BOAMin05-11-87eonno of AodusTrlErn
Longwood, Florida
Iday il, 198I
Present: Uavid A. Lewis, Chairman Per Lindholm, Li ntlholm Oevel opment
Rotl table Group Variance
Frederick Pearl Flichael L. Allen. 11i ke Guido,
Onnie shomate Allen Variance
Buford Helms, Building Official
Geri Zamb ri, 0ep. City Clerk
Abs en is Joyce Sober
1. The meeting was called to order by Mr. Lewis at ]: 35 P.M
2. Approval of Minutes of January 12, 198] Fleeti n9: Or. Pearl stated he would
like to make a co rec ti on to the minutes, under Item Q. Or. Pearl stated his
motion w that the Special Exception was granted in order to give the City
Administrator time to present figures to the City Commission for their next
meeting and that the Special Exception would be void the day after the City
Commission meeti nq. 1lotion by Mr. Cable, seconded by Gr. Peari, to approve
the Ili notes of ,la nuary 12, 198] as corrected. Ploti on carried by a unanimous
roll call vote.
3. Public Hearing -Variance requested by Lindholm Oevel opment Group to permit a
front setback of 1].3' in lieu of the required 20' setback o esi tlenti al
dwelling. location: E. Long Lreek Cove, Repla t-Amended Plat ofrkongwood Green.
Zoning RJ.
Mr. Lewis opened the Public Ilea ri ng and asked if anyone present would like to
speak for or agai nst the va Ilr. Lindholm stated that he had contracted
For all of the lots from Mrr Pi nkney which are located in the Oaks and that he
wf 11 submit foundation surveys and final s rveys to the City for each lot as
developed as as discussed at the LPA meeti n9. 11r. Li ndhoir~i stated the error
rred whenwthey were moving the stakes a ound in order to sa many trees
ascpessi ble and he stated his mistake was that he should have rechecked the
stakes himself. Mrs. McUe nni tt, stated she was purchasing the house, and
the e achment w ery in just the c of the house, and if you didn't
know the numbers, itswo old look rO. K. No one spoke against the variance.
110tion by Ur. Pearl, seconded by Flr. Cable, to close the Public Hearing. Flotion
carried by a unanlrno us roll call vote,
pr. Pearl asked 11r. Lindholm if he wa re that the other lots would not fall
within this catch 22. 11r. Li ndholnl stated he has asked Oom La vone, the surveyor,
to ve rfiy all the dimensions.
Motion by Br. Pearl, s onded by Ctrs, shomate, to approve the Lindholm variance as
requested. Flotion ca tried by a una nt moos roll call vote.
~ 4. Pubi is Ileari ng - 4ari requested by Ifichael Allen (owner Colin Burgess)
to allow a building to beat ns trotted o a lot with a fi2.5 foot~dep [h in lieu
" of the required 100 foot depth, also tonal low a G foot re setback in lieu of
the required 25 foot setback. Location: east si Je of S.a4lilma Street. Zoning:
I-2. Land Use: comnerc ial, General.
Board of Adj us Lnent -2- May il, 198]
Cdr. Lewis opened the Public 4lea ri ny and asked if anyone present would like to
speak for or against the va Idr, tli chaei Guido stated he was a isti ng
Mr. Allen in applying for then va Mr. Guido stated M1tr. Allen owned the
Shell station on SR 434 and i-4 andn5heii was got n9 to change the facility
into a self-service station and Mr. Ail en would like to build a enter
n the property in question. C,ui tlo stated the property w pique in that
it had 600' o so frontage wi th ra 62.5 foot depth. He Furth ers s to te0 that the
City of Longwood has recently ass es setl 516,40G For pout n9 on the property in
question and Mr. Allen i n full agreement to pay for this paving. Mr. Guido
stated they believe their project would benefit the City and that they would
save all the trees and would work with the City with the landscaping.
Hr. Tom Binford, 4fi] Pine Hill, Dviedo, asked to be s n by the court Reporter
present. t1r. Binford w Flr. Binford statedrthe o of the property
has created his own hardsM1 ip. rnMrn Binford presented the Boa rdnwi th a copy of
a plat of the property. Mr. Ei nfo rd stated the plat wa marked to indicate (in green
the property owned by himself and Cecil Moore and stated it was part of the SunPac
property and wa contiguous to the Burgess property. He stated Che Buryess property
marked in red. klr. Binford stated the property he owned was lantll ticked. He
stated he would like to 90 on cord with the va e that on November 2G, 79}11
he contacted M1lr. Burg ress re9a rtli n9 hfs predi ctamen tC lh~. Binford presented
Exhibit A for the record. Mr. Binford added Exhibits 6, C, D. E. F. G. !I. I.
d. and K for the record, which were letters of <orres pondence regarding the
property in question and copies of legal action regarding the property in question.
Mr. Binford advised the Board of 0.dj us bnent that they must follow the Code of
Longwood, Criteria for Granting a on page 1966, and reiterated Article
8, items b, c and 9 of the LongwoodaLOdeaand further stated Chat approval of
the va requested would create an undue hardship. Ne also stated that
s houl drthecCi ty widen Nilma SYreet, the co sC could be prohibitive if buildings
re built close to the road. Mr. Binford asked, that based on the documents
presented, that the reyu est for the variance be denied.
Mr. Guido stated he w not a and during the c urt hearing but w s told, and
Mr. Binford did not nienti on, that the Court ruled in favor of Idr. Burgess. Hr.
Guido stated Mr. Buryess did not make his own hardship that M1e purchased the
property from the railroad and has owned it for ten years. Mr. Guido presented
copies Gf the Court hol di n9 on the legal action to the Board of Adj us bnent for
the record.
Mrs. Shona to asked why Igr. 8vrgess did not exchange property. Plr. Guide stated
Che offer was not equitable based on Mr. Burgess having all the road frontage.
Nrs. SM1Oma to stated she was co toed about ze of ng on the rear property line
and asked haw the building cool debe mat ntai nedr. Mr. Guido stated that there
ways to maintain boil di n9s that we of ng on lot if nes. Dr. Pearl
asked if the property was under co ntrac tetoeMr. Allen and Fir. Guido an eyed it
Or. Pearl asked if Mr. Allen had contacted M .Binford to try toswork out
solution. Dr. Pearl also stated that s ie times when people speak person to
person they can talk. Flr. Guido stated he did not think the question was to
redo what the c uit c urt has thrown out. Dr. Pearl stated he believed the
Board needed therci ty Attorney look at the v and exhibits and give
9u idance. Or. Pearl s tetl he w s going to suggest that the Public Hea ri ny
be tabled before cl osi n9 the Public H ing. tle further stated that perhaps
during the co e of this tabling bothapa rti es could possibly ne9otia to an
agreement tha trwo old be reasonable to both.
Motion by Dr. Pea r1, seconded by fir. Cable to table the Public Hearing until
*Pfr. Lewis displayed proof of publication.
May 11, 198] -2- Board of Ad~usfiien[
r Thursday, ]:30 P.N., M1lay 28, 1981. and request that the C,i ty Attorney be Ores ent
t the special meeting ff possible o oMl ni on from the City Attorney if
she is unable to attend the meetings Motion carried by a unani sous roll call
5. Addi tionat 9f scuss ion Items. There were no additional di sc us si an items.
6. Meeti ny adjourned at 8:35 P. M.
Geri ZamO ri, Oep. City L1 erk
City of Lony~vood, Florida