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HomeMy WebLinkAbout2007 07 09 Regular 603 Gregory J. and Brenda L. Jann COMMISSION AGENDA ADD ON Consent Informational Public Hearing Regular MGR. /1--/ IDEPT Authorizati x ITEM 603 July 9, 2007 Meeting REQUEST: The Community Development Department requests the City Commission consider a development agreement to allow Gregory and Brenda Jann to construct a new 3-car, 1,024 square foot garage at 932 Arabian Avenue and convert the existing 2-car garage into living quarters within 180 calendar days of a certificate of occupancy (C. 0.) for the new garage. PURPOSE: The purpose of this Agenda Item is for the Commission to consider a development agreement to allow construction of a new garage at 932 Arabian Avenue and the conversion of the existing 2-car garage within 180 calendar days of a C.O. for the new garage. APPLICABLE LAW AND PUBLIC POLICY: Chapter 166, Florida Statutes Chapter 6, City Code Chapter 20, City Code CONSIDERATIONS: The owner of the property located at 932 Arabian Avenue applied for a building permit to construct a detached garage. Staff denied the permit application on April 10, 2007, due to incompatibility with the number of garage spaces in the neighborhood (no more than 4 garage spaces with the majority having only 2 spaces). The applicant appealed the decision to the City Commission on May 14, 2007. At that meeting, the City Commission voted to uphold staffs recommendation and directed the applicant to come back with a development agreement requiring the conversion of the existing garage subsequent to issuance of a e.0. for the new garage. STAFF RECOMMENDATION: Staff recommends the City Commission consider the proposed development agreement to allow a new garage, subject to converting the existing 2-car garage to living quarters within 180 calendar days after issuance of a e.0. for the new garage. July 9, 2007 Regular Agenda Item 603 Page 2 of2 ATTACHMENTS: A - Location map B - Plot plan of the addition location C - Draft development agreement D - May 14, 2007 minutes COMMISSION ACTION: ( H G F ./ B rER "'NOLE co. 605 \ \ \ \ \ 7 ~ 6 8 NOTES: . " " f.. II I' Municipal Address Map Book PRINTED: REVISED: Apr 2005 1: City of Winter Springs, FL o 200 I"t.........."._.._ 400 . Feet " PAGE LOCATION KEY MAP WIlH 1 & 2 MILE RADIUS RINGS 3: ap Page Developed By: Southeastern Surveying & Mapping Corp. 2646 2: > ~ ~ > n == ~ trj ~ ~ NC>>T'~E = A' F E.MA.Etevallon Ce " ram 81-31 <Mev 1990) aeated 0 , " ~tered EnglneeT or surveyor I~ iubmltted 10 Bldg. Dept. prior to :51.A.e ~ FJIl'l L- SECTION 13 TOWNSHIP 21 S. RANGE 30 E. BOUNDARY SURVEY WITH IMPROVEMENTS 6/ P' v; (/ ?'ftJ ~~ '" yv 0 (' 0'" ,,'" ,if., r- q: r , ~ - ElEVATlON GARDENIA FARMS P.B. 6, PAGES 23.24 ~LEGENDII ~k~ : ~~~~~ONf~ PAD ~): ~~f~G~~DBUSlNEsS BIC - BACK Of CURB us - UETAL SHED C - CHORD N&D - NAIL & DISK CATV - CABLE TElE't1S10N UNE N,R. - NON RADIAL b~ : ~~LA~ING ~&U, : ~~:f~ JN1UTY gg~ - CONCRETE BLOCK PLANTER (p) - PLAT cu : gg:jg:m ~~U~~LL ifd&(UJ:: ~6i'JT ~~~t~~~~RE ~~V : ~~EfTE PIPE PCP - PERU ANENT CONTROL POINT CW - CONCRETE W~WAY ~~:: ~~~TT ~B~~~~~~CEUENT ClF~ :: CHCENAlTlERN UUN~" FENCE PRC - POINT Of REVERSE CURVE "~ PRU - PERIIANENT REFERENCE MOOU1oIENT C/S - CONCRETE SLAB R/W - RIGHT Of WAY ~ - CENTRAL R - RADIUS .E. - DRAINAGE RAD _ RADIAL .A.U.E. - ~R~~~~, T REC. - RECOVER~9c 9.~C - DESCRIPTlON SSUH - SANITARY~EWER UANHGLE tP - DEED ~H : ~~ttH~E ~~~TY ED &(U): ~ ~ Uit~g>T U.E. _ UTlUTY EASEMENT E - ElECTRIC UETER UGP - UNDERGROUND POWER UTlUTY I.R. - IRON ROO WF - WOOD FENCE I.P. - IRON PIPE I'hoI - WATER UETER GU - GAS UETlER WS - WOOD SHED L - ARC LENGTH WPP - WOODEN POWER POLE LP - UGHT POLE O.R. - OmCIAL RECORDS PROPOSED PAVERS In =50' ~ o z: .. :s .. CODES IN EFFECT d-oO~ NATIONAL ELECT. CODE IllEGAL DESCRIPTION:II ',c, & CURRENT F.E.C, LOT 97, 'MNTlER SPRINGS UNIT 3, ACCORDING TO THE PLAT "'~OF d<:iJ'-I FLORIDA AS RECORDED IN PLAT BOOK 17, PAGE 89, OF THE PUBUC R'o:, qS, BLDG. _ PLUMBING Of SEUINOLE COUNTY, FLORIDA.:~..:;~\.., GAS _ MECH s':~:'- ,. NO'I'I(')". THE MINiMUM FINISHED FLOOR ELEVATION SHAll BE NO LESS THAN SHOWN ~~~~~NG PLANS IF APPLlci;..~t:~~~~EgASE THAN 18 1:~~~~;~6~~~:;~~TION BE LESS ELEVATION. A FINISHED FLOOR E~~:r~~D (P R MEAN SEA LEVEL) SHALL BE REQUIRED . BEFORE A SLAB INSPECTION. LOT 96 LOT 98 !ISURVEVOR'S NOTES:II IICERTIFIED TO: II 1. SUBJECT TO ANY APPUCABLE EASEMENTS, RIGHTS-OF-WAYS, OR OTHER RESTRlCTlONS Of RECORD. 2. A SEARCH OF THE PUBUC RECORDS HAS NOT BEEN MADE BY THIS OFFICE. 3,' BEARINGS SHOv.!< HEREON ARE RELATED TO THE NORTHEASTERLY LOT UNE Of LOT 97, AS BEING N36'45'52"W, AS SHOv.!< ON lHE PlAT OF RECORD. 4. LEGAL DESCRIPTlON PRO\lDED BY CUENT OR CUENrS REPRESENTATlVE. 5. ABOVE GROUND ENCROACHMENTS, IF ON SURVEY. 6. UNDERGROUND ENCROACHUEN IMPROVEUEN, IF NY, NOT LOCATED ON SURVEY. 7. PROPERTY UES IN FLOOD Z S" X " AND . AE", EL 27.0, AS SHOv.!< ON FEMA I FIRM UAP. 8. EASEMENTS SHOv.!< PER PLA OF RECORD. e. TAX PARCEl 1.0. 