PZ 06/12/2013 Minutes - Laserfiche WebLink

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Planning & Zoning Commission/ Local Planning Agency June 12, 2013 Page 6 Mr. Sorensen said staff finds the variance meets all six conditions and therefore supports granting of the temporary variance for three years. He said if the Planning and Zoning Commission chooses to grant the variance for the property located at 1415 East Altamonte Drive to allow a 38.5 foot high ground sign in lieu of the 15 foot sign allowed by Section 3 -16.3 of the Unified Land Development Regulations, the motion should be based upon the findings of fact and conclusions of the staff report dated June 12, 2013 and the following staff requested conditions: 1. The sign shall be either removed and replaced with a conforming sign or reduced in height to conform to the 15 foot maximum height required by the City's Code within 3 years of the Planning and Zoning Commission's approval or by the date of completion of the State Road 436/S. US Highway 17/92 "flyover project," whichever comes first. 2. The existing sign shall not be enlarged or enhanced in any way. 3. All of the above conditions shall be fully and faithfully executed or the variance shall be null and void. A brief discussion ensued regarding McDonalds failure to comply with the changes to the City's sign code, the flyover project being detrimental to the business and the Florida Department of Transportation (FDOT) determination for the completion date of the flyover project. Mr. Meadows asked the applicant to come forward. Mr. John Huels, Lowndes, Drosdick, Doster, Kantor & Reed, 215 N. Eola Drive, Orlando, Florida came forward. Mr. Huels stated there was never a letter or order sent to the owner of McDonalds to comply with the sign height. He said McDonalds received a letter in January 2013 indicating that the property needed to comply with the sign height requirements. He said there was never any type of enforcement action prior to that. Mr. Huels said McDonalds is located within the flyover project boundaries as determined by FDOT. He said there was a recent article in the Orlando Sentinel that looks at a similar road project in Casselberry and it highlights the impact the construction project has had on the businesses located in that area. He said there is a concern that the State Road 436/S. US Highway 17/92 flyover project will impact the business. He said they don't want to rebrand the property with a new sign in additional to the impact of the road improvement project. He said the City held an informational meeting in March 2013 regarding the flyover project and he took an excerpt from the PowerPoint presentation that shows the flyover project location. Copies were submitted to the Commission for their review (a copy is attached and made a part of the minutes). A brief discussion ensued regarding the City notifying McDonalds' concerning changes to the sign code. Ms. Smith, Interim Community Development Director, stated enforcement of the sign height requirements started in