which this is. Further, under your State Road 434 Redevlopment
guidelines, it is encouraged that Development Agreements be entered into. This
Agreement is consistent with those guidelines. Furthermore, regarding Development
Agreement's, as you know, generally Development Agreement's are a good means in
which to eliminate uncertainties in development. We have historically as well as
practically every City I would gather in the State of Florida, have entered into
Development Agreement's which approve concepts which - must further comply with the
site plan and engineering processes approved by the governmental agency. This
Agreement is no different than that. It approves conceptual site plans, conceptual
landscaping plans and the processes of the City of Winter Springs must still be complied
with, and the Agreement states that."
Much discussion.
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - FEBRUARY 25, 2002
PAGE 15 OF 24
Commissioner Miller spoke about Impact fees and added, "We still don't have
$44,600.00 in Impact Fees." Commissioner Miller then spoke about the Liens that have
been placed against the property and what will transpire in the future.
Manager McLemore spoke on the record about the merits of Development Agreements.
Tape 3/Side A
Commissioner McLeod commented on the record that if this Agreement goes forward,
that the hours of operation should be included in the Agreement. Mr. Garovitz stated that
"The hours of operation originally were, and still are 6 to 11, and we would be happy to
include that in the Developer's Agreement - 6 a.m. to II p.m."
Further discussion.
Mr. Garovitz then stated, "I agree with all the changes your City Attorney made. I agree
with all the changes that your City Manager made. I would agree with Mr. McLeod's
comment that we could limit the hours of operation from 6 a.m. to 11 p.m."
Mr. Chotas again addressed the Commission and spoke of lawsuits.
"I WOULD LIKE TO MAKE A MOTION - THAT MOTION IS THAT WE DO
APPROVE THE APPROVAL OF A DEVELOPMENT AGREEMENT WITH A V A
ANTHONY, INC. TO INCLUDE COMMENTS - FROM OUR ATTORNEY AND
CITY MANAGER, AS AGREED TO BY AVA ANTHONY, INC.'S ATTORNEY
TO CONSTRUCT A GAS STATION AND CONVENIENCE STORE AT THE
CORNER OF HAYES ROAD AND STATE ROAD 434 AS PART OF A
SETTLEMENT AGREEMENT WITH A DEVELOPER, RELATIVE TO VESTED
RIGHTS, INCLUDING CONCEPTUAL SITE DEVELOPMENT, BUILDING
AND LANDSCAPE PLANS AND THAT THEY WILL FOLLOW THROUGH BY
GOING THROUGH ALL THE PROCESSES ANY OTHER DEVELOPER
WOULD; AND COME BACK THROUGH P AND Z AND LAND
DEVELOPMENT." MOTION BY COMMISSIONER McLEOD. SECONDED BY
COMMISSIONER BLAKE. DISCUSSION.
COMMISSIONER MARTINEZ SPOKE FOR THE RECORD ABOUT STAFF'S
INPUT AND VESTED RIGHTS. MANAGER McLEMORE SPOKE FOR THE
RECORD ABOUT STAFF'S WORK ON THIS PROJECT.
VOTE:
COMMISSIONER McLEOD: AYE
COMMISSIONER MARTINEZ: NAY
COMMISSIONER BLAKE: AYE
DEPUTYMAYORGENNELL: NAY
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - FEBRUARY 25, 2002
PAGE 16 OF 24
COMMISSIONER MILLER: NAY
MOTION DID NOT CARRY.
Attorney Garganese stated, "If the Commission doesn't want to consider entering into an
Agreement, then the applicant has the ability to proceed with the vested rights
determination, which would be held at a later date."
REGULAR
E. Office or The City Manager
Requesting The City Commission To Review The February 2002 Letter From John
Ferring or The Winter Springs Civic Association Regarding Discontinuance or The
Associations Sponsorship Of The Annual Christmas Parade And To Provide
Appropriate Direction.
Mayor Partyka stated, "There are three (3) service organizations in this City - Rotary,
which handles the 4th of July - the Lions which handles the Art Festival" and Mayor
Partyka suggested that perhaps the Kiwanis could assist with this event. Mayor Partyka
explained that he had contacted the President of the Kiwanis Club earlier today and asked
if they would consider handling the City's Holiday Parade. Mayor Partyka added, "He
said yes - he would take it to their Board and at least discuss it and bring it back to the
Commission. "
Commissioner Blake suggested, "Perhaps the BOWS Board [Beautification of Winter
Springs Board] might be able to be involved with this to some degree as well."
With brief discussion, Members of the Commission noted that they were in agreement
that the parade should continue.
Mayor Partyka added, "We'll pass that on, and perhaps I will suggest to the Kiwanians
that they should potentially use the resources of the BOWS Board and any other groups
that are around there."
VIII. REPORTS
REPORTS
A. City Attorney - Anthony A. Garganese, Esquire
Attorney Garganese advised the Commission that the Georgetowne Homeowner's
Association has submitted for review an amendment to their Declarations and Covenants
and there appears to be some inconsistencies." Attorney Garganese asked "Whether the
City Commission wanted to approve the amendment or does the Commission want us to
do it on a Staff level?"
t. . . "
ATTACHMENT D
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - JULY 22, 2002
PAGE 9 OF 26
"AN AMENDMENT TO THE MOTION TO MAKE THE AMOUNT TOTAL
$7,500.00 AND WAIVE ANNEXATION FEES." AMENDMENT TO THE
MOTION BY DEPUTY MAYOR GENNELL.
MOTION DIED FOR LACK OF A SECOND.
VOTE:
COMMISSIONER BLAKE: AYE
COMMISSIONER MARTINEZ: NAY
DEPUTY MAYOR GENNELL: NAY
COMMISSIONER McLEOD: AYE
MAYORPARTYKA: AYE
MOTION CARRIED.
Mr. Wallace inquired, "Should I call the City Manager first?" Manager McLemore
stated, "That would be fine."
REGULAR
C. Community Development Department - Code Enforcement Division
Requests The City Commission Considers The Request Of AVA
Anthony/Phelopateer, LLC For Forgiveness For A Code Enforcement Lien Of
$75,900.00 Against Their Property At Hayes Road And State Road 434.
