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HomeMy WebLinkAbout2003 08 11 Regular B Non-Conforming Signs within SR 434 Redevelopment Overlay Zoning District COMMISSION AGENDA ITEM B CONSENT INFORMATION PUBLIC HEARING REGULAR X August 11. 2003 Meeting MGR. roEPT. ~ Authorization REQUEST: The Community Development Department recommends the City Commission hear a request by Richard Gudenkauf for a variance from Section 20-486 (please see Ordinance No. 2000-17) of the City Code of Ordinances, to allow an existing non-conforming sign to remain within the SR 434 Redevelopment Overlay Zoning District. PURPOSE: The purpose of this agenda item is to consider a request by Richard Gudenkauf for a variance from Section 20-486 of the City Code of Ordinances to allow his existing non- conforming monument sign to remain in the front of his business at 155 West SR 434 beyond the November 14,2002, amortization deadline. Mr. Gudenkauf contends that there is no other place for his sign, which is in conflict with the 10 foot setback [from the property line] and maximum copy area requirements. APPLICABLE CODE: 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 11, 2003 Regular Item B 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 ofthe 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 ofrights 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. 20-103. Restrictions upon lands, buildings and structures. (c) Percentage of occupancy (lot). No building or structure shall be erected., .nor shall any open space surrounding any building or structure be encroached upon or reduced in any manner except in conformance with the building site requirements ... for the district in which such building or structure is located. Sec. 20-486. Signs. August II, 2003 Regular Item B Page 3 All signs and sign elements, including shape, form, lighting, materials, size, color and location shall be subject to approval by the design review board if such signs or sign elements are visible from adjacent properties or a street right-of-way. (1) Ground mounted multi-tenant or project identification sign: For each multi-tenant development under separate ownership, one (1) wide-based monument style permanent sign with landscaped base identifying the name of the development and businesses within the development shall be permitted. For development with five hundred (500) feet of frontage or more on a major road, one additional sign may be permitted. The minimum separation for all signs on an individual ownership parcel shall be two hundred (200) feet and: a. Shall only advertise the name of the commercial development companies, corporation or major enterprises within the commercial development. The primary address of the building shall be incorporated into the sign with numerals/Ietters a minimum of eight (8) inches in height, but the address shall not be counted against allowable copy area. b. Shall be located no closer than ten (10) feet from front, side, or rear property lines. c, Shall have a maximum of two (2) faces. d. Shall be consistent in design, format and materials with the architecture of the proposed building(s). e. . A wall sign shall not be higher than eight (8) feet above the closest vehicular use area. f. Landscaping shall be incorporated around the base to include low growing shrubs and ground cover and/or annuals to promote color. g. Signs shall be in accordance with the following schedule: Building Size Maximum Copy Area (Gross Floor Area) Under 75,000 SF 32 SF Maximum Height 12 feet (2) Ground mounted single-tenant identification sign: One (1) wide-based monument style permanent project identification sign shall be permitted per single-tenant parcel. One additional permanent wide-based monument style project identification sign may be permitted for parcels in excess of one (1) acre with more than one (1) ingress/egress serving more than one (1) building. The minimum separation for all signs on an individual ownership parcel shall be two hundred (200) feet. a. Shall only advertise one (1) person, firm, company, corporation or major enterprise occupying the premises. b. Shall be located no closer than ten (10) feet from the front, side or rear property lines. c. Shall not exceed two (2) faces. d. Sign copy area shall not exceed