HomeMy WebLinkAbout2001 05 14 Regular E Approval for the Variance - Floor Elevation
COMMISSION AGENDA
ITEM E
Consent
Information
Public Hearine
Reeular X
May 14. 2001
Meeting
MG~, /Dep~
REQUEST: The Community Development Department presents to the Commission the
recommendation of the Board of Adjustment as it relates to a variance to
Section 9-241 (c) to have a finished floor elevation less than eighteen (18)
inches above the hundred year flood stage and to request approval for the
vanance.
PURPOSE: The purpose of this agenda item is to present to the Commission the
recommendation of the Board of Adjustment as it relates to a variance
which would allow a finished floor elevation less than eighteen (18) inches
above the hundred year flood stage.
CONSIDERA TIONS:
The property is located at 627 Sailfish Road. The "as built" finished floor
elevation is 35.19 feet which does not meet 35.50 feet, nor does it meet the
requirement to be 1.5 feet above the base flood elevation of 34 feet as per Sec. 9-
241 of the Code of Ordinances.
APPLICABLE LAW:
Sec. 9-241. Stormwater management.
(c) The drainage system for each subdivision shall include a sufficient
facility to remove stormwater without flooding any lot in the proposed
subdivision or in the surrounding territory. All finished floor elevations
shall be a minimum of one and one-half (1 1/2) feet above the hundred-year
flood stage.
Sec. 20-82. Duties and powers, general.
May 14,2001
REGULAR AGENDA ITEM E
Page 2
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 adjustment must and shall find:
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. .....
May 14,2001
REGULAR AGENDA ITEM E
Page 3
(2) In recommending the granting of any variance, the board of adjustment
may recommend appropriate conditions and safeguards. Violations of
such conditions and safeguards, 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.
(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.
(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 process 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 which 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 (150) 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.
May 14, 2001
REGULAR AGENDA ITEM E
Page 4
(d) All interested persons shall be entitled to be heard as such meetings or
to be heard by written statement submitted at or prior to such meeting.
(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 appeal shall be in such form as prescribed by the rules of
the board. 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 applicationfor 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, special
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. It
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 issued prior to expiration of such time
limit.
May 14,2001
REGULAR AGENDA ITEM E
Page 5
FINDINGS: 1) An inspection of the finished floor elevation revealed that the elevation was not
in conformance with City standards. The builder was made aware of the situation
early in the building process but took no action at that time to correct the situation
until the structure was finished and ready for final inspection. Supporting
documentation is in attachments A and B.
2) The Board of Adjustment granted the variance request although the following
requirements,( Section 20-82 (10 (c)),were not met;
a. There are no special circumstances particular only to this structure.
b. The condition of variance is directly a result of the applicant's actions.
c. Granting a variance may confer a special privilege denied to other
structures.
d. A literal interpretation of the provision would not deprive the applicant any
other rights enjoyed by others, but may create a financial upon the
applicant to correct the condition.
e. The variance sought is the minimum variance that will make possible the
reasonable use of the building without additional alterations.
f The granting of the variance is in harmony with the general interest of
Chapter 20.
3) The requirements of Section 20-83(c) (proper notice to applicant and
surrounding property owners of variance request) have been met.
CHRONOLOGY:
March 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 -
RECOMMENDA TION:
Staff agrees with the Board of Adjustments and recommends that the City Commission approve
the variance request as recommended by the Board of Adjustment.
ATTACHMENTS:
A - Memorandum and attachments from Zynka P. Perez to
Donald LeBlanc dated March 20,2001
Subject: 627 Sailfish Road
B - Memorandum and attachments from Dennis E. Franklin to
Charles Carrington dated March 21, 2001.
Subject: Finish Floor Elevation - 627 Sailfish Rd.
May 14,2001
REGULAR AGENDA ITEM E
Page 6
c - Variance Application
D - Approved Board of Adjustment Minutes for April 5, 2001 Hearing
COMMISSION ACTION:
ATTACHMENT A
Memorandum
March 20, 2001
)'
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone (407) 327-1800
To:
Donald LeBlanc
Land Development Coordinator
From:
ZynkaP. Perez
Engineering Ins
Subject:
627 Sailfish Road
I received a boundary survey, signed and sealed by Mr. James Shannon Jr., P.L.S,
for the lot grading/drainage requirement of the building construction at 627 Sailfish
Road. The "as-built" finished floor elevation of the building is 35.19' and does not meet
the required 35.50' or 1.5 feet above the base flood elevation of 34.00' as per land
development code 9-241.
A review of the building permit/inspection file for 627 Sailfish Road, I found the
following:
An application for building permit was filed April 6, 2000 by Mr. and Mrs. Baity,
owners, and Mr. John Laudani, builder. With the application was a boundary survey
showing the proposed finish floor elevation of 35.50', as specified by the City.
The application for building permit was approved on April 28, 2000.
On October 31,2000, Mr. Vince Marshall, former building inspector, noted on the
file that the finished floor elevation was too low. The builder was informed of the
discrepancy and was required to submit an elevation certificate as clarification.
An elevation certificate was received on November 16,2000 and indicated the
finished floor elevation at 35.1 T. This elevation of 35.1 T does not meet code.
Without resolving the discrepancy of the finished floor elevation, the builder
proceeded with construction and with request( s) of additional inspections dated
November 27& 28, 2000.
The building permit /inspection file clearly shows that the builder was made
aware that the finished floor elevation did not meet the code.
Mr. Laudani was informed to resolve the issue of the finished floor elevation
through the application of a variance before the final inspections of the building can be
signed-off. And without the sign-off of the final inspections, a Certificate of Occupancy
cannot be granted.
