HomeMy WebLinkAbout2001 09 24 Regular F Heidenescher Homes
COMMISSION AGENDA
ITEM F
Consent
Information
Public Hearine
Re!!ular X
SEPTEMBER 24. 2001
Meeting
MGR. pep~
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REQUEST: The Community Development Department presents to the City
Commission the request of Heidenescher Homes for a variance from the
established front yard setback line at Lot 11, 136 (formerly 132) Cherry
Creek Circle, in The Reserve at Tuscawilla, Phase IA.
PURPOSE: The purpose of this agenda item is to consider a request by Heidenescher
Homes for a variance to allow a portion of the garage to encroach to
within 17.37 feet of the front property line at the northwest comer (a
variance for 2.63 feet) and 18.94 feet of property line at the southwest
comer (a variance for 1.06 feet), in contrast to the 20 foot front yard
setback set forth in note number 4 on the face of The -Reserve at
Tuscawilla, Phase IA, final subdivision plat (Plat Book 58, Page 100 of
the Public Records of Seminole County).
APPLICABLE CODE:
Sec. 6-2. Compliance with chapter.
(a) No building or structure shall hereafter be constructed,
altered.. . .except in conformity with the provisions of this chapter.
September 24,2001
REGULAR AGENDA ITEM F
Page 2
See. 6-4. Violations.
Any person who shall violate a provision of this chapter or fail to comply
herewith or with any of the requirements hereof, or who shall erect,
construct, alter or repair, or has erected, constructed, altered or repaired a
building or structure in violation of a detailed statement or plan submitted
and approved hereunder, shall be guilty of a violation of the Code and
shall be punished in accordance with Section 1-15.
Sec. 20-103. Restrictions upon lands, buildings and structures.
(b) Percentage of occupancy (lot). No building or structure shall be
erected... .nor shall any open space surrounding any building or
structure be encroached upon or reduced in any manner except in
conformance with the building site requirements... .for the district
in which such building or structure is located.
See. 20-82. Duties and powers, general.
The Board of Adjustment shall make recommendations to the city
commission to grant any variance or special exception as delineated in
this chapter.
(1) The board of adjustment shall have the additional following specific
powers and duties:
a. ....
b. ...,
c. To recommend upon appeal such variance from the terms of
this chapter as will not be contrary to the public interest where,
owing to special conditions, a literal enforcement of the
provisions of this chapter will result in unnecessary and undue
hardship. In order to recommend any variance from the terms
of this chapter, the board of adj ustment must and shall find:
September 24,2001
REGULAR AGENDA ITEM F
Page 3
1. That special conditions and circumstances exist
which are peculiar to the land, structure or
building involved and which are not applicable
to other lands, structures or buildings in the
same zoning district;
2. That the special conditions and circumstances
do not result from the actions of the applicant;
3. That granting the variance requested will not
confer on the applicant any special privilege
that is denied by this chapter to other lands,
buildings or structures in the same zoning
district;
4. That literal interpretation of the provisions of
this chapter would deprive the applicant of
rights commonly enjoyed by other properties in
the same zoning district under the terms of this
chapter and would work unnecessary hardship
on the applicant.
5. That the variance granted is the minimum
variance that will make possible the reasonable
use of the land, building or structure;
6. That the grant of the variance will be in
harmony with the general intent and purpose of
this chapter, will not be injurious to the
neighborhood, or otherwise detrimental to the
public welfare.
d. .. ..
(2) In recommending the granting of any variance, the board of
adjustment may recommend appropriate conditions and safeguards.
Violations of such conditions and safeguard, when made a part of the
terms under which the variance is granted, shall be deemed a violation
of this chapter. The board of adjustment may recommend a
reasonable time limit within which the action for which the variance
is required shall be begun, or both.
September 24, 200 I
REGULAR AGENDA ITEM F
Page 4
,
(3) Under no circumstances shall the board of adjustment recommend the
granting of a variance to permit a use not generally or by special
exception permitted in the zoning district involved, or any use
expressly or by implication prohibited by the terms of this chapter in
the zoning district. No nonconforming use of neighboring lands,
structures or buildings in the same zoning classification or district,
and no permitted use of lands, structures or buildings in other zoning
classifications or districts shall be considered grounds for the
authorization of a variance.
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(4)
(5)
Sec. 20-83. Procedures.
(a) Upon receipt, in proper form and with appropriate fees, an application
for a variance, special exception or conditional use as delineated in
this chapter, the board of adjustment shall schedule such application
for consideration at a public meeting.
(b) All such applications will be processed within sixty (60) days of
receipt of same.
(c) All meetings for consideration of a variance, special exception or
conditional use shall be noticed for at least seven (7) days prior to the
date of the meeting in the following manner:
(1) Posting the affected property with a notice of the
meeting which indicates the matter to be considered.
(2) Posting in city hall a notice of the meeting V\:':hich
indicates the property affected and the matter to be
discussed.
(3) At least seven (7) days prior to the meeting the board of
adjustment shall also notify all owners of property
adjacent to or within one hundred fifty (ISO) feet of the
property to be affected of the time, date and place of
the meeting. Such letter must also indicate the
variance, special exception, or conditional use
requested, and must require proof of delivery.
(d) All interested persons shall be entitled to be heard at such meeting or
to be heard by written statement submitted at or prior to such meeting.
September 24,2001
REGULAR AGENDA ITEM F
Page 5
(e) In the event a special exception, variance or conditional use is not
authorized by ordinances of the city, the person requesting the
unauthorized action must submit an application pursuant to section 20-
28.
(f) Appeals to the board of adjustment may be taken by any person
aggrieved or by any officer, board or bureau of the city affected by any
decision of an administrative official under the zoning regulations.
Such appeals shall be taken within thirty (30) days after such decision
is made by filing with the officer from whom the appeal is taken and
with the board of adjustment, a notice of appeal specifying the grounds
thereof. The administrative official from whom the appeal is taken
shall, upon notification of the filing of the appeal, forthwith transmit
to the board of adjustment all the documents, plans papers or other
material constituting the record upon which the action appealed from
was taken.
(g) The board of adjustment shall fix a reasonable time for the hearing of
the appeal, give public notice thereof, as well as due notice to the
parties in interest, and make recommendations to the city commission
for the appeal within a reasonable time. Upon the hearing, any party
may appear in person or by agent or by attorney. For procedural
purposes, an application for a special exception shall be handled by
the board of adjustment the same as for appeals.
(h) Any variance, special exception or conditional use which may be
granted by the council shall expire six (6) months after the effective
date of such action by the city commission, unless a building permit
based upon and incorporating the variance, special exception or
conditional use is obtained within the aforesaid six-month period.