thirty-two (32) square feet per face. For parcels in excess of four (4.0) acres, the project identification sign face may be increased to forty- eight (48) square feet. e. Shall be consistent in design, format and materials with the architecture ofthe proposed building. f. The sign shall not be more than eight (8) feet in height above the closest driveway or vehicular use area. August 11, 2003 Regular Item B Page 4 g, Signs shall be in an enclosed base a minimum width of two-thirds (2/3) the width of the sign. Landscaping shall be incorporated around the base to include low growing shrubs and ground cover and/or annuals to promote color. Ordinance No. 2000-17 (please see attached) CONSIDERATIONS: On November 10, 1997, the City Commission adopted Ordinance No. 683, which, among other things, created the SR 434 Redevelopment Overlay Zoning District. It also set forth standards for signage and provided a 5-year maximum amortization period for signs that were not in compliance with the new standards. On June 12,2000, the City Commission adopted Ordinance No. 2000-17, which provided that any sign, other than a billboard, could be amortized and maintained until November 14, 2002. At or prior to November 14, 2002, all nonconforming signs must be removed and may be replaced with signs that conform to the design standards set forth in the S.R. 434 Redevelopment regulations. All directly affected property owners were notified at or about the time Ordinance No. 2000-17 was adopted. As a reminder of the up-coming deadline, on July 26,2002, former Community Development Director Charles Carrington sent each property owner with a sign in either of the SR 434 districts. The subject site has C-I Zoning, a Commercial Future Land Use designation, and is located within the SR 434 Redevelopment Overlay Zoning District. Mr. Gudenkauf operates a business at the site, Staffhas suggested that the businesses at this site and the adjacent site to the east share a monument sign along the common boundary that divides their sites from one another - which would minimize the variance need and not compromise either vehicular circulation or public safety because it would require only a variance from the side setbacks. The applicant rejected this alternative. Another potential location exists near the northwest corner of the building, in a landscape island. The existing sign is located within about 6 inches of the sidewalk that extends east and west along the south side of SR 434. This is inconsistent with the 10 foot setback [from the right-of-way] requirement set forth in Subsection 20-486 (1) (b) of the City Code of Ordinances. Along this portion ofSR 434, the right- of-way appears to extend approximately 18 feet behind the back of the curb. The applicant states that the sign was permitted with the building, during the 1980s. He further states and staff agree that this is an attractive monument sign, particularly in contrast to a pole sign, It does not constitute any known public safety issue. However, the request does not meet the variance criteria set forthrin the Code. August 11, 2003 Regular Item B Page 5 FINDINGS: 1).The subject site, 155 W. SR 434, is located within the C-l zoning district, the Commercial Future Land Use designation, and the SR 434 Redevelopment Overlay Zoning District. 2).The SR 434 Redevelopment Overlay Zoning District sign standards have been in effect since November lO, 1997, with the adoption of Ordinance No. 683. 3). On June 12, 2000, Ordinance No. 2000-17 amended the amortization deadline set forth in Ordinance No. 683 and set forth a November 14,2002, deadline for existing non-conforming signs to be removed and replaced with signs that conform to Code. 4).On or about May 29,2003, the incomplete variance application (no abutters list) was received by the City. The applicant provided the name and address of one nearby proprietor on June l2, 2003. 5).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. 