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HomeMy WebLinkAbout2008 01 14 Public Hearings 502 Waiver from Section 6-86. and allow Replacement of Existing Screened Covered PorchCITY COMMISSION AGENDA ITEM 502 January 14, 2008 Meeting CONSENT INFORMATIONAL PUBLIC HEARING X REGULAR MGR. /~~~./DEPT Authorization REQUEST: The Community Development Department recommends the City Commission hear the request for a waiver from section 6-86 (minimum building setbacks in a PUD), byway of Subsection 20-354 (d) (7), of the City Code of Ordinances, to allow the replacement of an existing screened covered porch with a sun room at the rear of the residence at 891 Stirling Drive (Lot 51, The Highlands Section One, as recorded in Plat Book 18, Pages 95-96). PURPOSE: The purpose of this agenda item is to consider a waiver request by Daniel Gilmartin from the 10' minimum rear yard building setback requirements of Section 6-86 of the City Code of Ordinances to allow an approximately 250 square foot (9.3' x 26.9' = 250.17 SF) addition to encroach as much as 9.3 feet into the ten (10) foot rear yard building setback (this addition backs up to a utility easement). The addition appears to have been constructed in or before 1989 (the house appears to have been constructed in 1974), well before adoption of Ordinance No. 2004-31, which established minimum building setbacks for primary structures within PUDs. No setbacks are set forth on the plat. The Homeowner restrictive covenants required a 25 foot rear yard building setback for typical lots, allowing the Homeowners' Association Architectural Review Board to vary the building setbacks for smaller lots. APPLICABLE CODE: Sec. 6-86. Minimum setback requirements within PUD zoning districts. Sec. 9-566. Repairs and maintenance. Sec. 9-607. Residential compatibility and harmony regulations. CHRONOLOGY: 1974 -Date the property appraiser's printout states the primary structure was constructed. 1989 -Date the property appraiser's printout states the covered screened porch was constructed. January 14, 2008 Public Hearing Item 502 Page 2 1989 -Date the property appraiser's printout states the covered screened porch was constructed. July 12, 2004 -City Commission adopted Ordinance No. 2004-31, establishing minimum building setbacks within PUDs. October 19, 2007 -City received application package from Daniel Gilmartin. December 6, 2007 -BOA held public hearing and voted 4-1 to recommend waiver be approved FINDINGS: 1) The property appraiser's records indicate the house received a certificate of occupancy in 1974 (the property appraiser's report also states the screen porch was constructed in 1989; the applicant states when they purchased the house in 1989 the porch looked as though it had been constructed well before 1989). The existing primary structure does not meet the 25 foot rear building setback requirement set forth for typical lots (this may not have been considered a typical lot) but appears to meet the 10' minimum rear yard building setback set forth in Section 6-86 of the City Code for PUDs. 2) According to the plot plan, the existing covered screen porch extends 9.3' from the primary structure toward the rear property line, but does not appear to touch the property line. There is a wooden fence between the porch and the adjacent Tract "H," which is a utility easement. To the north or northwest of Tract "H" is the Sheoah Circle right-of--way. 3) The Highlands Homeowners' Association has provided documentation that it or its architectural review board approved a request for replacement of the screened covered porch with a sun room on the existing slab in July 2007. 4) The Building Code does not appear to preclude construction this close to the property line, since the rear of the lot abuts a utility easement, where no structure is likely to be constructed. 5) The applicant has stated that no footer will be required for the proposed sun room. Staff has not received plans for a sun room and cannot verify whether or not a footer will be required or if the existing slab will meet building code requirements. 6) Residential additions, modifications, and expansions must undergo an aesthetic review for consistency with Section 9-607 (please see Ordinance No. 2007-21, adopted July 9, 2007}. 7) Pursuant to Subsection 9-Sb6 (c) of the City Code, any renovation, repair, or replacement of a structure used for single-family purposes must be in accordance with a lawfully issued building permit. A lawfully issued building permit must comply with applicable setbacks or receive a waiver, variance, or other appropriate legal mechanism from the City. 8) Neither the City nor the applicant has documentation of a building permit for the addition (The City is required to maintain single-family home records and plans for 15 years, after which, they are to be properly disposed of in accordance with state law). 9) To qualify for approval, the waiver request must conform to all six (6) of the waiver criteria set forth in Section 20-34 of the City's Code of Ordinances, after clearly January 14, 2008 Public Hearing Item 502 Page 3 demonstrating that the applicable term or condition creates an illogical, impossible, impractical, or patently unreasonable result (as set forth in Subsection 20-34 (a)). The applicant states that application of the 10 foot rear yard building setback creates an illogical and impractical result for replacing an existing 18+ year old porch. The 6 waiver criteria set forth in Subsection 20-34 (d) are as follows: 1) The proposed development plan is in substantial compliance with this chapter and in compliance with the comprehensive plan. Staff fmds no conflicts with the comprehensive plan. Staff does, however, believe the request surpasses the intent of the waiver or variance provisions of the code by proposing to re-build less than one foot from the property line in an area for detached single family homes. The request appears in potential conflict with the requirements of Section 9-607 of the Code (the aesthetic review regulation for single family residential). However, the newly upgraded structure will be no less compatible than the existing structure. 