HomeMy WebLinkAbout2009 06 08 Public Hearing 502 Request for Conditional Use 115 West Tradewinds RoadCITY COMMISSION
AGENDA
ITEM 502
Consent
Informational
Public Hearing X
Regular
June 8, 2009 .MGR. ~ ~~ /DEPT.
Meeting
REQUEST: The Community Development Department recommends the City
Commission hear a request for a Conditional Use within the City of Winter Springs RC-I
zoning District (Residential Rural FLU designation), to allow expansion (doubling the
area) of an existing approximately 530 square foot detached accessory structure (private
garage) on approximately 1.14 acres at 115 West Tradewinds Road.
PURPOSE: The purpose of this agenda item is to consider the appropriateness of the
proposed detached accessory structure (expansion of the existing structure to an
approximately 1,060 SF private garage), pursuant to the criteria set forth in Section 6-84
of the City Code of Ordinances. Section 6-84 allows a maximum of 2 detached
accessory structures and a maximum size of 240 SF each. Detached garages may
exceed 240 square feet, but may not exceed one third the area of the air conditioned space
of the principal structure. However, for those properties within the Residential Rural
Future Land Use (FLU) designation, a conditional use may authorize variation of the
number, height, and size requirements, subject to the specific criteria in Subsection
6-84 (3).
FUTURE LAND USE & ZONING DESIGNATION:
FLU Rural Residential
Zoning RC-I
APPLICABLE LAW AND PUBLIC POLICY:
Cht. 6, Sec. 6-84. Accessory buildings.
Cht. 9, Sec. 9-607. Residential compatibility and harmony regulations.
Cht. 20, Sec. 20-1. Definitions.
Cht. 20, Sec. 20-33. Conditional Uses.
Cht. 20, Div. 3: RC-I Single-Family Dwelling District. (Sec. 20-141 thru 20-147).
June 8, 2009
Public Hearing 502
Page 2 of 5
CONSIDERATIONS: The applicant, Todd Fante, has an existing home (3,298 SF
of total area/2,121 SF living area built in 1985) and an existing 530 SF (26' 2" x 20' 3")
detached accessory structure on approximately 1.14 acres at 115 West Tradewinds Road.
The applicant proposes to extend the existing structure toward the front of the lot,
doubling its area, but maintaining the same design and the same appearance from the
road. The site is located within the "Ranchlands" portion of the City (Oak Hill Estates,
Lot 3), an area with relatively large lots. It has a Rural Residential Future Land Use
designation and is located within the RC-I zoning district. The applicable building
setbacks are as follows: front - 50', side - 20', and rear 35'. The maximum building
height allowed is 35' and the maximum lot coverage is 20 percent. The site is more than
340 feet deep, more than 138 feet wide, and backs up to a tall masonry wall that
demarcates the Winter Springs/Casselberry municipal boundary. The Legacy Park
subdivision, in the City of Casselberry, is located on the other side of the masonry wall.
The proposed detached private garage is approximately 1,060 SF (40' 6" x 26' 2") and
will be located at least 15 feet from the side property boundary and at least 14 feet from
the rear property boundary, consistent with the existing structure. The private garage is
proposed to be consistent with the existing portion and no taller than the primary
structure.
The applicant must provide evidence that the proposed structure meets the criteria set
forth in Subsection 6-84 (3) of the City Code as well as the conditional use criteria in
Section 20-33. The attached application package includes the applicant's responses to
the Section 20-33 criteria, letters of support from neighbors, renderings of the proposed
structure, a copy of the Oak Hill Estates final subdivision plat and the plot plan of the
subject lot (with the existing structures).
FINDINGS:
1. The request is consistent with all applicable goals, objectives and policies of the City's
adopted Comprehensive Plan.
2. The site has a Residential Rural FLU designation and is located within the RC-I
zoning district.
3. The applicant has submitted a plot plan and states that the proposed addition will be
architecturally similar to the existing portion of the building.
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June 8, 2009
Public Hearing 502
Page 3 of 5
4. The request is in conformance with the purpose and intent of Subsection 6-84 (f) (3)of
the City Code, and with applicable requirements, below, except as noted -the building
setbacks:
a. The proposed accessory building is compatible and harmonious with the
principal structure and the surrounding land uses and structures. The finish,
height, and roof of the structure are planned for consistency with the
existing structure. The applicant must further demonstrate this as part
of the Section 9-607 aesthetic review, before a building permit may be
issued
b. The proposed accessory building will not adversely impact land use activities
in the immediate vicinity. Staff believes that the proposed private garage
will not adversely affect surrounding land use activities.
c. The height of the proposed accessory building does not exceed the height of
the principal structure. The applicant states that the proposed structure
will have an overall height less than or equal to the height of the house.
d. The accessory building shall meet the requirements of the applicable zoning
district including setback and maximum lot coverage. The application meets
these requirements -with the exception of the building setbacks. A
separate setback waiver is requested to allow the building to be extended
forward in the most logical manner.
The applicant must demonstrate these outstanding Section 6-84 requirements for
staff to recommend approval.
