HomeMy WebLinkAbout2002 12 09 Regular G Request for a Variance by Louis and Betty Ann Ogus
COMMISSION AGENDA
ITEM G
CONSENT
INFORMATIONAL
PUBLIC HEARING
REGULAR X
12/09/02
Meeting
MGR. ~PT ~
Authorization
REQUEST: The Community Development Department recommends the City Commission
hear the request for a variance by Louis and Betty Ann Ogus from sections 6-2 and 20-103 of
the City Code of Ordinances, for 668 White Oak Court, Tuscawilla Unit 9, Lot 54.
PURPOSE: The purpose of this agenda item is to consider a request by Mr. And Mrs. Ogus
for a variance from the requirements of sections 6-2 and 20-103 of the City Code of
Ordinances to allow an eighty (80) square foot addition to encroach one and three-fourth (1.75)
feet into the twenty-five (25) foot setback on the south side of the property, fronting on White
Oak Drive.
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. 20-103. Restrictions upon lands, buildings and structures.
(c) 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 buildings site requirements... for the district in which
such building or structure is located.
CHRONOLOGY:
November 5, 2002 - Variance application was received by City.
November 12,2002 - Board of Adjustment heard the request and recommended approval to
the City Commission.
December 9,2002
Regular Item G
Page 2
FINDINGS:
1) The house was constructed in violation of the setback regulations in 1981. The
primary structure does not meet the 25 foot setback requirement on the south side of
the property.
2) The property is a comer lot and the requested variance faces a street rather than an
immediate adjacent parcel.
3) The location ofthe addition as shown on the plot plan does not negatively affect
sight lines at the comer of White Oak Court and White Oak Drive.
4) The variance request must conform to all six ofthe variance criteria set forth in
Section 20-82 of the City's Code of Ordinances.
BOARD OF ADJUSTMENT:
At its regularly scheduled meeting of November 12,2002, the City of Winter Springs Board of
Adjustment heard request for a variance by Mr. and Mrs. Ogus and recommended approval.
RECOMMENDATION:
Staff recommends denial of the setback variance request since it does not meet 5 of the 6
variance criteria (the original setback violation was created by the builder, not the owners - the
request would enlarge an existing non-conforming situation)..
ATTACHMENTS:
A - Variance Application
B - Letter from Applicant explaining why variance should be granted
C - Plot Plan submitted with proposed addition shown on the Historical survey that
demonstrates that the house was constructed in 1981 already in the setback.
E - November 12,2002, Board of Adjustment Minutes
COMMISSION ACTION:
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ATTACHMENT A~
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NOV 0 5 2002
Cl1Y OF VIIINTER SPRINGS
Pennit1i.ng . Max
'BOA'RD OF AD~USTHENT APPLICATION
CITY OF WINTER SPRINGS
., 1126 EAST S~ATE ROAD 434
:WINTER'SPRINGS, FL ,32708-2799
(407)327-1800
FOR:
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SPECIAL EXCEPTION
VARIANCE
'CONDITIONAL USE
ADMINISTRATIVE DECISION
1.
2
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3. ATTACH A COPX OF THE PARCEL SURVEY,
4. ATTACH AN 11 x 17 HAP SHOWING THE SUBJECT PROPERTY AND
SURROUNDING PARCELS.
, I..~ lof 5'1 ,s"""~"k cov"'-At J FI-
5. ATTAC~ LEGAL' DESCRIPTI~N. rU5~cit.uil/d" UJIJ,;f 9 Pf3-"tf PG-5 7~';'73
6. TAX PARCEL IDENTIFiCATION NUHBE~:' 07-~/-31:"S-()ff_ 0000- 05~Q.
' , . ',' . , ,
7. LOCATION 'OF PARCEL (street Addres's .and/or .:Nearest Cross
st '" t,) , ;;: "'-")1:' ~ "::;,..;. ~ ~ ;:; '~;: ~~ ~ u; 6:;; f:..:t: <;-' vt'
V1PtJ VtII'C+ ~V'lo?C~ .~..J--e.-/-J ~ _ wI. :t._ 0__.. D~__ .,...- _(1$ ~__J~_
8. PRESENT ZON}NO: S/';:J/~ f:"QINI;~1 FUTURE:LAND. tJS~! .sil1.JIr.~U1J'i.y
By Signing below'I ~nderstand that City of ~inter Sp~ings Officials
may enter upon my property to inspect that portion, as relates to
this application:
r\" C!- .