6). Staff does not find that the variance meets the six criteria for a variance: 1. there are no conditions or circumstances peculiar to the land, structure, or buildings which are not applicable to other lands, structures, or buildings in the same SR 434 Redevelopment Overlay Zoning district; 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 privileges that is denied by this chapter to other lands, buildings or structures in the same overlay 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 overlay 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, building or structure; 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 could be injurious to the neighborhood, or otherwise detrimental to the public welfare. 7). A financial hardship does not constitute a hardship in terms of granting a vanance. August 11, 2003 Regular Item B Page 6 8). At its May 12, 2003, meeting, the City Commission voted to allow affected property owners apply for a sign variance without paying the $500 variance fee. 9), The sign does not meet the 10 foot setback from the SR 434 right-of-way set forth in Subsection 20-486 (l) (b) of the City Code of Ordinances. 10).The sign has a copy area of approximately 42 square feet (7' x 6'), instead of the 32 square foot maximum copy area set forth in Section 20-486 of the City Code of Ordinances. BOA ACTION: At its July l7, 2003, meeting, the Board of Adjustment voted to recommend approval of the variance request to allow the existing sign to maintain its current location (setback) and copy area. RECOMMENDATION: The Board of Adjustment recommended approval of the variance request (setbacks and copy area). Staff recommends that the City Commission deny the variance request pursuant to the six variance criteria set forth in Subsection 20-82 (l) (c) of the City Code of Ordinances. A TT ACHMENTS: A - Ordinance No. 2000-17 B - Variance application & map C - July 26, 2002, Charles Carrington letter D - Correspondence E - May 12,2003, minutes F - Picture of sign G - Draft BOA minutes CITY COMMISSION ACTION: f ~ ATTACHMENT A .ti; ORDINANCE NO. 2000-17 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORrDA AMENDrNG THE CITY OF WrNTER SPRINGS CODE OF ORDINANCES, SECTION 20-466 AND SECTION 20-454 DEALING WITH SIGNS ALONG S.R434; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission of Winter Springs created a special overlay zoning district ,'. to encourage and provide for enhanced property development within the S.R. 434. commercial corridor, and WHEREAS, the City Commission of Winter Springs desired to reduce visual distraction through uniform sign criteria, and WHEREAS, The City Commission of Winter Springs recognizes that existing businesses. within the overlay district may have nonconfonning signs whose replacement may impose a fltlanciaf hardship, and WHEREAS, the City Commission however, finds that nonconforming signs are not favored. by law and shall, within a reasonable time proscribed herein, be amortized, removed, and replaced with a new sign conforming to existing city codes, NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Winter Springs Code Section 20-454 and 20-466 are hereby amended as follows: (underlined type indicates additions and strilceotit type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in Section 20-454 and Section 20-466. It is intended that the text in Section 454 and Section 20-466 denoted by the asterisks and set forth inthis Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). Section 20-454 Signs. * * * (r) Nonconforming Signs. (1) Any sign, other than billboards, AfrYiflg-an-eAgtAal cost in excess of one hundred (-$+90f-6eltaf5-arul which is nonconforming as to pCAlliH~y other reason whi6fl-weI::tIEi-Acoessitate the-oom~ete remeval-eF-teffiH:e~laeemeRt of the sigtt, shall be amortized and may be maintained until November 14. 2002 .a-per~ed offro~nc(i) to City or Will(cr Sprillgs OnJillallcc No. 2()()().17 Page I or tl ~ 2 {i-ve-(~1-yeaI'S fr-em4he-effec4ive-6at-e-ef-t-hese-eeSfgR--SHlnaar-eS. =f-he-t.eFffl--ef-years to be a el.eHHined-e y-+He-oost--ef:-dle--sib>fl-BF--ef-reAevatieA~ Aetuaing-instaUatt<'H+,-shaU-ae--as fell ewS'- Gr~gffial-stgn-c--est-e r RenevatH7n Cost Per-mitted Years from Effective Date of Design Standards alG-$3,000 ~01 $10,000 Over $10,000 2 3 5 (2) l'.flY O'Nner of a sign who desires to rely upon an amortization period longer than three(J) years shall file with the City within one (I) year from the effective date of these design standards, a statement setting fDrth the oost and date of the most rcaent renevatien, and a written agreement to remove or bring into conformance the nonconfonning sign at or prior to the expiration of the amortization period applicable to that sign. The maximum period to amortize a sign shall be five (5) years. At or prior to November 14. 