Loading...
HomeMy WebLinkAbout2005 08 22 Public Hearing Item 405- Waiver Request by Mansour "Max" Sabeti of Metroopolis Homes CITY COMMISSION AGENDA ITEM 405 Consent Informational Public Hearing X Regular August 22, 2005 Meeting MGR. ", " REQUEST: The Community Development Department requests the City Commission consider a waiver request by Mansour "Max" Sabeti, of Metropolis Homes, from Subsection 20-234 (4) to allow him to proceed with plans to construct residential condominium units on 9.1 acres within the C-1 zoning district (site is behind the Bank of America, with frontage on both SR 434 and Moss Road) without providing the requisite 2 garaged automobile parking spaces for each unit. PURPOSE: The purpose of this request is to consider allowing a waiver from Section 20-234 of the code, that requires multiple family housing within the C-1 zoning district provide a minimum of 2 garaged automobile parking spaces per residential unit (Ordinance No. 2004-28. adopted 07/28/04). The applicant has stated that (1) there is a significant difference between town home and residential condominium developments, (2) that the garaged parking spaces requirement is more suited to town home development, and (3) that the market at the proposed location will not support subterranean parking or massive elaborate and separate parking structures, therefore making the requirement illogical, economically impossible, impractical, and patently unreasonable. APPLICABLE LAW AND PUBLIC POLICY: Sec. 20-34. Waivers. Sec. 20-82. Duties and powers; general. Sec. 20-234. Conditional Uses. CONSIDERATIONS: The site has a Commercial Future Land Use designation and is within the C-1 Commercial zoning district. The project is also located within the SR 434 Redevelopment Overlay Zoning District. On April 12, 2004, the site received a conditional use to allow multi-family residential development of as many as 84 residential units on this 9.1 acre site (9.2 d.u.lacre). On July 28,2004, the City Commission adopted Ordinance No. 2004-28, which Public Hearing Item 405 August 22, 2005 Page 2 of 4 requires all multi-family development within the C-I zoning district to provide at least 2 garaged parking spaces per residential unit. Preliminary engineering plans were submitted to the City on April 15, 2005. The applicant was advised of the Code requirement, submitted the waiver request on May 24, and was heard at the July 21 Board of Adjustment meeting. The existing multi-family developments in the immediate area do not provide the minimum 2 garaged parking spaces per residential unit. New multi-family developments (others are town homes) are now providing 2 car garages. This includes the Harbor Winds town homes at the west end of the City, on 15 acres just east of Golf Terrace Apartments. FINDINGS: 1. The 9.1 acre site is located within the C-I zoning district and has a conditional use for as many as 84 residential units. 2. The waiver request must conform with all six waiver criteria set forth in Section 20-34 of the City's Code of Ordinances. The six waiver criteria are as follows: (1) The proposed development plan is in substantial compliance with this chapter and in compliance with the comprehensive plan. The site plan is still within staff review but appears compliant with the comprehensive plan and with most Code provisions. (2) The proposed development plan will significantly enhance the real property. The BOA and staff believe the proposed residential condominium development would significantly enhance the real property. (3) The proposed development plan serves the public health, safety, and welfare. The site plan is still within staff review but appears to serve the public health, safety, and welfare. (4) The waiver will not diminish property values in or alter the essential character of the surrounding neighborhood. The BOA and staff do not believe the waiver would diminish property values or alter the essential character of the surrounding neighborhood in a negative way. Any new quality Public Hearing Item 405 August 22, 2005 Page 3 of 4 development in that location would appear to have a positive impact on the surrounding