2) 'The proposed development plan will significantly enhance the real property. Staff believes the plan meets this criterion, by replacing and up-grading an 18 + year old structure to current building codes. 3) The proposed development plan serves the public health, safety, and welfare. Staff believes the plan does not meet this criterion, since it goes almost to the property line in an area not set forth for zero-lot-line homes. More importantly, because the lot functions similarly to adouble-frontage lot, the rear setback represents a separation of the structure from the Sheoah Circle right-of--way. However, it does not appear to violate the Building Code provisions for fire protection and tenant separation. 4) The waiver will not diminish property values in or alter the essential character of the surrounding neighborhood. Staff believes the waiver may enhance, not diminish property values and will not alter the essential character of the surrounding neighborhood, due to the existing non-conforming situation. However, the character of the neighborhood would be further enhanced by maintaining more or less uniform setbacks. On the other hand, in July of 2007, the HOA did authorize the porch replacement with a sun room on the same slab. The house 2 doors down on the same side of the roadway, at 889 Stirling Drive, appears to have January 14, 2008 Public Hearing Item 502 Page 4 been constructed close to the property line, but not as close as the proposed sun room. 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 not the minimum request that allows the building to be expanded on the Sheoah Circle side without negative aesthetic results. Except in zero-lot-line or neo-traditional developments (e.g. the Town Center), it is not acceptable or reasonable to build an addition to the primary structure at a distance that appears to be less than one foot from the property line. 6) The proposed development plan is compatible with the surrounding neighborhood. Staff did not observe other porches or additions on these segments of Stirling Drive or Sheoah Circle as close to the rear property lines and believes the proposed replacement is incompatible with the surrounding neighborhood. The house 2 doors down on the same side of the roadway, at 899 Stirling Drive, at the corner of Stirling Drive and Sheoah Circle, appears to be built close to the property line, but not as close as the proposed sun room. On the other hand, in July of 2007, the Highlands HOA did authorize the porch to be replaced with a sun room on the same slab. BOA ACTION: At its December 6, 2007 meeting, the BOA held a public hearing on the waiver request and voted 4-1 to recommend the waiver request be approved. The prevailing side stated how they feel the applicant's request meets all of the necessary criteria. RECOMMENDATION: Staff recommends denial of the setback waiver request since we believe it does not meet all of the 6 criteria. The Board of Adjustment voted 4-1 to recommend approval, believing that the request does meet all of the necessary criteria. ATTACHMENTS: A -Application package B -Location Map C -Highlands Section One final subdivision plat D -Highlands HOA documents E -Draft BOA Minutes F- Pictures COMMISSION ACTION: ATTACHMENT A CITY OF WINTER SPRINGS COMMUNITY DEVELOPMENT DEPARTMENT 1126 STATE ROAD 434 ~0~6'] ,l WINTER SPRINGS, FL 32708 ~1S~v 407-327-5966 FAX:407-327-6695 BOARD OF ADJUSTMENT APPLICATION ^ CONDITIONAL USE /SPECIAL EXCEPTION ^ VARIANCE WAIVER `~ C' APPLICANT: ~ ! ~ VN a ~Q,: ~- u/l ~ ! Ja y[ , ,.Q ~ CJ [ ,y ,~ ,~ Last f First Middle MAILING ADDRESS: ~ CI I ~ ~ 1~ I i vta ~~ ~ ~-~+2 U City State ' Zip Code PHONE & EMAIL (D ~' ~ ~ ~ - ~{ ~ 3 3 If Applicant does NOT own the property: PROPERTY OWNER: Last First Middle MAILING ADDRESS: PHONE & EMAIL city State Zip Code This request is for the real property described below: 1 PROPERTY ADDRESS: ~ Cl ~ S ~- t ~L. j ~ n q ~re [ ~i ~ l-! ~ ai ~, ~ a-c.~ ~ S ~ r-1- TAX PARCEL NUMBER:_ ~ ~ - 3 ~ - 3 y - S!~ ~ - o o a ~ - ~S! C~ SIZE OF PARCEL: ! 2~t~-Qa..2 QI~,_l-d.,!al ~u ~ !„~ 1~c.~ G,, l~S' Feet Acres EXISTING LAND USE: S i y1 4 ~~ 7~Ci. vn ~ I ,/ y(9 S c ~QD ~ti ~-< <:~ Current FUTURE LAND USE Classification: ~ 2 S_, ~~- ~• «-~ ! 4~ c~ d z ~S ~. ~ U Current ZONING Classification: ~~'[- Pile--ase state YOUR REQUEST: ~Q~ v~lZ -p ~ Fj ~-~ . ~[a2 ~/ ct~ S ~ ldcr c 1= ~•+S~ `"'J ~~ S la. ` •~ S c n,ae.t ~~ - i..... ~elc pn,eclti ~-•,~ c.u~k-.4as ~~- 3 ~ ~.,. -1-t.~ - ©~ ,1~.~.2 .~ a.,~P so~- ~O~.ck- . ly , s`~ ~ ,~ (Q e~ ~ t s ~- ~~ si,+~e~tc.