However, the city commission may renew such variance, s~cial
exception or conditional use for one (1) additional period of six (6)
months, provided good cause is shown and the application for
extension shall be filed with the board at least thirty (30) days prior to
the expiration of the six-month period. Any renewal may be granted
without public hearing, however, a reapplication fee may be charged
in an amount not to exceed the amount of the original application fee.
lt is intended that provisions contained within this subsection are to be
retroactive to the extent that any variance, special exception or
conditional use previously granted shall become void if a period of
time in excess of twelve (12) months shall have lapsed, and a building
permit based upon and incorporating the variance, special exceptions
or conditional uses has not been used prior to expiration of such time
limit.
September 24,2001
REGULAR AGENDA ITEM F
Page 6
CHRONOLOGY:
March 2, 2001 - City received application for building permit for Lot 11
March 6, 2001 - City Land Development Coordinator Don LeBlanc
approved zoning and setbacks for building permit application as
consistent with the 20' front building setback depicted on the final
subdivision plat.
March 30,2001 - City issued building permit No. 01-00349
August 7, 2001 - City Staff performed frame inspection and "as built"
Survey, incorrectly reflecting a 20' front yard setback,
(dated May 17,2001) received by the City.
August 16,2001 - Inspector noted potential problem in setbacks; builder
provided second corrected "as built" survey (dated August 16, 2001); stop
work order issued.
August 20, 2001 - Variance application received by City.
August 24, 2001- Building Official Dennis Franklin provided a
Memorandum recommending the encroachment be removed.
August 29, 2001 - City receives letter from HOA president stating that
Richland Properties had granted a variance from the 30' front building
set forth in the homeowner documents to 22'.
August 30 and September 4,2001 - City Staff requested an original or
copy of the May 17,2001, "as-built" survey from the surveyor.
September 5, 2001 - City received another copy of the August 16,2001,
"as-built" and was advised by the surveyor's staff that the May 17, 2001
"as-built" no longer existed.
September 6, 2001 - City received faxed letter from Richland Properties
in support of the variance and City Board of Adj ustment hears the
variance request.
September 24,2001
REGULAR AGENDA ITEM F
Page 7
FINDINGS:
1). Lot No. 11 is one of the five (Lots 10-14) floodway lots approved for
development under a letter of map revision (LOMR) from the Federal
Emergency Management Administration (FEMA) dated February 7, 2001.
2). A building permit was issued for the site, based upon the required 20-foot
front yard building setback.
3). On August 7, 2001, the City received an "as built" survey (dated
May 17,2001) depicting a 20-foot front yard setback at the southwest comer.
4). Also on August 7, 2001, the City did a framing inspection at the subject
property.
5). On August 16, 2001 the developer provided a second "corrected" as-built
survey showing a 17.37 foot front yard setback instead of a 20 foot setback as
shown on the May 17,2001 survey. City staff compared the survey to the original
plot plan and issued a stop work order because the structure failed to meet the
required front yard setback.
6). On August 20,2001, the applicant, Richard Heidenescher, President of
Heidenescher, applied for a variance, providing a letter of authorization from the
property owner.
7). On August 24, 200 I, Building Official Dennis Franklin provided a memo
addressing the situation at the site and recommending that the encroaching
portion of the garage be removed.
8). On September 6, 2001, the Board of Adjustment heard the request for a
variance and was unable to provide a recommendation for approval or denial
(2-2 vote),
BOARD OF ADJUSTMENT:
At its regularly scheduled meeting of September 6, 2001, the City of Winter
Springs Board of Adjustment could. not agree on a recommendation to the City
Commission. Those opposed to the variance referenced the criteria in the code
for granting variances. Those in favor of granting the variance stated that they
felt that granting the variance would not be injurious to the neighborhood, or
otherwise detrimental to the public welfare.
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ATTACHMENT A
Plot Plan
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NC>TI"CE.<_
F.E.f~.A. Elevation Certlflcdte "~..
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.llegl5lered Engineer or Surveyor must be
lmltted 10 Bldg. Depl. prior to framing Inspection.
Nori'I(~"i~:
rlE MINIMUM FIIUSHEO FLOOR ELEVATIOloJ SHALL
BE NO LESS THAN SHOWN ON APPROVED
'NGINEERING PLANS IF APPLICABLE. IN NO-CASt:
;HALL THE FINISHEO,a E~T@Jg ala "
THAN 181NCHES B€N c 000
ELEVATION A... HEO FLOOR ELEVATION
(PER MEAN SE LEVEll 5HALL BE REOUIF,::O
RF.FORf FR~MING INSPECTI(\N - - T
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20' Drainage J.7)!f'e.~t .CODES IN EFFEC r
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DRAWINGS AND TRUSS LAV'
USED ON THIS PROJEC Ii. .
U SITE FOR FRAMF I~i'. .
~ R= 125.00'
L= 34.35'
6.= 15044' 46"
50"
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Ph::5t an -- Heidenescher~ ~ J?/ -' '])<(("770..J.....
"_ And Mrs. Goodenbury
at 11 Reserves @ Tuscowillo
_;-_ Cherry Creek Circle
~~ingS' FI. 327080:~1 Note~:
'~~"fJfJt uvui _ ~ato\f
.dcr APproval;J-?f!i-;;
Rovlslons:
2/8/01 Driveway Rcvl~lon
Plat Book 48 Page 31-
40
Reserve At Tuscowilla
Phose l-A
Section 6
Township 21 South
Range 31 East
Seminole County, Florida
r:I:
Cu~tom HomC3
Data:
Fol;ruary 2. 2001 Scale:
1"= 30'
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ATTACHMENT B
2 "As-Built" Surveys
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LOT ",
in Plat
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PlAT:.OF SURVEY
for
HEIOENESCHER HOMES, INC.
Legal Description
RESERVE AT TUSCAWILLA PHASE l-A, according to the Plat thereof as recorded
Boo' 58, P'9" 99 '0; ~~f t~' 0 5..;00[. C,""&FlOdd'.
ReceaVED
AIIG 0 7 2001
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SCALE: 1"=30'
a.. FOUNO 4'X4' CONC. MON. 156JJ
SURVEY t,JOTES:
1) The street address of the above described property is 122 CHERRY CREEK CIRCLE.
2) The above described property lies in a Flood Zone A, E, & X
SURVEYOR'S CERTIFICATE
5 is to certify Ulat [ have made a Survey of the _bove described property and that the plat hereon deline_ted
an accurate <<..'Presentation of the same. I furU,er certlry that U,ls Survoy meets the M!nim.ln rcdYl!c.l
-~=o~= set forU, by the FlorLd. l30ard of L_nd Surveyors pursuant to Section 427.027 of tho Florida Statutes.
n(V rs [OuS:
(0 (O~ rOUIJO~TIO , 17 f.1A'i' 2001
CEnrIFIED conr~CT 10:
Gn(GOny P. & MAGGIE L. COODENOURV
I r]rrEOANC MOTHGACE CCJ1POnA r ION
CUI A ILAtH IC r rrt.E
10000'I:SCIIOl IICM:S, W:.