neighborhood. (5) The waiver granted is the minimum waiver that will eliminate or reduce the illogical, impossible, impractical, or patently unreasonable result caused by the applicable term or condition under this chapter. Staff believes the applicant has made admirable attempts to demonstrate, through discussions with City staff and a presentation before the Board of Adjustment, that this is the minimum waiver as referenced in this requirement. Three (3) of the five (5) BOA members felt the applicant's argument adequately addressed this criteria. Whether this is, in fact, the minimum waiver as called for in Criteria #5 is still a debatable issue. (6) The proposed development plan is compatible with the surrounding neighborhood. The BOA and staff believe the proposed site plan, although still within staff review, is compatible with the surrounding neighborhood. CHRONOLOGY: April 12, 2004 - conditional use approved for as many as 84 residential units September 20, 2004 - City Commission approved 6 month extension to conditional use April 15, 2005 - City received preliminary engineering plan submittal May 24, 2005 - City received waiver application and fee July 21,2005 - BOA votes 3-2 to recommend approval BOA ACTION: At its July 21,2005, meeting, the BOA voted 3 to 2 to recommend approval. ST AFF RECOMMENDATION: While staff readily acknowledges that there is a substantial difference in the ability of condominium units and town home units to provide two parking spaces within an enclosed garage, the existing language of Subsection 20-234 (5) does not provide for the division of the term "multiple-family residential" into condominiums and town homes for the purpose of determining parking requirements. Staff is of the opinion that the applicant has made an admirable effort to justify the requested waiver, however, the issue of whether this requests represents a "minimum waiver" is still a debatable issue. Staff further is of the opinion that Section 20-234 (5) ofthe Code needs to be modified to address the differences in multi-family unit types. Staff would request that the City Commission consider the request of Mr. Sabeti for the requested waiver. Public Hearing Item 405 August 22, 2005 Page 4 of 4 ATTACHMENTS: A Application package B Location map C BOA draft minutes CITY COMMISSION ACTION: ATTACHMENT A CITY OF WINTER SPRINGS COMMUNITY DEVELOPMENT DEPARTMENT 1126 STATE ROAD 434 WINTER SPRINGS, FL 32708 _____ 407-327-5966 ~ d(l()JO-M}~ FAX: 4 07 -327 -6695 BOARD OF ADJUSTMENT APPLICATION =!l1"'N~D HI t'\{i ~",. ;,~" Il''lY '\y..: 0' . .:~_ "~" \::. i;~ '1':1;"0;" 01-"1'. -~ o CONDITIONAL USE / SPECIAL EXCEPTION o VARIANCE IJi WAIVER APPLICANT: MAILING ADDRESS: PHONE & EMAIL OF \!\f;~JTL~:':' ,~:~r+~\I'~GS err)' penniti.H)Q - iv',a:.: Sabeti Mansour Last First 128 E. Colonial Dr. Max Middle Orlando FL 32801 City State Zip Code (407) 835-1369 X 11 maxabeti@aol.com PROPERTY O\VNER: If Applicant does NOT own the property: N/A MAILING ADDRESS: PHONE & EMAIL SIZE OF PARCEL: EXISTING LAND USE: Lastl N A First Middle CW/A State Zip Code 396,396 9.1 Acres Square Feet Acres Commercial Commercial Current FUTURE LAND USE Classification: Current ZONING Classification: C-1 neighborhood Waive requirement commetfdlii'iH.**REFRESHED 05/20/05** I'lISe I'lISCELLANCBI:IS CASII RECnPTS of haBlIi.El1.QTiie parkiAS127/05 08:51 PaYMent : $500.80 Re~e!J!t D .......1-1;, : .8.53364 g alJflMltreWi:l 'iJtl'NIll: ~1 Clerk : dascano Paid By : I'IETROPOLIS HOMES Please state YOUR REQUEST: spaces for each unit within an enclosed district. March 2005 CITY OF WINTER SPRINGS Building Division 1126 East SR 434 Winter Springs, FL 32708 Office: 407-327-5963 Inspection Li ne: 407-327-7596 Per.mit #: WAIV 200502820 Issue Date: 24-MAY-2005 Parcel #: Site Address: S R 434 WAIVER PROVISION Lot #: Owner: (OWN) Max Sabeti 128 E Colonial Drive Winter Springs, FL 32708 Phone: 4078351369 Contractor: Phone: License #: Work: WAIVER OF ZONING REGULATIONS Description: WAIVE REQUIREMENTS FOR 2 PARKING SPACES FOR EACH UNIT WITHIN AN ENCLOSED GARAGE WITHIN THE C-l DISTRICT Square Footage: Floor Footage Total: Construction Type and