BOAMin05-28-87BOARD OF ADJUSTMENT
Longwood, Florida
llaY 2D, 19DJ
Present. David A. Lewis, Chairman Lol in & Et eanor Burgess
Joyce Suber Michael Guido
Rad Lable (arrived at ]:34 PM) Michael Allen
Frederick Pea ri
Dnnie Shoma to (er ved at ]:32 PA1)
Buford Het ms, Buii d ing Official
Geri Zamb rf, Dep. Cf ty L1 ark
1. The meeting was celled to order at ]:30 P. M. J.'~~~ ff
'l. Approval of Minutes: Motion by Dr. Pearl, s co nded by Mrs. Suber, to ~ ,,/'
approve the Minutes Gf the May il, 190] Meeting.e Motion ca ri ed by a
unanimous roil call vote. Mrs. Shoma to arrived at this point in Lhe meeti nq.
3. Public Nearing - Variance requested by Michael Allen (Gwner: Colin
Burgess) to allow a building to be constructed on a lot with a 62.5 foot
depth in lieu of the required 100 foot depth, also to allow a 0 foot re
setback in lieu of the required 25 foot setback. Location: east side of
S. Wilma Street. Zoni ny I-2, Land Nse: Lomnerc ial General.
Mr. Lewis stated the Public Hearing was still open and was bet n9 continued
from the IAay 11, 198] Ineeti ng. (Mr. Cable arrived at this time.) Mr. Lewis
asked if anyone present wished [o speak for or against the variance. Mr.
nit chaei Guido stated he was the representative for Mr. Allen and stated they
requesting the possibility of a on tinua tion of the hearing. He further
stated that the Board of Atlj a stme nt had asked that both parties, Allen and
Binford, get together and negotiate. Ne further stated they had done so and
they thought they were real close to co li nq together with a contract to buy
the Binford property and thus might not need the variance. Mr. Guide
stated a ruling either way could hamper negotiations. Ne stated they have
erbal ty agreed to the contract; hoth 11r. Allen and Binford c attest to
this. Ile stated Chey had read F15. Lolby's letter wF icH is verynspecific.
Mr. Guido stated they would like to get it se[L1 ed and he thought they would
e to a agreefnent and c n possibly withdraw the v regve st and that
both parties would Ne Satisfied. The Board asked PlrarAl len and Mr. Binford
if they hoth agreed with Mr. Gu ido's request and Mr. Allen stated he agreed
and P1r. Binford stated he did not. Hrs. Suber stated she believed Pir. llagl e's
letter, dated May 2I, 19D), should be read into the record as ii wa
information which neither party was aw Mrs. Suber read from llr. sNagl e's
letter dated May 2I, 198I, Mr. Burgess rs toted in June of 1986 he owned three
parcels of land all by separate deed.a Grded in Seminole CGU nty. On June
12, 1986 he stated he sold o o Diversified Marketing and retained the t
others under separate deed. He stated e s purchased separately and i
1986 ,had sold the on qi nal Property acquired which had nothing to do with
the railroad property. Mr, Burgess asked, a ni ng the parcels we e alt
together, what could be done with it. He stated Mr. Nagle said hercould u
it fora parking lot. Mr. Bwr9ess presented a layout of a proposed projec to
that could have been built on the land and wouitl have met all city codes at th
time. r. Burgess stated hew not aw of the change i ing on the a[ 1
property until he Sold the piece to Diversified. Mrs. Sub erns s ked I1r. Burgess
if he ca into the City to ask about the zoning re9vl ati ons before he sold
GFf so IvcH property and Fir. Burgess stated he found out after the fact.
Mrs. Suber stated the way she looked at it, when Pir. Durg ass diU not allow himself
Board of Fldjustment -= flay 29, 196]
to keep a certain am unt of footage to comply, he placed himself in this
position. fir. burgess stated he was hopo ing to be able to do the sa
tbi n9 if he kept the property and did n t ell ~t. Iir, Burg ass stated be
d1d not knew about the zoning change until after Lhe June sale when he
me to the Li ty to question the paving as mentwhi ch had been placed
on the property. M1ir. Guido showed the Boa rdsof Adjustment an riot v
of the property and stated that ev n if the property had not been sml d~it
couldn't have been used any differently. Mr. Guido asked to be ex usetl
s he had another meeti n9 to a end, Mr. Guido again requested that the
Board of Fldjustment consider at e ofi the hearing. He further
stated he was confident that theyn cool dnhave the request withdrawn by next
week. He skated if P1r. Burgess had caused his own hardship is questionable.
Ur. Pearl asked if there was a verbal agreement. Mr. Guido sta Led they have
verbally aq reed and have kal ked price. Mr. Ri nford was asked if he would
like to c M1ir, ei nford asked to be s n by the Court keporter. Mr
Binfor0 wa Mr. Bi nford stated hews ived at ofi] Pine Hill Blvd.,
Oviedo, and thatnMrn Guido wa right, in es and they are consummating
a deal on the property. He stated he wool dsi ike Lhe rec0 rtl t0 reflect that
the property M1ir. Burgess bought was 50` not 62' deep. Ne further asked that
the Hoard of Adjustment made a decision on the application as presented on
the Li ty codes and not co ue the meeting. Mr. Guido stated he and fir.
A11 en fees they would be atla tlisadvan tag e. as they do not have a final
contract. Mr. Binford stated he respectfully requested Lhat the Board
mf Atlj ustment make a decision on the appl icati nn this evening based on City
codes and nothing else.
Mrs. Su bar made a motion to close The public hearing. Motion died fur the
lack of a cond. Mr. Guido sta tetl they were just trying to do what the
Board had requested. Ne stated if they could stay on a neutral position,
they could negotiate. Mr. Lewis stated the Board could not get invol vetl
with the negotiations.
Motion by Or. Pearl to continue the Pub 11c Hearing on the va requested
until the next regular nieeti ng of the Board of Adjustment atrnhicM1 Sti me they
an go over the ne information that was re ived by the Board and will
M1a ve the opportunity to confer with the attMrney in relation to information
and input given to the board. Mrs. Svber seconded the motion for discussion.
Mrs, Sober stated the Board's primary re sponsiblllty was to make e decision
ba setl on the criteria in the code regarding grant tng of va Mrs.
Sober further stated that she believed she could Ana ke a sou ndcdeci lion. She
further referenced the City Attorney's letter dated May 2I, 198]. Mrs. Su bar
withdrew hers and. Mr. table then s ontled the motion. Mrs. Shoma to stated
she believed the is e should be vo[etleu pon. Mr. Bf nfo rd asked that the
Board vote on the is Motion ca rietl by a three to two vote with Mr. Lewis,
or. Pearl and Mr. Cable voting aye and Mrs. Shomate and Mrs. Sober voting nay.
M1lrs. Sober stated she Would prefer setti ny a special meet inq rather than co
tinui ng until the next regular meeting. M11r. Lewis stated the re on he voted
to continue was because he wa rued with bow the land was transferred -
whether it created a ha rdshi psoronot.
Mr, Lewis made a motion to amend the motion to state that the Public Hearing
be continued to dune 1, 198] at 7:30 PM. Motion seconded by Plr. Cable.
Motion c led by a four to o vote with Gr. Pearl, Mr. Cabi e, Hr. Lewis and
Iirs. Suberrvoti ng aye and MrsneShomate voting nay.
a. mare war nos aaa; tonal al ampsa; on ;terra.
5. Meeting adjourned at 8:30 PM.
Geri Zambri, Deputy City Clerk
City of Longwood, Florida