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HomeMy WebLinkAbout2009 12 14 Public Hearing 501 Request for Waiver at 204 Elderwood Street CITY COMMISSION AGENDA CONSENT ITEM 501 INFORMATIONAL PUBLIC HEARING X REGULAR December 14, 2009 Meeting gr. /De ment REQUEST: The Community Development Department requests the City Commission hear the request for a waiver from the six (6) foot side yard setback set forth in Section 20- 186 of the City Code, pursuant to the waiver criteria and procedure detailed in Section 20 -34, to allow the expansion of an existing domicile at 204 Elderwood Street (Lot 28 of Foxmoor, Unit 1, P.B. 19, Pages 70 71), which is as close as approximately 5 feet of the side lot line (to allow as much as a one foot encroachment into the 6 foot side yard building setback). PURPOSE: The purpose of this agenda item is to consider a waiver request by Samuel Lawhun, on behalf of, Monica Macarelli, the owner, to expand a house constructed in 1976 within the 6 foot side yard building setback, up to the 5' utility easement. The waiver would allow an addition to add a partial second floor and extend 30' 8" to the rear. Part, but not all of that addition will encroach into the side yard building setback. The waiver would not allow any encroachment into the 5' utility easement. FUTURE LAND USE ZONING DESIGNATION: Future Land Use Designation: Low Density Residential Zoning District: R -1 Single Family Dwelling District APPLICABLE CODE: Chapter 163, FS Comprehensive Plan Chapter 6 of the City Code Chapter 9 of City Code Chapter 20 of City Code CONSIDERATIONS: The applicant is seeking a waiver to the side yard building setback in order to expand an existing non conforming residential structure (built in 1976), adding a partial second story and extending the building to the rear. The owner purchased the house in 1979. The applicant has been given the alternatives of redesigning the plans for the addition to December 14, 2009 Public Hearing Item 501 Page 2 of 3 meet the setback or apply for the waiver and has opted for the waiver. Staff supports the waiver to extend the second floor straight up from the existing first floor and straight back into the rear yard (but not into the rear yard setback). Please note that the existing wall is not parallel to the property line, although that is not obvious in the field. Staff cannot and will not support any encroachment into the easement or rear yard building setback (this includes any balcony). The roof drip -line along the subject (easterly) side of the house (in the revised plans) must not extend any farther into the easement, toward the property boundary, than it currently does with the existing structure. No footer may be provided in the utility easement. FINDINGS: The 6 waiver criteria set forth in Subsection 20 -34 (d) are as follows: 1) The proposed development plan is in substantial compliance with this chapter and in compliance with the comprehensive plan. Staff finds no conflicts with the comprehensive plan and no conflict with other parts of the zoning code (Chapter 20), except as noted. The applicant is requesting the setback waiver. 2) The proposed development plan will significantly enhance the real property. Staff believes the plan will enhance real property values and meets this criterion. 3) The proposed development plan serves the public health, safety, and welfare. Staff believes the plan does meet this criterion. 