5. Pursuant to Section 20-33 of the City Code, "all conditional use recommendations and
final decisions shall be based on the following criteria to the extent applicable:
a)Whether the applicant has demonstrated the conditional use, including
its proposed scale and intensity, traffic-generated characteristics, and
off-site impacts, is compatible and harmonious with adjacent land uses,
and will not adversely impact land use activities in the immediate
vicinity."
Staff believes the private garage at this location will not have a negative
impact and will be compatible and harmonious, pursuant to Subsection 6-84
(f)(3), above. Staff supports the building setback waiver in this situation.
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June 8, 2009
Public Hearing 502
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b)"Whether the applicant has demonstrated the size and shape of the
site, the proposed access and internal circulation, and the design
enhancements to be adequate to accommodate the proposed scale and
intensity of the conditional use requested. The site shall be of sufficient
size to accommodate design amenities such as screening, buffers,
landscaping, open space, off-street parking, and similar site plan
improvements needed to mitigate against potential adverse impacts of
the proposed use."
Staff believes that the size and shape of the site can accommodate a
combination of the existing home and the detached accessory structure.
c)"Whether the proposed use will have an adverse impact on the local
economy, including governmental fiscal impact, employment, and
property values."
Staff believes that this proposed use will have a positive impact on the local
economy, employment, and property values.
d)"Whether the proposed use will have an adverse impact on the natural
environment, including air, water, and noise pollution, vegetation and
wildlife, open space, noxious and desirable vegetation, and flood hazards."
Staff believes that the proposed use will not have an adverse impact on the
natural environment.
e)"Whether the proposed use will have an adverse impact on historic,
scenic, and cultural resources, including views and vistas, and loss or
degradation of cultural and historic resources."
Staff does not believe that the proposed use will have or create any of these
adverse impacts.
f)"Whether the proposed use will have an adverse impact on public services,
including water, sewer, surface water management, police, fire, parks and
recreation, streets, public transportation, marina and waterways, and bicycle
and pedestrian facilities."
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June 8, 2009
Public Hearing 502
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Staff does not believe that the proposed use will have or create any of these
adverse impacts.
g)"Whether the proposed use will have an adverse impact on housing and
social conditions, including variety of housing unit types and prices, and
neighborhood quality."
Staff does not believe that the proposed use will have or create any of these
adverse impacts.
6. The applicant has provided documentation from the neighbors that they do not object
to the proposed garage addition.
BOA ACTION: At a special meeting on May 21, 2009, the BOA voted
unanimously to recommend the conditional use request be approved, subject to approval
of the associated building setback waiver.
RECOMMENDATION: The BOA and staff recommend that the City Commission
approve the conditional use request for the detached private garage addition at 115 West
Tradewinds Road, subject to also receiving the building setback waiver.
ATTACHMENTS:
A. Location Map & Plat
B. Section 6-84
C. Application package
D. Draft BOA Minutes
COMMISSION ACTION:
S:\dept -Community Development\Planning\2009\Commission\2009 06 08 COMM PH 502 Fante Garage
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OAK Hl L L ESTATES
SECTION lO, TOWNSHIP 2/ SOUTH, RANGE 30 EAST
CITY OF WINTER SPRINGS, SEM/HOLE COUNTY, FLORIDA
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• PERHINENT REFERENCE
MONUMENT / F R M,J
BEAR/N65 B/$EO ON PLIT OF
NONTN ORL ANOO gANCNES SEC.1
Pp r2 PBr. 3 BR6. 3 LINE GOT9
B<M O, BE/N6 5. B9'02'i6'sY
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PLAT BOOK 3/ PAGE /9
DEDICATION
KNOW ALC NEN RY THESE P6ESEl1T5, that CARLOS
REYI ERA, bei nj the owner o! the lands described
hereon, does hereby dedico}a said lands and Plat
for the uses and Purposes thereon eepressed and
to be known or OAK HILL ESTATES and inW~1iNE55
Tf£ EO nf(is his hand and seal ihrssaZ~iday
of 1984.
T'f iNE55 B CARLOS REVIERA
ACKNOWLEDGEMEN
STATE OF FLORIDA l
COUNTY OF SEMIHOLE
7N15 15 i0 CER7I FY, Ihof be tare e, on
duty auf hori zed fa Coke ocknowledgemert/
REVIERA. whose signature appears above
cute the lp regoinB dedreot ion as a Tree
deed. IN WI iNE55 THEREOF, I hove beret
hand and .teal this~paY oI cfl7.,. ~.
1984.. ~ _ "t~~
Hy Commi ssr on Expires: ~i'd-•~+. .~ ~, ~~
_ CERT/F/CATIONS
NORTfi rY+EE hereby consents to the Plolfiny of the
lands hereon d<scr Poed and agrees in eel of
Inreclosure the dedication above shallvremain
fully a//eclive.
I~!IESS~ -_ 7_ MARGARET MOWER
This is to cerlily that o S rv, al the
lands described hereon w mod• my direc-
tion and the Plnf a shorn is correct
representation of the one on ilh the
requirements of CHAPTER 177, ~s.
