HomeMy WebLinkAbout2009 06 08 Public Hearing 500 Altomare Estates Variance RequestCITY COMMISSION
AGENDA
ITEM 500
June 8, 2009
Meeting
Consent
Informational
Public Hearing X
Regular
~~ ~/
r- Mgr. / De
Authorization
REQUEST: The Community Development Department requests the City Commission hold a
public hearing to review and make a determination regarding the Altomare Estates variance
request from (1) Section 9-10 (average lot size within 1,000 feet) and (2) Section 9-152
(maximum cul-de-sac length) of the City Code, pursuant to Section 9-5 of the City Code. The
request is in conjunction with subdivision plans for the 17.28 acre site located between Seville
Chase and Dunmar.
PURPOSE: The purpose of this agenda item is (1) to consider a variance request to allow the
site to be subdivided into lots larger than the 1 acre minimum required by the Rural Residential
Future Land Use designation and RC-I zoning district but smaller than the average (i.e.
arithmetic mean) size of the lots within 1,000 feet of the subject site which are also within the
RC-I zoning district and (2) to allow a cul-de-sac longer than 800 feet, subject to provision of
adequate emergency access.
APPLICABLE ZONING AND LAND USE DESIGNATION:
Zoning RC-I
FLU Rural Residential
APPLICABLE CODE:
Sec. 9-5. Variances [from Chapter 9 specifications].
Sec. 9-10. General criteria for approval.
Sec. 9-152. Culs-de-sac; dead ends.
Chapter 20, Division 3 RC-I Single-Family Dwelling District.
CONSIDERATIONS: Years ago, Dr. Moseley decided to divide what was then a 30 acre, one
lot plat. He and a development team met with staff to determine a plan to divide the site into 2
June 8, 2009
Public Hearing Item 500
Page 2 of 5
separate large lots and then, to later subdivide those lots into smaller lots. All of this was made
known to the City Commission at or before the time the site was re-platted, in November 2005.
Subsequent to the re-plat in 2005, the Commission adopted Ordinance No. 2006-11, on
September 11, 2006. This ordinance required each new proposed lotto be equal to or larger in
size than the average size of all lots (of the same zoning) located within 1,000 feet of the property
to be subdivided or split (the regulation does not apply to PUDs). The applicant's design team
was unaware of the new regulation when it followed through on what had been extensively
discussed previously with staff - submitting a preliminary subdivision engineering plan. The
plan depicts seven (7) residential lots along a cul-de-sac roadway. The presently proposed
configuration depicts lots from 1.31 to 4.17 acres, which is less than the 8.28 acre average (one
large lot to the north and the large lots in Dunmar). Staff met with the City Attorney subsequent
to the subdivision plan submittal and determined that the chapter 9 variance process (Section 9-5)
is an appropriate method to achieve the desired subdivision layout.
Section 9-152 of the City Code prohibits cul-de-sac roadways in excess of 800 feet. This is a
standard regulation throughout central Florida. The purpose is primarily to avoid creating
isolated developments that cannot be reached if an access point were blocked by an emergency
situation. It is not unusual to waive this requirement when adequate alternative access is
provided -even if only to accommodate an emergency situation. It is a very important primary
life-safety issue, but it does not have to be full time access. Staff (City staff and the Fire
Department) have stated that they do not object to the variance if adequate emergency access
were provided. One potential alternative that was discussed in 2005 and again recently, is a
stabilized emergency access way through Dr. Moseley's Dunmar property and lot 1 of the Dr.
Moseley Re-plat.
The site contains wetlands and portions of the 100 year floodplain. The applicant has proposed
to preserve the wetlands and provide a 25 foot upland buffer. The FEMA floodplain map was
recently revised (September 28, 2007), depicting more of the site as floodplain than the previous
map. Floodplain encroachment is proposed, which will require compensating storage for all
encroachment into the 100 year floodplain. Storm-water run-off from any new impervious
surface must be accommodated to City and St. John's River Water Management District
standards.
Section 9-5 (see attached) provides a mechanism for variances from the Land Development Code
requirements of Chapter 9. These are different requirements than the Chapter 20, Zoning Code.
a) "The board of adjustment may grant a variance from the terms of this chapter when
such a variance will not be contrary to the public interest, and where owing to special
conditions, a literal enforcement of the provisions of this chapter would result in
unnecessary hardships. Such variances shall not be granted if it has the effect of nullifying
the intent and purpose of this chapter."
June 8, 2009
Public Hearing Item 500
Page 3 of 5
Staff believes that the applicant expended funds and is acting in good faith, based on previous
coordination with staff and that a reasonable transition can be made between the large lots in
Dunmar (to the east), the large lot to the north, and the much smaller lots in Seville Chase (to the
west; Seville Chase is not within the RC-I zoning district; the lots abutting Dunmar in the
adjacent Oak Forest subdivisions are as small as 75 feet wide and 0.20 acre). The final
configuration may not necessarily resemble the specific lot layout depicted in the initial
preliminary subdivision plan -please see the subsequent attached plan revision (Attachment
G) that was presented and discussed at the meeting with Dunmar property owners on May
28, 2009. It can be reasonably argued that a literal enforcement of the provisions of Section 9-10
would result in unnecessary hardships. Provision of an adequate emergency access easement
fulfills the spirit and intent of Section 9-152 provision to protect the public safety. Given the
length of roadway to be constructed to City specifications, the associated storm-water
management, and the distance to bring potable water, the applicant states that a certain number of
lots must be created to cover the initial investment.
b) "A written application for such variance must be submitted demonstrating that special
conditions exist which are peculiar to the lands, structures, or required subdivision
improvements involved and which are not applicable to other lands, structures or required
subdivision improvements."
The unusual size, location, and configuration of this and adjacent properties could be considered
unique and not applicable to other RC-I properties. Please note the sizes of the lots in Oak Forest
which abut Dunmar, to the east, many of which are only 75 feet wide and only 0.20 acre (no
transition). The applicant has met with neighbors in Dunmar and provided a more acceptable
design in an attempt to address their concerns.
c) "Before any variance shall be granted, a public hearing on the proposed variance shall
be held by the board of adjustment. Notice of such public hearing shall be published
fifteen (15) days prior to the hearing in a newspaper of general circulation in the county.
Such notice shall also be posed fifteen (15) days prior to the hearing in three (3) separate
places in the city, and be mailed to all persons who are record owners of property within
one hundred fifty (150) feet of the subject property."
This has been done. Notice has been posted in 3 locations. Letters went out to all abutting
property owners within 150' feet of the subject property. A notice was published on page D11 of
the Orlando Sentinel on April 30, 2009.
d) "The board of adjustment shall make findings that the requirements of each portion of
this section have been met. The board of adjustment shall further make a finding that the
reasons set forth in the application justifying granting of the variance and that the variance
is the minimum variance that would make possible the reasonable use of lands, buildings or
other improvements."
June 8, 2009
Public Hearing Item 500
Page 4 of 5
Staff believes these are the minimum variances required to allow the proposed further division of
the property, as was previously coordinated with staff and the City Commission. The proposed
revised lot configuration better accommodates a reasonable transition of lots sizes, but may need
further modification to accommodate floodplain and other environmental regulations. The
applicant has met with abutting lot owners from Dunmar Estates and has made modifications to
his plans to address some of their concerns.
e) "The board of adjustment shall make a further finding that the granting of the variance
would be in harmony with the general purpose and intent of this chapter and will not be
injurious to the surrounding territory or otherwise detrimental to the public welfare."