~ -,~. ~orLc~ w~~ S~ r~ ~ ~~s~-~~ c~-u.u~.e sta.lo Mazch 2005 The APPLICANT IS RESPONSIBLE for posting the blue notice card (provided by the City) on the site at least SEVEN (7) DAYS prior to the Board of Adjustment Meeting at which the matter will be considered. Said notice shall NOT be posted within the City right-of--way. All APPLICANTS shall be afforded minimal due process as required by law, including the right to receive notice, be heard, present evidence, cross- examine witnesses, and be represented by a duly authorized representative. The CITY COMMISSION shall render all fmal 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 forma] 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 maybe 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. ^ 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). ^ 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 maybe 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 ~5 0 VARIANCE TOTAL DUE ~ 5a ~ 2 March 2005 By submitting this application you hereby grant temporary right of entry for city officials to enter upon the subject property for purposes of evaluating this application. **********************************************»**********~***********a**************** FOR USE WHEN APPLICANT IS OWNER OF THE SUBJECT REAL PROPERTY: This is to certify that I am the Owner in fee simple of subject lands described within this Application for Board of~Adiustmeirt considl;raiieru7 <~ of Owner ~~Jo~~,~~ e.l Sw o and subscrib fore me this day of ~( 20~~ Personally Known ~_ Produced Identification: (Type) ~ L ~~ Did take an Oath ~ Did Not take and Oath G~ l~~l~ otary Public My Commission expires: [~ }~,~p~s NNE ~ „'^ Ccnrrd~ D00111~ Ex?:as t?!!Q~l6M Florida 1"b1ryA~t, Ino ************************************************************************************** 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: Mazch 2005 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). 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? S~~- aQti,t~ j~~ n ^ 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? ~~ ^ 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 ? y e S , Lu-R ~„~ s <. A-aR.t -2C~--ran. yOvc..~i ~ i c cs-.1so..~,,~ CONTINUED ON NEXT PAGE 4 March 2005 ^ Will the waiver diminish property values in or alter the essential character of the surrounding neighborhood? 1~ ~ ^ 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? ^ Is the proposed development plan compatible with the surrounding neighborhood? vQS March 2005 Map Output Page 1 of 1 J _, ~' 43~ ., .. ~~ ' S' 7h 73 ~__ •5~ H~ 51 OMO:1'~ 5~. - 81 ~}$- ' •53. 32 '' r~/ ~44 47 4d 4v d,~ 33 ~` B TRA oio 7 ~,~ o o ~; r {~1A0 9~4 ~ TRAG'T ~ - .. `-~ i d ~ 3 ~ 2 D169 ~° ~! '~ 5 ~ .. Seminak.Couniypio„ ~iy. ppra~erv~opyri~hijC)2DD0- ,~ 1 i $~" U serectea Features r~~ t?teBuifetPotygons ti~eHuilerTarget County Boundary Streets re~9Y ~/ Suf;idinhs7an Lines ~arceFs ~ares3l Mno http://simon03 .scpafl. org/servlet/com. esri. esrimap.Esrimap?S erviceName=overview_sma... 10/ 17/2007 Buffer Results Page 1 of 1 Rec Parcel Owner OwnerAddr City State Zip 1 2720305DJ00000460 GRANT LLOYD M & CLARE L 896 STIRLING DR WINTER SPRINGS FL 32708 2 2720305DJOA000000 HIGHLANDS HOMEOWNERS ASSN INC 2200 SHEPARD RD WINTER SPRINGS FL 32708 3 2720305DJ00000490 POUNCEY LEONARD S & NANCY S 893 STIRLING DR WINTER SPRINGS FL 32708 4 2720305DJ00000430 DEPTULA MARY A 888 ELGIN DR WINTER SPRINGS FL 32708 5 2720305DJ06000000 HIGHLANDS HOMEOWNERS ASSN INC 2200 SHEPARD RD WINTER SPRINGS FL 32708 6 2720305DJ00000480 MOCK ALISHA W 894 STIRLING DR WINTER SPRINGS FL 32708 7 2720305DJOH000000 HOMEOWNERS ASSN INC 675 SHEPARD RD WINTER SPRINGS FL 32708 8 2720305DJOH010000 HIGHLANDS HOMEOWNERS ASSN INC 2200 SHEPARD RD WINTER SPRINGS FL 32708 9 2720305DJ00000510 GILMARTIN DANIEL O & ALICE E 891 STIRLING DR WINTER SPRINGS FL 32708 10 CREWS JESSE D & LISA A 11 2720305DJ00000530 FOSTER HOLLY 889 STIRLING DR WINTER SPRINGS FL 32708 12 2720305DJ00000320 SEXTON JACK G 877 ELGIN DR WINTER SPRINGS FL 32708 13 2720305DJ00000520 STEELE CYNTHIA A 890 STIRLING DR WINTER SPRINGS FL 32708 14 2720305DJ00000470 RHODUS ALAN E 895 STIRLING DR WINTER SPRINGS FL 32708 15 2720305DJ000OD570 RUTHERFORD ROBERT E & 873 FALKIRK DR WINTER SPRINGS FL 32708 16 2720305DJ00000500 GRIMES THOMAS E & ANN M 892 STIRLING DR WINTER SPRINGS FL 32708 http://simon03. scpafl.org/servlet/com.esri.esrimap.Esrimap?ServiceName=parcel_view_s... 10/17/2007 lPll Iltnr~ yeti'°~„.~ 34~i8 ~T~~' `Ism.::: +~'ietrununi~ ~nli~pst I]ept. ~~. :~_ ~!'mtzsr ~~ 1~!ear ~r_-~aice~ Pe; your. d"uectian, l atn subsuittmg a-request. for a eraiver to the t~ .foot rearyard setbacJc at:my home.at ~9l ~ l~ri'ih,~+e ~~ 3*l When my wife and l purcha.~cl the home: in May .of.1.989, tbe: -in:back:.po~ .was. ~.existvgg feature ss9'!h"ihe home..:The scram=m'l~lc "is ms ~ sib l~* ar.~ltsails ~t~- t1t~ As,~ ear se+e ~ tip enclosed smve~ of t~ rEy,-tl~e. ~ s~-ia back;porch is 4 :inches from the rearyard,property line. Also enclosed is a cc~y.of the description of the property from the Seminole GOUnty Property'Appraiser's page -vhere ~ealur~air-um screen porch vvitfi concrete: floor is ide~i~d on as. an "lima feature'' of tl~ hom~e_ "['l'ee very foci: tl~ the scre'ened'-in 6aek parch is listed on the Property Apps~ser's page for the .pmaperty is an .indication chat ibis improvement was a ~onse ~~t The current screened-in .porch Fias aged. At this time, we would 1~7ce to replace the screened-in.porch with a sunreom. '"Tl3is impravement wi"~] =be place3 ar- the ezi~ing-~h~ and ~e ~exi~t`it-g, old ~ltsri~um r'tm~'~Tl he. ~. Thep of a sunraom on the. existing:slala. wdt e~ tecluixe fm t4 the cue slab. Please that l have been apprrived by the 1~ghlands N+Qm~~vners Assc~ciatxrn to make this improvement m my home_ A copy of their approval Letter is etticlc~secl: I appreciate your assistance io tiles matter. Please notify me ~l'~hen this item will carne before xhe Board of lt~~rmerrr S" ly, Daniel ~_ Gilmartin l8 YearResidem of the City of Winter Springs Enclosures: t. Survey of 841 Stirling Drive 2. Property Appraiser's. page for 891 Stirling Drive 3. cmpy of Approval from fIigltlaiuds Hcrmeuwoers Assr~eee~inre C: Commissioner Sally McGinnis, City of Wiener Springs Bonnie Whi~len, Highlands 3-lomeown~s Association NOTES: 1. TH15 SUR WAS PREPARED FROM TTFLE ~ifORMATKIN FURN4SHED TO Tt-IIS SlY•RVEYDR. THERE MAY BE UTHER RESTAK TK1N5 OR UNRECO EASEMENTS THAT AFFECT THIS PROPERTY. ' 2. NO UND ROUND IMPROVEMENTS HAVE BEEN LOCATED UNLESS OTHERWISE :MOWN. 3, THIS SUR l3 PREPARED FOR THE SOLE BENEfR OF THOSE CERTIFIED TO ANG S}i0UL0 NOT BE REUEO UPON Err ANY UTHER ENTfTY. 