Mr. Carrington introduced this Agenda Item and gave some brief information regarding
this case and suggested Staff's costs were in the range of$2,050.00.
Attorney Garganese advised the Commission that, "My amount is approximately
$10,000.00 in defending a Mortgage Foreclosure action where the City's Code
Enforcement Lien was in play; filing a Public Nuisance Lawsuit against the owner to
bring the property back into compliance with the Code; and to address a very extensive
Vested Rights IssuelDevelopment Agreement."
Mr. Arran J. Garovitz, Esquire, Lowndes Drosdick Doster Kantor & Reed, P.A., 215
North Eola, Orlando, Florida; as the Attorney for A V A Anthony/Phelopateer, LLC, Mr.
Garovitz addressed the City Commission.
Discussion ensued on what the real costs were, and the many problems associated with
this property.
Tape 3/Side A
"I WOULD STILL LIKE TO MAKE THE RECOMMENDATION THAT WE
MOVE THIS - FORWARD AND WE MAKE THE FINE AT $12,500.00."
MOTION BY COMMISSIONER McLEOD. SECONDED BY DEPUTY MAYOR
GENNELL. DISCUSSION.
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING -JULY 22, 2002
PAGE 10 OF 26
"I AMEND THE MOTION TO INCLUDE A WAIVER - TO AGREE NOT TO
FILE A RELEASE - OF ANY POTENTIAL ACTION ON A VESTED RIGHTS
ACTION." AMENDMENT TO THE MOTION BY COMMISSIONER BLAKE.
COMMISSIONER BLAKE CLARIFIED HIS AMENDMENT TO THE MOTION
AS, "TO AMEND IT TO ADD IN TO THAT $12,500.00 FINE, REQUIRING A
RELEASE FROM THE PROPERTY OWNER OR THEIR REPRESENTATIVES.
OF ANY POTENTIAL FILING OF A VESTED RIGHTS ACTION ON THAT
PROPERTY, IN TERMS OF ANY - POTENTIALLY PRE-APPROVED SITE
PLAN."
ATTORNEY GARGANESE ADDED, "THE APPLICANT HAD SUBMITTED A
VESTED RIGHTS APPLICATION AS WELL AND I THINK THAT IS WHAT
COMMISSIONER BLAKE IS TALKING ABOUT - THAT THE PROPERTY
OWNER RELEASE THE' CITY OF ANY LIABILITY WITH RESPECT TO
THAT VESTED RIGHTS APPLICATION. IN OTHER WORDS, THEY ARE
RELEASING THEIR CLAIM THAT THEY HAVE A VESTED RIGHTS ON THE
PROPERTY REGARDING THAT PREVIOUSLY APPROVED SITE PLAN FOR
THE GASOLINE STATION."
FURTHERMORE, ATTORNEY GARGANESE SAID, "I WAS GOING TO ASK
THE QUESTION TO THE APPLICANT - IF THE COMMISSION APPROVED
THIS REDUCTION, DOES THE CITY COMMISSION THEN BUY A VESTED
RIGHTS LAWSUIT?" MR. GAROVITZ STATED, "WHEN I INDICATED I
SUPPORTED THE CODE ENFORCEMENT BOARD'S RECOMMENDATION,
THAT CAME WITH A STIPULATION THAT WE WOULD VOLUNTARILY
RELEASE, AND I THINK THE TERM WE USED IS RELEASE OUR CLAIM OF.
VESTED RIGHTS REGARDING THE PREVIOUSLY FILED APPLICATION,
AND I THINK WE ARE ALL CLEAR ON WHAT WE MEAN."
SECONDED BY DEPUTY MAYOR GENNELL. DISCUSSION.
VOTE: (ON AMENDMENT)
COMMISSIONER MARTINEZ: NAY
COMMISSIONER BLAKE: AYE
COMMISSIONER McLEOD: AYE
DEPUTYMAYORGENNELL: AYE
MOTION CARRIED.
VOTE: (ON THE MAIN MOTION, AS AMENDED)
COMMISSIONER McLEOD: AYE
COMMISSIONER MARTINEZ: NAY
DEPUTY MAYOR GENNELL: AYE
COMMISSIONER BLAKE: AYE
MOTION CARRIED.
CITY OF WINTER SPRINGS
MINUTES
CITY COMMISSION
REGULAR MEETING - JULY 22, 2002
PAGE II OF 26
Mayor Partyka said, "Mr. Garovitz, I believe you understand $12,500.00. You waive the
right to a Vested - challenge."
REGULAR
D. Office Of The City Manager
Requests The City Commission Schedule A Workshop To Discuss The Need For
Changes To The Code Of Ordinances Related To Accessory Buildings And
Detached Garages (Ordinance 2002-14).
"MOTION TO TABLE." MOTION BY COMMISSIONER BLAKE. SECONDED
BY DEPUTY MAYOR GENNELL. DISCUSSION.
VOTE:
DEPUTYMAYORGENNELL: AYE
COMMISSIONER McLEOD: NAY
COMMISSIONER MARTINEZ: NAY
COMMISSIONER BLAKE: AYE
MAYOR PARTYKA: AYE
MOTION CARRIED.
REGULAR
E. Office Of The City Manager
Requests That The City Commission Make An Appointment To The Metroplan
Orlando Citizens' Advisory Committee, To Replace Mr. Robert J, Lochrane, P.E.
Who Has Recently Resigned.
Commissioner Blake stated, "I have a person, but I can't give his name tonight because
he has not been able to get back to me yet, but he is supposed to this week." Deputy
Mayor Gennell suggested, "Just put it on the next Agenda."
Mayor Partyka advised the Commission that, "I got appointed as Chairman of the
Municipal Advisory Committee which is all the Mayors etcetera - I now have a seat on
the Metroplan Board."
.:..:. AGENDA NOTE: THE FOLLOWING "REGULAR - PART II" AGENDA
ITEM WAS AGAIN DISCUSSED, AS DOCUMENTED. .:. .:.