4) The waiver will not diminish property values in or alter the essential character of the surrounding neighborhood. Staff believes the waiver will not diminish property values and will not alter the essential character of the surrounding neighborhood in a negative manner. 5) The waiver granted is the minimum waiver that will eliminate or reduce the illogical, impractical, or patently unreasonable result caused by the applicable term or condition under this chapter Staff believes the waiver request is the minimum reasonable request that allows for the existing encroachment and proposed addition. 6) The proposed development plan is compatible with the surrounding neighborhood. Staff believes the proposed building setback and development plan is compatible with the surrounding neighborhood. December 14, 2009 Public Hearing Item 501 Page 3 of 3 BOA ACTION: At its regularly scheduled meeting of December 3, 2009, the BOA voted 4 -0 to recommend the waiver be approved. RECOMMENDATION: The BOA and staff recommend approval of the setback waiver request since we believe it does meet all of the 6 criteria for this site. This means extending the existing wall straight up (for a partial second story) and straight back into the rear yard (but not to extend into the rear yard building setback). ATTACHMENTS: A- Location Map Plat B— Applicable Code C- Application package D -Draft BOA Minutes COMMISSION ACTION: ATTACHMENT A zUS 300 ';c:_': l �.nu+ucu r, Z f2i t' _v 1�y 200 q° I 302 303 141 13 35 202 ://4 204 0 211213 105 103 200 183 �Z 305 2 0 208 ti. 215 i 232 230 304 307 212 202 y 218 224222 200 1 30 303 1 plc 306 126 220 226 309 228 218214 204 H i 308 311, 210 206 300 3 05 106 213 224 310 225 221 219: n 2l' 304 307 k.' 129 208 o 222 312 23/ t 9 207205 203 308 30 210 N 221 .s 402 21 215 2132/ 313 2 14 t2s 1 219 216 400 403 310 212 J 217 j► 405 312 fff N 127 21213 r� 212 404 406 .40409, 112 110108106/ 04 02 314 31 184 G 425 21/ o 208 408 411 114 �..3 p y 423 209 a i 106 410 413 400 40! 300 U 42133 a1/ 439 2 438 302 4 417 20 204 200 1/5 1/3 437 436 402 .'403 T ii 413 202 202 404 405 304 4/4 4 409 407 503 204 435 434 407 306 500 406 F 416 412 ,403 40 205 502 505 431 11 430 408 i X09 3� V 4/0408406 4 00 207 504 5509 429 426 412 3" 413 312 21/ 209 508 511 427 420 415 3/ N 510 513 415 423421419 417 MOS ,t- PAR N Ea 403 3 411 40 407405 r y 401 217 2/5213 600 135 p)0 08 IL,"-,:---, 2!1 3 306304 5 00 y 13 p 2 139 O 207 602 605 LIFT Gee J /STA. r eek U 503 502 206 205 604 607 7W 505 3 204 203 606 a 375 305 D 507 403 401 202 101 �CK c- 100 '9 407 05 0+, 1 307 U g 611 102 377 409 402 400 401 612 6/3 104 101 411 `i s 404 403 110 108 106 103 y. 379 il■ 415 406 604 r 614 616 1. 3 /5 112 -I 105 370 'r 408 AI l 2 410 606 202 113 111 109 /07 380 y 381 204 115 390 C q/ 608. 206 207 ,PUMP STA. 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'Eel 83 'EE NCe N 7 fEeT E 5 24 Or,e 5 Fee'' NCf 24 40 1 E FET 7, 4( 4 )2 N 54 `8784 PC57,` 74-(5N(5 el 43 E 4545 8(67, 724859C8 14 44 5 454385( 745N42 N44• ET S007, 5 5 /24 FE TNE05 N 93• /0(3000 85(7, 724524(8 1,7 4 n C 5(8 50' 0n nn (6 0 7(24(5 N 23n 'n0 W 1, 08 veer, 70814(5 N 4 G N 7,0•9/ 50 00 "6 3•4 27 FE67, 724(0(5 S 59•nn'nes f C247 H 7 /7 fef7, T,-/(NCe N 3, nn 'E 44 88 N(E N 38•,2 8 5 fen 94 F((T T T E 0 'NE P O I /555 2 8)0(4 5777.7,-, 05[7240 0 (2CNCN(3 S45 5 AS RECOAnen /N PLAT ROOK /2(..4(-55 33 eon 5{ r (.15/(4 OF T,r P5/ R5Cn R uS ;5 ,,rvn. 404/747 L' a...4 c IL 7 40,19,01NC i ACRf5 /97,66 Lel=- REP7A(„r./ PORNO, OR NORTN nRL a Nnn 29 N f5 EEC 3 •5 RECOR0e, /N P10 7 80,1 /2 Pace, 33 <..