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HomeMy WebLinkAbout2002 08 26 Regular A NEW Screen Porch Encroachment COMMISSION AGENDA ITEM A CONSENT INFORMATIONAL PUBLIC HEARING REGULAR X 08/26/02 Meeting MGR.;L- IOEPT ~ Authorization REQUEST: The Community Development Department recommends denial of a request for an after-the-fact variance by Richard Grimes from sections 6-2, 6-3, 6-4, and 20-103 of the City Code of Ordinances, to allow his porch to encroach 10 feet into the 20 foot rear building setback at the rear of the house. PURPOSE: The purpose of this agenda item is to consider a request by Richard Grimes for a variance from the requirements of sections 6-2, 6-3, 6-4 and 20-103 of the City Code of Ordinances to allow an existing screen porch to encroach 10 feet into the 20- foot rear building setback at 1622 Fox Glen Court, Lot 118 of Fox Glen at Chelsea Parc, Tuscawilla, (depicted in Plat Book 49, Pages 78-82 of the Public Records of Seminole County, Florida). The applicable 20 foot rear building setback is set forth on the final subdivision plat, cited above. APPLICABLE CODE: Sec. 6-2. Compliance with Chapter. Sec. 6-3. Use of building erected or altered in violation of this chapter. Sec. 6-4. Violations. Sec. 20-82. Duties and powers; general. Sec. 20-83. Procedures. Sec. 20-103. Restrictions upon lands, buildings and structures. CHRONOLOGY: June 4, 1999 - Mr. Grimes obtained a permit to pour concrete patio slab behind his house (slabs are allowed within building setbacks, but porches must be built consistent with the setbacks). August 26, 2002 Regular Item A Page 2 March 27, 2000 - Mr. Grimes signed a contract with Affordable Screen & Patio to construct porch by April 30, 2000. February 1,2002 - City Building Permit Specialist Max Epstein rejected after-the-fact building permit application as inconsistent with the 20' rear building setback depicted on the final subdivision plat. March 19,2002 - City Code Enforcement Board heard Case No. CEB-01-1298, finding both Richard Grimes and Affordable Screen & Patio in violation of Section 6-46 (no building permit for screen room) of the City Code of Ordinances. The Code Enforcement Board allowed Mr. Grimes and the contractor 90 days to come into compliance. If a variance were not obtained within 90 days, the case is to come back to the board for re-hearing. May 28,2002 - Variance application and fee received by City. July 4, 2002 - No BOA meeting, due to holiday. July 18, 2002 - No meeting, due to lack of quorum. August 1, 2002 - Board of Adjustment (3 members present) heard the request but could not agree on recommendation. The board did vote 3-0 to recommend that the City Commission impose a fine upon the contractor and bar the company from obtaining permits or working within the City for an appropriate time period. FINDINGS: \. 1) Lot No. 118 of Fox Glen at Chelsea Parc (in Tuscawilla) is zoned Pun and has a Higher Density Residential Future Land Use designation. 2) The required rear yard building setback is 20 feet in Fox Glen at Chelsea Parc at Tuscawilla, as set forth on Plat Book 51, Page 1. 3) The lot backs up to a wall easement (with wall) that abuts the south side of the Winter Springs Boulevard right-of-way. 4) The applicant obtained and presumably posted a permit (and received at least one inspection) to pour the slab himself, but did not require the contractor to demonstrate that he had obtained or posted a permit. Although the applicant had received at least one inspection when he poured the slab, he did not question the lack of any apparent inspections for the porch. 5) On February 1,2002, the after-the-fact building permit application was rejected by Building Permit Specialist Max Epstein for being inconsistent with the applicable 20' rear yard building setback. 6) On March 19,2002, the Code Enforcement Board heard Case No. CEB-Ol- 1298 and found Mr. Grimes and Affordable Screen & Patio in violation of building a screen room without a permit. The board allowed Mr. Grimes 90 days to obtain a variance. Mr. Grimes applied for the variance within 90 days. 7) On May 28, 2002, the variance application and fee to encroach 10 feet into the 20-foot rear building setback was received by the City. August 26, 2002 Regular Item A Page 3 8) A variance requires compliance with all six (6) criteria outlined in Code Section 20-82 (staff does not believe that the request meets any of the 6 criteria): a. that special conditions and circumstances exist which are peculiar to the land, structures or buildings involved and which are not applicable to other lands, structures or buildings in the same zoning district; b. that special conditions and circumstances do not result from the actions of the applicant; c. 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; d. 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 theterms of this chapter and would work unnecessary hardship on the applicant; e. that the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure; and f. 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. 9) The Board of Adjustment, at its August 1, 2002, meeting, had three (3) members present and could not reach the required unanimous decision regarding a recommendation to approve or deny the variance request. 