Occupancy: Code Sprinklers: Description Fees: Code Description ZP WAIVER WAIVER PROVISION Total: Amount Paid $500.00 $0.00 $500.00 ---~b-o Due $500.00 $ 5oo~-ob Notice This permit becomes null and void if work or construction is not begun within six (6) months after its issuance, or if the work authorized by this permit is suspended or abandoned for a period of six (6) months after the time the work is commenced. Certification I hereby certify that I have read and examined this document and know the same to be true and correct. All provisions of laws and ordinances governing this type of work will be complied with whether specified herein or not. Granting of a permit does not presume to give authority to violate or cancel the provisions of any state or local law regulating construction or the performance of construction. / / i SignitlireOf--~Cont-ractor or Author:rze-2f--Agent L_~______~_____ . .~___~_ _~_____ Date ***LIVE***REFRESHED OS/28/85** MISC MISCELLANEOUS CASH RECEIPTS Date / Time : 85/27/05 08:51 Payment : $500.00 Recei~t " : 853364 Check/Credit Card ": 1997 Clerk : dascano Paid By : METROPOLIS HOMES COPYRIGHT KIVA 1997 - 2005 The APPLICANT IS RESPONSIBLE for posting the blue notice card (provided by the City) on the site at least SEVEN (7) DAYS prior to the Board of Adjustment Meeting at which the matter will be considered. Said notice shall NOT be posted within the City right-of-way. All APPLICANTS shall be afforded minimal due process as required by law, including the right to receive notice, be heard, present evidence, cross- examine witnesses, and be represented by a duly authorized representative. The CITY COMMISSION shall render all [mal decisions regarding variances, conditional uses and waivers and may impose reasonable conditions on any approved variance, conditional use or waiver to the extent deemed necessary and relevant to ensure compliance with applicable criteria and other applicable provisions of the City Code and Comprehensive Plan. All formal decisions shall be based on competent substantial evidence and the applicable criteria as set forth in Chapter 20, Zoning. APPLICANTS are advised that if, they decide to appeal any decisions made at the meetings or hearings with respect to any matter considered at the meetings or hearings, they will need a record of the proceedings and, for such purposes, they will need to insure that a verbatim record of the proceedings is made, at their cost, which includes the testimony and evidence upon which the appeal is to be based, per 286.0105, Florida Statutes. Any CONDITIONAL USE, VARIANCE, or WAIVER which may be granted by the City Commission shall expire two (2) years after the effective date of such approval by the City Commission, unless a building permit based upon and incorporating the conditional use, variance, or waiver is issued by the City within said time period. Upon written request of the property owner, the City Commission may extend the expiration date, without public hearing, an additional six (6) months, provided the property owner demonstrates good cause for the extension In addition, if the aforementioned building permit is timely issued, and the building permit subsequently expires and the subject development project is abandoned or discontinued for a period of six months, the conditional use, variance or waiver shall be deemed expired and null and void. (Code of Ordinances, Section 20-36.) THE FOllOWING ITEMS ARE TO BE SUPPLIED WITH THIS APPLICATION: rn A copy of the most recent SURVEY of the subject property. ex A copy of the LEGAL DESCRIPTION reflecting the property boundaries. EX 11 x 17 MAP showing ADJACENT STREETS and ZONING AND LAND USE classifications on the ADJACENT PROPERTY. ex JUSTIFICATION for the Request (See Attached List) OJ: NAMES and ADDRESSES of each property owner within 150 ft. of each property line. OJ: Notarized AUTHORIZATION of the Owner, IF the Applicant is other than the Owner or Attorney for the Owner (see below). OJ: APPLICATION FEES: FEES are as SHOWN BELOW plus ACTUAL COSTS incurred for ADVERTISING or NOTIFICATION, and for REIMBURSEMENT for TECHNICAL and/or PROFESSIONAL SERVICES