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HomeMy WebLinkAbout2002 12 09 Regular F Request for a Variance by Paul Starks COMMISSION AGENDA ITEM F CONSENT INFORMATIONAL PUBLIC HEARING REGULAR X 12/09/02 Meeting MGR. f2- /DEPT Authorization REQUEST: The Community Development Department recommends the City Commission deny a request for a variance by Paul Starks from sections 6-2 and 6-84 of the City Code of Ordinances. PURPOSE: The purpose of this agenda item is to consider a request from Mr. Starks for a variance from the requirements of sections 6-2 and 6-84 of the City Code of Ordinances to allow a detached workshop/storage shed to exceed 240 square feet at 210 Arnold Lane (Lot 6, Block H, North Orlando Ranches, Section lA as recorded in Plat Book 12, Page(s) 32-32 of the public records of Seminole County, FL). 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. Sec. 6-84. Accessory buildings. (b) Height and size restrictions. The maximum height shall be twelve (12) feet measured from ground level. The maximum size of any structure shall be two hundred forty (240) square feet. Sec. 20-82. Duties and powers; general c. ... 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; December 9,2002 Regular Item F Page 2 2. That 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. CHRONOLOGY: October 16, 2002 - Variance application was received by City. November 12, 2002 - Board of Adjustment heard the request and recommended approval to the City Commission. FINDINGS: 1) The parcel has R-IAA zoning and is 1.31 acres. 2) The application and attached plan indicates a building size for the detached accessory structure of 25 feet by 35 feet, or 875 square feet. Whereas, the applicant's correspondence indicates that the maximum size of the workshop would be less than 1,225 square feet. 3) The accessory structure would be required to meet all setback requirements. 4) The City is currently in the process of instituting stricter regulations for noise control, types of uses and lighting for accessory structures to prevent negative impacts on adjacent properties. These regulations, if adopted, would be applicable and retroactive for this variance request. 5) The applicant has indicated that many other homes in the North Orlando Ranches subdivision have similar sized accessory structures and provided documentation listing those homes. 6) There are mature trees on the site that should be preserved. 7) Staff has not received a written explanation from the applicant of how the variance request conforms to all six of the variance criteria set forth in Section 20-82 of the Code. 8) In order to recommend approval for the variance request, the variance request must meet all 6 variance criteria set forth in Section 20-82 of the City Code of Ordinances. 9) The applicant previously received a variance from the City's rear-yard building setback requirements to construct a primary structure at this location in an area where the fewest trees would be destroyed or disturbed. December 9,2002 Regular Item F Page 3 CONCLUSION: In conclusion Staff believes that the enormous degree of variance being requested, 365% and 510% respectively in the two requests represents a waiver of the Ordinance rather than variance from the Ordinance. In addition, Staff does not believe that the variance request meets any of the six criteria for authorizing a variance under the City Code. BOARD OF ADJUSTMENT: At its regularly scheduled meeting of November 12,2002, the City of Winter Springs Board of Adjustment heard Mr. Starks request for a variance and recommended approval with