STATF. OF FLORIDA
Registered land 653
This 3~r~doy of -TO ~~
GIN OF KINTER SPRINGS, FLORIDA
l-i
App rored =) ~, / ~ y.-Y-~.4~ Roror
At lest ~~, 7Zr~e.~~ Clerk
This /7.U day of ~~ s~~~q
4' ,(
'.a~~~y .
t~•
CLERK OF THE CIRCUIT COURT
Correct as la Statutory compliance and
li led for record So lard, Flon do, afM{g[N
rlhrs /7 daY nfr(lLV7r1-rc~ 1984.
HR of the LIRLU I7, SENINOLE COURT
V KELLY SMITH
REfiISTEREO LANG SURVEYOR NO 165.1
1807 French Ave Son lord, Fla
305/322-2213
ARTICLE III. BUILDING CONSTRUCTION STANDARDS* Page 2 of 5
ATTACHMENT B
engineer or architect currently registered to do business in the state. Such certification
shall be to the effect that a structural analysis has been made of the building and such
building can safely support the specific antenna with a minimum wind loading of one
hundred (100) miles per hour.
(3) Television dish antennas or satellite antennas shall not be installed in front of the
front line of any residential, commercial, or industrial building.
(4) Television dish antennas or satellite antennas may only be installed in side yards or
back yards of any building.
(5) No portion of any antenna or support structure shall be closer than five (5) feet from
any property line.
(6) Television dish antennas or satellite antennas shall not be located on any public
way, easement, or parkway.
(7) Television dish antennas or satellite antennas shall not be installed in any
designated parking area of any building.
(8) Mobile mounted television dish antenna or satellite antenna structure shall comply
with all requirements (1) through (7) above.
(b) Apartment and condominium buildings. Apartment or condominium buildings above three
(3) stories in height shall be treated as commercial structures for the purpose of these
regulations for television dish antenna or satellite antennas.
(c) Height restriction. The installation of any television dish antenna or satellite antenna shall
not exceed the height restriction set forth in the zoning ordinance for that location.
(Code 1974, § 5-9)
Sec. 6-84. Accessory buildings.
(a) General. Accessory building means a detached, subordinate structure, the use of which is
clearly incidental to, customarily associated with, and related to the principal structure or use of
the land, and which is located on the same lot as the principal structure or use. Accessory
buildings shall include storage buildings, toolhouses, private, detached garages, bathhouses
(used in conjunction with swimming pool) and similar uses. No more than two (2) accessory
buildings shall be allowed on any single lot. Accessory buildings shall not be used as living
quarters, except that private, detached, private garages may be used as living quarters or office
space where permitted in the Town Center and R-3 zoning districts and subject to all applicable
permitting requirements for such use.
(b) Height and size restrictions. The maximum height of an accessory building shall be twelve
(12) feet measured from ground level. The maximum size of any structure shall be two hundred
forty (240) square feet. Notwithstanding the restrictions set forth in this subsection, detached,
private garages may exceed twelve (12) feet in height without city commission approval
provided the city manager or designee thereof determines that each criteria in subsection (f)(3)
herein is satisfied. Further, detached, private garages may exceed two hundred forty (240)
square feet, but in no case shall exceed one-third (1/3) of the air-conditioned square footage
area of the principle structure.
(c) Location. All accessory buildings shall be located to the rear of the existing buildings line.
(d) Permits. A building permit shall be required before construction or placement can take
place. No accessory building shall be permitted prior to construction of the principal building.
(e) Setback requirements. When an accessory building is attached to a principal structure by a
breezeway, passage or otherwise, it shall become a part of the principal structure and shall be
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ARTICLE III. BUILDING CONSTRUCTION STANDARDS* Page 3 of 5
subject to the required setbacks of the principal structure.
(1) Corner setback--On all corner lots the minimum open sideyard setback shall be that
of the principal building.
(2) Rear yard setback--Shall be a minimum of six (6) feet.
(3) Side yard setback--Shall be that of the lot on which the building is to be located
(4) Easements--If an easement on the lot where the building is to be located is greater
than that addressed above, then the easement size shall prevail. No building shall be
constructed or placed on an easement.
(5) Detached, private garages which exceed twelve (12) feet in height or two hundred
forty (240) square feet in area must meet the setbacks of the applicable zoning district
for the principle structure.
(f) Upon application filed with the city, the city commission may vary the number, height, and
size requirements set forth in this section or approve an accessory building on an adjacent lot
by conditional use permit under the following conditions:
(1) The subject property has a residential rural future land use map designation under
the city's comprehensive plan.
(2) The applicant submits for review and consideration a detailed architectural
rendering of the proposed accessory building and a plot plan drawn to scale.
(3) The city commission finds that:
a. The proposed accessory building is compatible and harmonious with the
principal structure and the surrounding land uses and structures;
b. The proposed accessory building will not adversely impact land use activities
in the immediate vicinity;
c. The height of the proposed accessory building does not exceed the height of
the principal structure; and
d. The accessory building shall meet the requirements of the applicable zoning
district including setback and maximum lot coverage.