113-21-30- 10. ELEVAl10NS ARE RELATED TO THE CROv.!< OF ARABIAN AVENUE AS BEING 100.00, AN ASSUMED ELEVAl1ON. 11. CONTRACTOR IS RESPONSIBLE FOR VERlnlNG ALL PROPOSED INFORUAl1ON CONTAINED ON THIS SURVEY. BRENDA L JANN GREGORY J. JANN OFFICE COpy BP# 07-0/3/3 CITY OF WINTER SPRINGS JOB NUMBER: 06-417D PROJECT NAME: e~~~ts~~E DATE DRAWN: 10/07/00 DRAWN BY: AWl( SCAlE: I" = 50' ANDREW V. ASBURY PROFESSIONAL SURVEYOR & MAPPER 254 S. RONALD REAGAN BLVD. SUITE #136 LONGWOOD. FL 32750 e-mail address:CIVILSURVEYS@aol.com Telephone (407) 830-0200 Fax (407) 830-0500 SHEET: OF 1 8UllYEYOIl'S CEFITlFICATE PARTY CHIEF: A1IloI DATE IN FIELD: 10/6.7/00 FIELD BOOK ../1. CHECKED BY: AVA DATA COLLECTOR: 06-417 I HUUY CPTIl'Y THATtt.: IURVlYSiQIWH HmIaON ." 1MII AND COM!CT IIIl'M11NTAl1ON Of" AIWIVft' UfrltlfRlIn'DlfllC1lOMANOtMATUlIlIUllVftMUn THlMlNlMUM mcHNICAL.STANCoUlIl8OPf\.OfIlDIIl AtlMINlatJlA1IYECOO!.ItUl!:'1Ql1"PIJftSlJANT .....ctW"IVI472.lIZl. IfOTYALlDUNUUtIUJ.lDwmtAHUI8OSIetlIv.t. b. AOOEO PROPOSED .oil. llO\OD GARAGE, ill BREEZEWAY 11/28/00 ~=/OF?'CES, WALLS h. ROTATED PRo. GARAGE n.. ~'v'ED GARAGE ~f.'~';)'..UPOAlE ~~,.b~'oal WALK PER ATTACHMENT C THIS INSTRUMENT WAS PREPARED BY AND SHOULD BE RETURNED TO: Anthony A. Garganese City Attorney of Winter Springs Brown, Garganese, Weiss & D'Agresta, P.A. 255 E. Robinson St., Suite 660 Orlando, FL 32802 (407) 425-9566 FOR RECORDING DEPARTMENT USE ON I.. Y RESIDENTIAL GARAGE CONVERSION AND OCCUPANCY AGREEMENT THIS RESIDENTIAL GARAGE CONVERSION AND OCCUPANCY AGREEMENT ("Agreement") is made and executed this day of 2007, by and between the CITY OF WINTER SPRINGS, a Florida Municipal Corporation ("City"), whose address is 1126 East S.R. 434, Winter Springs, Florida 32708, and GREGORY J. AND BRENDA L. JANN ("Owner"), whose address is 932 Arabian Avenue, Winter Springs, Florida 32708. WITNESSETH: WHEREAS, Owner is the current fee simple owner of certain real property located at 932 Arabian A venue, Winter Springs, Seminole County, Florida, more particularly described herein; and WHEREAS, Owner presently resides in an existing, single-family residence with an attached two car garage located on the Property ("Existing Garage"); and WHEREAS, Owner desires to construct a new three car detached garage in the rear of the property and also desires to convert the Existing Garage into living space; and WHEREAS, the Owner and the City acknowledge and agree that permitting the Owner to have both garages is not in harmony or compatible with the surrounding neighborhood; and WHEREAS, the City Code prohibits new development that is not in harmony or incompatible with the surrounding neighborhood; and WHEREAS, Owner desires to construct the new garage before commencmg the conversion of the Existing Garage; and RESIDENTIAL GARAGE CONVERSION AND OCCUPANCY AGREEMENT City of Winter Springs / Gregory and Brenda Jann Page J of7 WHEREAS, absent this Agreement, Owner would not be allowed to construct the new garage before converting the Existing Garage; and WHEREAS, Owner seeks a temporary exception to this City Code provision for the duration of the construction of the new garage and represents and warrants to the City that they will convert the Existing Garage into habitable living space upon the completion of the new garage in order to comply with the City Code; and WHEREAS, in furtherance of this request, the parties desire to enter into this Binding Development Agreement under the terms and conditions contained herein. NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties mutually agree as follows: 1.0 Recitals. The foregoing recitals are true and correct and are hereby incorporated herein by this reference. 2.0 Authoritv. This Agreement is entered into pursuant to the Florida Municipal Home Rule Powers Act. 3.0 follows: The Property. The real property subject to this Agreement is legally described as Lot 97, Winter Springs Unit 3, according to the plat thereof as recorded in Plat Book 17, pages 89 and 90, Public Records of Seminole County, Florida. ("Property"). 4.0 Terms and Conditions. 4.1 Permitting and Construction of New Garage. The City shall issue building permit number to Owner for the construction of a new three car detached garage to be located on the Property ("New Garage"). The New Garage shall be constructed in accordance with all applicable City Codes including aesthetic review standards. Owner shall be permitted to maintain the Existing Garage located on the Property for the duration of the construction of the New Garage. 