the condition that no trees are to be destroyed by construction of the accessory structure. RECOMMENDATION: Staff recommends that the Commission deny the variance request, since staff does not find the request to meet any of the variance criteria set forth in Section 20 - 82 of the City Code. Approval requires consistency with all six criteria. If the Commission should choose to approve the variance the Commission should consider that the variance previously granted for construction of the house was granted to save trees. Thus, the accessory building if approved should be located in such a way as to minimize removal of trees. The Commission may wish to defer this case at least until the January accessory building workshop. ATTACHMENTS: A - Variance Application B - Correspondence from Applicant C - Plot Plan submitted with location and size of Accessory Structure shown. D - November 12,2002, Board of Adjustment Minutes E - Applicant's list of other large accessory structures in North Orlando Ranches COMMISSION ACTION: ... .:~.\ ATTACHMENT A I /~dn? I -;--:::d::.. ~o 2-0D I /9/c j//J-e;z:- j 'BO~RD O~ ADJUSTMENT APPLICATION CITY or WINTER SPRINGS .' 1126 EAST S~ATE ROAD 434 : WIN T E R . SPRINGS, r L .3 2 7 0 8 - 27 9 9 (407)327-1800 rOR: SPECIAL EXCEPTION VARIANCE 'CONDITIONAL USE ADMINISTRATIVE DECISION 1. ~ 2 ~ ~. 3. 4 . APPLICANT: fA",.... B. S;--4~v...s "y07- 7,F- 7 t':l.? c '.' 'PHQNE "~07't.'T'?_ 15t;5 (., ~ f' 'I .(J,....{) F''''j tin.... ADDRESS: C A SScc-PEn..n..'(. . ,c..... '. , , :r :L? 07 .... a...;..]). A,J "',..II~~c/.L!) tJ.v~I,]",,,_t;,..(.;: v:r J! i:> ~.s A . . t.J1I>-tK.SIIo.t> / .5',.... ~4e:~ ATTACH A COPX OF THE PARCEL SURVEY. ATTACH AN 11 x 17 MAP S~OWING THE SUBJECT PROPERTY AND SURROUNDING PARCELS, 5. ATTACH LEGAL' DESCRIPTION. D...~ ~u It."'c.r , .' 6. TAX PARCEL IDENTIFICATION NUMBE~i tJ':J.-.z.I-g<> -5"",r;,~ OHdO _ 6C1~o . . 7. LOC1\TION 'OF P1\RCEL (street Address. and/or .:Nearest streets): .21" -t";"c.6 LA-..rE c.J''''7'E S'f'n.,,,(.::.i.?__. '1...7oIr Cross 8. PRESENT ZONING: R,AA. ~ FUTURE .L1\ND USE: By Signing below' I u'nderstand that City of Hinter Springs Officials may enter upon my property to inspect: that portion. as relates to this appllcation: . ... (If the applic~nt is not the owner of the subject property, applicant must attach a letter of authorization signed by owner) . the the ff) u c.. 13, S -.-4. fl.J'C5 OHNER-PLEASE TYPE . ~. (l-~Cb QWNER-SI N1\TURE. '. r '.1 '1'____ " Ocr 162002 . en If' GUrt.1] r...... t. , .'t.f\.I~:~ PERSbNS ARE ADVISED THAT, rr THEY DECIDE TO APPEAL ANY..' DECISIONS MADE AT THESE MEETINds/HEARINOS, THEY WItL NEED A.RECORb OF THE PROCEEDtNGS AND FOR SUCH PURPOSE~ THEY HILL NEED TO INSURE THAT A VERBATIM'RECORD OF TH~ PROCEEDINGS IS M~DE, 'AT'THEIR 'COST, WHICH, INCLut1ES THE TESTIMONY AND .EVIDENCE UPON WHICH THE APPEAL IS TO BE: ..' BASED, PER SECTION 2&6.0105, FLORIDA STATUTES SECTION 20-84 - APPEALS FROM DECI~IONS 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) d,ys after the filing of any de~ision in the office of the Board of Adjustment, but not thereafter, ap.ply to" the 'City Council for administrative r~lief, After a hearing before the City Council an aggrieved party may, within thirty (30) days after the decision of the Citi Council, fll e an appeal with a court of competent jurisdiction over the subject matter. ...... . .'f.,.()f"'n. -'........ ,';0.. i -:,,1 \ ----- ----:';-'~' .ATTACHMENT B Paul B. Starks 484 Wild Fox Dr. Casselberry, FL 32707 City Commission City Of Winter Springs Winter springs, FL 32708 Dear Sirs: This letter is attached to a Variance application that requests permission to build a workshop at 210 Arnold Ln" Winter Springs, FL 32708, The legal description is Lot 6, Block H, North Orlando Ranches, Sec, lA as recorded in plat book 12, Page(s) 32-32, of the public records of Seminole County, Florida. This is a L31-acre parcel that I am currently in the process of permitting a residence, and construction for that should begin by the time you read this, The workshop will be approximately 1225 square feet or less, It will comply with all State of Florida and City of Winter Springs building codes and will be used as a shop and storage facility and not any commercial use. There are no setback issues and it will be constructed in an aesthetic manner commensurate with its surroundings, Many other homes in the immediate area have similar structures. Thank you for your consideration, Sincerely, ~f P_J4 Paul B. Starks ~.~~~~:$URVEYWASPREPAREDFROMTITl.E A TT ACHMENT C T10NSOR . UNRECORDED EASEMENTS THAT AFFECT THIS f'KUI'I:K IT. 2. NO UNDERGROUND IMPROVEMENTS HAVE BEEN LOCATED UNLESS OTHERWISE SHOWN. 3. THIS SURVEY IS PREPARED FOR THE SOLE BENEFIT OF THOSE CERTIFIED TO AND SHOULD NOT BE RELIED UPON BY ANY OTHER ENTITY. 4. DIMENSIONS SHOWN FOR THE LOCATION OF IMPROVEMENTS HEREON SHOULD NOT BE USED TO RECONSTRUCT BOUNDARY LINES. 5. BEARINGS ARE BASED ON ASSUMED DATUM AND ON THE UNE SHOWN AS BASE BEARING (BB). 6. PROPERTY HEREON LOCATED IN ZONE" X' &'A' PER F.l.R.M. COMMUNITY PANEL NO. 1202950145 E DATED 04-17-95. 7. ~LEVATlONS HEREON REFERENCED TO SEMINOLE COUNTY DATUM (NGVD '29). SET IP CUlve Delia An91e Ra<>us Arc LS 4243 l' 84'13'51" 40.00 58.80 2 36'23'08' 109.86 69.77 3 6'07'34' 209.59 22.41 4 12'35'14' 757.84 166.49 -- . 5 96"30'53' 40.00 67.38 APPROXIMATE /,- SET IP TOP OF IW/X ---./.' LS4W ~*'/7 o~ oq ","-;.f' o~~/ ~/ / / / / / / ,/ \ ,;,/ ').l, ,. {'> , ,>'1,' 0" 7 i\.!, '). ,~,\. A:JOI'.j.~ u-- -, \ LAKE 0::-, ~ \ LOL6. ;> BLOC,\~;'> \. . '.s> ,. '~ ,0 ",EP \ \ \ \ ,/ <) '- /.,c. t,<:,"l )_ ~" 7 , \ ",0... \1\' ~""", \ S ,q\' /l- --....... ,;>"" C~ ~ \ I'~?-' ~\v ~' \. 1""0 / ~9:-' '0<:' \,., '),~'),. ~ 9 sS"~ _<$."3 ~\:t' sS ~ // SET T.B.M. ELEVATION 60.26' TOP REBAR 13 / <3r \ REC RS '- i.C. '\ P.C. \ b.~ ~ \<,;, , \0(' ,f~ ,\''''6 '\0 '~ , DESCPIPTION: LOT 6, BLOCK H, NORTH ORLANDO RANC\'iES SEC. 1A AS RECORDED IN PLAT BOOK 12, PAGE(S) 31-32, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA JOB NO.: 01-045 DATE: FIELD: 01-2\)-01 . SIGNED: 02-05-01 DRAWN BY: JWJ P.C.: T.F. LEGEND REC. . RECOVERED I P. . IRON PIPE I.e. . illEGIBLE CAP I C'" - CONCRffi MONUMEtfT RG ,REBAR RAO . RADIAl N.H. . NOT RADIAl WI - PER ruT IMI - AS MEASURED (Ol . PER DESCRIPTtON P.O L. POINT ON LINE P.C. . POINT OF CURVATURE PT. .POINTOFTAHGENCY On" C' V to V V Y ~. ~ CONCRETE ~. v .., v PRC- POINT OF REVtRSE CURVE R.P.. RADIUS POINT R - RADIUS l - lENGTH OF Me CA - CENTRAl AUQ.E U.E. UTlUTY ~EME!iT Q E.- QRAlAAGE EASWF.tlT l.E.- LANDSCAPE EASEMENT S E- SIOE'HAlK EASEMEtH P.P.- I'CfNERPOlE .1.- . CHAJN LINK FENCE -0- WOODEN FENCE 109 WEST ORANGE STREET AL T AMONTE SPRINGS, FL. 32714 PH. (407) 696-1155 Boundary And Mapping Associates, Inc. ~'I- qO' <:5 w 5 / / tt / ~ Of / ~ / 2 [NJ SCALE l' = 50' CERTIFIED TO: PAUL STARKS REVISED: 1 C..:l2-ll2 SHOW SIYE T.B.M. LAI~D SURVEYORS LB 4565 Nol 'fJid witl,.>..:: ;rid S1gnalur..! c.nd me \.V1\JinsllaSttd &wlo~ d Fb;ci\l kensed ~f'iI!~' end mapper. AJdl:.onr [r1d dt:blic.