Loading...
HomeMy WebLinkAbout2001 05 14 Regular D Approval for the Variance - Fences COMMISSION AGENDA 'ITEM D Consent Information Public Hearin Re ular x May 14.2001 Meeting MGR.h /Deptf2- REQUEST: The Community Development Department presents to the Commission the recommendation of the Board of Adjustment as it relates to a variance to Section 6-190 of the Code of Ordinances and to request approval for the variance. PURPOSE: The purpose of this agenda item is to present to tbe Commission the recommendation of the Board of Adjustment as it relates to a variance which would allow a fence to be greater than four (4) feet in height forward of the building line. CONSIDERA TIONS: The property is located at 180 East Panama Road. Mrs. Bledsoe, the applicant, would like to construct a fence and decorative entry gates that are higher than allowed by Section 6-190 of the Code of Ordinances. The proposed gates are to be located twenty (20) feet from the front property line. An illustration is attached. APPLICABLE LAW: Sec. 6-190. Height limitations generally. All walls or fences her~after located, erected, constructed, reconstructed or altered outside of the established building line shall adhere to the following heights: If front of the front building line, no more than foru (4) feet in height; if to the rear of the front building line, provided the provisions of section 6-191 are met for corner lots, no more than eight (8) feet in height. May 14,2001 REGULAR AGENDA ITEM D Page 2 CHAPTER 20 ZONING DIVISION 3. BOARD OF ADJUSTMENT Sec. 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. In order to recommend any variance from the terms in this chapter, the board of adjustment must and shall find: 1. That special conditions and circumstances exist which are peculiar to the land, structure or building 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. FINDINGS: 1) Similar variances were granted for 250 Tradewinds Road (August 1985),355 East Bahama Road (October 1986), 840 Dyson Drive (December 1988), 680 Fisher Road (January 1990), and 250 East Panama Road (February 8, 1999). 2) Although the conditions of approval required in Section 20-82( 1) ( c), listed above, were not met, the Board of Adjustment granted the variance request. 3) The requirements of Section 20-83(c), dealing with notice requirements, have been met. May 14,2001 REGULAR AGENDA ITEM D Page 3 CHRONOLOGY: February 19, 2001 - April 5, 2001 - Variance Application received by the City. Board of Adjustment public hearing for recommendation to the City Commission. Minutes approved by the Board of Adjustment. May 3,2001 - RECOMMENDATION: Staff agrees with the Board of Adjustment and recommends that the City Commission approve the variance request as recommended by the Board of Adjustment. A TTACHMENT: A - Illustration of Proposed Fence B - Variance Application C - Approved Board of Adjustment Minutes for April 5, 2001 Hearing COMMISSION ACTION: ATTACHMENT A Illustration of Proposed Fence . e~'t~~'r}~,~f:;;:>~ A~1' .. ....~. . . .... ..._..',~,:-. ~..,,(.?~~? ;~ ......~..;;:~~.t;n~':".;~.;: :J: - ;':":" .:.. . . I DO e. fty:/~A~' /If). :,;~,;:-.:. :~:.~,~:~..'.:..:".., . . - . . . -', "1 /,1 "011 prr Pe'A1i.. .. ~ 1-< .. ~.I .' -< /Or/."~' ~ . ./ /w l. ... f:.c, l \..- <-.;' I l... ~I I 0 2" . (, UJii.' .~. ~ _"_ . I> o.~' _ \ ...... 'p6.,s-r.' . . '~cll. ~ Sr"U3o _p"-r;.: .~. ~ ......... .- . .".',,:. :'.::~l"'~~::" . ..,?;.;~~~:,:, ~.' .:.... . .' .~~ .~::~ . :. .;: ..' '. ~'~$Jt~.: ..... >. ., r . . ATTACHMENT B Variance Application '!S) .......-;-.