4: DIMENSIO SHOWN fOR THI" LOCATION OF IMPROVEMENTS HEREON SHUU[D NOT BE USED TO t+ECQNSTRUCT BOUNDARY LINES. 5. BEARINGS RE BASED ON RECORD PLAT DATUM AND ON THE LINE SHOWN AS Br~6E FEARING (BB;. 6. PROPER HEREON LOCATED IN ZONE ' X" PER F.LR.M. COMMUNITY PANEL N0. '20285 01:~ E DATER 4-17-95. ~CCSt "~ r 'c ~re Delia Angle Radius Aro i ;~e'45O6` 2O 0D 13-53 ' ~ ~ 4545' 48.57 48.88 1 Z~j ~ , ° ~ ~ ~ ~ ~ ~ . j ~ ~.~ x h s1 ~ 3 ~J. !~ ' ~~ a is ~ 0 `/~.^ . A ~ I •. ~9~ .g ~C1A ••• q. 4~ ~ ~~. ce .! i °i i i••°••• N •.•• •i•ia••°.• inf. '~ p9. ff.•••••~°' • ~~~••. ~e•r• +...++++•.• p~ ~ b . V••••••• RECRB • ~+. LC. C~ •i:i: ~~ ~~ REOx.plT `~ ~D ~O • ORNEWAY ~ ~, t1~ P AG A . o^ R.P. ~ ~~ ~b~ S~ • /\t, ~~ `~ ~;` V- ` llV ~ ~/A _ .Y • r ~~~ ~ 5 1 S~~,~41~~ y ~ ~o ~ ~` ,~ , ~ 4. ~' ~ ` ~~ s ~ iy~ l~ , ti4 \` ` , ,Qt~Ei ~ v ~, ~~ CITY GF WI;~^ ~ ~_ CERTIFIED To: Perrn;tin~ & sic , , DANIEL D. 8 ALICE E GILAdARTIM FIRST UNION MORTGAGE CORPORATION ALE 1' - 20 ~ ~ ~ ~~ T OMAS HH WARLICi(, P.A j v DESCRIP ON: LOT 51, THE HIGHLANDS SECTION ONE., AS ~ OF THE PU6LIC G+I'r'~/ O F Y v l NT E U O ~E RECORD~ CO NTY, FLORIDA. F EM NO I JOB Nfl.: DO-YDl - LEGEND L-i~c"d CAI~~lE7E Rte" • RECOVERED 1. 1 GP. - JtON P1PF PRG PONR OF FfVERBi cuRr ' , Elounda L~~ r- ry SURVEYC~;. ~(1 ~ 4:65 "°` va;a ""n,an °'° saw ana ~ aipns'rt~d seal oft Fbi0i ktlrx4 tu"~ tnd wtppv. Aooroors tut aelstaa b bwty wq~s or ~epons hr DATE' FfI=LD: 2-28-DO 1 4G - RiEeMSE CtP r RP.-MUN;s F0M ~,,.-pNCa;:'iEUON~ueEwt R -RPaIUS e f o~ ~c Mapping aF~t1,~1he5i~R.IQPnryvwwtie a~ai w;row,M cau~ei ~I v~ 51GNEt~: D2-29.OD R , P9 - RFTt+t i . ~ RAD.-Aww a-cEMM1 M1CiF N.P. • KK)TMDMt u~, uamEASEMEfr ,:. _ ASSOCi2t>rS, InC. t~P~e card ; II DRAWN B Y: JJNB I°S -PER PUT DF- DRNNtc,E fFS'..AEwi Ih4 - w-+:~suaEO t.E. URDA"lPEEA5BV5K Ipy 4VE5T ORANC~t STREET Fl IO)JTE SFK;hiGS LT ~ I ~ (~. (01 • PER DEbCRNRDN Sf- SIOEIYLN ~PtEsfEKi PAL-PdMOMUNE PP- POHFA?OL , A AA 37714 / P.C.: F. ~~ P,t. -roINTGf0l1RVATURE -x-pWNIniNFeNC[ P,7. -POINT OF TANGENCY -C.L YYJ0UEP:FE7CF __-. aiidU7)695-115` C -.`--_ JN ~ri.lb SON-SAS42~4? x Rs 1' ~ . !~'7 F r-:!tvG~• using ~~ SPRINGS Seminole County Property Appraiser Get Information by Parcel Number ~ ~ ~' ai Dl-vIDJOHNH~t]H,CFA,A3A '~ 3] "~ .v r~ V' •n a2 ~`l~' ~P'1~F~TY .aa APPRI5ER ~3 F,:, ' S,~~~ ,¢n:~ BEM,INOLEr~D~UTtIIYFL OH01- {52 S3 `I SQ1 E. Fl~is'[sr ~ ~ ~43 dd 9A N Foutv4 Fi,.32771-1468 4D"1-~8Fa5,v7508 d7 15 _ ~ .....,. 8 ~ ~T~ GENERAL Parcel l d : 27-20-30-5 DJ -0000-0510 Owner: GILMARTIN DANIEL O & ALICE E Mailing Address: 891 STIRLING DR City,State,ZipCode: WINTER SPRINGS FL 32708 Property Address: 891 STIRLING DR WINTER SPRINGS 32708 Subdivision Name: HIGHLANDS SEC 1 Tax District: W1-WINTER SPRINGS Exemptions: 00-HOMESTEAD (1994) Dor: 01-SINGLE FAMILY SALES Deed Date Book Page Amount Vac/lmp Qualified WARRANTY DEED 05/1989 02074 0832 $72,000 Improved Yes QUIT CLAIM DEED 02/1987 0_182_8 0035 $100 Improved No WARRANTY DEED 07/1984 01599 0048 $65,000 Improved Yes WARRANTY DEED 03/1981 01327 1217 $60,000 Improved Yes WARRANTY DEED 01/1977 01139 0753 $37,500 Improved Yes Page 1 of 2 2007 WORKING VALUE SUMMARY Value Method: Market Number of Buildings: 1 Depreciated Bldg Value: $161,036 Depreciated EXFT Value: $952 Land Value (Market): $35,000 Land Value Ag: $0 .n~st/Market Value: $196,988 Assessed Value (SOH): $93,294 Exempt Value: $25,000 Taxable Value: $68,294 Tax Estimator Tax Reform Analys is 2007 Notice of Proposed Prgper~y Tex 2006 VALUE SUMMARY Tax Amount(without SOH): $2,658 2006 Tax Bill Amount: $1,173 Save Our Homes SOH) Savings: $1,485 2006 Taxable Value: $66,019 DOES NOT INCLUDE NON-AD VALOREM ASSESSMENTS LEGAL DESCRIPTION LAND < PLATS: P~~k••• r9l Land Assess Method Land Unit Frontage Depth Units Price Land Value , : LEG LOT 51 THE HIGHLANDS SEC 1 PB 18 LOT 0 0 1.000 35,000-00 $35,000 pGS 95 + 96 BUILDING INFORMATIO N Bld Bld Type Year Base Gross Fixtures SF Living SF Est. Cost Ext Wall Bld Value New Num SF Blt SINGLE CB/STUCCO 1 FAMILY 1974 6 1,583 2,203 1,583 FINISH $161,036 $188,898 Appendage 1 Sgft OPEN PORCH FINISHED ! 44 Appendage / Sgft GARAGE FINISHED / 552 Appendage !Sgft OPEN PORCH FINISHED / 24 NOTE: Appendage Codes included in Living Area: Base, Upper Story Base, Upper Story Finished, Apartment, Enclosed Porch Finished,Base Semi Finshed Permits EXTRA FEATURE Description Year Blt Units EXFT Value Est. Cost New ALUM SCREEN PORCH W/GONG FL 1989 280 $952 $2,380 Assessed values shown are NOT certified values and therefore are subject to change before being finalized for ad i tax purposes. http://www.scpafl.org/web/re_web.seminole_county_title?PARCEL=27203 05DJ00000510... 9/12/2007 Highlands HOA, Inc. c/o World of Homes 2200 Shepard Road Winter Springs, FL 32708 Daniel O, Gilmartin 891 Stirling Dr. Winter Springs, FL 32708 rofessionally Managed By: World of Homes 884 S. Osceola Ave. Orlando, Fl 32806 elephone 40?-770-1748 Fax 407-770-1792 mail: World@WorldOfHomes.net ~nsite Manager: Bonnie Whidden ighlands Office 407-327-0640 ARC REQUEST APPROVED Tuesday July 24, 2007 Ref: 891 Stirling Dr., Winter Springs, FL 32708 Dear Mr Daniel 0, Gilmartin: Please be advised that this letter shall serve as your approval notice for the ARC request submitted. Please save a copy of this approval for your records. You submitted a request to replace existing screened in back porch with sunroom. All on existing slab. New roof and replace fence. Any exceptions are noted on the comments portion of the form, a copy of which is enclosed. Thank you for abiding by the association's rules and regulations. Sincerely---~ - ~~~ Property Management Deparhnent Cc: Board of Directors ARC Committee Owner's File Enclosure: ARC Form Page 1 II; -!LANDS HOMEOWNERS ASSOCIA3'I Request for Architectural Change '='ii:s request orrn is to be completed by the homeowner and submitted for approval prior to any work commeneing.; ivlaii or ice: the complete.', fo~-rn tc_ _. - Highlands Homeowner's Association c!o Worid of Homes .. - 22GiI Shepard Road Winter Springs, F':. 