REGULAR
D. Office Of The City Manager
Requests The City Commission Schedule A Workshop To Discuss The Need For
Changes To The Code Of Ordinances Related To Accessory Buildings And
Detached Garages (Ordinance 2002-14).
Sent By: BROWN,WARO,SALZMAN&WEISS,P.A.j 407 425 9596j
Jun-23-03 10:40AMj
Page 2/16
ATTACHMENT E
AGREEMENT
;)~ ~
THIS AGREEM":l'ff, made and entered into as of the ~ day of ..,>
2002. by and between PlIELOPATEER, LLC. a Florida hmited liability company, whose address is
1348 Valley Pine Circle, Apopka, f'lorida 32712 ("Phelopateer"), and THE CITY OF WINTER
SPRINGS, a Florida municipal corporation, whose address is 1126 East State Road 434, Winter
Springs, Florida 32708-2799 (the "City");
WIT N E SSE T H:
WHEREAS, Phelopateer is the fee simple owner of that certain real property situal~ in
Seminole COW1ty, "'lorida and more particularly described on Exhibit "A" attached hereto (the
"Property"); and
and
WHEREAS, PheJopateer is successor in interest to A V A Anthony, Jnc.. a Florida corporaliun;
WHEREAS, on April 10, 2000. the City's Code Enforcement Board ("Code Enforcement")
issued an Order Imposing PenaltylLicn (the "Order") on the Property due to various code enforcement
violations ($100.00 per day . the "Fine") and the Order was recorded on April 24, 2000 in Official
Records Book 3837, Page 766. of the Public Records of Seminole County. Florida., thereby
constituting a lien against the Property (th~ "lien"); and
WHEREAS, on Apri130, 2001, the City filed a Complaint in Seminole County Case No. 01-
CA-970-16.K, City of Winter Springs v. AVA Anthony, Inc., requesting a permanent injW1ction for
ahatement of nuisance on the Property (the "City Lawsuit"); and
. WHEREAS, on May 10, 200t, the City recorded a Notice of tis Pendens. in which it ~ought
the abatement of a public nuisance on the Property, in Official Records Book 4074, Page 1519 of the
Public Records of Seminole COWlty, Florida (the "Lis Pendens"); and
WHEREAS. on October 16, 2001, the City flIed a Verified Answer and Crossclaim in
Seminole County Case No. 0 I-CA-21 05-14-L, D&F Financial Services v. A VA Anthony. ct al.,
requ~sring a tinal judgment of foreclosure in its favor based 011 the outstanding and accruing Fine (the
"D&F Lawsuit"); and
WHERi4~AS, on March 8, 2002 the Property came into compliance with the City's Code and
an Affidavit of Compliance was issued; and
WHEREAS, on June 14, 2002, Phelopateer submitted an application for Satisfaction or
. Relea"e of Code Enforcement Lien, pursuant to City Ordinance No. 2001-62, with respect to the Lien;
and
WHEREAS, on June 18, 2002, the Winter Springs Code Enforcement Board considered the
Application and recommended to the City Commission. that the Fine. be reduced to S10,OOOOO in
..-~, ..
(/~1I43g\9019m~'H7~6\4
Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.j 407 425 9596j
Jun-23-03 10:40AMj
Page 3/16
exchange for Phelopateer's agreement to waive any vested rights claims that it might have with respect
to the Property; and
W UEREAS. on July 8, 2002, the City Commission considered the Application and reduced
the Fine to $12.500.00, conditioned upon Phelopateer's agreement to waive any claims of vested rights
to construct a gasoline station that it might havt: had prior to July 8, 2002 with respect to the Property;
and
WIU:REAS. Phelopateer desires to waive any claims of vested rights to construct a gasoline
station on the Property that it might have had prior to July R, 2002 with respect to dIe Property; and
WHEREAS. the City desires 10 discharge the Lis Pendens, dismiss the City Lawsuit, satisfy
the Lien and dismis.<;,thc O&F Lawsuit with prejudice,
NOW THEREFOIU:, for and in consideration of the premises hereof and of other good and
valuable consideration. the receipt and sufficiency of which are hereby acknowledged, Phelopateer and
the City do hereby covenant, stipulate and agree as follows:
I. Subje't to and conditioned upon the City's (i) recordation of a discharge of the Lis
Pendens, (ii) recordation of a satisfaction of the {jell. (iii) filing of a dismissal with prejudice of the City
J .awsuit, and (iv) filing of a dismissal with prejudice of the D&F Lawsuit, Phelopateer does hereby
waive My claims of vested rights to constfu\.:t a gasoline station that it might have had prior to July 8,
2002 with respect to the ])ropcrty including, but not limited to, any vested rights which it might have
under the "Site Construction Plans for Texaco," which were prepared by Kimley-Hom and Associates.
Inc, in or about February 1999 ("Site Plan"), and filed with and approved by the City of Winter
Springs, Further, Phelopateer hereby agrees that the Site Plan and any other permits issued by the City
in furtherance of the Site Plan have expired and are null and void.
2 Simultaneously with execution of this Agreenlent by the City, the City does hereby
agree to (i) discharge the Lis Pendens of record by properly executing the Notice of Discharge of Lis
Pendens attached hereto as Exhibit "B"; and (ii) satisfy the Lien of record by properly executing the
Satisfaction ofLicn allached herelo as Exhibit "C," and record both in the Public Records ofS~minole
County. Florida. The City further agrees \0 (i) file a dismissal of the City Lawsuit with prejudice by
properly executing the lJismissaJ with Prejudice attached hereto as Exhibit "D," and (ii) file a dismissal
of the D&F Lawsuit with prejudice hy properly executing the DismissaJ with Prejudice attached hereto
as' Exhibit "E," and file both with the Circuit COUfI of the Eighteenth Judicial Circuit in and tilr
Seminole County, Florida, Additionally, the City agrees to execute other documents reasonably
required to discharge the Lis Pendens. satisfy lhe Lien of record, and dismiss the City Lawsuit and the
O&f Lawsnit.
3. This Agreement shall be binding upon and inure to the benefit of Phelopateer and the
City and their successors and assigns.
