BOAMin06-09-86BUARD OF AUJUSTNENT
JUNE 9, 1986
Present: Frederick Pearl, Vice Chairman Jay Nault - Nault Special Exception
Rod Cable James Zi rkel, Art Nackbar - Zi rkel
Onnie Sh mia to Variance
Joyce Sober James Macon - Lindquist Special
Lh ri sti an Nagle, City Planner Exception
Geri Zambri, Deputy Li ty clerk J{m PauchereY Nos sey (NCA)IVari antes
Abz en[: David Lewis (ex cvsed)
1. The meeti n9 was called to order by Dr. Pearl at 7:35 P.H.
2. Approval of Minutes: Motion by Mrs. Sub er to approve the Minutes of the May 72,
19Ufi mee Ci ng with a correction Co page 4, paragraph 1, sta tl ng that hlr. Lewis
passed the gavel to Nrs. Sober and Dr. Pearl s conded Ue motion. Mr. Cable seconded
the motion. Flo ti on carried by a unanimous roll call vote.
Mr. Nagle stated that Mr. Helms, the Building Official, u val ly presides o r the
Board of Atlj ustment Meeting, but was excused due to illness in the family. ve
3. Public fleari ng -Special ExceDif on - Applicant: Jay Naul t. Location: Vacant
e lying on east side of Ra ngel ine Road immediately south of Meatlowrf dge
Subdivision. Request to construct a Day Care Lenter. Zoning R-1. (SP%-1 -86 ).
Dr. Pearl opened the Public fleari n9 and displayed proof of publication. Dr. Pearl
asked if anyone present would like to speak for or aqa i nst the va hir. Frank
Shelton of hlead0wri dge subdivision spoke against the request citing traffic co -
9es[ion on Rnn9ei ine Road, vi of ati nq integrity of residential neighborhood. 0r.
Pearl read a letter re ved front llr. Stephen Miller oppps in9 the request and asked
that ft be made a parteof the record. Mr. Jay Nault spoke in favor of the request
s to ti n9 demo9ra obit report indicated the need for the center and sta ti n9 that the
boil di n9 could be situated in a different position if so regvi red. Mr, Vincent
My rray spoke in opDOSi ti on to Che request and stated he and Ms. Pa [re Roberts owned
property adjacent to the subject property and did not re notice of public
hearing. Ilr. Nagle stated the aDpli cant did svbmft the na s of owners of record
within three hundred feet of the subject property and the trait must have been an
rsi gh[ that Ms. Roberts and Mr. Murray were not notified. Ms. Patre Roberts
poke in opposition to the request. Ns. McCracken spoke in opposition to the
request and stated she abu its the property and dfd not re notice of the
public hearing. Ms. Ida ry Soila spoke in opPOSi Lion tP theerequ est. Mr, Mark
Rabinowitz, Devonshire, stated he spoke to most of his neighbors and they were
all in opposition to the request. Ne stated that if the center housed 100 children
there would be a minimum of 25p ca mi ng to the center at peak hours. Mr.
Rabinowitz stated the us not in the best interests of Longwood and the neighboring
land owners, and not moth esbest interests of the children. Ns. Pat Alien spoke
n opposition to the request. Ms. Ruth A. Gardiner, representing Mr. lvnos JP ne s,
r of subject property, spoke in favor of the request and stated her client
wsetryi ng [o tlo everything right. She stated he had tried at one time [o develop
en lot subdivision. Mr. Nagle stated the final plans had been approved but
M11rS eJones did not file the plat, Ms. Gardiner al s0 stated she had attempted to
negotiate developing for R-1 but the four property ow could not come to an
agreement. She questioned if the center i5 denied th enrwhe re does the aw er go?