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Post Oute.. Box :123, Sanford, Fl.
(om). 322-2CXXl
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PLAT OF SURVEY
for
HEIDENESCHER HOMES, INC.
Legal Description
LOT 11, RESERVE AT TUSCAWILLA PHASE 1-A, according to the Plat thereof as
Plat Book 58, Pages 99 and laO, of the Public Records of Seminole County,
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a - FOUNO . -x.' CONC. IAON. 15633
SURVEY NOTES:
" The street address of the above described property is 122 CHERRY CREEK CrRCLE.
2, The above described property lies in a Flood lone A, E, & X
SURVEYOR'S CERTlFIcnTE
recorded in
Florida,
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'OJ i~ to certify thal I h:IV(: H\:HJC ~I ~urvcy of the .,l>ovc de:ocritJcd property and that the plat her(:CYl del in(:.llc'(.1
';, an accurale rcprc:;cntatiot" of the ~..\tnc. I further certify that thl:; Survey Rleels lhe Mlnirn..sn Tcdvlical
l."nd"Hd~ ~ct forth by lh(~ rlor id;t Uoard of L;,n(1 :..urvcyor::; nlJr~uant to ScctlOf' 427.027 of the Florida Stalule:;.
CEflllFfEO O)"mrCI TO:
CIlCGOflY r. & Ml\CG IE L. GOCIOUJOlJI!"f
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GIV' l\ILMHIC IrILE:
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ATTACHMENT C
Variance Application
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BOARD OF ADJUSTMENT APPLICATION
CITY OF WINTER SPRINGS
1126 EAST STATE ROAD 434
WINTER' SPRINGS, FL 32708-2799
(407) 327 -1800
FOR:
SPECIAL EXCEPTION
VARIANCE
'CONDITIONAL USE
ADMINISTRATIVE DECISION
x
1. APPLicAM:Jjt==:l~~ Hot1E:':> :l:k. . 'PHQNE~) b~A'8t;X)C:l X 14
ADDRESS: . ~2,~o ;).l-\'-'1..l1-~t" l~oJ"../rP9 I 1=-1-. ::'~1S0
2 PURPOSE OF REQUEST: CJ.\"-ol6,f<. -r.k t'/loJUv\~'''''' F~I>JT ..se:.T~
FOlc::. ,.., 20 · I'" 11' - 4 .. .
3. ATTACH A COPX OF THE PARCEL SURVEY.
4. ATTACH AN 11 x 17 MAP SHOWING THE SUBJECT PROPERTY AND
SURROUNDING PARCELS.
5. ATTACH LEGAL' DESCRIPTION.
6.
L U"l ll, 114- ~ e.r- -S&t... ..(1.-
f.
TAX PARCEL IDENTIFICATION NUMBER:
7, LOCATION
Streets):
Cross
8. PRESENT ZON ING: .f'u <::>
LD.tl...
FUTURE LAND USE: NO CJ4,..o1G" (,
By Signing below' I understand that City of Winter Springs Officials
may enter upon my property to inspect that portion as relates to
this applIcation;
(If the applicant is not the owner of the subject property, the
applicant must' attach a letter of authorization signed by the
~e1c~
OWNER-PLEASE TYPE
R.<:.H AaD Eo 1J~ ~ tSSCAiE.e..
OWNER-SIGNATURE.
PERSONS ARE ADVISED THAT, IF THEY DECIDE TO APPEAL ANY' DECISIONS
MADE AT THESE MEETINGS/HEARINGS, THEY WItL NEED A.RECORD OF THE
PROCEEDINGS AND FOR SUCH PURPOSE, THEY WILL NEED TO INSURE THAT A
VERBATI~ RECORD OF THE PROCEEDINGS IS MADE,AT'THEIRCOST, WHICH:
INCLUDES THE TESTIMONY AND .EVIDENCE UPON WHICH THE APPEAL IS TO BE~~~
BASED, PER SECTION 286.0105, FLORIDA STATUTES
SECTION 20-84 - APPEALS FROM DECISIONS OF THE BOARD OF ADJUSTMENT
(1) Any person, or persons, jointly or severally aggricved by
any decision of the Board of Adjustment may, IJitli1'iri.!Jt:tl'i::it!V~~~,\3_P) ",i'
d f t t h f. I . ~ d.' . t h f f' '.l.' ,. 'F ".Jc/.!n liD'( h.l;.ft, Lf
ays a er e t lng Oc any eC1Slon ln e 0 lCIr_tPr Ih.l!c UOilor;'1It<l ." i.,.,'j
Adjustment, but not thereafter, apply to the c.i,t'-Jl,t Council for ;2S0.Gli
administrative relief. After a hearing before th~tci'8r~,.t.,~~,~,\1~~fn~i'
aggrieved party may, within thirty (30) days aftcL~I~~~lC dccisipn;'o~in
the City Council, tile an appeal IJith a coui'.bd~ot comp,"e;dPft::~.;;~;(""i,i.:'
jurisdiction over the subject matter.
!\!>proved as to torm 0G..k((h bO-!::>Q~l Datc:-.0[1 LZj
Co 10m 1I n i. t /D e v c lop In en t Coo r dill .) I; 0 ::
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APPLICATION INSTRUCTIONS
A staff. Repor~ will be developed for e~ch Application, The
Applicant should be prepared to address each of the issues p~ovided
below for Variance requests. The appiication must be submitted in
typewritten format.
In order to grant a variance, the.Board of Adjustment must make the
following findings of fact:
1. That special' conditions and circumstances exist which are
peculiar to the land. structures or buildinqs "involved and
w h i c h are' not a p pi i cab 1 e too the ria n d s . s t r u c t u res 0 r
buildinqs in the same zoninq district.
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2.. That special conditions and circumstances do not result
from the actions of the applicant.
',", . l"~',' ~. E' '3~,'" 'I'na:t'{q.blii t i nq the va r i ance reques t ed will not con fer on
'the applicant any special privileqe. that is denied by this
chapter to other lands, buildinqs or structures in the same
~... ....' ,.zoninq.district.
<I. That. literal interpretation of the provisions of this
chapter would deprive' the applicant of riqhts commonly en;oyed
by other properties in the same zoninq district under the
ter~s of this chipter and would work unnecessary h~rdship on
the applicant.
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S. That 'thtt variance qranted is the minimum.,. variance that
will make ~6ssible the ~eas?n~ble use of th~ land. buildinq or
. ".s t ['.Ii c t Ii r er'. " ::,."',; < ...,,: .....,,,.',. .'