Staff believes that granting these variances would be in harmony with the general purpose and
intent of this chapter and will not be injurious to the surrounding territory or otherwise
detrimental to the public welfare. The applicant has met with abutting Dunmar property owners
to ascertain and address their concerns. The applicant's proposed plan modification is attached.
f) "In granting any variance, the board of adjustment may prescribe appropriate
conditions and safeguards, to such variance, and when made a part of the terms which the
variance is granted a violation of any term or condition shall be deemed a violation of this
chapter and shall be punishable as such.
Staff stated the opinion that the Board (BOA) should recommend approval, subject to (1) a
reasonable transition of lot sizes, keeping as much of the side abutting Dunmar as open space as
possible and (2) provision of adequate emergency access to the proposed subdivision.
FINDINGS: 1. The site is located within the RC-I zoning district and has a Rural Residential
Future Land Use (FLU) designation.
2. The subject property is located between large lots within Dunmar (Dunmar is an unplatted
subdivision with unpaved roads) and much smaller lots within Seville Chase. The subject
property abuts one large unplatted properly to the north.
3. Dunmar abuts lots as small as 75 feet wide, on its eastern boundary, in Oak Forest. The three
(3) lots which Dr. Altomare proposes to abut the west side of Dunmar far exceed 75 feet in
width.
4. The lots in Oak Forest which abut Dunmar are as small as 0.2 acre.
5. To subdivide the subject property into lots of less than 5 acres, the applicant must provide
paved streets to City specifications (Sec. 9-149).
June 8, 2009
Public Hearing Item 500
Page 5 of 5
6. Concerns and objections have been expressed by property owners from Dunmar. The
applicant met (May 28, 2009) with abutting property owners from Dunmar to ascertain and try to
address their concerns.
7. The variance requests must meet all the variance criteria set forth in Section 9-5 of the City
Code and staff believes that the variance requests meets all of the variance criteria and supports
the request, subject to the recommended conditions.
BOA ACTION: At its meeting on May 21, 2009, the BOA heard testimony from neighbors
from Dunmar, voicing concerns about the proposal. The BOA voted 4-1 to recommend approval
(the dissent is explained in a memo in Attachment F).
RECOMMENDATION: The BOA and staff recommend that the Commission approve the
variance requests, subject to (1) making an adequate lot size transition from Seville Chase to the
adjacent lots in Dunmar and (2) providing adequate emergency access.
ATTACHMENTS:
A Location Map & Plat
B Sections 9-10 & 9-152
C Application Package
D Newspaper Advertisement & Letter to Abutters
E. Letters of Opposition
F. Minutes & Memo Explaining Dissent
G. Revised plan (concept) Shown to Neighbors
CITY COMMISSION ACTION:
ATTACHMENT A
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DR. MOSELEY'S REPEAT
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ATTACHMENT B
§ 9-8
WINTER SPRINGS CODE
present the application to the city commission for
its approval. If the commission approves the ap-
plication, the mayor shall issue a written permit
for such removal.
(b) Unless such removal becomes a public nui-
sance or endangers the public health, safety or
welfare, no permit would be necessary other than
a building permit for the removal which would be
incident to the preparation of single-family homes
or auxiliary structures such as patios, swimming
pools or driveways.
(Code 1974, § 9-5)
Sec. 9-9. R.eplatting.
Originally platted lots or parcels may bereplat-
ted in accordance with the platting provisions of
Chapter 177, Florida Statutes and this chapter.
(Ord. No. 2005-23, § 2, 9-12-05)
Sec. 9-10. General criteria for approval.
Before any plat replat or lot split application is
approved by the city commission under this chap-
ter, the applicant must demonstrate, and the city
commission must find, that the proposed plat,
replat or lot split meets the following criteria:
(a) The application is in compliance with the
provisions of this chapter and applicable
law.
(b) The application is consistent with the
city's comprehensive plan and applicable
city master plans.
(c) The application is compatible and in har-
mony with the surrounding neighborhood
including with respect to the size of exist-
ing surrounding lots and development
trends in the neighborhood which have
been previously approved by the city com-
mission. For properties zoned residential
(excluding planned unit developments and
Town Center), the resulting lots must
comply with the following additional min-
imam standard:
(1) The size of each proposed lot must be
equal to or greater than the average
size of all lots that are located within
a one thousand (1,000) foot radius
around the outer perimeter of the
proposed lots and have the same city
zoning designation as the proposed
lots. The average shall be defined as
the arithmetic mean and shall be
determined using the average of all
residential lots, excluding lots and
tracts reserved for stormwater, con-
servation, and areas on previously
approved plans designated for fu-
ture development. The proposed lots
shall be included in the calculation
of the average.
(d) The application does not create any lots,
tracts of land or developments that do not
conform to the City Code.
(e) The application does not create burden-
some congestion on the streets and high-
ways.
(fj The application promotes the orderly lay-
out and use of land.
(g) The application provides for adequate light
and air.
(h) The application does not create overcrowd-
ing of land.
(i) The application does not pose any signif-
icant harm to the adequate and economi-
cal provision of water, sewer, and other
public services.
(j) The application provides for proper in-
gress and egress through a public or ap-
proved private street or perpetual cross
access easements.
(Ord. No. 2005-23, § 2, 9-12-05; Ord. No. 2006-11,
§ 2, 9-11-06)
Sec. 9-11. Lot splits.
The city commission may by resolution at a
public hearing grant waivers from the platting
requirements of this chapter for divisions of land
that constitute a lot split:
(a) For purposes of this section, the term "lot
split" shall mean a division of a tract of
land or lot that will result in the creation
Sapp. No. 10 562.2
§ 9-150
WINTER SPRINGS CODE
traffic, provisions for improving such access streets
shall be included with the preliminary and final
development engineering plans submitted to -the
city for consideration and approval. Access streets
shall be paved prior to the issuance of a building
permit in aforesaid development. All costs shall
be borne by the developers.
(b) When a new development places a burden
on the design capacity of a presently paved street
immediately adjacent to the development, the
developer shall, if deemed necessary by the city
and at his expense, upgrade the improvements of
the street in question beyond that which the city
would normally perform.
(Code 1974, § 14-88)
Sec. 9-151. Paving costs.
No part of the cost of paving new streets in any
undeveloped subdivision shall be paid by the city.
All paving installed in such subdivisions shall be
at the entire cost of the owner or developer and
shall be pursuant to the provisions of this chapter.
(Code 1974, § 14-89)
'~a Sec. 9-152. Culs-de-sac; dead ends.
(a) Cul-de-sac rights-of--way shall be provided
with a terminal radius of at least fifty (50) feet,
and the paving shall be eighty (80) feet in diam-
eter. Astreet ending in a cul-de-sac shall have a
maximum length of eight hundred (800) feet,
including the cul-de-sac.
(b) Dead-end streets permanently designed as
such shall be provided with a cul-de-sac.