(n 34 ewe' 554(/247 14(1441 R(Cn0S OF Cn 7 7 -.7-7 A /J0 Rf PLAX 0 ,0[ 4 0RT44N n£1075 ,045n,9f! 5 9Ln CR /l n A "1 /T(N(LL 500,6✓ 0 Nf L-y0 (_64, 5 E 5 f GRANT A5 RE40Rn En IN NL4T 9/50/4 I 0945 5, of 7245 PURL,( Rf Cn095 of 51,7/N0LE Cna,Nr f/0R/OA C_r .Rl IFICATE OF SURVI YCR A I, CERTIFICATE OF ArI ROVAL BY MUN'CIFALITY .IRN 9 F /974 W INTFR .5 PR1NbS, 6 /ry ✓4/L. SHEET I OF. 2 SHEETS Ai1' CERTIFICATE ,OF CLERK G J "C. e I HEREBY CERT/F5, THAT 12448 EXAMINED THE FOREGOING PLAT AND FIND THAT IT COMPLIES IN FORM WITH ALI. THE CFRT!FICATE OF APPROVAL BY ,ENRICH, INC. REQUIREMENTS OF CHAPTER I'' FL R))D4 STATUTES AND SURVEYING MAPPING Was FLED FOR RECORD ON ,/4 74 AT,r,',1,'''' MUN IP1i.- LANNING BOARD 2I7 E SANLANDO SPRINGS ROAD FILE no I DEL. 20, /973 m, LONOWOOIDA 32750 305-831-1224 1 ,r •.r I. I ,K. 8,2),778 CLE4,K OF THE CIRCUIT CO RT F IN AND FOR SEMINO E CO. INT Y, FLA. �..J�_.�"C.r .l:..Y.� 7777 ,.x i 4- PLAT SOAK /9 AND PAGE 71 FOXMOOR UNIT i -'r`` •:eno;� .nn A n/J 7 nN ,;;1% c7 r Nn R7.1 n4tAN/Un 'I �s s w. on .-se e 11 SECTION 3, TOWNSHIP 21 SOUTH, RANGE 30 EAST ''.4 74 CITY OF WINTER SPRINGS 5L SEMINOLE COUNTY, FLORIDA 04TH ve 4 16 I i n. y4 P" o,^ C T' I -e •fci NOTE, n 44 .c�� 4 c`T",> t a ,15 '....e. 3 a� U� i"., I. DENOTES PRIX T y N e 8 2."'� DENOTES PCP .9 '"3 I. 4, R/W !QD 'c.. 3 ALL LOT LINES ARE RADIAL UNLESS OTHERWISE NOTED y,e? e A /WA 6E II 't 4.50 FT UTILITY EASEMENT ON ALL SIDE LOT LINES 70 D H' T r� OR o UTILITY EASEMENT ON ALL REAR LOT LINES of n c• te^ N_o y FT EXCEPT THOSE LOT LINES ADJACENT TO nnn Te LLL STREET R/W LINES, UNLESS OTHERWISE 0,, 1L- I D NOTED 5 ,r,' r_ D RA` 14 I G I; o 41, 2�/ ,4C.1 0.‘ 6 9 l V ":�"j C "4. 1, .fit ob 4' '`''Bi 1 z„ •110 1oS I ti t N 1, nC t n`.t �I 0O .._fJ�. ',1 '^Dc pA P7 H °4� .3.3„:: Au s 4 �A 8 10 6 ,;?0,..-;_,:::::.. as 3 1 L. R K r r' ^I j ..*:%--6 h H J O N 7D P A If' t I �3 X 5 Y, r i O A e �=4 G /L I °'S' t r 7y 5 or: ,�1 f 1 t /N' y-".7,3 c.Nq/ y 4. H4f n l f. J 11 A q I r J I t lt .,u 5 n n� C jo .0-'1>' x ti .a,� I OAHAW ROAD n j 1 r„, N4 NA No/in [C y s I I„ ,e UD ED W`' H I 6•^ NOr INC I s i+ Hx Rnr NnN n, Z I I 1 VCR f Q .'r (1 p CURVE DATA s �jk3 1 i\i� 1.3 ,a I i I` �t �Y 4 i` I' `I� v /I" C t,a i- nn j 1 r,23,,,3 E4 1 6185 HOL L Y I klb ii yt 1 T u f X r 1 I 06."2".° O I a Is 106E 4 6 o 1 A S F 04 gyp, q f 623 ct I i r 1 '4?,- j $I6 I 11 ,•iu'. 1 =s n r tt e I drat pJ 1 a' ,Z op -4- 1 lr X 67P 3' '''64?` s O orrOM y DRIVE �I I "V-1,, ce c 1 n i o• �i 'v47; )5• 1� °Ia a07Ia26f 12 031 1 HENRICH, INC. v g ray "J: w r, 44''JI' I SURVEYING MAPPING n 4 �"'r 2i, pRAINABE R/ v ❑DO' 217 E WOOD, FL DRIDA 32750 DO SPRINGS ROAD y K 550 a., spy y ex' w LONGW000, •OC "44'11' 1305/831 7224 L• 03 7- 4004' FQXMOUR UNIr 2 SHEET 2 OF 2 SHEETS PS PO 4 n__ 4 ARTICLE III. ESTABLISHMENT OF DISTRICTS Page 9 of 78 ATTACHMENT B (Ord. No. 44, 44.37, 1 -8 -68) Sec. 20 182. Uses permitted. Within any R -1 One Family Dwelling District, no building or structure, land or water shall be used except for one (1) or more of the following uses: (1) Any use permitted in R -1AA and R -1A Single Family Dwelling Districts. (2) Home occupations. (Ord. No. 44, 44.38, 1 -8 -68) Sec. 20 183. Conditional uses. Conditional uses in R -1 One Family Dwelling Districts are