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6. . That the qrant of the variance will be.in:harmony with the
qenera'l intent and purpose' of'. this" cna'pter'; wi 11 not be
in;urious to the neiqhborhood. or otherwise detrimental to the
public welfare.
7. The request must be consistent with the ob;ectives and
policies of the Comprehensive' Plan.
':':.'. ,..! :\"~ . :.- i.:,"':~ f" '., ....f'. ...........(... t.. :...... ",:,,:;,.:.,'
. THE APPLICANT IS REs~6NS1:Br..;E'F6R PR:blii'Dr'flG THE CITY WITH THE NAMES
AND ADDRESSES O.F. ~~Cj{. .p/:l-qr.ERT'y . QH,N~ft . w ~ TH IN r:}Sp FT. OF EACH
PROPERTY C'IN'& BY THE....SCHEDUI;ED TIME. .' .
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C. PER PLAT BOOK 4e. PAGE Ji
d: OfTlOAL RECORCS BOOK
32.23. PACE 0.36.3
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HEIOEN~SCHER HOMES. INC.
LONGWOOD. FLORIDA 3275\J
018316
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lOt~G\-'/OGD, FLORIDA 32750
PHON,,: (';07) 834-8500
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'. fOREST CITY OFFICE
NOjt711 AUAMONTE SPRIII:GS. f'L. :!2714
018316
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CHECK NO.
01 '2>3 I G:,
M10UNT
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THE
JER
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CITY UF WiNTER SPRINGS
~ISC ~fCEJ~T 50;24
Cl H HALL
R~FERdICE
1126 STAlE RO!iD .\34
. DATE/TinE 08/20/01
UINIER S~kI~~S ~L 32798
CLERK cuordon
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ATTACHMENT D
Authorization Letter
Mr. John Baker, Zoning
City of Winter Springs
1126 E State Road 434
Winter Springs, FL 32708-2799
To Whom It May Concern:
August 20, 2001
~i
,-.
,'.
;~l't
We hereby authorize Ric Heidenescher of Heidenescher Homes to represent us,
Maggie and Greg Goodenbury, for the property variance request for Lot 11, Reserve
Phase lA, Tuscawilla, Winter Springs.
Sincerely,
~ trY~~
~GOOdenbUry -
d~dO-JI
Date I
b-ZO- Uj
Date
() .
"~' ~( . gp% /
!../ JAMES K. DOWNEY
'a' "(.
~. '\:-. Nol.lry !'lIlllre 51:'!', 01 r-I{J(I(I;,
My 1;<1111111 '''(lI1''~ ~by I iJ 20lH
Nt) CC'J:lIlI).;I,
fl,
,..:.;~. ."
i
ATTACHMENT E
8/24/01 Building Official Memo
I
'~ .
Memo
To:
From:
John Baker, Land Development coordin~t~
Dennis E. Franklin, CBO, Building Officia~
08/31/01
,;1: ?
Date:
Re: 132 Cherry Creek Cr.
The following is a recap of Building Division activity at 132 Cherry Creek
Cr., permit #01-00349, issued March 30, 2001. The original submitted
survey was reviewed and approved by the City Land Development
coordinator, and the plans were then reviewed for Standard Code
requirements by the city Plans Examiner. Once technical code
deficiencies on the plans were satisfied, the permit was issued.
The appropriate inspections were performed up to the frame inspection,
and the "as built" survey was received August 7, 2001. City policy
requires that a second survey be performed and submitted at the frame
inspection. The Inspector compared the original and the second survey
and determined that there may be a problem with the front setback
dimensions meeting city requirements. This situation was brought to
the attention of the Land Development coordinator who agreed that
there might be a significant setback problem. The Inspector immediately
notified the Building Official and the job was stopped until the builder
could provide an additional survey to more specifically establish a true
setback measurement.
It is my understanding that the front property measurement on the
originally submitted survey was not taken at the closest point of the
building to the front property line. The "as built" survey revealed the
dimension in question, which prompted the concern.
01':1<)': 1
I believe that if it is determined that this structure is encroaching the front
setback then the builder should be required to satisfy the violation and
remove that portion of the garage which violates the setback
requirement~ of the city. He will need a State of Florida Engineer to
prepare and seal drawings to show the alterations to the originally
submitted and approved plans required correcting this situation. The
City of Winter Springs Building Division will provide any 'assistance
needed to expedite the process.
· 1':IlJ': /
;.
{;? ~~-
ATTACHMENT F
Letters of Opposition & Support
,:
,.1;, ...
THE RESERVE AT TUSCA WfLLA COMMUNITY ASSOCIATION, INe.
c/o E PM SERVICES 407-327-5824
P. O. Box 915322
Longwood, FL 32791-5322
,
; ~
August 27,2001
~ t>::: {P'," .... Iffo>> '7;.,.
q-"l...-O>-,,"c,!'~il"'>.
......... WJ \W ~.: ~;,
City of Winter Springs
John Baker, Current Planner
1126 E. ST. RD 434
Winter Springs, FL. 32708
,r
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Dear Sirs:
On behalf of the Reserve at Tuscawilla Homeowners Association, Inc. I would like to express our
concerns regarding the proposed variance for Lot # 11, 136 Cherry Creek Circle, a new house
being built by Heidenescher Homes. The Declaration of Covenants, Conditions, Easements and
Restrictions (see attached section (8.8.1), which every new homeowner must sign, specifically
call for setbacks of thirty feet. Against the wishes of the ARB and the Board of Directors, the
builder had already received a variance from the specified 30 feet down to 22 feet. Although the
association had been turned over to the homeowners, the developer, Richland Properties, still
retained the right to issue variances on the lots they owned, and as a result, allowed the variance.
It is now our understanding and belief that the house, which appears to be near structural
completion, has only an approximate 17 feet setback. With the original variation viewed so
negatively by the association, we clearly are very disappointed in the lack of attention paid to
insure that no violations would occur. Secondly, we still have not received an adequate
explanation about how the house could have passed inspection by the city.
By no means are we suggesting that t1le house should be tom down. Rick Heidenescher is a
quality builder as well as a valued member of our community and personal friend. However, the
board has a sworn duty to uphold our association's covenants. We are very much concerned how
the approval of this variance will affect the remaining adjacent lots, which have yet to begin
construction. Already, one builder has received a variance from the developer to reduce the
setback from 30 to 22 feet. We do not want to see further variances occur.
We hope the commissioners can find a way to provide a remedy that will satisfy both t1le
Homeowners Association and t1le builder/homeowner.
Sincerely,
rn ~ GUY-Q/T)
Mark Queen ~
President
Reserve at TuscawilIa Homeowncrs Association, rnc.