(Code 1974, § 14-90)
Sec. 9-153. General layout; connections with
ezasting streets.
The proposed street layout shall be coordinated
with the street system of the surrounding area.
The arrangement and location of all streets shall
be considered in relation to topographical condi-
tions, to public convenience and safety and in
appropriate relation to all proposed uses of the
land to be served by such streets. Streets in a
planned unit development intended and designed
to receive and collect the flow of traffic from minor
interior streets within the planned unit develop-
went, and flow such traffic out of the develop-
ment, shall not be interconnected so as to allow
direct transport of traffic from any outside source
to an arterial street, thereby utilizing the internal
collector street as an arterial street.
(Code 1974, § 14-91)
Sec. 9-154. Half streets.
Half streets shall not be platted except to
complete an existing half street.
(Code 1974, § 14-92)
Sec. 9-155. Intersections.
(a) Streets shall be laid out to intersect as
neazly as possible at right angles. No street
right-of--way shall intersect another at an angle
less than seventy (70) degrees unless special
provision is made in the design of the intersec-
tion. Wherever possible, intersections of paving
shall be at ninety (90) degrees and the right-of-
way increased accordingly.
(b) Multiple intersections involving the junc-
ture of more than two (2) streets shall be prohib-
ited. Intersections with major streets should be
located not less than eight hundred (800) feet
apart, centerline measurement. Street jogs at
intersections with centerline offsets of less than
one hundred fifty (150) feet are prohibited.
(c) See subsection 9-297(b), concrete valley gut-
ter at standard intersection, for additional require-
ments. Intersection engineering shall include sign-
ing and/or signalization.
(Code 1974, § 14-93)
Sec. 9-156. Street names.
New street name assignments shall be subject
to the review, verification and approval of the
Seminole County Planning and Development De-
partment. Proposed street names shall be submit-
ted as part of the site plan review for the City of
Winter Springs, and the site plan review commit-
tee shall forward the proposed street names to the
Seminole County Planning and Development De-
partment. Building/lot number assignments shall
Supp. No. 2 574
ATTACHMENTC ~~~0072~
CITY OF WINTER SPRINGS
COMMUNITY DEVELOPMENT DEPARTMENT
1126 STATE ROAD 434
WINTER SPRINGS, FL 32708
407-327-5966
FAX:407-327-6695
APPLICATION FOR SUBDIVISION REVIEW ~ ~~~~
® PRELIMINARY Subdivision Plan ~~
^ FINAL Subdivision Ptan ~~~ ~ JP 2~0~
^ COMBINED PRELIMINARY /FINAL
^ Subdivision Plan Sales Trailer G11Y GF k'L`shtTEft SPkINGS
^ RESUBMITTAL ~Errraittinp ~ L+censing
APPLICANT: Altomare, DMD Dr. John M.
Last First Middle
MAILING ADDRESS: 3710 Aloma Avenue
Winter Park Florida 32792
City State Zip Code
PHONE & EMAIL: (407) 678-8848; drjohn@smile-orlando.com
If Applicant does NOT own the property:
PROPERTY OWNER: Same as Applicant ~~
Last First Middle
MAILING ADDRESS:
City State Zip Code
PHONE & EMAIL
This regaest is for a: ® RESIDENTIAL PROJECT ^ NON-RESIDENTIAL PROJECT
PROJECT NAME: ALTOMARE ESTATES
PROPERTY ADDRESS: 681 Fisher Road and 106 Via Capretti Road
TAX PARCEL NUh,IgER:11-21-30-506-0000-0020
SIZE OF PARCEL: 820,234.8 18.83 Including Roadway
Square Feet Acres
EXISTING LAND USE: Vacant
Current ZONING Classification: R-C1, Single Family Dwelling
Current FUTURE LAND USE Classification: MlXed USe
~;t` i F. ~L
r• :.- .._
t'~5'
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 PROPERTY:
This is to certify that I am the Owner in fee simple of subject lands described within this Application for
Site Plan Review;__ _~
of Owner
Swom to and subs/~c~ri~l~nb~,e~/d~~b,,~efo/re~me this ~ ~~~"t' `'~`~`~"
day of a/~~~ 20 0~ . Notary Public
My Commission expires: ~~'oz "ZO/(~
~ Personally Known
Produced Identification: 20~-"" °~•Gn Notary Public State of Florida
(Type) Martha V Sebaaly
Did take an Oath y~ - ao My Commission DD724325
Did Not take and Oath or ~~ Expires l)1/02/2010
**************************************************************************** ********
FOR USE WHEN APPLICANT IS NOT OWNER OF THE SUBJECT PROPERTY:
do hereby with my notarized signature allow
to proceed with Site Planning on my property.
The property is identified as: Tax Parcel Number(s)
Located at
and as further identified on the Metes and Bounds description provided with this Application.
Signature of Owner(s)
Signature of Owner(s)
Swom to and subscribed before me this
day of 20 Notary Public
My Commission expires:
Personally Known
Produced Identification:
(Type)
Did take an Oath
Did Not take and Oath
rib Zoos
F ~ ~ FLORIDA I `'~ %7 ~, %;an~e i,v,~ra~~ Suit
ENGINEERING `f'`' Eir:ron:~<-, 'rL .'s2~ t".
GROUP f%f'+,u~: 4()?SSS-C3~:_-~
ALTOMARE ESTATES
REQUEST FOR WAIVER
SECTION 9-10 (C) (1)
A waiver is being requested from the Winter Springs Land Development Code Section 9-10 (C) (1) as part
of the Altomare Estates Preliminary Subdivision Plan. The following narrative provides justification for
this waiver request:
Waiver from Section 9-10 LC) (11 of the Winter Sprinxs Land Development Code
Section 9-10(C) (1) of the Winter Springs Land Development Code requires a proposed plat or lot split
to meet the following criteria:
"(c) The application is compatible and in harmony with the surrounding neighborhood including with
respect to the size of existing surrounding lots and development trends in the neighborhood which
have been previously approved by the city commission. For properties zoned residential (excluding
planned unit developments and Town Center), the resulting lots must comply with the following
additional minimum standard:
(1) The size of each proposed lot must be equal to or greater than the average size of all lots
that are located within a one thousand (1,000) foot radius around the outer perimeter of the
proposed lots and have the same city zoning designation as the proposed lots. The average
shall be defined as the arithmetic mean and shall be determined using the average of all
residential lots, excluding lots and tracts reserved for stormwater, conservation, and areas on
previously approved plans designated for future development. The proposed lots shall be
included in the calculation of the average:'
The proposed Altomare Estates subdivision area is approximately 18.83 acres. Seven (7) lots are
proposed within the total subdivision area. The lots vary in size from about 1.2 acres to 5.86 acres with
the average lot being approximately 2.09 acres (i.e.; average lot is based on total combined lot area of
14.66 acres for Lots 1 through Lot 7), which is significantly larger than the minimum 1 acre lot size
required per the site's R-C1 zoning.
Lots that are located within a one thousand (1,000) foot radius around the outer perimeter of the
proposed subdivision and have the same city zoning designation as the proposed lots (R-C1 Zoning)
include fourteen (14) lots along Dunmar Circle to the east, north and south of the proposed subdivision,
a parcel/lot to the north, the remaining Mosley re-plat lot to the south, and the seven (7) proposed lots
within the Altomare Estates subdivision. In total there are twenty (23) lots within the 1,000 foot radius
as shown on the attached sketch and tabulation. The average lot size of the 23 lots is 8.28 acres.