the same as for R -1AA and R -1A Single Family Dwelling Districts. (Ord. No. 44, 44.39, 1 -8 -68; Ord. No. 240, 6, 5- 26 -81; Ord. No. 2004 -49, 2, 12- 13 -04) Sec. 20 184. Building height regulations. Building height regulations in R -1 One Family Dwelling Districts are the same as in the R -1AA and R -1A Single Family Dwelling Districts. (Ord. No. 44, 44.40, 1 -8 -68) Sec. 20 185. Building site area regulations. In R -1 One Family Dwelling Districts, each family (single) dwelling shall be located on a lot or parcel of land having an area of not Tess than six thousand six hundred (6,600) square feet and a width of not less than sixty (60) feet. (Ord. No. 44, 44.41, 1 -8 -68) Sec. 20 186. Front, rear and side yard regulations. In R -1 One Family Dwelling Districts: (1) Front yard. There shall be a front yard of not less than twenty -five (25) feet. (2) Rear yard. A rear yard shall not be Tess than twenty -five (25) feet in depth. (3) Side yard. Side yards shall be provided on each side of every dwelling of not less than six (6) feet. (4) Comer lots. Same as for R -1AA and R -1A Single Family Dwelling Districts. (Ord. No. 44, 44.42, 1 -8 -68) Sec. 20 187. Lot coverage. http: //library8. municode .com /default- test/DocView/ 12019/ 1 122/125 11/9/2009 ,u t Ln, N 4 p ERMt1 2 Opg o2 25 1 ATTACHMENT C 44`t,'TERs CITY OF WINTER SPRINGS o A 'A� COMMUNITY DEVELOPMENT DEPARTMENT 2 1126 STATE ROAD 434 F- 0 U WI NTER SPRINGS, FL 32708 Incorpo 1959 407 327 -5966 FAX:407- 327 -6695 BOARD OF ADJUSTMENT APPLICATION CONDITIONAL USE SPECIAL EXCEPTION WAIVER -moot 0,9,4 APPLICANT: N whurr dlrnuti k e.i Lastt First Middle MAILING ADDRESS: LI 1 IJ K-e h a u.1 Rd 0Stfev1 y a-L- ,-212 7 L9 `1 PHONE EMAIL 1 b ity n 1 l 5I) .9 lA y� e 1 w Mill GY w 11 ct bi uc nc If Applicant does NOT own the property: PROPERTY OWNER: 1 H o n l a M Last WO Fiir Middle MAILING ADDRESS: Z O C 1cjf, O d oC) Ni 'Y to Spl .i n( 3 L Zn a e PHONE &EMAIL 0 u) q5- (3606 This request is for the real property described below: �p,A \N OW ADDRESS: 2.04 E l d -Ci. V VOWW TAX PARCEL NUMBER: 032 13651 k 0 D 00 02 0 SIZE OF PARCEL: Si Square Feet Acres EXISTING LAND USE: S fl ?J 1 V -fa r �n I y J KI. Current FUTURE LAND USE Classification: Current ZONING Classification: S Please state YOUR REQUEST: 16 bill Id add ition peg. plaM O, Submiti�d on a1Q.eacl non- c,on- foQrratn Sin Jt o 4. -fa r�nq home. C o s h a I iztady been appQovecl b build �n dcpatt-rntn+.) 461 o 1461 9 sA V VV The APPLICANT IS RESPONSIBLE for posting the blue notice card (provided by the City) on the site at least SEVEN (7) DAYS prior to the Board of Adjustment Meeting at which the matter will be considered. Said notice shall NOT be posted within the City right -of -way. All APPLICANTS shall be afforded minimal due process as required by law, including the right to receive notice, be heard, present evidence, cross examihe witnesses, and be represented by a duly authorized representative. The CITY COMMISSION shall render all final decisions regarding variances, conditional uses and waivers and may impose reasonable conditions on any approved variance, conditional use or waiver to the extent deemed necessary and relevant to ensure compliance with applicable criteria and other applicable provisions of the City Code and Comprehensive Plan. All formal decisions shall be based on competent substantial evidence and the applicable criteria as set forth in Chapter 