(4) An accessory building may be constructed on a lot adjacent to the lot on which the
principal building is located under the following conditions:
a. The conditions set forth in subsections (1), (2), and (3) are satisfied.
b. A legal instrument reasonably acceptable to the city is recorded in the public
records of Seminole County that provides that the principal building lot and the
adjacent lot are unified under common ownership and that in the event said
ownership is ever separated, the accessory building shall be removed or a
principal building shall be constructed on the adjacent lot within one (1) year from
the date the lots are separated.
(Code 1974, § 5-10; Ord. No. 460, § 1, 6-26-89; Ord. No. 2003-02, § 2, 4-28-03; Ord. No. 2008-05, § 2,
6-9-08)
Sec. 6-85. Screen enclosures.
(a) Defrnition. For purposes of this section, the term "screen enclosure" shall mean an
enclosure consisting entirely of screen mesh, except for minimum essential structural framework
required for its support.
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ZONING
DIVISION 3. R-CI SINGLE-FAMII.Y
DWELLING DISTRICT
Sec. 20-141. Designation.
This classification is intended to apply to azeas
designated R-CI within the city and shall be
governed by the regulations and requirements set
forth in this division.
(Ord. No. 44, §44.27.9, 1-8-68; Ord. No. 107, § 2,
7-29-74)
Sec. 20-142. Uses permitted.
Within any R-CI Single-Family Dwelling Dis-
tricts, no building, structure, Iand or water shall
be used except for the following use:
(1) Single-family dwellings and their custom-
ary accessory uses.
(2) Horses and ponies, allowing three-fourths
of an acre per animal not to exceed ten
(10) animals per lot; provided however,
horses and ponies can be permitted on
less than three-fourths of an acre upon
recommendation by the board of adjust-
ment.
(Ord. No. 44, §44.27.10, 1-8-68; Ord. No. 107, § 3,
7-29-74)
Sec. 20-143. Conditional uses.
There shall be no conditional uses within the
R-CI Single-Family Dwelling Districts, except the
following:
(1) Churches;
(2) Schools;
(3) Public recreational areas and facilities.
(Ord. No. 44, §44.27.11, 1-8-68; Ord. No. 107, § 4,
7-29-74; Ord. No. 240, § 4, 5-26-81; Ord. No.
2004-49, § 2, 12-13-04)
Sec. 20-I44. Building height regulations.
In R-CI Single-Family Dwelling Districts, no
building or structure shall exceed thirty-five (35)
feet in height.
(Ord. No. 44, §44.27.12,1-8-68; Ord. No. 107, § 5,
7-29-74)
§ 20-160
Sec. 20-145. Building area regulations.
Each single-family dwelling shall be located on
a lot or parcel of land not less than one (1) acre in
size and such lot or pazcel of land shall have a
minimum width of one hundred twenty (120) feet
at the building line.
(Ord. No. 44, § 44.27.13,1-8-68; Ord. No. 107, § 6,
7-29-74)
Sec. 20-146. Front, rear and side yard regu-
lations.
The following yard regulations shall apply in
the R-CI Single-Family Dwelling Districts:
(1) Front yard. The front yard shall not be
less than fifty (50) feet in depth.
(2) Rear yard. The rear yazd shall not be less
than thirty-five (35) feet in depth.
(3) Side yard. The side yards shall not be less
than twenty (20) feet on each side of the
dwelling structure.
(4) Corner Zots. On corner lots, the front yard
setback of fifty (50) feet must be main-
tained on each side of the lot.
(5) Minimum floor area shall be one thou-
sand six hundred (1,600) square feet (in-
cluding utility room but excluding car-
ports, gazages, breezeways, screened or
open porches).
(Ord. No. 44, §44.27.14,1-8-68; Ord. No. 107, § 7,
7-29-74)
Sec. 20-147. Lot coverage.
Twenty (20) percent of the lot area is the
maximum which maybe covered by the principal
and accessory buildings or structures located within
R-CI.
(Ord. No. 44, § 44.27.15,1-8-68; Ord. No. 107, § 8,
7-29-?4)
Sec. 20-148. Off-street parking regulations.
All parking within R-CI Single-Family Dwell-
ing Districts shall be off-street parking.
(Ord. No. 44, §44.27.16,1-8-68; Ord. No. 107, § 9,
7-29-74)
Secs. 20.149-20.160. Reserved.
Supp. No. 6 1327
ATTACHMENT C
CITY OF WINTER SPRINGS
COMMUNITY DEVELOPMENT DEPARTMENT
1126 STATE ROAD 434
WINTER SPRINGS, FL 32708 Fl'ECEIVEC!
407-327-5966 ~ ~~ Z~
FAX:407-327-6695
G9TY 0.= K'7~EF3 SFF~i3y~
PAD' fty9l~f
BOARD OF ADJUSTMENT APPLICATION
~ ~ CONDITIONAL USE /SPECIAL EXCEPTION
VARIANCE
^ WAIVER
APPLICANT:
CuP ~oc~1 ~~.
