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HomeMy WebLinkAboutBOA 03/23/2006 . MINUTES OF THE BOARD OF ADJUSTMENT REGULAR MEETING HELD THURSDAY, MARCH 23, 2006 CALL TO ORDER Chairman Resnik called the meeting to order at 7:00 p.m. in the Commission Chambers at City Hall. He led the Pledge of Allegiance to the Flag and Member Colburn led the invocation. Chairman Resnik called the roll and declared a quorum to be present. PRESENT: Chairman Resnik, Members Cox, Colburn, and Wilsen. Also present were Community Development Director Wagner, Principal Planner James, and Recording Clerk Aycock. ABSENT: Member Tice, who was excused. APPROVAL OF MINUTES Member Colburn. seconded bv Member Cox. moved to avvrove the Februarv 25. 2004. Board of Adjustment Minutes as vresented. Motion carried 4-0. NEW BUSINESS . MGF DEVELOPMENT/ABOUD VARIANCE PROJECT #VR-IO-28-05-1 PUBLIC HEARING Principal Planner James presented exhibits and the staff report for MGF Development/Dr. Aboud Variance located at 1161 Blackwood Avenue. BACKGROUND & DISCUSSION The Applicant is requesting a variance from the LDC Subsection 6-14 to place an additional 36 square foot wall sign on the rear of the building facing Blackwood Avenue. The application stated that the signage was needed on Blackwood A venue since this roadway was well traveled, and the small addition in signage was necessary for the commercial viability of the medical office. The Wal-Mart Supercenter project required a stricter criteria for the office-only outparcels to insure an attractive design to compliment Health Central campus located across Blackwood Avenue. Health Central has one sign along its entire frontage on Blackwood Avenue. To provide for a distinct visual buffer on Blackwood Avenue between the Hospital and the Wal-Mart Supercenter, the front entrances for these outparcels were designed to face west away from Blackwood avenue toward the Supercenter. The entrances located on the Blackwood Avenue side are rear entrances only; they are not entrances for the general public and operate only as an employee or emergency entrance. The proposed location requested for the additional signage is at this rear entrance. . Medical offices do not require the same location of signage that retail or other commercial development need. Signage for retail or other commercial development is used to pull traffic off the roadway since some potential customers make decisions to . Board of Adjustment Regular Meeting March 23, 2006 patronize these stores as they "pass-by" the location. Medical offices, on the other hand, do not pull in this "pass-by" traffic because physicians prescribe medical procedures, and customers/patients then seek out specific medical offices for their particular course of treatment. The signage criteria for theses buildings were purposely restricted for that reason. RECOMMENDATION Staff recommends that the Board of Adjustment make a finding under Subsection 4-9 B. (2) and (3), that: 1. The reasons set forth in the application do not justify granting a variance; 2. The denial of the variance will still allow for the reasonable use of the land and buildine:; and 3. The granting of the variance will not be in harmony with the general purpose and intent of these regulations and will be iniurious to the surrounding territory, or otherwise be detrimental to the public welfare. Staff further recommends that the Board of Adjustment recommend denial of the MGF/Dr. Aboud Variance request. . Chairman Resnik inquired as to why they needed a variance. Principal Planner James said (1) the size they wanted the sign was over what the City normally allows and (2) no signs were allowable on the back of their building, which is where they wanted it placed. Todd Presman, 28870 U.S. 19 North, Clearwater, said he was invited by the applicant to describe the basic site plan and the desired sign they wish to display. He said that a 36' sign is permitted per tenant on the west side and proposed the same size sign on the east side. He said the difficulty lies in the fact that the building faces Wal-mart, rather than the road and no sign displays on the road-side. Mr. Pressman said the condition in question is whether they could display a sign on the east side of the building, in lieu of using the end-cap of the building as authorized. He expressed that the specific criteria for this variance seeks similarity or hardship and the hardship is the uniqueness of the building layout. He further stated that many patients are referred from Health Central, which is on the east side of the building, and they cannot see their office from the road when they leave the hospital. He