Cc Hcideneschcr Homcs, IIlC., Builder
Mr. & Mrs. Goodcnbllry, OWllers
Richland Tllscawilla Ltd., Developer
City of Willter Springs City COllllnissiOIl Board of Directors
09(06/2001 THU 14:37 FAX 8134902445 RICHLAND
l(J002l003
CCJQ
RICHLAND INVESTMENTS,JJ.c
September 6, 2001
City of Winter Springs
John Baker. Current Planner
1126 E. ST. RD 434
Winter Springs, Florida 32708
,'r
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!
Rc: Lot No. 11
136 Cherry Creek Circle
To Whom It May Concern:
This letter is written to address the existing encroachment into the front yard setback on
the referenced lot and as depicted on the attached sketch.
Richland Tuscawilla Ltd. has previolLSJy granted a variance that was required under the
CC&R's to 22'. Consequently, a reduction in the setback to 17.37' would not be
supported if the construction of the structure were not in such an advanced phase when
the encroachment was discovered. In light of the situation, it is believed that a
modi fication to the structure at this time would be detrimental to the aesthetics' and
consequently the value of the home and swrounding properties. Additionally, it is also
believed that this encroachment was the result of an honest, yet unfortunate mistake.
In summary, in its capacity as Architectural Review Board and as an adjacent lot owner,
Richland Tuscawilla. Ltd. does not object to the city of Winter Springs granting a
variance to the required setback to remove the encroachment. However, it must be noted
that this position is based on the obvious hardship presented and is no way creates
precedence for future setback reductions within The Reserve at Tuscawilla.
Sincerely,
~.
1. Cw1 Wilkinson
Vice President, Development
~
~
JCW:de
Attaclunent(s)
TWO URBAN CENTRE. 4690 W. KENNEDY BLVn. . SUlTl:: 650 . TAMPA. FLORIDA 33609-1663 . a, :)/286.41110 . f=AX 813/266-4130
~9/06/2001 THU 14:37 FAX 8134902445 RICHLAND
III 003/003
5."l b7.HEIOeHESCHER HOnES AuO-Z9-01 ":10~n
r~o~ 4e1'~4.~'~'61' 2~6 1138
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PLAY or SURV(Y ~
tor
H&lOENESCH~R H~ES, INC,
Logal Oescrl.otioo
lLLA PHASE 1-A ~cr.ord;ng to tht Plat ther~01 as
LOT 11, RESERVE AT TU9$9C~Wd 100 of the PUblic Records of Sem\nol~ tounty~
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SlmVEY NlJTES:
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2, T~ Obovt descrIbed proPftrty lies in a Flood Zone! A, E, & l(
SURV(YO~'S CERTIfICAT(
Thh (" to CfttUy tIoct I II~"" ....de . ~rv-r of tt>e .001/. dGcc;r1lled pniQllrty M'd ~l t.hlI Plat ~ dellre.t<<t
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Ct:RTIl"t[O T TO:
l'R:COllf p. & ~ilCCIE t. C;~
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PROJECT NO: 01- 61
II; N
R. BlAIR KITNER. P.L:!;. ~. 318~
PIlOt ertleo IlOJl :1<:3. :ltsltard. n. :llTl'Z-0&2.l
{"01) .ll?-2lJJO
SUfM;V DATE: to F€~. lOOI
. " ATTACHMENT G
LOMR & 2/07/01 Letter from PEe
r'
Federal Emergency Management Agency
Washin~ton, D.C. 20472
OcT 2 6 2000
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
IN REPLY REFER TO:
Case Number:
(follow-up to CLOMR:
Community Name:
00-04-059P
95-04-36lR)
City of Winter Springs,
Seminole County,
Florida
120295
12117C0135,
12117C0155,and
12117COl65
. ,
Mr. Ronald McLemore
Manager of the City of Winter Springs
1126 East State Road, Suite 434
Winter Springs, Florida 32708
Community Number:
Map Numbers:
Effective Date of
this Revision:
"'*'j:
FEB 0 7 2001
102-I-A (c)
Dear Mr. McLemore:
The Flood Insurance Study (FIS) and Flood Insurance Rate Map (FIRM) for Seminole County
and incorporated areas, which includes flood hazard information for the City of Winter Springs,
have been revised by this Letter of Map Revision (LOMR) to reflect the placement of fill along _
Howell Creek. The subject area is located along Howell Creek in thejQcinity_ofTusca\Yilla--.----".c-).(: "-(;, ',-
Parcel 80, from a point approximately 1,200 feet downstream orsMe Route 4 irto'a point
approximately 500 feet upstream of the confluence of Bear Creet-This-PnJject'also affects flood
hazard information for the unincorporated areas of Seminole County. This revision was initiated
by Mr. Michael B. Galura,P.E., of Professional Engineering Consultants, Inc., in a letter dated
December 10, 1999. We issued a conditional LOMR for this project on April 26, 1996. The
subject area is shown on the Seminole County and incorporated areas FIRM numbers
12ll7C0135E, 12117C0155E,and l2117C0165 E, all dated April 17, 1995.
We received the following data, prepared by Professional Engineering Consultants, Inc., in
support of this revision: -
· a report, titled Letter of Map Revision, Tuscawilla-Parcel 80, dated December
1999, including all as-built plans for the fill placement along Howell Creek;
· HEC-2 hydraulic models, dated November 4, 1999, of the 10% (1 O-year), 2% (50-
year), 1 % (IOO-year), and 0.2% (SOO-year) annual chance floods and floodway for
Howell Creek, reflecting existing conditions;
· a certified topographic map, titled As-Built Drawing, Tuscawilla-Parcel 80, dated
October 11, 1999, at a scale of 1 "= I 00', with a contour interval of I foot,
reflccting the existing conditions I % annual chance floodplain and flood way for
Howell C~eek, and showing the locations of the cross :ffltilll~~iInnFf~})
aforcmentlOned HEC-2 model; -
OCT 3 G ? 0 011
,: I ~ '{ I: I' .'.,
2
.
a copy of the Seminole County and incorporated areas FIRM numbers
l21l7C0135E, l2ll7C0155E,and l2ll7C0165 E, all dated April 17, 1995,
annotated to show the 1 % and 0.2% annual chance floodplains and floodway for
Howell Creek, reflecting existing conditions;
.
a copy of the public notification, published in the Seminole Herald on January 17,
1999, announcing the community's intent to revise the floodway for Howell
Creek;
" ,
/"
.
letters, dated April 18, 2000, from Mr. Galura, to affected property owners,
notifying them of the increases in the Base (l % annual chance) Flood Elevations
(BFEs) and 1 % annual chance floodplain for Howell Creek; and
qj:- .,,'"
;:
· completed application/certification forms, including community concurrence with
the request.
We received all data necessary to process this revision by September 26, 2000.