4, City and Phelopalcer shall bear thejr Own attorney's fees and costs which were
incurred in the D&F Lawsuit, the City Lawsuit, and in preparing this Agreement.
OJ 84.1 lI\?O 190'J74756\4
.... .
. .,
2
~ent By: BROWN,WARD,SALZMAN&WEISS,P.A.j 407 425 9596j
Jun-23-03 10:41AMj
Page 4/16
IN W ITNESS WHEREO~', the undersigned Phelopateer and Lhe City have executed this
Agreement in manner and form sufficient to bind him as of the date set fonh above.
Signed, sealed and delivered
in the presence of:
~~e-~~N ..
Name:.:1)'.b~1:JR.t; ~.!>"So
---"7--::> - -~___
Name:__~r'\Q..- .~~~ __"_
STATE OF FLORIDA
COUNTY OF ~~.
The foregoing instrument was acknowledged before me this '3" day of ~ +-. ..' 2002
by Kamil Gowni, as Member of Phelopateer, LLC. a Florida limited liability company, on behalf of the
company. He is personally known to me or has produced '. _ __ as identification.
(NOTA.RY SEAL) Not:r/~~~al~--
PHELOPA TEER, lLC,
a Florida limited liability co&-y
'-C-~~-~
By:_...-- -= _.__
KamiJ Gowni, Member .
-....~~~.., ZAYNE L.l(eNN~Y .
~~W. ~~~"MY COMMISSJ()H, CC 838044
. '. 'J' EXPIRES: May 18.2003 .
~ ..,~. "flot;lJg~1lirUNGwyf'\tjl(;l"'lIf_
....i..,-'
"
Typed/Printed Notary Name
Commission No. :...
My Commission Expircs:_...
0384311\1)0 19()\5747~6\4
)
Sent By: BROWNJWAROJSAlZMAN&WEISS,P.A.; 407 425 9596;
Jun-23-03 10:42AM;
Page 5/16
/~ JfI~.
Name; 'b 1'7.'#<t' h(jH__€._~AIV~~/^)
CITY OF WINTER Sf RINGS,
a Florida municipaj corporation
Hy: I~ (/, ti?:JA. ~ _____
Ronald W. McLemore, City Manager
A Lit
N;me:. --7<,-: I-o.....___!.~uk,-~~::~
I
STA TE OF FLORIDA
COUNTY OF ~~.1~ ,~.;; &.-.2
The foregoing instrument was acknowledged hcfore me this ,X'"'lt--day of . ~.rl?t1<~
2002 by Ronald W. McLemore, as City Manager o.f the CITY OF WlNTER sPRiNGS. a Flu;i~
municipal corporation. on behalf of the corporatiot(. H!1'~he is I?ersonally known to me or has produced
as identification.- ,"'- '- .... .,~; " "
\ "
" )' Lh'
L .
~ Notary Public ig{iature
(NOTARY SEAL)
~i:;,~~. ~~,-.l4'''\LG'\___
TypedIPrinted Notary Name
-
Commission No,;
My Commi~sion Exp
AN~R[A lORCNlo-l-tlACES
.b'I)' COMMISSION " Cf 831831
EXP~r;: Mal' 9, 2003
'_SNOt",RV l'b "'::"<:~ "''-llllclt:Glng 00,
0384.18\?O 190\"4 7}('\4
....:.,....
'4
ent By: BROWN,WARO,SAlZMAN&WEISS,P.A.j 407 425 9596;
Jun-23-03 10:42AMj
Page 6/16
EXHIBIT uA"
Parts of Lots 30 and 51 plus vacated street between. Begin 25 feet North plus 50 feet
We:st of the NE Comer of Lot 51. Run South 720138'37" West 437.1 feet, thru North 17021'23/1
West 190.5 feet, then North 12038'17" East 493.41 feet, then South 198,65 feet to the point of
. beginning (less road), ENTZMINGER FARMS ADDITION NO.2, as recorded in Plat Book 5,
Page 9 of the Public Records of Seminole County, Florida, LESS AND EXCEPT that property
conveyed by Public Purpose Deed recorded in Official Records Book 3701. Page 808, Public
Records of Seminole County, florida, more particularly described as follows:
Begin at a point 25.00 feet North and 50 feet West of the Northeast corner of Lot 51,
Entzminger Farms Addition No.2, according to the plat thereof as recorded in Plat Book 5, Page
9, Public Records of Seminole County, Florida; thence South 720:38'31" West for a distance of
~.J4 feet; thence North 00053'23" West along a line 33.00 feet West of and parallel to t.he
centerline of Hayes Road as described in O.R, Hook 1042, Page 220, Public Records of Seminole
County, Florida, for a distance of 186.80 feet; thence South 54"07'23" East for a distance of9.99
feet~ thence South 00053'23" East along the existing Westerly Right-ot:. Way tine of said Hayes
Road for a distance of 178.46 feet to the POINT OF BEGINNTNG.
"
(1)('Hg'90 J SlO\~7473(M
-"~' ~ .
~
Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.; 407 425 9596;
Jun.23.03 10:43AM;
Page 7/16
IN TIlE CIRCUIT COURT OF THE
EIGHTEENTH JUDICIAL CIRClJIT IN AND
FOR SEMINOLE COUNTY. FLORn)A
Case No.: OI-CA-970-16 Division K
CITY OF WINTER SPRINGS, a Flurida
municipal corporation,
Plaintin:
VS.
AVA ANTHONY. INC., a Florida
corporation,
Dcfen.~al1t
I
NOTre}!: OF DISCHARGE O}' US P};NDENS
COMES NOW Plaintilf, Cll'Y OF WINTER SPRINGS, by and through its undersigned
attorneys, and hereby discharges the Lis Pendens liIed in Lhi~ action and recorded in Official
Records Book 4074, Page 1519 of the Public Records of Seminole County, Florida with respect
to the real and personal property, as described on Exhibit "A" atta~hed hereto. The Lis Pendens
/.
-------....
has no force or effect whatsoever.
Anthony A. Garganese
Florida Har No.: 988294
Brown, Ward, Salzman & Weiss, P.A.