I have enclosed photocopies of documents mentioned above. If you have any
questions, please call me.
i"
Page2/ Memo - 627 Sailfish Road
Enclosed Documents (Photocopies only):
1. Boundary Survey dated March 10,2001, received by the City on March 13,2001
2. Section of Flood Zone Map on City's Map showing the base flood elevation and
the parcel/lot - 627 Sailfish Rd.
3. Land Development Code Sec. 9-241
4. Application for Building Permit for 627 Sailfish Road received by the City on
April 6, 2000 and
5. Boundary Survey dated February 9, 2000, noted by City on April 6, 2000
6. . Approved Building Permit and Fee Schedule dated April 28,2000
7. Building Permit/Inspection File with notations on finished floor elevations'
discrepancy and various inspections by building inspector(s).
8. Elevation Certificate dated November 11, 2000, received by the City on
November 16,2000
cc: City Staff
BOUNDARY SURVEY
DESCRIPTION: LOT 11, BLOCK H, NORTH ORLANDO RANCHES SEC. 2A. AS
PER PLAT THEREOF RECORDED IN PLAT BOOK 12, PAGE 39 ll1ROUGH 41,
PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA.
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NOTES:
- BEARINGS BASED ON THE SeUlH
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N 1738'33- W.
- ElEVA llONS BASED ON ORANGE
COUNTY BENCH MARK 13293601,
ELEVAllON BEING 43.986
- UNDERGROUND UllUllES \\ERE NOT LOCATED.
- (0.0) INDICATES ~Q)
MAR 1 3 2001 :
CITY OF 1~PRINGS
SHANNON SUR~N~f1~e.
499 NORTH S.R. 434, SUITE 2155
AL TAMONTE SPRINGS, FLORIDA, 32714
(407) 774--8372
OA IT OF SURVEY: MARCH 10. 2001
flEW BY: J.H. SCALE: 1- = 30'
FlLE NUMBER: PB12-39 LOT l1-H-
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~ 9.221
WINTER SPRINGS CODE
trial or mobile home districts. All four-foot side-
walks shall not exceed twenty (20) feet per sec-
tion. Sidewalks shall be constructed of a minimum
of two-thousand-five hundred-pound "C" concrete
with a minimum thickness of four (4) inches
except at driveway approaches, where such side-
walks shall be at least six (6) inches thick. The
contractor shall place a one (1) inch deep contrac-
tion joint every four (4) feet and an expansion
joint every twenty (20) feet in the sidewalk. The
requirement for sidewalks shall be the responsi-
bility of the builder, and such sidewalks shall be
installed prior to the final inspection of any build-
mg.
(b) Sidewalks shall be required in all develop-
ments unless the city commission determines it to
be in the interest and welfare of the environment
to exempt same.
(Code 1974, ~ 14-119; Ord. No. 444, ~ 1(9), 1-9-89;
Ord. No. 466, 9 I, 3-26-90)
Sec. 9-222. Driveways.
All driveways shall conform to federal housing
authority specifications. See subsection 9-299,
driveway entrances for standard vertical curb
and gutter.
(Code 1974, ~ 14-120)
Sec. 9-223. Curbs, gutters, easements.
(a) A properly prepared subgrade and ap-
proved road base and wearing surface with a
minimum of Miami-type curbs and gutters shall
be provided for all paved streets within any
subdivision having lots less than one (1) acre in
size. Where it is shown to the satisfaction of the
city engineer that percolation rates are adequate,
the developer may install swales in lieu of curbs
and gutters.
(b) A properly prepared subgrade and ap-
proved road base and wearing surface with grass
swales not to exceed one and one-half(lIhl feet in
depth and a minimum of five (5) feet from the
road edge may be provided for all streets in
subdivisions with lot sizes one (1) acre or greater,
subject to approval of the city engineer, based on
soil conditions and water table.
(c) Streets and drainage easements are to be
cleared as required and left in a neat and clean
condition. Street rights-of-way and outfall ditches
shall be sodded or sprigged with grass, or seeded
and mulched, or shall be otherwise protected to
prevent erosion in a manner approved by.the city
engineer. The subgrade must be of suitable mate-
rial and must be prepared in accordance with the
standards prescribed by this chapter.
(d) Legal drainage easements, both on-site and
off-site, will be required. Any off-site easements
needed for legal reasons, construction, system
performance, or maintenance of the facility shall
be included in the development proposal and
made criteria for development .approval. Such
easements shall be of sufficient width to provide
adequately for watercourses, drainageways, chan-.
nels, pipes, culverts, or streams and access to
permit maintenance of same. Drainage ease-
ments for pipes shall be a minimum of fifteen (15)
feet wide. Larger easements will be required for
large pipes or where construction or maintenance
requirements dictate.
(e). See section 9-301 for alternate curb sec-
tions.
(Code 1974, ~ 14-121)
Sees. 9-224-9-240. Reserved.
DMSION 4. DRAINAGE
Sec. 9-241. Storm water management.
(a) The design concept for drainage systems in
proposed developments shall be approved by the
city engineer. All drainage systems shall have a
positive outlet or overflow unless documented as
being unnecessary by geohydrologic investigation
based on a twenty-five-year ~esign storm.
(b) All drainage facilities shall be designed for
a rainfall of a twenty-five-year/twenty-four-hour
return period using an SCS Type II Modified
rainfall distribution. The twenty-five-yearltwenty-
four-hour storm is the "design storm".
(c) The drainage system for each subdivision
shall include a sufficient facility to remove
stormwater without nooding any lot in the pro-
rased subdivision or in the surrounding territory.
:, ,'1 J.
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LAND DEVELOPMENT
All finished floor elevations shall be a minimum
of one and one-half (Ph) feet above the hundred-
year flood stage.
