PZ 05/08/2013 Minutes - Laserfiche WebLink

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Planning & Zoning Commission/ Local Planning Agency May 8, 2013 Page 3 In response to the Commission's question regarding the outside display of goods at Home Depot, Ms. Smith explained that Home Depot has an approved site plan for their business location. She said in the mid 1990's they requested outside display of goods and that was approved by the Community Development Director at that time. Ms. Smith said due to the fact that Home Depot is set back from the highway and has very good landscaping the area is used for storage and is not being used for display purposes. Ms. Smith explained that tonight's applicant is using the outside for display of merchandise and not for storage purposes. Mr. Meadows asked the applicant to come forward. Mr. Darren Lefkowitz and Mr. Howard Lefkowitz, 2730 South US Highway 17/92, Casselberry, Florida came forward. Mr. Darren Lefkowitz requested a site plan modification to their store location. He said contrary to the findings of City staff, he believes that a demonstrated necessity exists for creating both a limited yet defined outside display and service area without a continuous fence or wall due to the impracticality and unreasonableness of enclosure of such services and display areas per Section 3- 10.2(5) of the City's Unified Land Development Regulations Code. Mr. Lefkowitz presented a PowerPoint presentation to the Commission (a copy is attached and made a part of the minutes). He said the adjacent business' sign and vegetation blocks the visibility to the Ding Bikes storefront due to the existing setbacks. Mr. Lefkowitz said that the decrease visibility of their storefront translates to decrease in store traffic, sales revenues and overall business profitability. He said the setback represents an unnecessary and undue hardship on Ding Bikes. Mr. Lefkowitz said the City through established precedent already permits the visible display of goods in a non - enclosed outdoor environment by other local businesses. Mr. Lekfowitz reviewed several photos depicting outdoor display of goods within the City. Mr. Lefkowitz said Ding Bike exists to serve adults and children with special needs. He said they are a mission based for profit organization. Mr. Lefkowitz said Ding Bikes provides a community service which is highly dependent on their ability to be visible to pedestrians and motorists traveling along US Highway 17 -92. Mr. Lefkowitz stated that the two person tandem trike cannot be taken from the building because the doorway is not wide enough; therefore customers are unable to test ride the bike. He said this requires the bike to be