225 East Robinson Street, Suite 660
Orlando, FL 32802
Telephone: (407) 425-9566
Telecopier: (401) 425-9596
Attorneys fur
CITY OF WINTER SPRINGS
EXIUDIT "U"
03841313649S\5'1Ei?611\2
.{~,.(;::...:; :...
ent By: BROWN,WARD,SALZMAN&WEISS,P.A.j 407 425 9596j
Jun-23-03 10:43AMj
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CERTifICATE QE SERVICIJ
I HEREH Y CER TJ.FY that a true and correct copy of the foregoing NOlice of Discharge
of Lis Pendens has been furnished by United States Mail to: Gary Soles, F:squire, Lowndes,
Drosdick, Doster, Kantor & ~uth Orange Avenue, Suite SOO, Orlando. Florida
32802, on this J.!ftt'day of. __... .2002.
---....
......-.._.~-_. .
03R41.1\1l649~\~7G2611\2
-<,"\;...: :,:.
Sent By: BROWNIWARDISALZMAN&WEISSIP,A.j 407 425 9596j
Jun-23-03 10:44AMj
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EXInBIT "A"
Parts of Lots 30 and 51 plus vacated street between. Begin 25 teet Nonh plus 50 feet
West of the NE Corner of Lot 5 I. Run South 72o:J8'37" West 437.1 feet, thru NOllh 17021 '23"
West 190.5 feet, then North 72038'37" East 493.41 feet, then South 198.65 fect 10 the point of
beginning (less road), ENTZMINGER FARMS ADDITION NO.2, as recorded in Plat Book 5.
Page 9 of the Public Records of Seminole County. Florida, LESS AND EXCEPT that property
conveyed by Public Purpose Deed recorded in Official Records Book 3707, Page 808, Public
Records of Seminole COUllty, Florida, more particularly described as follows:
Begin at a point 25.00 feet North and 50 feet West of the Northeast corner of Lot 51,
Entzminger Farms Addition No.2, according to the plat thcreofas recorded in PIal Book 5, Page
9, Public Records of Seminole County, Florida; thence South 72038'37" West for a distance of .
8.34 leet; thence North 00053'23" West along a line 33.00 feet West of and parallel to the
centerline of Hayes Road as described in O.R. Book 1042, Page 220, Public Records of Seminole
County, .F1orida, for a distance of 186.80 feet; thence South 54"07'23" East for a distance of9.99
feet; thence South 00053 '23" East along the existing Westerly Right-of-Way line of said Hayes .
R()ad for a distance of 178.16 feet to the POINT OF BEGINNING.
O:lll4 JJ\S649.S\\71S26812
;.j,~/'.
Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.j 407 425 9596j
Jun-23-03 10:44AMj
Page 10/16
This in..\trumenl was prepared by and
should be returned to:
Gary Soles, Esquire
Lowndes. Drosdick. Doster. Kantor
& Reed, P.A.
215 North Eola Drive
PO!;! Office Box 2809
Orlando, Florida 32802
SATISFACTION OF LIEN
CITY OF WINTER SPRINGS, whose address is 1126 East State Road 434, Winter
Springs, FL 32708. being the holder of that certain Order Imposing PenaltylLiell (the "Code
Enforcement Lien") imposed by the Code Enforcement Board of the City of Winter Springs,
Florida on April W, 2000, and recorded on April 24, 2000 in Official Records Book 3837. Page
0766, Public Records of Seminole County, Florida, with respect LO the real property described on
Exhibit "A" attached hereto, in consideration of TEN AND NO/JOO DOLLARS ($10.00) and
other good and valuable considerations. the receipt and sufficiency of which is hereby
acknowledged, hereby acknowledges full payment and satisfaction of the Code Enforcement Lien
and hereby directs that the same shall be and hereby is satisfied in full of record.
TN WITNESS WHEREOF, the undersigned has executed this Satisfaction of Lien this
J S-rh. day Of~, 2002_
CITY OF WINTER SP~N9S
By:J?~L/. ?n~::?
Ronald W. McLem('re,.(;itY'.Manager
(Seal)
EXHIBIT tiC"
... w ."~.
038413186495"76323\2
Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.j 407 425 9596;
Jun-23-03 10:45AM;
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. . ,
STATE OF FLORIDA
COUNTY OF '- ~:''''h.~;\.i'- .~. .'-
. ~+L.. .
The foregoing instrument was acknowledged before me this ~:2-. day uf <:~:;'J,x;..,;:.:.~_
.' by Ronald W. McLemore, as City Manager. of the <:.ITY O:t. WINTER SPRINGS,
on behalf of the said municipality. He is\.personaUy known to me' or has produced
_ as jdentilicat~n:,----'" , -"
0.:. ,:l:_6 L--.--....... ~ .
.. . Notary Publi~ __
Printed Name: ANDREA LORENZ().LVACES
C .. I ~.~1l31e31'
My omnnsslOn " EllP~S: "'.,9.2003
"IIJC>>NOiAPIY Jla........ '"'"'"" l DoncItw Co.
038413\86495\576323\2
Jt;;.:'":
ent By: BROWN,WARD,SALZMAN&WEISS,P.A.j 407 425 9596j
Jun-23-03 10:45AMj
Page 12/16
gXHTBIT "An
Parts of Lots 30 and 51 plus vacated street between. Begin 25 feet North pJus 50 feet
W~Sl of the NE Corner of Lot 51. Run South 72038'37" West 431.1 teet, thm North 17021'23"
West 190.5 feet, then North 72038'37" East 493.41 feet, then South 198.65 feet to the point of
beginning (less road), ENTZMINGER FARMS ADDITION NO.2, as recorded in Plat Book 5,
Page 9 of the Public Records of Seminole County, Florida, LESS AND EXCEPT that property
conveyed by Public Purpose Deed recorded in Official Records Book 3707, Page 808, Public
Records of Seminole County, Florida, more particularly described as foUows:
Begin at a point 25.00 feet North and SO feet West (lfthe Northeast comer of Lot 51,
Entzminger Farms Addition No.2, according to the plat thereof as recorded in Plat Book 5, Page
9. Public Rewrds of Seminole' County, Florida; thence South 72038 '37" West for a distance of
834 leet; thence North 00053'23" West along a line 33.00 feet West of and parallel to the
centerline of Hayes Road as described in O.R. Book) 042, Page 220, Public Records of Seminole
County, Florida, for a distilIlce of 186.80 feet; thence South 54007'23" East for a distance of999
feet; thence South 00053'23" East along the existing Westerly Right-of-Way line of said Hayes
Road for a distance of 178.46 feet to the POINT OF BEGINNING.