2002. all nonconforming signs shall be removed and may be replaced with signs that confonn to the design standards set forth in the S.R. 434 New Development regulations. (3) Violations shall be subject to Chapter 2, Article 3. Division 2 Code Enforcement, City of Winter Springs Code of Ordinances. Section 20-466 Signs * * * ( r) Nonconforming Signs. ( I ) Any sign, other than billboards, having Ilfl original oost in excess of ORe hundred ($100) dollars and which is nonconfonning as to pennitted sign area or any other reason whioh woltkl-Reocssitate the oomplete removal or replaoement of the sign, shall be amortized and may be maintained until November 14,2002. a period of from one (1) to five (5) years from-tflc cffcctivc date of these design standards. The term of years to be aetefmifl~c oost of the sign or of renovation, ineh:latng installation cost, shall be as-feUew57 City of Winter Springs Ordinllllee Nu. 2()()(J-17 Page 2 uf 4 : , " .... _l GFigiAal-Sigtl-€est-B r l~evat-ieo--C-est PefmiHed-Y-ears from ~e Date of Design StanGaFds $G-to $3, 000 $3,001 to $10,OQO Over $lO,OQO 2 3 5 (2) Any owner of a sign who desires to relay upon an amortization period longcr than three (3) years shall file '.'lith the City vlithin one (1) year from the effectivc .~ate of thesc design standards, a statement sctting forth the cost and datc of the most reccnt feflovation, and a "....ritten agreement to remove or bring into oonformancc the nonoonforming sign at or prior to the c}{piration of the amortization period applicable to that sign. The maximum pcriod to amortize a sign shall be fiye (5) yeafSr At or prior to November 14.2002. all nonconforming signs shall be removed and may be replaced with signs that conform to the design standards set forth in the S.R 434 Redevelopment regulations. (3) Violations shall be subject to Chapter 2. Article 3. Division 2. Code Enforcement, City of Winter Springs Code of Ordinances. Section 2. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent. ordinances and resolutions adopted by the City Commission, or parts of ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 3. 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 4. Severability. Ifany section, subsection, sentence, clause, phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Section S. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida. City or Winter Springs Ordinnncc No. :W(lO-17 I'ngc J or 4 4 ADOPTED by the City Commission of the City of Winter Springs. Florida, in a regular meeting assembled on the ~ day of June \JJ~o' Paul P. Partyka, Mayor ATTEST: APPROVED AS TO LEGAL FORM AND SUFFICIENCY F~Y ~F )!\':"TER SPRINGS ONLY: 1'~~-... . "- Anthony A. Garganese, CIty Attorney First Reading: Second Reading: Effective Date: City or Will(cr Sprillgs Ordillnllcc No. 2000-17 Pagc 4 or 4 .... ... ./ . ,BOARD OF ADJUSTMENT APPLICATION, CITY OF WINTER SPRINGS 112~ EAST S~ATE ROAD 434 WINTER'SPRINGS, FL ,32708-2799 (407)327-1800 FOR: ~ SPECIAL EXCEPTION VA'R I ANCE 'CONDITIONAL USE ADMINISTRATIVE DECISION 1. APPLICANT:I2!CJfA1J~::i: ~ Df5Vk:'AlA1= ,;. .PHo.NE., Lj{)7-3~l-()7{)f/ ADDRESS: Jc;c::,'~l(). SI?, 41 If I1J/p.Jn;;,e .slJl2J.m.-<::. ,f7L- -:j.2.-?~rP : . t. . " /' ,'/", . ," . .- 2 PUR~OSE OF REQUEST :t<~I~SSTJAJ" 11 UA-xJ./ANb; ~A) ~~~M.~1':[~~: J.tAT W/U. PGPfIIfTTS/) 1M 1'fJ'7 1I.'J.lE'~7J.I.': fS?I/JJ.J>JlJ6i WAS 8UliT. ____~ __ __ T 1tO"71f~ PI.Ju.t= I~ ~j:""'NI<;Al.I'j+lI~ p"",~,. TJ+J.5 SltCAJ Ie Iq/Ff'IJ~AA S'~, ij8r;. . . - . . . . 3, ATTACH A COPX OF THE PARCEL SURVEY. 4, ATTACH AN 11 x 17 MAP B~OHING THE SUBJECT PROPERTY AND SURROUNDING PARCELS. S. ATTACH LEGAL'DESCRIPTION. 6, TAX PARCEL ~DENTIFICATION NUMBE~: .:3'c;-~ -3t;-S7tf -tJt1tJO -lJtJM 7. LOCATION .OF PARCEL (street. Addres.s .a~dlor ..:Nearest Cross Streets): CIJJ21JR=! ~I= 5df! .431/'/. FAId2t=~ ' .';'.: ., . .' . .:r:.: ~, PRESENT ZONING: FUTURE LAND USE: ~g:~,e.1'e~', I understa.