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HomeMy WebLinkAbout2008 06 09 Public Input Referenced by Mike JonesDate: June 9, 2008 The following was referenced during Public Input by Mr. Mike Jones at the June 9, 2008 City Commission Regular Meeting. ~ ~. 21 ` 1 it to the one that's on the other street. ~ ' 2 Until -° 3 COMMISSIONER KREB: Okay. 4 DEPUTY MAYOR: Was your light on? 5 COMMISSIONER BRO~PN: No. 6 DEPUTY MAYOR: Commissioner Miller's light ~~ ', 7 is on. 8 COMMISSIONER MILLER: It so~ands to me we've 9 already gone beyond the chain link fence. 10 There's a wooden fence there right now. I don't 11 know why we're discussing a chain link fence. 12 And the applicant, evidently, from what was /""~. 13 just said a few moments ago, is no~+ a question 14 whether the fence that's there right now, which 15 is a sixteen foot stockade fence, you really 16 can't tell whether or not it's an entrance or 17 not, but they are willing to reduce it to twelve 18 fast, end they are considering a sliding fence 19 instead of oae that opens out or in. So I don't 20 know -- I don't know why we're talking about the 21 chain link fence anymore. It seems to ms we've 22 already moved beyond that. 23 And the other question that comes to my 24 mind, talking about access points, if aomsbody ~ 25 wants to go, you know, have a tree cut down in . ~ '~. 22 1 their back yard and there is room for a Ir`'. 2 commercial vehicle to get in there and carry in 3 their equipment, load,all the dead trees on their 4 equipment and then drive back out off the lot, 5 they are no longer using the accepted drive~-ay, 6 they ar• obviously going into this through 7 another access in their property. We alloy that, g though, don't we? We do. I'll just make the 9 comment, we do. 10 MR. MCLEMORE: We don't allow that. 11 COMMISSIONER MILLER: Well, I'm sorry, Ron. 12 If somebody wants to qo in the back of my ~'"~. 13 property, remove a tree, do I have to request a 14 permit from the City for a Budget tree vehicle to 15 enter the sid• of my property? Because I'm on a 16 corner. I have to get a permit for that vehicle 17 to come is through my back yard to remove a tree. 18 MR. MCLEMORE: You have to get a permit for lg tree removal. 20 COMMISSIONER MILLER: For tree removal, yes. 21 MR. MCLEMORL: Right. 22 COMMISSIONER MILLER: If I follow your 23 logic, I will also have to get a permit for an 24 access point because you're actually allowing ~ 25 vehicles to come in through another point into my 23 /~. /`ti 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 property which is not my driveway. So in this case, it seems to me like what we really need to talk about is if the gentleman is willing to come back with a request to put a sliding fence in there, and it meets the aesthetic review, will the City Manager approve it? And I think that's what we ought to discuss tonight. If -- If they come back with a sliding fence proposal and it's aesthetically pleasing and doesn't change the aesthetic concepts of the . or appearance of the neighborhood, he should approve it. That's, I think, where we're at right now. We're not at a chain link fence anymore, that's already gone. Now they want to put in a wooden fence, I assume, which would be stockade, which would just slide into the opening. Aad if they want to use that as an access point of their property from time to time, I think we're past that right now. I don't think. I -- That's where I'm at right now. I think if they. want to resubmit an application to put in a sliding fence entrance gate and it's aesthetically in compliance with the aesthetic review of the appearance of the neighborhood, I think it ought to be approved. I 21 22 23 24 25 24 ~~ f , 1 think there has been some mistakes done here, and 2 I just don't see us going back and trying to 3 rectify some things that were done that shouldn't 4 have happened. 5 DEPUTY MAYOR: Commissioner Brown, you're 6 next. 7 COMMISSIONER BROWN: Commissioner Rrebs' 8 light is on. 9 COMMISSIONER RREBS: I area going to answer 10 your statement, Commissioner Miller, that the 11 reason I was speaking about what I was speaking 12 about was because the issue was the permit, and 13 that did involve the fence. And I absolutely 14 agree with you, we made a mistake. And I think 15 we have to -- to probably do what you suggest, is 16 talk about this fence that they are willing. . 17 they are proposing. And I don't know if 18 tonight's the night to do that, or if they bring 19 -- I guess you said no, they have to bring 20 forward a permit, seek a permit; is that right? 21 MR. GARGANESE: Right. 