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HomeMy WebLinkAbout2009 01 12 Public Hearing 501 Request for Waiver 510 Moss RoadCITY COMMISSION ITEM 501 January 12, 2009 Meeting AGENDA CONSENT INFORMATIONAL PUBLIC HEARING X REGULAR / ? Mgr De rtment REQUEST: The Community Development Department recommends the City Commission hear the request for a waiver from the 20 foot side yard setback set forth in Section 20-146 of the City Code, pursuant to the waiver criteria and procedure detailed in Section 20-34, to allow an open garage structure to be constructed at 510 Moss Road, within 10 feet of the side lot line. PURPOSE: The purpose of this agenda item is to consider a waiver request by Walter Stephens from the 20 foot minimum side yard building setback along the southern property line in order that an open garage structure can be built on an existing slab. FUTURE LAND USE & ZONING DESIGNATION: Future Land Use Designation: Rural Residential Zoning District: APPLICABLE CODE: Chapter 163, FS Comprehensive Plan Chapter 6 of the City Code Chapter 9 of City Code Chapter 20 of City Code R-C 1 Single Family Dwelling District CHRONOLOGY: November 12, 2008 -The City received application package from Walter Stephens for a waiver on the side setback. December 4, 2008 -The BOA met without a quorum; voted to meet on December 18, 2008. December 18, 2008 -BOA met and recommended unanimously that the waiver be approved. CONSIDERATIONS: The applicant is seeking a waiver to the side setback in order that he can use an existing slab to building an open garage to park his recreational vehicle (RV). The existing slab is located in an area covered by trees and its use for the open garage would allow the structure to be installed without the need to take down any trees. If the structure were to be January 12, 2009 Public Hearing Item 501 Page 2 of 3 moved the additional 10 feet into the property, it would be more visible from the street, it would require additional trees to be removed, and would render the existing slab useless. The abutting property owners to the south would be the most affected by the granting of this waiver. They have submitted a letter stating that they have no objection to the waiver. The proposed garage would be approximately 600 square feet in size. This is below the allowable area for a detached garage on this site. The principle structure is 1,957 square feet, allowing a detached garage of up to 653 square feet. The structure size will be confirmed at the time of the building permit should the waiver be approved. FINDINGS: The 6 waiver criteria set forth in Subsection 20-34 (d) are as follows: 1) The proposed development plan is in substantial compliance with this chapter and in compliance with the comprehensive plan. Staff fmds no conflicts with the comprehensive plan and no conflict with other parts of the zoning code (Chapter 20). 2) The proposed development plan will significantly enhance the real property. Staff believes the plan meets this criterion by providing for the use of an existing slab and negating the need to take down any trees while allowing the garage to be located underneath an existing tree canopy, buffered from the adjoining roadways. 3) The proposed development plan serves the public health, safety, and welfare. Staff believes the plan does meet this criterion, since use of the existing slab will allow for the greatest degree of buffering of the proposed garage from the roadways. 4) The waiver will not diminish property values in or alter the essential character of the surrounding neighborhood. Staff believes the waiver will not diminish property values and will not alter the essential character of the surrounding neighborhood in a negative manner. The closest property owner to the proposed garage location has stated that they have no objections to the waiver. 5) The waiver granted is the minimum waiver that will eliminate or reduce the illogical, impractical, or patently unreasonable result caused by the applicable term or condition under this chapter Staff believes the waiver request is the minimum request that allows for the garage to be located in an area that is already cleared, has a slab, and is buffered from the roadways by exiting tree canopy and vegetation. 