BOAMin07-24-02z.
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3.
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icon isu ~lu.ed.
erg e[2<te~l ru Use
Sin<v, ~
R. Vice Chairperson
The election for V ice Chairpesov wes opened.
Mr. ReveLv nominared Mr. liammandm Vice Chvlrparson. Mr. Srlverson secorvl¢d
the nom~nanon
hh Fagarr nominared Mr. Xevely as Vice Chairperson. Mr. Harnntondseeonded the
No other nominations for Vice Chairperson were mode end nomination for Vice Cbairyemon
wazclosed.
Election for Mr. Hammond as Vice Chairycmon wes (2-?).
Elecaion for Mc Revels was (Z-2).
Mr. Hammond withdrew from the nomt~utton.
The eleetionfar A1. Revels as Vice Chairyerron for 2001 was (3-0) with Mr. Revels
s usraming_
3. APPROVAL OF THE MINUTES OF November2tl,2001:
M. Hammond made a motion to alrytrave the Minutes ojthe Meeting INaveotber?$ 1001
as presented. Mr. Stlverson seconded the motion. The motion was unanimous]y approved
(i-O).
5. PUBLIC HEARING:
A. VAR 114-(Y2 Va[laace-UI(imate Motor Works
Rear yard setbacks
895 N C0. 42]
Applicant: Frank Hatfman
Proof ofpublication was presented and Mr. Sargent prescnn*.d the staR'report with visual
eff ts.
Staff RenarU
Sine a quvsi judicial dec Sion, the appliemtt has tho burden of proof to provide
evidence (facnis) that avforcement of the Code peovisions iv Nis specific ,vituation should be
changed. The City Code provisions are azsumed to be a valid representation ofpublic policy and
re adopted for the benefit of the public heahh safety and welfare. In aacls case. Ne BOA will
delerminethc relative importance ofeach ofNe criteria found in Chapter 25. ArtiolelX Seotion
9.2.0, of the City Code, as shown below-
ft g„ el ow 'smtemem
Pe[erl. Cohen. theo erofUltlmate Motor Works,lno, which has been in businesssinec l9]6,
located at 895 N. CR 42], Longwood, is proposing [o redesign hisaurrem amomobileshowraom
end expantlthes cefecilities located in there rofhisDroperty. Thisexpan will include
wing a service buildivg within 2S feu ofthe rear property line. Therefore. Mr. Cohen is
requening that the rear yaM mWeck be reduced from 25 1'ee[ along Ote railroad right+rf--way ro
fivef allowing room for maintevance oP[he building.
Mr. Cohen s Variance Application m is the required Endings ser torch in Longwood's
Development Code, Section 9.2.2 F3. Spmifieally, Mr. Cohen's property is a 1.5]BacrepieceoF
propertyina unique triangular shape. The 6ovtofhis property borders County Road 427. and the
arof his properly is bountl by the Seaboard Coastline Railroad. Rased on the size and shape of
his proputy. Mr. Cohen faces pmctieal difticvlties in carrying out tho strict letter of the City's
regularions. Curtendy. theservicebuilding locetedou the backofhisproperty is nonwonforming
with onlya 5-foot setback. Duerothe property's unique shape, it would be impe=^iSle for Mr.
Cohev to expand theservrue facilities avd meertfie 25-foot rear yard setback mquuement.
Additionally, the plan submined by Mr. Cohen represents the only possibir. wav for him to
expand his business on the prnpany. The proposed variance will nut sr~.. '~ H increase
s
congestion on surtounding publiestreets or increaseany other haz to [M ~ ~1r. Cehen
imply ineruasing his cefaciliti nonler for him eat lr .. the
n hesells. Mor er, Mr. Cohen ce proposal will no subswn[ielly diminish property
values oraltu dre e~sential charauusofNe area swrouvding his property. As mrsttioned above,
Mr Cohen's property is isolated in the Gont by County Road 427 and the . or by Seaboard
Coastline railroad tracks. Therefore, the expansion of the service Brea will not effect the
»urtounding property owners.