[l'd that City .o.f riinter.Sp~ings Officials may enter upon -my property 'to inspect that portion, as relates to. this applicalion: - . (If the applicC\nt is not the.own.er of the, subject property, the applicant must'attach.a letter of authorization signed by the owner) , ',"" ;';'l-" ., I. .. , PERSONS ARE ADVISED THAT, IF THEY DECIDE TO APPEAL ANY, DECISIONS MADE AT THESE MEETINds/HEARINOS, THEY WItL NEED A.RECOR6 OF THE PROCEEDINGS AND FOR SUCH PURPOSE, THEY WILL NEED TO INSURE THAT A VERBATIM.RECORD OF TH~ PROCEEDINdS IS M~DE, 'AT.THEIR 'COST, WHICH .~ . INCLUDES THE TESTIMONY AND EVIDENCE UPON MHICH THE APPEAL IS TO BE .,' ~ BAS~D, PER SECTION 286,OlO~, FLORIDA STATUTES .... SECTION 20-84 - APPEALS FROM DEcI'SIONS OF THE BOARD OF ADJUS,THENT '(1) Any person, or persons, jointly or severally agg'rieved by any decision of the Board of Adjustment may, within thirty (30) da.ys after the filing of any deCision in the office of the Board of Adjustment, but not thereafter, apply to. the City Council. for adminii~~ative r~lief. After a hearing. before the city Council an aggrieved party ~ay, within:thirty (30) days after the dLcision of the City. Collnci l, fil e an appeal with a court of competent jurisdiction over the subje6l matter, . . .-....,-.. . ,',...cir";..;' ~- .~.. . . ~ T7'o/ . ~ .4'".., ",.- /' ./": -, APPLICATION INSTRUCTIONS A Staff. Repol:"t i4ill be developed fOl:" each. APPlication, The Applicant should be piepal:"ed to addl:"ess each of the issues provided below fOl:" Val:"iancerequests.. the.Boal:"d of Adjustment must make the are and es or tances do not result 3. . "',; ., 5, val:"iance ranted is the resonable vadance that buildin or -----. ~':.. 6, .. Tha ft e enel:"a'l inte in 'tidous to ..2,u b i:i ewe I fa l:" e , the be the with and THE A}ptICANTIS RESPONSIBLE FOR PROVIDING THE AND AD OF EACH PROPER Y OWNER . WlTH I . ROPERTY LINE BY THE SCHEDVLEDJIME. CITY HITH THE NAMES ~ o FT, OF H ~ THE APPLICANT I. 8ESPO~~"~ POST 'H. BLU'. NOTIC' CARD ON THE , . SITE AT LEAST SEVEN DAYS PRIOR TO.'l'HE BOARD OF.ADJ STHENT HEETING..~" ~T HHicHTHE HATTER WILL. BE C9NSIP~RED: SAID.NOTICE SHALL NOT BE'.' POSTED WITHIN.THE CITY RrGHTS-OF~HAY, . .! : I ~~ .: ..' I ~ . , '; I ~ c. .~. . .' . t j ------....-.-.. - .,~-,. f' ...j . )JAvl/). VAN .. lif7 W. 5TATE .7<1>. lf3Cf t t WINTERspRINld F,l - 327t>8' . ~tJ7) 327 -~tl9( ~()i) ZS-Z-7?f3 r I RIECM!ftVED JUN 1- 2 2003 CITY OF VIllNT~n I*RlNGS . CUn1InI.~. c ---- \ I , , , , , Continu d Pg 2415 \~ ; ~ 110 E 51 ATE ROAD 43,4 I I I I , , , I 1 I /05 G 3d/ , - t- - -- 1 I - -,- , L _ -- - -: 20 .1 _ - - - -, 30 1 I __ - - r - 34 F 1.5 ~ - - - ii -', 40 ... - - - 45 -: _ 4!_ 4.5 .i/ -:- 50 5/ ----1;--;4 . .5.5' _ _ ~ - 61 - ", - - 60 ~ _.--~-_. N 6.5 ' 64 bO ,__-- A-. 71 - .', 70 "0 t.-- g - - . -, 74 -13 75 ~ _ _ - !5 81 " 80 U __-,-- o 91' ) c " 0 , M ,'<I" ,N bO A-. "0 II.) ;J .S tl o u B A '~ '~ ~, \G\~,,"'.< 1 6 7 JJ"'" rv::' NOTES: ( Fire Department Address Map PRINTED: REVISED: March 2003 1: 2 : City of Winter Springs, FL o 200 400 ~~_ I Scale: I" = 350 feet 3 ;. Map Pa e 2423 Developed By: ENGINEERING " UJI) SYSTElIS ATTACHMENT C CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS. FLORIDA 32708-2799 Telephone (407) 327 -1800 Fax (407) 327-0018 Community Development July 26, 2002 Business Owners/Property Owners S.R. 434 Winter Springs, FL 32708 Dear Business Owner/Property Owner, The City Commission on June 12,2000 passed Ordinance number 2000-17 requiring all signs along S.R. 434 to comply with the S.R. 434 Development and Redevelopment Overlay Districts. Business and property owners were awarded a grace period for compliance until November 14,2002. Business and property owners were given a first notice of the ordinance change July 25, 2000. This correspondence is to again notify you that the grace period ends. November 14, 2002 and all signs must conform to the sign code. A copy of Ordinance number 2000-17 is enclosed. Any sign that fails.to cQnform after November 14, 2002 will be subject to Code Enforcement action and possible [me. If you have questions you may call John Baker, at (407) 327-5966. Sincerely, L L:r--- ~ Charles C. Carrington, AICP Community Development Director ATTACHMENTD CITY OF WINTER SPRINGS COMMUNITY DEVELOPMENT DEPARTMENT 1126 STATE ROAD 434 WINTER SPRINGS, FL 32708 407-327-5967 FAX:407-327-6695 Letters sent to the following: RE: Signage Compliance for Winter Springs . Food Store, Appliance Store, Pack & Send, Jet Setters, Visible Light, EPM, etc. Winter Springs Food Store 147 W. State Road 434 Winter Springs, Florida 32708 BVS L.C. (Tax Parcel #34-20-30-506-0A02-0000 located at 147 West State Rd 434) 1514 Antoinette Ct. Oviedo, Florida 32765 Appliance Store 147 W. State Road 434 Winter Springs, Florida 32708 Business Owner 1~5 W. State Road 434 Winter Springs, Florida 32708 Richard J. Gudenkauf, Trustee (Tax Parcels #34-20-30-530-0000-0010; #34-20-30-530-0000-0020; #34-20-30-530-0000-0030; & #34-20-30-530-0000-0040 at: 155, 165, 175, & 185 W. State Rd. 434) 2125 Emerald Green Circle Oviedo, Florida 32765 Business Owner 165 W. State Road 434 Winter Springs, Florida 32708 Business Owner 175 W. State Road 434 Winter Springs, Florida 32708 Visible Light LLC (Tax Parcel #34-20-30-530-0000-0050 located at 195 W. State Road 434) 195 W State Road 434 Winter Springs, Florida 32708 Business Owner 185 W. State Road 434 Winter Springs, Florida 32708 Stephen Coo Cahill (Tax Parcel #34-20-30-530-oCOO-0000) 131 Park Lake St. Orlando, Florida 32708 Donna J. Barstow Sign A Rama 5285 Red Bug Lake Road # 121 Winter Springs, Florida 32708 CITY OF WINTER SPRINGS COMMUNITY DEVELOPMENT DEPARTMENT 1126 STATE ROAD 434 WINTER SPRINGS, FL 32708 407-327-5967 FAX:407-327-6695 February 10, 2003 RE: Signage Compliance for Winter Springs Food Store, Appliance Store, Pack & Send, Jet Setters, Visible Light, EPM, etc. Dear Business Owner / Property Owner: Back in July, you shol.,1ld have received correspondence from the City indicating that Business Signage on your property needed to be brought into compliance with current City Codes, prior to November 14, 2002. To date, the business signage on your property is still in Violation of current code. After being approached by one of the business owners in your area, Staff spent some time determining what solutions could be derived that would meet the 10' setback along the property line at S.R. 434, without creating a vehicular hazard, and that would give ample visibility to the signage. It is our recommendation that the property could best be served by one multi-tenant sign, located in the landscaped median to the west of the current Appliance Store signage. It will be the responsibility of the numerous property and business owners to cooperate together to resolve this matter, Once a resolution has Qeen reached, it will then be necessary to apply for a sign permit and bring the request before the Board of Adjustment. Sincerely, flltiL Eloise M. Sahlstrom, AICP, ASLA Senior Planner CITY OF WINTER SPRINGS COMMUNITY DEVELOPMENT DEPARTMENT 1126 STATE ROAD 434 WINTER SPRINGS, FL 32708 407-327-5967 FAX:407-327-6695 February 17,2003 Stephen Coo Cahill 131 Park Lake St. Orlando, Florida 32708 F~:407.841. 1623 . RE: CORRECTED Tax Parcel #34-20-30-530-0COO-0000 and Signage Compliance for Winter Springs Food Store, Appliance Store, Pack & Send, Jet Setters, Visible Light, EPM. Dear Business Owner / Property Owner: Back in July, you should have received correspondence from the City indicating that Business Signage on your property needed to be brought into compliance with current City Codes, prior to November 14,2002, To date, the business signage on your property is still in Violation of current code. After being approached by one of the business owners in your area, Staff spent some time determining what solutions could be derived that would meet the 10' setback along the property line at S.R.434, without creating a vehicular hazard,.and that would give ample visibility to the signage. It is our recommendation that the property could best be served by one multi-tenant sign, located in the iandscaped median to the west of the current Appliance Store signage. It will be the responsibility of the numerous property and business owners to cooperate together to resolve this matter. Once a resolution has been reached, it will then be necessary to apply for a sign permit and bring the request before the Board of Adjustment. Sincerely, Eloise M, Sahlstrom, AICP, AS LA Senior Planner CITY OF WINTER SPRINGS COMMUNITY DEVELOPMENT DEPARTMENT 1126 STATE ROAD 434 WINTER SPRINGS, FL 32708 407-327-5967 FAX:407-327-6695 .