Loading...
HomeMy WebLinkAbout12-18-86 MINUTES OF THE BOARD OF ADJUSTMENT MEETING HELD DECEMBER 18, 1986 CALL TO ORDER PRESENT: Chairman Bruce Beatty, Members Vern Combs and Cliff Rhodes, Building Official Cecil Hurst and Deputy Clerk Susan Amesbury. ABSENT: Vice Chairman Bob Colburn. Chairman Beatty called the meeting to order at 7:30 p.m. He then led everyone in the Pledge of Allegiance to the flag and a moment of silent prayer. Chairman Beatty then stated for the record that there was a quorum present. APPROVALS Mr. Rhodes moved to approve the minutes of the August 25, 1986 Board of Adjustment meeting as printed, seconded by Mr. Combs and approved unanimously. VARIANCE INTERPRETATION - EARLINE MILLER As a matter of record, Mrs. Earline Miller was present with her attorney. Chairman Beatty began by explaining the Board's function to Mrs. Miller. Building Official Hurst fir,• then stated that he had corresponded with Mra. Miller by letter on November 06, 1986. He stated that the letter advised her of her violations of City Ordinances #710 & #790 and allowed her until November 17, 1986 to cease operation of her business. Mrs. Miller's attorney responded with an application appealing the denial of an occupational license. Chairman Beatty asked Building Official Hurst if the denial of the Occupational license was by the City Commission or by the City Manager. Building Official Hurst answered that to his knowledge, the denial was by City Manager Ryan. Chairman Beatty then questioned Building Official Hurst as to the zoning of 2 Floral Street. Building Official Hurst answered that the zoning is RIA. Chairman Beatty then questioned Mra. Miller as to the number of employees she has and Mrs. Miller answered, One (1) and myself, for a total of two (2). Chairman Beatty asked how many family members there were at the address and Mra. Miller answered five (5). Mr. Combs asked if one of the family members was the other employee and Mrs. Miller answered yea. Chairman Beatty inquired as to the nature of the business. Mrs. Miller responded that it was a mail order typing service. Building Official Hurst raised the issue of traffic volume generated by the business. Mr. Combs stated that per his packet, there were a variety of cars parked at 2 Floral St. according to checks run by the Police Department. Mra. Miller's attorney stated that the volume of traffic would not change regardless of the Board or City Commission's decision. Chairman Beatty asked Mra. 1 BD OF ADJUSTMENT 12/18/86 PAGE 2 Miller how much space the business occupies of the bottom floor. Mra. Miller replied, "under 20%" Her attorney stated that she was under the code restrictions. Building Official Hurst stated that Mra. Miller purchased the property at 2 Floral St. on July 30, 1986. He also stated that prior to the gale, a zoning change had been denied at that addreaa. He further stated that on August 22, 1986 the former Building Official, Mr. Sam Gerace cited Mrs. Miller for operating a business in a residential zone and gave her until September 02, 1986 to cease operation of said business. Building Official Hurst continued to explain that on September 02, 1986 Mr. Gerace checked with the operator at United Telephone and found that the business number for Publishers Entry Service had not been disconnected. The case was dismissed by Mr. Gerace on September 08, 1986 based on a letter from Mra. Miller indicating the phone was being disconnected the following Monday and that business had ceased. Building Official Hurst stated that on September 16, 1986 there was a license plate check run by the Police Department on the vehicles parked at 2 Floral Street on a weekday basis. He further stated that these cars arrived approximately 8:00 - 9:00 a.m. every Monday through Friday and departed around 5:00 p.m. Building Official Hurst stated that on Saturday and Sunday there were no cars or perhaps one (1) at this addreaa and that the newspaper was not picked up. He also stated that common sense dictates that the business continued to operate after Mra. Miller informed Mr. Gerace she had ceased said operation. He stated that in the six (6) months Mra. Miller has been in Ocoee she has shown a total disregard for City rules and regulations. Chairman Beatty asked Mra. Miller what specifically she was requesting, a special exception or a variance request. Her attorney answered that Mrs. Miller was not prepared to request either. He further stated that City Manager Ryan instructed him to appeal within thirty (30) days, therefore he was appealing the denial of an occupational license. At this time, 7:50 p.m., Chairman Beatty called for a recess for the Board members to review the Code. Chairman Beatty called the meeting back to order at 7:56 p.m. He stated that in reviewing the code; Chapter 2, Section 4.5, paragraph 1, he found that the Board of Adjustment could hear appeals of this nature. He asked for any residents of the area present to voice their opinions. Mrs. Daniels of 237 Bluford asked if there would be rezoning and if there would be any local hiring. Mrs. Miller answered that she was not requesting rezoning and that there would not be local hiring. Vickie Moorman of 201 S. Bluford voiced her opposition to a home occupational license being issued at 2 Floral Street. She stated that the property was zoned residential and that she would like to see it stay that way. She further stated that she did not want a buaineaa in the 2 BD. OF ADJUSTMENT 12/18/86 PAGE 3 block. Mr. W.H. Wurst stated that he has operated his business at 112 S. Bluford, which is zoned commercial, for about fifty (50) years. He also expressed confusion as to the definition of a home occupational license. Chairman Beatty asked Deputy Clerk Amesbury to mail Mr. Wurat the section of the code providing definitions to a home occupational license. Mr. Randy Goolsby of 200 S. Cumberland stated that after the rezoning of 2 Floral St. was denied, the property owner was told there must be at least a one (1) year wait before reapplication for rezoning. He stated that he felt drainage problems already exist and that this situation was leading toward commercial development in the area, which he opposes. Mr. Wayne Efurd of 301 S. Cumberland stated that since the rezoning denial he had driven back and forth pant 2 Floral St. and had seen many telephone trucks installing some type of equipment at this address. He further stated that evidently the people were going ahead with their plans despite denial of rezoning. Betty Hager, who owns a home on 2 Floral St., stated that she felt that this small business, if allowed, would continue to grow and set a precident to change the area from residential to commercial. Building Official Hurst summarized by stating that in his opinion, this business would continue to operate until drastic efforts were taken to halt it. He asked the Board to deny the request for an occupational license. Chairman Beatty asked Mrs. Miller if she had a specialized phone system installed at 2 Floral Street. Mrs. Miller replied yes, a watts line. Her attorney added a final comment that the neighbors comments were speculative and that he felt it was the Board's duty to interpret the code as written and take only the facts into consideration. Mr. Rhodes moved to recommend to the City Commission to uphold the judgement and ruling by City Manager Ryan and deny the request for an occupational licence based on Chapter 2, Section 4.5, paragraph 1 of the Zoning code. Motion seconded by Mr. Combs and approved unanimously. OTHER BUSINESS Mr. Combs stated that he was not sure how to stop business operation in residential areas. Building Official Hurst stated that the intent of home occupational license was for the resident to agree to the code restrictions. He further stated that one of the main things was not to change the outward appearance of the home to indicate a business was being conducted. Mr. Combs asked how to control these situations. Building Official Hurst replied that observation by the building department and investigation of complaints were two (2) ways and that it was a never ending situation. 3 BD. OF ADJUSTMENT 12/18/86 PAGE 4 Chairman Beatty asked Deputy Clerk Amesbury to provide the Board membera with the new code. He also asked to have the City Commission appoint new members as the Board is short. COMMENTS A. City Manager - None B. Building Official - None C. Board Members - None D. Citizens - None VI. ADJOURNMENT Mr. Combs made a motion to adjourn, seconded by Mr. Rhodes and approved unanimously. Meeting adjourned at 8:27 p.m. Chairman Beatty , ATTEST: Or De Deputy Clerk Amesbury P Y Y 4