6) The proposed development plan is compatible with the surrounding neighborhood. January 12, 2009 Public Hearing Item 501 Page 3 of 3 Staff believes the proposed building setback and development plan is compatible with the surrounding neighborhood. BOA ACTION: At a special meeting on December 18, 2008, the BOA unanimously voted to recommended that the Commission approve the waiver request. RECOMMENDATION: The BOA and staff recommend approval of the setback waiver request since we believe it does meet all of the 6 criteria for this site. ATTACHMENTS: A -Application package B -Site Survey C -Letter from Neighbor at 520 S. Moss Road D -Draft BOA minutes BOA ACTION: ATTACHMENT A CITY OF WINTER SPRINGS COMMUNITY DEVELOPMENT DEPARTMENT 1126 STATE ROAD 434 WINTER SPRINGS, FL 32708 407-327-5966 FAX:407-327-6695 Waiver Stephens Walter W 510 So. Moss Rd Winter Springs FL 32708 (407) 619-3633 Bo.stephens@yahoo.com 510 s. moss road 03-21-30-5bj-0b00-0010 1.2 acres residential rural residential R-c1 side setback variance from 20' to 10' to build cover over existing slab for rv storage The APPLICANT IS RESPONSIBLE for posting the blue notice card (provided by the City) on the site at least SEVEN (7) DAYS prior to the Board of Adjustment Meeting at which the matter will be considered. Said notice shall NOT be posted within the City right-of--way. All APPLICANTS shall be afforded minimal due process as required by law, including the right to receive notice, be heard, present evidence, cross- examine witnesses, and be represented by a duly authorized representative. The CITY COMMISSION shall render all final decisions regarding variances, conditional uses and waivers and may impose reasonable conditions on any approved variance, conditional use or waiver to the extent deemed necessary and relevant to ensure compliance with applicable criteria and other applicable provisions of the City Code and Comprehensive Plan. All formal decisions shall be based on competent substantial evidence and the applicable criteria as set forth in Chapter 20, Zoning. APPLICANTS are advised that if, they decide to appeal any decisions made at the meetings or hearings with respect to any matter considered at the meetings or hearings, they will need a record of the proceedings and, for such purposes, they will need to insure that a verbatim record of the proceedings is made, at their cost, which includes the testimony and evidence upon which the appeal is to be based, per 286.0105, Florida Statutes. Any CONDITIONAL USE, VARIANCE, or WAIVER which may be granted by the City Commission shall expire two (2) years after the effective date of such approval by the City Commission, unless a building permit based upon and incorporating the conditional use, variance, or waiver is issued by the City within said time period. Upon written request of the property owner, the City Commission may extend the expiration date, without public hearing, an additional six (6) months, provided the property owner demonstrates good cause for the extension In addition, if the aforementioned building permit is timely issued, and the building permit subsequently expires and the subject development project is abandoned or discontinued for a period of six months, the conditional use, variance or waiver shall be deemed expired and null and void. (Code of Ordinances, Section 20-36.) THE FOLLOWING ITEMS ARE TO BE SUPPLIED WITH THIS APPLICATION: C~ A copy of the most recent SURVEY of the subject property. I~A copy of the LEGAL DESCRIPTION reflecting the property boundaries. ~J11 x 17 MAP showing ADJACENT STREETS and ZONING AND LAND USE classifications on the ADJACENT PROPERTY. [JUSTIFICATION for the Request (See Attached List) NAMES and ADDRESSES of each property owner within 150 ft. of each property line. C~' Notarized AUTHORIZATION of the Owner, IF the Applicant is other than the Owner or Attorney for the Owner (see below). I~APPLICATION FEES: FEES are as SHOWN BELOW