20, Zoning. APPLICANTS are advised that if, they decide to appeal any decisions made at the meetings or hearings with respect to any matter considered at the meetings or hearings, they will need a record of the proceedings and, for such purposes, they will'need to insure that a verbatim record of the proceedings is made, at their cost, which includes the testimony and evidence upon which the appeal is to be based, per 286.0105, Florida Statutes. Any CONDITIONAL USE, VARIANCE, or WAIVER which may be granted by the City Commission shall expire two (2) years after the effective date of such approval by the City Commission, unless a building permit based upon and incorporating the conditional use, variance, or waiver is issued by the City within said time period. Upon written request of the property owner, the City Commission may extend the expiration date, without public hearing, an additional six (6) months, provided the property owner demonstrates good cause for the extension In addition, if the aforementioned building permit is timely issued, and the building permit subsequently expires and the subject development project is abandoned or discontinued for a period of six months, the conditional use, variance or waiver shall be deemed expired and null and void (Code of Ordinances, Section 20 -36.) APPLICATION FEES: FEES are as SHOWN BELOW plus ACTUAL COSTS incurred for ADVERTISING or NOTIFICATION, and for REIMBURSEMENT for TECHNICAL and/or PROFESSIONAL SERVICES which may be required in connection with the review, inspection or approval of any development (based on accounting submitted by the City's Consultant) payable prior to approval of the pertinent stage of development. CONDITIONAL USE SPECIAL EXCEPTION 500 WAIVER 500 VARIANCE 500 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. JUSTIFICATION for the Request (See Attached List) 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). 2 April 09 By submitting this application you hereby granttemporary right of entry for city officials to enter upon the subject property for purposes of evaluating this application. FOR USE WHEN APPLICANT IS OWNER OF THE SUBJECT REAL PROPERTY: This is to certify that 1 am the Owner in fee simple of subject lands described within this Applicati.. Board of Adjustment consideration: GFr °Ilit_444jul4j i Signs ure of Owner r Swo d subscrib before me this VI a da of r" 20 Notary Public My Co fission expires: 15 -0 9 Personally Kno Produce' tifica�n, (T :id take an Oath v' Did Not take and Oath FOR USE WHEN APPLICANT IS NOT OWNER OF THE SUBJECT REAL PROPERTY: I, Monica M a l c a e t i do hereby, with my notarized signature, allow (Same 4 1 K. La W van to represent me in thhis related to my property. The property is identified as: Tax Parcel Number V s) 1 2 b i) t l b {1 GO 2 ?D Located at 201 E Ici l_W O0d Y v i fl+ff k p z t I 0 o k 1 4/, ••/r' /f ature of Owner(s) Sm torkisubwirib before me this p A.__ day ofCb Q. r 20 01. otary Public My Conk ssion pir c Personally Known r-- L X. Produced ID: (Type) Did take an Oath i Did Not take and Oath �*`s" Comm#DD0499 r 1x Exp lrn 12/16120M M 3 **timitizetwor ..sp.s.es]ssNeMSSH WY/rs/MM/NpM! /!A 3 April 09 WAIVER REQUEST A waiver request requires the property owner to clearly demonstrate that the applicable term or condition (the subject of the waiver request) clearly creates an illogical, impossible, impractical, or patently unreasonable result [winter Springs Code of Ordinances, Section 20 -34 (a)]. Please explain how your request meets this requirement (use a separate sheet if necessary). 