which may be required in connection with the review, inspection or approval of any development (based on accounting submitted by the City's Consultant) , payable prior to approval of the pertinent stage of development. CONDITIONAL USE / SPECIAL EXCEPTION $ 500 WAIVER $ 500 VARIANCE $ 500 TOTAL DUE $ 500.00 2 March 2005 ************************************************************************************** FOR USE WHEN APPLICANT IS OWNER OF THE SUBJECT REAL PROPERTY: This is to certify that I am the Owner in fee simple 0 Board of Adjustment consideration: ds described within this Application for Sig ~ Personally Known Produced Identification: (Type) Did take an Oath Did Not take and Oath <q~\~ Notary Public My Commissio e~es: l\.~'O S~~to and subscribed before me this 5 ~ day of Ma.y 20OQ.. "':I:~r:"" ~~'l.A""~> ~: .~~ ~':.. .:~~ ~;1"e .'~:- "'~iif.,Th't-< JENNIFER FLORIDA MY COMMISSION # DD 368069 EXPIRES: November 2, 2008 Bond6d Thru Notary Public UnderNriters ************************************************************************************** FOR USE WHEN APPLICANT IS NOT OWNER OF THE SUBJECT REAL PROPERTY: I, do hereby, with my notarized signature, allow to represent me in this Application related to my property. The property is identified as: Tax Parcel Number(s) Located at Signature of Owner( s) Sworn to and subscribed before me this day of 20_. Notary Public My Commission expires: Personally Known Produced ill: (Type) Did take an Oath Did Not take and Oath ************************************************************************************** 3 March 2005 WAIVER REQUEST A waiver requires compliance with all six (6) criteria enumerated in the rVinter Springs Code a/Ordinances. Section 20-34: Address each of the following conditions related to the variance request. Attach additional paper as necessary: o What is the Waiver you are requesting? We have obtained conditional use approval to build condos within C-l district. This is a request for waiver of requirement to have 2 enclosed parking areas per unit. o Is the proposed development plan in substantial compliance with chapter 20 of the City's Code of Ordinance and in compliance with the Comprehensive Plan? Yes. The comments received by staff dated May 3, 2005 indicated so. o Will the proposed development plan significantly enhance the real property? The plan which is a mix of residential and commercial developments are in line with city's future plans for the area. o Will the proposed development plan serve the public health, safety, and welfare of the City of Winter Springs? This wiIi be a gated community and will bring much needed improvements to this vicinity. o Will the waiver diminish property values in or alter essential character of the surrounding neighborhood? We believe the proposed luxury condo and commercial development will infuse ~n[actjve housing and commercial development to the neighborhood. o Is the waiver request the minimum waiver that will eliminate or reduce the illogical, impossible, impractical, or patently unreasonable result caused by the applicable term or condition under this chapter? Yes. The requirement of a 2 car garage for each condominium unit is not in line with intent of conditional use which the city approved,accordingly granting of the waiver eliminates this illogical, impossible impractical and unreasonable. o Is the proposed development plan compatible with the surrounding neighborhood? The townhome developments to the North and those across the street do not have any enclosed garages. Other develoI2ments in the vicinity are commercial and garages are not applicable 101' them. A "t Legal Discription PARCEL "A" That certain piece, parcel and tract of land located in Seminole County, Florida, described os foJ/ows: Part of Lots 12, 52 and 53, Block D of D.R. MITCHELL'S SURVEY OF THE LEVY (LEVEY) GRANT ON LAKE JESSUP, as recorded in plot book 1, Page 5(6), Public Records of Seminole County, Florida described as follows: From the intersection of the East right of way line of Moss Road (80 foot right of way) with the centerline of the Longwood Rood (5.R. 434)(100 foot right of way), os shown on the