\ ,/---. ",- :':".;. BOARD OF ADJUSTMENT APPLICATION CITY OF WINTER SPRINGS 1126 EAST STATE ROAD 434 WINTER' SPRINGS, FL .32708-2799 (407)327-1800 FOR: Y.. SPECIAL EXCEPTION VARIANCE CONDITIONAL USE ADMINISTRATIVE DECISION 1. APPLICANT: ADDRESS: .' " 2 PURPOSE OF r/<::./c /V). R1F.,l) SeJEPHQNE Lf~7-0fS-~hs7 /~f ~ /(j) , " . "'~ ' REQUEST: III r uP /f 'FT#/~I/ r6/.rE- M/J re..S 3. ATT~CH A COPY OF THE PARCEL SURVEY. S~~~~~~. ATTACH AN 11 x 17 MAP SHOWING THE SUBJECT PROPERTY AND ~~~, ~L~~~ SURROUNDING PARCELS, 4. -..-.-- 5. ATTACH LEGAL' DESCRIPTION. 5t:E ~~p~~ 6. TAX PARCEL IDENTIFICATION NUMBER: oa -~/-.s/1- ~8Z- t'?Boo -CJ/cJ/7 7. LOCATION OF PARCEL (Street Address and/or Nearest Cross st r e ets) :. /W;';:)J5[J:fi ft3f HiA, '<F><" ~'/ 8. PRESENT ZONING: HcU'5-. r:. FUTURE LAND USE: A(~I/~ !.';.';'. ;;,' 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 owner) . cLSIF: j\A.., f1i-QJ~CJ~ OWNER-PLEASE TYPE ~tA~ (4!~ o NER-SICN'A URE ' PERSONS ARE ADVISED THAT, IF THEY DECIDE TO APPEAL ANY, DECISIONS MADE AT THESE MEETINGS/HEARINGS, THEY WILL NEED A RECORD OF THE PROCEEDINGS AND FOR SUCH PURPOSE, THEY WILL NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, AT THEIR COST, WHICH INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE~. BASED, PER SECTION 286.0105, FLORIDA STATUTES .t .,r SECTION 20-84 - APPEALS FROM DECISIONS OF THE BOARD OF ADJUSTMENT (1) Any person, or persons, jointly or severally aggrieved by any decision of the Board of Adjustment may, within thirty (30) days after the filing of any decision in the office of the Board of Adjustment, but not thereafter, apply to the city Council for administrative relief. After a hearing,before the City Council an aggrieved party may, within thirty (30) days after the decision of the city Council, file an appeal with a court of competent iurisdiction over the subiect matter. I I . <Ill .. ~I ~I . ITII I. I I I I ~I ~, . { lr "" /..V " __ '. ~" ~S ~~ I. r<<1T VAUll .lllOUT lHE'lIIQNA1UM AND nc ClIaclIIW. RAIIID IEI,L OF A ROlIIDA ~'1lMWTQI NCl ~ Z. 1M!: "llDl. PlfCIIOlTf ~ _'1lIIIQC Sill ~ .IITK nc: ~ NOWlID 1ft 1IC c:un 'l'llCI ~~ IIIWMIIX1I OR -.r IlIWIAIlIIIIloM Dt LOCAe 'AWl 8QIC, . "1fNlNlI. · NC MIlD 0If H'mU1IlM (I ... u:r ASUIII AI IDflII. 1n01".. PQ "AT. . . . . . 6. 1lA""'cDcu.1a 1Ht l14....iloaD IIlUIItU NClQlUM ~ "I.HAW ilo..~~, 'Ie", ~ ab II m.: "X". NOT" ~ ft.AllD lID. ... NIl ,.. t.:= 0l4II r. M'D NlltL 17. 1"" QtT CI" . Wf1Q ..... CtMnT. tI.l:IlaM. .. SIM'ttIlIN IDT *""'CD &MIll .. ItlIIICIlI'Qt fAIDIlrll ~\' CIII MY oaa IIATlUI " ... IltQf MCICI' Inff:t 1IC( n.r CIII \IJIl f/I II<<) &NICI. / /. / ~ I~ . ... ; 9!f . li ~ 8 a -. &J!T'~ (;00 W1 (Z.D. LJ. ~. fWA. IfOUIW . a ~ N-,IO , IISQW UlCT I'OlHlAJIGt ~ "'" JUnCl' ~ ~1IDIt$ I ..~)1 . Ii I oi3 i! I !:J~ 8 . ~~ . ~.... ..'; t? ~ I . - . , '.~. '" :;~~::.~ <It:.,.;";,,,,. ," '.- . '. '. . ~ ,".. p...... -.... ~ .... .'.-....... ~ : '. : ..' :.... . . : - .."..., .~ '. .... .'. . '.. ~'. , I. II01fa uw._ .tjI( IIUI WIll OIl -..u ~ ~~:o. 0(' ;~t! 'lIQT 1/2 LOT 10 . . &Del ... . HOmf CIlUNOo lWlCKa =. f ~r 8OQ( 12'''ACC J .13 ~ ~ 0.. WT If.l LOT 10 I Il.OCX "ll' I<<.mt CIl.AIIOO IWCQiQ so:. 1 Pl.Ar 8Oa< 12 ""Ill 3 ., ,1. .~ .:1 ,t I I I . . f 238~' . - ......... -. ...... . . S 89. ~1. W 'AII. . __~ IlQJ,IOf '.44 - JlaIIT ar rT . . ..e. -P'CINf"~ 'AA, - PCaIl' ~ ....... ~ ',C.(.-_r6"--,~ P.t -_cr~ ..... - ""H' ,.u..~ ~ 'At. .~GII_ U ___ .'p. ---. ...... . ClOIOC1r _ "'" ._- ~ -roc .... : :::;.,--.. Il, . .... .. . MIlIAllnl , -CIU\ V. -..... ..... Il,I'I . ..,....~...- I ..__. ' ..... ........... '''' ._- ..0._....., ...... .~- rwr. . '-' '... .~ M' .-aJi4 IIlll -__ - ~ ~ IlIIIrCAIlQI .~~ 7Q> . . ~~ lDl~M 111I . 1lJ fIgy lllo\T lIII ~ IIUIIH ..... DtIQIlIWlWllr AS Ia I'Olt1It Il' tIC R.ORIDA IlCWtD or fIID1I8CrW:. $UM'GS .~. =~-..~-_M_ 10 mmtIC 47U17. ST4'MU,. ~. . . . .: .'. . . "M'/OIti. ~. . I\.ClW4 IlIllII'IUIa ...... ~ AJl.4' U& lU Mol . ....au 1RI ~. I.U.: ~ ~ .