~ MEMORANDUM . DATE: February 19, 2003 TO: Glenn Tolleson FROM: Eloise Sahlstrom, AICP, ASLA Senior Planner PAGES: y 1- RE: Signage along SR 434 FYI- I have attached a letter I received today from the Appliance Store at 153 W. SR 434, regarding signage compliance along SR 434. The tenant of the Winter Springs Food Store and the building landlord have met with John and I and are trying to resolve the signage. The landlord indicates she will try to speak with the Appliance Store tenant. I am also attaching a copy of the letter I sent out to the tenants and property owners in this area. I will keep you informed as to any updates. ATTACHMENT E CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - MA Y 12.2003 PAGE 13 OF 21 REGULAR 18. C. Office Of The City Manager Requests That The City Commission Consider Several Dates For An Additional Meeting To Replace The Second May Meeting Which Falls On Memorial Day - And Is A Holiday. Discussion. "I MOVE WE MEET ON THE 27TH" OF MAY. MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: NAY COMMISSIONER MARTINEZ: AYE COMMISSIONER McLEOD: AYE DEPUTY MAYOR MILLER: AYE MOTION CARRIED. Mayor Bush said to Deputy Mayor Miller, "You will have to run that Meeting." ~ REGULAR 19. D. Community Development Department - Planning Division Presents To The Commission, A Request To Waive Application Fees For Signage Setback Variances In The State Road 434 Corridor Overlay District Where The Existing Sign age Is Compliant With The Code Except For The Setback Provision And Where Compliance With The Setback Provision Creates An Unnecessary Hardship On The Applicant. "I MOVE THAT WE APPROVE ITEM 'D' - A REQUEST FOR WAIVER." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER McLEOD. DISCUSSION. VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER BLAKE: NAY DEPUTY MAYOR MILLER: AYE COMMISSIONER MARTINEZ: AYE MOTION CARRIED. ATTACHMENT F . /,,>~ :"'iV ~./ 1/ ~/ - ,. ~ , ." -. ~ _. . -- ~ ~ ATTACHMENT-GP:- i ~ 'J '. " CITY OF WINTER SPRINGS MlNUTES BOARD OF ADJUSTMENT REGULAR MEETING JULY 17,2003 (pOSTPONED FROM JULY 3, 2003) I. CALL TO ORDER Chairman Thomas Waters called the Regular ~eeting 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. a I ~~ tJ- I ..... I W ::.AJ ..- - ~ L--..J '--' CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - JULY 17, 2003 (POSTPONED FROM JULY 3, 2003) PAGB20FS 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. Weare 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, K I ~~ p- I ....J · ...J ~ -= :. ~ L--..J '--' ~ I ~ Mr. eM. Crawley, Hacienda Village Homeowner's Association President, 206 El i.::j. Camino Real Circle, Winter Springs, Florida: read and distributed a letter of opposition IlL ~.... for the record. ~ L--..J '-' CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - JULY 17, 2003 (POSTPONED FROM JULY 3. 2003) PAGE30FS 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 liS ide 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 THEm 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 Order" 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 TACKABERRY: 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. 08/04/2003 09:37 1073274755 WHHER SPRNGS BLDDPT ~ C~r./ @ ern' OF WINTER SPRINGS . M.lNUTES BOARD 011' ADJUSTMENT RBOULAR M~BTINO - Jm Y 17. 2003 O'OSTPONBI> PROM JlJ1. Y 3, 2003) PAOB40P~ Mr, Baker introduced the Agenda Item; clarified that ~e JtfY bottom, under considerations, 'Eighteen (l~t f~el ,from the back of the roao' - I did make a mistake there, I put 'Pace of~ersus 'Back of curve"'; and infonned 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 tenns of granting a Variance." Discussion developed. .Mr. Richard GucknkauJ, 155 West State Road434, Winter Sprin.gs, 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 owuers "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 T AYLOR. 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 ClfAIRMAN WATERS: NAY BOARD MEMBER TACKABERRY: AYE BOARD MEMBER HERBERT: AYE MOTION CARRIED. AUG-04-2003 09:44 1073274755 98% PAGE 04 ~ '-cI ~ ~ --==:: ~ t::::I P.04 08/04/2003 09:37 1073274755 WINTER SPRt-~GS BLDDPT PAGE 135 . . .' ; CITY OF WlN'rnR SPRINGS M.lNtmlS BOAJID OF ADJUSTMENr REOULAR MElmNO -1tJL Y 17, 2003 (POSl'PONaD PROM JULY 3.2003) PAoes OF5 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 \VB 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 SUBMmED BY: HOLLY N. PIERSTORFF, ASSIST ANT TO THE CITY CLERK; AND UNAPPROVED NORMA PARDO ASSISTANT TO THE CITY CLERK ~ "/e., / C h A"';f ~.d ~, J .14 ./ c:.. C .r:.