(If the applicant is not
applicant must' attach. a
owner) .
Lo~ \ ~ <<.. D~'-l So
O"~~E
OfolNER-StG URE
the owner' of the subject property,
I etter of authori"zation signed by
the
the
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PERSONS ARE ADVISED THAT, IF THEY DECIDE TO APPEAL ANY.. DECISIONS
HADE AT THESE HEETINds/HEARINGS, THEY WItL NEED A.RECORb OF THE
PROCEEDINGS AND FOR SUCH PURPOSE, THEY WILL NEED TO INSURE THAT A
VERBATIH'RECORD ~F THE PROCEEDINGS IS HADE, 'AT'THEIR 'COST, WHICH
INCLUDES THE TESTIHONY AND .EVIDENCE UPON WHICH THE APPEAL IS TO 8E,
BASED, PER SECTION 286.0105, 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 dedision in the office of the 80ard of
Adjustment, but not thereafter, apply to' the 'City Council tor
administrative ~~lief. After a hearing.before the City Council an
aggrieve~party may, within thirty (30) days a~ter the decision of
the City Council, file an appeal with a jou.rt of competent
jurisdiction over the subje~t matter,. .
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ATTACHMENT B
NOV 0 5 2002
Louis R. and Betty Ann Ogus
668 White Oak Court
Winter Springs, FL, 32708-3844
4 November 2002
Mr. John Baker
City Of Winter Springs
1126 Eat State Road 434
Winter Springs, FL. 32708
CITY OF WINTER SPRINGS
Permitting - Max
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Enclosures:
1. Application for Variance (with $500.00 check) and attachments:
a. Parcel Survey
b. Maps showing subject property and surrounding parcels.
c. Warranty Deed and Abstract of Title with Legal description of property.
d. List of property owners within 150' of subject property.
2. Seminole County Government Engineering Division Aerial Photographs from 1983.
3. Graphic showing combined surveys of the subject and neighboring properties.
4. Pictures of the house, the street, and the adjoining parcels with notes.
Dear Mr. Baker,
The purpose of this letter is to request a variance from the requirement to have a 25' set back
on the side of our house facing White Oak Drive.
Our house was built in 1981. It has not been modified since that time.
My wife and I have decided to stay in Winter Springs once I retire and would like to add a
porch to the house and do some internal remodeling. To that end, we had a set of plans
developed. These plans were also reviewed and approved by the Tuscawilla Homeowner's
Association Architectural Review Board - subject to permitting by the City of Winter Springs.
We then had a series of builders provide bids for the job.
When the builder we selected applied for the pennit, it was denied based on the fact that the
original house is in violation of the set back. As you know, the required set back is 25' from
the side of the house facing a street.
Unfortunately, the original house was constructed six to fifteen inches closer to the line than
allowed. We have attached three aerial photographs that the Seminole County Engineering
Division took in 1983 to show that the original house and fence which parallels White Oak
Drive has existed from at least that time.
There are various and sundry reasons why we feel that the variance should be granted, the
most significant one being that the house was originally built in violation of the set back _
and we had no control of this. Clearly, this did not result from any action on our part.
There are also other special conditions that exist. These include the following:
The subject lot is a comer lot that is of such a size that the effect of the variance will be
minimal.
/
CITY OF WINTER SPRINGS
Attachment 3 snows.'~ ItffJr property and the parcel that is adjacent to ours to the east. As
you can see the current house is over 75' from that structure and even with the addition of
the porch will not block access to or line of sight from their drive way. Other driveways to
the south and west are also unaffected; their line of sight up and down White Oak Drive is
also unaffected.
Attachment 4 is a series of pictures; a set of explanatory notes is provided.
Changing the design to comply with the set back will be a hardship both from a financial and
an aesthetic point of view.
According to our builder, restructuring the roof line to comply with the set back will require a
change in the pitch from the current roof. if modified to comply with the set back, the
addition will not maintain the look of the remainder of the house. It will have a negative on
the aesthetics and the harmony of the house - and therefore reduce the value of the property
and its tax base.
Anchoring the cement pad of the porch to the original pad will also be more difficult since
there will be a break in the continuity of the line.
There will be a significant increase in the amount of demolition required to open the existing
roof, reconfigure it, and then fit the new porch onto it at an angle. This would be a direct
financial hardship.