4.2 Conversion of Existing Garage. Upon the issuance of a certificate of occupancy by the City for the New Garage, Owner shall have one hundred eighty (180) calendar days in which to convert the Existing Garage into habitable living space, unless the City grants additional time in writing. In addition, if the Owner abandons the construction of the New Garage, Owner shall have thirty (30) days in which to demolish the abandoned RESIDENTIAL GARAGE CONVERSION AND OCCUPANCY AGREEMENT City of Winter Springs / Gregory and Brenda Jann Page 2 of7 New Garage and remove related debris from the Property unless the City grants additional time in writing. For purposes of this Agreement, the term "abandons" or "abandoned" shall mean either building permits have expired for constructing the New Garage or the Owner has failed to diligently pursue completion of the New Garage within one year of the effective date of this Agreement. Such demolition shall be subject to any applicable permitting requirements of the City Code. Said demolition shall be at Owner's sole cost and expense and Owner shall be fully responsible for said demolition. In the event that demolition is required for the New Garage pursuant to this Agreement, Owner shall notify the City's building official in writing of such demolition. The building official, or the building official's designee, shall conduct a site visit to the Property to confirm that the New Garage has been demolished and all related debris removed in accordance with applicable City Codes. 4.3 Owner's Default; City's Right to Demolish. In the event Owner defaults on their obligations to complete the New Garage and to convert the Existing Garage into habitable living space within the time period required hereunder, execution of this Agreement represents Owner's unconditional consent for the City and its contractors to access and enter upon the Property for purposes of demolishing the New Garage. Entry on the Property shall be permitted for inspections, getting contractor estimates, site preparation, actual demolition, debris removal, or other matters reasonably related to the demolition. Prior to the City commencing the demolition of the New Garage, the City shall provide the Owner with twenty-four (24) hours advance notice of commencement. Owner hereby agrees to release and hold harmless the City and its contractors from any liability or damage whatsoever resulting from the City and its contractors demolishing the New Garage as required hereunder. 5.0 Representations of the Parties. The City and Owner hereby each represent and warrant to the other that it has the power and authority to execute, deliver and perform the terms and provisions of this Agreement and has taken all necessary action to authorize the execution, delivery and performance of this Agreement. This Agreement will, when duly executed and delivered by the City and Owner and recorded in the Public Records of Seminole County, Florida, constitute a legal, valid and binding obligation enforceable against the parties hereto and the Property in accordance with the terms and conditions of this Agreement. Owner represents that it has voluntarily and willfully executed this Agreement for purposes of binding the Property to the terms and conditions set forth in this Agreement. 6.0 Successors and Assi2ns. This Agreement shall automatically be binding upon and shall inure to the benefit of the City and Owner and their respective successors and assigns. The terms and conditions of this Agreement similarly shall be binding upon the Property and shall run with title to the same. RESIDENTIAL GARAGE CONVERSION AND OCCUPANCY AGREEMENT City of Winter Springs / Gregory and Brenda Jann Page 3 of7 7.0 Applicable Law. This Agreement shall be governed by and construed m accordance with the laws of the State of Florida. 8.0 Amendments. This Agreement shall not be modified or amended except by written agreement duly executed by both parties hereto (or their successors or assigns) and approved by the City Commission. 9.0 Entire A2reement~ Exhibits. This Agreement and all attached exhibits hereto supersede any other agreement, oral or written, regarding the Property and contain the entire agreement between the City and Owner as to the subject matter hereof. 10.0 Severability. If any provision of this Agreement shall beheld to be invalid or unenforceable to any extent by a court of competent jurisdiction, the same shall not affect in any respect the validity or enforceability of the remainder of this Agreement. 11.0 Effective Date. This Agreement shall become effective upon approval by the City Commission and execution of this Agreement by both parties hereto. 12.0 Recordation. This Agreement shall be recorded in the Public Records of Seminole County, Florida. 13.0 Relationship of the Parties. The relationship of the parties to this Agreement is contractual and Owner is an independent contractor and not an agent of the City. Nothing herein shall be deemed to create a joint venture or principal-agent relationship between the parties, and neither party is authorized to, nor shall either party act toward third persons or the public in any manner, which would indicate any such relationship with the other. 