10) The Board of Adjustment did, however, vote 3-0 to recommend that City Commission impose an appropriate fine on Affordable Screen & Patio a,nd bar them from obtaining permits within the City for an equally appropriate time period. BOARD OF ADJUSTMENT: At its regularly scheduled meeting of August 1,2002, the City of Winter Springs Board of Adjustment heard Mr. Grimes' request for a variance but could not agree on a recommendation of approval or denial. The board recommends that the City Commission determine and impose upon the contractor, Affordable Screen & Patio, both a fine and a time period during which that company will be barred from obtaining permits or doing work within the City. RECOMMENDA TION: Staff did not find the request to be consistent with any (with the possible exception of condition No.2) of six criteria necessary for granting a variance and recommends denial of the request. The BOA recommendation regarding the contractor appears fitting, although Mr. Grimes should not be absolved of the responsibility of ensuring that proper procedures were followed. August 26, 2002 Regular Item A Page 4 ATTACHMENTS: A - Plot plan B - Photocopy from final subdivision plat C - Variance application D - Board of Adjustment Draft Minutes E - Letter to property owners F - Applicants' support docwnentation COMMISSION ACTION: MERCEDES HOMES, INC. LOT 118 FOX GLEN A T CHELSEA PARCo TUSCAW I LLA ~ PAGE( S) 78-82 PUBLIC RECOnos OF SEM I NOLE COUNTY.FLOnIDA PLAT OF SURVEY for: -, OESCf! I PT/ ON: ~ REconDED IN PLAT BOOK /) , ~~ . . Cl-tGVI~ ....fOKMA =lfIESENTED ON THIS APPU '-RUE AND C CT. JATE: dJ- 0 ;}- ,IGNEO' ~---~ "-'-~-b - -<<To fJ, dJo C.J. /\J (J'./")1 cO 9t'~/l -L-T~: 1 dO / :; 3' UTILITY EASEMENT (ENDS AT BUILDING LINE) -~-- 'Es: JEAn I NGS lonE BASED ON TlfE CENTER/_INE lF FOX GLEN CounT BE I NG N75' 10' 40' If.. 'EUICULAR ACCESS RIGUTS TO II?I=' nt:n II" Tr-n T_ --C'L 0) ATTACHMENT A 31 r< ;-0' sr~~ 1 .~ ~ ~ WINTER SPRINGS BUOLEVARD (120' R/H) ~,"' SCI-LE 5' HALL & LANDSCAPE EASEIlfNT 2.2' 575' 10' 401 E 46. 00' 118 --3.0' I.t l' . ...... :.. "'. 13.3' -' ~ .. .. OJ oi.. .. :....0 oj .. . ..... 12.0' - ru ..... o ~ CD ... o C> co C> ..... ONE SrOny BLOCK IlES/DENCE ADOIlESS: '1522 w i 19 o ... CD - ru ..... ... 0> -..:;r- o ... -<OJ ~-..:;r- .... .. -<-..:;r- ?..... :!::z:: .. -..:;r- ..... :z:: 0.3' 16. J' 0_ 1'--- ICOVERED ENlRV " LflETE~~ no 10' UrllI TY' EASEHElH 19, .c' . . ", 16':" ~:. ':; ':' ~O~Cn~TE" :, J ' ~ . . DnlVE ' --3.0' 3' UrlL/TY EASEMENT (ENOS AT BUILDING lINE) I' CONCflETE CIJIlB .N75'10'4SIW 46.00' , TRACT 'A' 0 . n/ FOX GLEN COURT (24' R/WJ- fOUlIO DISK LS 4007r2~-:3~ '..........FOX GLEN DRIVE ~ 0.3' FL 000 CEn TI FI CIl TI ON: ' BASED ON TIlE FEDERAL ENERGENCY HANAGEHENT AGENCY FLOOD INSUnANCF: nAY':; &I. DC .,."h.....~.._.._ "'CEnTIFIEO'TO: FIDELITY NATIONAL TITLE ,alt"'...,...__ __. ~i-:<:r-if,' ~~~t.. .:~\t""""" : ~~t~ . r'.~~..Jl~ .' .~:.~~~:?~:;~\$.~~~.~. ,: ,.. ATTACHMENT C .BOARD OF ADJUSTHENT APPLICATION CITY OF WINTER SPRINGS 1126 EAST S~ATE ROAD 434 WINTER' SPRINGS, FL .32708-2799 (407)327-1800 FOR: x '><- 1. .~ 3. ATTACH A COPY OF THE PARCEL SURVEY. 4. ATTACH AN 11 x 17 HAP SHOWING THE SUBJECT PROPERTY AND SURROUNDING PARCELS. ~ S. ATTACH LEGAL' DESCRIPTION. 6. TAX PARCEL IDENTIFICATION NUHBE~: . . 7. LOCATION 'OF PARCEL +street~ Addres's . and/or :Nearest streets):. 1'bt...1....i='7>xG\e.J ( \t1hA> u st\\~~ ~1...3;l')oi> Cross 8. PRESENT ZONING: FUTURE LAND USE: By Signing below'I understand that City of Winter Springs Officials may enter upon my property to inspect that portion. as relates to this applica~ion; (If the applic~nt is not the owner of the subject property, applicant must attach a letter of authorization signed by owner) .' c ~~ ~t' '6 ~,. GR. \ IAe.) ~}g;:~~ the the . , ",'1" . :f.- ." ':' .~':';;: ',' ..' . -.' ....., '. . PERSONS ARE ADVISED THAT, IF THEY DECIDE TO APPEAL ANY.: DECISIONS HADE 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 THt PROCEEDINGS IS M~DE, 'AT'THEIR 'COST, WHICH/. INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE ..1:-" . . J . BASED, PER SECTION 286.0105, FLORIDA STATUTES . ATTACHMENT D CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING AUGUST 1, 2002 I. CALL TO ORDER Board Member Thomas Waters called the-Regular Meeting to order Thursday, August I, 2002, at 7:00 p.m. in the East Conference Room of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Board Member John Herbert, present Board Member Jack Taylor, present Board Member Thomas Waters, present The Pledge of Allegiance followed. .:. .:. AGENDA NOTE: THE FOLLOWING AGENDA ITEMS ARE DOCUMENTED IN THE ORDER DISCUSSED. .:. .:. III. REGULAR AGENDA REGULAR A. Election of Officers. The Members of the Board, by consensus decided to forgo the Election of Officers until the next Regular Meeting. REGULAR B. Variance Request For Rear Yard Building Setback - Richard Grimes 1622 Fox Glen Court/Lot 118 Fox Glen At Chelsea Parc (Tuscawilla) Section 6-2. (Compliance With Chapter) Section 6-3. (Use Of Building Erected Or Altered In Violation Of Chapter) Mr. John Baker, AICP, Current Planning Coordinator, Community Development Department introduced the Agenda Item. Mr. Baker explained that Staff felt that the request did not meet all of the criteria with the possibi[ity of number two (2) and recommended the request be denied. It was suggested by Mr. Baker that if the Board "Did find in favor of Mr. Grimes for the granting of the Variance that you would go through each one of the Variance criteria, those six (6) criteria that are in your Code book and in your packet, and show how you feel that it does meet that." w = :..