Last First Middle
MAILING ADDRESS: ~~ 5r `~• ~~-Q'rQ~ w •~~
Ci State ,~ ,Zip Code
PHONE & EMAIL 3~-1 33~ ~i 1 ~ ~' ~~7 7 ? lJ;nf~%~L~L ~ ~ ~- ~ `~+'"~
If Applicant does NOT own the property:
PROPERTY OWNER:
MAILING ADDRESS:
PHONE & EMAIL
This request is for the real property described below:
PROPERTY ADDRESS: ~ ~ ~ Vt'~! l '6.-d~~l~ W ~~~~ ~~
TAX PARCEL NUMBER: ~, CJ - Z~ ' ~ C~' y ~ P ~ - Gtr (~~ _ G C.~_~
SIZE OF PARCEL: E ~~
Square Feet Acres
EXISTING LAND USE: ~~~ Z i~ ~~ ~ ~L-
Current FUTURE LAND USE Classification; ~ ~`^~_
Current ZONING Classification:-~'~ ~~ `
Please state YOUR REQUEST: \ C~ ~ ~y G' ~ ~ ~ ~~ - ~ l ~ ; Z~ ,~ ~ ~cST ~~ ~ : t- ~ ; `~ '~ ~
Maw zoos
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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 heazd, present evidence, cross-
examine witnesses, and be represented by a duly authorized representative.
The CITY COMMISSION shall render all final decisions regazding variances, conditional uses and waivers
and may impose reasonable conditions on any approved vaziance, 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 heazings, 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:
^ A copy of the most recent SURVEY of the subject property.
^ A copy of the LEGAL DESCRIPTION reflecting the property boundaries.
^ 11 x 17 MAP showing ADJACENT STREETS and ZONING AND LAND USE classifications
on the ADJACENT PROPERTY.
G~JUSTIFICATION for the Request (See Attached List)
Crl' NAMES and ADDRESSES of each property owner within 150 ft. of each property line.
^ Notarized AUTHORIZATION of the Owner,
IF the Applicant is other than the Owner or Attorney for the Owner (see below).
^ 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 deve~ent.
CONDITIONAL USE /SPECIAL EXCEPTION
WAIVER $ 500
VARIANCE $ 500
TOTAL DUE $ SCi<%
r~r, 2oos
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 !S OWNER OF 7HE SUBJECT REAL PROPERTY:
This is to certify that I am the Owner in fee
Board of Adju nt consideration:
Siena of Owner
of subject lands described within this Application for
Swom to and subscribed before me this
day of 0 ' ~ 20Q~.
Personally Known
Produced Identification:
(Type)
Did take an Oath
Did Not take and Oath
..~G~-1~.f'k.~ /~ ~-C.Q.-~
Notary Public
My Commission expires:
•.•5,~.. TAMMY J. Bl1CHAN
~:__ MY COMMISSION N DD 585327
~~~~ EXPIRES: July 28, 2010
'~ pF ~~d:+ Borded Tluu Notary PuECic Undervnhars
FOR USE WHEN APPLICANT IS NOT OWNER OF THE SUBJECT REAL PROPERTY:
I,
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
Personally Known
Produced ID: (Type) _
Did take an Oath
Did Not take and Oath
Notary Public
My Commission expires:
******s**~*>«****~**~*****~******~**********~***************+*~**~**+***~*+******>k*****
March 2005
CONDITIONAL USE PERMIT REQUEST
Taken from Winter Springs Code of Ordinances, Section 20-33(d):
All Conditional Use recommendations and final decisions shall be based on the
following criteria to the extent applicable. Attach additional paper as necessary:
^ What is the Conditional Use you are requesting? ~ ~ ~ ~~'~? - ~~-
^ How is the Conditional Use (including its proposed scale and intensity, traffic-
generating characteristics, and offsite impacts) compatible and harmonious with
adjacent land uses? -~'~ iS : ~ ~ ~ ~~ ~ w:l-(.. 13~ z' ~~ e~ t.~f ~"
~a ly 4,~ ~ i S i~ ~ ~~ar0= -~ ~ ~C- o
^ Will the Conditional Use adversely impact land use activities in the immediate
vicinity? If no, why not? _ ~ ~s ~ ~= z~«c ~A~i~ ~{p„~7 / ~,~L~~ Sao Sc~ ~ fi;
^ Demonstrate how the size and shape of the site, the proposed access and
internal circulation, and the design enhancements are adequate to accommodate
the proposed scale and intensity of the conditional use requested. The site shall
be of sufficient size to accommodate design amenities such as screening buffers,
landscaping, open space, off-street parking, and other similar site plan
improvements needed to mitigate against potential adverse impacts of the
proposed use. iT ~ ~ ~~Yl.~ ~a~-~~~1 ~' M~.~e ~'~c- v2l~f,~~r[. ~e-~~~
~~ F~
r,~ zoos
^ Will the proposed use have an adverse impact on the local economy,
including governmental fiscal impact, employment, and property values? If no,
why not? ~o, f T~5 A P~~~~~ ~~~--
^ Will the proposed use have an adverse impact on natural environment,
including air, water, and noise pollution, vegetation and wildlife, open space,
noxious and desirable vegetation, and flood hazards? If no, why not? ~~~~
~WF-~ '~hlt~~~ a t /~- t'~ A~-uiA+C~ tS ~~~ (rte a
^ WII the proposed use have an adverse impact on historic, scenic and cultural
resources, including views and vistas, and loss or degradation, of cultural and
historic resources? If no, why not? ts~, ALL ~~~~z ~~ ~-~- ~~-~-° ~+~'~
1 r~ ~l-~ ,s ~ ~f 0 ~ .