22 Yeah, the only issue is whether the Manager 23 was right or wrong. 24 MR. RREBS: Right. That's what I was 25 talking about. 25 f 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 29 2~ MR. GARGANESE: Because under the ordinance for these residential aesthetic reviews you delegate the authority to the City Manager to make the decision. And if the Manager -- If the person doesn't like the decision made by the Manager, they have a right to appeal to this Commission, and that's what's going on here this evening. So, if you uphold the Manager's decision on the chain link fence, or chain link fence gate, then it will just go back and the applicant property owner, Mr. Miller, can submit something different. And that will ba considered on its merits at the time it's submitted, by the Manager. Sut -- DEPUTY MAYOR: Commission Brown is next. COMMISSIONER BROT~N: I was going to make a motion we uphold the City Manager's opinion to allow the Millers to come back with a modified -- if that's the way we have to do it -- with a modified permit request. But there's two other lights that popped up. And Commission Miller just put his light on, as well. DEPUTY MAYOR: There has been a motion. Ia it seconded? 26 ~ 1 . 2 3 4 5 6 7 8 9 10 11 12 ~ 13 14, 15 16 17 18 19 20 21 22 23 24 ~` 2 5 Is this a public hearing? MR. JONES: You call it a remand? COMMISSIONER BROWN: Remaaded with instructions to the Manager, yeah. COMMISSIONER MILLER: I would support Commissioner Brown's motion, with the understanding if that's what he's meant it's going to be approved -- COMMISSIONER RREBS: Right. COMMISSIONER MILLER: -- as long as it's aesthetically in compliance with the rest of the fence on that street. I don't want him getting back into this thing about you only have one entrance to your property on this particular case. MR. GARGANESE: Well, on the entrance issue,) i I mean, that's -- You've got a actual issue -- COMMISSIONER MILLER: I understand. MR. GARGANESE: -- control issue, if there's going to be a driveway. COMMISSIONER MILLER: The City made a mistake. Well, it cannot be made a driveway. MR. GARGANESE: Well, that -- COI~ISSIONER MILLER: The way it is right now, it caa be an access point to his property 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2C 2] 2c 2~ 2~ 2! from time to time . COMMISSIONER GILMORE: Different issue. DEPUTY MAYOR: Th• motion is simply the aesthetic review. COMMISSIONER RREBS: Is this a public hearing? DEPUTY MAYOR: To uphold the City Manager's opinion. Until this -- COMMISSIONER GILMORE: Upholding. DEPUTY MAYOR: Ia this under public hearings? MR. GARGANESE: We put it under public hearing, Me should -- Any member of the public cant to comment, be free to do so. DEPUTY MAYOR: Before we do vote on this, it is under public hearing. Is there anybody here who Mould like to speak to this issue? No one expressing an interest, we'll close the public hearing portion of this. MR. MCLEMORE: One item, Madam Chairman. For the record. There was a atatemant, if I heard it correctly from Mr. Jones, that the permits for what has been referred to as the bars were issued in error. They were not issued in 28 ~~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 error , and that' s reason rre mound up with a compatibility ordinance, because at that time the barn eras totally consistent pith our ordinances at that tim®. So I just Brant to make it clear in the record there sere no errors made by the staff of the City on the permits of the barn. What e-e found out Nas that restrictive covenants >veren't in play at that point. If you recall, that eras the lesson we learned on that one. MR. JONES: If I said that, I stand corrected. MR. MCLEMORE: Thank you, air. COMMISSIONER BROWN: I'd like to amend my omn motion DEPUTY MAYOR: All right. COMMISSIONER RREBS: Can he do that? DEPUTY MAYOR: Yes, he can. COMMISSIONER BROWN: Only that since this is already an appeal, that the modified application comes directly before the Commission erhen it's presented. MR. GARGANESE: I erouldn't recommend that one. I'd ask that under the ordinance it has to directly qo to the Manager. COMMISSIONER BROWN: I know, but if they 29 1 don't get favorable results, it's going to be ~ 2 back on appeal and it will be back before us. 3 MR. GARGANESE: It'll come back before you. 4 That's the system. 5 DEPUTY MAYOR: You withdrawing tho 6 amendment? '7 COMMISSIONER BROWN: I'll withdraw the 8 motion. g DEPUTY MAYOR: All right. There is a motion 10 and second on the floor. 11 Call the roll. 12 T8E CLERK: Commissioner Brown. r, 13 COMMISSIONER BROWN: Aye. 14 T8E CLERK: Commissioner Gilmore. 