---: ~'-- .......,.... ,- J"'-C:t .""'-\..\....:::} ~'..>:. :::-1 (:,'": :. '..' ~'.::::. .~ ~ a.:.x. ::. ~ CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - AUGUST I, 2002 PAGE 2 OF 6 Mr. Richard Grimes, 1622 Fox Glen Court, Winter Springs, Florida: distributed photographs and a packet of material. Mr. Grimes spoke of where the Affordable Screen's contract price included the permit and assumed that the permit was obtained; felt the City should take some action against Affordable Screens for violating the perm~t requirements; reviewed the definitions of a enclosed pool and screen enclosure from the Winter Springs Code of Ordinances (Sec. 6-211.); and the history of the home, slab and enclosure. Additionally, Mr. Grimes addressed each of the six (6) criteria and explained how his request met each of the criteria and presented a petition from the surrounding neighbors in support of the screen enclosure remaining as is. Discussion. Note: During the above discussion there was no in-depth review by Staff 0/ the six (6) criteria required/or the Variance. Tape II Side B MOTION BY BOARD MEMBER TAYLOR. "I WOULD LIKE TO MAKE A MOTION TO MAKE A RECOMMENDATION TO THE CITY COMMISSION TO GRANT THIS MINIMAL VARIANCE DUE TO SPECIAL EXTENUATING CIRCUMSTANCES AS NOTED BY MR. GRIMES AND WHICH IS NOTED IN THE TRANSCRIPTION OF THIS MEETING. AND IN ADDITION, I BELIEVED IT WOULD BE A HARDSHIP FOR HIM TO REMOVE THIS - ALSO I BELIEVE WE NEED TO - PASS TO THE CITY COMMISSION THAT THEY NEED TO REVIEW THE MINUTES OF THIS MEETING AND FURTHER INVESTIGATE THE PERMIT VIOLATION THAT HAS OCCURRED." SECONDED BY BOARD MEMBER HERBERT. DISCUSSION. Board Member Jack Taylor further said, "I just would like to say that you presented a good case and I did go out and look at this area and I do not see it causing an undo hardship to anybody. I understand there are people in the neighborhood that have pool enclosures and have pools that back up to this area. This is a very small enclosure and I believe that it is extenuating circumstances that makes my recommendation." Board Member John Herbert said, "I don't want to add to that - it sounds fine, just the way you said that." Board Member Waters suggested that a recommendation be made to the City Commission to fine the contraCtor. ~ = ~ ..,,- f.::~ ~:: .,......'" ~1..:::~ I........ -Il i:........-.<J ~:::.::~ ~:"..=:: .....-.,: L.,........._t' t:::::=: CITY OF WINTER SPRINGS MINUTES 1l0..\IW OF AD./USTMENT . REGULAR MEETING - AUGUST 1,2002 PAGE30F6 VOTE: BOARD MEMBER HERBERT: AYE BOARD MEMBER TAYLOR: AYE BOARD MEMBER WATERS: NAY MOTION DID NOT CARRY. Board Member Waters suggested that he would like to see Affordable Screens and Patio "Get fined at least twice what Mr. Grimes has spent. I would like to see, I am not sure that that could be done, I hate for him to have to spend $500.00 for someone else's mistake but that is what you had to do. I am a believer in that when someone does something wrong the cost involved should out-weigh the ho\v they benefited from this. I would like to entertain a Motion that we would pass on to the City Commission that they look into the process where they could fine the company at least twice what Mr. Grimes has spent and look at not allowing them do business in the City for a reasonable amount of time." , MOTION BY BOARD MEMBER TAYLOR. "I WOULD LIKE TO MAKE THAT A MOTION." Discussion. BOARD MEMBER TAYLOR RESTATED THE MOTION. "I WOULD LIKE TO MAKE A MOTION THAT THE CITY OF WINTER SPRINGS' COMMISSION NEEDS TO INVESTIGATE FURTHER THIS PERMIT VIOLATION AND THAT WITH THE SUBJECT OF THE - COMPANY NAMED, AFFORDABLE SCREEN AND PATIO, SHOULD BE FINED $5,000.00 FOR THE HARDSHIP THEY HAVE CAUSED. I WOULD LIKE TO AMEND THAT, ALSO TO ADD THAT - NOT TO ALLOW THEM NOT TO DO BUSINESS IN THE CITY FOR A PERIOD OF TIME AS STIPULATED BY THE COMMISSION." SECONDED BY BOARD MEMBER HERBERT. DISCUSSION. VOTE: BOARD MEMBER WATERS: AYE BOARD MEMBER TAYLOR: AYE BOARD MEMBER HERBERT: AYE MOTION CARRIED. Board Member Taylor advised Mr. Grimes to attend the City Commission Meeting to present his case before them. ~ ~:;zM ~";t ~"--- ,,_...,.-~ 5"...,..., '" ~......_<J c..