Based on our review of the submitted data, as well as the data submitted in support of the
conditional LOMR, we are issuing this LOMR to reflect both increases and decreases in 1 %
annual chance water-surface elevations, and widening and narrow~g.DLthe l%'~.(1L chance
floodplain and floodway along Howell Creek from just upstream of State Route 41"910 a point
approximately 0.7 mile upstream of the confluence of Bear Creek. The maximum increase in the
I % annual chance water-surface elevations is approximately 0.7 foot at a point just downstream
of CSX Transportation line. The maximum dec~,ease -in-the'l %,ann~al chance water-surface
elevations is 0.1 foot at a point just downstrearrt~tate~llte 419:This LOMR revises the
Seminole County and incorporated areas frS report, Tallie 5 (Floodway Data) and Flood Profiles
OIP and 16P; and FIRM numbers 12117C0135 E, 12117COl55 E, and 12117COl65 E, all dated
April 17, 1995, as shown on the enclosed annotated portions the FIS and digitally reproduced
portions of the FIRM.
....(~ d _ -.' I'
,',::..."
We have enclosed a copy of the public notification of the revised BFEs, which will be published
in the Seminole Herald on or about November 1, 2000, and November 8, 2000. It} addition, we
will publish a notice of changes in the Federal Register. However, we will not pr~nt and
distribute this LOMR to users, such as insurance agents or lenders. Your community will serve
as a repository for the new data. Therefore,,,we_encQurage, you to supplement the notification to
--- . --
appear in the Seminole Herald by prepiring a ne\:\,s.rel<::':lse fo'r publication in your co'mni.'t.lni'ty' ''''
--n-ewsj:faper thatdesc~ibes the revision an'd explains how you'r cOrllf!:llmity will provide"data'and-
help interpret the National flood Iilsurance'Prograni"(NFIP)"map'. [n that way, intereslCau", ,-
persons, such as property owners, insurance agen'ts,'iuld 'rn()rtgage'lenders, can benefit from the
information.
Within 90 days of the second publication in the Seminole Herald, any interested party may
request that we reconsider this determination. Any request for reconsideration must be based on
scientific or technical data. Therefore, this letter will be efTective only after the 90-c1ay appeal
pcriod elapses and we resolve any appeals that we receive during this appcal reriod. Until this
LOMR is cffective, thc reviscd I3FEs presented ill this LOMR may be changed.
3
We based this determination on the 1 % annual chance discharges published in the April 17,
1995, FIS for Seminole County and incorporated areas. We have not considered changes in
watershed conditions that may have occulTed since the publication of the Seminole County and
incorporated areas FIS and that may have increased discharges. Additionally, future
development of projects upstream of the subject area could change watershed conditions and
increase discharges. A comprehensive restudy of your community's flood hazards would
conside,r any changes to flood hazard conditions subsequent to the publication of the FIS for
Seminole County and incorporated areas, and the flood hazards shown in the FIS and FIRM
could be increased.
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,
,
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Your community must approve all proposed floodplain development and ensure that permits
required by Federal and/or State law have been obtained. State or community officials, based on
knowledge of local conditions and in the interest of safety, may set standards for construction
that are higher than the minimum NFIP criteria or may limit development in floodplain areas. If
the State of Florida or the City of Winter Springs has adopted more restrictive or comprehensive
floodplain management criteria, those criteria take precedence over the minimum NFIP
requirements.
Because of funding constraints, we must limit the number of republications. Consequently, we
will not republish the FIS and FIRM for Seminole County and incorporated areas to reflect this
determination. However, we will incorporate this determination when we next republish the FIS
and FIRM numbers 12117C0135, 12117C0155, and 12117C0165.
We have enclqsed an updated version of a document titled "List of Current Flood Insurance
Study Data," which now includes this letter, to help your community maintain all information for
floodplain management and flood insurance. If any of the items in that document are not filed in
your community's map repository, please contact the Federal Emergency Management Agency
(FEMA) Map Assistance Center at the number listed below for information on how to obtain
those items.
We provide the floodway designation to your community as a tool to regulate floodplain
development. Therefore, the floodway revision we have described in this letter, while acceptable
to us, must also be acceptable to your community and adopted by appropriate community action,
as specified in Paragraph 60.3(d) of the NFIP regulations.
This revision has met our criteria for removing an area from the I % annual chance floodplain to
reflect the placement of fill. However, we encourage you to require that the lowest adjacent
grade and lowest floor (including basement) of any structure placed within the subject area be
elcvatcd to or above the BFE.
Use thc map panels listcd above and revised by this lcttcr for flood insurancc policies and
rcncwals issued for property located on thcsc panels aftcr thc cffectivc e1atc of this LOMR.
Wc have madc this detcrmination pursuant to Section 206 of thc Flood Disastcr Protcction Act of
1973 (P.L. 93-234) and in accordance with the National Flood Insurance Act of 1968, as
amended (Tille XIII ofthc I-lousing and Urban DcvclopllH.:nt Acl of 1%8, P.L. 90-448), 42
4
V.S.C. 4001-4128, and 44 CFR Part 65. Pursuant to Section 1361 of the National Flood
Insurance Act of 1968, as amended, communities participating in the NFIP are required to adopt
and enforce floodplain management ordinances that meet or exceed minimum NFIP criteria.
These criteria, including adoption of the FIS and FIRM, and modifications made by this' LOMR,
are the minimum requirements for continued NFIP participation and do not supersede more
st~ingent State or local requirements to which the regulations apply.
,\
If you.have any questions, please do not hesitate to contact the Director, Mitigation Division of
FEMA in Atlanta, Georgia, at (770) 220-5400, or the FEMA Map Assistance Center toll free at
1-877-FEMA MAP (336-2627).
::r
, ,
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Sin~(. 'lJ?r ~
101m F. Magnotti III
Project Engineer
Hazards Study Branch
Mitigation Directorate
For: Matthew B. Miller, P.E., Chief
Hazards Study Branch
Mitigation Directorate
Enclosures
cc: Ms. Zynka Perez,--P:E::-Engineer for the City of Winter Springs
Mr. Kevin Grace, Manager of Seminole County
Ms. Heidi Liles, Planning and Development, Seminole County
Mr. Michael B. Galura, P.E.
State Coordinator
PEe
PROFESSIONAL ENGINEERING CONSUL TANTS, INC.
February 7, 200 I
RP-37
1-1.0
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i'
Mr. Charles Carrington, AICP
Community Development Director
,City of Winter Springs
1126 East State Road 434
Winter Springs, Florida 32708-2799
. "..'