Ms. Adrienne Perry stated she lives i a have on Aangeli ne Road and she in ti ga led
the zoning before she bought and was as ured by the Li ty Administrator, MrVethacey,
that i void r si den ti ai, She stated it w s difficult n w to get out of
her driveway ang sta Led she could not fmagi ne wh a tact would be like if the center
as permitted. Nr. Nen Ledl ow of Woodgate stated that the residents of Woodga to
do not want a cial entity located vn Rangeli ne Road.
Board of Adj us 4nent -2- June 9. 1986
Motion by Nrs. Sober, s condetl by Mrs. Shomd te, to close the public hearing. ~
Motion carried by a unani moos roll call vote,
Iloti on by Mrs. Suber, s conded by Mrs. 6homa to to deny the Nault Special Exception
request fora pay La re Center.
llr. Nagle asked that his letter of May 8, 19II6 to the LPA and his letter of June 2,
1986 to the Board of Adj a stmeht be made apart of the record. Mr. Nagle stated
the request should be evai ud led on the appl icabie Comprehensive Plan policies, i.e.,
policy to discourage strip co cial, adequately buffer residential land us
from higher intensity land vs ea nd maintain adequate setback and road facilities.
Mr. Na91e stated he believed the best use of the land would be for a resf denti al
subdivision, utili if ng the subject property and the adjacent vacant residential
properties, which alt could be tied into the Longwood Groves subdivision for
i ogress and egress rather than using Ranges ine Road.
Motion carried by a unanimous roll call vote
4. Public Heart n9 - Yarf an ce - Applicant: James E. Zi rkei. location: Lot 52,
Longwood. 16p' east of Wilma Street on north side of Pine, Request for a 5 foot
setback in lieu of required 20 foot setback for distance of first parking space
from driveway entrance. Zoning Historical. (V-4-86)
pr. Pea ri opened the public hearing and displayed prgof Of publ i<atf on. pr.
Pearl asked if anyone present would like to speak for or against the variance.
No one present spoke a9a inst the variance. Mr. James Zi rkel spoke in favor of
the va trance.
Motion by tits. Shqma te, seconded by Mr. Ca61 e, to close the public hearing.
Ilr. Nagle stated the LPA re mme ndetl to deny the requested variance but to grant
ce for three less pa~ki ny spaces due to the cons trafnts on the property,
e of lot, n zi ty to ru water line, potential paving as men t, and
requirement to mee teNis torte criteria. Mr. Zi rkel stated that after the LPA
leeti ng his fi nn did a prelfmi na ry design study antl stated the re mmended
ce by the LPA would not handicap the design of the site or use of the
boil ding.
Motion by Mrs. Shona to to approve the request with reduced number of parking
spaces (3) in lieu o{ the requested 5' setback ins ttaE of the 20' requirement
and [o grant the variance as recommended by the LPA. Motion died for the lack
of a second.
Mo tf on by M1irs. Suber, seconded by Mr. Cable, to deny the va requested
and to grant a redoes nq Che number of parking spacesa requ ired qn site
o that the appl icon tccan better work within the constraints of [he Codes to
neet requirements in order to make the project workable but that the minimum
number of parking spaces be no less than eigh t, based on a 2,24p square foot
boil tli n9, which includes the portion under Che porch, and Lhat this va
s qra n ted only to the applicant for the particular us mentioned on thi snpa reel
and should the us r change, the variance wool tlebe nullified. Motion
carried by a unan, moos roll call vote.
Board of Adj vs intent -3- June 9, 1986
Public flea ri n9 - Special Exception - Appl tcant: Pel le J. Lindquist. Location:
Lots 1, 19 and 20, 67ock E, Wi ldniere - west side of Wayman between Bay and
W. Warren. Request to relocate Pee Wee Day La re Center. Zoning R-2 (SPX 2-86)
Dr. Pearl opened the Public Hear in9 and displayed proof of publf cation. Dr,
Pearl asked if anyone present wished to speak for or against the va
Mr. George Rodriguez spoke against the request stating if pernfi ttedV theeday
rould destroy property values and would in s traffic to the ar Ile
stated the property was zoned residen tt al - andca sked why co cial should be
nni tted. Mr. Na91e stated residential z ni ng permitted day care centers by
special e ception. He stated the r s to provide c ent locations to
esi dentsxfor day ca Mra sNa yle asked that hi~nl etter dated May 20,
1H86 be made a part of they record. Mr. Rodri SUez stated he owned a lot adjacent
to the proposed day ca enter and intended to build a duel ex, however, he
stated M1e n s hest tan tc to build due to the fact that his tenants i other
duplexes ne r the day ca center compta in about the no e from the Center.