14.0 Soverei2n Immunity. Notwithstanding any other provision set forth in this Agreement, nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign immunity under section 768.28, Florida Statutes, or other limitations imposed on the City's potential liability under state or federal law. As such, the City shall not be liable under this Agreement for punitive damages or interest for the period before judgment. Further, the City shall not be liable for any claim or judgment, or portion thereof, to anyone person for more than one hundred thousand dollars ($100,000.00), or any claim or judgment, or portion thereof, which, when totaled with all other claims or judgments paid by the State or its agencies and subdivisions arising out of the same incident or occurrence, exceeds the sum of two hundred thousand dollars ($200,000.00). 15.0 City's Police Power. Owner agrees and acknowledges that the City hereby reserves all police powers granted to the City by law. In no way shall this Agreement be construed as the City bargaining away or surrendering its police powers. RESIDENTIAL GARAGE CONVERSION AND OCCUPANCY AGREEMENT City of Winter Springs / Gregory and Brenda Jann Page 4 of7 16.0 Interpretation. The parties hereby agree and acknowledge that they have both participated equally in the drafting of this Agreement and no party shall be favored or disfavored regarding the interpretation to this Agreement in the event of a dispute between the parties. 17.0 Third-Party Rie:hts. This Agreement is not a third-party beneficiary contract and shall not in any way whatsoever create any rights on behalf of any third party. 18.0 Specific Performance. Strict compliance shall be required with each and every provision of this Agreement. The parties agree that failure to perform the obligations provided by this Agreement shall result in irreparable damage and that specific performance of these obligations may be obtained by a suit in equity. 19.0 Attornev's Fees. In connection with any arbitration or litigation arising out of this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and costs through all appeals to the extent permitted by law. 20.0 Development Permits. Nothing herein shall limit the City's authority to grant or deny any development permit applications or requests subsequent to the effective date of this Agreement. The failure of this Agreement to address any particular City, County, State and/or Federal permit, condition, term or restriction shall not relieve Owner or the City of the necessity of complying with the law governing said permitting requirement, condition, term or restriction. Without imposing any limitation on the City's police powers, the City reserves the right to withhold, suspend or terminate any and all certificates of occupancy for any building or unit if Owner is in breach of any term and condition of this Agreement. 21.0 Termination. This Agreement shall terminate upon the satisfaction of all the terms and conditions contained herein. Upon such satisfaction, the City shall file a Notice of Termination in the Public Records of Seminole County. 22.0 Force Majeure. The parties agree that in the event that the failure by either party to accomplish any action required hereunder within a specified time period ("Time Period") constitutes a default under the terms of this Agreement and, if any such failure is due to any unforeseeable or unpredictable event or condition beyond the control of such party, including, but not limited to, acts of God, acts of government authority (other than the City's own acts), acts of public enemy or war, riots, civil disturbances, power failure, shortages of labor or materials, injunction or other court proceedings beyond the control of such party, or severe adverse weather conditions ("Uncontrollable Event"), then, notwithstanding any provision of this Agreement to the contrary, that failure shall not constitute a default under this Agreement and any Time Period proscribed hereunder shall be extended by the amount of time that such party was unable to perform solely due to the Uncontrollable Event. The extended time period shall be agreed to in writing by the parties and said agreement shall not be unreasonably witW.1eld by either party. RESIDENTIAL GARAGE CONVERSION AND OCCUPANCY AGREEMENT City of Winter Springs / Gregory and Brenda Jarm Page 5 of7 IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the date first above written. CITY OF WINTER SPRINGS By: John F. Bush, Mayor ATTEST: By: Andrea Lorenzo Luaces, City Clerk APPROVED AS TO FORM AND LEGALITY For the use and reliance of the City of Winter Springs, Florida only. CITY SEAL Date: By: Anthony A. Garganese, City Attorney for the City of Winter Springs, Florida Signed, sealed and delivered in the presence of the following witn~sses: Gregory J. Jann Signature of Witness Date: Printed Name of Witness Signature of Witness Printed Name of Witness STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 2007, by Gregory J. Jann, an individual, as Owner of the Property. He is personally known to me or produced as identification. RESIDENTIAL GARAGE CONVERSION AND OCCUPANCY AGREEMENT City of Winter Springs / Gregory and Brenda Jann Page 60f7 (NOTARY SEAL) (Notary