There is a clear distinction, however, between the proposed subdivision and the lots, within a one
thousand (1,000) foot radius around the outer perimeter of the proposed subdivision. Specifically, the
proposed Altomare Estates residential subdivision conforms to the requirements of the City's Land
Development Code Chapter 9 as follows:
1. The proposed subdivision provides the required minimum 50-foot right-of-way and required
minimum 18-foot paved roadway.
2. The proposed subdivision provides potable water service to all of the proposed lots.
3. The proposed subdivision provides fire protection to all of the proposed lots (i.e.; adequate fire
hydrants are proposed per Section 7-78 for maximum fire fighting capability).
4. The proposed subdivision incorporates a stormwater management system, which meets the
State (SJRWMD) and City of Winter Springs water quality and water quantity requirements.
5. The proposed street design incorporates curb and gutter and storm sewer conveyances to
provide drainage from the lots and the street to the proposed detention ponds.
The lots located along Dunmar Circle are not platted pursuant to the City Code and consist of tracts
within Levy Grant. Based on cursory review of these lots, they do not appear to meet several
requirements of Chapter 9 of the City's Land Development Code. Specifically,
1. There does not appear to be a designated right-of-way per the City code, and the lot lines
appear to extend to the center line of Dunmar Circle.
2. Dunmar circle is an unpaved road.
3. There is no roadway drainage system to convey stormwater runoff from the lots or roadway to
storm water management system facilities.
4. There is no formal defined drainage or stormwater management system for the subdivision.
5. Based on review of the City's utility map, it appears that only the first three or four lots along
Dunmar Circle are served by potable water.
6. Fire protection does not appear to be adequate, since there is no fire water system for most of
the lots, and the fire hydrant spacing exceeds the maximum recommended.
In light of the above, it is our opinion that requiring the size of each lot within the Altomare Subdivision
to be equal to or greater than the average size of all lots within 1000 feet on Dunmar Circle would pose
undue hardship on the owner, since he would only be allowed to have two lots, which would not be
viable when considering the cost of the infrastructure and utility improvements required to meet the
Land Development Code.
Furthermore, it is our opinion that granting approval of this waiver would not be injurious to the
surrounding properties, since the owner has provided for orderly layout and use of the land; provided
adequate light and air; prevented overcrowding of land; facilitated the adequate and economical
provision of water, drainage and other public requirements; provided for proper ingress and egress;
promoted proper monumenting of land subdivided; and will convey the land by a proposed plat.
Therefore, we respectfully request a waiver from Section 9-10 (C) (1) of the Land Development Code.
E FLORIDA „)~ ~ ri Y, ~ "L S04
ENGINEERING f x,r. ,7 zJ~ ~
GROUP
;:'ax: ,ai)'- ~>`i-0325
LOT AREA TABLE
~. rs.- t
-
LOT N0. AREA
(ACRES)
'~1 xc 110 C 20.46
,~~'~ DUNMAR ESTATES
~4 ..,_ a
~r~X 118 B 28.35
126 A 6.94
x'.'^;
~,. 126 C 9.07
'('($.b t ~'.:~ ~
.:.:
; 126E 9.34
{ ~,~"' H',i{
I ,
i2~`
U
'
'
134 A
8.28
~~ .
J
:
~
.
-- ' "" I ° 134 B 7.21
I~ n~'It ~+ '^'~ ~- p~, s i 134 D 9.04
~~~}`.g L
~ t _ A ,
134 F
9.22
'~--- zC~~ ~ ~'~" 134 G 8.04
., r.,o ~?!
r
'~~ _
~ -,
I 134 J 7.39
-~ `' T
i2fi
F 1
i ~ .
,, ~ 142 A 11.52
~
'
` ~ ~- 1: ~ "~
'~
!
E i 142 8 48
7
_
(
~~.(~
i ,
. .
-w;: j~ ~
i
t ;: ~
- .
s~
: 142 C 14.49
~
F ~ y
, ~
. ~
~`~°""--~ ~ ~ 142 0 9.67
~
~ ~"~%' ~= ALTOMARE ESTATES
-~ '" 1 1.54
. #9........i';x -
_ 2 1.20
y ~ y
xl
i ~4 E 3 1.27
.
'~ 4 1.fi9
---... _. ... Fn
iL,, n.:-.
,,; ~ _x,
.. ....
~ .:..
,,. 6 1.75
~ 't4.~ E ~ . 7 ,.3s
. ..
_~--
~.I*. I ~ ~ ,1,
,
- ""~ ~
'
MOSLEY PROPERTY
,,~
) ~ ~ 1 ;} ~
id2 d 1 11.34
a..--~~~_
TOTAL
190.52
~i ~ _ { .~
~/' ~ 5 ;; ~ ~ ~ it ~~ 1t ~ r a ~."` > ~ I d:. ~ ~ AVG. LOT SIZE ~ 190.52 AC/23 LOTS
._t ~` ~ -~----_ _.7-''`.mot` , '( ~ ~ y~T.~i "' r ry 8.28 AC.
1 ~ 1~-, '~ ~6B60-bbb0:i.-.:.. ~,.t . ~ rt ~I ~i r---...~_,~-- `.:: I ~t4T.J ~, i~~, ,, ; ~.
,,,,;,;wM ,10'„0, vei~.u.~aOww,F~Omo LOTS WITHIN 1,000 FOOT RADIUS _ ,..e..
~~wo~d~am, ALTDMARE ESTATES FEGO"
~p en.ranu~a
WINTER SPRIN09, FLORIDA nr,u.maeFwu
Fue urauew Cr1
M IN ~N N
FMnMXN IM FWUn ww.IWu.r ~ oe AM IM ue
q [
CONSERVATION ~ CONSERVATION
EASEMENT EASEMENT
h I!
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SITE DATA
7. W,Yar ]aNW, R-CI, YnYD WILY R,WAw
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]a,l, a1 +[fl/InIE tCII1M1 ]a11E 1' ME NWA, Z1EW WIDI m iC YllmE M nna KM
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li. I' maw LmW W m E mNVRmm M +IaaW+4
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TRACT N6
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(ApEi)
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~ aF'nuFCT FOR WAIVERS
CE9 WNAfR DFSCI+PTDN
ALLOW LD1S YW1NA1 W 1.M ACHE W 9]E WACL EW~DS TIE YWWIIY 1 AISY
R-CI ]aNYLa pEQlY1NLMl! W LIEU K LD15 EWIN. Ta tli GFAIER MM TIE
AMRAfI SID: K ALL 1015 TUT ARC /OCATb WTIW A WE TIWSAND (IDn1I FTDT
SEC h1IXci RADIUS MgN10 TIE n11E11 PERYIE1E11 K TIE MDPalEO LOTS AND HALE M +AYE
ntt ]ttiNa DEgaNAl1011 Ai TIE MDPDEEa Lali
sEe s-iD1C1) Rwmcs LRNECESSN1r xAMW a n¢ KNftaFA AM TE R[glEar
IMRgkNWO PRDPFATFS
YIl1 NOT 8E NA%tlNl! Ta M S
ALLDW A tlIL-aE-LAC WTI A YAYLLW IENOM CF a,1M fFET N IIFU K TIE
SEC !-1!] RED1RRfn YAANRIY IiNDT1 Oi W10 RET WTI A lECDNDMT 9TAW1rED ME ACCE!!
