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BOAMin09-27-00CITY OF LONGWOOD BOARD OF ADJUSTMENTS Minutes for September 29, 2000 ATTENDANCE: BOARD: STAFF: ]im Daly, Chaupwson F. Jay Sargent-Planning Division Manager David Richarde. Vice Chairpwson Beverly Majors-Plarming Secretary Edward Fagan J. Russell }lammond ADSENT: Edward Strain 1. CALL TO ORDER: Mr. Dajy called the mewing to order at 6:0'] P. M. 2. APPROVAL OF TILE MINUTES FOR Apri126,2000: Mr- Hamneotrd mode a nmririr~ ro <rPprove rlre Nrntrtes ojApril 26. 2000. nrP.esented Mr. XtGrnrdssecatded rNe matlart. the mwlair ~var rrnamnrrrvsly approved (+Oj. 3. PUBLIC REARING: Mr. Daly opened the Public Fearing and asked for Notice ofPUblic Hearing for VAR-02-00. Mr. Sargent preserted Proof of Publication, which was publicized September 11. 2000- A. VAR-01-00 Applicant: Eller Media Company Location: 8]0 S.R. 434 East Request: Billboard Setbacks Mr. Sargent presented the statT report on VAR-0L00 beginning with Lend Development Regulations Conventional Varimce (Chapter 24f03.04)- He then presented a summar¢ed infotma[io regarding the variance of setbacks. pe~nF on of Vari ce Rem Ellw Madia Company respectfully requests e variance to the Podowing wde secnans: Land Development Regulations. Article VI. Section 24-60.13.G. Permisaible Number, Area, Spacing and Beigkt of Permanent ORSite Signs. 5. Setbacks We respeott uy reque two pots s of Section 24fi0.13.G5.: I) The minemum front setback ffom the Pont property One We reque t e H foot fionr setback in lieu of the required I5 kG, and 2) lYte]5 foot eGback from the nearest property Tine ofany residential district. We request a 65 foot sazback from the n st property line ofa residential district. io heu of the tequeted ]5 ( t. Request 1) will allow the sign to be Z feG frther away Rom the residentially oned property to the south resulting in a 46.6 % reduction The eight foot front seback also allows a minimum ten foot aerial sabaek Rom power linos above SR 434. Request 2) asks fora 10 foot variance or a rednction of 13.3 % in the requited distance from residetvial.l.ots (through 4 of the East Longwood SLbdivision tuned G3 are only 121 feet deep. The subject property, part of loll 1- 4 are the only Commercially zoned property. with CrC future land use along SR 414. and adjacem to residential property with e depth of less then 2'10 fat. The subject lot therefte has 44 R% less depth than all other properties under the same This creates a scenario where lots 5-8 zoned R I-A are only 131 f from SR 434 e major arterial roadway- The 121 ket depth of the subject property will of allow a 15 foot fionr setback. a 50 foot long sign and a ]5 f of setback to reaidentiel. (15+50]5= I40'). The sign will hav impac n tha residential propert o the south as will of be visible 6om said property due to en exi ring denset60 kot mll existing bufkr of trees. Allowing these reque ould not be se tinge w preceden violate the spirit/ in t of the (.and Development Regulations. This reque t Is compatible with tha cxtsting land uses in the area Cove anal Var' (Cheater 24~I03041 I. That gran(ing [he proPOSed v will implement specifically identified policiee and objectlves inrthe Comprehensive Plan; avd Billboards are speoi6cally permited in Geneml Commeroiel firma land use. Bataan 2A-60.13 Stag Comment. billboards are permitted in General Commercial Land Ilse. z. rnm gra Img me proposed variance wai not resnh i.. ereadng, or ting,a eof ellherasfractnre, lne lanA, ors mmnination of In ndranJ stnrrb~rc, whim is not eompa(iblewilh adjacestt land uses In the men, and The current use of the property is non residential', law offices and is wmpatible with the C-3 zoning and GC future land use. The proposed use (billboard) is compatible with the C i sorting and GC future land use. Commercial zoning and fuwre land use is dominant in properties fionting SR 4J4 on both sides of the road. in this area. Billboards am permitted in these