~':t ~"... --~ ~ ~ J CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - AUGUST 1,2002 PAGE40F6 nEGULAH C. Variance Request For Rear Yard Building Setback - James & Eileen Cornell 607 Viana Court Section 6-2. (Compliance With Chapter) Section 20-163. (Conditional Uses) This Agenda Item was introduced by Mr. Baker and pointed out "We do have five (5) Findings Of Fact and if you do choose to recommend approval please show that indeed - you feel that it does meet all six (6) of the Variance criteria - so we do recommend denial again, we want to give them the opportunity to make their case and hopefully for them they can show that they meet the six (6) criteria but indeed we don't see that they do." Ms. Eileen Cornell, 607 Viana Court, Winter Spring, Florida: distributed photographs and letters of support from surrounding neighbors. Ms. Cornell asked for the Board's consideration concerning their request; described the dimensions of her lot and patio; stated that if they had put a pool in the enclosure they wouldn't. need a Variance; and referred to the City's Code of Ordinances regarding setbacks. Commissioner Michael S. Blake arrived at 8:06 p.m. Ms. Cornell addressed each of the criteria and explained how they met every criteria and that she should be granted the Variance. Discussion. Note: During the above discussion there was no in-depth review by Staff of the six (6) criteria requiredfor the Variance. MOTION BY BOARD MEMBER HERBERT. "I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE OF THE VARIANCE FROM OUR POINT OF VIEW." BOARD MEMBER TAYLOR SAID, "I WOULD ADD TO THAT I BELIEVE THAT IN FACT THAT YOU DO MEET THE SIX (6) CRITERIA IN YOUR INTERPRETATIONS." BOARD MEMBER WATERS SAID, "WE NEED TO ADDRESS EACH ONE SPECIFICALLY." BOARD MEMBER TAYLOR SAID, "BASED ON THE MINUTES OF THIS MEETING AS HEARD I BELIEVE THAT YOU MEET 1., 2., 3., 4., 5., AND 6., AS THEY STATE." SECONDED. DISCUSSION. Board Member Waters spoke for the record that the applicant did not meet all of the criteria and "These criteria are very difficult and may be an understatement to meet from my perspective." ... II- I ~ ~:.-~ ~ ftso<"":t':J ~ c-:=> ---:: L......,j I. I CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - AUGUST 1.2002 PAGE 5 OF 6 Board Member Taylor commented, "I would also like to note there is some subjectivity to these six (6) criteria." VOTE: BOARD MEMBER TAYLOR: AYE BOARD MEMBER WATERS: NAY BOARD MEMBER HERBERT: AYE MOTION DID NOT CARRY. Board Member Waters suggested to the applicants that when the Item comes before the City Commission it would be in their best interest to be present. Ms. Cornell asked when that would be and Mr. Baker replied, "I will notify you." .:. .:. AGENDA NOTE: THE CONSENT AGENDA W AS DISCUSSED AS DOCUMENTED. .:. .:. II. CONSENT CONSENT A. Approval Of The May 2, 2002 Regular Meeting Minutes. Board Member Waters asked for a Motion to approve the Minutes. "I MAKE A MOTION THAT WE APPROVE THE MINUTES OF THE MAY 2ND MEETING." MOTION BY BOARD MEMBER TAYLOR. SECONDED BY BOARD MEMBER HERBERT. DISCUSSION. WITH CONSENSUS OF THE BOARD, THE MOTION WAS APPROVED. MOTION CARRIED. IV. FUTURE AGENDA ITEMS This Agenda Item was not discussed. V. REPORTS Board Member Taylor inquired whether the City is reviewing the Code of Ordinances regarding pool enclosures versus screen enclosures. Mr. Baker responded that the City Attorney was rewriting the Zoning Code. Brief discussion. ~ ~ ;J:.~ ~-.".~ ~.~~::S ~~:~J"" f/!!.,....,J e:> -...:-""'... -..:..............41 ~ a. 3 CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - AUGUST I, 2002 PAGE 6 OF 6 Board Member Waters informed everyone that he would be unable to attend the September Meeting due to impending surgery. Tape 2/Side ^ VI. ADJOURNMENT MOTION BY BOARD MEMBER TAYLOR. "I'D LIKE TO MOTION THAT WE ADJOURN." SECONDED BY BOARD MEMBER HERBERT. DISCUSSION. WITH CONSENSUS OF THE BOARD, THE MOTION WAS APPROVED. MOTION CARRIED. Board Member Waters adjourned the Meeting at 8:28 p.m. RESPECTFULLY SUBMITTED: DEBBIE GILLESPIE DEPUTY CITY CLERK APPROVED: ~ad~ THOMAS WATERS, BOARD MEMBER BOARD OF ADJUSTMENT S:\dept - City Clerk\l30ARDS\AD.lUSTME\aIlI\MINUTES\080 102 REGULAR.doe NOTE: These Minutes were approved althe ,2002 l30ard Of Adjustment Meeting. ~ :Jl- ~ Etu ~ c:::.':) ~ L~ I.. I ATTACHMENT E CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone (407) 327-1800 Fax (407) 327-0018 Community Development July 23, 2002 RE: Variance Request From Rear Yard Building Setbacks at 1622 Fox Glen Ct. Dear Property Owner: At its regularly scheduled meeting of Thursday, August 1,2002, the City of Winter Springs Board of Adjustment will hear a variance request from Richard Grimes to allow construction of an existing enclosed porch to remain in the 20-foot rear building setback set forth (in Plat Book 49, Pages 78 - 82) for the property located at 1622 Fox Glen Court, within Fox Glen at Chelsea Parc at Tuscawilla. The - Board of Adjustment meeting are held at the Winter Springs City Hall (1126 E. SR 434) and begins at .7:00 P. M. If you have any questions or comments, please call me at (407) 327 - 5966 or FAX comments to m~ at (407) 327 - 6695. Sincerely, ~ C ~C---. -7J~ C. Baker, AICP Current Planning Coordinator ATTACHMENT F 1622 Fox Glen Court Winter Springs, FL 32708 Lot #118 Fox Glen at Chelsa Parc, Tuskawila Richard A. Grimes May 28, 2002 Board of Adjustments Dear Sir or Madam: I have attached a copy of an application for variance. In March of 2000 I hired Affordable Screen and Patio to install a Screen Room on the back of my home. The purchase agreement (enclosed) form Affordable Screen and Patio states the price includes Tax and Permit. It