PRDMDFa.
N
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61S7i
SITE GEOMETRY PLAN
ALTOMARE ESTATES FLORIDA ,
.
FL9LDa
D
4Na
,10C,
f~,r,WTW, WINTER SPRINGS, FLORIDA ENDINFFAIND
FEG DROUF ,
1
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DATE REVISNIN9 +Y CNECNED ,,,,
i
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s
f I / + f s' ~~ ~ ~ ~~ tfs
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• I / ~ .•'r Lor zs .a
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IH ./ ~' / ~ ~~ r ~~ • ! i M. eavYS i¢n~; ~anxnc ro nE sui tno®v ~s wrnROm w
ltON K wS V. Of tN[ !'uBIIC RFtawaS Oi 5[uY~01L Cpwrt. MeM
1 ~ v; / , ~
1 • r R~e,
~ 1 ~ 4t r f , ~ I SURVEY REPORT:
E / r LOT 26 na
I _ _ ...~ ~...~ ..r..,..-....,..~.a
I ~ ti ....,..... ti ti N.........,
' ~ N~YW Gr.t •.w ww. m~q ~d ti w wti M ~ ~T
r' s, ..r r• ~ ...N.......s
+• r 1. LMnv r~l - on~~ w/=/~`^ / /~
_ f + LOT 27 ~~ rrb ~~~~
• ''~ _ r-0~ c ~ R ; ~ I: "°:~ I:~Inm w r e.~ w `s ~. r .. x.
t]5' I ~ /~ r .t ,r ~.n ~ ~' \• TINE THE LECEN6
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SWACGERTY,~ LLC ~ .IGNN ~~~~ OAS
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'.
~ ATTACHMENT D ' ` ~ ~ ~ . .
:~r , rAPf~IL<~fJ'y20O9a .Q~~~ ~
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H~ DECt'.DENTS DATA , ~ 190AMarlq Kellum #20~'A ~SIDE~t4CE UNkNO)A1N
F pEATH JS BARitf=O` ~TyppU NAi[E~N~cAIIEStIp•NSRE• < + Kristen Cq~roll #2010.Kis 1
~ ,, BIIRDINO'71N1~NDIME{CONfACf )'(((~•~pF NTLRtSPRD162i, mef~ Davie.#2314*'S acv $7lt~OWN A[1DRES5
he date vtfirsf pdbllcu{IoA~ TIIE ORANGE COUNTY ENVIRON , RDMD:DF ADJUSTMENT WILL Little #3015 r Mel~sse 1503e).Sh v Court- r. i "~
z~ s°noNce Is Aptll 23, FJETAL PROTECTION, OIytS10N NOLD.A PURUC-NEARING TO ,Moore #4025 Ptlmel4 PRne, QrlarMo FL 32826r - `fit
401438.1400, EneiL )It abaaa CONSIDER THE FOLLOYFINB { ~ AND TO•~All persgns claims
.. „ r , ~od1aA • •• L ~G. )YARUINCFS FOR LST 2 T1F OR. sort ~ r e: log-.art Interest by through
• ~~' ~ R`OSEtFT;S, REPIAT PB'S1, PG 93 under or agolnS4 the afore-
~91SDNAL"REPRESBPfAiIYE PAIIA STS REFORMAGOIL REFER Simply Sdf S~s iZH6 W C°- sold. defandard(s) •
gNNE.PAUL ~ IME A ESTA,YLSfAPUB CA CON ]Fto,cllow lof'S1zedo Vary; lnial Dr t srdnaa,, FL 3r7t)
55.50 Mertrorlal Drive.. ,' ; _ RFSPECTO A'UNA>AUDENGA:PUR from Seatlon 910 which:Te- ~ Msasp J9, 200>f0.11~1 Tbl).ARE RBIEBI NOTIFIED. that ,
Orlando ' FE 32821 ~ ' ~ UCA SORRE PROPIEDAD 'EN ~SU 'qu)Fes lots to be dt least aoc #D106 Victoria Novak; # vn action Yo'=foreclose a .
~ Al`TORMET. FOR PERSONAL M~y~(NOAO FA~QR COMUNF ettual to ihe'avera0e orlTfi- 2033 ~ 2134 Hector Goncep• moFtpage on the folloWln
1 r' REPRESENTATIVE CAUSE CON u bRN9WN 0 ENVI- meth menu of lots within elan • : described property. locate .
I Sean F, Bogle RONMENTAL PROTEC.Tt~N AL 1000' and ' In OrongeCounty, Florida;. .,
, Florida ggar No. 106313 MUMFAO 101.310.11D0. 2) to allow the length of the .COR977960 4130 SVZ, 209
Law Office of: Sean' F: ~ cut-deaac fi be IongeF than' LOT `~ 7 V;4L~N~1 A -
' B le, PA. The maximum allowed un NOTICE.^OF PURU,G SALE-The WOODS ACCORDING 70
' dfangp County Board. of THE PLAT THEREOF' AS
' . -'706 TuTnbul Avenue County CamrtTisslone '.will der Section 9-151: Ferspnvl property hoose•
Suf~e203 TNURS At+NU1T21,-280gAT7:00 hold g ds,..vehicle parts RECORDED IN- PLAT
conduct- ppublic hevrMs3, om p o4 ; BOOK 32 PAGES 93 94 OF . - .
~Alfumonte SpriAgs For da M ~, 700l,'vf 3 .dc, or as P>~ ar'saoa•lhanaRrrla The. tools and rest of content 'off
~270i34T6 ~n tlierealfer a~ possible 0A ~ePi6M Ithe following rental sppces THE pl1BL'IC RECORDS •:,.
. - Teleplwne (407) 834-3311 LOCATED Ai,~1NE WINTER '-~ will be, sold.for cash.bF o}h OF ORANGE COUNTY
In the GOUntY Calnmisslon .. SPRINGS CRT'NNAALL ertVise'.dlsposed of'to satisfy
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iGENEVIEVE KATHRYN Consideration: Request fvr vance of Tie meeting aT . Kissimmee 221 Slmps4n . 21Pr Boca!Ratoh FL~3343y_
;DAVIS, ~ ~ ah After-the-Ipct Shorelinb 407)'327-1800, Extension Road Kissimmee, FL 341M~, and file the original with
Deceased.. AlteratloNDredya and ^.Flll ~• This Is -a public .hear- ,407.847-6101: ; ibe Clerk otibe Court, wltfF
Permit AppllcatloA to allow )M' If yoU decide to appeal In 30 days after the`flrst '
NOTICE TO CRmRORS . • . an .existlna seawall to re- vnY recommendation, made Hams Sppen No; Comiaa publication of this notice, ei- _
main on the propert ,pur- ppyy the Board of Adjustment .RUBY BOSCH #320 General }her before or Immediately
The adminlstrvlfon of _ihe suant to Orangpa CYounTy with respect to any matter Household Goods thereafter, otherwise a dey •' .