classifications S jfCorrtrr~entr. The LOC regtures dil/bamds ro 6e sS' from reridemial -anedprapzrtie.s ac approved by CITY Carnmivion. Norrnrber [999, Article 1'% SiAm Regrrtarforrz 3. That granting (rte proposed variance is the mininutm action available to permit reasonable use of the property; and The combine nofboth ve will allow the sign to be%feet farther away f om the residentinlly zoned property to [rte south, resulting in a 65 foot rear setbacA. The sign structure is a secondary use and not occupied. The sign support pole will be placed in an area of unused space. There exist 60 foot tall buffets of vegeta n along thew end south propetty Tines of the subject property that limit the isibiliry of the sign [o only SR 434 end only west bound tmHic. Sr ~Corrrmenrs: Cttrrenr]}~ the property is 6elrrg rrrlllardfor mr oJJ)ee Au/Id/r~g and required mnenines. This propalry enrrertrly has aJrnrtr serhack varlaace jrthe Arrildntg Aite mrhe Nghr fuay~raklugfarSRA3A- 4. That the physical characteristics o[tne sunjert site fire unique to the specific site and not present on adjacent sites; antl Lots 1 through 4 ofthe East Longwood Subdivision zoned C-3 areonly 121 feet deep. The subject propetty, part oflots I- 4 are the only Commercially oned property, with GC future land use along SR 4]4, and adjacent to residential property wnh a depth of less than 2'10 feet. Tlie subject lot therefore has 44.8 % less depth thin all othu pinpeniea under the same uiteria. Only the subject property would be conforming for a billboard sign, as spacing regulations requir a mtmmum 1000 fut between billboards on the same side of the road. The 121 feet depth of the subjeo[ property will not allow a I S-loot from setback e 50-foot long sign and a 75-foot setback to rosidential. (I S+Sp+]~ 140 ). .St ~Carrrrrrevt: I'he Pt'operry~raeers [he ntlrrirnam lnr reyrrlrerrrentj rC-3 n ring .. That the circumstances erealing the neeA for a variance are not the esuh of actions by the applicant, or action proposed by the applicant; ana The epphcant nor the property owner. were responsible for the lot division oC less than 2]0 Rat oPdepth .SlaffCortrment: ]he nroyerly meetr~the minlmrtnt [oi regalremer/jrnC'-3 =o ring. 6. That granting the proposed variance will not result in creating. or ing,a -ooforrning use of elthera structure, the land, ore <ombinatron of land anJ structure. On the w Crary, allow ¢ [Ease vadenoes will in fact result in theremoval of a sign that is non conforming undo Four enrols. See below- The current sigo code, adopted November 1 k 1999 specifically removed this rea fiom the list of"9illboord exofusion zonos."The following area was ved from the list of prohibited ar as for w billboards: "The south side of SR 4~4 between Eest Street and Oleander Street: TFe torten[ use of the property; law office is wnforming in the C-3 zoning anU GC future lend use_The proposed use (billboard)is conforming in the C-3 zoning and CrC fWUre land use. All strucrural aspects of the sign conform to Article n, Section 24-6h Sign Regalatioos. Aside from the two setback variances. all aspects of the application are conforming. StaRComm r. Thee ring sign at the school sire is a uoneovPorming sign and the proposed eign willselso be von oonfonning due to the requesred setbacks. The Collowing iNOrmation is provided to insure compliance with the total umber of allowable signs in the ciry..4n existivg EMC owned non-wnfotming sign would be r ved as ~ to gain a perm to build the n This proposal will no enthe number of sigvs mtthe oily and it will st maintain the capon ihen~otelsnumbu of signs. Desctipdon ofsign to bet oved: Lyman High School k145 CR 42] South. Property owner: The Seminole County School Board, Parcel # 5-21-30100-0080-0000. 'fbe s ~ to be removed is non covfotming for the Following re sons- t) Bottom of the sign is less than 30` above the crown ofthe road 2) It has more than one steel support. 