VI (C2) Variance Request: St. Paul's Prebyterian Church, Case No. 06VR-2000 Agenda 11-21-2000
Item VI C 2
"CENTER OF GOOD LIVING PRIDE OF WEST ORANGE" MAYOR•COMMISSIONER
N Ocoee S.SCOTT VANDERGRIFT
d*/ CITY OF OCOEE C1MMISSIONFRS
- DANNY HOWELL
a 150 N.LAKrslroRr.DRWI'
p SCOTT JOHNS ON'
o OCOEE,FLORIDA 34761-2258 RUSTY lOHNSON
F4j -4%0 (407)905-3100 NANCY J. PARKER
f*Of 9000 N`
Cn Y MANAGER
ELLIS SHAPIRO
STAFF REPORT
TO: THE HONORABLE MAYOR AND BOARD OF IT COMMISSIONERS
FROM: JULIAN HARPER, ZONING COORDINATOR
THROUGH: MARTIN VELTE, BUILDING AND ZONING ( Fi TAL
DATE: NOVEMBER 13, 2000
SUBJECT: VARIANCE APPLICATION
06VR-2000: ST. PAUL'S PRESBYTERIAN CHURCH 11
9600 WEST COLONIAL DRIVE
ISSUE
Should the Honorable Mayor and Board of City Commissioners approve the Applicant's
variance requests to erect a sign on its West Colonial Drive frontage as depicted upon the
attached Exhibits #1, #2, and 43? Namely, a 5' setback from the adjacent edge of road right-of-
way in lieu of the 10' specified by Ordinance 99-23; allow a 160 s.f. sign (Principal Planner
Lewis' 9/7/00 calculation) in lieu of the 40 s.f. authorized by Variance 04VR-99: St. Paul's
Presbyterian Church; and, allow the top-of--sign to be 15' above the adjacent paved edge of
right-of-way vs. the 12' approved by Variance 04VR-99: St. Paul's Presbyterian Church?
BACKGROUND/DISCUSSION
On March 21, 2000, the Honorable Mayor and City Commissioners granted St. Paul's
Presbyterian Church their requested variances to build a 5'x 8' menu board type sign within 5' of
the West Colonial Drive right-of-way and 12' above the existing paved road edge in lieu of the
customary 12' above existing grade because of the site's steeply sloping terrain would otherwise
place it out of the view of passersby, see Variance 04VR-99: St. Paul's Presbyterian Church.
On September 28, 2000, the present application was deemed complete and was amended on
October 4, 2000, by the Applicant that in short, requests variances from City Code which would
allow the construction of the sign depicted in the attached Exhibit"3", namely a 5' setback from
the edge of the West Colonial Drive right-of-way; allow a 160 s.f. sign (Principal Planner Lewis'
9/7/00 calculation) in lieu of the approved 40 01; and, top-of-sign to be 15' above the adjacent
pavement edge vs. 12' approved.
Another way of re-stating and clarifying the present request is by pointing-out that the menu
board depicted on the attached Exhibit "3" was approved in March but all of the remaining
portions of the structure represents the present additional request.
POINT Olt
"CENTER OF GOOD LIVING-PRIDE OF WEST ORA NGE" MAYOR•COMMISSIONER
Ocoee S. SCOTT VANDERGRIFT
°r 9 CITY OF OCOEE O COMMISSIONERS
- rj ' - DANNY HOWELL
2 150 N. LAKESI IOIU DRIVE
v p SCOTT ANDERSON
rF O O OCOEE,FLORIDA 34761-2258 RUSTY]OHNSON
S} .�� (407)905-3100 NANCY I.PARKER
`� Of GOOV N`
CI It'MANAGER
ELLIS SHAI'IRO
Board of Adjustment
On October 18, 2000, the Board of Adjustment held a public hearing to consider the Applicant's
request for the cited variances. No public opposition was entered. The Board adopted the Staff
recommendation unanimously. Please see the attached Board of Adjustment"draft minutes".
RECOMMENDATION
The Building Department recommends approval of the signage depicted in the attached Exhibit
"3". The highway signagc permitted at the "Best Buy" store had an overall size of approximately
319 s.f. but the menu board was 185+-s.f.. Thus, given the wide 350' open expanse of St. Paul's
Presbyterian Church frontage along West Colonial Drive, the presently requested 15' wide sign
appears to accomplish the City's expressed goals to upgrade the quality of development within
the State Road 50 corridor.