estate of Genevieve Kath- Code Arfltle VI. Pumping wnsldered at this meeting DAVID H. HAMPSHIRE fault may be entered
ryn Davis, d~ceasetl whose and ~red0lrro Control; Sec- yvu wltl need a record v~ #540 General Household tlgtlln5l~YOU for the rellef'-~
date of death was ~Jovem• Tlon 15.218(4)). •. the proceedings, 'and for Goods dertwnded:ln the Complaint.
ber`13, 2005; Flle Number Location: Di Trlct 4t on such purposes, you may DULFAY RIVERA #817 Thls notice shall be pub-
40.2009-CP-346^0, Is cend)ng procerty located adjacent to need To ensure that a verbs- General Household Goods Ilshed once a week for two
In the Circuit Court for Or• Lake Hart, located of 12735 fIm record of the proceed-. consecutive weeks in the
anga County, Florldo Pro- Broieman Road- Parcel ID Ings Is mode upon which OSC975875 4/J0, 517; 2009 Orlando Sentinel.
bate Division, the address 21-24-31-0000-00-dib• Section the: appeal Is based. Inter- ...
of which Is 43 North Oran a 21, Township 2~ South, ested ponies are advised NOTICE OF PUBUC SALE DATED: April 14, 2009
that'they may apppear ot. the ~
Avenue, Suite 340, Orlon o, Ran a 31 EasT• Orange meeting and be heard' with PUBLIC NOTICE Is hereby LYDIA GARDNER
Florida 32802-4994. The Coun Florida (~egal prop- given, The personal Property '
yty respect, to the proposed re• Clerk of the Clrcult Court
names and addresses of the erTy des~riptlon on file) quest. contents of the follow)ng (CIRCUIT COURT SEAL)
persohal represenfatlve and ~ rental units will be offered Kelly Grubbs
The personal represenfa- -and- 5L5976289 grdO/gq for sole by Public auction to Deputy Clerk of -ihe. Court
tlve's attprney ore seT-forth ~ satisfy Buenaventura Self
below- Aiplie~et: John and Linda Staraya Ifen's of Buenaven- •If irou are a person with a
All creditors of the dece- Morton NOTICE OF VOLUNTARY turn Self Storage 1051 Bur dlsabil(tywha needs anv ac-
dent and other persons Iwv- Gvnsideratlon: Request for SILIBOARO AGRFJ]YIFJIT noventuro Blvd Kissimmee commodvtlon: in order to ,
trap claims o'r demands an After•the-fact Shoreline PUBUC NEARING. FI 34747 on 115118/2009 a{ par}Iclpate~ln this proceed-:
against decedent's estate, AlteratibNDred9ya a dFIII ~ TO RE HEIR 12:30p.m. or thereafter. Ing, yWore eraTltled, rat no .
_ on whom a Copy of this no- Permit Appllcatlon to allow MAT T7, 200! AT t]0 P.M. TERMS: CASH ONLY. We cost tv you to the provision
flee Is required Tv be an existing seawall to re- reserve the right To re)ect of certain assistance.
served, must' file Their main on ihe property, our- Nafice is hereby given that all bids. A =50 cleaning de- Please cOntact.}he ADA Co-
claims with' this court sugnt to Orangge County the Seminole County Board posit .will be collected at oFdlnalor, Ms. MarrBeth
WITHIN THE LATER OF 3 Code Article VI. Pumping of County Commissioners time of the sale and refund- D'Aurla: at 425 N. Orange
• MONTHS AFTER THE and bredgin0 Control; Sec- (BCC) will conduct a public ed after all contents of ihe Avenue, Suite 2130, Orlando,
• TIME OF THE FIRST tlort 15-Z1B(d). hearing as noticed above, or units have been removed FL 32810• telephone number
• PUBLICATION OF THIS Location: Ulstricf 4; on as soon thereafter as pvssi- from the property. 407-g~f82 iwo (q working
' NOTICE OR 3D DAYS AF- property located atljacenT to ble In the County Services dayys~oF yyour receipt of this
TER THE DXTE OF SERV- Lake Hart, located at 12727 Bu~lding, 1101 East First #1205- Keith Partin -House notJce; If you are hearing -
i ICE OF A COPY OF THIS Braleman Road• Parcel ID Street, Sanford, Florida, Hold • ~ Impaired, tall the Florida
; NOTICE ON THEM. 21-24-31-0000-00-Q15; Section Room 102(1 (Board Cham- #2147 - Gilberto Rodriguez - Relayy Services at 1-000-955-
, All other creditors of the 21, Township 24 South, hers). The purpose of this House Hold 5771 (TTY); If you are voice
decedent and other persons Range 31 Easf • Orange hearing is to consider the #2331 - Aleb M. Laureano - impaired, call the Florida
. having claims or demands County Florldo (~egvi prop- request listed below: House Hold Rela Services at 1-BOf1-955-
against decedent's estate erty description on file) #2517 - Shaklra Mercado • }'
I must file Their claims with Voluatarp Rlllbsard ApraemenC Business Equip 8770.
.this court WITHIN 3 -and- ~ Beech OuWsar AOnnis,a appll• #5232 -Francisco Alar COR973186 4123, N30I09
MONTHS AFTER THE oast; Voluntary Bll~board House hold
DATE OF THE FIRST A~pliceaC Tom Tanenbaum Agreement between and _
PUBLICATION OF THIS onsideratfon: Request for among Seminole County The above information Is to INCREASE YOUR
( NOTICE. an After-the-Fact Shoreline and Beech Outdoor Adver--• be published .once a week CHANCES OF
- ALL CLAIMS NOT FILED AiferatioNDredgga and FIII tlsing, located west of I-4, for two consecutive weeks. $CORING BIG!
t WITHIN THE TIME PERT- Permit Applicotlort to allow approxlmatg 1Y 1.5 miles Said sale To be untler and
• ODS SET FORTH IN SEC- an existlog seawall Ta re- north of the Intersection of by virtue of the statutes of eUy your OW(1
TION 733.701 OF THE main on the property, pur- E-E. Williamson Rood and the state of Florida in such sporting egUipRlent
• FLORIDA PROBATE suanf To Orange County Interstate 4. (22009-02) cases made and provided. in The Sporting Goods
CODE WILL BE FOREV- Code Article V .Pumping Dis rlci 5 • Carey published:
ER BARRED. vnd bredging Control; .Sec- Austin Watkins, Section Of the Sentinel
9 NOTWITHSTANDING THE Pion IS-218(4). Senior Pivnner OSC976275 4li0, SI07N9 Classifieds.
'r
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone (407) 327-1800
Community Development
May O5, 2009
RE: Public Hearing: Variance Requests
Deaz Property Owner:
e~
~1~
The City of Winter Springs invites you to attend a public hearing to discuss variance
requests by Dr. John Altomaze. The variance requests address Section 9-10 (lot size)
and Section 9-152 (maximum cul-de-sac length).You aze receiving this notice of public
hearing because you own property within 150 feet of the subject property.
The Boazd of Adjustment will consider this request at 7:00 PM on Thursday, May 21,
2009, at the Winter Springs City Hall. The City Commission public hearing on this item
will begin at 5:15 p.m. on Monday, June 8, 2009, at the Winter Springs City Hall, located
at 1126 E. State Road 434.