plot of North Orlando, os recorded in Plat Book 12, pages 10 and 11, Public Records of Seminole County. Florida, run N06"55'3.3"W along said East right of way 50.02 feet to the intersection of said East right of way line of Moss Rood with the North right of way line of said Longwood-Oviedo Rood; thence run N84"39'55"E along said North right of way line 290.00 feet to the Point of Beginning; thence leaving said right of way line, run N06"55'33"W 285.82 feet; thence N85"05'4.3"E 109.93 feet; thence N03"54'13"W 230.00 feet; thence 589'50'29"E 285.00 feet to 0 point on a curve concave Easterly, and having 0 Radius of 924.31 feet; thence from 0 tangent bearing of S06"16'2:5'W, run Southerly along the arc of said curve 187.25 feet through a central angle of 11".36'26" to the point of tangency; thence run 505"20'03"E 301.56 feet to 0 point on the aforesaid North right of way line of the Longwood-Oveido Rood; thence run S84"39'55"W along said North right of way 372.52 feet to the Point of Beginning. PARCEL "B" Commence at the intersection of the centerlines of Moss Rood and Longwood-Oviedo Rood; thence run S88"23'42"E, 701.16 feet along the center line of Longwood-Oviedo Road; thence N01"36'18"E, 165.00 feet for a Point of Beginning; thence continue N01'36'18"E, 186.56 feet to the beginning of a curve concave Easterly having a radius of 924.31 feet and 0 central angle of 1 0"48'55"; thence Northeasterly along said curve a distance of 174.474 feet to a point having 0 tangent bearing of N1Z25'13"E; thence run S88"23'42"E 108.582 feet; thence run S01"36'18"W 360.00 feet; thence run N88"23'43"W, 125.00 feet to the Point of Beginning. PARCEL "C' That part of Lot 12, 52 and 53 of Block D, D.R. MitchelJ's 5urvey of the Mose E. Levy Grant os recorded in Plat Book 1, Page 5, Public Records of Seminole County, Florida, described os follows: Commence at the intersection of the East right of way of Moss Rood with the centerline of the Longwood-Oviedo Rood as shown on the plot of North Orlando os recorded in Plot Book. 12, Pages 1 o and 11 in the Public Records of Seminole County; thence run NOS"55'33"W 338.02 feet along the East right of way line of Moss Rood to the Point of Beginning; thence continue N06"55'3J"W 194.82 feet along the East. right of way line of Moss Road; thence run 301.32 feet to the right along the arc of a curve .concave, having a radius 696.78 feet and a central anale of 25'30'34": thence run 572"06'.14" E 696.32 feet; thence run southerly 14.00 feet along a curve conc~veto the east, having 0 radius' of 924.31 feet, a central angle of 00"52'04", a chord of 14.00 feet that bears S06"41'25"W; thence run N89'50'29"W 285.00 feet; thence run S0.3"54'13"E 230.00 feet; thence 589'05'43"W 400.00 feet to the Point of Beginning. SARATOGA, A CONDOMINIUM Reasons for the 2-car garages being ILLOGICAL: 1) The product is a 1000 ft2 to 1200 ft2 3-story condominium. 2) Demographic group will not require or need a 2-car enclosed garage. IMPOSSIBLE: 1) Not possible to accommodate 2-car garages and additional guest parking spaces on site. 2) Not having sufficient open spaces will inadvertently make it impossible to provide sufficient parking spaces for all visitors. IMPRACTICAL: 1) Too many enclosed garages that may not be used. 2) Vistas and openness of community will be adversely affected. UNREASONABLE RESULT: 1) 2-car garages are out of sync with type of condos proposed. 2) No benefit realized through imposition of2 car enclosed garages Sarato2a., A Condominium Why criteria #5 is satisfied via the proposed via covered parking spaces: 1) Single carports are compatible and logical with 1000 ft2 to 1200 ft2 stacked flats 3- story condominiums. 2) The proposed site plan proves that one covered parking along with additional open spaces are possible and create a pleasant design. 3) It is practical to offer one covered parking per household and allow the additional open parking spaces to be used on an as needed basis. 4) The proposed site plan is a reasonable alternative to provision of 2-car garages and provides a reasonable amenity for the type of homes proposed. I~ OUl H G F D c B i fontinued Pg 242j t A ~. i/ ry: 4 . ~ NOTES: ".