(d) Retention/detention ponds.
(1) Dry bottom ponds. All dry bottom retention/
detention ponds will have a pond bottom
elevation of no less than one (1) foot
(twelve (12) inches) above the seasonal
high ground water elevation, which is to
be determined by a registered profes-
sional engineer in the State of Florida
with an expertise in soils. The side slopes
of all dry bottom retention/detention ponds
shall not be steeper than two and one-half
, (21h) horizontal to one (1) vertical. All dry
bottom ponds with no exceptions, in which
the side slopes are steeper than four (4)
horizontal to one (1) vertical shall require
a green vinyl chainlink fence with a min-
imum height of four (4) feet. All fences
must meet setback requirements in sec-
tion 6-193, buildings and building regula-
tions. .
(2) Wet bottom ponds. All wet bottom ponds
must have side slopes no steeper than
four (4) horizontal to one (1) vertical mea-
sured from the top of the berm down to at
least three (3) feet below the normal wa-
ter level, measured vertically. This is the
side slope transition point. Side slopes
may then transition" from the transition
point, to no steeper than two (2) horizon-
tal to one (1) vertical down to the pond
bottom. Wet bottom pond side slopes
steeper than these values are not allowed.
If a fence is used, it must be of the same
specifications as the fence for dry bottom
ponds.
(3) All ponds. Retention, detention, percola-
tion, and treatment of stormwater are
required by the city. Stormwater regula-
tions, criteria and requirements of the
State of Florida, St. Johns River Water
Management District and the Depart-
ment of Environmental Protection, as they
may exist and be modified from time to
time, are to be the regulations, criteria,
and requirements which the city shall
9 9-241
utilize for review of stormwater facilities.
All city stormwater requirements shall
also apply in addition to any federal and
state requirement. If there is a conflict
between requirements, the stricter require-
ment will apply. Al,1 ponds shall have a
minimum ten (10)" foot wide stabilized
maintenance berm capable of supporting
a maintenance vehicle. There shall be a
minimum ten (10) foot wide easement to
each pond dedicated to the city and the
homeowners' association (if planned). All
fenced ponds must have a locked.:gate
with ten-foot wide gate opening.
(e) Flow quantities off-site are not to exceed
that prior to development. The stormwater runoff
volume and rate from the "design storm", for the
post development condition, shall not exceed that
for the pre-development condition.
(f) The city encourages the preservation of
existing swamp areas, ponds (including intermit-
tent ponds), wetlands and wet areas, and bayheads
for water storage and conservation purposes. Ex-
isting flood storage quantities shall not be re-
duced by development from that which existed
on-site prior to development. Pre and post-
development volume must be adhered to with
additional compensating storage for all floodwa-
ter displaced by development below the elevation
of the hundred-year flood as defined by the Fed-
eral Emergency Management Agency on the lat-
est official panel of the Flood Insurance Rate
Map. Compensating storage is to be calculated
between the hundred-year flood elevation and the
seasonal high water table. The seasonal high
water table shall be established by a registered
professional engineer in the State of Florida with
expertise in geotechnical engineering based on
recent soil borings on the subject site. There ltl.Ust
be at least one (1) soil boring per pond, performed
at the proposed location of the pond.
(g) The development of each phase of a devel-
opment shall be capable of standing on its own if
subsequent areas planned for development are
not developed.
(h) Inlet spacing. [nlets shall be spaced in such
a manner as to accept one hundred (00) percent
of runoff, Typically, the maximum allowable gut-
.'ill: I
. .' 1 ~ OUILDING DEPARTMENT
.J112G EAST STATE ROAD 434, WINTER SPRINGS. FLORIDA 32708
... . _/~j TELEPHONE (407) 327-1600 . :
?!" ~NAME: \-!oUJnrnltLlhhj 60...'-\..'{ TELEPHONE: (<-to)j 9)I-O~Sd
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PARCELl C'd.- ~\:.. 30 - 503- OHOQ -0\10 ZONING:
WORK DESCRlPllON: S \' n J \ P ~o. 0'\ t' \ Y Ho me (d. 'S{o f' 'i ) .
UVlNG AREA: QS \ S SQ, FT. GARAGE/CARPORT AREA: Y;)O SQ_ FT. PORCHIENTRY: d9\ SQ. FT.
ESTlMATEDVALUEOF~ORKTOBEDONE: $ QS,ooo,OO MO~El.: CO IOn I"a 1
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UCENSEI .CG--C.058Sdb-EXPIRES:. ~-3\-oo WORKMAN'SCOMPEXPIREs: fo-~9~OO ." '.-'
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BONDING COMPANY: ~f'n n("'Oc..v(). Inc. . ,._..... ..' U[;U
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ADDRESS: P.<?. &x 5 Lto ~ CJ; J 339 Ar\in{j+on S+:., ()('\qn~o) ~,- - :rj~d-_Si.:,\,"::~.:~~,,-:--::
ARCHITECT/ENGINEER: ArC. h " + e. c +u \" e n
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MORTGAGE lENDER: FH'S-t \-\0 r- '" 2. OI)l-\.OffiP '-00..1)' r.1bo- Sunhe H:
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ARBOR PI;RMIT 1< . q9 - ~ 8 b SEPTIC PERMIT t OG I 9 O' '3 - N
ADDRESS:
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REASE READ l7IE FOLlOWING AND SIGN WHERE APPUC4BLE ". ..
EVERY APPUC4 nON MUST HAVE NOTARIZED SIGNA TURE5. .
. . .
WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTlCE OF. cOMME;NCEMENT MAY REsuLT IN YOUR PAYING
TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEN(iIO OBTAIN ANANONG. CONSULTWlllt YOUR
lENDER OR AN AlTORNEY BEFORE RECORDING YOUR NOTlcE OF CO~MENCEMENT.
. " :.... .
OWNERS AFADAvrr: I CERTlFY THAT ALL WE FOREGOING INFORMATiON IS ACCURATE AND THAT AlL WORK
WILL. BE DONE IN COMPUANCE WlTl-l ALL APPUCABLE LAWS REGULAllNG CONSTRUCTION AND ZONING. I
FURTIiER UNDERSTAND THAT WORK UST COMMENCE WlTl-lIN 60 "DAyS'A D BE COMPLET'E IN ONE
(1) YEAR FROM ATE F SU NCE R E RM LL EXPIRE..
SlGNAnJRE
SIGNA nJRE
J. KIMREY
lSSlON , CC 643160
"~';". 'c.,':':i EXPIRES: June 15.2001
...:~..Q~~~:... 8000-A Thill Notary Pubtic Uodorwoton;
t,Ol)ITION^lt- pr:r~l.il" INFon U,TIO!:! . \ / /
ELEC GAL PERMff t'\ ~ /' )
::::::"OOR~()<"'~~ ~ ~~~'f~ CCN'SE. L-"~""'-
-7AUn1-e' Spf',-njS) ~(j.J;bgPHONEl <'rO}) 971-0;)5;;;
nu4- l"e:\-s S lAJ ;.-tr;h e(;- 1(3 h+ ~~ -', ec-t.
I I '
AMPERAGE:. I d. C> VOLTAGE: ;) 40 :: PI-lASE: S (OJ Ie T-POLE: YES / NO_
~1/;1iJftkI:... . ';;~;" ~~~:. ~;. . .~~? ),~~. ;~. ; .~ .~~.~' .
=N1RAcrORADO~ 1~ \ ~:::;::[ cir'H~" . '. '.' .
I ,
~I ~;::}g-ol PHONEI ~1) 38'1-~S4()
[....
WORK DEs6R!plioN:
-"
:~~;:.' .
~ ". ~
t.'";' '".
WORK DESCRIPTION:
O('\anoloj
A ~'r oIuc--\- .
,
oq
SYSTEM' TYPE: Cen-\-("O \ EER: . SEER:
..................... ........... ';;'~;;';;c-;;;';;""'" ;l~'~:J<J~ '.:.......; ... ..
CONTRACTOR: C 8 V Ptut"'r'\b\'n9 / I'nc. .U~SE" CRD 3d6)L
CONTRACTOR ADDRESS: . 5~t...t Ca..r(\ CI.+"on Or.
-t.J(()-\e, ?~('\<-, ,~L-~;))q;;) PHONE# (~07) ",.1-315s
,
ROtJ(3h + \=(no...\ PI&mn\'()3 ~r ba..-\-nroo(l\+ ~"+Chen
-~ /-2--
CONTRACT AMOUNT: .
. It . - .
WORK DESa:lIPTION:.
NO. 0/= FIXTUREsO:
~{.,':.'.
c:.....:. .
-[~'~.S~:::.:
.t1fi. .,
(."
ORESIDENTIAL AXllJRES: LAUNDRY TRAY. SINK. WATER QOsET. TUB OR SHoWeR
.COMMERaAL FlXlVRES: AS DEANED BY 1994 STANDARD PLUMBING CODE FIXTURE UNrr - TABlE 713.1.-
"...... ."....... .-..........;.... ."......................................... ~.............
PERMIT FEES.:
BUILDING PERMIT:
.PlAN REVIEW: _
ELECTRICAL PERMrr:
MEaiANlCAL PERMIT:
PLUMBING PERMIT:
RIGHT OF WAY PERMIT:
ARBOR PERMIT:
PERMIT TOTAL:
IMPACT FEES:
TRANSPORTAllON IMPACT:
POUCE IMPACT:-
ARE IMPACT:
IMPACT
APPROVED BY:
FIRE MAI\SHAll APPROVAL OY:
OLDCPERM7JREV 11/95
OffiCE USE ONLY
);15} SY~
-CALQULATED VALUE:
/f~~~
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/Y'e?~
.
-';l..5,/r
//tz,rr-r.
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DATE:
0,;17
~'ai~efc~iL
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-
C;; ,50' nlH (AN
~ LF 'C;;H OPEN PA VEo
- -- - -liOA.D
- ----
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-
-
LOT GRACING
PLAN' C'
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---~~~~;)
LOT 10
BLOCK[H
(I
LOT 11
BLOCK H
--- ---.?5~L
---
I CUr.e. R.dlus 0011.
C! 1U5. ocr 2'52' ~O'
C2 921.69' 0'51' ~O'
Length
1\.01'
13. 9~'
hnqent
35. 5~'
6. g1'
OtDrd/Brg
I\. 06' SI8-~2-J<.l. OE
13. 9~' N1H2-09. ON
__~l{S PlMlSEO Dlla:T1D1l
~ ...STIRDC.\Illl_.
---
---
PARK
NOTE: THOlE ..U B( AOOIlIDIW.
A(SIRICTlllHS 1.....1 ~ NOI _ 011 THE
PUI IHAI IUf B( flUlll IN IHE MlIC
A(COAQS or IHIS c~n,
HOlE: THIS SUl'U 'NOT flllO WlIHOUI
THE Slgu_ UDl llE ORICI1IIllU.ISEIl
SEll or l fl.ORIDlllCO<SEll MY1:TOll
UDl wroL .