327ft8 Fax: (4G7} 327-11644 if you have any questions concerning this application, please refer to your Declarations of Covenants and .Restrictions, or contact World of Home via phone at (407) 770-1748 or (407) 327-0640 or via e-mail at world~;vorldofhomes net. OI- i-~i~hlandslahoa(a~aol.com *?YOTE: X11 requests must conform to the ?oca? zoning and building regulations, and you must oliaiu till n~cessary~ perrntts if your request is approved by the f1RB. This request is ;valid for ~~ days from point of acceptance~ *~`**ANY CHANGE 7N PLANS ORIGINALLY SUBMITTED ItEQETIRE A NEW ARC & NEW PLAN TO BE APPROVER l3X ARC COMMITTEE.**** Name: ~ ~` ~. ~ 1, ~ G .rL ~! ~ .~.: ~~. ~ , .. r j Phone: .~I{~ .fug `fo% °~35.~~~~ I?escribe the change (i.e. porch, enclosure, etc }• ~~_5_ `+ ~ ~-`.c~ S' j ~. $~, ..~ gip: _ : .~.~ ~ r Lot No: -~- (_i~ : "~''~'". L.E. !+t ~~~c"~zy^- ,.~~ ~ ~ LY'. i.oeation - Attach a copy of lot survey or plan showing location of addition Specifcattons - Attach a copy of plans, permits and describe the following: F DvneASions: .5 -~.. ~.- Mater2als• ~.~ ji..l-Y/La Y~L~- V~ li~~Q~ [1 _( j _ [~ - e. l ~~ !~. ` ll ~ ,/. ice. i / Color: Attach colors ]es) ;,~.~~ ~--Q Lra'E>lity ~,take,{rllrespo'rsa~`iiit,~r~~rr~~ers , t`e _arurr Ass~cid~on properturlu~zngYjie:en~nsn~o~i~.a r€t~;r.,....,_~.. a._-._s , . __ of'the: ~p~ravta,q,~i Homeowner Date Received- Architeciurai Revieav Committee Decision: ue '~, _ ¢-R emi~ers' i . atones Date: f / ~~ ~ ~, .. , l~ ~ 2~ 3 3"~ Couaments: gratstee Date: ~nas tcameowner's cust.;commend wank u_ c '; Date Forwarded to ARC: st A rover ~ Rem=Jest Denied I)IC~ SuF-a_s;ocIaao:: Approve Request: For Mew Construction & l+~Fa'or Renovations For New Cor:s7uction & Ivsajor t~enovations Date Decision Comm:a~aicated to Owner; j - ___ _ _ - _ ----1 F r a b a~ i~ .~ --' o E ~° ~'_ (V -~- b° -~,~ 0701 .~ 07 ~ po' 704 i U 06 C+ 74 4 ~.. B ~ U 64. A 705 j t 7ni ~ Sta. #2 Courts ?` ~ `~6?0 6211629'616 ~ ~," WATER ~ { or nur ~ ~ ~ ~~~' _ ~%~-~ '° ? ~ t ~ ~ s 1 ~t 60u ~ ~ ~60 6~~ ~ 6~1 1 Continued Pg 2405 2 3 4 5 Continued ~Pg 2406 6 , 7 8 ~'' ti ~ 1 M I ti ' r' •~ ~ NOTES: ~ ~ • ~~ ~~ 1 ~ • ~ ~ n/, ~ ~.ZS • tP • r 2 ~ • ~ ~ _ P EPARt~ F'.I) - • a - - t'-~' '~ `o 1 =. ~ = Municipal Address Map Book Z°° ^°° ~ PRINTED: RE4ISED: Feel • Es Apr 2005 1 : 2 : 3 •• ~ ~ RL R City of Winter Springs FL P 2402 g , a e ueve~opea ny: .~aurnearrern ~urveymg Qc Mapprng c.~orp. ATTACHMENT B ~ NortherrTBoundary • v _ E B ° ° a g ~ ~ ~ ~ ` ~ 3 € $ s ~ ~ ~ s A Z ~ v 4 •g = _ V~I~~ =a B~ ~ ~ ~~~°i ~~ ` ~ ~y~ `V~ ~ ~ _ .1 n ~ b ~ ° E ~p y = ~ ~ 4 i E y. ~~ :W F • ~~ ja 0~ ~ W ~ ° i W ~ m ~~ O O ~ o i ~~ ° _~ oN ~ ~ v > ma y a8 ~o g~o~ v Q~ ~ 3 sa~W 3€~~ ' iQ ,, 33 g ~ ~ P~ .~ gz x3 ~ ~ O O ~Q Q v~~ ~~ '~• ~ W aj O ~1 O Q°oO J (~ ~rr^^ `) ~ vJ t~ Z Q V h W Q ^^G ,<p *,~ Yat . aQr~, Y CCN ; °€ e gyro- ~ 2~l ~ icy ~ ;~; c ~;. ~ ¢4" t Jzi n^? 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AYM r ~ ~ ~ 2 4~ Z ~tl •. ~ •~ a ; ;~• 'a tp :e 'ter' o q~~~a ~~a c ~ ~., `~'~ 1 + ~ ~~''~$+:•' 3\' `~' t;~;,:-': • chi ` ° 4e . ~s i~ ,,..c =e K.o ,1 = g e ^~ w~•'oti~,t , (;' ~, .3'$~ri~l / gip` ~~.: f ~'i'4~u 9,(r ~ .. ~n '~~. oa \3'~ ~e , ice ~ ? t .v ~v ~ ` Ca k~.. 2N ~' ?.E "6a,, z,~,i//n~ r r \ ~__~+ /i ~ "y• '~'">°fr ~« c 'e• °yYC c ~tc'r ~3 .~-i~ •/itG'~ t- <`~ ~ t_ .~.~'s%, r war ~, ` M_a~ ~~~ P . c 2 `..~Z t.,~i zQS ~1n P+a' \~t'a- (•~ i t~ 1 n Vf ~'`,p0 ~ b:•f4 `. ~P 1s c°:~ Z~~„~~.3" fir,'-.<• ,~ , ,. ~ ~ ~ W ° _ +~ '1'~wi~~ mf °2\ ~r ..+, ~(D•: ,.a..t_i b ` N C'" z ` '` 'EiaE E. _ - .I ~' ATTACHMENT D ~ ~ r ~ECLARI~TION OF COVENANTS, C~NI~ITIiNS ANA RESTRICTIONS ,. ~/ - . ~ /. ,~ r - .. E 20, 1984 J ,~ x ARCHITECTURAL REVIEW BOARD OF HIGHLANDS HOMEOWNERS' ASSOCIATION, WINTER $PItINGS. FLORIDA DESIGN GUIDELINES I. ARCHITECTURAL REVIEW BOARD FUNCTIONS The Architectural Review Board (ARB) of the Highlands Homeowners' Association (HHOA) was established in 19T3. Its duties are presented in HHOA Declaration of Covenants, Conditions, and'Restrictions, recorded in the office of the County Clerk of Seminole County, Florida. The ARB shall function as follows: A. to promulgate from time to time residential planning criteria for the Properties. However, any such planning criteria shall be set forth in writing and made knows to all Owners and to all prospective Members of .the Association. Any residential planning criteria promulgated by the ARB shall be subject to final approval by the Association. Said residential planning criteria shall include any and all mattexs considered appropriate by the AR$ sot inconsistent with-the provisions of this Declaration; B. to approve all improvements of any kind or description to be erected, constructed, or maintained upon The Properties and to approve any exterior additions to or changes or alterations therein. No improvements of any kind or description whatsoever shall be erected, ox the erection thereof begun, or -change made in th.e exterior design thereof after original construction of any hot or Living Unit in The Properties until the complete plans and specifications and a plot plan showing the location of the structure have been approved by the ARB. Two complete sets of plans and specifications showing the nature, time, ;shape, height, materials, and location of such proposed improve- ments must be furnished to the ARB and approved in writing by the ARB as to {1) quality of design, workmanship-and materials, (2) the harmony of the external design, and (3) location in relation to surrounding structures, topography and finished grade elevations, prior to the commencement