On the other hand, granting the variance would, in our opinion, be in keeping with the
harmony of the neighborhood and would certainly not be injurious to the neighborhood or
detrimental to the public welfare. There appears to be more than sufficient set back
remaining (approximately 23 to 24 feet) to allow line of sight from all angles along White Oak
Drive.
We have also discussed the project with our immediate neighbors and are assured by them
that they have no objections.
As you can also see from the pictures the addition will also serve to block line of sight to the
garage located to the north of the property which can clearly be seen from the length of
White Oak Drive. We think this is an added advantage.
Therefore. my wife and I request that the variance be approved.
Thank you for your time and effort on our behalf. If there is anything we can do to help
expedite this request, please do not hesitate to call us at our home, 407-365-3500, or on our
cell phone, 321-663-8450.
Sincerely,
p~.fic)
Q\~' .~ "
touis R. an I Ann Og . - -
DESCRIPTION
. ATTACHMENT C
, MA,P OF SURVEY
L Cv'/5 F BETTY A/i//~ OGv5
LOT.5~ TC/J'CAW/LLA U/V'/T 9
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PAGElS) ??,& 7.1 OF THE PUBLIC RECORDS OF
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RECORDED IN PLAT BOOKC4
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HENRICH, TROTTER,
CARTER, & 'AYERS, INC.
L.AND SURVEYORS
723.EXECt/T/Vc.CJ/?/VE
WINTER PARK, FLORIDA 32789
(407) .647-7346
TlilS ~\JRVEY MEtTS 1HE. MINIMUIt lECtlHICAL
ST ANVARf>S SET FORTH BY litE FLOftl.'" !CARD oF
LAND SURV~YORS, PU~AH110 SECTtoN 47U111
Fi.J](~{t STATUTES, 'Ch'I"1,PTER CP/ G/7-6
CERTI FlU) ey.:
G. L. CA/?TER
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~E--SUR.\J!;'Y 11- Ib-~" REG. LAND SURVEYOR NO, ZQ35
RE -J'v-/?VEY,' ~ -28-tJ/ L/CE/VSELJ .8t/..f'/A/ESS NO. 26'~-f.
DATE OF:
BOUNDARY ,5-/5-8/
FOUND ~-/7- 8//
FINAL //-.J1-8/
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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
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 I/Side B
CITY OF WINTER SPRINGS
MINUTES
BOARD OF ADJUSTMENT
REGULAR MEETING - NOVEMBER 12, 2002
(POSTPONED FROM NOVEMBER 7, 2002)
PAGE20F6
Note: Due to technical difficulties, portions of Tape l/Side B are inaudible.
Mr. Ogus addressed the six (6) criteria for the approval of a Variance.
Discussion developed.
Chairman Waters recessed the Meeting at 8:25 p.m.
The Meeting reconvened at 8:34 p.m.
Much discussion developed regarding the actual request for Variance from Mr. and Mrs.
Ogus and how it differed from the Agenda Item noted on the Agenda. Ms. Epstein
drafted an amended request that properly stated the homeowner's request and distributed
it to the Board Members. That amended Variance request should read as follows:
AMENDED
REGULAR
C. The Purpose Of The Agenda Item Is To Consider A Request By Mr. & Mrs.
Ogus For A Variance To Allow The Re-Building Of Their 62 Linear Feet Fence
With A Pergola Top That Currently Encroaches 11 Feet Into The 25' Side Set Back
As Was Originally Built. It Is Currently Located On The South Side Of The
Property, Which Fronts White Oak Drive. In Addition, Mr. & Mrs. Ogus Request
A Variance For The Construction Of An 80 Square Foot Addition That Will
Encroach 1.75 Feet Into 25' Side Set Back On The South Side Of The Property Also
Fronting White Oak Drive.
After discussion, Mr. Ogus stated, "If we were to remove the eight (8) or ten (10) pergola
joists along the fence, then it becomes a fence and there is no encroachment?" Ms.
Epstein stated, "That is correct It is just a fence." Mr. Ogus stated, "We would be
willing to give up the Pergola if we had to."
Tape 2/Side A
Discussion.
Mr. Ogus stated further, "If the Planner feels that it [fence] is structural but the removal of
those joists will make it a fence, and only a fence, we will be happy to give up the joists
and build it without the joists, or make them so that they do not attach to the house."