Public Signature) (Print Name) Notary Public, State of Commission No.: My Commission Expires: Signed, sealed and delivered in the presence of the following witnesses: Brenda L. Jann Signature of Witness Date: Printed Name of Witness Signature of Witness Printed Name of Witness STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of , 2007, by Brenda L. Jann, an individual, as Owner of the Property. He is personally known to me or produced as identification. (NOTARY SEAL) (Notary Public Signature) (Print Name) Notary Public, State of Commission No.: My Commission Expires: RESIDENTIAL GARAGE CONVERSION AND OCCUPANCY AGREEMENT City of Winter Springs / Gregory and Brenda Jann Page 7 of7 ATTACHMENT D CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 14,2007 PAGEI50FI7 VOTE: COMMISSIONER MILLER: NAY COMMISSIONER KREBS: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR McGINNIS: AYE MOTION CARRIED. Discussion. Tape 21Side B REGULAR 604. Community Development Department Requests The City Commission Review And Provide Comments For The Revised Sonesta Pointe Subdivision Concept Plan. Mr. Stevenson presented this Agenda Item. City Attorney Anthony A. Garganese remarked for the Record, "Randy (Stevenson), as you know, the Commission has already approved Final Engineering and a Development Agreement. If the Commission approves this Concept Plan, we have to come back to the Commission and revise all of those documents..." Mr. Stevenson commented, "... We will be bringing modifications - engineering the DA [Development Agreement] back." "MOTION TO APPROVE." MOTION BY COMMISSIONER BROWN. SECONDED BY DEPUTY MAYOR McGINNIS. DISCUSSION. VOTE: DEPUTY MAYOR McGINNIS: AYE COMMISSIONER BROWN: AYE COMMISSIONER MILLER: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. REGULAR 605. Community Development Department - Customer Service Division Requests The City Commission Consider An Appeal Of A Staff Decision To Deny A Building Permit On The Basis Of Neighborhood Compatibility And Harmony Involving A 1,024 Square Foot Detached Garage At 932 Arabian Avenue. (In Accordance With Emergency Ordinance Number 2006-08.) Mr. Stevenson introduced this Agenda Item. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 14,2007 PAGE 160F 17 Mr. Chuck Pratt, 972 Palmetto Street, Oviedo, Florida: as the Building Contractor, Mr. Pratt addressed the City Commission. Dr. Greg Jann, 5932 Arabian Avenue, Winter Springs, Florida: spoke to the City Commission regarding the attached garage and septic tanks. Discussion. Attorney Garganese commented, "There is a timing question. We can do some sort of Development Agreement whereby - the City will allow him to build a three (3) car garage. When that's completed, he has so much time to convert the two (2) car garage and if he doesn't convert the two (2) car garage, then he loses his Certificate of Occupancy for that three (3) car garage until he does it." Mr. Stevenson remarked, "As Anthony (Garganese) mentioned earlier, this is similar to what we did with the demo on the house and Staff would feel comfortable with that." Attorney Garganese added, "The Agreement would come back to the Commission." Mayor Bush said to Dr. Jann, "Does that make sense to you?" Dr. Jann replied, "Sounds great to me." Mayor Bush said, "Then I think, Commission, the Motion would be to deny the request; uphold Staffs decision, and then as Anthony (Garganese) said - get together with Staff to come back with a plan." Mr. Stevenson asked, "It appears that the Commission would support Dr. Jann's request to build a three (3) car garage, in an attached fashion, along with a Development Agreement that had a time certain for the - renovation of the two (2) car garage. If I'm hearing then, I think I am, then we probably won't be back before you, except with the Developer Agreement." Deputy Mayor McGinnis said, "This would not be visible." Deputy Mayor McGinnis added, "It is not going to protrude or stick out." "MOTION TO DENY - AND UPHOLD THE STAFF DECISION." MAYOR BUSH STATED, "MOTION BY COMMISSIONER MCGINNIS. SECONDED BY COMMISSIONER KREBS TO DENY THE APPEAL AND - UPHOLD STAFF DECISION." DISCUSSION. VOTE: COMMISSIONER KREBS: AYE COMMISSIONER MILLER: AYE COMMISSIONER BROWN: AYE DEPUTY MAYOR McGINNIS: AYE MOTION CARRIED. ADJOURNMENT Mayor Bush adjourned the Regular Meeting at 8:26 p.m. RESPECTFULLY SUBMITTED: A LORENZO-LUACES, CMC CLERK APPROVED: .'. .~'7. ~ CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 14,2007 PAGE 17 OF 17 NOTE: These Minutes were approved at the May 29, 2007 Special City Commission Meeting. 