Vlr. Dale Mills, stated heewas opposed to the rel ocati on lof the Center. He stated
M1e lives one block from the center and can hear the no se from there. Mr. Da rryt
Litz stated he represented two property ow close to the proposed center who
opposed the proposed center. Mrs. Suber asked the distance between the existing
enter and the proposed center. She was advised it was apProxi ma tely 50 feet.
Mrs. Suber stated she did not believe 50 feet difference fn location could make
that much of e difference. Mr. Lest ie Hunter spoke 1n opposition to the center
and stated M1e lived directly ac ss from the existing day ca center. ttr.
Hunter stated he loved chi ldrenrbut the new day care center would be ~ feet from
his property and as it is situated no ss the street, the noise has created
problems for him. Dr. Pearl asked ifwanaadequate sound buffer would help.
Cynthia Stump spoke in opposition to the request. Beth Madison spoke in favor of
the request. James Loombs spoke in favor of the request stating he passed the
i sting center every day and there were ne re than three cars at any one
time at the center. He stated day ca cenier5mar needed. Mr. Jim Macon, project
a nag er for the prppo sed center spoke in favor of the request. Ne asked the
Lhai rman if he could ask for a show of hands in favor of the request. a large
portion of the avdf ence ra sed their hands in favor of the request. 11r. Macon
stated he did no[ see now 50 feet could make such a big difference. He stated
the Proposed but ltli ng would be very attractive, he stated they would construct a
c rete block wall if ne sa ry. Ne stated there is no problem with the traffic
ren tl y. hfr. Collins, o r of Che Center, stated he has been watching the
traffic aver the past two weeks and the mast ca at any one time was five.
Ilr. Rodriquez stated the retention pond would abu tt his property and the play
+oultl be between Mr. Hunter and the building, t~ir. Macon stated a drive-th ru
would be provf ded for drop off. Ne stated the drf veway entrance would be
gneVlayman, exiting onto Bay and will not affect Ha rren Avenue. Plr. Macon stated
ne owned some dvpl exes m the a and ns tenants nsea the day ca enter. xe
stated there would be no c7a1 1'iy h Ci ny only a front and rearrporch 1igh t.
Ns. Vicki Gersdo rf spoke in favor of the regves t. Mr. Macon stated he agreed with
Mr. Nagl e's request for a eyed drop off area.
Ilo tf on by Mrs. Svber, s conded by Mr. Labl e, to close the public hearing. Motion
carried by a una n,mous roll call vote.
Motion by Rlrs. Svber, s conded by Mrs. Ehoma te, to grant the Special Excep tf on
ues led subject toeLPA's re mmenda bons and subject to staff coements
and tM1at the special exceptf on bee9 ranted only to the applicant and not tra nferrable
to any other location or person. Motion carried by a unanimous roll call vote.