~ '.~ '.'if, 5 8 Municipal Address Map Book PRINTED: REVISED: Apr 2005 1: City of Winter Springs, FL o 200 I'\.............~_..- 400 , Feel 3 . ap Page Developed By: Sou/heas/em Surveying & Mapping Corp. 2: 2415 )TE~ )ARD l\1EMBER C:\SMAN~ A.YE llAlRMAN WATERS: AYE oAlU> 'MEMBER COLLINS~ AYE 01JUl MJ'.1IUlEll FAlllClflLD: A. 'if- 'ICE CllA1~ tA..~OR: AYE @Tl~EJt A TT A . -- .-...- ~HMENT C' $000-<'--<)00 CITY OF W1NTeJl SPruNG) JJ oJVJ'T lhI^"P1tOVJ;TJ' ~ll'I~~ 8O.AaD OF ....'DJVSTMUlT Rf,GUv.R ~Et"lr'lC; - J\JL. Y Z I . zoos !ivP Mr. Bakct said, "We are pl"ming on this Co'[I).Icission Meeting." ftJSL\C 1:lt....~J'(GS 401. co"""uul~ DeVe1oP",eIlt Dep:art1l>ent Requests "file Board 01 A.djnsunent Conside A. W.i..r Reque,1 By ~.nsOUT ,,~.." S.bet!, Of ~etTopolls Ro"'''' From Sub eclion 20-234. (4) To Allo" Rim To l'Toceed With \'I.n< To con,lT1ltt ltesidentl.1 condo.mnium \JnllS On 9.1 Mns Within The C-I l,ollillg Dlotrict (Site Is Be Ind Tbe B21l1< Of "",erico, With Front.ge On Both SR (S"''' It..d) 434 ^"d 0" lto.d) WItl10ut yrovl<llng The Req,.;,i..1 0:"0) G." e<l-,utnmobile \,.rlti Spate' For Ea.h \lniL to the A.ugust 22nd, 1;,10051 City M'. Bale'" said, "There appe>IS to be three ( ) options a~ailoble if the Wai~er goeS thtoul9>. that c;reales one for Mr. Sab oti. If it is """ed down. be may re<lueSl to ha~e the propertY retoned to multi-family. whet<' there is nO such rtquiremenl. />J>d then his other op110n appellIS 10 be to change the Code to om nd that section of the Cha-pter 20 dealing with 'C~ \ Zoning' ," 14t. Bak'" discussed tllis Af,enda Item and sto d that ''Criteria Numb'" r,'" (5) is the on< "'. feel be falls shoJI on." Mr. Baker .dded. "We said. pleas. u:y '" sho'" 110'" you can meet this," D\sC\lSS\On.. 211 (3) lO. SS6 of the City Cod. addteSSi~g ''Oft'- }Ar. Baker referenced section 9- . · C street pat,<-\ng re<\uitetnOUIS." ,I ,. "o"'es 118 BasI Colonial Drive, orlando. S b ( President ~,e"opo" ,,' .., . Mr. /<I"" a e t, '" bers,b ut his reQllest fat a """,. Florida'. spo'<-. to the BOord ",etn '.,," ..~,;,.~,~ ..,-,/, q..; ", ",:.i ", I t'O'd l[GS t'c.[ Wt' __.;n.J.JC~lNm dO) ,. ,.,..-u,' lU,S '-;=or- v..../:.. GOt' St' : n soo~ . c -s 1-~:f1t! se.d %66 (SL V' a( L0t7 8(:60 S00G-Sl-~n~ CITY OF WD>iTER. SPRINGS, FLORIDA ~ DRAFT \Jl'OAPPRov,ED Mll'HJT~S BOARD OF ADnIS'lMEI'iT . Il.EGULA!l.MEEnNG-IULY21.200S . ~I/~ PAGE 4 0(; !! (;(5 Mr. Sabeti said, "As Mr. Baker in kates, unbeknownst to us, a few months later, there was a ~hange in the parking space I quirements." Mr. Sabeti stated. "In anticipation of a. potentIal approval over the course !the past year, we proceeded to get our condominium documents approved and it has bee a.pproved with the Site Plan that we ha.ve submitted." Mr. Sabeti added, "We have made ead ways with Sf. John's [River] Water Management [District] (SJRWMD). we have sub itted the Plans to them and we were able to get some comments back." Regarding the Site, Mr. Sabeti sai , "We tried to provide a community feeling for this project - saving some of the trees t at are on the north side and on the east side so that it would indeed provide a good resal for this community. We feel that the position for a two (2) car garage for these units is deed, a little bit illogical from this perspective:' Mr. Sabeti said, "Having a two (2) car garage does not seem to be really necessary and from a marketing standpoint and housing type of standpoint, somewhat illogical to provide. It is im.possible from the andpoint that if you provide two (2) car garages for all the units, according to the way the Code is set up, we do not need to do anything beyond that, in other words, there is not going to be any additional parking that would be available - for guests." Mr. Sabeti added, "Our Site does not certainly accommodate or could accommodate additional op parking spaces. So, it kind of makes it impossible for us to accommodate all that ne s to be done from the standpoint of the realistic practical living in a conununity su h as this one. And not having this additional open space on - because you are provi ng an enclosed parking space, kind of