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Home My WebLink About2007 09 10 Regular 603 Mr. Lon Miller, 1314 Deer Run CITY OF WINTER SPRINGS 091007_ COMM_Regulac603 _MillecAppeaLFence]ermit COMMISSION AGENDA ITEM 603 Consent Informational Public Hearin Re ular x September 10, 2007 Regular Meetmg. Mg~1'\ / Authorization Dept. REQUEST: The City Manager requesting the City Commission to hear an appeal from Mr. Lon Miller of 1314 Deer Run Drive regarding an improperly issued fence permit. PURPOSE: The purpose of this agenda item is for the Commission to hear an appeal from Mr. Lon Miller of 1314 Deer Run Drive regarding an improperly issued fence permit, and render a decision based upon the record of this matter. CONSIDERATIONS: On July 27, 2007 Mr. Miller was issued a fence permit which did not receive the required aesthetic review. After completion of the aesthetic review it was determined that the chain link gate approved in the permit did not satisfy the compatibility provisions of Section 9-607 of the City Code and Policy 1.2.13 of the Comprehensive Plan. FUNDING: The City Manager has agreed to reimburse Mr. Miller $400 in out-of-pocket costs. RECOMMENDATIONS: It is recommended that the City Commission hear Mr. Miller's appeal and render whatever decision it deems appropriate based upon the record of this matter. A TT ACHMENTS: 1. City Manager Letter of August 29, 2007 2. Lon Miller Letter of September 5, 2007 COMMISSION ACTION: CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone (407) 327-1800 Ronald W. McLemore City Manager August 29, 2007 Mr. Lon Miller 1314 Deer Run Winter Springs, FL 32708 Dear Mr. Miller: I am sorry to inform you that fence permit Number 200701826 issued to you on July 27, 2007 to construct a gate on Northern Way was issued by the City in error. As a result, I must provide you notice that this permit is null and void and has been revoked effective this date. You have five (5) days from receipt of this letter to appeal my decision to the City Commission. Therefore, if you desire to appeal my decision, you must provide me with written notice of your desire to appeal. Due to the error involved, the City is willing to reimburse you for your out-of-pocket costs for installing the gate, provided these costs are reasonably documented. Your permit establishes the value of the gate project at $400. There are two issues involved with respect to my decision stated herein as follows: First; Section 9-607 of the City Code provides that the City Manager or his designee will perform an aesthetic review of all permits of this type prior to issuance of the permit. The purpose of the review is to determine if the proposed project will be compatible with the physical characteristics of your property and the surrounding the area. An aesthetic review of this fence permit was not performed prior to issuance of the permit as required by the City Code. Once this matter was brought to my attention, I performed the required aesthetic review under the criteria set forth in section 9-607. Based on my review of your proposed gate project, I have concluded that the chain link gate section that was installed pursuant to the erroneously issued permit is not compatible and not in harmony with existing buildings and structures on your property and with the surrounding neighborhood. For example, the chain link gate is entirely inconsistent with the balance and materials used for your existing wooden fence, and other suitable fences along road rights of ways in your area. Also, the chain link gate, in comparison to the existing wooden fence and other suitable fences in the area, is completely out of contrast and adversely affects the positive aesthetic balance and unity of the surrounding neighborhood. I also concluded that the proportion and scale of the chain link gate is out of character for your property and the area. Moreover, the texture of wood materials is far more compatible with the materials used for the existing fence on your property than the chain link gate. Further, the chain link gate section seriously compromises the opaque buffer offered by the remainder of your existing fence. Additionally, I also want to emphasize that the scale of the gate section appears to be excessive. The excessive width of this gate section appears to be chosen to make it possible for vehicles to have access to the back yard and the newly constructed garage, which you have previously described to me to be a place for the storage of vintage vehicles. Policy 1.2.13 on page II-46 of the Transportation Element of the City's Comprehensive Plan clearly provides that no individual residential driveways will be permitted on collector roads or arterial roads. It further provides that individual driveways shall be located on local roads, which channel trips to the collector and arterial systems. The gate is located on Northern Way. Northern Way is a collector road. The Northern Way side of your lot cannot be utilized for vehicle access or egress for your property because your property already has existing access on a local road (Deer Run). Therefore, a gate of the magnitude contained in your proposed gate project does not appear to be warranted, especially in light of the City's Comprehensive Plan and other aesthetic issues discussed above. Unless my decision to declare this building permit null and void and revoked is appealed by you, and subsequently overturned by the City Commission in an appellate proceeding, you will be required to remove the chain link gate and re-install the opaque wooden fence that existed prior to the installation of the gate. The reinstallation of the opaque wooden fence shall be completed within thirty (30) days of the receipt of this letter, or as otherwise directed by the City Commission. Lastly, I wish to advise you that nothing contained in this letter prevents you from applying for another building permit for a gate section that meets the requirements of the City's Code including aesthetic review criteria. Sincerely, IP~ tJ.1'WY>>7 Ronald W. McLemore City Manager /jp cc: Mayor and Commission Community Development Director Code Enforcement Manager 082907 Permit #200701826 Revocation Page 2 of 2 RECEIVk::ll: SEP 0 5 2007 CITY uf-' WII~TEf< SHdNlC:;; City Man<ll,t( September 5, 2007 Mr. Ronald McLemore City Manager Winter Springs, FL 32708 Dear Mr. McLemore This letter is to inform you that I do wish to appeal your decision to the City Commission in regard to fence permit number 200701826 which you indicated was issued in error. Sincerely .2 ~ ;/?~ Lon Miller 1314 Deer Run Drive Winter Springs, FL 32708 cc:CK Wednesday, September 05, 2007 America Online: lonnmimiller Page: 1 LON MILLER 1314 DEER RUN ROAD WINTER SPRINGS, FL 32708 407.971.2310 VIA HAND DELNERY RECEIVED SEP 0 7 2007 Ronald W. McLemore, City Manager City of Winter Springs, Florida 1126 East SR 434 Winter Springs, FL 32708 CITY OF WINTER SPRINGS City Manager RE: Permit Number 200701826 JI &G'f1"\ . j1 Dear Mr. McLemore: This correspondence is in response to a telephone message I received yesterday concerning the City Commissioner's Meeting scheduled Monday, September 10,2007. I would like to attend this meeting and present my appeal, however, my wife underwent surgery yesterday and therefore I am unable to do so. I request you table the issue of the above-reference pertuit and my appeal of the same for a time period of three weeks, so that I may focus my attention on my wife's care and recovery. Your reply is appreciated. Sincerely, ~~ Lon Miller