NOIE: THE flNISlED fl.1lOR 'Q..EYUIDIl
_HEllEOIfISIlSEllOlllNINI....
tuallA8l.E fl.00ll llt Atnm. flNIRe
rtco:t MuTtON r If.utH MI€ IJO~
llE IOUf CllNSTll.CrED RESlaor;( DIl
SC.lU I IIlClI . 30 FEET
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0-
LEGENO:
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-:5
30
PLOT PLAN FOR: HOWARD' LIBBY BAITY
LEGAL OESCRIPrION: LOT II, BLOCK H. NORTH ORLANDO RANCHES SEC. 2/... AS
RECOROEO IN PLAT BDOK 12. PAGE 39-~1. PUBLIC RECORDS OF SENINOLE
COUNTY, FLORIDA
00160
litiS IS TO CERTIFY THAT I HAVE REVIENEO IIIE
FLOOD I NSURANCE RAT I NG HAP PANEL HUHBER
_ Jl.U.7.l:..ll..Ui L DATED _. jJ J1l J!J95.. __
AHO OETER~rNEO WAT TIfIS PROPERIV LIES IN
FLOOO ZONE _.:~:h___
CERlIFlClIIOII
1\.011\.1.1I'01(.'
nUl IS M:Jr , W!'I'{f
I ~HWoiER:!flolKrr 1~:~I:.D~r PlIJI
~E HKIC'L .S\l"~'ROS ~l rORIH 01
II fLOllID. 6OUlO Of PROfESSIOH,M,
fl 1~,S~,'.PMRIMill:'PC'tn'l:. 6~WsiJ'IHr
10 SEClIOH HI. 01/ flOllIOUS.
~ff~ffir.1ii'-CCTi~-.
A AENGINEEnING AND
SUnVEYING, INC.
510 '40nA1IO AVe
#10 III louD. (LonlOA J1IS.
(tOI1 611-'tl'
rA~ G"-lt06
l. tJ. . ~'J'jl
U'1..l O(WI"Il()ll
KOtI(l(O tf a.HIII
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~
. DATE 04128100 CITY OF WINTER SPRINGS PERMIT # 00-00675
1126 E. STATE ROAD 434
WINTER SPRINGS FL 32708
OFFICE PHONE 407-327-5963 INSPECTION LINE 407-327-7596
BUILDING PERMIT
SITE ADDRESS: 627 SAILFISH RD
SUBDIVISION: N ORLANDO RANCHES
LOT# 11
PARCEL#
OWNER: BAITY, HOWARD & LIBBY
OWNER ADDRESS: 627 SAILFISH RD
CITY: WINTER SPRINGS
4 PHONE: 407-971-0252
STATE: FL ZIP GODE: 32708
CONTRACTOR: SAUDANI, JOHN
ADDRESS: 1393 SANTIAGO CT
CITY: WINTER SPRINGS
LICENSE# CGC 058526
PHONE: 407-365-4986
STATE:FL ZIP CODE 32708
WORK: CONSTRUCT S F R
DESC.
VALUE OF WORK: 195546.00
SQUARE FOOTAGE: 2515
STORIES:
DWELLING UNITS:
ARCHITECT
ENGINEER
FEES:
100-0001
100-0002
100-0003
100-0004
100-0005
100-0006
100-0007
100-0008
CONSTRUCTION TYPE: VIU
OCCUPANCY TYPE: R3
USE ZONE:
SPRINKLERS:
BUILDING PERM
PLAN REVIEW
ELECTRICAL PERMIT
MECH. PERMIT
PLUMB. PERMIT
R.O.W. PERMIT
ARBOR PERMIT
RADON
977.73
25.00
55.00
85.00
15.00
25.15
--------
--------
TOTAL FEES 1182.88
FEES PAID 1182.88
******************************* NOTICE ********************************
THIS PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUCTION IS NOT
BEGUN WITHIN 2 MONTHS,ORiIF WORK OR CONSTRUCTION IS SUSPENDED OR
ABANDONED FOR A PERIOD OF 6 MONTHS ONCE WORK IS STARTED. PERMIT
EXPIRES 1 YEAR FROM DATE OF ISSUANCE. GRANTING OF A PERMIT DOES NOT
GIVE AUTHORITY TO VIOLATE OR CANCEL THE PROVISIONS OF ANY FEDERAL, STATE
OR LOCAL LAW OR DEED OR HOMEOWNER RESTRICTION REGULATING CONSTRUCTION
OR THE PERFORMANCE OF SAME.
I HEREBY CERTIFY THAT I HAVE READ AND ExAMINED THIS DOCUMENT AND KNOW
THE SAME TO BE TRUE AND CORRECT. I FURTHER CERTIFY T~~.~~~~~P.~RFOR
MED UNDER THIS PERMIT WILL BE IN CONFORMANCE WITH ALL ~p~(~:rv~~E
AND LOCAL LAWS AND DEED OR HOMEOWNER REGULATIONS. :':.:tJ'i.:Lll"ii~~~~.;::i
: t . J ';'__:. ........
..
(s. '-~t~~~t~-~~~h~~i~~d-~~~~~)
_ _ <:1_ / J2 f: / _ qQ
ZONE:
. . BUILDING CONTRACTOR:
STATE NO.:
PHONE NO.:
OWNER:
JOB LOCATION:
PHONE:
ELECTRICAL CONTRACTOR:
PHONE:
MECHANICAL CONTRACTOR:
PHONE:
OTHER CONTRACTOR:
PHONE:
SEPTIC PERMIT #
REMARKS:
F.F. ELEVATION
SOIL REPORT: vtcd J"'~/tf~C>e)
(j)
p~~:~: t;fJ:; 0 PjJ:0SUBDIVISION
N.O.C. DATE: t-, 1_ _ _ LOT NO.:
. !