1hia a1'P_ta non coif frn n9 1/ eh Ii. 11 e u/ 1 n nMagr. k on .�$t �r�ir D In addition to the standard set forth in Section 20 -34 (a), a waiver requires compliance with all six (6) criteria enumerated in the Winter springs Code of Ordinances, Section 20-34 (d). Address each of the following conditions related to the variance request. Attach additional paper as necessary: What is the Waiver you are requesting? i g h4 a dd I tl G a 1 I ncha on task td 4661q Ehown i n plan -fir? ptern 200gO2'57 Is the proposed development plan in substantial compliance with Chapter 20 of the City's Code of Ordinances and in compliance with the Comprehensive Plan? Nd? Will the proposed development plan significantly enhance the real property? Will the proposed development plan serve the public health, safety, and welfare of the City of Winter Springs CONTINUED ON NEXT PAGE 4 APa 09 Will the waiver diminish property values in or alter the essential character of the surrounding neighborhood? 1\!4 Is the waiver request the minimum waiver that will eliminate or reduce the illogical, impossible, impractical, or patently unreasonable result caused by the applicable term or condition under this chapter? 'IBS Is the proposed development plan compatible with the surrounding neighborhood? leg. 5 April 09 2009 -11-02 21:36 R A CUSTOM BLDRS LLC 4073220235 4073276695 P 2/2 List of neighbors with-in 150' of owners filing for Wavier: Persil Id: 03- 21 -30- 511-0000 OMrnsr. MARCARELU MONICA M MaNtrq Address: 204 ELDERWOOD ST CIty,StatsZIPCods: WINTER SPRINGS FL 32700 Properly Address: 204 ELDERWOOD ST WINTER SPRINGS 327D8 Neighbors list: BARICO S A CORP, C/O SILDE INC PO BOX 941569 MAITLAND, FL. 32794 For 614 EDGEMON AVE, WINTER SPRINGS RODRIGUEZ JOSE A AURORA 616 S EDGEMON AVE WINTER SPRINGS FL. 32708 GONZALEZ CARLOS M 1041 NORTHERN WAY WINTER SPRINGS FL. 32708 For 207 ELDERWOOD ST, WINTER SPRINGS GODFREY CHARLES E JR MINDY L 704 S EDGEMON AVE WINTER SPRINGS FL. 32708 DAVIDSON CARL JILL 209 ELDERWOOD ST WINTER SPRINGS FL. 32708 BEARD THOMAS M DEBORAH K 211 ELDERWOOD ST WINTER SPRINGS FL. 32708 HESS PAIGE M 206 ELDERWOOD ST WINTER SPRINGS FL. 32708 SMART RICK J LISA A 208 ELDERWOOD ST WINTER SPRINGS FL. 32708 I2 /.n/ civI) D'00 "E 7.62'(P) 0 e.. 6 c 1 n CP \—D 1 O 13 .s G s- Qj R OP N \o....\ 1 7 V ()C: PoO�� O 0 �O �O- (.4- p:( O 0 c;'\ ri,-- ,c) Q 4 (A,.., 0 S vA of X2 G c," C) �S (57 O \O \o �`O P oN c 2 l c ‘s. c. 90 ?\--N I "i00 A 4'27'06" G v R= 914.19' X• L=71.03' (P)(M) N �P\- ,ov \-D,5, C��jP _\NO ATTACHMENT D DRAFT CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES BOARD OF ADJUSTMENT REGULAR MEETING DECEMBER 3, 2009 CALL TO ORDER The Board of Adjustment Regular Meeting of Thursday, December 3, 2009 was called to Order at 7:00 p.m. by Chairman Thomas Waters in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Chairman Thomas Waters, present Vice Chairman Jack Taylor, absent Board Member Howard Casman, present Board Member Linda Collins, present Board Member Karen Paine Malcolm, present A moment of silence preceded the Pledge of Allegiance. INFORMATIONAL AGENDA INFORMATIONAL. 