Mr.Cohcn believes that the effeot of the proposed variance is in hemrony with the general intern
ofLongwood's Development Code and will help to improve the appev'anceofhis fecilitiesand
his ability to serve his customers. Mr. Cahen's expansion plans will enable him m contivue to
successfully operate his business in the City of Longwood.
StatT Analysis
Comprehevsive Plan Consistency:
The sunject site is Designated General Commercial on the Future Land Use Mao. The use ofthe
aeyect sue s coaa~stem wiw clry coaee ova pohdea.
1. rhereare praencaland econorolcairramnnamearryingoarmes<d~t saner
or nre regnlaenn.
l'he pr+marydj~Jcu(ryln the eepunsl~~~-, /,,.:; nr lr/':. .re%rrlar
scrape and the uAlhry se rh~:~ y ope.rr s. hs ~dlrs
reed] respanrion. 9lao, +heFraperr; r~~ r ..:: rcR r.:::rond
riglrroJ-wuy and will nor Vic; arcYOrh~r ~~;a~aene „r „~,^.r;;..
z. Tne vaaanre request is ear bases e,anaroely npan a aeairo m rmnee me
cost of development o[ the site.
'Ihe greeting oP the variance is not based on a desire to reduce the cost of
Development.
The swcture is deslgv¢d to provide and meet the bask needs of the property
and it will meet all impervious surGce azrd other dimensional criteria of
the Ciry Code.
3. The proposed Varlanee will n substantially in congestion o
surrounding public streets, thedanger of fire, oratberha28NS[o thepublie.
The only adjacent street is Cft 42'1_ which has jest vudugone an expanelon to a
divided four-lane roadway. Upon re-development and proper ingressand egress,
there should not heavy wvgesrion caused by this development. The project will
be required to go through the Site Plan review pmcess described in the Longwood
Development Code to assort That all appliezble code are adhered to.
4. The proposed va will not substanrially diminish property values io,nor
alter fhe essential charter of, the area surrounding tha site.
The granting oft6is variance should not have a negative affut on Ne property
values to of near this see.
5. TheeRed of the proposed variaviceuin harmony with the general intentof
this code anU thespeeific iofeot of the relevant subject area(s) of the code.
The pmpoeed variance is in harmony with the geneal intent of the City Codc
Reco endan
The Plantning l)ivi ends[hat the BOard of Adjustment approve VAR-04-02,[0
reduce the rem setback along the railroad right-of--way ftom 25f tto SPew for the expansion
devefopmevt of Ultimate Motor Works.
There ashort discussion. Mr. Sargent advised the Board that the Applican[will be
submitting a site plan and during the process the site will be brought up to standazds of the
new code including landscaping and any other nou-wnforming issues.
Mr. HutPman was present and presented for the owner.
with no further discussion a motion was requested.
AIL. Hammond made a motion ro approve PAR 0!-0ZJor Ultimate Motor Wo*kc Gre. ar N95
N CR i21_ In aucordanca with St p's report acrd comrrrerces. Air. Stlvervon.recondedtha
munon. The motion trot rmanimottsiy opprov¢d (J-0).
Mr. Pagan cloxd The public hearing oo VAR 04-02.
J. OLD BUSINESS:
There was no Old Business.
~. NEW BUSINFSS:
Mr. Surgem scared that them is a whack variance that will becoming before them ar The
August meeting. He also advised the Board that the new code al lows more opportunities for
s. He c oned the Board when es before them will be impottnn
ask Nemvelves if the panruular vanance rs something they would want Throughout the city
before they approve it.
"/. DISCUSSION AND SCHEDULE FOR FUTURE AOENIIA ITEMS:
NexT regular meuring is scheduled for August 2& 2002.
%. PUBLIC COMMENT:
There was no public comment.
9. ADJOURNMENT:
A2~. Hammond mtrdeamotionfar mdjatrmmene hh. Favelr secondrdthe motion. The motion
was rornrmm usly approved (!-O).