1111 illl IIIH III I! ;1111 ita if III U ll; ,Ill; lilt illil ,ill THIS INSTRUMENT WAS PREPARED BY AND SHOULD BE RETURNED TO: MAHYANNE: MliRSE\ CLERK OF ClRcun COURT SEMINOLE cOt~n BK 067bl PQS 0503 - 509; (7pgs! CLERK'S # 2007103972 RECORDED 07/11!20iJ7 1\.):55:54 A., RECORDINS FEES 61.00 RECORDl:D BY T SIll th (;JAnthonY A. Garganese City Attorney of Winter Springs Brown, Garganese, Weiss & D'Agresta, P.A. 255 E. Robinson St., Suite 660 Orlando, FL 32802 (407) 425-9566 FOR RECORDING DEPARTMENT llSE ONLY RESIDENTIAL GARAGE CONVERSION AND OCCUPANCY AGREEMENT THIS RESIDENTIAL GARAGE CONVERSION AND OCCUPANCY AGREEMENT ("Agreement") is made and executed this /0'1+\ day Of::rll\.l~ ' 2007, by and between the CITY OF WINTER SPRINGS, a Florida Munici al CorporatiOn ("City"), whose address is 1126 East S.R. 434, Winter Springs, Florida 32708, and GREGORY J. AND BRENDA L. JANN ("Owner"), whose address is 932 Arabian Avenue, Winter Springs, Florida 32708. WITNESSETH: WHEREAS, Owner is the current fee simple owner of certain real property located at 932 Arabian Avenue, Winter Springs, Seminole County, Florida, more particularly described herein; and WHEREAS, Owner presently resides in an existing, single-family residence with an attached two car garage located on the Property ("Existing Garage"); and WHEREAS, Owner desires to construct a new three car detached garage in the rear of the property and also desires to convert the Existing Garage into living space; and WHEREAS, the Owner and the City acknowledge and agree that permitting the Owner to have both garages is not in harmony or compatible with the surrounding neighborhood; and WHEREAS, the City Code prohibits new development that is not in harmony or incompatible with the surrounding neighborhood; and WHEREAS, Owner desires to construct the new garage before commencmg the conversion of the Existing Garage; and RESIDENTIAL GARAGE CONVERSION AND OCCUPANCY AGREEMENT City of Winter Springs / Gregory and Brenda Jann Page 1 of7 WHEREAS, absent this Agreement, Owner would not be allowed to construct the new garage before converting the Existing Garage; and WHEREAS, Owner seeks a temporary exception to this City Code provision for the duration of the construction of the new garage and represents and warrants to the City that they will convert the Existing Garage into habitable living space upon the completion of the new garage in order to comply with the City Code; and WHEREAS, in furtherance of this request, the parties desire to enter into this Binding Development Agreement under the terms and conditions contained herein. NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties mutually agree as follows: 1.0 Recitals. The foregoing recitals are true and correct and are hereby incorporated herein by this reference. 2.0 Authority. This Agreement is entered into pursuant to the Florida Municipal Home Rule Powers Act. 3.0 follows: The Property. The real property subject to this Agreement is legally described as Lot 97, Winter Springs Unit 3, according to the plat thereof as recorded in Plat Book 17, pages 89 and 90, Public Records of Seminole County, Florida. ("Property") . 4.0 Terms and Conditions. 4.1 Permitting and Construction of New Garage. The City shall issue a building permit to Owner for the construction of a new three car detached garage to be located on the Property ("New Garage"). The New Garage shall be constructed in accordance with all applicable City Codes including aesthetic review standards. Owner shall be permitted to maintain the Existing Garage located on the Property for the duration of the construction of the New Garage. 4.2 Conversion of Existing Garage. Upon the issuance of a certificate of occupancy by the City for the New Garage, Owner shall have one hundred eighty (180) calendar days in which to convert the Existing Garage into habitable living space, unless the City grants additional time in writing. In addition, if the Owner abandons the construction of the New Garage, Owner shall have thirty (30) days in which to demolish the abandoned RESIDENTIAL GARAGE CONVERSION AND OCCUPANCY AGREEMENT City of Winter Springs / Gregory and Brenda Jann Page 2 of7 New Garage and remove related debris from the Property unless the City grants additional time in writing. For purposes of this Agreement, the term "abandons" or "abandoned" shall mean either building permits have expired for constructing the New Garage or the Owner has failed to diligently pursue completion of the New Garage within one year of the effective date of this Agreement. Such demolition shall be subject to any applicable permitting requirements of the City Code. Said demolition shall be at Owner's sole cost and expense and Owner shall be fully responsible for said demolition. In the event that demolition is required for the New Garage pursuant to this Agreement, Owner shall notify the City's building official in writing of such demolition. The building official, or the building official's designee, shall conduct a site visit to the Property to confirm that the New Garage has been demolished and all related debris removed in accordance with applicable City Codes. 