~ t.tm1W . ~ . . ROBE~TS SlRVEYIt4G . w.cp, NG,' I tC. . 1tI Ie. 0lMAlr ciJ.a IICW) ........ ~ . PH. (407) ~ I'IJC m-2m fl I" 7 h' nn." '" ~........... -. ........ .... I I I I I . I I I . ; ~ ,I .. ~ I '-1 ........ ATTACHMENT C Board of Adjustment Minutes CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING APRIL 5,2001 I. CALL TO ORDER The Board of Adjustment Regular Meeting was called to order Thursday, April 5, 2001, at 7:01 p.m. by Vice Chairperson Elizabeth Randall 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, absent Vice Chairperson Elizabeth Randall, present Board Member Sally McGinnis, absent Board Member Jack Taylor, present Board Member Thomas Waters, present Also Present Mr. Charles Carrington, AICP, Community Development Department Director Mr. Dennis Franklin, Building Official II. REGULAR AGENDA A. Community Development Department Presents To The Board Of Adjustment The Request For Elsie A. Bledsoe To Have A Fence Greater Than Four (4) Feet In Height Forward Of The Building Line. The Fence, At Its Highest Point, Is Approximately Six (6) Feet In Height Mr. Charles Carrington, ACIP, Community Development Department Director introduced Mr. Dennis Franklin, Building Official; and the Agenda Item. Mrs. Elsie A. Bledsoe, 160 East Panama Road, Winter Springs, Florida: spoke of needing the higher wall height because "I plan to get horses for my grandkids; and "I think it would look nice." . Mr. Bill Fernandez, asked from the audience "Do you own any other property out there?" Mrs. Bledsoe replied "Yes, I <?wn two other properties, 150 and 160. I have lived there for twenty (20) some years." Mr. Fernandez then asked, "Did you talk to all your neighbors?" "Yes, I did." Mrs. Bledsoe replied. Mr. Fernandez again asked "Any of CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - APRIL 5, 2001 PAGE20F4 them voice objections?" Mrs. Bledsoe said "No, they all - I had a letter you know and they all signed it and then I brought it up here and they said they didn't need that." The Board asked Mrs. Bedloe if anyone else out there had high fences. Mrs. Bledsoe said, "There is a lot of them. Mostly the whole street down there has them and other streets to, Tradewinds - there's a lot of them out there, and it's the Ranchlands - and it's the horses." Mr, Bill Fernandez, 250 East Panama Road, Winter Springs, Florida: spoke of his past request for a Variance and stated "As far as this meeting, it is unfortunate that you folks have to waste your time on this matter. The City Commission - proposed in his bequest - request of me not to go forward with my Variance request in front of the City Commission because the City Commission was going to amend the Ordinance for the Ranchlands and change the height in front of the twenty-five foot (25') setback line to six feet (6'). Obviously the City Commission has not done so. So once again it is being dumped on you folks again to address this matter. Now as far as the fences out there I brought you numerous pictures and you stopped me half way through, you were tired of seeing the pictures. But I had a little stick and I measured every fence out there, up and down Panama, Bahama, Tradewinds and every one of them are six feet (6')." Mr. Fernandez continued, "I do know that Mr. Taylor has some sort of reservation about granting a Variance, it ought to be exceptional and extraordinary. Folks we wouldn't even be here if the City Commission did it's job. But the City Commission didn't do it's job and so now it's back to you and we're going to press it again in front of the City Commission and maybe this time they'll do something about it and change the Ordinance and it won't be necessary to bother you folks but this is a person asking three (3) people, neighbors, human beings, not