3) Is located in a prohibited Lantl Use classification (POblio) 4) Is located in the following area where OD=site sigvs ere prohibited. §24-60.13 K "The eazt side ofCR 42'/ between the oath side of Lyman High School and the south right-of ay line of East Maine Ave." As a wndition of approval, Eller Media Company would agree w have the e sign et Lymav Kgh School dismantled before any advemsing copy u nstalled at [he new location; 8]0 SR 434 East- Eller Media Company unders ands that tailor to dos ould result i nediat wde enforc on by the cry-Eller Media Cotvpeny agrees not to build another signnonn[he Lyman High School property. RECOMMENDATION The Planning Divisiov staffand the DRD recomme0ds that the Board oP Adjustment DENY VAR 02-00, to allow a billboard a variance to the front and ar setbacks The font setback being reduced Nom IS tb4t to 8 feet :end tha satbeek from residential from ]5 feet to 65 Ceet, based ov tlta following findings offaa. Fintlin¢s of Fact. 1- The proposed v with the polices end objet soRhe Camprehen venPlatn 2 'fhe proposed va will cr elhat ompatible with land u t theanadjacent a e specfi<elly setbacks stablished from residential coned area mtd closer to a State Road. 3. The proposed v t the m vailable t perm sable usne of the property.nlThe propertyas wrzently being aril zed with s o1Hce building and amenities that has e setback variance Por the building. The physical characteristics are not unique o this specific site. 'IYie ceeds the minimum ste requirenrente for (reneml CommeraieL ~. The proposed v nonce are a resnh of anions by the applicant/ow 6. The granting of the variance (reduced setbacks) llcreateanon- conforminguse on the property. Following Mr. Sargen's prase Mr. Daly seated he would ask the Board for qua bons or wmments aftu dte Applicant presented his variance requesa Mr. Lou Musics. represeming Eller Media, was asked to speak. After imroducing himself Mr. Musica spoke. advising the Doerd that he disagreed with etaffcommeots. Hehended outs mapto Board and Staffoftbe subject propany with neighboring las marked Mr. Musica esplaioed the map. the z ning and setbacks o t the propert es along 434. He also Ares tted Board and Staff with Jett rs from o property o on Lyns Ave who would be impacted and m affttted with the vanenca requestWStatsngthair support for the billboard- Last, he presentedaa laver ftom the prinupal of Lyman High School smtiog they would not pursue the placement oC another billboard sign ofthe school property. He elm had prepared a card view of the property and explained the variance requests and defended his request stating hewas attempting to keep thebllboerd from residences and placing the bilboard closer to S R 434. He smted if the variance request were detveA that the billboard would stay et the Lyman High Sohool location uotl the end of the lease, which is approximately two years- Mr. Mum aced with the Land Development Code alit was revised. he hasbeenu gad to the sign fiomtthe prey nt location. Heis attempting to relocate thesign where it has leas impac He war denied a similar request last year, but did not (eel he had any other options, since there are only five IeSal rtes on SR 434. There are no legal sites on I7A2, and although there area number of sites on 427, there is e visibility problem. He concluded asking for his variance request to be approved. Following Mr. Musica s presenmtion Mr. Daly asked the board ifthey had any questions. f.9r. Fagan asked why the eign was closerto ihewesk and whet the feelings ofthet property owner az. Nr. Mue eted that lot nedw cial and thu tins largenumber ofnce which would buffer the sign This owner. Mr~Simmons wouldsnot haveaview ofthe billboards Mr. Richard asked why the billboard was 50 foot, and if a smaller billboard mould be used to fell within thesetbacks_ Mr. Musica rtaced thue are eettaio mendard sizes that he nses, oneoPwhicb is I S foot tall by 48 foot long. which is a total of6'/2 square feet. which is the maximum allowed square footage