4.3 Owner's Default; City's Right to Demolish. In the event Owner defaults on their obligations to complete the New Garage and to convert the Existing Garage into habitable living space within the time period required hereunder, execution of this Agreement represents Owner's unconditional consent for the City and its contractors to access and enter upon the Property for purposes of demolishing the New Garage. Entry on the Property shall be permitted for inspections, getting contractor estimates, site preparation, actual demolition, debris removal, or other matters reasonably related to the demolition. Prior to the City commencing the demolition of the New Garage, the City shall provide the Owner with twenty-four (24) hours advance notice of commencement. Owner hereby agrees to release and hold harmless the City and its contractors from any liability or damage whatsoever resulting from the City and its contractors demolishing the New Garage as required hereunder. 5.0 Representations of the Parties. The City and Owner hereby each represent and warrant to the other that it has the power and authority to execute, deliver and perform the terms and provisions of this Agreement and has taken all necessary action to authorize the execution, delivery and performance of this Agreement. This Agreement will, when duly executed and delivered by the City and Owner and recorded in the Public Records of Seminole County, Florida, constitute a legal, valid and binding obligation enforceable against the parties hereto and the Property in accordance with the terms and conditions of this Agreement. Owner represents that it has voluntarily and willfully executed this Agreement for purposes of binding the Property to the terms and conditions set forth in this Agreement. 6.0 Successors and Assil!ns. This Agreement shall automatically be binding upon and shall inure to the benefit of the City and Owner and their respective successors and assigns. The terms and conditions of this Agreement similarly shall be binding upon the Property and shall run with title to the same. RESIDENTIAL GARAGE CONVERSION AND OCCUPANCY AGREEMENT City of Winter Springs / Gregory and Brenda Jann Page 3 of7 7.0 Applicable Law. This Agreement shall be governed by and construed III accordance with the laws of the State of Florida. 8.0 Amendments. This Agreement shall not be modified or amended except by written agreement duly executed by both parties hereto (or their successors or assigns) and approved by the City Commission. 9.0 Entire A2reement~ Exhibits. This Agreement and all attached exhibits hereto supersede any other agreement, oral or written, regarding the Property and contain the entire agreement between the City and Owner as to the subject matter hereof. 10.0 Severability. If any provision of this Agreement shall beheld to be invalid or unenforceable to any extent by a court of competent jurisdiction, the same shall not affect in any respect the validity or enforceability of the remainder of this Agreement. 11.0 Effective Date. This Agreement shall become effective upon approval by the City Commission and execution of this Agreement by both parties hereto. 12.0 Recordation. This Agreement shall be recorded in the Public Records of Seminole County, Florida. 13.0 Relationship of the Parties. The relationship of the parties to this Agreement is contractual and Owner is an independent contractor and not an agent of the City. Nothing herein shall be deemed to create a joint venture or principal-agent relationship between the parties, and neither party is authorized to, nor shall either party act toward third persons or the public in any manner, which would indicate any such relationship with the other. 14.0 Soverei2n Immunity. Notwithstanding any other provision set forth in this Agreement, nothing contained in this Agreement shall be construed as a waiver of the City's right to sovereign immunity under section 768.28, Florida Statutes, or other limitations imposed on the City's potential liability under state or federal law. As such, the City shall not be liable under this Agreement for punitive damages or interest for the period before judgment. Further, the City shall not be liable for any claim or judgment, or portion thereof, to anyone person for more than one hundred thousand dollars ($100,000.00), or any claim or judgment, or portion thereof, which, when totaled with all other claims or judgments paid by the State or its agencies and subdivisions arising out of the same incident or occurrence, exceeds the sum of two hundred thousand dollars ($200,000.00). 15.0 City's Police Power. Owner agrees and acknowledges that the City hereby reserves all police powers granted to the City by law. In no way shall this Agreement be construed as the City bargaining away or surrendering its police powers. RESIDENTIAL GARAGE CONVERSION AND OCCUPANCY AGREEMENT City of Winter Springs / Gregory and Brenda Jann Page 4 of7 16.0 Interpretation. The parties hereby agree and acknowledge that they have both participated equally in the drafting of this Agreement and no party shall be favored or disfavored regarding the interpretation to this Agreement in the event of a dispute between the parties. 