is my understanding that the screen room in question does not meet minimum setback because it does not have a pool. I have asked 21 of my immediate neighbors (attached) if they felt that the screen room in question has damaged financially or otherwise their property. The all stated no! I have listed several Special Conditions and rights enjoyed by others within the neighborhood (see attached). It is my belief that the Screen Room has added Value and is in Harmony with the general intent of the conununity and City of Winter Springs. I respectfully ask that the Board of Adjustments grant's a variance for the screen room at 1622 Fox Glen Ct. Winter Springs FL 32708. Additionally, I request the City to find Affordable Screen and Patio in breech of contract, require Affordable Screen and Patio to reimburse me the cost of this variance application and begin the process to remove their building license, fine or otherwise limit Affordable Screen and Patio from doing business in the City of Winter Springs as you see fit. · Enclosed Screen Room Photo · Legal Description, Parcel Survey and Surrounding Parcels . Petition from Neighbors · Purchase Agreement from Affordable Screen and Patio i31L ~ : , Richard A. Grimes 407-359-3772 ....... .... .... .... ..... .... Background · The Property, Home and Structure seeking a variance from the City of Winter Springs is located at 1622 Fox Glen Ct. Winter Springs, F132708. It is listed as Parcel # 118 in the Fox Glen at Chelsea Parc Subdivision. The House is one often homes that back up to a Brick Fence, which ranges in height from 5 to 7 feet. (See attached map and Photos Items Marked # 1 and 2). Our rear property line extends two feet on the other side of the Brick Fence. On the other side of the Brick Fence is a two lane divided road and on the other side of the divided road is a wilderness area. The house was completed in 1995 and was the first home built in the subdivision. Since we've taken occupancy (May1997) nearly 120 homes have been built, and all phases of the s4bdivision is completely full. Our home is unique in that there is not another home in the subdivision that was built by Mercedes Home Builders Inc. Our house is designed with a gable-roof line. All other house in the neighborhood has a hip-roof design. Additionally, our home is longer than any other house in the subdivision; it measures 64 feet in length and 40 feet wide. The next longest house in the neighborhood is less than 58 feet in length. No home is wider then 40 feet in width. · In June of 1999 I pulled a permit to pour a concrete patio. The Dimension is 12 feet x 22 feet and is attached to the rear of the house. The concrete patio is 10 feet from the rear property line. The patio's construction was completed and inspected in November of 1999 (see permit item # 3). In March of2000 I hired the builder/contractor Affordable Screen and Patio to install a screened enclosure designed like a typical pool enclosure seen throughout our community (see contract item #4). The Screen room is white in color and made from Aluminum. · The Builder/Contractor, (Affordable Screen and Patio) is a licensed builder and has performed similar work within the city of Winter Springs. His written purchase agreement stated that the price would include tax and permit (see contract Item #4). The job was completed in April 2000. · In late December of200l, I received notice from the City of Winter Springs that there was never a permit pulled on the construction of the screen room I had installed, and that I would have to rectify the problem with the city. · In early January of 2002 I spoke with Jimette Cook an employee at the City of Winter Springs regarding this matter and with Dave the Contractor at Affordable Screen and Patio whom I hired to install the screen enclosure regarding the fact that he did not pull a permit. Dave asked me to "pull the permit" as he was concerned the city may fine him/his company. I refused '10 pull the permit" because I did not perfonn the work and Jimette advised me not to do so as it would very well come back to bite me later. · On March 19,2002 I meet with the Code Enforcement Board. During that meeting it was brought to the attention to those attending the hearing that the Builder/Contractor was in contempt of his contractual obligations. Affordable Screen and Patio's contract clearly stated that the price included tax and the permit. Continued .. 1 .' Background Continued · During that meeting-on March 19,2002 it was brought to my attention that the current zoning of the property would allow my screen enclosure to meet compliance had there been a Pool or Spa within the enclosure. Several of the board members suggested that Affordable Screen and Patio provide me with a pool. · On or about March 22,2002 I contacted Dennis Franklin at the City of Winter Springs and filed a formal complaint against Affordable Screen and Patio with the State of Florida, Department of Professional Regulations. To date I have still not heard back from either. · As of July 29, 2002 Affordable Screen and Patio is still in Business apd continues to perform business within the city ofWmter Springs. To date, with the information provided to me by the city of Winter Springs I believe there are 3 other known homeowners in Winter Springs that Affordable Screen and Patio has performed work on and he did not pull a permit. If there are to be any "Special Privileges" to be found tonight it will not be with me the applicant for this variance. Attachments 1) Map taken from Tax Records 2) Photos of Screen Room 3) Concrete Patio Permit 4) Affordable Screen and Patio Contract 5) Definition of a Screen Enclosure 6) Signed Petition from Neighbors .' 