makes it an impossible situation for the visitors to park in the complex and we certainly do not have the room to do that." Mr. Sabeti ed, "It is impractical because if a family has a one (1) car and has a two (2) car garage - s ace that is provided is not going to be used. and it is not going to be needed - and, therefi re, makes it for an impractical situation." With reference to two (2) car garag s, Mr. Sabeti added that it, "Provides corridors that block views and would block the b ildings as they are in a way that would not be very helpful for the looks and aesthetic b aut)' of the community." Mr. Sabeti said, "The tyPe of housing is not really in sync what is needed and what is appropriate for the condominiums of this type and really, we do not provide a benefit by having the two (2) car garages." J In regard to Item Number (5) of Se ion 20-34. (d), Mr. Sabeti spoke to the City Attome~ Anthony A. Garganese for ClarifiCa~On of this Item, In discussing carports, Mr. Sabetl said, "It allows for them to also ha e some storage but. forces th~ to use that spa:e f~r parking their cars and> therefore, wo ld be a better solutlon than a smgle car garage In thiS type of a condominium type of a 'lng,,, SO'd n::"s t'C'Z wt' lZ"S t'C'Z "Ot' 8t':11 SOOc-St-8n~ ........""" t...::,,,... '-Ct.- ,,~p SE:60 Se0c-St-9n~ em' OF WINTER. SPJUNOS, FLORlD^ OMJ'T UNAPPROVED MINUTES BOAJU) OF A.l)JUS'tMl:NT~lJy REGULAR MEETING - JUI.. Y 21,2005 !/l u.,~ PAGESdJi& r/~ Mr. Sabeti added, ''The type 0 a oarpon that we have - would indeed be much more suitable for units thaI a.re the si e that these are, one thousand (1,000) to twelve h4I1dred (1,200) square feet with a three ( ) stacked condominium tyPe ofa setting," Mr. Sabeti displayed photograph and the Site plan. Tape: IISidc E With discussion on [he Site PI . Mr. Sabeti said, "This Plan has not been resubmitted back to the City yet, but there w nor enough of - storage for cars and our engineer has made a change to accommodate couple of cars." Mr. Sabeti said, "In conclusion the four (4) Items of the impracticality and illogicality and unreasonableness and impo sibility - do apply in this type of a situation with the complex that we have proposed, d we feel that provision of the one (1) caJport per unit and then providing the rest of th as open spaces indeed is the best that we can do to accommodate the 'Item' that is i the [City] Code, and we respectfully request for your approval of the Waiver Request." Chairman Waters asked Mr. Sab i, "How many total spaces will you have per unit - one (1) covered and one (1) open pe unit?" Mr. Sabeti said, "That's correct." Mr. Sabeti added, "There ( are] eighty-four u its (84) and - about one hundred and sixty-eight (168) spaces that are provided." Cha' an Waters asked, 'l1ow much are these going to sell for?" Mr. Sabeti said, "The 0 (2) bedroom units would probably - around One Hundred and Eighty Thousand D llars ($180,000.00) and the three (3) bedroom units _ One Hundred and Ninety Thousan [Dollars] to One Hundred and Ninety Five Thousand [Dollars] ($190,000.00 to $195,00 .00)." Board Member Howard Casman ked, uHow many of the eighty-four (84) units - will be owner occupied?" Mr. Sabeti sai "IfI were to be selling them today. I would say - zero (0) investors." Discussion ensued. Mr. Baker said, "1 know that the [ ityJ Manager [Ronald W. McLemore) has a vision for the Village concept that Mr. Sabe did mention and he wants to come in with a new set of rules for that area to create a w kable, livable downtown that will emulate the better features we find in the Town Cent ." With further discussion, Mr. Sabe . said, "The Staff wanted to send me in a direction where we would not have gates an I think in the long run that might be a feasible thing but I insisted that without gates we I e not going to have a viable project." 90'd ![i,S \7e[ W\7 ! [i,S \7e[ W\7 8\7: H S00e-Sl-:Jrltl t..