HomeMy WebLinkAbout2000 05 08 Regular B Oversized Recreational Vehicle
COMMISSION AGENDA
ITEM B
Consent
Informational
Public Hearing
Regular X
May 8. 2000
Meeting
Mh'f. /
Allthorizatio
REQUEST:
The Community Development Department-Code Enforcement Division presents to
the City Commission tbe request of Dr. M.F. Riddick to park an
oversized recreational vehicle at his home located at 1553 Winter Springs Blvd.
PURPOSE:
The purpose of this agenda item is to request the Commission consider the request of Dr.
Riddick to park his thirty-two (32) feet motor home at his home.
APPLICABLE LAW AND PUBLIC POLICY:
Under current City Code, no recreational vehicle in excess of twenty-eight feet may be parked in
a residentially zoned area of the city without a permit issued by the City Commission.
CONSIDERA TIONS:
Dr. Riddick's motor home is currently parked in such a manner as to be shielded from view by
neighbors and motor traffic. Adjacent property owners have been notified of Dr. Riddick's
request.
STAFF RECOMMENDATION:
Staff recommends the City Commission grant Dr. Riddick's request since it granted a similar
request to Mr. Wimberly, 1105 Ermine Ave. on September 27, 1999.
MAY 8, 2000
REGULAR AGENDA ITEM B
Page 2
ATTACHMENTS:
A Section 20-431, City Code
B. Letter from Dr. Riddick, requesting permission
C. September 27, 1999 City Commission minutes, Regular B
COMMISSION ACTION:
ATTACHMENT A
I
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Ii 20.388
WINTER SPRINGS CODE
I
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above, has not been completed within twelve (12)
months from the date of city commission approval.
(1) A time extension of up to twelve (12) months
may be granted, upon a showing of good
cause, if requested by the applicant and
approved by the city commission. The de-
. termination of good cause shall be in the
sole and absolute discretion of the city
commission.
(2) If after an extension granted hereunder,
substantial development has not been com-
pleted, both the master plan and the final
subdivision plan shall be automatically de-
clared null and void, provided however this
shall not affect the zoning density of plats
recorded thereunder.
(d) Any zoning density which has been assigned
pursuant to a master or final subdivision plan
under this article, which plan subsequently is
declared null and void shall not be affected.
(Ord. No. 367, ~ 2, Art. XIV, Part B, * 44.85.12,
5-11-8'i)
Sec. 20-389. Appeal.
(a) A decision by the planning and zoning board
may be appealed to the city commission. The city
commission shall not modify or reverse a decision
of the planning and. zoning board without first
holding an advertised public hearing on the appeal.
(b) A decision of the city commission may be
appealed to the appropriate circuit court of the
state.
(Ord. No. 367, * 2, Art. XIV, Part B, ~ 44.85.13,
5-11-87)
Sees. 20-390-20-410. Reserved.
ARTICLE V. SUPPLEMENTAL DISTRICT
REG ULA TIO NS
DIVISION 1. GENERALLY
Sec. 20-411. Trailers.
No house trailers will be permitted in residen-
tial zone areas except for residential zones specif-
ically providing for mobile homes. Campers, camp
trailers and boats and trailers-will be permitted if
kept in a garage, carport, rear yard or side yard
not fronting on any street, providing no one occu-
pies them.
(Ord. No. 44, ~ 44.74, 1-8-68)
Sec. 20-412. Trailer uses.
Trailers may be kept only in areas designated
as trailer parks, except as designated in section
20432. A temporary permit may be obtained from
the city commission for use in commercial, rural
and residential (areas).
(Ord. No. 44, ~ 44.75, 1-8-68)
Sec. 20-413. Animals.
No one shall keep the following animals in R-I,
R-1A and R-1AA residential zone areas: Horses,
cows, pigs, chickens, geese, goats or any other
fowl or livestock, other than household pets.
(Ord. No. 44, ~ 44.77,1-8-68)
Sec. 20-414. Exceptions.
Horses and ponies may be permitted in R-1AA
areas provided at least one (1) acre of land is
available for each animal.
(Ord. No. 44, * 44.78, 1-8-68)
/
Sec. 20-415. Kennels.
More than two (2) adult dogs or cats, over six (6)
months of age, per household, shall be deemed a
kennel.
(Ord. No. 44, ~ 44.79, 1-8-68)
Sec. 20-416. Kennel zoning.
Kennels will be allowed in C-2 commercial and
R-D zoned areas.
(Ord. No. 44, ~ 44.80, 1-8-68)
Sees. 20-417-20-430. Reserved.
DIVISION 2. MOTOR VEHICLES
Sec. 20-431. Parking, storage or maintenance
of certain vehicles prohibited in
residentially zoned districts.
In order to protect and promote the public health,
safety and welfare, and among other purposes, to
1244
......
