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Home My WebLink About12-02-99 MINUTES OF THE BOARD OF ADJUSTMENT REGULAR MEETING HELD THURSDAY, DECEMBER 2,1999 CALL TO ORDER Chairman Resnik called the meeting to order at 7:30 p.m. The invocation was given by Member Colburn, followed by the Pledge of Allegiance. The roll was called and a quorum was declared present. PRESENT: Chairman Resnik, Vice - Chairman Jensen, Member Colburn, and Alternate Members Savino and Cox. Also present were Zoning Coordinator Harper, Building & Zoning Official Flippen, Capital Projects /Transportation Planner Friel, Assistant City Attorney Cookson, and Clerk/Stenographer Maxwell. ABSENT: Members Almodovar and Tice. APPROVAL OF MINUTES Vice Chairman Jensen, seconded by Member Colburn, moved to approve the Minutes of the November 8, 1999 Board of Adjustment meeting as presented. Motion carried 5 -0. OLD BUSINESS Discussion of Decorum *itio" In the meeting on November 8, members had discussed how the board would operate but had tabled the issue for later discussion after concluding with the following motion on which no vote was taken: "Member Tice, seconded by Chairman Resnik, moved to allow alternates to participate in all discussion, given the right to vote with an absentee member or a conflict, and to generally follow Robert's Rules of Order, with the emphasis on `generally'." In further discussion, Chairman Resnik said it had been agreed that alternate members could sit with the board, voice their opinions, and vote only in the absence of a member, with Mr. Savino the first to vote and Mr. Cox second. It was agreed that a quorum required for a vote would be three. Chairman Resnik, seconded by Vice Chairman Jensen, moved that the City of Ocoee Board of Adjustment follow Robert's Rules of Order. Motion carried 5 -0. NEW BUSINESS Case No. 03VR -99 Christensen Family I, Ltd. Zoning Coordinator Harper presented the staff report on behalf of the Building Department. He said the issue was whether or not the Board of Adjustment should recommend approval of the subject variance application the property located at 11460 West Colonial Drive. If approved, the application would permit the following activities: Stay Board of Adjustment Regular Meeting Soar Thursday, December 2, 1999 1.) Allow the addition of four (4) automobile repair lifts, under the open -air canopy, where none previously existed. 2.) Allow the placement of the lifts and repair operation within the fifty -foot (50') Colonial Drive Setback. 3.) Allow automotive repair to be conducted outside, not in an enclosed building as required by the Land Development Code, "C -3, General Commercial District ". Zoning Coordinator Harper gave a brief history of the case. He stated that the applicant purchased the property in question, installed the lifts without a building permit and no zoning clearance letter was issued. He said Staff recommends against granting the three requested variances per the standards and conditions described by Article IV, Section 4 -9, page 18093 -18094 of the City of Ocoee's zoning code, finding that: 1) There are no special conditions and circumstances which are peculiar to the subject property and improvements. 2) The subject property's improvements are legal non - conformity which allows for their continued use as a commercial site but with no additional or "new" code violations, which all more modern properties are prohibited from having. 3) That their special conditions and circumstances are the direct result of the Applicant, namely constructing the automotive lifts without first obtaining the correct City of Ocoee permits and clearances. 4) That the granting of the cited variances will confer special privileges, as previously outlined, on the Applicant that no other lands or structures enjoy. A lengthy discussion ensued. Capital Projects/Transportation Planner Friel presented the Planning Department's viewpoint. He stated that the applicant's option is to go through the City of Ocoee's Site Plan Review Process. He stated that this is the process any other land owner in the city goes through if they come into an existing business wanting to make modifications such as the applicant has made. He said in that process the Planning Department would review the project against all of the ordinances on the city books and would work with the applicant to approve a site plan. The plans would be turned over to the Building Department for the applicant to get a building permit. The public hearing was opened. Mr. Marzloff, owner of Atomic Brake & Tire (located on applicant's property), responded to the staff report. He said Mr. Paul Christensen had purchased the property approximately 1 1 /2 years ago from Mr. Griner. He leased the property back to Mr. Griner up to August of 1999. The Griners used the property for auto repair and the sale 2 Board of Adjustment Regular Meeting „,,,, Thursday, December 2, 1999 of used tires. The Griners did most of their repair work and tire work outside under the subject canopy. The equipment, tire changer, wheel balancer were permanently stored under the canopy area. He said the two full service lifts and two tire service lifts were installed without permits but this was not done intentionally. Mr. Marzloff stated that he, his wife, Mr. Christensen, and Code Enforcement Supervisor Simon met in the later part of August 1999, to discuss rules and regulations pertaining to the opening of an automotive and tire repair business in the City of Ocoee prior to applying for an occupational license. He stated that at that time Supervisor Simon did not say anything about prohibiting any form of outside repair work on the property. At the time of the meeting, the Griners were still occupying the property, and conducting business outside. He said they were working on cars under the canopies during the meeting with Code Enforcement Supervisor Simon. Mr. Marzloff stated the area in question under the canopy was used for servicing vehicles prior to the land development code becoming law. The Griners have used the area for years prior to the sale to Mr. Christensen. He said the repair area was not expanded, that it was already there since the building was constructed over thirty years ago, making them exempt from the term "expanded” and the use should be grandfathered. After leasing the property, many improvements were made. Mr. Marzloff stated that he has spent well over $75,000 on equipment and if a variance is not granted, it will cause extreme hardship. Mr. Marzloff answered the Board's questions concerning prior research, moving the lifts' location, services to be provided, repairing property, and landscaping. A lengthy discussion ensued. Vice - Chairman Jensen asked if it were possible to remove the canopy in question and place new canopies at another location on the property. Capital Projects/ Transportation Planner Friel said the applicant may go through a Site Plan Review Process. He said this would be considered a small scale site plan which would not go before the Ocoee City Commission. Discussion ensued. Paul Christensen, 9117 Bay Point Drive, Orlando, 32819 (the applicant and owner of the subject property) stated that he thought the auto repair under the canopies was a continuing use. He further stated that the beautification of the property will continue and said that a lift is not a structure, it is a piece of equipment. As there were no further public comments, the public hearing was closed. Member Colburn, seconded by Vice Chairman Jensen, moved to allow the business to continue with lifts because there is no non - compliance to the Code. 3 Board of Adjustment Regular Meeting Thursday, December 2, 1999 It was the consensus of board members in further discussion that this issue was not pertinent to the case at hand. Member Colburn stated he felt there are special conditions and circumstances which are peculiar to the subject property and improvements. Chairman Resnik stated he felt a reasonable person going into business would go to the municipality where that business was located and find out what needed to be done. Vice - Chairman Jensen and Member Colburn also concurred with Chairman Resnik. Member Colburn, seconded by Vice - Chairman Jensen, moved to recommend that the City Commission find that there is no change in the legal non - conforming use. Motion carried 4 -1, with Chairman Resnik voting "no ". OTHER BUSINESS - None COMMENTS - None ADJOURNMENT The meeting was adjourned at 8:57 p.m. " 6nr,01,,a_Pcauoila.Q. . Clerk/Stenographer Br Maxwell Ch. rman John esnik 4