100. Not Used. CONSENT AGENDA CONSENT 200. Office Of The City Clerk Approval Of The May 21, 2009 Regular Meeting Minutes. Chairman Waters asked, "Can I have a Motion to Approve those Minutes." "SO MOVED." MOTION BY BOARD MEMBER PAINE MALCOLM. SECONDED BY BOARD MEMBER COLLINS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES BOARD OF ADJUSTMENT REGULAR MEETING DECEMBER 3, 2009 PAGE 2 OF 4 VOTE: CHAIRMAN WATERS: AYE BOARD MEMBER PAINE MALCOLM: AYE BOARD MEMBER COLLINS: AYE BOARD MEMBER CASMAN: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Not Used. 400. REPORTS No Reports were given. PUBLIC INPUT No one spoke. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Community Development Department Recommends The BOA (Board Of Adjustment) Hear The Request For A Waiver From The Six (6) Foot Side Yard Setback Set Forth In Section 20 -186. Of The City Code For, Pursuant To The Waiver Criteria And Procedure Detailed In Section 20- 34., To Allow The Expansion Of An Existing Domicile At 204 Elderwood Street (Lot 28 Of Foxmoor, Unit 1, P.B. (Plat Book) 19, Pages 70 And 71), Which Is As Close As Approximately 5 Feet Of The Side Lot Line (To Allow As Much As A One Foot Encroachment Into The 6 Foot Side Yard Building Setback). Mr. John Baker, AICP, Senior Planner, Community Development Department presented this Agenda Item and distributed a plot plan of the existing building and proposed addition. Continuing, Mr. Baker read into the Record the "FINDINGS" of this Agenda Item and stated, "We do recommend Approval subject to them not encroaching the eaves would not go any farther out into the side yard." Discussion. CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES BOARD OF ADJUSTMENT REGULAR MEETING DECEMBER 3, 2009 PAGE 3 OF 4 Chairman Waters inquired about the eaves overhang. Chairman Waters then asked, "Is there anything in the Utility Easement Mr. Baker said, "We have no knowledge of any pipes in there." Board Member Howard Casman asked, "The house now is not in Compliance Mr. Baker replied, "That is correct." Board Member Casman then asked, "This addition is not going to make it any farther; it is going to be within that same area Mr. Baker replied, "It has the same footprint, except where it extends to the rear and it will be pretty much out of the setback where it extends to the rear, but it will be going straight up within that same footprint that it encroaches." Mr. Keith Lawhun, 646 Keelhaul Road, Osteen, Florida: as the Contractor for this project, he commended Staff for their assistance. Discussion. Chairman Waters opened the "Public Input portion of this Agenda Item. No one spoke. Chairman Waters closed the "Public Input" portion of this Agenda Item. "I MAKE A MOTION THAT WE APPROVE ITEM `500' BASED ON THE INFORMATION GIVEN TO US RIGHT NOW AND THAT MR. BAKER IS VERY CLEAR ABOUT." MOTION BY BOARD MEMBER CASMAN. SECONDED BY BOARD MEMBER PAINE MALCOLM. DISCUSSION. VOTE: BOARD MEMBER COLLINS: AYE CHAIRMAN WATERS: AYE BOARD MEMBER PAINE MALCOLM: AYE BOARD MEMBER CASMAN: AYE MOTION CARRIED. Chairman Waters stated, "This is only an Advisory Board and it goes to the City Commission on December 14 th 2009]." REGULAR AGENDA REGULAR 600. Not Used. CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES BOARD OF ADJUSTMENT REGULAR MEETING DECEMBER 3, 2009 PAGE 4 OF 4 ADJOURNMENT Chairman Waters adjourned the Meeting at 7:12 p.m. RESPECTFULLY SUBMITTED: JOAN L. BROWN DEPUTY CITY CLERK APPROVED: THOMAS WATERS CHAIRMAN, BOARD OF ADJUSTMENT NOTE: These Minutes were approved at the 2010 Regular Board of Adjustment Meeting.