in the mode The commission took into acwunt the standard size that could be used by those feats- Fle said yes, a smaller sign could be made, but ewvotNCally it would impact the cost tremendously. and although that is not a hardship, because he is volumarJy removing a sign which is incumng a cost end volunmrily erecting a new one, whioh costs 525,000 to 530 000_ Mr. Daly asked the.aize ofthe sign on the Lyman property. Mr. Musics replied [hat that sign is l5 or40f troll, avd isa poster, which isa different billboard product, whioh is much smeller- They are 12 fat tall by 25 fat long, and they ere used in areas where tratHCis not such that the bulletins or big faces that go for much moremovey. It is based n the uatGCand visibility. They use the DOSter signs on less traveled roads and areas wherethey can get very close to Ne roa0- The ivdusiry is v visibility oriented- Ha felt it was important to point out that the eign et Lyman had two sides so there is 300 squxra f on one side, and 300 squaref too the othu sida_Hestated that the new sign would onlyhave oveside, even though n ~s alarger ovYlgurano2 Nr. Fagan asked if it was oNy going to be one sided on the new sign- Mc Musics statod yes. Mr. Fagan said according co the drawings the sign could be seen from both ways. Mr. Musira said that he was oNy trying to accomplish visibility from the west because the trees would prevem visibility fiom the other direction. Mr. Daly again stated thaz the picture showed an eastbound view and a westbound view. In both as the sign is abovethetreeline, and it ehows Eller at thebottom. It apPearsthat it isadouble- Faad sign. Mr. Musma stmed that was corzect. when the compute endering was done he vied to show what would look!ike. ifin fct there were no trees blocking the view He would be happy to agree to a rtipula[ion [hat the sign only have one fee Mr. Daly asked the total square footage of the ne. sign if it was one sided. Mr. Musicareplied 14 x 46, which equals b]2 square feet He stated there were a numbaofsigns to the city Chet were that size He was agNv asked ifhe would be willing to stipulatetbat he would vevu usethewest sideoFlhe sign. Mr. Musics said he would be willin& not eager, but willivg He added that ovly because iv the 6tmre ihue might be a possbdiry of openivg up ofviaiblity. Mr. Daly asked if he meant ifthe trees were to die_ Mr. Musics slated if someone ware to clear the trees. Mr. Daly said who[ Mr Musiw was looking at was a possibility of almost 1400 square f of signage es opposed ~o rho existing 600 synare fat double sided on the Lyman propany- In other words. Mr. Musics would give up 600 square feet, bur asking to be given 1400 square feet. Mr. Daly then asked Mr. Sargen in how n any instances was the Lyman High School non- conforming. Mr. Sargent slated [here were four as listed in the report. Mr. Daly asked how many nonconforming issues would be on the 4I4 sign. Mr- Sargen replied there would be two. which ere the serbeeks- Mr. Sargenl asked the appliran[ how long is the lease on the school board site. which Mr. Musics said two to three yearn At rhal rimethe sign would be moved someplace else Mr. Sargent also asked ifthevariar~ce was only I'or theone sided billboard, or was therequut for a two-sided billboard. Mr. Sargen stated he wanted to make this clear. Mr. Musira replied that he was asking for a two-sided sign. In his explara~ion above the buRer Ihar zthere ould nor be visibility for the second face, and that is why he offered the board the possibility of a stipuledon Mr. Musira did notf Ithe frees would becoming down Mr. Sargent interceded ~ha~although there was en arbor ordinance. it did not cover tramming of the trees. only vetting down the trees. it the trees wue trimmed up Por visibiliy ~o the sigq which is done everywhere, thel would open up the side ofthebillboard withow aPecting an arbor Permit or soy otnu policies by theory. Mr. Daly w awned tliat Mr. Mus said In the beginning that