AP~. IT(D.A15 _ MODEL #:
~ SQUARE FEET:
INSPECTIONS
lYPE OK. REJ'T
/I1r!4 ~(jjI{tl
:'?~\~l
R.OW
BACKFLOW
DATE INTERIM FEE REC'O:
FINAL INSPECTIONS: BUILDING
UTIUTIES
ENGINEERING
Important: Road the InstructIons on paoos 1 - 7.
0-68960 SECTION A. PROPERTY OWNER INFORMATION For Insurance Company U3e:
BUILDING OWNER'S NAME poncy Numbor
Howard Baity; Libby Baity
BUILDING STREET ADDRESS (Including Apt.. Unit. Suite. and/or Bldg. No.) OR P.O. ROUTe AND BOX NO. Company NAIC Number
- 627 Sailfish Road -.--_.-.-_.~..... ....-...---.-..- ....- ...........--.
Sent 'By: FIRST FINANCIAL;
4079777020;
Nov-IO-OO 5:33PM;
.'~ ......
FEDERAL EMERGENCY MANAGEMENT AGENCY
NATIONAL FLOOD INSURANCE PROGRAM
ELEVATION CERTIFICATE
CITY
Wlntef S r1n
RO ERTY DES
sec 2-21.30
BUILDING USE (e.g.. RQsid91llial, NO<H\lSiIJOtlti"l. Mlliliocl. A~IO$O<y, ate. Use Cumlllents section if necessary.)
SFR
LA T/TUDEfLONGITUDE (OPTIONAl)
( W. t#f - ##.##" ()( ##.~
STATE
FL
arcel Number. Legal Description. etc.)
ZIP CODe
32708
Page 1/2
a.M.B. No. 3067-0077
Expires July 31. 2002
HORIZONTAL DATUM:
181 NAO 1927 0 NAO 199J
SOURCE: 0 GPS (Type):_
o USGS Qvad Ibp 0 Olhllr. _
SECTION B. FLOOD INSURANCE RATE MAP (FIRM) INFORMATION
B 1. NFIP COMMUNITY NAME & COMMUNITY NUMBER 82. COUNTY NAME
120295 Seminole
B4. MAP AND PANEL 85_ SUFFIX B8. FIRM INDEX B7. FIRM PANEL 86. FLOOD
NUPl.BER DATE EFFECTIVE/REVISED DATE ZONE(S)
0135 E 4/1711005 X
B10. Indicate the source of the Base Flood Elevation (BFE) data or base flood depth entered in 89.
o FIS Profile (gJ FIRM 0 Community Dctcnninod 0 Other (Describe): _
811. Indicate the elevation datum used for the BFE in B9: 18I NGVD 1929 0 NAVD 1988 0 Olt16r(Oescribe);_
B12.15 the building located in a Coastal Barrier Resources System (CBRS) area or Otherwise Protected Area (OPA)? 0 Yes 0 No
Designation Date_
89. BASE FLOOD ELEVATION(S).
(Zone AO. use d6pth of ll00ding)
34
SECTION C. BUILDING ELEVATION INFORMATION (SURVEY REQUIRED)
Ct. Building elevations are based on: 0 Construction Drawings. t'8I Building Under Construction' 0 Anlshe<1 Construct/on
.A new Elevation Certificate will be required when constcuction of the building Is complete.
C2. Building Diagram Number.! (Select the building diagram most similar to the building for which lh13 certificate is being completed - see
pages 6 and 7. If no diagram accurately represents the building. provide a sketch or photograph.)
C3. Elevations - Zones A1-AJO. AE. AH, A (with BFE). VE. V1-V30. V (with BFE), AR. ARIA. APJAE. ARlA1.A30. ARlAH. ARlAO
Complete Items C3;J-i below ;lccording to the building di3gr:lm speciftCd in Item CZ. Stato the datum usod.lf lho.d:Jtum is different from
the datum used for the BFE In Sectfon B. convert the datum to that used for the BFE. Show field measurements and datum conversion
Calculation. Use the space provided Of the Comments area of Section D or Section G. as appropriate. to document the dacum conversion.
Datum Conversion/Comments _
Elevation reference mar1<: used _Does the elevation reference mark used appear on the FIRM? 0 Yes 0 No
a a) Top of bottom floor (including basemem or enclosure) ~.1Lft.(m) ::
a b) Top of next higher floor ~V_' _ft.(in) i Cl
a c) Bottom of lowest horizontal structur~1 member 01 Zo\~~) _' _ft.(m) ;;
a d} Attached garage (top of /Slab) :..A..6~ . ~. _ft.(m) ~
a e) Ur.-resl elevation of machine<)' andlor equW' ~ 'l~ e ~ ~
servicing the building ~'~ft.(m) ~ ~
a f) Lowest adjacent grade (LAG) .~S' ,\ ~~~1ITft.!m) ~~ ~
a g) Highest adjacent grade (HAG) -:t'.~o~~ _' _!t(m)
a h) No. of permanent openings (flood vents) within 1~.~ adjacent grade _ :J
a I) Tolal area of all permanent opening~ (flood ven~\'t3h _sq. in. (sq. em)
~.
:
SECTION 0 - SURVEYOR, ENGINEER, OR ARCHITECT CERTlFtCA nON
This certification Is 10 be signed and saalod by a land surveyor. engineer. or a(chito~ authorizltd by law to cttrtify elevation information.
I certify thaI the information in Sections A. Bt and C on this certificate represents my best efforts to intetprel the dalB 8vs/lable.
I under$l(tnd lh(tt (tny ((t/:se :stlJtcment may be puni$h(tb/e by fine or imprisonment under 18 U. S. Code, Section (00 t.