If you should require additional information prior to the meetings, do not hesitate to
contact me at 407-327-5966.
Sincerely,
~~ ~~---
John Baker, AICP
Senior Planner
ATTACHMENT E
WILLIAM AND BARBARA BISCHOF
598 Dunmar Circle
Winter Springs, FL 32708
May 21, 2009
City of Winter Springs
1126 East State Road 434
Winter Springs, FL 32708-2799
To: Board of Adjustment
Subject: Variance Requests by Dr. John Altomare.
It is our understanding, per your letter of May 5, 2009, that you will be considering a
zoning variance on the land that adjoins some of the properties in Dunmar Estates,
which includes our own property.
We have lived in Winter Springs for nearly seventeen years. We chose to live in
Dunmar Estates because we wanted to "live in the country," which is what Winter
Springs was when we arrived. We realize that the world changes and progress will
always cause change, but we are hopeful that you will help us retain this beautiful
environment and vote against this variance.
A lot of money and time has been spent on development of city plans and zoning. What
was the point of establishing a comprehensive zoning plan if anyone can get a variance
from it? In Dunmar Estates we have 5 acre lots and we obviously could all profit from
asking for variances and subdividing our lots, but we feel it is important to preserve
some ambiance of country instead. We live in a beautiful area. which is home to an
abundance of wildlife.
Approving this variance will do a huge disservice to those of us whose taxes have paid
for this zoning plan. Please do not allow this variance.
Thank you.
/.~~
William and Barbara Bischof
Cc: Mayor Bush
David McLeod, President, Dunmar Homeowners Association
Winter Springs City Commission
May 21, 2009
572 Dunmar Circle
Winter Springs, FI, 32708
City of Winter Springs
Planning Department
Dear Sirs and Ms.,
I am in Houston Texas at this time and I am unable to attend this hearing. I have asked my neighbor, Mr.
William Bischof to read my concerns into the record.
I live at 572 Dunmar Circle and I am deeply concerned about the variance request from Dr. Altomare for
3 reasons.
Firstly, I understand that any new development in our adjacent area requires the minimum lot size to be
equal to the average lot size of the neighborhood. I am steadfastly against any lot size that is less than
this average requirement. Anything less than the requirement should be rejected by the City. We
bought and live in this area because of the 5 acre ranch type environment. The increase in density and
noise and proximity to traffic is not what I want and it will affect our property values.
Secondly, I am very concerned about the increase in runoff water during the heavy rainy seasons. No
doubt , Mr. Altomare will pave the streets and drive ways and add a number of structures in his
development. This will dramatically increase the runoff from that area. During the "BIG" storms, that
runoff will naturally find its way onto and through Dunmar Estates - where I live. I have a drainage ditch
which currently borders my property and it already carries excess runoff from this adjacent land and
from the land across Fisher Road. At times, this runoff already completely fills this drainage ditch and
threatens my home.
I am very know that the density of the development will increase the danger of flooding of my property
- no matter how they "say" they plan to handle the runoff. We all know there will be a push to save
money by cutting corners and squeezing the numbers -taking risks in "hope" that the big storm will
never happen. Well, "hope" is not a strategy and you City Planners had better be very concerned about
this runoff situation for the sake of us who live "down stream" from this development. The higher the
density -the greater the runoff.
Thirdly, my property contains a retention pond which borders the drainage ditch and Mr. Altomare's
property. I already have "Kids" dragging canoes across this ditch, drinking beer and coming all the way
to my house and damaging swimming pool furniture, etc. This development will make it even easier for
this type of vandalism to occur.
With great respect to Dr. Altomare and the City of Winter Springs Planning Department, I strongly
request that this zoning variance request be flatly denied.
Yours truly,
Howard Nellor
ATTACHMENT F
PUBLIC HEARINGS AGENDA
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
BOARD OF ADJUSTMENT
REGULAR MEETING -MAY 21, 2009
(RESCHEDULED FROM MAY 7, 2009)
PAGE 3 OF 10
PUBLIC HEARINGS
500. Community Development Department
Requests The Board Of Adjustment Hold A Public Hearing To Review And Provide
A Recommendation To The City Commission For The Altomare Estates Variance
Request From (1) Section 9-10. (Average Lot Size Within 1,000 Feet) And (2)
Section 9-152. (Maximum Cul-De-Sac Length) Of The City Code, Pursuant To
Section 9-5. Of The City Code. The Request Is In Conjunction With Subdivision
Plans For The 17.28 Acre Site Located Between Seville Chase And Dunmar.
Mr. John Baker, AICP, Senior Planner, Community Development Department presented
this Agenda Item and distributed Location and Plat Maps of Oak Forest and Tuscawilla
Unit 5 to the Board Members.
Mr. Baker stated, "Notice has been Posted for the site in three (3) locations. Letters went
out to all the abutting Property Owners within a hundred and fifty feet (150') of the Site.
A large sign was put up and a Notice was published in the Orlando Sentinel page D-11 on
Apri130th [2009]."
Continuing, Mr. Baker then added, "The proposed lot configuration may need to be
modified to accommodate a reasonable transition."
Lastly, Mr. Baker stated, "We do recommend approval."
Discussion.
Mr. Sam Sebaali, P.E., President, Florida Engineering Group, 718 Garden Plaza,
Orlando, Florida: spoke on behalf of Dr. Altomare and addressed the Board Members
on this Agenda Item.
Mr. Sebaali stated, "We are putting in seven (7) lots - on eighteen (18) acres."
Chairman Waters opened the "Public Input" portion of this Agenda Item.
Mr. William Bischof, 598 Dunmar Circle, Winter Springs, Florida: addressed the Board
Members on behalf of Mr. Howard Nellor, who lives at 572 Dunmar Circle in Winter
Springs, Florida. Mr. Bischof read a letter into the Record from Mr. Nellor, dated May
21, 2009 which noted that both Mr. Bischof and Mr. Howard Nellor Oppose this
Variance Request.
Mr. Stuart Auerbach, 590 Dunmar Circle, Winter Springs, Florida: spoke about the lots
being subdivided and Opposed this Variance.
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
BOARD OF ADJUSTMENT
REGULAR MEETING -MAY 21, 2009
(RESCHEDULED FROM MAY 7, 2009)
PAGE 4 OF 10
Mr. George Acha, 587 Dunmar Circle, Winter Springs, Florida: spoke of being
impacted by water run off and noted he was Opposed to the Variance Request.
Mr. Sebaali stated, "As it relates to the run off and to address the concerns which were
raised, we have a drainage system and -Swale, which will collect run off from the
subdivision and it will take it into our internal drainage system. The drainage system on
site is designed to meet all requirements -water management district requirements. If
anything, it will improve the existing conditions.
Because, right now, the run off from the Site goes off site and we are going to capture all
of that - we are going to treat it -the water flow before it discharges off site, and we have
to meet all regulatory requirements when you do that." Mr. Sebaali indicated that, "We
did do our due diligence and we looked at the requirements which existed at the time he
purchased the property. Typically, that is what you do. You do not anticipate future
changes in Code. So, we have done that and the thing is, the Code has changed after he
purchased the property."
