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HomeMy WebLinkAbout1978 04 18 Special , ,. Hembers of ,dnt,., Springs I ci ty Council: ,- .~ residents of the North Orl~Ddo Ranches we are appealing the action taken by the board of adjustment at its meeting of February 14, 1978. The board granted a variance for a lot split of Lot 9, Block B, Section 1 into two lots. Our appeal is based on the following information: 1. The published notices and letters to adjacent property ol'mers stated that the hearing was to be on the question of issuing two building permits for one lot. After the hearing began the subject ,,-:as changed from the published subject to a request for a lot split without due public notice. Residents called attention to the fact that had the notices been correct- ly worded more residents would have attended since most were a- ware that it is not possible to issue two permits to one lot (Sec. 44.27(6) ) and they did not feel it necessary to attend. 2. The board granted the lot split request without consider- ing or proving hardship as required in Sec. 14-4(a): liThe board of adjustment may grant a variance from the terms of this chap- ter when such vffi'iance will not be contrary to public interest, and where, owing to special conditions, a literal enforcement of this chapter Hould result in unnecessary hardship. II wnen questioned by residents as to the hardship on which those voting approval based their vote we were informed that they did < . not have to prove any.(See Item 5.) There were, and are, no Ilspecial conditionsll existing on Lot 9 "lhich would "larrant the lot:splittingj the lot is capable of being built upon in accord- ance "lith the zoning and building regulations for that district. In fact, the board violated Sec. 14-4: It..., such variance shall be granted by the board of adjustment unless and until: (4) The granting of the variance requested will not confer on the appli- cant any special privilege that is denied by this chapter to other lands, structures or required subdivision improvements un- der similar conditions." }. The variance granted clearly conferred on the applicantpri- vileges not enjoyed by other subdividers in the city since they have been required to put in improvements under similar conditions .. /","".- (meaning subdiv"" ton and/or resubdivision) Other subdividers and resubdividers have been required to ins vall the improvements outlined in our zoning regulations. This lot split does come under either Chapter 14 or Chapter 44 under the definitions of "resubdivision" therein. In the absence of adequate local ad- vice we obtained the definition of 'resubdivision' from Semincle County Zoning Regulations adopted 8/17/76: "Resubdivision: A change in a map of an approved or recorded subdivision plat if such change effects any street layout or such layout or area reserved thereon for public use, ~ any lot line; or if i t ef~- fects any map or plan legally recorded prior to the adoption of any regulations controlling subdivisions." ..",..""-- 4. Should the board claim it granted the variance under Chap. 14 then they further violated Sec. 14-4, specifically that por- tion of (c) Hhich states: "The board of adjustment shall fur- ther make a finding that the reasons set forth in the applica- tion justify the granting of the variance that would make poss- ible the reasonable ~ of the lands, buildings or other improve- ments." 'Reasonable use' of Lot 9, characteristics allowing con- struction of a house, has always existed. 5. Since the board stated that the resulting two lots would meet zoning requirements in Chap. 44, that they did not have to establish 'hardship', and since the city attorney stated the lot did not came under subdivision provisions in Chap. 14, and, fur- ther, since the published request was for a variance from Sec. 44.27(6) and since Sec. 44.21 provides for board of adjustment authority, perhaps the variance was granted under Chap. 44, in which case it would come under the definitions in that chapte~ 44. 24( 58) 1I Subdi vision; For the purpose of th~,,, l"egulations, a subdivision of land is either: (1) The platted division of land comprising one acre or more in area, into lots, sites or parcels; (or) (3) The resubdivision of land of one acre or more in area heretofore divided or platted into lots, sites or parcels." (Hote that there is !l2. minimum number of lots stated.) Under either Chap. 14 or 44 the board lacked adequate authority to grant such a variance and we request the city council over- , turn it on the above ini'ormation. ,.- // . 7. /~ ,/~ - 1 ../ /.l'-/{./'-'C r / .-4' ./ -? - /./.r-- , '-~ ." Jr/~ /ieY.~ .J I ~ ~/ .... /, -I'! I \,- ~ I 1/ ' / ~ / /:_ -,," .,r.., --4 ,; ,'~ /L: l r.. a / / t '- ( .J!{!iiLH~ rt /1Ja€;Y?U(~ 3 March 1978 Members of Winter Spring's City Council: As residents of the Cypress Court and Murphy Road neighborhood we are appealing the action taken by the Board of Adjustment at its meeting of 14 February 1978. The board granted a variance of 20 foot for a front yard setback and a 19 foot for a backyard setback. The property is owned by Belmont Homes and is located at the intersection of Murphy Road and Cypress Court. (Lot One, Block N, North Orlando Terrace, Section 4, unit 1, P.B. 17, page 30 of the Seminole County Public Records). The residents were not properly notified by mail of the pending action and therefore were not present to oppose the Boards action. We request that the City Council conduct a Public Hearing in respect to this action and that we the current homeowners be properly notified via the u.S. Mail so that we can appear before you to to let you know how we feel about what will affect our neighborhood and our property value. Thank you. NAME ADDRESS ";;~~ l!'/-5<J cc </ /' . -; ::;{ / -<-0/ ;;/<2-<-' k_~ '~Jj(. . { /- V Wall-eft. .J i ~hf''{,~ PUj~- <2oq~~r~. V'lV . G- J[t '-I t (. L- - 2 t- 7 C' I )_H ,j} C ( /J 1/ c).:. I, "/ // -",...-, ,/ .J ,I .:07 \- . P j, "I, 11) I( -t C ~ .p! l ~ I'~ \ \" ,.c (.