CERTIFIER'S NMiE Rlllph Swerdlotf; Cl1r1 M. Smith LICENSE NUMflER 3411: 3762
TITlE SurveyQf
ADDRES3
STATE
COMPANY NAME First Fln~od2J SurvQYors, lnc.
CITY
TELEPHONE
REPlACES All PREVIOUS EDITIONS
EE REVERSE SIDE FOR CONTINUATION
ZIP COOE
7 S
Sent By: FIRST FINANCIAL;
4079777020;
-NoV.l0.00 5:33PM~
Page 2/2
-'t<--
; IMPORTANT: In th~so spaces, copy tho correspondIng information from Soctlon A. Fot Insurance Company Use:
BUIWING STREET ADDRESS (Indudlng Apt. Unit, Suite. and/or Bldg. No.) OR P.O. ROUTE AND BOX NO. Policy NumOer
627 SAILFISH ROAD
CITY STATE ZIP CODE Company NArc NumbGr
WINTER SPRINGS FL
32708
SECTION D - SURVEYOR. ENGINEER. OR ARCHITECT CERTIFICATION (CONTINUED)
Copy both sIdes of !his Elevation Certificate for (1) community official. (2) Insurance agenVcompany. and (3) building owner.
COMMENTS 0.68960
o Check here if atlachments
SeCTION E. BUILOING ELEVATION INFORMAtiON (SURVEY NOT REQUIRED) FOR ZONE AO AND ZONE A (WITHOUT BFE)
For Zone AO and Zone A (without BFE), complete looms E1 through E4. If /he Bovation Certifica(e is intended (Of use 8S supporting
information lor 8 LOMA. or LOMR-F, Section C must be comp/atGd.
E1. Bulldlng Dlagr<lm Number _(Select the building dIagram most sImilar to the building for wh!ch this certificate is baing completed _ sea
p8g~ 6 and 7. If no diagram accuratel.y represents ltle building, provide a sketch or photograph.)
f2. The lOp of the bottom floor (including basement or enclosure) of the building Is. _ ft(m) _in.(ern) 0 above or 0 below (check one)
the highest adjacent grade.
E3. For Building Diagrams 6c8 with openings (see page 7). the next higher floor or elevated floor (elevation b) of the building is
_ ft.(m) _In.(c:m) above the. highest adjacent grade.
E4. For Zone AO only: If no flood depth number is available. is the top of the bottom floor elevated in accordi:!nt:e with the communily's
flood ain mana ement ordInance? 0 Yes 'No 0 Unknown, The local official must cert! 'this information in &lctlon G.
SECTION F. PROPERTY OWNER (OR OWNER'S REPRESENTATIVE) CERTIFICATION
The property owner or owne(s authorized representative who completes Sections A, B. and E for Zone A (wIthout a FEMA-issued or
commonilyaissued BFE) or Zone AQ must sign here.
PROPERTY OWNER'S OR OWNER'S AlJrHORIZED REPRESENTATIVE'S NAM~
ADDRESS
CI1Y
STATE
ZIP CODE
SIGNATURE
COMMENTS
DATE
TELEPHONE
o Check here if aUachml:Jnts
SECTION G - COMMUNITY INFORMATION (OPTIONAL)
Ilte local otfIcIal who Is authocfzed by law or Ordinance to administer (he community's floodplain management ordinance can complete
Sec60ns A. B, C (or E), and G of this Elovation Certificate. Complete the applicable Item{s) anO' sign below. .
<31.0 The Infonnation In Section C was takeo from other documentation that has been signed and embossod by a licensed 3urveyor,
engIneer, or archltect who is authortzed by state or local13w to certify elevll1ion information. (Indicate the source and dale of the
elevation data in thg Commonts Qroa oolow.)
;2.. 0 A community officlel completed Sectlon E for a building localed in Zone A (without a FEMA-issued or community-issued 8FE) or
ZO:1e AO.
;3. 0 The followlng In(ormation (Items G4-G9) is provided for community floodplain management purposes.
G4. PERMIT NUMBER G5. DATE PERMIT ISSUED GO. OA TE CERTIFICATE OF COMPLlANCEIOCCUPANty
ISSU~D
i7. Thls permit has been issued for. 0 Now Construction 0 Sub:Jtantial/mprovcment
~. Elevatlon of <Is-built Iowe3t floor (Including basement) of the buildIng Is: _' _rt.(m)
.9. 8FE or (In Zone AO) depth of flooding at the building site is: _' _ ft.(m)
lOCAL OFFICIAL'S NAME TITLE
I.
f
Datum:
Datum:
COMMUNITY NAME
SIGNATURE
-:oMMENTS
TELEPHONE'
DATE
'.:MA Form 8 , .31, AUG 99
---.- ~..... \"-'11 ~U\Hr~
E.MA r:ofM ~ I.J ,
RE=PI Ar.r:!':. ^' I oOC:V'("\' ""- ...."'T'r.""
ATTACHMENTB
Memorandum
March 21, 2001
-, . i .. .""
:" BuiL'uiN'G DivIsIoN
. ,
.' . . ~ ~,
Memo
To:
From:
Charles Carrington, Community Development Director
Dennis E. Franklin, CBO, Building Official~
Don LeBlanc, Land Development Coordinator
03/21/01
.cc:
Date:
Re:
Finish Floor Elevation - 627 Sailfish Rd.
The following is a chronological list of inspection activity at 627 Sailfish
Rd.
Temporary Power Pole 5/5/00 Approved
Rough Plumbing 5/11/00 Approved
Slab 5/17/00 Cancelled
Re-Slab 5/18/00 Approved
Lintel 5/30/00 Cancelled
Re-Lintel 5/31/00 Approved
Frame 10/31/00 Rejected
(The inspector notes that the contractor was notified that his finish floor
elevation was too low and he would have to verify through commission).
