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BOA12-15-10Min CITY OF LONGWOOD Board of Adjustment City Commission Chambers 175 W. Warren Avenue Minutes December 15th, 2010 7:00 P.M. ATTENDANCE: BOARD: STAFF: Barry Revels, Chair Sheryl Bower, AICP, Director Arthur Heintz, Vice Chair Chris Kintner, AICP, Planner /Stormwater James Seamon, Member Giselle Gonzalez, Recording Secretary Autumn Doulong, Member 1. CALL TO ORDER Chair Revels called the meeting to order at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE. Chair Barry Revels led the Pledge of Allegiance. 3. APPROVAL OF THE MINUTES FOR A. Regular Meeting: November 17th, 2010 Vice Chair Heintz moved to approve the Minutes of November 17 2010. . Seconded by Member Seamon and carried by a unanimous roll call and vote with Member Doulong and Member DeNegre absent. Note: Member Doulong was late and arrived after the approval of the Minutes of November 17' ", 2010. 4. PUBLIC HEARING Disclosure of Ex -Parte Communication. None BOA 12 -15 -10/1 • A. VAR 13 -10 A variance to Longwood Development Code Article III, Section 3.2.3 (11), requiring a dumpster enclosure. Address: 555 Dog Track Road Property ID #: 05 -21 -30 -518- 0000 -014D Applicant: Sandra Balsamo Mr. Kintner stated that item was a variance request to LDC section 3.2.3 (11) which requires a masonry wall dumpster enclosure. Mr. Kintner informed the Board that the applicant's concern was the requirement of having a masonry wall dumpster enclosure. Mr. Kintner explained that item was brought to Staff's attention by Code Enforcement. Applicant had pulled a building permit for a loading dock that required removing the existing chain, link fence dumpster enclosure. As part of removing the chain link fence, there is a requirement that the dumpster must comply with the standards of the present code. The present code requires that dumpsters shall be enclosed on three sides by a masonry wall consistent with the color and design of the development of a height sufficient to entirely screen the dumpster from view. Mr. Kintner noted that the applicants request is to be exempted from that requirement. Mr. Kintner stated that Staff was unable to determine a hardship based on the five required findings of section 9.2.2 (B) of the Code. In addition, Mr. Kintner indicated that in regards to the initial detennination, Staff s recommendation is that the request be evaluated based on the cumulative effect of granting the variance to all who may apply since there is nothing specific to this site in terms of its geography that requires a variance. Mr. Kintner pointed out that the applicant's main concern is that the dumpster enclosure attracts vagrants and therefore creates a safety issue for employees. Mr. Kintner explained that from Staff's perspective this issue does not meet the definition of a hardship. From a personal level Staff is sensitive to these safety issues but believes that they are better addressed through a Law Enforcement perspective rather than a Land Development Code perspective. For that reason, item did not meet the Code's definition of a hardship. Mr. Kintner stated that Staff recommends denial to this variance request based on the fact that Staff was unable to make a positive recommendation on any of the five findings of section 9.2.2 (B) of the Code. Chair Revels requested Applicant, Mrs. Sandra Balsamo to proceed to the podium. Mrs. Sandra Balsamo stated she works for Florida Marking Products located on 555 Dog Track Road. Mrs. Balsamo pointed out that after the dock was built they knew the old fence needed to be removed. Applicant explained to the Board that BOA 12 -15 -10/2 when they were informed that concrete needed to be poured around the dumpster, the company decided to proceed with the variance request process. Mrs. Balsamo stated that safety issues arise when employees need to go out to the dumpster. Mrs. Balsamo described to the Board that employees have encountered vagrants having intercourse in between the dumpster and fence, washing clothes and hanging them on the fence, leaving items such as condoms, needles and broken beer bottles. Mrs. Balsamo explained the situation has gotten to the point where the female employees ask for a male employee to accompany them when emptying the trash in the dumpster. Chair Revels asked if the property had enough lights. Mrs. Balsamo stated that there are enough lights on the property and that their neighbors also have a lot of lights on their properties. However, Applicant informed the Board that despite having sufficient lights, their neighbors have had vagrants actually walk into the building to use the bathroom. Mrs. Balsamo informed the Board that due to those reasons,, the company has put in security measures to avoid having problems like their neighbors. Mrs. Balsamo stated that the company has installed key pad systems to get into the building so no one can enter unless they are buzzed in. Applicant stated that company has implemented these measures to make it safer for. employees. However, there is still a safety concern when employees are outside the building emptying trash into the dumpster. Chair Revels asked Applicant if there could be a possibility of locking up the dumpster area and installing a pad lock system. Enclosure could have three concrete walls and a chain link fence on the front with a pad lock so that when employees go to throw out their trash they are able to see through the fence. By having the walls and pad lock system vagrants would have to climb over to get in the dumpster area. Mrs. Balsamo stated that due to the economic situation and people