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/i
RE: REQUEST TO FORivlALL Y RECORD THE APPROVED PLAT
TUSCA WILLA PARCEL 80, Phase I-A (The Reserve at Tuscawilla)
LOTS 10-14
Winter Springs, Florida
Dear Mr. Carrington:
On behalf of Richland Properties, Inc., we respectfully request the recordation of the approved plat
for Tuscawlla Parcel 80, Phase I-A (The Reserve at Tuscawilla) which encompasses the subject creek-
front lots 10-14. We have not received any formal notice of any objections to the issued Letter of Map
Revision (LOMR) under FEMA 's 90-day statutory appeal period within the National Flood Insurance
Program (NFIP) regulations, therefore are under the presumption that the LOMR takes effect on
February 7, 2001, as cited in FEMA's letter to Mr. Ron McLemore, City Manager, City of Winter
Springs, dated October 26,2000. It is our understanding that once the LOMR takes effect, the formal
recordation of the approved plat can take place. This will allow building permits to be applied for and
issued for the subject creek-front lots.
Your earliest response would be greatly appreciated. If you have any questions, please do not hesitate
to call me directly at 422-8062, Extension 185 or contact me bye-mail at:mgalura(W.peconline.com.
Respectfully,
PEe/Professional Engineering Consultants, Inc.
~3.4~
Michael B. Galura, P.E.
Sr. Project Engineer/Associate Principal
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cc: J. Curt Wilkinson, Richland Properties, Ine.
Kimberly Hall, City of Winter Springs
Zynka Perez, City of Winter Springs
Don LeBlanc, City of Winter Springs
Greg and Maggie Goodenbury
Ric Hcidcncschcr, Hcidcncschcr Homcs, Inc.
David Hamstra, PEe
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5ureyors
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"Enuinccrifll) Our Communi/v'
200 Ea:.l FlotJil1sol1 Sl~!;(?i . S;li![! 1 jGI) . Orlar;rJo Florida 3280 I . 407/,122,80G2 . :-.'\X ~1)7.3':9,9,:O 1
ATTACHMENT H
BOA Summary
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UNAPPROVED
CITY OF WINTER SPRINGS
MINUTES
BOARD OF ADJUSTMENT
REGULAR MEETING
SEPTEMBER 6, 2001
I. CALL TO ORDER
Chairman Greg Smith called the Board of Adjustment Regular Meeting to order
Thursday, September 6, 2001, at 7:03 p.m. in the Commission Chambers of the
Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida
32708). The Pledge of Allegiance followed.
Roll Call
Chairperson Greg Smith, present
Vice Chairperson Elizabeth Randall, absent
Board Member Sally McGinnis, present
Board Member Jack Taylor, present
Board Member Thomas Waters, arrived at 7:06 p.m.
II. CONSENT
CONSENT
A. Approval of the June 7, 2001 Regular Meeting Minutes.
Chairman Smith asked for a Motion for the approval of the Minutes.
MOTION BY BOARD MEMBER McGINNIS. "SO MOVED." SECONDED BY
BOARD MEMBER TAYLOR. DISCUSSION. WITH CONSENSUS OF THE
BOARD THE MOTION WAS APPROVED.
MOTION CARRIED.
III. REGULAR AGENDA
REGULAR
A. Election Of Officers.
Chairman Smith opened the floor for nominations for Chairman.
MOTION BY BOARD MEMBER JACK T A YlLOR STATED, "I'D LIKE TO
NOMINATE YOU MR. CHAIRMAN." SECONDED BY BOARD MEMBER
McGINNIS. DISCUSSION.
1JNAPPROVED
CITY OF WINTER SPRINGS
MINUTES
BOARD OF ADJUSTMENT
REGULAR MEETING - SEPTEMBER 6, 2001
PAGE20F6
Chairman Smith closed nominations.
WITH CONSENSUS OF THE BOARD THE MOTION WAS APPROVED.
MOTION CARRIED.
Chairman Smith opened the floor for nominations for Vice Chairman.
MOTION BY BOARD MEMBER McGINNIS. "ELIZABETH RANDALL, I'LL
NOMINATE HER."
Board Member Tom Waters arrived at 7:06 p.m.
SECONDED BY BOARD MEMBER TAYLOR. DISCUSSION.
Chairman Smith closed nominations.
WITH CONSENSUS OF THE BOARD THE MOTION WAS APPROVED.
MOTION CARRIED.
REGULAR
B. Variance For Setback At 132 Cherry Creek Circle.
Mr. John Baker, AICP, Current Planning Coordinator introduced the Agenda Item and
spoke of six criteria's for a Variance. Mr. Baker stated, "Staff feels that the
encroachment into the front yard building setback clearly results from the actions of the
applicant builder, criteria number two (2). And that criteria one (1) through six (6) are
not met for granting a Variance." He read the following from the Agenda Item: "The
Board of Adjustment may recommend a reasonable time period to accomplish any
recommendation' such as the Building Official's recommendation to modify the building
to remove the encroachment. This Variance request has been noticed as required by
Section 20-83. of the Code of Ordinances. I would note and enter into the record a letter
that we received today from Richland Investments."
Discussion followed regarding the house number being changed from 132 to 136 Cherry
Creek Circle (Lot Number 11).
Mr. Baker read the chronology, the findings and reviewed the attachments.
Mr. Mark Queen, President, Reserve at Tuscawilla Homeowner's Association, J 29
Cherry Creek Circle, Winter Springs, Florida: said "Personally it doesn't bother me too
much that the house is a little close but on the other hand I have been instructed by the
Board of the Reserve at Tuscawilla Homeowners to express our general unhappiness with
UNAPPROVED
CITY OF WINTER SPRINGS
MINUTES
BOARD OF ADJUSTMENT
REGULAR MEETING - SEPTEMBER 6, 2001
PAGE30F6
the fact that it has gone beyond what the Variance permitted. We have pretty much
talked to a lot of Homeowners, a lot of Homeowners have called to expressed their
displeasure at this in varying degrees but not one of them have recommended that the
house be tom down. I think everyone is more concerned that this type of thing doesn't
happen again. We still have some lots that are available in our neighborhood and we're
concerned that - no more violations like this occur but no one like I said, is advocating
that this house be tom down." Discussion.
Mr. Rick Heidenescher, 101 Cherry Creek Circle, Winter Springs, Florida: as the builder
distributed a handout to the Board Members. He stated "First of all I want to
acknowledge, yes, we did make a mistake and it was a honest mistake and it was just
really a series of misfortunes and I'll try to do this just briefly - you may not be to
concerned about why." He explained that after he had submitted for a permit, and shortly
after the Homeowners requested an additional two (2) feet to be added to the home. New
plans were drawn and the revisions were submitted for the building permit.
Mr. Heidenscher further stated "Our intention was to maintain the 20' 5" setback at the
front of the house and this is the second plot plan that was submitted to the building
Department and again our intentions were to have the house sit on the lot like that and
obviously it wouldn't have encroached on the twenty (20') foot setback. Well what
happened was that somehow the house did not get staked properly. It was never staked-
it was staked from the first plot plan and not for the second plot plan. To compound that
a foundation man did not question it and took it upon himself to make a educated
decision as to what to do with the problem, obviously it was not the right answer." He
continued to speak regarding house placement on the lot; and columns along the garage;
while reviewing a handout and photographs.