17.0 Third-Party Ri2:hts. This Agreement is not a third-party beneficiary contract and shall not in any way whatsoever create any rights on behalf of any third party. 18.0 Specific Performance. Strict compliance shall be required with each and every provision of this Agreement. The parties agree that failure to perform the obligations provided by this Agreement shall result in irreparable damage and that specific performance of these obligations may be obtained by a suit in equity. 19.0 Attorney's Fees. In connection with any arbitration or litigation arising out of this Agreement, the prevailing party shall be entitled to recover reasonable attorney's fees and costs through all appeals to the extent permitted by law. 20.0 Development Permits. Nothing herein shall limit the City's authority to grant or deny any development permit applications or requests subsequent to the effective date of this Agreement. The failure of this Agreement to address any particular City, County, State and/or Federal permit, condition, term or restriction shall not relieve Owner or the City of the necessity of complying with the law governing said permitting requirement, condition, term or restriction. Without imposing any limitation on the City's police powers, the City reserves the right to withhold, suspend or terminate any and all certificates of occupancy for any building or unit if Owner is in breach of any term and condition of this Agreement. 21.0 Termination. This Agreement shall terminate upon the satisfaction of all the terms and conditions contained herein. Upon such satisfaction, the City shall file a Notice of Termination in the Public Records of Seminole County. 22.0 Force Majeure. The parties agree that in the event that the failure by either party to accomplish any action required hereunder within a specified time period ("Time Period") constitutes a default under the terms of this Agreement and, if any such failure is due to any unforeseeable or unpredictable event or condition beyond the control of such party, including, but not limited to, acts of God, acts of government authority (other than the City's own acts), acts of public enemy or war, riots, civil disturbances, power failure, shortages of labor or materials, injunction or other court proceedings beyond the control of such party, or severe adverse weather conditions ("Uncontrollable Event"), then, notwithstanding any provision of this Agreement to the contrary, that failure shall not constitute a default under this Agreement and any Time Period proscribed hereunder shall be extended by the amount of time that such party was unable to perform solely due to the Uncontrollable Event. The extended time period shall be agreed to in writing by the parties and said agreement shall not be unreasonably withheld by either party. RESIDENTIAL GARAGE CONVERSION AND OCCUPANCY AGREEMENT City of Winter Springs / Gregory and Brenda Jann Page 5 of7 IN WITNESS WHEREOF, the parties have hereunto set their hands and seal on the date first above written. eIT F WINTER SPRINGS ~~,()...... By: CITY SEAL APPROVED AS TO FORM AND LEGALITY For the use and reliance of the City of Winter Springs, Florida only. ,I,Q/f)? Da~e: ~ By. ___ Anthony A. Garganes~ City Attorney for the City of Winter Springs, Florida Signed, sealed and delivered in the presence of the following witnesses: U. W--- Gr7J'~(l_ '--'1-0 7 Date: STATEOF kt;>i COUNTY OF ~.\t'lzuq __ The foregoing instrument was acknowledged before me this ~ day of ~, 2007, by Gregory J~ an individual~s Owner of the Property. He is p~~s;hally known to me or ~Q ~ 101"", ~ ~ ~Z' as identification. RESIDENTIAL GARAGE CONVERSION AND OCCUPANCY AGREEMENT City of Winter Springs / Gregory and Brenda Jann Page 60f7 07/09/2007 12:38 4073274755 WINTER SPRINGS BLDG PAGE 07/07 Ii n~ ",~~Y ;~;o'=Notary Public 'State ~f Florida ~ ,l !' ,.A '1; Andrea Lorenzo.Luaces Ii ~ c;.',; My Commission 00664334 L "?o;;..o" €Xjj~s 05/09/2011 (NOTARY SEAL) ~..~. ~ ~ ~S~~--j' (Print Name) ...- Notary Public, State 0 .-J L Commission No.: My Commission Exp' Signed, sealed and delivered in the presence of the following witnesses: Brenda L. Jann c~t? /l ~-"-' ,x/ Oz /I.. ^--' / ~ ~ ~J ~ ~ 4 ;{~-9k~buclL- Sl~ ofWill'lCSl j I I~ j) i 4<<L< .L. I1?J;> Prlnrcd Nlmc cf Wiln~ Date: 7 -tj -Q7 STATE OF COUNTY OF . The foregoing instrument was acknowledged before me this q t!::- day of JI.I ~ ' 2007, by Brenda L. Jaon, an individual, ~ Owner of the Property. He is pet'So Iy known to me or produced r==- /.., ]) r I V e f~ t..;"c (fl<.-e as identification. ",,<':i':'!""" DIANA L. HABUDA ff:~'~ ~~ MY COMMISSION # 00304737 ~:.~.~i EXPIRES: March 29, 2008 "1t,f.iif."tr~~ Bonded n"u Notary Public Underwriters /fkd~~~~JvJ~ (Notary PtI"li~ Slgn.rure) . J )j,'Ll4CLZ- L. /-ILl hiUuz.. (Priftt Name) Notary Public, State of Flor,/I()..- Commission No.: ])D .3()~ 737 My Commission Expires: ;] ~:l -1.1<.( (NOTARY SEAL) RESIDENTIAL GARAGE CONVERSION AND OCCUPANCY AGREEMENT City of W inter Springs I Gregory and Brenda JIIM Page 70f7