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BOAMin10-16-96CITY Or LONGWOOD 90ARD O ADJ[IS TMENT OCTOBER 16, 1996 Present: aff: Sim Daly, Chairman Carl Gos li ne, City Plartnar se114 and Sohn 6roenentlaal, Plann.i ng Aide Sue Wilder est: vitl Wr.i ght, Property M pager, 3odgers and Edmunds Properties Edward Abt, Pastor of Development, Northland Community Church 1. CALL TO ORDER: The October 16, 1996 meeting of the 9oard OE Adj us tment w calletl to order at 6:35 P.M. by Chairman Dat y. Chairman Daty asked for a n to m agenda items 2, 3, and 9 t the end of the m mngxo and made [he motion and Ms. wilder seconded eand was passed unanzmous. 2. ANCE RE VEST: Rod a and Edmunds ezti es "144 Industry Rd, VAR-04-96 - x foot fence 1n the f o sett k id p anh tucPt ~ Mr. Daly pr es entetl the public bath ante requests published October 1st andn llt he Sanfortl 1{aroldrl Daly asked for taff c roject. arl Gos _tne explained the su tility e~ ent alonge the r o£Ct property allowed to athe property and e[hat the applicant and anya buildings along this ent have experenced andalism salt. Carl indicated businesses have used fences along Che the e en[ to sop andals amd provided s e pictures t the board to give an idea of Che graffiti. and Fences presently in place. . Gosline explained the applicant's desire to fence i their parking lot a ethod to stop s andal ism. The fence setl by the applicant will i rudeei the front setback -~ The code does not permit any s uctuies or fences i the front setback. Carl pointed out that staff r ended 2 denial a other options may e ist and that the burden of proof rs with the applicant to prove his request i> nessacar y. Daly askad about Che LPA's findings, Carl summerxzed the LPA meeting and its findings feom the minutes. ono £nquirea it Diner properties r nyaale wien milar~fances were to code. carl indi<atea eney are not to code. Daly asketl for c ents i support of the v ioht, roperty Manager f r Rodgers antl EdmundsaPrope oti es " and and yave a brief history of the site. He c veyed seFersonal intezactions with vantlals and juveniles who c o play in the sites parking lot and explained he has observed ]uveniles a s the property from the u ity e ent an"d fro the right felt tiM1at then rt y's endationr for solving Vthe pzoblem ditl n adtlress both theoa s points. A c rolled a gate and Eence around the parking area would atltlress botheaccess points. Daly asked for any m n favor of Che v there w Daly asketl foc to o the v Carl felt Chat staff had made i and n othez ac offered, but added that landscaping code should have requiretl a fence along the rear as a buffering device. Mr. Wright he felt that [he natural barrier addressed i the [off report not a year r and deferent. Carl s Cetl the utility e 2nt i a legitamate pedestrain walk way abuC the access into tihe industrial park is a problem. Ms. Wilder m ved to close Che public hearing ana M_. namn~ond secontled and it passed unan_mously. Da 1y stated the shortcomings of previous staffs and Commissions for peesent problems with mpliant grope rt ies.e There a a great n of f - onfozmance with city code e[hat a t being c tetln Min Daly pointed o that the v ayains[ Cheo cotle. He also stated that if the v eapassed it would c med Camp" e ent. Me .r Daly felt requesting then p[oper law en £orcement it m the ec[ solution foz andels and espasser not fences. also tetl the property shoul.tl address the Citye Commisiona for more serrous wlaw en _o_cement eifor is. Ms. Wiltler responded Chat law enforcement will not solve the roblem, enci ng seems to be a viable solution rn [odaL~s society. e right added that [he E-Z GD i milar to the design they ould u Mx. Daly a ketl if E code? cazl indicated that itsis not. Mr. Daly statedZthatr at rs not a good example then. M right provide the Board photos of the £-Z Go and other sites in the Longdale Industrial Paz k. osline pointed out that the applicant could c nst ruct a ity fence r the Eront, but t enty five feet. off the boundry line t set Che setback without a fence. Carl pointed out that ehi~ woultl be an rnconvenrence for parking and and v cetl that i only fair to give the applicant whatH his neighboors have thad. Ms. Wilder agreed. . Hammond made a motion that the v e pass. Ms. Wilder secondetl. Mr. Daly asked for a loll callnvote. Mr. Hammond and Ms. Wilde[ voted yes and Mr. Daly voted no. The motion did not pass because three votes a re quiretl for any motion to pass. The effect of this action i.s that the matter was tabled until the next meeting. 3. REQUEST' N ROM, ~ TO CANSTRUCT AN CE ON T APPLICANT - EDWARD "RUU'~AB PASTOR OF Daly asked £or staff c earl stated that the cequest c red two i~ s for a height of eightnfoot fence, the other w address the placement of fences rat suppoetst oto the out side. taff ends denialc of the height variance because no hardship Mr. Daly asked for c ents i approval of the v Mr. Abt identified him elf andnprovided pictures of theesite. . Ab[ admitted he could n address code i He Eel[ that staff did not address there is[ing eight foot wall o The Uog Track Road and the bufferingxaddressed in the staff report was not possib l.e. Daly asked for any m sots, there w Mr. Daly asked fox a rebottle rto cM~ Apt's pointse Carlnstatetl for parking that the church struciure is correctly buffered. . Daly c ted Chai the v against Che cotle, and that the e ing wall that i eight foot i mo liance antl that this variance only perpetuates the error. Mr. Daly enaea co the board chae a ompromise be mane t allow Cheo strucC Ure Che s_de, but set precetlenT by allow ing the night foot fence for simply aes tedic seasons. Ms. Wilder m ved that the eight foot fence v e be denied but allow the uctur3l supports be ap la ce to the outside of the fenceirMr. Hammond seconded the motion and it passed unanimously. The Board took a 10 m_nute recess and reconvened the meeting wilder made a motion to table election of officer until a five member board i obtained. M mmond seconded the motion and the motion passed unanrmousl yF'a 1995 C e boned requestetl a replacement of the fifth s t from districts 1, 3, or 4. The 9oA directetl the Chai rmanet end a .,trong leeeer to the City Commission regarding this matter. Mr. Hammond made a approve the m s for August _6, 1996 as submitted io MS. Wilder secondedu antl 1C passed 1996 submitted. Mr. Hammond seconded and _ sed unanimously. J. ONSIDERATION O ROCEDURE: The boaetl discussed how to handle m fogs with the up c ing no t.i days. Ms. Wilder made a motion to c celled the N vembe.r 20th and the De<ember meeting and r schedule both fox N venter 25th at 5:95 P.M. Mx. Hammond seconded the motion and o sed cramimousl y. . Gosling discussed possible c [he code and its The. rules of procedure gw ei tabled u ull Boa rde but Oaie to continue to appear as an agenda ni Cem.