Chairman Smith asked how could we stop this from occurring again? Mr. Heidenescher
commented that the Building Department "Has taken a good step to getting rid of the
possibility and that is, they will not grant a slab inspection - not a footer inspection but a
slab inspection - until the survey shows the setbacks on it."
Mr. Dennis Franklin, Building Official stated, "It has been policy to get the "As-Built
survey" at the frame inspection which the frame inspection is - the house is built, the
structure is there. So we changed that, I believe about four (4) to six (6) weeks ago and
we require a form board survey and that would make that determination even prior to
pouring the footing or foundation."
Discussion continued
Tape I/Side B
UNAPPROVED
CITY OF WINTER SPRINGS
MINUTES
BOARD OF ADJUSTMENT
REGULAR MEETING - SEPTEMBER 6, 200]
PAGE4 OF 6
Ms. Heidi Heidenescher, 101 Cherry Creek Circle, Winter Springs. Florida; addressed
the Board and requested they grant the Variance.
Ms. Maggie Goodenbury, 136 Cherry Creek Circle, Winter Springs, Florida: asked that
the Variance be granted.
Mr. Franklin was asked if he had any other comments and he said, "I think I submitted
my comments in my letter to you. From a structural point of view Mr. Heidenescher is
correct what it mayor may not do to the structure if we go ahead and have him bring it to
compliance. Mr. Franklin added, "I don't believe those columns would have to be
removed and perhaps that would maintain some of the aesthetics that they set out to
have." Discussion.
MOTION BY BOARD MEMBER WATERS. "I'LL MAKE THE MOTION THAT
WE NOT GRANT THE VARIANCE." SECONDED BY BOARD MEMBER
TAYLOR. DISCUSSION.
Chairman Smith asked if any of the Board Members had any comments.
Board Member Waters stated, "The only comment I have is that I have been on this
Board for a couple - three (3) years now and every time we hear a Variance about
something - we get it thrown up in our faces that it happens some place else - it happens
some place else and I think we have to take a stand to prevent that from happening. I hate
to see this happen to anyone."
Chairman Smith said, "I agree with that it seems that we're - normally that's all we hear
about are requests for variations and so forth. I guess my belief is that I guess I would
probably go ahead and request that the property owners strongly consider some type of
landscaping, other type things to soften that in front of there. But I just, I think - to me
the real culprit in this is probably the developer because they have gone ahead and
purposely set the lots way to small to support - houses of these desired market value - the
Homeowners I think would be unjustly penalized. I'll probably not vote in favor of that.
Board Member Jack Taylor commented, "Well my comments are that it appears in this
particular case that the Homeowner's Association has been trying to work with the
Contractor and that the original CCR's actually call out the thirty (30) feet and as it was
pointed out it's been - a legal Variance granted to put it down to twenty-two (22) feet and
now you are asking for one to put it down to seventeen (17) feet. My personal opinion is
that Richland needs to work much more closely with the Homeowner's Association and
this wouldn't have happened."
Board Member Sally McGinnis asked, "I'd like to know what the Homeowner's
Association has actually done?"
UNAPPROVED
CITY OF WINTER SPRINGS
MINUTES
BOARD OF ADJUSTMENT
REGULAR MEETING - SEPTEMBER 6. 2001
PAGE50F6
Mr. Queen replied, "What we did originally is when the original Variance was granted by
Richland we sent a letter to them that said that one; we would appreciate if anytime you
grant a Variance you would submit - through our regular ARB and so that we are aware
of it and we - I want you to know that we, the Homeowners do not want to grant this
Variance at all. But I also want to say, we really don't want part of this house to be taken
down because - also under our CCR you have to have a three (3) car garage. If you push
that in two (2) feet you may not have a three (3) car garage. I'm telling you I believe that,
as I said, while the Homeowners are disappointed in this, it is a beautiful house and I will
tell you that nobody wants to see them have to take down part of this house. We just
want to make sure it doesn't happen again. And we can work much more closely with the
developer; in fact I'll put in a call tomorrow and we'll see if we can't get something
worked out on that."
Chairman Smith asked if there were any other comments and then called for the Vote.
CHAIRMAN SMITH SAID, "ALL THOSE IN FAVOR, SAY AYE."
VOTE:
BOARD MEMBER TAYLOR: AYE
BOARD MEMBER WATERS: AYE
CHAIRMAN SMITH SAID, "ALL THOSE OPPOSED."
CHAIRMAN SMITH: OPPOSED
BOARD MEMBER McGINNIS: OPPOSSED
MOTION DID NOT CARRY.
Further discussion. Chairman Smith stated, "I'm open for another suggestion, recourse
regarding this issue. And if there is any common ground or not that the Board can come
to as far as presenting a unified Motion to the City Commission." Discussion.
Chairman Smith said, "Let the record show that this matter is a deadlock between the
Members of the Board and at this point I'm ready to entertain a Motion for Adjournment.
IV. FUTURE AGENDA ITEMS
V. REPORTS
Board Member Tom Waters requested a Workshop with the City Attorney and all the
Board Members agreed.
UNAPPROVED
CITY OF WINTER SPRINGS
MINUTES
BOARD OF ADJUSTMENT
REGULAR MEETING - SEPTEMBER 6. 2001
PAGE 6 OF 6
Mr. Carrington said, "I can request that for you if you wish. You would like him to
attend your next meeting?" The consensus of the Board was to hold a Workshop. The
Board discussed with Mr. Carrington the purpose of the Workshop.
Board Member Taylor requested "I would also like to add to that maybe you when you
decide to do that, could you poll the Board Members for a date?"
Mr. Carrington replied "Of course. I'll contact the Chairman, he'll poll the Members of
the Board. I'd' give you a date tonight but again I need to make sure that Anthony
Garganese is available. So why don't I check with him for a date and then I'll contact
Mr. Smith and we will go from there," The Board agreed.
VI. ADJOURNMENT
MOTION BY BOARD MEMBER TAYLOR. "I'll MAKE A MOTION THAT WE
ADJOURN." SECONDED. DISCUSSION. THE BOARD AGREED TO THE
MOTION BY CONSENSUS.
MOTION CARRIED.
Chairman Smith adjourned the meeting at 8: 18 p.m.
RESPECTFULLY SUBMITTED:
DEBBIE GILLESPIE
DEPUTY CITY CLERK
APPROVED:
GREG SMITH, CHAIRMAN
BOARD OF ADJUSTMENT
NOTE: These minutes were approved at the
.2001 Board of Adjustment Meeting,
S:\dept - City Clerk\Docs\Word\BOARDS\ADJUSTME\aIlI\MINUTES\2001\Adj090601.doc