plus ACTUAL COSTS incurred for ADVERTISING or NOTIFICATION, and for REIMBURSEMENT for TECHNICAL and/or PROFESSIONAL SERVICES which may be required in connection with the review, inspection or approval of any development (based on accounting submitted by the City's Consultant) ,payable prior to approval of the pertinent stage of development. CONDITIONAL USE /SPECIAL EXCEPTION $ 500 WAIVER $ 500 VARIANCE $ 500 TOTAL DUE ~d " 2 Mazch 2005 By submitting this application you hereby grant temporary right of entry for city officials to enter upon the subject property for purposes of evaluating this application. FOR USE WHEN APPLICANT IS OWNER OF THE SUBJECT REAL PROPERTY: This is to certify that I am the Owner in fee simple of subject lands described within this Application for Board of Adjustment consj,~ration: ~ Sig Sworn to and subscribed before me this Personally Known Produced Identification: (Type) ~ OL Did take an Oath Did Not take and Oath Noti# Pu lic Michelle M. Sto. Domingo Comm#DD0831147 Expries 10/15/2012 Florida Notary Assn., Inc. FOR USE WHEN APPLICANT IS NOT OWNER OF THE SUBJECT REAL PROPERTY: do hereby, with my notarized signature, allow to represent me in this Application related to my property. The property is identified as: Tax Parcel Number(s) Located at Signature of Owner(s) Sworn to and subscribed before me this day of 20 Notary Public My Commission expires: Personally Known Produced ID:(Type)_ Did take an Oath Did Not take and Oath na~~t, zoos WAIVER REQUEST A waiver request requires the property owner to clearly demonstrate that the applicable term or condition (the subject of the waiver request) clearly creates an illogical, impossible, impractical, or patently unreasonable result [winter springs Code of Ordinances, section 20-3a (a)]. Please explain how your request meets this requirement (use a separate sheet if necessary). If waiver is denied, I would have to abadon a 20'x32'x9 1/2" concrete slab completley concealed by trees (and without cutting down any trees) and then relocate to rear of propoerty where it would be viewed by all my neighbors and i would need to cut down several trees. i would prefer not to cut down trees In addition to the standard set forth in Section 20-34 (a), a waiver requires compliance with all six (6) criteria enumerated in the Winter springs code of Ordinances, Section 20-34 (d). Address each of the following conditions related to the variance request. Attach additional paper as necessary: ^ What is the Waiver you are requesting? i am requesting a waiver to allow me to build a garage for my motorhome on an existing concrete slab which is 10' from side property line. my adjouning neighbor does not object. ^ Is the proposed development plan in substantial compliance with Chapter 20 of the City's Code of Ordinances and in compliance with the Comprehensive Plan? yes, except for the setback ^ Will the proposed development plan significantly enhance the real property? it will enhance it somewhat - maybe not significantly ^ Will the proposed development plan serve the public health, safety, and welfare of the City of Winter Springs ? yes, my motor home will be out of view CONTINUED ON NEXT PAGE 4 march 2005 ^ Will the waiver diminish property values in or alter the essential character of the surrounding neighborhood? no, this waiver will not affect property values ^ Is the waiver request the minimum waiver that will eliminate or reduce the illogical, impossible, impractical, or patently unreasonable result caused by the applicable term or condition under this chapter? yes ^ Is the proposed development plan compatible with the surrounding neighborhood? yes, many outbuilding exist in this neighborhood photos photos LAT OF BOUNDARY SURVEY FOUND 1/2" IRON ROD (No identification) ,~ \. a, ~~~~ .."e ~ I I I I ae sy 1.++ ~ 1 ~ ~~ I I I I 1 i i ZZ ' 00 ~ ~ ~ N (++ ~ U! ? ~ tP O i to o C CC J~ C 4 ~ ~' LOT 8 N N ' ~ ~ ~ ~ ( (P ~ ~ N cD ~ i ~ ~ ~ ~ i i SCALE: 1" = 40' FOUND 3/4" IRON PIPE ~ (No identificotion) ~ Fence Corner is ~ 0.4'E.and0.1'S. ~ SHEET 1 FOR DESC RIPTION, NOTES AND LEGEND BISON SURVEYING AND ~~APPING INC PROFESSIONAL SUR EYOR I ' V S WD MAPPERS Certificate of Authorizotion ALB 6948 I 325;?9 Okoloosc Trail Sorrento, Florida 32712 I NC Phone: (352) 735-1263 i , JOB N0. 