038413\!l(,4?S\57632312
Sent By: BROWN,WARD,SAlZMAN&WEISS,P.A.j 407425 9596j
Jun-23-03 10:46AMj
Page 13/16
TN THE CiRCUIT COURT OF THE
EIGHTEENTH JUDICIAL CIRCUIT IN ANO
FOR SEMINOLE COUNTY, FLORIDA
Case No.; 0 l-CA-970-16 Division K
CITY OF WINTER SPRTNGS a Florida
municipal corporation, '
1'laimifT,
vs
AVA ANTHONY, lNC., a Florida
corporation,
... ___. '" Defendant.
I .
NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE
COMES NOW Plaintiff, CITY OF WINTER SPRINGS, by and through its undersigned
attorneys, and files this Notice of Voluntary Dismissal With Prejudice in the above referenced
oct;on f2~ __
Florida Dar No.: 988294
Brown, Ward, Salzman & Weiss, P.A.
225 East Robinson Street, Suite 660
Orlando, FL 32802
Telephone: (407) 425-9566
Telecopier: (407) 425-9596
Attorneys for
CITY OF WTNTER SPRINGS
EXfduIT hD"
;ent By: BROWN,WARD,SALZMAN&WEISS,P.A.j 407 425 9596j
Jun-23-03 10:46AMj
Page 14/16
fERTIFICA TE, OF sERyrcF.
I HEREBY CERTIFY that a true and correct copy of the foregoing Notice ofVoful1(ary
Dismissal with Prejudice has been furnished by United States Mail to: Gary Sules, Esquire,
Lowndes, Drosdiek, Doster, Kantor & R~'th Orange Avenue, Suite. 800,
Orlando, Florida 32802, on this ~ay of __' 2002.
li-
~/- ----
y( ------,-
~ . --
Anthony A. Garganese
0384 I J/R64?5/576ZS0
',,,c:."", . ','
2
lent By: BROWN,WARD,SALZMAN&WEISS,P.A.j 407 425 9596j
Jun-23-03 10:47AMj
Page 15/16
. \
IN THE CIRCUIT COURT OF TI-lli
EIGHTEENTH JUDICIAL CIRCUIT IN AND
I;OR SEMINOLE COUNTY, FLORIDA
Case No.: Ol-CA-2105-J4 L
o & F FfNANCIAJ., SERVICES, a general
partnership. .
Plaintin:
VS.
AVA ANTHONY, INC., a florida
corporation; CITY OF WINTER SPRINGS,
a Florida municipal corporation; VEON &
SONS CONSTRUCTION, INe.; a Florida
corporation; MOnV A . ENTERPRISES,
LLC, a limited liability company formed
under the laws of Delaware; KAMIL F.
GOWNJ, an individual; GEORGE R.
MANSOUR, an .individual; and
UNKNOWN TENANT(S),
_._". Det~ndants.
/
NOTICE OF VOLUNTARY DlSMJSSAL WJTH PRE.nJDJCE
COMES NOW Dcfcudant/Cross-PlailltitT, CITY OF WINTER SPRINGS, by and
tluough its undersigned attorneys, and files this Notice of Voluntary Dismissal With Prejudice of
:~e~:~:::'a~::.~e~:e:::::'PRJNGS, croz a~nst Defendant, A V A ANTHONY,
L~ , -"
Anthony A. Garganese
Florida Bar No.: 988294
Brown, Ward, Salzman & Weiss, P.A
225 E. Robinson Street, Suite 660
Orlando, FL 32802
Telephone: (407) 425-9566
Tclecopicr: (407) 425-9596
Attorrleys for _
CITY O:F WINTER SPlUNGS
:.:'1" 0_\
tXfflBIT "E'~
)ent By: BROWN,WARD,SALZMAN&WEISS,P.A.j 407 425 9596j
Jun-23-03 10:47AMj
Page 16/16
CER T1FICI\TE OF SER.YICE
I HEREBY CERTIFY that a true and correct copy of the foregoing Notice of Voluntary
Dismissal with Prejudice has been furnished by United States Mail to: Mark S. Reisinger.
t:squire, 20 North Eola Drive, Orlando, Florida 3280 I; Lennon E. Bowen. III, Esquire, Bowen
& Campione, P.^-. 600 Jennings Avenue. Post Office Box 926, Eustis, Florida 32727; Jaine..~ R.
.MitcbelJ, .li:squirc, Baker & Hostetler, LLP, 2300 Sun Trust Center, 200 S. Orange Avenue, Post
Office Box 112, Orlimdo, Florida 32802-0112; Robert F. Vason. Jr.. Esqujre, Post Office Box
1430, Mount Dora, Florida 32756; First Unknown Tenant, El Filling Station, c/o RonaJd Diaz,
owner, 846 East Sth Avenue, Mount Dora, Florida 32757; Second Unknown Tenant, c/o
Mafiah'~ Detail, 504 N. Highland Street, Mt. Dora. Florida 32757; Wadi A. Makar, 211 Coral
Sands Drive, Rockledge, Florida 32955; and Gary Soles, Esquire, Lowndes, Drosdick, DostekA_
Kantor~ ~d "' 450 Soulh orange Avenue, Suile 800. Orlando, Florida 32802, this~ T'\
day oK.c , 2002. ~l .
.-- L>---- ---
Anthony A. Garganese
038' 43/86495/')76134
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2
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POTTER CLEMENT LOWRY & DUNCAN
ATTORNEYS AT LAW
TRUST ACCOUNT
308 EAST 5TH AVENUE
MOUNT DORA, FL 32757
4932
63-4311631
PAY
b~~OF City of Winter Springs
DATE July 30, 2002
I $ :.1.2, 500 :O~.