2 Grounds to Seek Minimal Variance · The Screen Enclosure that I respectfully request the City of Winter Springs, Board Of Adjustments to grant a variance is built entirely of screen mesh on the walls and roof There is some structural framework required this framework is made from white aluminum, the structure also has a screen door and gutter. · The Screen Enclosure is attached to the back of my house. It is 22 feet wide and 12 feet deep. It is 12 feet tall at the highest point and has a domed/curved roofline. · The Screen Enclosure is 10 feet 1 inch from the rear property line. The back of the house is 22 feet 1 inch from the rear property line. · After researching the City of Winter Springs Building Code, the State of Florida Building Code and the City of Winter Springs Zoning Regulations and Spreadsheet(s) the following statements and set back requirements are true and currently in place. · A pool may be within 10 feet of the rear property line (25 feet if there is a lake). · A Screen Enclosure may be within 7 feet of the rear property. · The Definition of Screen Enclosure: (see attachment # 5) "is an enclosure surrounding a pool; the walls and roof of the enclosure consisting entirely of screen mesh, except for minimum essential structural framework required for its support". (Code 1974, 5-141) · There are no set back requirements for a screen enclosure the meets the above definition without a pool. · Because there are no set back requirements for a "screen enclosure" without a pool, the city adopted the zoning code requirements that are in place for fixed structures including but not limited to Florida Rooms, Screen Rooms, Screened Patios, Glass and Vinyl Enclosures and all of which have roofs constructed of hard materials and are subject to the building requirements of the State of Florida Building Code. To bear the weight and effects to these structures by high winds the structural framework is different from that of a screen enclosure including some or all of the following but not limited to; aluminum, viny~ glass and wood roofing materials, glass windows and doors, hurricane storm shutters, hurricane tie downs, concrete anchors, shingles, felt roofing materials, tar, insulation, plywood, wood stud material including 2 x 4,2 x 6 and 2 x 8", awnings, nails, washers and rain gutters. The requirements for set back for structures made from this material is 20 feet from my rear property line. It is my belief that the zoning codes that are in place were created to allow the citizens of Winter Springs to enjoy and make the best use of their property, while protecting the value of other citizens property and making sure safeguards are in place for everyone's well being. This is sunnised by the simple fact that the zoning codes are different for a screen enclosure made from certain materials. These certain materials allow for the greatest number of citizens to make use of their back yards in a safe manor. However all pool enclosures would not be pennitted even if 3 they met the set back requirements, this is because the City Zoning and Building Code only allows for certain materials to be used to achieve maximum set back. I.e. If a pool was 10 feet From the rear property line and met zoning requirements and the home-owner requested a permit to have a Florida Room with a fixed roof built surrounding the pool the application for permit would be denied. This decision to deny the permit would not be based upon dislike of the homeowner or simply the pool location as it was properly permitted to begin with, the denial would be based upon the materials used to build the enclosure, as they did not meet set back requirements. Conversely, if the city has approved the materials of a screen enclosure made mostly of screen mesh to be a sound structure and thus provide more liberal set back requirements why would they insist upon adding a pool to those zoning regulations? My purpose of erecting a screen enclosure "without a pool attached to our house was three fold: 1) A screen enclosure has an appearance to be more in harmony with the homes in the surrounding neighborhoods and the community. 2) A screen enclosure provides a "safety zone" free from bees (my daughter and wife are allergic to them) and other biting insects to my children while allowing them to enjoy the out doors. 