politicians, but you folks to consider a serious request. A request that will benefit the neighborhood, her own particular home and will be good for' the City. It's not detrimental and I don't think you will hear any objections to it." Discussion. MOTION BY BOARD MEMBER TAYLOR. "I WOULD LIKE TO MAKE A MOTION THAT WE, THE BOARD OF ADJUSTMENT FORWARD THIS APPLICATION TO THE CITY WITH THE RECOMMENDATION TO APPROVE THE APPLICATION." SECONDED BY BOARD MEMBER WATERS. DISCUSSION. WITH CONSENSUS OF THE BOARD THE MOTION WAS APPROVED. MOTION CARRIED. CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - APRIL 5. 2001 PAGE 3 OF 4 B. Community Development Department Presents To The Board Of Adjustment The Request For Howard And Libby Baity For A Variance To Section 9-241. ( c ) To Have A Finished Floor Elevation Less That Eighteen (18) Inches Above The Hundred Year Flood Stage. Mr. Carrington introduced this Agenda Item. Mr. Howard Baity 1393 Santiago Court, Winter Springs, Florida: spoke of being a new builder; and he "made a mistake." Discussion. Chairperson Randall asked "Does anyone have any other questions for the builder? Would the owners like to speak, or do you having anything to add for to the record. Okay, anyone else, any neighbors, - any other questions." Board Member Waters stated "I have a question for the owners? Do you understand what we would be looking for? I guess the question is, what my recommendation would be - if its approved, would be that you can't hold the City liable for any damage that you have. Do you have a problem with that?" Ms. Libby Baity and Howard Baity, 1393 Santiago Court, Winter Springs, Florida: Ms. Baity said "No, sir. I did call insurance places and they would not require me to hold flood insurance which I would not be able to afford, so I hope that would not be a part of that. But I would not hold the City liable for anything." MOTION BOARD MEMBER TAYLOR. "I'D LIKE TO MAKE A MOTION THAT THE BOARD OF ADJUSTMENT FORWARD THIS APPLICATION TO THE CITY COMMISSION WITH THE RECOMMENDATION TO APPROVE IT WITH THE STIPULATION THAT THE APPLICANT ACKNOWLEDGES THAT THEY WILL HOLD THE CITY HARMLESS, THE CITY OF WINTER SPRINGS, AND ANY LIABILITY WHICH MAY BE CAUSED TO THIS RESIDENT BECAUSE OF THE FINISHED FLOOR ELEVATION BEING LOWER THAN THAT IS REQUIRED BY CODE WOULD NOT EFFECT THE CITY." SECONDED BY BOARD MEMBER WATERS. "I'LL SECOND THAT WITH AN ADDITION OR AMENDMENT." DISCUSSION. AMENDMENT BY BOARD MEMBER WATERS. "I WOULD LIKE TO SEE SOMETHING IN THERE THAT THE OWNERS HAVE TO, IF THEY DECIDED TO PUT THE HOUSE ON THE MARKET ANY TIME DOWN THE ROAD, ANYONE, THAT THEY HAVE TO DISCLOSE TO BUYERS IN THE FUTURE OF THIS. I COULD SEE SOMETHING IN THERE THAT - I HAVE THIS MENTALITY THAT WE HAVE A LOT OF HOUSES THAT, BACK WHEN IT .. CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - APRIL 5. 2001 PAGE 4 OF 4 USE TO RAIN, AND SUDDENLY THEY ARE FLOODED, PEOPLE COME BACK AND BLAME THE GOVERNMENT AND YOU HAYE SOME SITUATIONS WHERE YOU HAVE 'IT'S NOT THE GOVERNMENT'S FAULT'. SO I'D LIKE TO MAKE THAT MOTION WITH THAT ADDITION OR SECOND THAT MOTION WITH THAT ADDITION." DISCUSSION. WITH CONSENSUS OF THE BOARD THE MOTION WAS APPROVED. MOTION CARRIED. III. ADJOURNMENT Chairperson Randall asked, "Do I hear a Motion for Adjournment?" MOTION BY BOARD MEMBER WATERS. "SO MOYED." SECONDED. DISCUSSION. WITH CONSENSUS OF THE BOARD THE MOTION WAS APPROVED. MOTION CARRIED. Vice Chairperson Randall adjourned the meeting at 7:29 p.m. RESPECTFULLY SUBMITTED: DEBBIE GILLESPIE DEPUTY CITY CLERK APPROVED: ELIZABETH RANDALL, VICE CHAIRPERSON BOARD OF ADJUSTMENT NOTE: These minutes were approved at lhe .2001 Board of Adjustment Meeting. S:\City Clerk\Docs\Word\BOARDS\ADJUSTME\al1l\Draft Minutes\2001 \Adj040501.doc