of any construction thereof. If found to be in compliance with the restrictions set forth herein and the criteria established by the ARB, and, in the opinion of the ARB, consistent with the planned develop- ment of The Properties and contiguous lands thereto, one set ` of plans and specifications shall be returned to the Owner or builder marked "Approved by the Architectural Review Board of the Highlands Homeowners'- Association." Such approval shall not be effective for construction commenced more than six (6) months-after the approval date. If no action is taken by the ARB within thirty (30) days after their delivery to the ARB, they shall be deemed approved on the thirtieth (30th) day following such delivery provided that such plans and specifi- cations do not alter the Land uses for such property contemplated on any existing PUD Plan and subject to the right of the Association to enjoin any construction that does not comport with the restrictions set forth herein. The ARB may require payment of a cash fee, not to exceed fifty dollars ($50.00) with respect to any one Living Unit or structure, to partially com- pensate for the expense of reviewing pleas and specifications, such fee to be payable at the time the-plans are submitted for review; and C. to require to be submitted to it for approval any samples of building materials proposed or any other data or'information necessary to reach its decision; D. notwithstanding anything contained herein to the contrary, the ARB may not .limit densities below those approved by the City of Winter Springs (formerly, "Village of North Orlando") for the PUD Plan referred to ixi Section 2.1. II. PIIRPOSE OF GUIDELINES AND CHARACTER DESIRED A. Pu ose The purpose of these design guidelines is to provide visual control and protect the character and integrity of the Highlands community. The desired result is the maintenance of high property values and the provision of a pleasant livable environment for all residents. In accordance with the Declaration of Covenants, Conditions. and Restrictions, Article BI, Section 11.4 Enforcement, enforcement of these covenants and restrictions shall be by any proceeding at law or in equity against any person or persons violating. or attempting to violate any covenant or restriction, either to restrain violation or to recover damages, and against the. land to enforce any lien created by these covenants; failure by the Association or .any .Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter; and in enforcing any of these covenants or restrictions the Association shall be entitled to recover its costs, expenses and charges including reasonable attorneys' fees. To insure that development will occur according to the limitations of use, design, coverage and phasing as stipulated on the pre- liminary and final development plans. -2- C~ ~ ~ : 1. All roof vents-and turbines are to be painted to match the color of the roof. 2. All electrical and wind operated vent turbines are to be located on the rear slope of the roof... A1T other. roof vents. are to be located on the rear slope if possible. E. Floor Areas 1. Minimum. square footage of floor areas for single-family dwellings are given in the following table: Minimum Net Interior Dwelling Unit 'Usable Floor Area Two bedrooms 1.050 sq. ft. Three bedrooms 1,300 sq. ft. Four bedrooms 1,400 sq. ft. Five bedrooms 1,600 sq. ft. I 2. Footagea given are for net interior usable floor area of the main structure, exclusive of basement,. patio, open or screened porches, garage, guest house, and. other outbuildings incidental to the residential use of the premises. Interior square footage beneath a ceiling height of less than sevea feet canaot be included as usable floor space. 3. All single-family detached units must have double garage. T_ IV. SITE PLANNING A. Site plans for each building lot are to be reviewed and approved by the ARB. B. Building Setbacks 1. Single-Family Housing ~x~' C:. a. Building setbacks for typical lots are to be as follows: ,.. (1) Front yard:. 25~feet ------ ~. J (2) Side yard: 7~ feet ~~_ 'f ~.-%~L'• !~ ' (3) Rear yard: 25 feet t -- ~ ~ k - (4) Corner side Iot: 15 ,feet ~ - __ ., -4- ' i5=~ ~,, ~ ._ ~ - r ~1 :, 2 ~ /- I . ~ ~ ~ • y ~ i 2. Multi-Family Rousing a. Front yard: 25 feet b. Rear yard: 25 feet ' ~-~ .- c.) Distance between buildings: 2U feet ~ - - ` .~ ~ ~~, -~ ','3. If deemed desirable, the ARB may vary building setbacks for -~ ~~ "~`~ smaller lots by granting a special exception. ~;fl 4. Where a number of houses are being built on ad3acent lots d"~~(,} by one owner, a zero lot line. side yard must be approved by the ARB. -- r C. Fencing 1. AlI plans for fencing are to be reviewed and approved by the AR8 before construction. 2. Landscape screening or fencing is mandatory on side and rear lct lines abutting Sheoah Boulevard, Sheoah Circle or Shepard Road where natural screening is not adequate. These fences shall be uniform in color and design.. Landscape screening of - a permanent nature is~preferred (close-grouped planting, hedges, etc.). The approved ARB color is Acrylic Latex Stain ~~' Platinum Base 37I B-8 C-36 I-32 KIT which may be obtained from Color Wheel Paint Store, or "Rings Canyon" which may be obtained from the Glidden Paint Store. 