-,.. e;; e t.. 7"' C~,.-:: / " ~n ~/e ~ p cYl/~~~y City ClulUBCJlIrds Bud CO~tt~.u/B~ of AdjWlf~an1lMJNlJres07Z g~~ NOTE: ThCic Minutes werc approved at the , 2003 BOArd Of AdJu~lme.n! Regular Meeting. AUG-04-2003 09:44 1073274755 98% P.05 Date: 081103 The following Document was handed out on 08/11/03 during Regular Agenda Item "B". ~ August 11, 2003 Re: Request for Variance, 155-195 West SR 434 Presented by: Steven Perlman, minority property owner 195 West SR 434 We (Richard Gudenkauf and Steven Perlman, property owners) wish to thank the City Commission, the Board of Adjustment and the Community Development Department for hearing our request for variance. At its July 17,2003 meeting, the Board of Adjustment recommended approval of the variance request to allow the existing sign to maintain its current location (setback) and copy area. In support of the findings and approval of the Board of Adjustment, Mr. Gudenkauf and Mr. Perlman find and detail below the reasons that the variance does meet the six criteria for a variance: J. Special conditions and circumstances exist which are peculiar to the land, structure and building and which are not applicable to other lands, structures or buildings in the same zoning district The property is unique because it was permitted by the city when built for a sign at a particular location, knowing that the property itself would have only a small parking area to the front and side of the building, with just enough room to allow for one-way passage of cars and one row of parking spots. The property is significantly impacted by Ordinance 2000-17, because conformance by moving the sign would necessarily eliminate part of the parking area and restrict the ability for cars to pass. The Community Development Commission has been diligent in attempting to solve the problem by convincing the owner of the adjacent property to share a sign with us. But, the department was unable to do so. Thus, we are prevented from moving the sign to any other location without significant impact to the parking area. 2. The special conditions and circumstances do not result from the actions of the property owners. The special conditions and circumstances result from the non-conformance issue created by Ordinance 2000-17, plus the fact that the owner ofthe adjacent property is not amenable to sharing a sign. Thus, the conditions do not result from the actions of the property owners, who have maintained building and signage in a very tasteful and conforming manner since originally permitted by the city. ~ ~ 3. Granting the variance requested will not confer on the applicant any special privilege that is denied to other lands, buildings or structures in the same zoning district. The variance would allow the cars of the property owners, lessees and customers to continue to use the small parking lot and its current passage without restriction or loss of spaces. There are no special privileges granted by the variance. 4. Literal interpretation would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district and would work unnecessary hardship on the property owners. Because moving the sign would necessarily require space currently occupied by the parking area, passage of cars and the number of parking spaces would be severely affected. Loss of parking area would not be tolerable, nor would loss of signage, which would be the only other option available. This would present an unnecessary hardship on the property owners, tenants and customers, and make the property less valuable and marketable, with risk of losing tenants. 5. The variance granted is the minimum variance that will make possible the reasonable use of the land, building and structure. The variance is necessary to allow signage to exist without impact to the parking area and the passage of cars. This is the minimum variance required. 6. 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. The signage has been maintained in a tasteful manner since originally permitted and has historically been one of the most esthetically pleasing signs in the SR 434 corridor.