-:s to SlJrwy maps exlep:>rtG oy c.thef thm tte s:gnll:9 party Of pM~:; ,S prohibited 'MU"OJ1 wnllen con I 01 the sigrung pa1'f Of pfW1tes. ), ATTACHMENT D CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING NOVEMBER 12, 2002 I. CALL TO ORDER Chairman Tom Waters called the Regular Meeting to order Tuesday, November 12,2002 (Postponed from November 7, 2002), at 7:01 p.m. in the East Training Room of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Chairman Tom Waters, present Vice Chairman Jack Taylor, present Board Member Gary Diller, present Board Member John Herbert, present II. CONSENT AGENDA CONSENT A. Approval Of The October 23,2002 Regular Meeting Minutes. MOTION BY VICE CHAIRMAN TAYLOR. "I MAKE A MOTION WE APPROVE THE MINUTES OF THE OCTOBER 23RD MEETING." SECONDED BY BOARD MEMBER HERBERT. DISCUSSION. WITH CONSENSUS OF THE BOARD, THE MOTION WAS APPROVED. MOTION CARRIED. III. REGULAR AGENDA REGULAR B. Paul Starks Requests A Variance From The 240 Square-Foot Maximum For A Detached Accessory Building Set Forth In Section 6-84. Of The City Code Of Ordinances At 210 Arnold Lane (Lot 6, Block H, North Orlando Ranches, Sec. lA.) Mr. Baker presented the Agenda Item; informed the Board that "Staff does not find that this request meets the six (6) criteria; and if the Board provides a Variance, Mr. Baker asked that a stipulation be placed stating to "Not take out any big trees". Mr. Paul Starks, 484 Wild Fox Drive, Casselberry, Florida: spoke of the six (6) criteria and distributed to Mr. Baker a list of homeowners in the area that have similar "Buildings" CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - NOVEMBER 12,2002 (POSTPONED FROM NOVEMBER 7, 2002) PAGE20F6 on their property. Referencing that list provided by Mr. Starks, Mr. Baker advised, "We can put that in the Staff Report for the City Commission." Mr. Baker informed the Board Members of the upcoming Workshop of the City Commission addressing detached garages and accessory buildings. Discussion. MOTION BY VICE CHAIRMAN TAYLOR. "IN LOOKING AT THE VARIANCE CRITERIA AND AS INTENT, I BELIEVE THAT MR. STARKS MEETS MOST OF THE VARIANCE CRITERIA. SO I WOULD RECOMMEND THAT WE SUBMIT TO THE COMMISSION - TillS FOR APPROVAL BASED ON THE DISCUSSION OF NOT TOUCHING THE TREE - NOT MOVlNG THE TREES - TOUCHING THE TREES." SECONDED BY BOARD MEMBER HERBERT. DISCUSSION. VICE CHAIRMAN TAYLOR STATED, "LET ME REWORD THAT - DESTROYING OF ANY TREES SHOULD BE INSERTED WHERE I SAID MOVING THE TREES." BOARD MEMBER HERBERT ADVISED, "I WILL SECOND THAT." VOTE: BOARD MEMBER HERBERT: AYE VICE CHAIRMAN TAYLOR: AYE CHAlRMAN WATERS: AYE BOARD MEMBER DILLER: AYE MOTION CARRIED. REGULAR C. Betty & Louis Ogus Request A Variance From The 25' Side Set Back Requirement As Set Forth For Corner Lots Under The Tuscawilla PUD For Lot 54, Tuscawilla Unit 9, At 668 White Oak Court. This Agenda Item was presented by Ms. Max Epstein, Zoning Technician, Community Development Department. Ms. Epstein also submitted aerial photographs, oversized plans, and photographs taken by Mr. And Mrs. Ogus. Mr. Bob Ogus, 668 White Oak Court, Winter Springs, Florida: addressed the Board and stated that when the house was constructed it was "Originally built out of Variance". Tape 1/Side B Note: Due to technical difficulties. portions of Tape l/Side B are inaudible. ATTACHMENT E _1-(' 5 77l1J:_~_~tAJ uJ ~~__ on.....__ _ ________._______._________.__ felo /A-f5S Il/~.~. ______ .._______ 'Z ( 5 :z!'1 t4 4;) f! <.oJ I ,.J ~ $' ..'__. 2. g5 7r"Za A(J...,r I "",I b5 ~zo ~,,~ ~;: 0./, AI ~ $ J.~.f ~~"5 7/lAbf:!. e..J '''''/).$_______________ ZGo~ rltA 4 ~'CV,(lJ ~~___. ___ 7",t4-~r5"", ',.(6S &/)1 .2.dF .J" v ,..1 rz, sF ......-P IZ 1""'0 -( (..It/ till S"v,J I'l, sC 61/ 5J?I'" I S-(" ~----------- --------------