^ Will the proposed use have an adverse impact on public services, including
water, sewer, surface water management, police, fire, parks and recreation,
streets, public transportation, marina and waterways, and bicycle and pedestrian
facilities? If no, why not? N'-~~ i ~' t=~ <~ ~ ~~a'~'-'>''~0~~d
^ Will the proposed use have an adverse impact on housing and social
conditions, including a variety of housing unit types and prices, and
neighborhood quality? If no, why not? _ ~ ~5 P ti ~~~ ~«-~ Ta r~ C' a f~--~
Mazch 2005
t4
. ~.
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TO Waymont Court • Lake Mary, FL 32746 • Voice 407.688.7631 • Fax 407.688.7691
Lot 3, OAK HILL ESTATES, according to the ptat tnereo~ as
recorded in Plat Book 31, Page(sJ 19, of the Public Records of
Seminole County, FL.
Community number: 110195 Panel: 0170
Sujf-x: F F.I.R:M. Date: 4/17/1995 Flood Zone: X
Date ojfield work: 1/!3/1008 Completion Dale: 1/14/1008
~. TR4D ta~,.,,,m)
,~ ' ~ , EW/NOSROgp Certifred to:
50')q/yy Todd Fante; Jennifer Fante; Equitable Title ojSeminole County, LLC;
cR.r/2• _ -~ - -~ _ ~ _ ~ Lawyers Title Insurance Corporation; The Money Source, Inc., its'
rLR.I/2- b successors and/or assigns. ~E C E I V E D
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CITY OF NAT R.SPRINGS
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Property Address:
w 138.51
M.
589 06
JO 115 West Tradewinds Road
C ~ S S ~ L 8 ~ ~ ~ ~~ Winter Springs, FL 31708
°'PRr nle ~ ceA~`R~ Survey number: SL 95357
P.B. I P4 3
SEND GENERAL NOTES
- Wood Fence M
W Water Mehr N.T.S. Not to Scale i. legal descdption provided 67 others. 12. FLOOD ZONE DETERMINAT10N5 ARE
- Wire Fence .
.
TEL TNephone Fxilities O.R. Offidal Records 2. The lands shown hereon were not PROVIDED AS A COURTESY ONLY, AND
Chain Unk Fence fL9 Covered Area O.R.B. Offidal Records Baok absVacfed for easements or other record- ARE DERIVED FROM THE BEST SOU1165
Fourd Nail B
R Bearing Reference P.C.P. Permanent Control Point ed encrrmbranas not shown on the plat. AVAILABLE TO THE SURVEYOR. THIS
C Concrete .
.
CH Chord P.R.M. Permanent Reference Monumerrt 3. Underground portions of footings, four- INFORMATON SHOULD NOT BE
FxW Meawred MD Radial PG. Page lotions or other improvements were not REUED UPON FOR FLOOD INSURANCE
Clear P/C Air Conditioner PVM7. Pavement located. PURPOSES, AND MAY DIFFER FAOM
t Encroachment B
M Bendr Mark E.O.P. Edge of Pavemerrt q. WaB ties are to the face of the waR. INFDRMATON PROVIDED BY OTHERS.
Centerrine .
.
C Calculated P.B Plat Book 5. Only visible enooachments located. 13. Septic tank andror drainfKld kxations are
Concrete .
ZZ72 Bksds Wall P.O.B. Poim of Beginning 6. No identification found on property approximate and MUST be verified by
Property Line Q Central AngldDelta P.O.C. Paint of Commmcemerlt corners unless noted. appropriate utility bcadon companies.
Concrete Monument D.B. Deed Book P.O.L Poin[ on Line 7, Dimensions shaven are plat and measured 14. Bearing kasiz shown per plat unless
Found InOn Rod D. Description or Deed P.C. Point of Curvature unless otherwise mted. otherwise shown.
Found Iron Pipe D.H. DrIII Hole P.RC. Point of Reverse Curvature Elevatiom if shown are based upon 15. Survey is for ren only unless
g
Right of Way D/VJ Drivewry P.T. Point of Tangency .
N.G.V.D. 1929 unless othervse noted. signed and seal a F Registered
Nall & Disk ESM7 Easement R. Radius (Radiaq Adjoining b6 are within the carne block ~^d S yon.
g
'
Drainage Easement EL Elevation R.O.E Root Overhang Easement .
unless otherwbe noted. 16 fin s a e [ ra, le unl the
lRiliry EasenKnl F.E Finished floor 5.1.0. Set Iron Rod g Cap Thh rs a BOUNDARY SURVEY unless ^ t
70
Found FC.M. Found Concrete Monument S^N Sidewalk .
otherwise noted 8. R c tific io doe not w[ an
Pkt RP.K Found Parker-Kahn NaN T0.8. lap of Bank 11. Not valid unless sealed with the signing u
J. Overhead UolRies L Length TYR TYPid surveyors embasud seal.
Power Pole LB. Licensed Businea W.C. Whness Corner r hrreby ceniy r>rr rna awvey e a rive and cwrea or. dveceon.