Re-Frame 11/14/00 Rejected
Re-Frame 11/21/00 Approved
Insulation 11/27/00 Rejected
Re-Insulation 11/28/00 Approved
Final
The inspector who made the notation on the package jacket, Vince
Marshall, is no longer employed by the City of Winter Springs. My
understanding is that he notified the contractor of his FFE problem on or
about the October 31,2000 inspection.
. Page 1
SUMMATION: I was unaware of this situation at the time. However, it is
policy to work with the contractors and not hold up their projects so I
assume that the inspector allowed the contractor to proceed to prevent a
delay in the job. I believe it was the contractor's responsibility to satisfy
the requirements at that time he was advised rather then wait. until the
job is near completion. The contractor created the problem by building
the finish floor too low, then he ignored the direction of the inspector,
and now he wishes the city to assist to help him to meet his personal
responsibilities of his closing date.
Supportive documentation is in permit file 00-006755 for your review.
. Page 2
ATTACHMENTC
Variance Application
RECEIVED
,~::\R ! ~: lOOl
Ol7rl(Cilif\WINr::'R "iPRINGS
:CunHTlvrt'I'f L>t:II':IOPf"7'e~l
BOARD OF ADJUSTMENT AP?LICATION
CITY OF WINTER SPRINGS
1126 EAST STATE ROAD 434
WINTER'SPRINGS, FL .32708-2799
(407)327-1800
FOR:
v
ADDRESS:
SPECIAL EXCEPTION
VARIANCE
'CONDITIONAL' USE
ADMINISTRATIVE DECISION
. (~~
L:o'o't A. &>....\.'1 . . 6...:r.' .3CS" -'19 p--c;.
APPLICANT:~ PHQNE6.~<.~o)) Y1JY-l(9C(y--
. A I/''''Y' OW e
I:sCf3 ~A)J7iI1r:d ('J IAhAHr:r )ft'0<:: r( 3). 7oy-
. . "~LI( ..
'DA,",Ck-'"' 3.): J- ,4 3J,I7
1.
2 PURPOSE OF REQUEST: VAt!,/1~c..e
(o..':;J ."t "3 :,",~h.. .)
PLC/,>
, .;
J.
tA,
1
ATTACH' A COpy OF THE PARCEL SURVEY.
ATTACH AN 11 x 17 MAP S~OWING THE SUBJECT PROPERTY AND
SURROUNDING PARCELS.
ATTACH LEGAL'DES~RIPTION.
6. TAX PARCEL IDENTIFICATION NUMBER:
7. LOCATION 'OF PARCEL (Street Addressand/or Nearest Cross
stretts): :'}~ C;;A,LF.'rI( 'Eo ;j~vT('"r ',.(.J,.l;.....,f~ FL ~?-7or
_V"-tJ:f!L.T _~<; !lnn~ )- __,t=""<::
{ .
8. PRESENT ZONING: ~.():,..l;It\.( FUTURE LAND USE: ~o
By Signing below' I understand that city of Winter Springs Officials
may enter upon my rroperty to inspect that portion as relates to
this applica~ion;
(If the applicant is not the owner of the subject property, the
applicant must' attach a letter of authorization signed by the
owner) .
/k.;All.d (J Blfi-ty cl~. '~'bh" A . &"'-1 y
OWNER-PLEASE TYPE I
~J;r' 3~~ ~~
OW R-SIGNATU .
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 M~DE, AT THEIR COST, ~HICH I
INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE.!J
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 agg'rieved 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
Adjustmcnt. but not thereaftcr, apply to the City Council for
administrative rclief. Aftcr a hev.ring before the City Council an
aggricvcd party may. within thirty (30) days after the decision of
thc City Council, file an appeal "'lth a court of competent
illri:;dictioll ()VOL" th.; :;\IIo'j',:1:1 ':1:,11',"".
ATTACHMENTD
Board of Adjustment Minutes
CITY OF WINTER SPRINGS
MINUTES
BOARD OF ADJUSTMENT
REGULAR MEETfNG
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 SPIUNGS
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BOARD OF ADJUSTMENT
REGULAR MEETING - APRIL 5.2001
PAGE 2 OF4
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
W AS APPROVED.
MOTION CARRIED.
CITY OF WINTER SPRINGS
MINUTES
BOARD OF ADJUSTMENT
REGULAR MEETING - APRIL 5, 2001
PAGE30F4
B. Community Development Department Presents To The Board Of Adjustment
The Request For Howard And Libby Baity For A Variance To Section 9-24l.
( 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
MENT ALITY THAT WE HAVE A LOT OF HOUSES THAT, BACK WHEN IT
CITY OF WINTER SPRINGS
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BOARD OF ADJUSTMENT
REGULAR MEETING - APRIL 5. 2001
PAGE40F4
USE TO RAIN, AND SUDDENLY THEY ARE FLOODED, PEOPLE COME
BACK AND BLAME THE GOVERNMENT AND YOU HAVE 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 Adjoumment?~'
MOTION BY BOARD MEMBER WATERS. "SO MOVED." SECONDED.
DISCUSSION. WITH CONSENSUS OF THE BOARD THE MOTION WAS
APPROVED.
MOTION CARRIED.
Vice Chairperson Randall adjourned the meeting at 7:29 p.m.
RESPECTFULLYSUBA1ITTED:
DEBBIE OILLESPIE
DEPUTY CITY CLERK
APPROVED:
ELIZABETH RANDALL, VICE CHAIRPERSON
BOARD OF ADJUSTMENT
NOTE: These minutes were approved at the
.2001 Board of Adjustment Meeting.
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