i[ -sided eign the pier eshowed di~fiwen end oow Mr-Musics is no saying Ihar ~t could DOSSiblybea two-sided signrHe asked Por cladtloation- Mr. Sargent spoke and said when tl~e aDPlication was submitted it was prowssed as a two-sided sign, and ifit is one-sided he wanted it to be stipulated in whatever motion might be made. Mr. Daly brought up the variance that had been issued to Dut a Dorch on the front o(the building, and asked if the Hoard w ao[hor zed to issue an additional vanance on one piece of property unless there was a hardship involved. Mr. Sargent staled that no vanance should be issued unless there was a hardship involved. The ~ ofva ould be up to the Board The variances that were received on a lot of the panels was because of the widening of S R- 4i4, and so buildings oou10 stay in their postrlons. Mr. Daly asked iF there was anyone on the south side of Lyns Dme. in the residential houses contacted for their input. Mr. Musics stated that the last year (here were two advertised LPA meetings and threeadvenisai City Com rings. and at none of those Bearing no a showed up in opposition. Mr. Sargent did at o that avd stated that twelve properly owners.nthin 150 ket omfere otified_es ring on each iss end rro tie has showed up for them ring, nor bas anyone wntacted the Planning D'visrov. Thota wetealso n wspapar notices on each occaewm Mr. Sargent advised the board that the BOA was the final action on the request. Mr. Daly stated the next step. on approval or disapproval would be appeal to the Eighteenth Circuit Cou The Ciry Com ould not be herring the Variance. Mr. Daly stated he wanted to point this out to the Applicam. ~U. Daly asked ifanyone waned to speak in favor of Variance 02-00. There tie pres to speak in favor. Mr. Daly asked iCthere wes anyone who wished to speak in opposition of the Variance. There was no one present to speak in opposition. Aqua asked regardin¢the prowmiry ofrhe sign with the power lives, and the _ ould be within the permuted allowance Mr. Dalysum zed thev reque t. Hew mad with the sign hanging anynf the hou s bate ured thine t the c 90MroDaly w rued with illegal non conforming is uez and stated he was personally opposed to the variance The heights ofthe trees wore questioned. There were no further questions from the Board. Mr. Daly entertained a motion to close public hearing on VAR-02-00. Mr_ Xmrrntarrdnuute a motion to dace pubHchenring mz iAtt-02A0. Hb~. Rlclurtvls sermrdedtlx• nrotrart_ /he nroelon rtes anarrlnton.vl}~ approved (!-0/. Mr. Daly stated that the signwould be nomintrusive to the residential area, but he was concerned about thew side of the sign being open Pot sale and lightin6 being Put .Hew s also rued with the applies ring the e sided and then o sided. the dilferen the height ofther and that wof illegal acavhtes with the non errnfortmnce of[Ire request. He stated he was opposed toethe request. With no funher discussion he entertained a motion. A1z. Richards made m motion ra deny 1'AR-02-0Ol+asedon the /~indinys oflacrand irT nnatlmr provided Ay 5'rofJ, Mr_ F"agmr secundvd the motion- the vtnce rate u~ru Mi~. ])alydeny rhr [--ernnnce; M~. Fngandet0~ the vnriance.~ Mr. Nantnrnnd, nor ro dnrv; Mr. 2iclrnrdsdet y the mouan. [he rnortun nasapproved ro deny 4'AA-02-00 (3-IJ. Mr-Daly advised the Applioenr Cher his nan step ro appeal would berhe EiShreen[h Circuit Court. J. OLD ROSINESS: There was na oid business to dixuss. 5. NEW ROSINESS: There was no new business ro discuss. 6. DISCUSSION AND SCHEDULE FOR FUTURE ITEMS: Next scheduled meeting dato Is October 25.2000. Thcro are no items achednled for that meeting A Datewes established Por the NOVembu meeting due to the holidays. Thedeteset Por NOVembu is November 29.2000_ December 27" wes kept the sema. ]. PUBLIC COMMENT: These wes no publicpresent for comment. 8. ADdOCiRNMENT: Mr. Richm~~[rmMieainot/unjorndjmtrrtmertc Mv. Hn~~tmondsecarrdetl the ntotlnre ~hemotiwt ~~ ers „~tarrrmm,.s y a~Provv~i (107.