Dr. John Altomare, D.M.D., 106 Via Capretti Road, Winter Springs, Florida: as the
Applicant for this Agenda Item, Dr. Altomare addressed the Board Members and spoke
of the lot sizes.
Mr. Jim Amrhein, 557 Dunmar Circle, Winter Springs, Florida: mentioned his concern
about the emergency roadway access and noted he was Opposed to the Variance.
Chairman Waters closed the "Public Input" portion of this Agenda Item.
Regarding public use of the emergency access road, Mr. Sebaali stated, "Whatever we
need to do, we will work with your Staff to ensure to discourage that access."
Discussion.
Tape 1/Side B
With further comments, Mr. Sebaali stated, "Within our site, we have a wetland system,
which we are staying out of. There are hundred year flood areas which we are staying
out of in the event we are encroaching into them, we have to provide flood plain
compensation. Within the northeast area, we are providing a drainage system, which
stays away from the wetlands, which is upland of the wetland areas and that drainage
system collects the water and keeps it on site. So, right now, that portion of the land
drains to the north. We are capturing that run-off and bringing it into the drainage
system."
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
BOARD OF ADJUSTMENT
REGULAR MEETING -MAY 21, 2009
(RESCHEDULED FROM MAY 7, 2009)
PAGE 5 OF 10
Continuing, Mr. Sebaali then added, "We are capturing it and treating it and slowing
down the run off." Mr Sebaali said, "There will be an enhanced drainage system as the
result of the development. In terms of the roadway flooding, when we are designing the
roadway and those facilities, we will make sure that they meet the level of service which
is intended for public roadway."
Lastly, Mr. Sebaali stated, "We have looked at all the engineering relative to the project,
and we are confident we are meeting all the requirements and would not cause any
flooding to the adjacent neighbors, downstream. We have to meet all this criteria."
Chairman Waters asked, "Will there be drainage put in any of the proposed lots to help
them drain into the retention areas?"
Mr. Sebaali stated, "There will be collection swales because part of this, the lots have to
be raised - in order to drain into the drainage system and into the roadway system. When
you raise them, the back portion of the lot slopes to the back. So, in the back side, we
have a collection system which picks up the water and brings it back into the subdivision.
And we have been careful to make sure nothing goes off site in terms of our design. And
we will ensure that this is the case. We are on Record saying that we will do that."
Chairman Waters noted, "People in Seville Chase, Oak Forest and Dunmar [Estates], you
are guaranteeing they are not going to see water going into their subdivisions?"
Mr. Sebaali replied, "We will definitely guarantee that. That is what we do as a company
and my background is drainage design."
Discussion.
Vice Chairman Jack Taylor asked, "Are you planning on putting a gate at the front of this
subdivision?" Mr. Sebaali replied, "Yes - we are." Vice Chairman Taylor then asked,
"Are you planning on putting any walls, any fences or anything around this subdivision?"
Mr. Sebaali stated, "I do not think that Dr. Altomare has any intent to do any walls or
fences. In terms of individual lot owners, that we do not know, they would have to deal
with the City and meet any requirements, but the intent at this stage is not to put any
walls or fences. It would be an open development."
Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department
spoke to the Board Members on the property lots.
Discussion ensued on lot sizes.
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
BOARD OF ADJ[JSTMENT
REGULAR MEETING -MAY 21, 2009
(RESCHEDULED FROM MAY 7, 2009)
PAGE 6 OF 10
"BASED ON STAFF'S RECOMMENDATION, I MAKE A MOTION TO
APPROVE THE SUBJECT VARIANCE REQUEST, SUBJECT TO ONE (1) A
DEVELOPER'S AGREEMENT TO ADDRESS TRANSITION BUFFERING AND
SETBACK CONCERNS ON THE DUNMAR PROPERTIES THAT ABUTT THE
APPLICANT'S APPLICATION; TWO (2), A REASONABLE TRANSITION OF
LOT SIZES KEEPING AS MUCH OF THE SIDE ABUTTING DUNMAR
[ESTATES] AS OPEN SPACE AS POSSIBLE; AND THREE (3)„ THE
PROVISIONS OF ADEQUATE EMERGENCY ACCESS TO THE PROPOSED
SUBDIVISION." MOTION BY VICE CHAIRMAN TAYLOR. SECONDED BY
BOARD MEMBER PAINE-MALCOLM. DISCUSSION.
VOTE:
BOARD MEMBER COLLINS: AYE
VICE CHAIRMAN TAYLOR: AYE
CHAIRMAN WATERS: AYE
BOARD MEMBER PAINE-MALCOLM: AYE
BOARD MEMBER GASMAN: NAY
MOTION CARRIED.
Chairman Waters stated, "This will be coming to the City Commission on June 8~'
[2009]."
Chairman Waters called a Recess at 8:29 p. m.
The Meeting reconvened at 8: 35 p. m.
PUBLIC HEARINGS
501. Community Development Department
Recommends The Board Of Adjustment Hear A Request For A Conditional Use
Within The City Of Winter Springs PUD (Planned Unit Development) Zoning
District (Residential Rural FLU [Future Land Use] Designation), To Allow An
Approximately 1,600 Square Foot Detached Accessory Structure (Private Garage)
On Approximately 1.7 Acres At 805 Dyson Drive.
Mr. Baker introduced this Agenda Item and stated, "I apologize, I have incorrect
information at the top of Page 2, I have the setbacks incorrect. It does not affect the
recommendation or the outcome, but the setbacks for Winter Springs Unit 3 are a
minimum of forty [feet] (40') maximum of one hundred [feet] (100') for the front, twenty
foot (20') on the side which is the applicable setback here and twenty foot [20'] in the
rear, and I have thirty-five [feet] (35')."
Tape 2/Side A
Mr. Baker stated, "We are recommending Approval."
John Baker
From: Joan Brown
Sent: Wednesday, May 27, 2009 4:05 PM
To: Randy Stevenson; John Baker; Eloise Sahlstrom
Cc: _City Clerk Department
Subject: FW: dissenting vote on agenda item 500
FYI
This email will be kept with the Minutes of the BOA Meeting of 2009 05 21.
~oam, ~. JJz,~J.ri,
Deputy City Clerk
City of Winter Springs
1126 East State Road 434
Winter Springs, Florida 32708
Telephone: 407-327-5999 or 407-327-1800 ext. 237
Facsimile: 407-327-4753
e-mail: jbrown(a~winterspringsfl.org
From: Emilylt65@aol.com [mailto:Emilylt65@aol.com]
Sent: Wednesday, May 27, 2009 3:51 PM
To: Joan Brown
Subject: dissenting vote on agenda item 500
My reason for voting against agenda item 500 was because it was not in compliance with Ordinance No. 2006-11. I gave
a lot of thought to the fact that the Ordinance was made after they originally came to the city with their plans. But when I
asked them when they came to the city with their original plans they seemed not to be clear exactly when that was. I think
,absent of any evidence to the contrary that they had over a year to begin their work before Ordinance 2006-11 came to
be. I also feel that at the time of our BOA meeting they had not addressed any of the issues of their neighbors. This may
not be a legal consideration to vote against them but it certainly must be taken into consideration. Sincerely Howard
Casman
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