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Exit/arr
MINUTES OF THE BOARD OF ADJUSTMENT
REGULAR MEETING HELD THURSDAY, OCTOBER 19, 2000
CALL TO ORDER
Chairman Resnik called the meeting to order at 7:30 p.m. Chairman Resnik led the
Pledge of Allegiance to the Flag and the invocation. Chairman Resnik called the roll
and declared a quorum to be present.
PRESENT: Chairman Resnik, Members Colbum, Cox, and O'Keefe. Also present were
Zoning Coordinator Harper, Assistant City Attorney Cookson, and Administrative
Assistant II Maxwell.
ABSENT: Members Tice and Savino (unexcused), and Member Almodovar(excused).
APPROVAL OF MINUTES
Member Cox, seconded by Member O'Keefe, moved to approve the Minutes of the
September 21, 2000, Board of Adjustment Meeting as presented Motion carried 4-0.
NEW BUSINESS
VARIANCE - CASE:No. 04VR-2000: Cox
Zoning Coordinator Harper read into the record the issue: Should the Honorable
Board of Adjustment recommend to the Honorable Mayor and City Commission that the
subject variance application be approved enabling the applicant to construct 700 lineal
feet of lumber storage racks to be erected within 5' of the southerly and eastern property
lines upon the subject property? The subject property is located at 322 Enterprise Street
in the West Orange Industrial Park. It is a 4.09 acre site zoned "I-2, General Industrial
District". Cox Lumber Company primarily builds roof trusses at this location. The
applicant has requested a variance to allow the construction of the lumber storage racks
within 5' of the rear and east property line. Whereas, Ordinance No. 99-23 "Commercial
and Industrial Development Standards" paragraph C (2)( c )(I), page 18174.13 states that
a minimum 10 foot landscape buffer is required between adjacent tracts.
Assistant City Attorney Scott Cookson directed the following wording to be placed in the
staff report, namely "any approved variance that results in an encroachment into the 47'
railroad easement should contain the following condition based on the existence of the
easement:
"The granting of this variance and the issuance of any resulting building
permit shall not be constructed as granting the owner any special right or entitlement
concerning use which superseded any rights held by any casement holder".
/ c (
DQAFT
Board of Adjustment Regular Meeting
Thursday, October 19,2000
Zoning Coordinator Harper gave a detailed history of the case. Staff recommends
denial of the Applicant's two variance requests to increase the percentage lot coverage or
impervious coefficient even greater than the presently existing 90% while providing no
additional storm water collection and retention facilities. Secondly, the "Industrial
Development" standards specify a minimum 10 foot landscape buffer between adjacent
tracts.
The granting of the requested variances would have "the effect of nullifying the intent
and purpose of these regulations". Furthermore, such variance shall not be granted by the
City unless and until "the following have been demonstrated", which none have:
1) "Special conditions and circumstance exist which are peculiar to the land
involved and which are not applicable to other lands";
2) "That a literal interpretation of the provisions of these regulations would
deprive the Applicant of rights commonly enjoyed by the other properties
with
similar conditions":
3) "That the special conditions and circumstance do not result from the actions of
the Applicant":
4) "That the granting of the variances requested will confer on the Applicant any
special privilege that is denied by these regulations to other lands....under
similar conditions".
Dave Swisher, Regional Sales Manager for Cox Lumber Company, stated the racks to
be installed are moveable, but Cox Lumber Company decided to bolt the racks down to
concrete pads for safety measures, which requires a variance. Mr. Swisher further stated
the Ordinance requires a 10 foot landscape buffer between adjacent lots, which means 5
foot off the property line either way. The proposal is to set the racks on the pavement of
the eastern side, place pads 5 feet away from the buffer on the rear side and grant the City
use of the 5 feet from the property lines. Discussion ensued.
The Public Hearing was opened.
David Beuler, 3511 Pine Hills Road, stated he has installed several racks for Cox
Lumber Company and there is no danger of uplift of the racks. He further stated the
purpose of the concrete pad is for leveling and securing the racks. Discussion ensued.
The Public Hearing was closed.
z019
DRAFT
Board of Adjustment Regular Meeting
Thursday, October 19, 2000
Member O'Keefe, seconded by Chairman Resnik, moved to recommend to the
Honorable Mayor and City Commission approval of the variance application 04VR-
2000: Cox, with the conditions recommended by Assistant City Attorney Scott Cookson as
follows': Any approved variance that results in an encroachment into the 47' railroad
easement should contain the following condition based on the existence of the easement:
"The granting of this variance and the issuance of any resulting buildingpermit shall not
he construed as granting the owner any special right or entitlement concerning use which
supersedes any rights held by any easement holder. " Motion carried 4-0.