Twelve Thousand Five Hundred and OO/lOO------------------------------------OOUARS--
THE FIRST NATIONAL BANK
MOUNT DORA, FL 32757
tD S.e..,lt,
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Phelopateer
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'***LIVE***REFRESHED 89/28/92** "ISC
..t'. KISCEllANEOUS' CASH RECEIPTS . .
Date 1 Tile : 89/25/92 11:35
PaYl~nt . :$12,599.89
Receipt' : 29b383
Check I: 4932
Clerk '. : dascano . .
Paid By : POTTER CLElfEHT LOWR
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ATTACHMENT F
"
CITY OF WINTER SPRINGS
MINUTES
BOARD OF ADJUSTMENT
REGULAR MEETING
JULY 17,2003
(pOSTPONED FROM JULY 3, 2003)
I. CALL TO ORDER
Chairman Thomas Waters called the Regular Meeting to order Thursday, July 17, 2003
(postponed from July 3, 2003) at 7:01 p.m. in the Commission Chambers of the
Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida
3270_8).
Roll Call:
Chairman Thomas Waters, present
Vice Chairman Jack Taylor, present
Board Member Gary Diller, absent
Board Member John Herbert, present
Board Member Sharon Tackaberry, present
The Pledge of Allegiance followed.
II. CONSENT AGENDA
CONSENT
A. Approval of the June 5, 2003 Regular Meeting Minutes.
Chairman Waters asked the Members of the Board for a "Motion to accept" the Minutes
as presented.
"SO MOVED". MOTION BY BOARD MEMBER TACKABERRY. SECONDED.
DISCUSSION. WITH CONSENSUS OF THE BOARD, THE MINUTES WERE
APPROVED.
MOTION CARRIED.
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CITY OF WINTER SPRINGS
MINUTES
BOARD OF ADJUSTMENT
REGULAR MEETING - IUL Y 17, 2003
(poSTPONED FROM IUL Y 3, 2003)
PAGE20F5
III. REGULAR AGENDA
REGULAR
A. A Request by Attorney Bruce Duncan, Agent for A VA-Anthony and/Or Kamil
Gowni and/Or Phelepateer LLC, For A Variance From Section 20-418. Of The City
Code Of Ordinances (Ordinance Number 2001-13), To Allow A Gasoline Station To
Be Constructed On A Site Within 350 Feet Of Another Existing Gasoline Station Site
Or Within 350 Feet Of Residential Property.
Mr. John Baker, AICP, Senior Planner, Community Development Department presented
the Agenda Item; addressed the "Six (6) criteria"; and advised, "We as Staff do not find
that the request meets the six (6) criteria".
Attorney Bruce G. Duncan, 308 East 5th Avenue, Mount Dora, Florida 32757: presented
renderings of the proposed gas station; provided the Board with the history of the project;
and rebutted Staff's findings with regards to the "Six (6) criteria".
Attorney Duncan advised the Board, "There are additional concessions that are in the
works based on some comments that we have had with Mr. McLemore [City Manager],
in some of our Meetings leading up to this - this hearing tonight." Vice Chairman Jack
Taylor questioned, "What are the additional thirigs - you did not expand on them, the
additional things that you are talking to Mr. McLemore about?" Attorney Duncan
responded, "One (1) of the things as I mentioned is the canopy that sits over the pumps
itself that allows you to drain it - instead of a flat roof. We are talking about a - sloped
roof so that it looks more like a house when you look directly onto the site. Mr.
McLemore indicated that he had seen some of these up in Georgia and found them to be
much more aesthetically pleasing and he asked Mr. Gowni if he would agree to do that.
Mr. Gowni said yes he would do that." Vice Chairman Taylor asked, "Was this recently
that he said this?" Attorney Duncan said, "Yes Sir, this was a month ago. Mr.
McLemore actually talked about next time he was in Georgia he would take photographs
of that particular station for Mr. Gowni to look at and - give it to his Architect or
Engineer so he can make arrangements for that."
Vice Chairman Taylor further asked, "Basically what you are asking for tonight is a
Special Exemption and basically it puts you back to where you were before you gave
away your Vested Rights." Attorney Duncan said, "That is correct Sir." Vice Chairman
Taylor asked, "Are you planning on giving back the City the $63,000.00 dollars that they
forgave you for?" Attorney Duncan responded, "No Sir. We do not have any intention
on doing that."
Chairman Waters spoke for the re~rd regarding gas stations.
..
Discussion.
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Mr. eM. Crawley, Hacienda Village Homeowner's Association President, 206 El ~ .
Camino Real Circle, Winter Springs, Florida: read and distributed a letter of opposition IlL ..
for the record. ~
L....J
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,
CITY OF WINTER SPRINGS
MINUTES
BOARD OF ADJUSTMENT
REGULAR MEETING - IUL Y 17, 2003
(poSTPONED FROM IUL Y 3. 2003)
PAGE30F5
Ms. Antoinette G. Jardin, 15 La Vista Circle, Winter Springs, Florida: suggested that said
property should be required to build a Masonry Wall at the property before any site work
is started.
Tape I/Side B
Discussion.
"I WOULD LIKE TO MAKE A MOTION THAT WE ACCEPT STAFF'S
RECOMMENDATION TO DENY THE VARIANCE FOR A SPECIAL
EXCEPTION AND PASS THAT RECOMMENDATION ON TO THE - WINTER
SPRINGS COMMISSION FOR THEIR ACTION." MOTION BY VICE
CHAIRMAN TAYLOR.
MR. BAKER STATED, "THIS WOULD BE A VARIANCE NOT A SPECIAL
EXCEPTION." VICE CHAIRMAN TAYLOR SAID, "IT IS A REQUEST FOR A
VARIANCE YES - I STAND CORRECTED."
SECONDED BY BOARD MEMBER TACKABERRY. DISCUSSION.
VOTE:
BOARD MEMBER HERBERT: NAY
"Point of Drder" was stated by Chairman Waters who stated, "By voting 'Aye' I am
voting to reject the application. "
CHAIRMAN WATERS: AYE
VICE CHAIRMAN TAYLOR: AYE
BOARD MEMBER T ACKABERRY: AYE
MOTION CARRIED.