Board of Adjustment -q- June 9, 1986
6. Public Hearing-Variance - APPl icon t: Nal B. Parker. Loco tf on: Conmerci al
Air Londi ti onf ng - 1101 N. Nwy. 42 Z. fteque st to utilize existing driveway width
n if eu of required 25' width, also a regve st to ut ilf ze the existing parking
spaces (11) in lieu of the 18 spa ces required. Zoning C-3 (V-5-B6)
Or. Pearl opened [he Publ is hearing and displayed Drpof of publication. Or. Pearl
asked if anyone Present wished to Speak for or against the variance. There was no
ne present who wished to speak against the variance. Mr. Parker stated the
oa ria nce request was generated due to the fact that he was Dl annf ng a 150o square
Foot addition to his existing building. lie stated his business was located in the
i sti ng but ldi n9 For se en years, He stated that the addition was for warehousing
and there would be no a in em Dl Pyees or traffic to the site. Dr. Pearl
asked hlr. Parker if het beifeved the driveway needed to be two way. Mr, Parker
stated in his opinion it did not. He stated there were four people full time and
walk in business. Mrs. Shoma to stated to her knowledge there had never been a
problem.
hioti on by Mrs. 5uber, s conded by 11r. Cable, to close the public hearing. Motion
Tied by a roll call vote.
Motion by Mrsun Subeouss conded 6y Mr. Lable Co grant the variances a requested
subject to meeting all of staff comments and that the va es be contingent upon
the us continuing and once the use ceases, the variances cease. Motion ca rrf ed
by a vna nimous roll call vote.
Z. Public Nearing - Variances -John Massey, South Seminole Medical Office Buiidi ng
[1 representative. Locution: portion of South Seminole Med icat Plaza site at corner
of SR 434 and W. Lake Street. Request to locate furthest parki n9 sPa ce from
boil di ng at approximately 500 feet in lieu of the 400 foot maximum distance, also
request [o allow 4.5 spaces per 1,000 sq. ft. of total floor area in lieu of
required 5 spaces per 1,000 sq. ft. of total floor area. Zoning C-3. (V-6-86)
or. Pearl opened the public hearing and displayed proof of publication. Mr. Jim
Pau<he r, Administrator of South Seminole Hospital, explained the condition of
approval r mmended by the LPA and stated that HCA had completed a pa rkin9 analysis
which indicated that when totally occupied, with the parking spaces proposed by
IfOC[1, the total site, the hos Di tal, MOB [and M08 II, would still have nine more
parking spaces than required, Dr. Pea rt questioned the handicapped spaces. Mr.
Pa a ch er stated they had no Problem with relocating the handicaPPed spaces close
to the entrances of the building as suggested by the LPA.
Iloti on by Mrs. 5uber, s conded by Mrs. Shonm te, to close the public hearing.
Motion carried by a unanimous roll call vote.
Hotion by Mrs. Saber, s conded by Mr..Cab le, to grant the va and that a
rued parki n9 area be provided on site for the addi tional rs paces required, and
jes the even t, at 90% occupancy of the new building, the re rued parking is needed,
it will be built. Motion carried by a u m us roll call vote.
Mrs. Saber made a motf on to amend original motion to include the s[a tement that
ail handicapped spaces be placed at each entrance. I,lo tion as amended seconded
by Mr. Labl e. Motion curried by a unanimous roll call vote.
B. naa; tonal mscvss; on [terns.
A. Ms. Zambri reported that there did not appear to be any other evening
When the Commission chambers was free for Board of Adjus Ghent meetings.
It was the co of agreement of the Doard to retain the second
Monday of thenmon th sfor Doard of Atlj us Ghent Meeting.
Na and of Adjustment ~- June 9, 198fi
Ns. Zambri stated that once the poii ce station is comps eted there would
be more available space for meeting rooms.
pr. Pearl stated he was disturbed this even ing~by so a of the discriminatory
statements made during the public hearings by audience participants and requested
[M1at it be made a Dart of the record that di scrimiAa tory statements would not
be tolerated a[ the 9oa rd of Adjustment meetings.
Mrs. Suber stated she was upset that so e of the residents within 300 feet of
the subject requests w not notf Fied and stated she would contact the property
appraiser's office to seek their aid in assuring this did not reoccur.
9. Meeting adjourned at 10:75 PM.
Geri lamb ri, pepu ty L{ty L1 erk
Li ty of Longwood, flo ri da