-1i1, v)....... t, -t J Other :inent information in referenc to the two appeals is filed in separate files "Appeals to Board of Adjusment Decision" 3 March 1978 Members of winter Spring's City Council: As residents of the Cypress Court and Murphy Road neighborhood we are appealing the action taken by the Board of Adjustment at its meeting of 14 February 1978. The board granted a variance of 20 foot for a front yard setback and a 19 foot for a backyard setback. The property is owned by Belmont Homes and is located at the intersection of Murphy Road and Cypress Court. (Lot One, Block N, North Orlando Terrace, Section 4, Unit 1, P.B. 17, page 30 of the Seminole County Public Records). The residents were not properly notified by mail of the pending action and therefore were not present to oppose the Boards action. We request aSl that the City Council conduct a Public Hearing in respect to this action and that we the current homeowners be properly notified via the U.S. Mail so that we can appear before you to to let you know how we feel about what will affect our neighborhood and our property value. Thank you. , . NAME ADDRESS :k~ !c:/. ./-j Ct: ~I ~ .") y( .0 A.-</I );Iu~_ l( AI}( A -;JJ:tJ , . , , It, / -1-1./ . v IL~_'..-"~/-~ .' V:-f? tJ ~ I ,a- I t -:5 .en :5 I ~-IPiJr. \ ,1~ 1(+( ~I.{.' I J r t \v, Nembers of ':[inter Springs t ci ty Council: . .~ residents of the North Orlando Ranches we are appealing the action taken by the board of adjustment at its meeting of February 14, 1978. The board granted a variance for a lot split of Lot 9, Block B, Section 1 into two lots. Our appeal is based on the fo110Hing information: 1. The published notices and letters to adjacent property owners stated that the hearing was to be on the question of issuing two building permits for one lot. After the hearing began the subject ':;as changed from the published subject to a request for a lot sp1i t i'Ji thout due public notice. Residents called attention to the fact that had the notices been correct- ly worded more residents Hould have attended since most Here a- ware that it is not possible to issue two permits to one lot (Sec. 44.27(6) ) and they did not feel it necessary to attend. 2. The board granted the lot split request without consider- ing or proving hardship as required in Sec. 14-4 (a): lIThe board of adjustment may grant a variance from the terms of this chap- ter when such vffi'iance will not be contrary to public interest, and where, O1.Jing to special conditions, a li tera1 enforcement of this chapter Hou1d result in unnecessary hardship. II wnen questioned by residents as to the hardship on which those voting approval based their vote we were informed that they did ~ L " not have to prove any.(See Item 5.) There Here, and are, no Ilspecial conditionsll existing on Lot 9 Hhich would warrant the lot splitting; the lot is capable of being built upon in accord- ance with the zoning and building regulations for that district. In fact, the board violated Sec. 14-4: II..., such variancE:' shall be granted by the board of adjustment unless and until: (4) The granting of the variance requested will not confer on the appli- cant any special privilege that is denied by this chapter to other lands, structures or required subdivision improvements un- der similar conditions." ). The variance granted clearly conferred on the app1icantpri- vi1eges not enjoyed by other subdividers in the city since they have been required to put in improvements under similar conditions LC- ~..'-' v r - ~ "-'''-'"' -v -. --'\.. / (meaning subdiv__ion and/or resubdivision). Other subdividers . and resubdividers have been required to install the improvements outlined in our zoning regulations. This lot split does come under either Chapter 14 or Chapter 44 under ~he definitions of "resubdivision" therein. In the absence of adequate local ad- vice we obtained the definition of 'resubdivision' from Semincle County Zoning Regulations adopted 8/17/76: IIResubdivision: A change in a map of an approved or recorded subdivision plat if such change effects any street layout or such layout or area reserved thereon for public use, or any lot line; or if it ef- fects any map or plan legally recorded prior to the adoption of any regulations controlling subdivisions." , - 4. Should the board claim it granted the variance under Chap. 14 then they further violated Sec. 14-4, specifically that por- tion of (c) It/hich states: liThe board of adjustment shall fur- ther make a finding that the reasons set fo~th in the applica- tion justify the granting of the variance that would make poss- ible the reasonable use of the lands, buildings or other improve- ments.1I 'Reasonable usel of Lot 9, characteristics allo\>:ing con- struction of a house, has always existed. 5. Since the board stated that the resulting two lots would meet zoning requirements in Chap. 44, that they did not have to establish 'hardship', and since the city attorney stated the lot did not come under subdivisipn provisions in Chap. 14, and, fur- ther, since the published request was for a variance from Sec. 44.27(6) and since Sec. 44.21 provides for board of adjustment authority, perhaps the variance was granted under Chap. 44, in which case it would come under the definitions in that chapte~ 44.24(58)"Subdivision: For the purpose of th~,,, regulations, a subdivision of land is either: (1) The platted division of land comprising one acre or more in area, into lots, sites or parcels; (or) (3) The resubdivision of land of one acre or more in area heretofore divided or platted into lots, sites or parcels.ll (Hote that there is !!2. minimum number of lots stated.) Under either Chap. 14 or 44 the board lacked adequate authority to grant such a variance and we request the city council over- /--;) ..... ~ turn it on the above information. ,~/. // / 7 /J2, /' - ~ ')~CJ/'-t?v-t-Ct ,_ (/~ /~'t/~ Y L v ,./.,/1/11/ (~/(/ /-/' ~. , . , :1 l-v r / .' - .' L '-- ( - ;;lt1:~A~ ~.. L)~~~~~~t~.~~~~___