MOTION BY VICE CHAIRMAN TAYLOR. "THE MOTION IS AS FOLLOWS:
IT IS MY UNDERSTANDING THAT BASED ON ONE (1), THE HOUSE WAS IN
,.. . . ..
i 0 Vv"nom ii may t.;oncern,
~My name is f'Y1af'lcne. J. S'duuab
1 resHle at l3Q2.. Wr.tite Oak Drive in the CiLj Of'vVinter Springs, norida.
1 am a neighbor of Louis and Getty Ann Ogus who reside at 668 '"Vhite Oak Court.
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I alii awa..;;; VI un;; vallallvl;;; UIl;;;Y all;;; 1l;;;~Ul;;;;:'UIIO IVI all aUUIUVII ~v ~1Il;;;1I II V U;:'l;;;, WIIl'-1I Will
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encroacu 1. ij reet mto tue twenty-live :toot setoack on tue soum Sloe or tuelr uouse racmg
'White Oak Drive.
1 would like to state my a~leelllent of and complete support tor this variance.
in my" opinion, the encroachment does not t;ock hne of Sight a;ong the streets (\lVhite Uak
Drive an.d Court) mid the addition to their house will increase the value oHheir property
and mine.
I theretore request that the City grant the request tor a variance.
Thank you in advance for your aSSistance,
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To whom it may Concern,
My name is -;)/ (} Iv! A.t' "'v J Ii 00 1<' E f(
i reside at J J ; 7
Vihlte Uak iJnve in the City Uf Wmter Spnngs, Fionda.
1 am a neighbor of Louis and Betty Ann Ogus who reside at 668 White Oak Court.
1 am aware of the variance they are requesting tor an addition to their house, which \\'i11
encroach 1. 75 teet into the twenty-five toot setback on the south side oftheir house ta\;i.i1g
White Oak iJrive.
1 would like to state my agreement of and complete support tor this variance.
- ..... ... .. ...... .. ~ .........." ~.. ...... -'.....
in my opmiOn, tlte encroachment uoes not Diock ime or Sight aiong the streets i.. w rute Uak
Drive and Courtj and the addition to their house wi11 increase the value oftheir property
ana mine.
........ ..... ...... .. ... ..
1 tltererore request that tlte City grant the request tor a variance.
ce tor your assistance.
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i cllll a 1It:1!:)IfUVI VI LVUI:> auu ut:ny N-JlLl v!:)u:> wuv It::>IUt: al uuo \IV lLllt: va~ '-'VUllo
1 aln aware of t.~e variance tbey are requesting Tor an addition to their house, wbict win
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White Oak Drive.
1 would like to state my agreement of and complete support for this variance.
.in my opirtion, the encroachment does not block line of sigbt along the streets (White Oak
Drive a.ild Court) aild the a.ddition to their house will increase the value ofiheir property
and mine.
l therefore request that the City grant the request tor a variance.
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I alii a "IVIO"VVI VI LVUI;:) allu UlVllY n.1I11 VOU:) vv IIV I C:)'UC at uuo n IlItC va.... '"'VUlt.
I am aware of the variance they are requesting for an addition to their house, w.hich will
encroach 1. 75 teet into the twenty-five toot setback on the south side oftheir house facing
White Oak Drive.
i '"'would like to state m:f a~leem~nt of and complete support for this v"ariance.
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Drive an.d Court) and the addition to their house will i.i1crease the vaiue oftheii pioperty
and mine.
i therefore request that the Cit~f grant the request ror a "'v"ariance.
Thank: you in advance tor your assistance.
To whom it may Concern,
Mynamej5~ 'W)~Yha(tIJJ
I reSlOe at ~~_'j..... ,4..>hIte ......~q.k_.S-:t:l,
in the City Of Winter Springs, Florida.
1 4iu a neighbor of Louis 4iid Detty Ann Ogus who reside at 668 White Oak Court.
1 am aware of the V4i-14iiCe they are requesting tor 4ii addition to their house, which will
encroach 1.75 teet into the r-w-enty-1ive toot setback on the south side of their house tacing
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n !lilC Vi1.t\. Ul1 YC.
1 would like to state my agreement of and complete support tor tJ.tis variance.
In my opirtion, the encroachment does not block line of sight along the streets (Wt-tite Oak
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Thank you in advance tor your assist4iice.
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To whom it may Concern,
.Mynameis "Ju floe
Sp.eAY
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v..nite uaK Ufi\le in tne City'" Vi VVinter 0pnngs, tionaa.
reSiGe at
I am a neigiibor at Louis anO lietlj Ann ugus who reSiUe at 668 White Oak Court.
