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HomeMy WebLinkAbout08-13-90 MINUTES OF THE BOARD OF ADJUSTMENT MEETING HELD AUGUST 13, 1990 CALL TO ORDER The meeting was called to order by Vice - Chairman Colburn at 7:40 p.m., followed by the Invocation and Pledge of Allegiance. PRESENT: Chairman Beatty (arrived 7:45 p.m.), Vice - Chairman Colburn, Members: Rhodes, Alternate: Foster, Planning Director Behrens (arrived late), Senior Planner Harper, Building Official Flippen, Secretary King. ABSENT: Members: Boggs, Wix, Alternate: Miller OLD BUSINESS Board Member Rhodes moved to approve the minutes of July 26, 1990 Board of Adjustment Meeting. Board Member Colburn seconded and made one correction, and that was Chairman Colburn should be noted r as Vice - Chairman Colburn under New Business - Election of Officers. The motion was approved unanimously. NEW BUSINESS CASE NO. 1- 5SE- 90:JOHNSON The Special Exception application was submitted by Ralph and Elizabeth Ann Johnson, 2371 Hwy 50, Ocoee, Florida. Both were present during the meeting. The special exception requested is to allow a used car and truck sales lot in a "C -2" zone. The Johnson's recently purchased the subject property located at 2373 Highway 50, formerly the oriental restaurant, just east of Marshall Farms Road. The subject parcel is approximately 1.2 acres. Staff recommended that the Board of Adjustment recommend approval of the applicant's request for a special exception, subject to the applicant's submission and approval of a Site Development Plan by the Building Official for the adequacy of site ingress- egress, onsite parking, storm water retention, internal circulation, etc. per the City of Ocoee Development Code provisions. In other words, bring the subject parcel up to code as appropriate conditions and safeguards, pursuant to Chapter II, Section 4.5(2)(c) of the Code. Spencer Cross, 109 S. Lakeshore Drive, Ocoee, Florida, a neighboring landowner, appeared at the Board of Adjustment public hearing to pose an objection to the petitioner's request. He stated that there was a title dispute to the northerly 28 feet of Board of Adjustment Meeting Minutes August 13, 1990 Page 2 the subject parcel and felt that no action should be taken until the boundary dispute was resolved. After much discussion, Mr. Cross agreed that he would have no objection to the Special Exception request being granted to the southerly 477 feet or non - disputed portion of the subject parcel. The Board of Adjustment voted 4 -0 to approve the Special Exception petition in a "C -2 ", Community Commercial District" for a used car and truck sales lot, for the southerly 477 feet or non - disputed portion of the subject parcel. If and when the dispute surrounding the 28 feet piece is resolved, it may be added in or removed depending on the outcome of the legal dispute for or against the applicant. CASE NO. 1- 6SE- 90:GOINS The Special Exception application was submitted by Allen Goins, A.G. Development Group, Inc., 4014 Gunn Highway, Suite 260, Tampa, Florida 33624. Mr. Goins is the Developer of Good Homes Plaza located at the northwest corner of S.R. 50 and Good Homes Road. The Special Exception request is to allow a Child Care and Day Nursery Facility in a "C -2" zone. Mr. Goins stated that Li'l Pals child care facility has been designated in accordance with State criteria for such facilities within retail shopping centers. Li'l Pals have good instruction, nice environment, playground in back -- playground will have a solid fence for security purposes, standard equipment, overhangs, and will be well supervised. Board Member Foster moved to recommend to the City Commission to approve the Special Exception for a Child Care and Day Nursery Facility in a "C -2" zone, and to provide a privacy fence for the playground as well as tastefully maintaining the playground. The motion was seconded by Board Member Rhodes. Vice - Chairman Colburn stated that according to the site plan it shows Calico Jack's restaurant and bar located next to the day care facility and felt that such a place was inappropriate for children to be subject to. Chairman Beatty called for the question and the motion was approved with a 3 -1 vote. Vice - Chairman Colburn voted against. r Board of Adjustment Meeting Minutes August 13, 1990 Page 3 CASE NO. 1- 7SE- 90:GOINS The Developer of Good Homes Plaza, Allen Goins, A.G. Development Group, Inc., 4014 Gunn Highway, Suite 260, Tampa, Florida 33624, submitted an application for a Special Exception of an Automotive Retail Tire Sales Store (American Discount Tire) to be located in Good Homes Plaza. The staff's recommendation provided several guide lines. Staff recommended that the Special Exception be approved, provided that (1) the business is conducted "wholly within a completely enclosed building" (City Code Chapter IV, Section 9.3(4); (2) the business should not "emit any dust or smoke or noxious odor or fumes outside the building housing the operation, or produce a noise level at the property line that is greater than the average noise level occurring on the adjacent street." (City Code Chapter riow IV - Section 11.2(3); and, (3) this use should comply with the performance standards contained in Appendix 1 to Appendix A of the City Code (pg. 113 - Zoning Section). Mr. Goins described the tire shop as not a typical tire shop like "Good Year", but a retail tire shop with a regular size shop of 4500 sq. ft., three bays with