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Home My WebLink About1998 10 26 Regular Item A , \ . , \ , \ COMMISSION AGENDA ITEM A CONSENT INFORMATIONAL PUBLIC HEARING REGULAR October 26. 1998 Meeting REQUEST: The Community Development Department - Code Enforcement Division would like the City Commission to consider the request of Mrs. Skully for a permit to be issued by the City Commission that would allow the parking of her over-sized recreational vehicle in a residential area in accordance with City Code Section 20- 431. PURPOSE: The Community Development Department-Code Enforcement Division requests the Commission consider Mrs. Skully's application for a permit from the City Commission to allow the parking of her over-sized recreational vehicle in a residential area. Mrs. Skully's recreational vehicle is a self-propelled vehicle 29'2" in length and is parked in her driveway. APPLICABLE LAW AND PUBLIC POLICY: Section 20-431 of the Winter Springs City Code; "No recreational vehicle in excess of twenty-eight feet (28) in length in over-all measurements shall be parked or stored in a residentially zoned district without a permit issued by the city commission and renewed annually by such commission. " CONSIDERATION: In December of 1997 Mrs. Skully was given Notice of Code Violation for parking a recreational vehicle in her front yard. She was told to move the vehicle behind the front building line of her house. She assured staff at that time that the recreational vehicle was less than 28 feet in length. The case was cleared in January of 1998. In June of 1998 staff received an anonymous complaint about the size of the vehicle. An inspector measured the vehicle and found it to be 29'2" in length. A letter was sent to Mrs. Skully , (attached), explaining the problem and her options. No correspondence was received from her. She was sent a Notice To Appear before the Code Enforcement Board on October 20, 1998. After receiving the Notice To Appear, Mrs. Skully gave staff a letter with instructions to schedule her on the City Commission agenda to request a permit. At the October 20, 1998 Code Enforcement Board Hearing, a continuance until the November hearing was requested and granted. RECOMMENDATION: The parking and storage of over-sized recreational vehicles is prohibited in residential areas of Winter Springs. A provision to allow the occasional parking for special circumstances is provided in Section 20-431. Without any evidence of a special circumstance, and because other residents of the city have had to make arrangements to park their over-sized recreational vehicles elsewhere, Staff recommends that the request be denied. ATTACHMENTS: 1. Section 20-431 of Winter Springs City Code 2. Letter of July 7, 1998 to Mrs. Skully from Code Enforcement Division 3. Notice To Appear before the October Code Enforcement Board 4. Letter from Mrs. Skully requesting permit from City Commission COMMISSION ACTION: ZONING provide light, safety from fire, safety from other damages and to protect property owners from cet"- tain general nuisances associated with the un- regulated parking, storage or maintenance of cer- tain vehicles, the parking, storage or maintenance of certain vehicles as herein specified in the areas herein specified are prohibited except as herein provided: (1) Prohibitions: a. No person owning, renting or leasing real property in a residentially zoned district or living thereupon shall cause or allow to be parked on any residen- tial property any vehicle commonly de- scribed as follows: (step-van), truck, semi- tractor, semitrailer, bus or any other type of vehicle with a rated capacity of three-quarters of a ton or more, and which is subject to regulation by F.B. ch. 316, with the exception of those vehicles specifically excluded by the ex- ceptions provision of this section. b. No person owning, renting, leasing or otherwise being in control of the use of any lot, parcel or piece of real property located in a residentially zoned district or living thereupon shall cause or allow any vehicles as enumerated in (l)a. above to be parked, stored or maintained upon such property. c. No recreational vehicles shall be occu- pied as temporary living quarters while such recreational vehicle is parked or stored within a residentially zoned dis- trict in the city. No recreational vehi- cle parked or stored. in the city shall have its wheels removed except for re- pair or maintenance. d. No recreational vehicle shall be parked in such a way that it shall obstruct the view of traffic or impede the vision of vehicular traffic. e. No more than one (1) recreational ve- hicle shall be parked on an owner's property at anyone (1) time. f. No recreational vehicle in excess of twenty-eight (28) feet in length in over- all measurements shall be parked or stored in a residentially zoned district 1245 ~_/~~. * 20.431 without a permit issued by the city commission and renewed annually by such commission. In the case of a truck camper, the length measurement will include truck and camper. g. No boat trailer, with or without a boat thereon, may be parked on property in residential districts, unless such boat trailer does not exceed twenty-three (23) feet in overall length, is in a state of good repair, is being maintained in a neat and orderly condition and is owned EY.Jh~..Q~er of th.