~c:..'" t.Cl:.. "id!:' 6~:6e S00~-St~Dn~ CITY Of WOOER SPRl'NGS. FLOIUD^ DRAFT l1N^"ltOVED MrNllT'ES BOAJU) Or: ",OJUSTMENT RLG1.JLARMEET1N(j_JUtY21'20~S ~ P^Cif 6 OF 6 Mr. Saberi added, "Having it' alled' was important to us and having it 'Gated' w f . J(]./ important and also providing the e of amenities with the fountain and the fitness center Y and the fitness path and so on, 1 kind of went together and we are also providing the buffer - you asked the questi n regarding the wethmds 10 the north that we have preserved in order to provide an dditional buffer." Mr. Sabeti said, "We are hopi that we can stay positive and move forward with a Waiver - City Commission, and 0 with what is marketable and would work. If it does not work, then we really need to 0 back and see what our options are potentially take the two (2) other options that you th ughr of and also Mr. Baker - see where we go. But, I think that making them all two ( ) car garages is probably not the approa.ch that we will take." Chainnan Waters asked, "Would au go for one (1) garage per facility?" Mr. Sabeti said, "It is certainly possible to do that if your recommendation is going to be that. Ir would not r~uire a major site plan ch e for us. And. we certainly can do that. It is not our preference to do that but if that is could potentially be plausible to do, because it would nor rake any more spaceJ we can ove forward with tbe project as we have it and move on." Chairman Waters asked Mr. Sabe~. "Would Metropolis [Homes) manage this or will you sell it to someone else to manage II Mr. Sabeti said, UNo. We are just going to sell the individual condominium units an provide the warranties to the individual unit owners and we have a management com any that is going to be doing the management of the condominium complex." Board ember Kathryn Fairchild asked, "Will you eventually tum it over to the homeowner ". T' Mr. Sabeti said, (f. ..Absolutely. There are provisions in our condominium do ument9 that they would be turned over," Discussion ensued on an OrdinanC1 for condominiums. Vice Chairman Jack Taylor said, "1 believe he [Mr. Sabeti) has met the minimum Criteria with his proposal!' Discussion, ~ice Chairman Taylor added. "We need to look at - the condo [miniumJ use and come up with an Ordinance that regulates the condo [minium] use." Board Member Fairchild sai , "I agree," "I MAKE A MOTION TO A PROVE THE SUBJECT WAIVER REQUEST PROVIDING THAT THE A PLICANT PROVIDES ONE (1) COVERED PARKING SPACE AND ONE ( ) OPEN PARKING SPACE AS PROPOSED TO THE BOARD OF ADJUSTME T ON TODAY'S DATE (JULY 21, :lOOS) PER RESIDENTIAL UNIT FOR T E PROPOSED EIGHTY-FOUR (84) UNITS." MOTION BY VICE CHAIRM TAYLOR. SECONDED BY BOARD MEMBER FAIRCHILD. DISCUSSION. L.1J'd ']:[L.S \7;:'[ L.IJ\7 ']:[L.S \7;:'[ L.1J\7 8\7:']:']: SlJlJc-S,]:-9n~ AUG-15-2005 11:48 407 324 5731 --- ----f' VOTE: BOARDMEMBERFAlRCHILD: AYE CHAlRMANWATERS: NAY BOARD MEMBER COLLINS: AYE BOARD MEMBER CASMAN: NAY ~CEC~ANTAYLOR~ ^YE MOTION CARRIED. 600. REPORTS 407 324 5731 P.08 CliY OF WINTER SllRINGS, FLORJDA DRAITUNAPPROVEO MINUTES SOARD OF ADJl1STMENT RECl.ll..AR MEETING - JUt y ~ 1, 200S i'A.OE' OH fft;rf For clarification on a p~vious "Recommendation" pr cedure, Vice Chairman Taylor said, "Could we -also into tonight's Minutes that we need answers to these two (2) questions that did not get answered from the last Mriet" g we had." Mr. Baker said, "I will get those in the mail to you this week." Discussion ensued on Robert's Rules of Order proced res and other previous Agenda Items. Further discussion ensued on "Waiver Application" fees. FUTURE AGENDA ITEMS None. ADJOURNMENT "I MAKE A MOTION WE ADJOURN." MOT ON BY VICE CHAIRMAN T AYLOR. SECONDED BY BOARD MEMBER AIRCHILD. DISCUSSION. WITH CONSENSUS OF THE BOARD THE MOTI N WAS APPROVED. MOTI()N CARRIED. Chainnan Waters adjourned the Meeting at approximate} 8:32 p.m. 0(";1" j r-..- I..... 1 -!:It"" 1....._ AUG-15-2005 11:48 6e' d. ltHOl 407 324 5731 RESPECTFULLY SUBMITI'ED: JOAN L. BROWN DEPUTY CITY CLERK DEBBIE FRANKLIN DEPUTY CITY CLERK APPROVED: ~~dv THOMAS WATERS CHAlRMANI BOARD OF ADJUSTMENT NOTE: These Minuu;s ""ert lpprovullllhe 'i I' t:' r':l ~ .J r-",.-.... I""""" I ,-y~. 4U'( ..5~4 :>'(j1 t-'.l::1':i em OF WINTER SPRINGS, FLOIUDA DRAFT UNAPPROVED ~.(I}JUrES 80AP.D OF ADJUSTMENT R..ECULAR MfETTNO - JUL '121, ~OOS PAGESOf& ',.,IU .1 or Ad,,,_, M~'".. I TOTAL P.09