Transformer LA.E UmRed Access Easerent 10.05 Existing Elevation _ LB. 7132
!
r Cahk Riser -~- Line Break Not to Scale E.O.W. Edge of Water 1
'
Chord Bearing M.H. Manhole P.C.C. Point of Compound Curve ~`_y,~
Found Gros Cut O Found PI Point of Intersection ~ Ralph SwerdloH h SOrrera Na 3011
Flekl OHL Overhead Urres T.B.M. Temporary Bench Mark ~_ Loub R. Ramirez lesslmul Su,wyor aM Mapper N0. 6300
Seminole County Property Appraiser Get Information by Parcel Number Page 1 of 2
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VALUE SUMMARY
VALUES 2x09 2008
GENERAL Working Certified
Parcel Id: 10-21-30-510-0000-0030 Value Method Cost/Market CosVMarket
Owner: FANTE TODD B & JENNIFER L Number of Buildings 1 1
Mailing Address: 115 W TRADEWINDS RD Depreciated Bidg Value $179,158 $198,742
City,State,ZipCode: WINTER SPRINGS FL 32708 Depreciated EXFT Value $12,818 $13,375
Property Address: 115 TRADEWINDS RD W WINTER SPRINGS 32708 Land Value (Market) $92,150 $92,150
Subdivision Name: OAK HILL ESTATES Land Value Ag $0 $0
Tax District: W1-WINTER SPRINGS JusVMarket Value $284,126 $304,267
Exemptions: 00-HOMESTEAD (2009) Portablity Adj $0 $0
Dor: 01-SINGLE FAMILY Save Our Homes Adj $0 $0
Assessed Value (SOH) $284,126 $304,267
Tax Estimator
2009 TAXABLE VALUE WORKING ESTIMATE
Taxing Authority Assessment Value Exempt Values Taxable Value
County General Fund $284,126 $50,000 $234,126
Schools $284,126 $25,000 $259,126
City Winter Springs $264,126 $50,000 $234,126
Fire $284,126 $SD, 000 $234,126
Winter Springs Bonds $284,126 $50,000 $234,126
SJWM(Saint Johns Water Management) $284,126 $50,000 $234,126
County Bonds $264,126 $50,000 $234,126
The taxable values and taxes are calculated using the current years working values and the prior years approved millage rates.
SALES
Deed Date Book Page Amount Vac/Imp Qualified
CORRECTIVE DEED O6l20D8 07019 1776 $100 Improved No
2008 VALUE SUMMARY
WARRANTY DEED 02/2008 08957 1514 $325,000 Improved Yes
QUIT CLAIM DEED 01/2000 03801 1215 $57,300 Improved No 2008 Tax Bill Amount: $5,334
2008 Certified Taxable Vatue and Taxe s
WARRANTY DEED 11/1993 02683 1140 $168,500 Improved Yes
WARRANTY DEED 06/1992 02445 0010 $142,000 Improved Yes DOES NOT INCLUDE NON-AD VALOREM ASSE SSMENTS
WARRANTY DEED 10/1964 01588 1365 $26,000 Vacant Yes
Find Comparable Sales within this Subdivision
LAND LEGAL DESCRIPTION
Land Assess Method Frontage Depth Land Units Unit Price Land Value PLATS: Pick...
ACREAGE 0 0 .970 95,000.00 $92,150 LEG LOT 3 OAK HILL ESTATES PB 31 PG 19
BUILDING INFORMATION
Bld Num Bld Type Year Blt Fixtures Base SF Gross SF Living SF Ext Wall Bld Value Est Cost
New
Building 1 SINGLE FAMILY 1985 7 2,121 3,298
Sketch 2,121 BRICK/WOOD FRAMING $179,158 $197,965
Appendage ! Sgft OPEN PORCH FINISHED ! 297
Appendage / Sgft GARAGE FINISHED / 460
Appendage / SgTt DETACHED GARAGE FINISHED! 420
NOTE: Appendage Codes included in Living Area: Base, Upper Story Base, Upper Story Finished, Apartment, Enclosed Porch Finished,8ase
Semi Finshed
Permits
EXTRA FEATURE
http://www.scpafl.org/web/re_web.seminole county_title?PARCEL=10213051000000030... 5/14/2009
Seminole County Property Appraiser Get Information by Parcel Number Page 2 of 2
Description Year Blt Units EXFT Value Est Cost New
POOL GUNITE 1992 360 $4,140 $7,200
SCREEN ENCLOSURE 1992 1,990 $1,727 $3,980
COOL DECK PATIO 1992 330 $664 $1,155
CONC UTILITY BLDG 1985 30 $109 $210
SOLAR HEATER 1996 1 $440 $1,100
CONCRETE DRIVEWAY 4 INCH 1996 3,4D0 $5,738 $8,500
NOTE: Assessed values shown are NOT certified values and Therefore are subject to change before being frnalized for ad valorem tax purposes.