3. For.uniformity all new fencing must expose the good side out, be of cedar, grade D or better, 6' high with 6" boards. The design may be dogear-clipped, or shadow box. See Exhibit A,~ Design ~1 and #Z. No chain-link fencing allowed. ' 4. All fencing must be stained oa the outside with an approved colas. Color. choice must be submitted to the ARB prior to purchase or application. Color must be a soft, muted natural earth tone. Fences may match the house color but must not clash with abutting fencing. No bright, dark or white colors will be allowed. The ARB has the right to reject any. color it deems not to be in keeping with the natural setting of the Highlands. Fences will be maintained and in good repair by the property owner at all times. D. Air Conditioning Units ~ Air conditioning units are to be screened from view of the public by planting and/or fencing. -5- ' . ~ r ~ { t p E. Screening All screening for pool enclosures and porches is to be black or gray. Green or silver screens will not be allowed. Aluminum must be bronze in color. F. Wells All plans for wells shall be submitted to the ARB for review and approval. G. Play Structures All plans for play structures shall be submitted to the ARB for review and approval. Location of play structure must not interfere with rights of the adjacent. property. H. Exterior antennas of any type may~ot be erected. !~; G ~:;' ` ~i~L.'r~ ~ ~~ V. LANDSCAPING ~~ 7~_. A. Preservation of Existing Trees All trees larger than six inches caliper are to be preserved unless they direcily ante=fere with building construction. No trees larger than six inches caliper may be removed without prior per- mission of the ARB. B. Planting and Paving 1. Use of color-rock surfacing or paving in place of living plants will not be allowed. 2. Driveway paving is to be of concrete with no color added. C. Lawn OrnamenCs All lawn ornaments shall be reviewed and approved by the ARB before installation. VIA MAIL DELIVERY BOXES AND STREET ADDRESSES i A. Curbside Delivery Boxes The U. S. Postal Service requires curbside delivery boxes for single-family subdivisions. To provide an overall attractive appearance, a standardized curbside delivery mailbox is required ~ as specified in Exhibit B. -6- ~ ~ -• • r ~ i • VS ~/~ MAI ~ j~l' LJ f ~ ,,,., 'STANOkR.O Hk~LCAK / PhiNTEt? 0~~1~- or- , • ol-ii-c E~R.Tti- -?OBE i 4x4- Woraa R~s7 ; oR ' jM6Tl-l. R'>ST ?A-NTSD ;D HA~•Ci+ MA1Lg~}C . '~ . ~ ~~ p'~ " ~-- . ~ • 7 , f ' Custom mailboxes shall be reviewed and approved by the ARB before installation. B. Clustered Delivery Boxes For apartments, townhouses and patio houses. grouped mail delivery boxes will be required. Acceptable standard designs are as shows in Exhibit C. C. Street Numbering 1. Street numbers planed oa mailboxes or on houses should be white or dark gray and of a simple, legible design similar to those shown in Exhibit D. 2. For legibility, numbers placed on houses should beat least 4" high and not to exceed 8" high. oII. APPLICATION, PROCESSING AND APPEAL A. Application I. No improvements of any kind, and no external alterations, additions or changes shall be made until an application. including plans and specifications for such improvements, has been submitted to the ARB and approved by it in writing. The following plans must be submitted to the Architectural Review Board in duplicate for approval: a. Preliminary Site Plan .b. Final Site Plan c. Exterior Elevations d. Floor Plans With Square Footage i e. Cluster Plans f. Color Samples g. Exterior Materials h. Signs i. Landscaping Plans j. Fencing Plana k. Construction Trailer Site -7- r T.' . .~. ' ... :~a,;. .~a~'• ' ~ J' ti si~~, >(r ~' •~1ti wig: ~;t .:~ • .] :r ?. ~~~` .. . ti~~ . ~t' '~. .~ r 7 j t v C~ -, ;.c1 Q U }-- W J W 2 ..'•^ L..._ ~ ,____. ~t 1. Dempster Site m. DCCxs n. Plot Plans ,D.-~Dr-aitiage Plans -- ~ -- - - -. j All changes in plans during construction regarding exterior ~• elements,or_materials must have the_ppisr approval of the AR.B. .~ --~ . 2. An application shall consist o LZ3nRrrere-sets of plans, specifications, plot plans and any other material including .color samples. required by the ARB to fully describe the proposed improvements. $. Approval ~_:-• ., , • ' 1. ARB approval is not complete until both. the preliminary and final site plans have been submitted and approved. When the complete application is received the ARB will approve or dis- approve in writing, regarding its satisfaction of these design guidelines. and as to: a. Quality of design, workmanship and materials. b. The harmony of the external design. c. Setbacks. Location in relation to surrounding structures, topography, and finished grade elevations. 2. When approved, one set of plans and specifications may be ' returned to the applicant marked "approved" and giving the ~• date of approval. C. Appeal 1. A decision of the ARB may be appealed by the applicant in writing, to the Board of Directors of the Association. ~ 2. The Board will consider the appeal, and may affirm the action of the ARB or make such other determination as it deems appropriate under the circumstances. VIII. PLAN &EVIEW FEES A. All plans and specifications required to be submitted to the ARB shall be accompanied by a fee, in accordance with a fee schedule adopted by the ARB. -8- . __~ B. The fee schedule may be changed from time to time by the ARB. -For current schedule see Exhibit E. C. At their option, the ARB may allow the reuse of previously approved Architectural plans and specifications. If approved plans are reused, complete site plans must be submitted for approval. IX. Developers shall be. required during the construction period to control, regulate and maintain the development as to prevent the accumulation of trash and debris, on both the site and adjacent property. HIGHLANDS ARCHITECTURAL REVIEW BOARD PLAN REVIEW FEE SCHEDULE A. SINGLE-FAMILY HOUSING 1. Single Units For each total set of plans, including site plan, ~ fencing and landscaping. $25.00 2. Grouped Units by Builders .For each house model submitted (including master ' site plan, fencing and landscaping). $25.00 i 3. Re-use of Approved Architectural Plans a. Reuse of approved .architectural plans. No Charge b. Site plans for approved architectural plans. (1) Single site $10.00 (2) Master site plan layout $25.00 B. MULTIPLE