3) As seen all to often on the T. V. News a screen enclosure without a pool is much safer that a screen enclosure with a pool for small children including mine. It is my understanding that I as the Applicant must convince the board of Adjustments that the following Special Conditions exist in my application. o Special Conditions and Circumstances exist to the land or structure. o The special conditions are not the result from me the applicant. o By your recommending the variance you will not provide me with any special privileges. o The literal interpretation of this chapter deprives the applicant of rights commonly enjoyed by others. o The variance granted is the minimum possible. o The grant of the variance will be in "harmony with the intent and purpose of the property. 4 Answers to the Board of Adjustments Questions . To comply with the request of the Board of Adjustments for the City of Winter Springs, I have answered the following questions taken from the Winter Springs Code book page 1320. 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 ofthis chapter, the board of adjustments 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; (Ans.) Our home, the building in which the screen enclosure is attached was built in 1995 by Mercedes Homes nearly 18 months prior to any other single housing unit built in the Fox Glen Subdivision. Mercedes only built one home in the Chelsea Park-Fox Glen Subdivision before pulling out of the development. The interior and exterior design. roof and size of our home make for special conditions. as they are different from any other home in the neighborhood The structure of the house in which the screen room is attached backs up to a brick wall about 6 feet high that overlooks a wilderness area. Additionally, our home is a minimum of 8 feet and as much as 14 feet longer than any other home in our neighborhood creating circumstances that are peculiar to the other surrounding homes. 2. That the Special Conditions and circumstances do not result from the actions of the applicant; (Ans.) The contractor/builder I retained to install the screen enclosure provided a written agreement that the price of the work involved included tax and permit. It is my understanding that by law the contractor performing the work must pull the proper permit(s) which Affordable Screen and Patio did not do. The applicant's request for a variance does not result from the actions of the homeowner. 3. That granting the variance requested would 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; (Ans.) The granting of a variance will not confer any special privilege to the applicant that would be denied to other lands, buildings or structures in the same zoning district because: 1. The special conditions and circumstances of the home's design, the property location adjacent brick wall and exterior design outlined above in answer number (1) are peculiar and unique to the Zoning District. 2. The unmitigated actions created by the licensed builder/contractor approved to operate in the city of Winter Springs has created a unique environment that requires corrective action. that eliminates unnecessary and undo hardship to the applicant and surrounding home owners. This 5 corrective action coupled with or without the Board of Adjustments recommendation to the appropriate agencies to punish the contractor would not provide or promote special privileges by the city of Winter Springs Board of Adjustment. 3. The condition in which the applicant seeks a variance from the city of Winter Springs was not created by the applicant but by a licensed contractor that defrauded the applicant over 2 years ago. 4. That the 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 wo'rk unnecessary hardship on the applicant. (Ans.) Due to the unmitigated circumstances by the builder/contractor (Affordable Screen and Patio) and the special conditions and circumstances that exist of the applicants home andproperty, the Board of Adjustments failure to recommend a variance for a minor deviation from the zoning requirements and only follow and/or allow the literal interpretation of the provisions of this chapter and the zoning codes by the City of Winter Springs would deprive the applicant the rights commonly enjoyed by other properties and would work unnecessary hardship on the applicant including but not limited to a Medically- Recommended, Safe, Bug Free, Environment without the hazards of a pool. 5. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure; (Ans) Due to the special circumstances caused by the builderlcontractor, the applicant seeks the minimum variance needed and possible to make use of the current strncture. Any change in the variance would result in the removal of all or part of the screen room and create undo hardship to the homeowner and adjacent neighbors. 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. (Ans) By issuing the variance the Board of Adjustments provides for the homeowner the opportunity to keep in harmony with other homes within the subdivision and zoning district while allowing for the general intent and purpose of this chapter. In exercising its powers the board of adjustments may grant a variance and recommend appropriate conditions and safeguards including but not limited to the City of Winter Springs Code Enforcement Division to penalize Affordable Screen and Patio. The attached petition (see attachment #6) signed by the neighbors of the applicant has stated that their property has not been damaged financially or otherwise. 