ZONING
\.
provide light, safety from fire, safety from other
damages and to protect property owners from cer-
tain general nuisances associated with the un-
regulated parking, storage or maintenance of cer-
tain vehicles, the parking, storage or maintenance
of certain vehicles as herein specified in the areas
herein specified are prohibited except as herein
provided:
(1) Prohibitions:
a. No person owning, renting or leasing
real property in a residentially zoned
district or living thereupon shall cause
or allow to be parked on any residen-
tial property any vehicle commonly de-
scribed as follows: (step-van), truck, semi-
tractor, semitrailer, bus or any other
type of vehicle with a rated capacity of
three-quarters of a ton or more, and
which is subject to regulation by F.S,
ch. 316, with the exception of those
vehicles specifically excluded by the ex-
ceptions provision of this section.
b. No person owning, renting, leasing or
otherwise being in control of the use of
any lot, parcel or piece of real property
located in a residentially zoned district
or living thereupon shall cause or allow
any vehicles as enumerated in (1)a. above
to be parked, stored or maintained upon
such property.
c. No recreational vehicles shall be occu-
pied as temporary living quarters while
such recreational vehicle is parked or
stored within a residentially zoned dis-
trict in the city. No recreational vehi-
cle parked or stored in the city shall
have its wheels removed except for re-
pair or maintenance.
d. No recreational vehicle shall be parked
in such a way that it shall obstruct the
view of traffic or impede the vision of
vehicular traffic.
e. No more than one (1) recreational ve-
hicle shall be parked on an owner's
property at anyone (1) time.
f. No recreational vehicle in excess of
twenty-eight (28) feet in length in over-
all measurements shall be parked or
stored in a residentially zoned district
1245
.--..I~.
~ 20.431
without a permit issued by the city
commission and renewed annually by
such commission. In the case of a truck
camper, the length measurement will
include truck and camper.
g. No boat trailer, with or without a boat
thereon, may be parked on property in
residential districts, unless such boat.
trailer does not exceed twenty-three (23).
feet in overall length, is in a state of
good repair, is being maintained in a
neat and orderly condition and is owned
~YJJ:t~ o~er of U~~_p!:opertY upon which
it is parked. -
h. It sh'aiTbe a violation of this chapter to
park any vehicle enumerated in (1)a.
above or to park any recreational ve-
hicle within the right-of-way of any city
street, alley, lane, way, drive or other
thoroughfare overnight.
(2) Exceptions. The parking, storage or main-
tenance of certain vehicles will be permit-
ted in residentially zoned districts .as ex-
ceptions to (1)a. through (1)h. above as follows:
a. Recreational vehicles may be occupied
during parking or storage if a permit
has been issued in accordance with sec-
tion 20-412.
b. A combination of boat trailer with boat
and a recreational vehicle is permissi-
ble as an exception to (l)e. above.
c. Any person owning, renting, leasing
or otherwise being in control of the use
of any lot, parcel or piece of real prop-
erty located in a residentially zoned
district and contiguous to the parcel
upon which that person's residence is
located may use such contiguous lot as
if it were a separate piece of owner's
property for the parking of vehicles sub-
ject to the restrictions set forth in this
section. Provided, however, that no ve-
hicle owned, operated or under the di-
rect control by other than the person
owning, renting, leasing or otherwise
being in control of the use of such lot, .
parcel or piece of real property shall be
parked thereupon.
'\
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ATTACHMENT B
M. F. RIDDICK, M.D.
1553 Winter Springs Blvd.
Winter Springs, Florida 32708
PHONE 407-359-5999
FAJ( 407-359-5539
E-MAIL mprent({V.Quixnet.net
C. Jimette Cook
Code Enforcement Manager
City of Winter Springs
Winter Springs, Fl. 32708
Dear Ms. Cook:
When talking with Mr. LeBlanc the other day concerning parking my motor home on my
property at 1553 Winter Springs Blvd., he informed me that I should request a permit
from your office since my motor home is 32 feet, and current code requires permits for
recreational vehicles greater than 28 feet.
I had carefully checked out the covenants for my property, and the only reference for this
was that recreational vehicles could only be parked on the side or back of homes, and that
they had to be shielded :from street and neighbors. There was no mention of length in the
documents I reviewed.
I respectfully request a permit to park my motor home and submit the attached pictures to
show that the home is well shielded and will not be a problem for neighbors or passersby.
Thank you for your time. Please notifY me of the cost of the permit so I can remit that
promptly.
Yours sincere,ly, / / /l
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Max F. Riddick
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10
ATTACHMENT C
:..: .
MINUTES
CITY OF WINTER SPRINGS
CITY COMMISSION
REGULAR MEETING - SEPTEMBER 27.1999
Page 12 of 17
)
VOTE: COMMISSIONER McLEOD: AYE; COMMISSIONER MARTINEZ:
AYE; COMMISSIONER BLAKE: AYE; DEPUTY MAYOR GENNELL: AYE.
MOTION CARRIED.
C. Parks And Recreation Department
Is Requesting The City Commission To Establish The Dates And Times At
Trotwood And Torcaso Parks For Official Groundbreaking Ceremonies During
The Month Of October For The Parks Improvement Program.
There was discussion about whether to hold two different groundbreaking ceremonies on
two different days, to hold a single ceremony for all the parks; or to hold two ceremonies
in one day.
The Commission agreed by consensus to hold two groundbreaking ceremonies in one
day, at both Trotwood and Torcaso Parks.
