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HomeMy WebLinkAbout2006 04 10 Other Public Input Garage Deer Run Date: April 10, 2006 The attached was read into the Record by City Manager Ronald W. McLemore on April 10, 2006 during "Public Input". CITY OF WINTER SPRINGS, FLORIDA Ronald W. McLemore City Manager 1126 East State Road 434 Winter Springs, Florida 32708 Telephone: 407-327-5957-Facsimile: 407-327-6686 MEMORANDUM TO: Mayor and Commission Ronald W. McLemore, City Manager FROM: DATE: April 10, 2006 SUBJ: Garage - Deer Run COMMUNITY STANDARDS Public Municipal Codes in combination with Private Restrictive Covenants provide an effective tool for enforcing safety and aesthetic standards. Municipal Codes in combination with Private Restrictive Covenants form the foundation for community and neighborhood standards in two ways. 1. Public Municipal Standards establish building safety and minimal design standards that are applied unilaterally throughout the city or in a particular zoning district. Except in special situations Public Municipal Standards do not usually address aesthetics. Winter Springs does not have single family aesthetic review standards, but does have commercial and multi-family aesthetic review standards. 2. Private Restrictive Covenants allows a developer to establish aesthetic standards that the developer of the neighborhood wants to offer to the future residents of the development. Once a neighborhood is completed by the developer the responsibility for enforcement of the original standard is turned over to the residents to enforce through a design review board or a homeowners association. The residents of the neighborhood can amend restrictive covenants through actions established in the restrictive covenants and or homeowner association documents. Enforcement Authority of Public Municipal and Private Restrictive Covenants is divided between municipal government, and private developers and residents. Municipal Governments cannot enforce private restrictive covenants. Private developers and homeowners cannot enforce public municipal codes. Therefore, both entities must carry out their respective functions if the full measure of protection is to be accomplished. Page 1 of 3 DEER RUN GARAGE CASE Public Municipal Codes. In this case the proposed garage complied with all Public Municipal Codes, and the City had no alternative but to issue the permit. Unit 4 Private Restrictive Covenants. In this case the Unit 4 Restrictive Covenants had the appropriate language to prevent the garage from being built as designed. Unfortunately, however, the restrictive covenants were allowed to lapse as a result of the residents and the Tuscawilla Homeowner's Association failing to renew the covenants as required by State Law. Therefore, they could not be utilized to address concerns regarding the garage. Recommended Actions. 1. Negotiated Settlement. The city and the applicant could agree to explore alternatives for reducing the negative perceptions of the garage on the surrounding neighborhood. Due to the sensitivity of these negotiations it is recommended that there be no further public discussion of this cause of action. It should be noted that opposition to the garage is not unanimous. Opinions have been made by residents who would also like to build a similar facility for hobbies, and storage. This factor raises the need for additional action on the part of the city and the public to ensure that the aesthetic standards of the majority are going to be protected, and that the values of property are maximized within desired standards. 2. Public Municipal Code Enforcements Enhancements. Public Municipal Codes need to be strengthened to provide for an adequate level of protection of community standards even when the enforcement of private deed restrictions may fail to be carried out. Staff is currently developing code options for the Commission to review in the immediate future. 3. Private Restrictive Covenants Enhancements. It is essential that Unit 4 Restrictive Covenants be reinstated. It is also essential that the restrictive covenants of all the various home owner association be reviewed for the following: a) To begin action required to restore restrictive covenants of other parts of Tuscawilla which may have elapsed. b) To strengthen the provisions of restrictive covenants that are in place but require enhancements. It is important to understand that this is going to be a very important and difficult task. For that reason I have asked Bill Reischmann, Attorney for the Tuscawilla Homeowners Association to describe this process to the Commission and the public. Page 2 of3 RECOM:MENDATIONS. It Is recommended that the Commission approve the following: 1. Authorize the City Manager to continue negotiations with the owner of the garage at 1314 Deer Run to explore alternatives for reducing the undesirable impacts of the garage on the neighborhood as perceived by the residents of the neighborhood. 2. Authorize the City Manager to develop code enhancements which will provide for a higher level of protection of community wide standards. 3. Authorize the City Manager to communicate with the various home owner associations in Tuscawilla to explore the need to review, and where necessary, strengthen restrictive covenants applicable to their neighborhoods. JP 041006/Deer Run Garage Page 3 of 3