REGULAR
B. A Request By Richard Gudenkauf For A Variance From Section 20-486. (please
See Ordinance Number 2000-17) Of The City Code Of Ordinances, To Allow An
Existing Non-Conforming Sign To Remain Within The State Road 434
Redevelopment Overlay Zoning District.
CITY OF WINTER SPRINGS
MINUTES
BOARD OF ADJUSTMENT
REGULAR MEETING-JULY 17, 2003
(poSTPONED FROM IUL Y 3, 2003)
PAGE40F5
Mr. Baker introduced the Agenda Item; clarified that "At the very bottom, under
considerations, 'Eighteen (18) feet from the back of the curve road' - I did make a
mistake there, I put 'Face of curve' versus 'Back of curve"'; and informed the Board that
"We [Staff] do not believe that the Variance request meets the six (6) criteria - financial
hardship does not constitute a hardship in terms of granting a Variance."
Discussion developed.
,Mr. Richard Gudenkauf, 155 West State Road.434, Winter Springs, Florida: requested
the Board Members allow his non-conforming sign remain on State Road 434.
Mr. Steve Perlman, 195 West State Road 434, Winter Springs, Florida: spoke in favor of
the Variance and addressed the six (6) criteria.
Ms. Joan Gudenkauf, 155 West State Road 434, Winter Springs, Florida: was in favor of
the Variance but did not verbally address the Board.
Discussion.
Vice Chairman Taylor spoke of the adjacent property owners "Pole sign" that is not in
compliance with the City Code and asked, "Mr. Baker what is the status of that?" Mr.
Baker said, "Since we sent out the letters in February we have not heard anymore from
them. I do not know if they have been notified by Code Enforcement or not." Vice
Chairman Taylor said, "Could we make a note just to check on that?" Mr. Baker said,
"Yes Sir, we will. I will report back to you at the next Meeting."
"I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE THE REQUEST
BASED ON SPECIAL CIRCUMSTANCES, AND PASS THAT
RECOMMENDATION ON TO THE WINTER SPRINGS COMMISSION FOR
THEIR APPROVAL." MOTION BY VICE CHAIRMAN TAYLOR. SECONDED
BY BOARD MEMBER HERBERT. DISCUSSION.
Mr. Baker asked, "Can I get clarification, are you addressing the sign as it is, both the
copy area as well as the setback?" Vice Chairman Taylor responded, "Yes. I do not
believe changing the copy area would make that.much difference in the sign. The sign
would still be there."
VOTE:
VICE CHAIRMAN TAYLOR: AYE
CHAIRMAN WATERS: NAY
BOARDMEMBERTACKABERRY: AYE
BOARD MEMBER HERBERT: AYE
MOTION CARRIED.
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CITY OF WINTER SPRINGS
MINUTES
BOARD OF ADJUSTMENT
REGULAR MEETING - IUL Y 17, 2003
(POSTPONED FROM JULY 3, 2003)
PAGES OFS
IV. FUTURE AGENDA ITEMS
This Agenda Item was not discussed.
V. REPORTS
No Reports were given.
VI. ADJOURNMENT
"I WOULD LIKE TO MAKE A MOTION WE ADJOURN." MOTION BY VICE
CHAIRMAN TAYLOR. SECONDED BY BOARD MEMBER HERBERT.
DISCUSSION. WITH CONSENSUS OF THE BOARD, THE MOTION WAS
APPROVED.
MOTION CARRIED.
Chairman Waters adjourned the Meeting at 8:27 p.m.
RESPECTFULLY SUBMITTED BY:
HOLLY UNAPPROViOSTANT TO THE CITY CLERK; AND
NORMA PARDO
ASSISTANT TO THE CITY CLERK
City C1erk/Boards and CommitteeslBoard of AdjustmetlallllMINUTES071703 REGULAR.doc.
NOTE: These Minutes were approved at the
, 2003 Board Of Adjustment Regular Meeting.
TRANSMISSION VERIFICATION REPORT
TIME 08/04/2003 09:38
DATE,TIME
FAX NO./NAME
DURATION
PAGE(S)
RESULT
MODE
08/04 09:37
94073245731
00:01:41
05
OK
STANDARD
ECM
Date: 081103
This Petition was handed out on 08/11/03 for
Regular Agenda Item "A" by Mr. Duncan.
..
Jul ~5 ~003 11:16AM POTTER#CLEMENT~LOWRY#DUNC 3523830087
..P~._.
PETITION
We, tbe undersigned residents of tbe City of Winter Springs, support tbe request to
grant a variance to allow for the CODstrudion of a gasoline station and convenience
store at the Southwest corner.of S.R. 434 and Hayes Road.
NAME ADDRESS CITY
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PETITION
We, the undersigned residents of the Cit,y of Winter Springs, support the request to
grant a varlance to allow for the construction of a gasoline station aud convenience
store at the Southwest ~orner.or S.R. 434 and Hayes Road,
.NAME ADDRESS CITY
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PETITION
We, tbe undersigned residents oftbe City of Winter Springs, support tbe request to
grant a variance to allow for the ~ODstru(tion ofa gasoline station and convenience
store at the Southwest ~orneJrof S.R. 434 and Hayes Road.
NAME ADDRESS CITY
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PETITION
We, the undersigned residents of the Cit)' onVinter Springs, support tbe request to
grant a variance to allow for the construction of a gasoline station and convenience
store at the Southwest ~orne:rof S.R. 434 and Hayes Road.
.NAJ\iIE ADDRESS CITY
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PETITION
We, the undersigned residents of the City of Winter Springs, support the request to
grant a variance to allow for the construction of 8 gasoline station and convenience
store at the Southwest ~orDe]rof S.R. 434 and Hayes Road.
NAME ADDRESS CITY
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PETITION
We, tbe undersigned residents of the Cit)' onVinter Springs, support the request to
grant a variance to allow for the construction of a gasoline station aDd convenience
store ae the Southwest (orneJrof S.R. 434 and Hayes Road.
.NAME ADDRESS CITY
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