15 COMMISSIONER GILMORE: Aye. 16 T8E CLERK: Commissioner Krebs. 17 COMMISSIONER RREBS: Aye. 18 T8E CLERK: Commissioner Miller. lg COMMISSIONER: Aye. 20 T8E CLERK: Deputy Mayor McGinnis. 21 DEPUTY MAYOR: Aye. 22 MR. JONES: Thank you. 23 I feel like I just kissed my sister. 24 (Whereupon, tha foregoing proceedings were 25 terminated at 8:50 p.m.) MICHAEL D. JONES & ASSOCIATES, P.A. ATTORNEYS AND COUNSELORS AT LAW P.O. Box 196130 Winter Springs, Florida 32719-6130 Telephone: 407/695-7666 Facsimile (407) 695-7157 November 20, 2007 Of Counsel: Kenneth M. Leffler VIA FACSIMILE - 407/425-9596 Anthony Garganese, Esquire Brown, Garganese, Et AI. P.O. Box 2873 Orlando, FL 32802-2873 RE: Lon Miller, 1314 Deer Run Dear Anthony: I am advised that Mr. Miller filed his application for the gate three weeks ago and has not yet heard anything from the City. I am puzzled by the delay. Can you please give me a status on when we might expect the permit? From your past correspondence, lassume that once we receive the gate permit we will have to go back for aright-of-way permit? If correct, please be specific in what procedure we are to follow to apply for the right-of-way permit. If the delay is related to the thought that we might file an appeal, that is not our intention therefore, they don't have to wait 31 days to approve the permit. I appreciate your cooperation as usual. MDJ/jmh Sincerely, ichael D. Jon s Copy to: Lon Miller CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone (407) 327-1800 Community Development November 30, 2007 Lon Miller 1314 Deer Run Winter Springs, FL 32708 RE: Application for Sliding Gate -1314 Deer Run Dear Mr. Miller: This office is in receipt of your application to install a twelve (12') foot wide sliding gate on your property along the eastern property line and boundary with Northern Way. This application states that the gate will be 12' wide by 6' tall and made of stockade wood slats. However, the application does not contain a detail of the sliding gate indicating the offset, if any, from the face of the existing fence when the gate is closed. Please provide sufficient documentation that will enable the City to determine the appearance of the gate when closed. In addition, please provide a statement documenting the need fora 12' wide gate along this property line. The garage areas of your house are accessible from the existing driveway. Once this information is received, the City will finalize the review on this application. Sincerely, '__./ Randy evenson, ASLA, AICP Community Development Director Cc: Ron McLemore, City Manager Anthony Garganese, City Attorney Kim Trench, Customer Service Manager BROWN, GARGANESE, WEISS & D'AGRESTA, P.A. a.~o~ ys dt ~~ Babb-Nutchel' Debra S Offices in Orlando, Kissimmee, Cocoa, Tara L. Barrett . Joseph E. Blitch Ft. Lauderdale & Tampa Vivian P. Cocotas Brown' Usher L Scott J. Dornstein . Suzanne D'Agresta Mitchell B. Haller Anthony A. Garganese`' Katherine W. Latorre Terri E. Oster J.W. Taylor Amy J. Pitsch Jeffrey S. Weiss 'Board Certified Civil Trial Lawyer "Board Certified City. County & Local Government Law Board Certified Appellate Practice December 3, 2007 Michael D. Jones, Esquire Michael D. Jones & Associates, P.A. P.O. Box 196130 Winter Springs, FL 32719-6130 RE: Lon Miller, 1314 Deer Run Dear Mr. Jones: Erin J. O'Leary' Catherine D. Reischmann William E. Reischmann, Jr. Of Counsel After receiving your letter dated November 20, 2007, I followed up with the City staff to determine the status of Mr. Miller's application. Enclosed is a copy of a November 30, 2007 letter from the City's Community Development Director to Mr. Miller. It appears at this time that Mr. Miller's application is incomplete. The City is requesting some addition information in orderto make a final decision on the permit application. In addition, as I previously mentioned in my prior correspondence, driveway cuts on City roads require a permit from the City of Winter Springs. It is my understanding that the City has an application for such permits. However, as I previously advised during the city Commission meeting in my previous correspondence to you, the City of W inter Springs has a comprehensive plan policy which generally prohibits driveway cuts on collector roads such as Northern Way. That policy was adopted by the City circa 2001. If you have any questions, please do not hesitate to contact me. Ve ru yours, Anthony A. Garganese City Attorney AAG/jf Enclosure RE~£1~t~~ DEC - ~ 200fi 225 East Robinson Street, Suite 660 • P.O. Box 2873 • Orlando, Florida 32802-2873 Orlando (407) 425-9566 Fax (407) 425-9596 • Kissimmee (321) 4D2-0144 • Cocoa (866) 425-9566 • Ft. Lauderdale (954) 670-1979 Website: www.orlandolaw.net • Email: firm@orlandolaw.net December 19 2007 Randy Stevenson 1126 East State Road 434 Winter Springs, FL 32708 Dear Mr. Stevenson: In response to your letter of November 30, 2007 the offset of the gate is approximately 6 to 8 inches as required by the width of the tires and the fence supporting post. Please advise what you mean by "sufficient documentation" that will allow you to determine the appearance of the gate when closed. There are many sliding gates in the area of Winter Springs and Oviedo, most without the wooden slats attached. The stockade gate is the same as the chain link type but without stockade slates attaches to the steel frame. From time to time I transport vehicles and material to my garage area by a car trailer, which I own. and can not use at the present time. It is impossible to maneuver my trailer through my garage doors due to lack of space. At this time I have to shuffle my cars around unnecessarily, a waste of time and gas. If you find the present request unacceptable, please consider two-six foot wide, six foot high stockade type swing gates. There would be no offset to this gate and fence combination. Sincerely, Lon Miller Cc: Michael Jones, Esquire § 17-29 Sec. 17-29. Access control. WINTER SPRINGS CODE In order to promote the safety of motorists and pedestrians and to minimize traffic congestion and conflict by reducing the magnitude of and the points of contact, the following regulations shall apply: (1) A point of access, that is, a driveway or other opening for vehicles onto a public street, shall not exceed twenty-four (24) feet in width, except as otherwise pro- ° vided in this section. (2) The maximum number of points of access permitted onto any one (1) street shall be as follows: Lot Width Abutting Number of Points Street of Access Less than 65 feet 1 65 feet-200 feet 2 Over 200 feet 2 Plus for each addi- 1 tional 200 feet or fraction thereof (3) In lieu of any two (2) openings permitted on any one (1) street, there may be per- mitted asingle point of access up to sixty (60) feet in width; however, service sta- tions shall be permitted two (2) openings not to exceed sixty (60) feet each in width, along any abutting public street, provided that such property abuts such street for a distance of not less than one hundred fifty (150) feet. (4) Except in R-1 and R-lA zoning districts, there shall be a minimum distance of twelve (12) feet between any two (2) open- ings onto the same street. In R-1 and R-lA zoning districts access point open- ings shall not be closer than two (2) feet of any property line. (5) No point of access shall be allowed within ten (10) feet of the intersection of the right-of--way lines of any public street or streets. (6) No curbs shall be cut or altered, and no point of access or opening for vehicles onto a public street shall be established with- out a permit from the city commission or an official who has been designated by the city commission. (7) Projects for which a site plan is required, such as plaza developments, compound uses and shopping centers, shall be con- sidered on an individual basis and may deviate from these requirements in the interest of traffic safety after recommen- dation by the planning and zoning board of the city. (3) Permit fees shall be established by reso- lution of the city commission. (Code 1974, § 13-11) Sec. 17-30. Obstruction to vision at street intersections. It shall be unlawful to obstruct the vision at intersections of a street or streets in the city as hereinafter described: (1) There shall be clear vision to and through street intersections from a distance of forty (40) feet from the point of intersec- tion extending down each intersecting street for a minimum distance of forty (40) feet from the point of intersection. (2) Any plant within the area of clear vision shall not exceed three (3) feet in height. Abutting property owner is responsible to maintain such plants within this height or the plant or plants shall be subject to removal at the expense of the abutting property owner. (3) Trees shall be permitted within the clear vision space, provided that foliage is kept cut back to a height not less than eight (8) feet from the ground. (4) Lampposts and street name signposts shall be permitted within the clear vision space described in (1) above. (Code 1974, § 13-12) Sec. 17-31. Violation. Any person who shall begin excavation, con- struction or repair work involving the tearing up or replacing of any street or sidewalk or any part 1104