07~-0699T Sheet 2 of 2 Asphalt Pavement PANAMA ROAD (R/W Varies per P.B. 12, Page 34) N89'S4'S1°E 250.65'(M) N89'S4'S1"E 250.78'(P) N N ~~ LOT 1 ~ BLOCK "B" A°~ s. RPS e s, 0 (! d a~ u P~ y c Ce 3.0' 'o. mss, FDUND 4"x4" CONC. k10NUk1ENT (No identifcotion) o4e ~yP Cane Pod 585'26- 250.00'(P) 585'30'55"W 250.09 (M) LOT 2 Q'0' P Fence Comer is ON UNE FOUND 5/8"IRON RDD (No identification) NN 00 ~~ WN a In ~A ~? m O ~ " O ~ ~.~ 3 ~ 1rj R1 m~ ~ a l~ Nv N~ ~ .a a ~ N a~:U3 00 1°~ 07 o~ w D" W .A.v O O ~^ ~~ ~~ Y y y C~ x z y bC ATTACHMENT C October 29, 2008 To Whom It May Concern: It is our understanding that our next door neighbor, Walter Stephens, wishes to build a pole type barn on an existing concrete slab approximately 10' from our shared property line. Since zoning requires a 20' setback, Mr. Stephens is requesting a waiver to allow a 10' setback. We do not object to waiving the 20' setback thereby allowing Mr. Stephens to proceed with a 10' setback. Sincerely, David and Suzanne Checefsky 520 S. Moss Road Winter Springs, Fl. 32708 /~~~ ~ avid Checefs y ~~ U Suz e Checefsky ATTACHMENT D CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES BOARD OF ADJUSTMENT SPECIAL MEETING DECEMBER 18, 2008 CALL TO ORDER The Board of Adjustment Special Meeting of Thursday, December 18, 2008 was called to Order at 7:00 p.m. by Chairman Thomas Waters in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Chairman Thomas Waters, present Vice Chairman Jack Taylor, present Board Member Howard Carman, present Board Member Linda Collins, present Board Member Karen Paine-Malcolm, present A moment of silence preceded the Pledge of Allegiance. In regard to the last scheduled Regular Meeting, Chairman Waters apologized to the Applicant, Staff and others due to the Meeting being cancelled for lack of a Quorum. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Community Development Department Recommends The BOA (Board Of Adjustment) Hear The Request For A Waiver From The 20 Foot Side Yard Setback Set Forth In Section 20-146. Of The City Code, Pursuant To The Waiver Criteria And Procedure Detailed In Section 20-34., To Allow An Open Garage Structure To Be Constructed At 510 Moss Road, Within 10 Feet Of The Side Lot Line. Mr. John Baker, AICP, Senior Planner, Community Development Department presented this Agenda Item and distributed an aerial photograph of the Site to the Board Members. Mr. Baker added, "Staff believes that the proposed building setback and development plan is compatible with the surrounding neighborhood and we recommend approval since we think it meets all of the six (6) Criteria." Discussion. CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES BOARD OF ADJUSTMENT SPECIAL MEETING -DECEMBER 18, 2008 PAGE 2 OF 2 Mr. Walter Stephens, 510 South Moss Road, Winter Springs, Florida: briefly addressed the Board Members. Chairman Waters opened the "Public Input" portion on this Agenda Item. No one spoke. Chairman Waters closed the "Public Input "portion on this Agenda Item. "I MAKE A MOTION WE ACCEPT STAFF'S RECOMMENDATION TO GRANT MR. STEPHENS A REQUEST FOR A WAIVER." MOTION BY VICE CHAIRMAN TAYLOR. SECONDED BY BOARD MEMBER GASMAN. DISCUSSION. VOTE: BOARD MEMBER GASMAN: AYE CHAIRMAN WATERS: AYE BOARD MEMBER PAINE-MALCOLM: AYE BOARD MEMBER COLLINS: AYE VICE CHAIRMAN TAYLOR: AYE MOTION CARRIED. Chairman Waters asked, "Do you know when this will be going to the City Commission?" Mr. Baker replied, "On January 12th [2009]." Board Member Howard Gasman commented on the last scheduled Regular Meeting that had to be cancelled due to no Quorum and Board Member Karen Paine-Malcolm stated, "I am sorry." Board Member Gasman replied, "Thank you." ADJOURNMENT Chairman Waters adjourned the Meeting at 7:14 p.m. RESPECTFULLY SUBMITTED: JOAN L. BROWN DEPUTY CITY CLERK APPROVED: THOMAS WATERS CHAIRMAN, BOARD OF ADJUSTMENT NOTE: These Minutes were approved at the , 2009 Regular Board of Adjustment Meeting.