6 12c~~rl c;~\~~~~ \bLL 1b~ G\~ C\ ~~N\~ 'S,,\~\ / t:l--- 3~ ~()~ 1. Special Conditions. It is our belief that special circumstances do exist. A proper permit was granted to the homeowner to put in a concrete patio. At the time of inspection the building inspector inquired what our plans would be for the patio due to the extra heavy footers and reinforcement put in place. At that time I explained that we would be putting up a screen room similar to our neighbors. that was The contractor we hired in good faith was the person/company that did not pull the permit. This is not applicable to others that hired a company to put in a screen enclosure that followed proper city protocol. 2. Special Conditions from actions of the applicant. Not from the Homeowner 3. This will not confer any special privileges to our home over others that put in a screen room and received a permit prior to having the screen room installed. 4. Rights commonly enjoyed by others. We have elected to put up a screen enclosure similar to oth~!S in the neighborhood with and without pools and or spas. Our choice to no?"m-danger our children by putting in a deep pool or spa deprive my family from enjoying the outdoors in the safety of a locked screen enclosure. 5. Minimum Variance granted. The screen room is not larger than the approved and permitted concrete patio. 6. The grant or variance is in harmony with the general intent and purpose of the land. Please see Petition. Physical Address: 766 Big Tree Orive Longwood.FL 32750 Lie. tlRX4501785 r 07(. ~ #A50000126 ~,.O- 3'1.0 35'1 - "37'1 'L- e &v · k, 'S;;, \ fr. J:z. '7 D ~, AFFORDABLE SCREEN & PATIO Mailing Address: P.O. Box 520752 Loogwood. FL 32752 (407) 332-8106 (407) 332-0279 (Fax) (800) 442-7441 r') ~~t:..~ ~r'.l"le) ClUJ ~+- HOMEOWNER'S NAME FoX' I'~t... AODRESS CITY Roof Type: of SCRIPTION of WORK: p~ 0 I - Sc.I'Ge/\ (., )( 1-7..' YIL' \1u-' C,\ l L I c;. /I ,,/ t,.S ,,~ Oo.""'(...,^ . iN ~'. k 41 <.1'*'1 , 1]001L ph. f eA IVI 'f c,~ c.1' c..<>~ I f ~ ~fA th .e-J~ -:t:A J t:.. <- .). ~ (J..t.-V1 - S _ f/l G-,,~ - (J/) -" A S/, p.., .)- A.(... +/.l <.. ill h F ,4-c- ~ -=t 1; /q 82- OD ---- y ~ fJ l . <-<... .~ l L.)J... .~ T {.}- J..- ~ {-.. /t' . J 'S 6~ 4 ~ 4t\vpJuJ:.~-1 b1 i- 30- oD Metal co~ Bronz.e -~. Kickplate f.I~ cSt m - Gable ansard Windows: Type: Glass__._ Vinyl Acrylic Horil.onlal___ Vertical Mise: TERMS: ~ c;t. . ;J 00 -- {Jv-.II f j.. 81 cJ)L-~ bl ~ ~q J. ~ 0" '-1"".J- " a 11 ~ O/T CrJy 1Q/...."1 The owner agrees to pu,chlJ:le. end the contractor agr/les to provide the labor. materials. and services descnbed above This sal~ agreement, and those terms and provisions printed upon the reverse side hereof. constitule the complete agreemenl between 1M parties and lhere are no terms. conditions. or other contingendell affecting the duties and liabilities 01 lhe parties not specificany ~el forth herein. NOTICE TO BUYER Do n01 sign this agreement in blank. or before you have read it and the term6 and condibons appearing on the revet6e side hereof on their entirety. l!We h"v~aa;he foregoing, ept \tl; l~"!'S _ ap4 condiliont: ~forth .th ein. thIS .L ..L Day f !!1.. nn (. ~ 200..L2(';' t:V. 1 rl7 ..: REMEsENT"'nvc .- -f.. L ~ r- Wh~e - ()ft'"~ Copy V._ - Sales CovI -----. l ( \'A~ ~:7' .Richard A. Grimes March 18,2002 1~ ~~~I~~ Ct. Winter spririlis. fl. 32708 ~'- f CITY OF WINTER ~PRINGS CODE ENFORCMENT BOARD Dear Sir or Madam: _.,..,. . .... ----- The undersigned a~ Neighbors of Richard and llana Grimes. WIth Respect to our friends and neighbors I have expltUned the current pennit violation aeated by Affordable Screen and Patio. I have asked each of the fonowing homeowners if they felt their property was DAMAGED FINANCIALLY or QTHERWlSE through the ad<fItion of the saeen Enclosure and would like to see it removed. . Their Signatures and comments below represent their acceptance of the current pool I spa enclosure in . Question. .. , By signing this petition I have read the City of Winter Springs Application Instructions and wish it to be know to the City of Winter Springs that the screen Enclosure at 1622 Fox Glen Ct., Winter Springs, FL. 32708 is in hannony with the neighborhood. '\ ~RE ADDRESS, ----T!- AlLOW SCREEN ENCLOSURE TO ~N .. ~/ A~/A'~ /t/$;;y:!k4 tr 8NO ~:;;it,J..-L~t-1?i31Y~Oj)Vt<A' (~ '~O '(, ~' _.~ - - ...c .::. .~. c-; ll~J.b, t~ AA (lc~~ t 1-e. aJLo (/ rfl.)".. 5t~v J{"JI. krt- ~ W.S. ~m~ ~.nne.c AIt~trl~ ---...., ------. '~'c..o/ ~. t.5-:J).l.IJf~jJL.'jy,5.(YEY NO ~ .. ('lAf t ~ C-(w--- C --(. B NO LS?'/ ~1C 1.u1 Onve. \.u,S. :~ NO """--- ~j NO I ~l L/ hr~ G ~ (.- Jl ~NO '"- ,.....1:1 /'#0 ~~ l S:l1 .f~ >( C.,.~ Dr 6> NO €)NO .' ',..--- March 18, 2002 . . Page 2 '/bfL NO J~:L~~ClI"_rrI ~ NO. f4.' 1525 h,Y (l~ Jrr-_~;- f!!i) NO rlQY,q, 6t.rrJ diJNffU ~ 'I .-A.' t' (f, et tJJ()r:;::- ..- C!.-.th~~ r/ Iv! TJ ..J '{. .:!~O </1'1);( t?n ~.~> NO . .~(}J~1AJ~ / 7o~ j1IYX ~ /..,eJ-I ~T GiP ' NO ~" ." . ~ " tsL"6-U ~I ~; ~~.y~ NO ;O~n~KJ ~,%0/1 \~1~1Y re NO ~~ iVlLtrwL ~11 fo'f IMuvIY ~ NO /") IlO'Z-"Z-- ~ty. '---. ~ ~~~"'i< Ft..~.z:;o& S ' NO /...5~ ;::b~c' ~ ):>,~ 3 27 c?.f vv//t/1rc,z ("' ~/J 1 NO Iv:J..iJ ~ ~-. w - QJ NO YES NO . . YES NO YES NO