~_P!:.9pelj;y upon which it isp~~~ed. - h. It shall be"a violation ofthis chapter to park any vehicle enumerated in (1)a. above or to park any recreational ve- hicle within the right-of-way of any city street, alley, lane, way, drive or other thoroughfare overnight. (2) Exceptions. The parking, storage or main- tenance of certain vehicles will be permit- ted in residentially zoned districts as ex- ceptions to (1)a. through (1)h. above as follows: a. Recreational vehicles may be occupied during parking or storage if a permit has been issued in accordance with sec- tion 20-412. b. A combination of boat trailer with boat and a recreational vehicle is permissi- ble as an exception to (1)e. above. c. Any person owning, renting, leasing or otherwise being in control of the use of any lot, parcel or piece of real prop- erty located in a residentially zoned district and contiguous to the parcel upon which that person's residence is located may use such contiguous lot as if it were a separate piece of owner's property for the parking of vehicles sub- ject to the restrictions set forth in this section. Provided, however, that no ve- hicle owned, operated or under the di- rect control by other than the person owning, renting, leasing or otherwise being in control of the use of such lot, . parcel or piece of real property shall be parked thereupon. CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS. FLORIDA 32708-2799 Telephone (407) 327-1800 July 7, 1998 Mrs. Alice Scully 774 Night Owl Lane Winter Springs, PI. 32708 Dear Mrs. Scully, We have spoken at some length about the storage of your recreational vehicle at your residence in Oak Forest. I have given you a copy of the city ordinance relating to camper and recreational vehicle parking and you told me you that yoUr RJV was not in excess of 28 feet. If your RJV was under 28 feet in length ,then it could be stored at your home as long as it was parked behind the front building line of your house. However, complaints about the size have arisen and my inspector measured your RJV. It seems that it is in excess of 28 feet in length and may not be parked in a residential area without a permit issued by the city commission. If you wish to obtain a permit from the commission, I'll be glad to help you through the process. I'll need a letter from you indicating that you want to request a permit from the city commission. Sincerely, et;rC2erVc.. C. JilKette Cook Code Enforcement Specialist CERTIFIED MAIL Z 562 433 943 -~ CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD CITY OF WINTER SPRINGS, FLORIDA CODE ENFORCEMENT BOARD, PETITIONER, COMPLAINT No. CEB-98-643 ADDRESS: 774 Night Owl Lane Winter SprinEFL 32708 v, Clifford & Alice Scully RESPONDENT, STATEMENT OF VIOLATION AND NOTICE OF HEARING PLEASE TAKE NOTICE mAT AT 7:00 P.M. ONTIIE 20th DAY OF October 1998 AT TIlE CITY HALL, 1126 EAST STATE ROAD 434, WINTER SPRlNGS,FLORIDA, THE CITY OF WINTER SPRINGS CODE ENFORCEMENT BOARD WILL HOLD A HEARING TO DETERMINE WHY YOU SHOULD NOT BE FOUND IN VIOLATION OF THE CITY CODE AS FOLLOWS: LOCATION/ADDRESS WHERE VIOLATION EXISTS: 774 Night Owl Lane NAME AND ADDRESS OF PROPERTY OWNER OF RECORD: Clifford & Alice Sew 774 Ni,ght Owl Lane Winter Springs FL 32708 NAME AND ADDRESS OF RESIDENT/PERSON IN CHARGE OF PROPERTY: Gillf~ice Sew 774 Night Owl Lane Winter-Splings 32708 CITY CODE SECTION VIOLATED: DESCRIPTION OF VIOLATION: RV 20-411 DATE VIOLATION WAS flRSTOBSERVED: 6/1198 UNLESS YOU; (I) CORRECT THIS VIOLATION BY: 10120/98 Removing RV from residential area. AND (2) CONTACT THE CODE INSPECTOR TO VERIFY COMPLIANCE WITH THE CITY CODE, THIS CASE WILL BE BROUGHT BEFORE THE CODE ENFORCEMENT BOARD ON THE DATE GIVEN ABOVE. IF THE BOARD FINDS YOU IN VIOLATION OF THE CITY CODE AS STATED ABOVE, YOU MAY BE FINED UP TO TWO HUNDRED AND FIFTY DOLLARS ($2S0.00) PER DAY FOR EACH DAY THE VIOLATION CONTINUES, AND IF SUCH FINE IS NOT PROMPTLY PAID, MAY RESULT IN A LIEN AGAINST YOUR PROPERTY, PURSUANT TO FLORIDA STATUTES SECTION 162.09. THIS HEARING SHALL BE CONDUCTED PURSUANT TO SECTION 2-60 OF THE CITY OF WINTER SPRINGS, FLORIDA, AND FLORIDA STATUTES CHAPTER 162. YOU HAVE A RIGHT TO APPEAR IN PERSON OR BY AUTHGRIZED REPRESENTATIVE. YOU HAVE A RIGHT TO PRESENT EVIDENCE, EXHIBITS, AND WRITrEN OR ORAL TESTIMONY. THE CODE BOARD WILL SUBPEONA WITNESSES IN YOUR BEHALF UPON WRIITEN PETITION TO THE BOARD. PLEASE GOVERN YOURSELF ACCORDINGLY. IF YOU DESIRE TO APPEAL THE ORDER OF THE CODE ENFORCEMENT BOARD, YOU WILL NEED A RECORD OF THE PROCEEDINGS. FOR THIS PURPOSE. YOU MAY, AT YOUR EXPENSE, ARRANGE FOR A VERBATIM TRANSCRIPT OF THE TESTIMONY AND EVIDENCE PRESENTED AT THE HEARING. C!-. r;jlCCL((JLL SIGNATIJRE OF. 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