1 am aware of the variance they are requesting for an addition to their house, which wiii
encroach 1. 75 feet into the twenty-tive foot setback on the south side oftheir house facing
vv nite uaK Uri\le.
1 would like to state rny ag-reement of and complete support for this variance.
In my opirtion, the encroachment does not block line of sight along the streets (Wt-tite Oak
Drive at"ld Court) and the addition to their house will increase the value oftheir property
ana mine.
I thereiore request that the City grant the request for a variance.
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To whom it may Concern,
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VV HILC VCU\. LlJl VC H1 lHC '-'UJ Vi VV HllC1 "l-'llH.!:)::', r lUllUCl.
1 am a neighbor of Louis and Betty Ailli Ogus who reside at 668 \Vhite Oak Court.
I am av..are ofthe variance they are requesting tor an addition to their house, which win
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CUvlvavH L IJ il,:;l,:;lllllV lHC lWI,:;HlY-ilVC I.VVl ;)l,:;lUav!\. VH U11,:; ::'VUlH MUI,:; VI. lHCH HVU;:'C H1.vlll0
Whiie Oak Drive.
i w.ould like to state n1)r a~leement of and conlplete support tor ttIis -variance.
in my oplIiion, the encroadlInern does not block line of sight along the streets (White Oak
Drive and Coun) aiid the addition to their house will increase the value oftheir property
and mine.
,- ...... ....... ... .. ..
i theretore request that the City grant the request tor a vanance.
.. ..... F._ .
ihaiik you ill advance tor your assIstance.
c3f!U, a.f11aJ;;
To whom it lrr_L,U:e~
My name is ~ -"'\"'I 0..."
i reside at \"'0 ~ ~
~
White Oak Drive in the City (.,.... mter Springs, Florida.
. . . , . .
am a neighboi of LOUiS and tietty. Ann O~uS who reside at 66iS \lv'hite Uak Court.
i am aware of the variance they are requesting tor an addition to their house, which will
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~llvl Vc1vll .I. I J .I~~l, lIUV l,ll~ I,W~llI,Y-J..I V~ .IVVI, ;:)~U.JC1Vl\. Vll Ul~ ;:)VUUl ;:)IU~ V.I l,ll~ll llVU;:)~ .Ic1vlll.!:;
White Oak Drive.
i Vv"ouid hke to state my' a~'Teemei1t of and compiete support tor thiS "variance.
in my opinion, the encroachment does not block line of sight along the streets (White Oak
,,- . .. - ~ . . . -.. .. ..... . .. . - "" . ...... . . .
vnve <Uta counj <Uta tile aaamon to tilerr house wiii increase tile vaiue O! tileir propeny
and mine.
theretore request that the Crty grant the request tor a vanance.
" ...... -
iltm'IK you in aava- ~~ tor your aSSIstance.
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"HA,P Oft SURVEY 'pt?9€ .3 tJ~.3
L tI(///5 f BET?--Y"A/v/i/ OGt/S
LOr.5~ T//J'C'AW/LLA V#/T 9
DESCRIPf/ON
RECORDED IN PLAT BOOK t!.;t
PAGE(S) ??,E'?.! OF THE PUBLIC RECORDS OF
,fEC.
J'EM/IVOLE COUNTY, FLORIDA
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723..EXECt/7/VE.L:>JII?/{/E
WINTER PARK, FLORIDA 32789
(-to7) 647-7346
THIS ~URVEY tltffTS .1Hf. ~IHIMU!l iECtiNICAl..
ST AtJDA~~S S~ FG1.rn8Y lM~ fLOtlta#rtDAID OF
!.AND SURV~~, PUKSUAm 10 SECTUW 47Uit/
aDl~ft S'TATUTts, ,C#;,',PTER (;/ G/7-6
CERTIF~ .ey.~'
G.~. C'i'I,IlTJS~
.~ ,j-~--
ff--SUR.\Jf:Y 1'1.- JI.:,-~" REG..LANDSURVEYORNO. Zlf35
A'E -J't//('t/EY,' <:3 -28~t:1/ . L.~CENS(:.L)_8t(..J'/&~~s:.. N(7. 2C'(;;#-
DATE OF:
BOUNDARY,5 - /5 -8/
FOUND" (j;, -/7-8/
FI NAL.. //-.,p- is/
A'EJ'TAKL /1-.1'-"1
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HENRICH, TROTTER,
CARTER, ;&A YERS, INC.
LAf4D SURVEYORS