suggested they meet the criteria of the variance and also proposed the condition mentioned above to allow the sign to be located on the east side in lieu of on the end cap. . Member Colburn asked if the applicant owned the building or rented it. Mr. Pressman, said he rented the office. M..llIb~r COIDurn mqUIred If he knew of the SIgn rules When he signed the lease; he.b<l;eve~ ~ Ilarolsbi~ sh6ui<I foR "" "'016_ and ~"t the ""me" ~i JiJ" 2 . Board of Adjustment Regular Meeting March 23, 2006 Principal Planner James stated this specific site was intended to front to Wal-mart and have Blackwood A venue lined with trees. He added that the patients sent to this MRI office are referred from the hospital and walk-in business is not a factor; therefore, there is no need to advertise on the east side facing Blackwood Avenue. He said that no exceptions should be made since the site plan set-up was intended to have a certain look, which it currently does. The public hearing was opened. Community Development Director Wagner stated the Wal-mart Shopping Center was subject to intense scrutiny when it went in. He said the City's Land Development Regulations were all updated at that time as well. He stated a lot of negotiating was done with Health Central regarding the subject building and it was intended for them to be limited to medical uses only, no retail. He added it was well known that these buildings would front the Wal-mart and that no signage would be on the rear ofthe building. . Community Development Director Wagner suggested that a hardship is tough to claim when the applicant had not even exhausted all of the possible signage availability, such as the end-cap sign, which is allowable. He said that sign would be readily legible from the hospital exit area for patients to see. Dr. David Stokes, 1231 Blackwood, said he attended the meeting out of curiosity for his own office, which is located on the opposite building end cap. He inquired if a sign could be placed on the end cap as well as what they have mentioned for the MRI office. Staff said they would discuss the signage rules with him outside of the building; however, signage on the end cap is authorized. Community Development Director Wagner said that having the suite number on the east side of the building is allowable, because it is for identification and not for advertising. He added that a monument sign is also allowed. Todd Pressman stated that Mr. Wagner expressed how hard the City worked to make it harder and put more pressure on this particular developer than any other Ocoee businesses. He suggested that they meet the following four (4) criteria necessary for a vanance: 1. Special conditions and circumstances exist that are peculiar to the land to the structured or required subdivision improvements. The City placed extreme pressure on how this building was developed and resulted in them have signage that is far less effective than other businesses in Ocoee. The little interpretation of the provisions would deprive the outcome of rights commonly found by other users. They have a main thorough fare driving right past their building and an entire campus of medical offices. 2. . 3 . Board of Adjustment Regular Meeting March 23, 2006 3. The special conditions do not result in the actions of the applicant. They resulted from the City and their stricter requirements. 4. The grant of the variance request would not convert on the applicant any special privilege that has denied these regulations to other lands. That is certainly not the case here. Todd Pressman stated they meet those four criteria. The public hearing was closed Chairman Resnik reminded Mr. Pressman that the board only makes recommendations to the City Commission. He also stated he does not usually see MRI advertisements because their patients are usually all referred by their doctors; therefore, he personally does not see any hardship. Member Colburn said that the problem he has is that the applicant has not yet taken advantage of the end cap sign, which they are allowed to have. He stated he felt they did not meet all four criteria. . Member Colburn. seconded bv Member Cox. moved to denv the reQuest for variance for MGF Development. Motion carried 3-1. with Member Wilsen opposed OTHER BUSINESS None COMMENTS Member Wilsen stated that in the past the board denied a variance request like this and then the City Commission approved it. Chairman Resnik said that happens a lot and that is why he mentioned earlier that their board is only for recommendations. ADJOURNMENT The meeting adjourned at 7:40 p.m. j;f~ " . . lj<C<:'4--- v Holly Aycock, Administrative Asst. III . 4