losing their homes, people will do anything to have a place to stay. Chair Revels stated that he feels these issues are something Applicant should call the police on. Mrs. Balsamo indicated that they do call the police. Chair Revels suggested to the Applicant to talk with the Police Chief and ask about the possibility of sending someone every couple of hours to check the area. Once people see the police they usually do not want to be around too much. Chairs Revels also stated that the area where the property is located is known to have problems like the one currently described. Mrs. Balsamo pointed out that since Post Time is right across the street they have had occasions where people go to their property looking for their cars. BOA 12 -15 -10/3 Chair Revels stated that Post Time has done a nice job redeveloping. Mrs. Balsamo agreed with Chair Revels. Mrs. Balsamo explained to the Board that the main reason why they wanted to apply for the variance was for safety reasons because they believe employees are experiencing scary situations when accessing the dumpster. Chair Revels stated that the situation is a problem that he believes needs to be addressed by the Police Department. As far as the dumpster, even if Applicant leaves it as is, vagrants can still sleep inside of it. Mrs. Balsamo stated that people could sleep inside the dumpster however it would not be likely because company has just added a second pick up for the week. Mrs. Balsamo informed the Board that the company she works for was just acquired by a large corporation in Ohio. The new owners have built the dock, painted the building, uplifted the inside of the office and replaced the doors to make them more secure. Vice Chair Heintz asked Applicant if anyone has prepared an estimate to add the concrete walls around dumpster area. Mrs. Balsamo stated that ICC has built the dock but has not provided an estimate for the dumpster enclosure yet. However, being concrete, Mrs. Balsamo stated she believed it would cost about $5,000.00 to build the concrete block around the dumpster and add the gate. Member Seamon asked Applicant why one of the concerns about building the dumpster enclosure was the removal of trees. Mrs. Balsamo stated that since the dock took up the space where the dumpster used to be, they thought that trees would have to be removed in order to build the enclosure or be placed where the yellow stripes on the parking lot are located. Member Seamon stated that he believes the yellow stripes were just placed so no one could park in that area. Mrs. Balsamo stated she did not know if the enclosure needed to go right next to the dock. Member Seamon stated that it appears the property has enough room to use the existing concrete without having to buy more. Mrs. Balsamo stated that the issue was not that they could not build the enclosure but their concern was mainly with the safety issues that arise by having an enclosure. With all the lock down procedures the company has done, BOA 12 -15 -10/4 Mrs. Balsamo stated she thought it was worth trying to move forward with the variance request application. Member Seamon asked Mrs. Balsamo if she was the owner. Mrs. Balsamo stated that she was not the owner of the company, she was the administrative assistant. Mrs. Balsamo explained that Mrs. Jackie Abrams is the owner of the building and the owner of the business was the Kennedy Group out of Ohio. Mrs. Balsamo stated that the Kennedy Group likes the City of Longwood and that is why they decided to move their business to Longwood. Mrs. Balsamo stated that the building in Longwood has 10,000 SF. Applicant also pointed out that one of the buildings the Kennedy Group has in Ohio is around 55,000 SF. Chair Revels closed the public hearing for discussion amongst the Board Members. Chair Revels stated that the security part comes from the Police Department. Adding a pad lock system would help. Member Doulong stated she has seen the pad lock system in CVS Pharmacies and McDonalds, a lot of places have gates and lock them up. Also Member Doulong noted that motion detector lights might help with the security issue. Chair Revels and Member Seamon agreed with Member Doulong. Chair Revels reopened the public hearing. Member Seamon moved to deny Variance 13 -10. Seconded by Vice Chair Heintz and motion approved by a unanimous roll call and vote with Member DeNegre absent. Ms. Bower explained that when the Board denies a request, Staff has to send a letter and outline the decision of the Board. For that reason Ms. Bower stated she would like to ask the Board to use the recommendation Staff has provided in the staff report on page 4. Ms. Bower stated she needed the motion and the, reason why the request was being denied. Member Seamon moved to deny Variance 13 -10 based on setting a precedent for properties that do not have a dumpster enclosure but have the available room for it. Member Doulong seconded the motion and approved by a unanimous roll call and vote with Member DeNegre absent. BOA 12 -15 -10/5 r • 5. OLD BUSINESS. None 6. NEW BUSINESS. None 7. DISCUSSION AND SCHEDULE FOR FUTURE AGENDA ITEMS Ms. Bower stated that at this point there are no agenda items. If Staff receives any item between now and the January 1 the deadline, Staff will schedule a BOA meeting. 8. PUBLIC COMMENT. None 9. ADJOURNMENT Vice Chair Heintz moved to adjourn. Seconded by Member Doulong and carried by a unanimous voice call and vote with Member DeNegre absent. Chair Revels adjourned the meeting at 7:20 p.m. 4,8 Barry Re els, Chair ATTEST: C-i� ilk_ C-tiorzc5Itez Giselle Gonzalez, Recording Secretary BOA 12 -15 -10/6