The Commission also agreed by consensus to hold the ceremonies on October 24, 1999,
in the afternoon, with the exact times to be determined by the Parks and Recreation
Department.
.:. .:. AGENDA CHANGE: THE COMMISSION AGREED TO HOLD THE
"QUESTION AND ANSWER SESSIONS" FOR REGULAR AGENDA ITEMS
"D", "E", AND "F" ALL AT ONE TIME. .:..:.
D. City Manager
Requests The City Commission Approve Resolution No. 895 Authorizing The
Issuance Of Special Assessment Revenue Bonds, Series 1999 Not To Exceed
$2,500,000 For The Tuscawilla Lighting And Beautification District.
Mr. Jim Lentz, Financial Advisor for the City of Winter Springs; and Me. Mike Williams,
Bond Counsel for the City of Winter Springs, discussed the bonds with the Commission
and answered questions.
The Commission discussed interest rates; and amortization.
Mr. Williams explained that in Resolution 896, "The note will be dated October 51h,
rather than October 151".
Tape 2/Side A
"I MOVE TO APPROVE RESOLUTION 895". MOTION BY COMMISSIONER
MARTINEZ. COMMISSIONER BLAKE SECONDED. DISCUSSION. VOTE:
DEPUTY MAYOR GENNELL: AYE; COMMISSIONER MARTINEZ: AYE;
COMMISSIONER BLAKE: AYE; COMMISSIONER MILLER: AYE;
) COMMISSIONER McLEOD: AYE. MOTION CARRIED.
MINUTES
CITY OF WINTER SPRINGS
CITY COMMISSION
REGULAR MEETING - SEPTEMBER 27, 1999
Page II of 17
)
amending the Ordinance; prices for advertising; Staffs recommendation; enforcement;
and actions the Code Enforcement Board could take.
After discussion, a date of December 31, 1999 was suggested for the end of the extension
period. Mayor Partyka polled the Commission in reference to the date of the end of the
extension period and if a late fee should be charged. The Commission agreed by
consensus that there would be no late fee charged and that the grace period would end on
December 31, 1999.
Commissioner Blake clarified by saying, "This is only an extension of time to purchase a
permit, correct? It is not an addition of time, or an additional time from the cut off date
that we already established and it's not an additional time from the expiration of the
permit. The only thing we're doing is if somebody can prove that they had the vehicle
during that, or prior to that cut off date, then between now and December 31 S\ they can
still buy a permit".
Discussion ensued in reference to enforcement; and selling the permits before the
amended Ordinance passes.
Mayor Partyka stated, "I think somebody needs to make a Motion for a practical solution
to this, and one practical way of doing this is accept the application pending approval of
the Ordinance".
"SO MOVED". MOTION BY DEPUTY MAYOR GENNELL. COMMISSIONER
BLAKE SECONDED. DISCUSSION. VOTE: COMMISSIONER McLEOD:
AYE; COMMISSIONER BLAKE: AYE; COMMISSIONER MILLER: AYE;
COMMISSIONER MARTINEZ: AYE; DEPUTY MAYOR GENNELL: AYE.
MOTION CARRIED.
B. Community Development Department - Code Enforcement Division
Requests The City Commission Consider The Request Of John Wimberly, 1105
Ermine Ave., For An Annual Permit From The Commission To Park His Oversized
Recreational Vehicle At His Residence.
Ms. Cook introduced this Agenda Item.
John Wimberly, 1105 Ermine Avenue, Winter Springs, Florida: addressed the
Commission regarding his neighbors not commenting about parking the vehicle at his
residence, that he is aware of; and that his next door neighbor had offered to speak on his
behalf.
)
MOTION BY COMMISSIONER McLEOD. "I'D LIKE TO MAKE A MOTION
THAT WE APPROVE, SEEING THIS IS SETTING A HUNDRED FEET OFF
THE STREET AND THIRTY FEET BEHIND THE HOME, BEHIND THE
FENCE". SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION.
.-
M. F. RIDDICK, M.D.
1553 Winter Springs Blvd.
Winter Springs, Florida 32708
PHONE 407-359-5999
FAX 407-359-5539
E- MAlL mprent@quixnet.net
C. Junette Cook
Code Enforcement Manager
City of Winter Springs
Winter Spring~, FI. 32708
Dear Ms. Cook:
When talking with Mr. LeBlanc the other day concerning parking my motor home on my
property at 1553 Winter Springs Blvd., he informed me that I should request a permit
from your office since my motor home is 32 feet, and current code requires permits for
recreational vehicles greater than 28 feet.
I had carefully checked out the covenants for my property, and the only reference fQr this
was that recreational vehicles could only be parked on the side or back of homes, a@. that
they had to be shielded from street and neighbors. There was no mention oflength~in the
documents I reviewed.
I respectfully request a permit to park my motor home and submit the attached pictures to
show that the home is well shielded and will not be a problem for neighbors or passersby.
Thank you for your time. Please notify me of the cost of the permit so I can remit that
promptly.
Yours sincere,ly, / / ./l
./YJ1 :j?V~
Max F. Riddick