FAMILY AND TOWNHOUSES I. Complete Plans for a Building Site. $50.00 2. Site Plans for Previously Approved Architectural Plans (per site). $25.00 EXHIBIT E -9- • r `ate dll Homeowners' Association. ~°`~' -675 Shepard Road Winter Springs. Florida 32707 (305) 323-3640 OWNER: OF: in the Winter Springs Highlands, hereby acknowledges receipt of the following documents pertaining to the design and construction of improvements at the above address, and to restrictions on the use and occupancy of the property: Design Guidelines - Single Family Detached Housing Declaration of Covenants Conditions and Restrictions By - Laws Articles of Incorporation Rules and Regulations OWNER SIGNATURE DATE ATTACHMENT E CITY OF WINTER SPRINGS, FLORIDA ~ ~~'~ UNAPPROVED MINUTES BOARD OF ADJUSTMENT REGULAR MEETING DECEMBER 6, 2007 CALL TO ORDER The Board of Adjustment Regular Meeting of Thursday, December 6, 2007 was called to Order at 7:00 p.m. by Chairman Thomas Waters in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Chairman Thomas Waters, present Vice Chairman Jack Taylor, present Board Member Howard Casrnan, present Board Member Linda Collins, present Board Member Karen Paine-Malcolm, present A moment of silence preceded the Pledge of Allegiance. PUBLIC INPUT No one spoke. INFORMATIONAL AGENDA INFORMATIONAL 100. Not Used. CONSENT AGENDA CONSENT 200. Office Of The City Clerk Approval Of The July 11, 2007 Regular Meeting Minutes. "1 MAKE A MOTION TO APPROVE THE MINUTES AS SENT OUT." MOTION BY VICE CHAIRMAN TAYLOR SECONDED BY BOARD MEMBER GASMAN. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES BOARD OF ADJUSTMENT REGULAR MEETING -DECEMBER 6, 2007 PAGE 2 OF 4 VOTE: BOARD MEMBER GASMAN: AYE BOARD MEMBER WATERS: AYE BOARD MEMBER PAINE-MALCOM: AYE BOARD MEMBER COLLINS: AYE VICE CHAIRMAN TAYLOR: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Not Used. ~RF,pT PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 500. Community Development Department Recommends The Board Of Adjustment Hear The Request For A Waiver From Section 6-86., By Way Of Subsection 20-354. (d) ('n, Of The City Code Of Ordinances, To Allow The Replacement Of An Existing Screened Covered Porch With A Snn Room At The Rear Of The Residence At 891 Stirling Drive (Lot 51, The Highlands Section One, As Recorded In Piat Book 18, Pages 95-96}. Mr. John Baker, AICP, Senior Planner, Community Development Department presented this Agenda Item and distributed an aerial picture of the Site to the Board Members. Mr. Baker read an excerpt into the Record from Section 9-566. of the City Code. Mr. Daniel Gilmartin 891 Stirling Drive, Winter Springs, Florida: as the Applicant of this Request, he thanked Mr. Baker for his assistance and addressed the Board Members on this issue. For the Record, Vice Chairman Taylor commented that the Homeowner's Association is managed by a management company. Discussion continued. Chairman Waters opened the "Public Input"portion of the Agenda Item. Ms. Nancy Pouncey, 893 Stirling Drive, Winter Springs, Florida: spoke in favor of this Request. Chairman Waters closed the "Public Input" portion of the Agenda Item. CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES BOARD OF ADJUSTMENT REGULAR MEETING -DECEMBER b, 2007 PAGE 3 OF 4 ~~ Vice Chairman Taylor stated for the Record that he was not in opposition since t~~ Homeowner's Association Architectural Committee approved the Request. "I MAKE A MOTION WE APPROVE THE WAIVER AS PRESENTED." MOTION BY VICE CHAIRMAN TAYLOR SECONDED BY BOARD MEMBER GASMAN. DISCUSSION. VOTE: BOARD MEMBER COLLINS: AYE VICE CHAIRMAN TAYLOR: AYE CHAIRMAN WATERS: NAY BOARD MEMBER PAINE-MALCOLM: AYE BOARD MEMBER GASMAN: AYE MOTION CARRIED. Mr. Baker said, "We will try to put this on the first City Commission Meeting in January [2008]." Mr. Baker added, "One thing I would request the Board Members who Voted for this, if I can show how this meets each of the six (6) Critieria." Board Member Gasman said, "It is an extenuating circumstance on this one." Board Member Gasman added, "There is no conflict on the Comprehensive Plan on the -first Finding and yet you say it is in potential conflict with Section 9-607. which was recently enacted." Mr. Baker said, "That is the difference between the Comprehensive Plan and the City Code." Board Member Carman said, "The second one you agree. The third one does not appeaz to violate the Building Code provisions for fire and tenant separation. However, you aze back on the zero lot line, which I don't really -this is an extenuating circumstance in this case because it already exists. Number 4) you said was `Okay'. Number 5) you said this is not the minimum request." Board Member Gasman further stated, "I think there is some variation in that also. And Number 6), the Homeowner's Association approved it, and as far as I'm concerned, if the HOA (Homeowner's Association) Architectural Board approves it, then it is approved." With further discussion, Vice Chairman Taylor said, "And it will save me the trouble of writing a letter just second him." Chairman Waters asked, "Does that answer the question as the Attorney wants it?" Mr. Baker said, "I think so." Tape 1/Side B CITY OF WINTER SPRINGS, FLORIDA UNAPPROVED MINUTES BOARD OF ADJUSTMENT REGULAR MEETING -DECEMBER 6, 2007 PAGE 4 OF 4 REGULAR AGENDA REGULAR 600. Not Used. pRpFT ADJOURNMENT Chairman Waters adjourned the Regular Meeting at 7:48 p.m. RESPECTFULLY SUBMITTED: JOAN L. BROWN DEPUTY CITY CLERK APPROVED: THOMAS WATERS CHAIRMAN, BOARD OF ADJUSTMENT NOTE: These Minutes were approved at the , 2007 Regular Board of Adjustrnent Meeting. a d t1 dt 4 ~~~d y~ r ~ ~ ,y~ ~: % ~~ ~ ~ , (~!m ~ ~ t -'{ i ~~'~ L r .'~ wiz":"~ s ~`' ..~1 ~ a ~s,.. ,~ t~ ,~,c~~ ., .. *~ b `.~~ . ~. 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