garage doors, and all inside facilities. The two bays are to the north of the center and one to the east facing Good Homes Road. There will be a 6 foot wall in the back of the project. Mr. Goins stated that there would be future development in the back of the shopping center which is zoned "PS ", Professional Services, therefore, the neighborhood of Rose Hill should not be disturbed with noise. Gretchen Jacobs, 9127 Queen Elizabeth Court, Orlando, Florida 32818, Rose Hill Homeowner's Association, stated that the bay doors are up and that three bays face Good Homes Road and two bays are in the back. Mr. Goins stated that there was not suppose to be three bay doors facing Good Homes Plaza. Mrs. Jacobs is concerned with the noise level that will occur, especially with air jacks, air wrenches, and other tools that will be used. Another of her concerns was the traffic that would increase due to this store. Planning Director Behrens stated that a traffic study had been done and the intersection improvements, deceleration /acceleration lanes would be put inplace. Mrs. Jacobs stated that Mr. Goins had guaranteed the homeowners that the shopping center would be a nice looking center. She also included that she had never seen an elevation from Mr. Goins that showed a tire store. Mrs. Jacobs concluded by stating that the Homeowner's Association was opposed to the tire store. ' Board of Adjustment Meeting Minutes August 13, 1990 Page 4 John Denosky, 936 Sunny Dell Drive, Orlando, Florida 32818, Rose Hill Subdivision, stated that he had some concern about kids riding bikes to the store where much traffic would be generated. Mr. Denosky stated that the shopping center is not going in the direction they thought it was going in, and that it did not look like a community development to him. There was a brief discussion about the wording of the code that states that the business is to be conducted "wholly within a completely enclosed building ". Board Members disagreed with the interpretation of having the tire store workers work inside closed doors. Mr. Goins stated that he wants to see a nice facility too, and that the noise would be at least 300 feet away from the residents as well as a wall. Mr. Goins stated that if there are going to be any %we restrictions required then let's get the facts on the noise level. Mr. Goins felt that the only concerns of the Rose Hill residents was the noise level. Kathy Skipper, 9126 Queen Elizabeth Ct., Orlando, Florida 32818, Rose Hill, stated that they are pleased with the shopping center, but never did the developer say anything about a tire store. Alternate Foster moved to table the matter for further study until tests were done to determine noise level and until the wording of closed facility was set straight, Vice - Chairman Colburn seconded. Chairman Beatty stated that City Staff should perform the study. Planning Director Behrens stated that the City should not pay for such a study, but that the Developer should be approached to do it. The Building Official, Don Flippen, stated that if the special exception was not granted then the space could not be used for a tire store and it so stated on the building permit. Chairman Beatty stated that at the time of the noise level study the Developer, Rose Hill's Homeowner's Association, and City Staff should be invited, and it might be possible to visit a similar tire store and check for noise level. Chairman Beatty called for the question, and the motion was approved with a unanimous vote to continue the public hearing to a later date with all parties being notified. CASE NO. 1- 8SE- 90:ST. PAUL The Special Exception application was submitted by Rev. Bryan Stamper, St. Paul Presbyterian Church, Inc., 5225 Alhambra Drive, Board of Adjustment Meeting Minutes August 13, 1990 Page 5 Orlando, Florida 32808. The requested special exception is to allow the construction of a church sanctuary and accompanying buildings in a "R -3, Multi- Family Dwelling District ". The proposed site is located on the west side of Citrus Oaks Avenue, south of State Road 50. Staff recommended that the Board of Adjustment recommend to the City Commission that the special exception be granted. Mr. Jim Mize, an Elder of St. Paul's was in attendance to present the Church's petition and stated that the church had been looking for high land off Hwy. 50. The project site is 10.5 acres that slopes towards S.R. 50. The entrance to the church will be off Citrus Oaks Ave. Ken Smith, 9427 Lake Lotta Cir., Winter Garden, Florida 34787 Citrus Oaks Homeowner's Association, stated that they would be glad err to see the church build on the property. Chairman Beatty moved to recommend to the Board of City Commissioners that the Special Exception be approved to build a church sanctuary and accompanying buildings in "R -3, Multi- Family District ", seconded by Board Member Colburn. The motion was approved unanimously. COMMENTS Planning Director - no comments Building Official - no comments Board Members - Alternate Foster stated that the conservation area around the church site should have been questioned. Planning Director Behrens stated that Orange County will stay on the City's back to make sure it is brought into compliance. Citizen Comments - no comments ADJOURNMENT Board Member Rhodes moved to adjourn the meeting, it was seconded and the motion was approved unanimously. The meeting adjourned at 9:20 *or- ATTEST: CH'IRMAN BEATTY SECRETARY ;061---