"'If you recently ourchased a homesteaded orocerty your next year's orocertv tax will be based on Just/Madcet value.
http://www.scpafl.org/web/re web.seminole county_title?PARCEL=10213051000000030... 5/14/2009
February 4, 2009
City of Winter Springs
Winter Springs, FL 32708
To Whom It May Concern:
RECE1~/E®
~,~~' ~ 6 ~a~~
CITY OF WINTER SPRINGS
Permitting _ Christy
We, Mike and Cathy Dwyer, live at 125 W. Tradewinds Rd., Winter Springs Florida are
writing this letter on behalf of Todd and Jennifer Fante, our neighbors at 115 W.
Tradewinds Rd.
Todd has described to us his plans to enlarge the existing detached garage located on his
property.
We have no objection to Todd's plans, and support the approval of his request If you have
any questions, or we if we can provide any further assistance, please feel free to contact
me at 407-405-2660
Thank you,
~~ ~ w ~~~
CathyO'- Dwyer
-~
.~
a/6~o~
~~~~~~~
~~ ~~ ~ _ CV ~ C Qil" n CITY OF WINTER SP
/ pe~~ RINGS
p ' Christy
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ATTACHMENT D
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
BOARD OF ADJUSTMENT
REGULAR MEETING -MAY 21, 2009
(RESCHEDULED FROM MAY 7, 2009)
PAGE 7 OF 10
Mr. John Streich, 805 Dyson Drive, Winter Springs, Florida: addressed the Board
Members on this Conditional Use Request.
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 WILL MAKE A MOTION TO APPROVE THE CONDITIONAL USE
REQUEST FOR THE 1600 SQUARE FOOT DETACHED PRIVATE GARAGE
AT 805 DYSON [DRIVE]." MOTION BY BOARD MEMBER PAINE-
MALCOLM. SECONDED BY BOARD MEMBER GASMAN. DISCUSSION.
CHAIRMAN WATERS ADDED, "WE ACTUALLY NEED TO HAVE THAT
STATE, RECOMMEND FOR APPROVAL." BOARD MEMBER PAINE-
MALCOLM REPLIED, "CHANGE IT." DISCUSSION.
VOTE:
VICE CHAIRMAN TAYLOR: AYE
BOARD MEMBER COLLINS: AYE
BOARD MEMBER GASMAN: AYE
BOARD MEMBER PAINE-MALCOLM: AYE
CHAIRMAN WATERS: AYE
MOTION CARRIED.
PUBLIC HEARINGS
502. Community Development Department
Recommends The Board Of Adjustment Hear A Request For A Conditional Use
Within The City Of Winter Springs RC-I Zoning District (Residential Rural FLU
[Future Land Use] Designation), To Allow Expansion (Doubling The Area) Of An
Existing Approximately 530 Square Foot Detached Accessory Structure (Private
Garage) On Approximately 1.14 Acres At 115 West Tradewinds Road.
Mr. Baker presented this Agenda Item and stated, "I recommend Approval for each of
those based on the unique circumstances and the fact that he does have recommendations
of Approval from his neighbors."
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.
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
BOARD OF ADJUSTMENT
REGULAR MEETING -MAY 21, 2009
(RESCHEDULED FROM MAY 7, 2009)
PAGE 8 OF 10
"I WILL MAKE A MOTION TO APPROVE THE REQUEST FOR A
CONDITIONAL USE REQUEST FOR THE DETACHED PRIVATE GARAGE
ADDITION AT 115 WEST TRADEWINDS [ROAD]." MOTION BY VICE
CHAIRMAN TAYLOR. SECONDED BY BOARD MEMBER PAINE-
MALCOLM. DISCUSSION.
VOTE:
BOARD MEMBER COLLINS: AYE
BOARD MEMBER GASMAN: AYE
CHAIRMAN WATERS: AYE
VICE CHAIRMAN TAYLOR: AYE
BOARD MEMBER PAINE-MALCOLM: AYE
MOTION CARRIED.
PUBLIC HEARINGS
503. Community Development Department
Recommends The BOA (Board Of Adjustment) Hear The Request For A Waiver
From The 20 Foot Side Yard And 35 Foot Rear Yard Setback Set Forth In Section
20-146. Of The City Code For Accessory Structures Exceeding 240 Square Feet
(Section 6-84.), Pursuant To The Waiver Criteria And Procedure Detailed In
Section 20-34., To Allow The Expansion Of An Existing 530 Square Foot Garage At
115 West Tradewinds Road, Within Approximately 15 Feet Of The Side Lot Line
And The Existing Portion Of The Building To Remain Within Approximately 14
Feet Of The Rear Pronertv Line.
Brief discussion.
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 -RECOMMEND APPROVAL OF THE SETBACK
WAIVER REQUEST." MOTION BY BOARD MEMBER PAINE-MALCOLM.
VICE CHAIRMAN TAYLOR ADDED, "FOR 115 WEST TRADEWINDS
[ROAD]". SECONDED BY BOARD MEMBER GASMAN. DISCUSSION.