VARIANCE - CASE NO. 06-VR-2000: St. Paul's Presbyterian Church II
Zoning Coordinator Harper read into the record the issue: Should the Honorable
Board of Adjustment recommend to the Honorable Mayor and City Commission that the
subject variance application be approved enabling the applicant to erect a sign on its West
Colonial Drive frontage as depicted upon the attached Exhibits # 1, 2, and 3? Namely,
allow a 5' setback from the adjacent edge of road right-of-way in lieu of the 10' specified
by Ordinance 99-23; allow a 160 s.f. sign in lieu of the 40 s.f. authorized by Variance
04VR-99: St. Paul's Presbyterian Church; and, allow the top-of-sign to be 15' above the
adjacent paved edge of right-of-way vs. the 12' approved by Variance 04VR-99: St.
Paul's Presbyterian Church.
Zoning Coordinator Harper gave a brief history of the case. Staff recommends
approval of the signage depicted in Exhibit 3. The highway signage permitted at the
"Best Buy" store located across the road from the churches sign, had an overall size of
approximately 319 s.f. but the menu hoard was 185+ - s.f.. Thus, given the wide 350'
open expanse of St. Paul's Presbyterian Church frontage along West Colonial Drive, the
presently requested 15' wide sign appears to accomplish the City's expressed goals to
upgrade the quality of development within the State Road 50 corridor.
Member Coburn, seconded by Member O'Keefe, moved to recommend that the
Honorable Mayor and City Commission approve Variance 06-VR-2000: St. Paul's
Presbyterian Church Has had been recommended by staff Motion carried 4-0.
OTHER BUSINESS - None
COMMENTS - None
3 or
IJ u y & CIT
Board of Adjustment Regular Meeting
Thursday, October 19,2000
ADJOURNMENT
The meeting was adjourned at 8:41 p.m.
Brenda Maxwell, Administrative Assistant II John Resnik, Chairman
4
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Copy of Public Hearing Advertisement
Date Published
Orlando Sentinel
TUESDAY, GOOBER 10, 2000
Advertisement
NOTICE OF PUBLIC HEAR-
INGS REGARDING REQUEST
FOR VARIANCE AFFECTING
PARCEL DESCRIBED BELOW
CASE NO. 06VR-2000: ST
PAUL'S PRESBYTERIAN
CHURCH II
NO
IS HEREBY GEN!
umflICE me Board of Adjustment o)
the Cr of Ocoee phas sched•
a y..d o tober 199,2000t l7.330
pp m.,or as soon thereafter as
'Joe petition of SI Paul's Presle order to B-
ari Church for a vanan
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according he provisions of
ANne IV,Section 4-91B1,page pares may appear el the cited
IBo a-I0094 of the City meetings end be heard with re.
!Ocoee Land Developmentsped le the proposed
Code. ACTION REQUESTED: A copy of the Applicanla petl
The Appplleenl is requesting a lion and the City of Ocoee Slag
V m allow the issuance Reportmay be examined in the
of variance
permit I t Buildg Department at City
a sign without 5'N a road�E. Hall. 150
N Lakeshore em'mn'G.virdlieu code;2 a a the hours of 800 a m and 5OO
v l9I,sign code; 2)allow a
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GG phone Johan Her . Zoning
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to Church:sign
allow Ova for iunn;r details.
he of the ent to be Is 9e o' rho Ocoee Board of Aa
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adjacent paved a r mn-
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times as they othereem necessary:
The Ocoee Oily CorAmlvlon Any interested pally shall be
will hold a Public Hearing to advised that the dates.imps.
per and lake action upon and solaces of anyi continuation fie Board oleAdjustment racom- d or continued public
ndation Tuesday. No- hearings shall be announced
umber 21,2000 l7 15 per. during the hearing andthat no
bin:Both meetings will beoheld manors notices
regarding item
in the Commission Chambersat You are advised that any
per-
DIM).Woee,FbMa 34761, son who desires toe peep any
decision ulnae al Ili public
The address of the subject hethe Proceedings
will needsn record t of
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Development coed.Interested tackshould
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Jean Grafton.City Clerk
COR5561393 Ott 10 2003