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HomeMy WebLinkAbout2002 04 22 Regular O Side Building Setback COMMISSION AGENDA \ \ ITEM 0 CONSENT INFORMATIONAL PUBLIC HEARING REGULAR X 04/22/02 Meeting REQUEST: The Community Development Department recommends the City Commission deny a request of Gregory Jann for a variance from Section 6-2 and Section 6-84 of the City Code of Ordinances, to allow an attached garage at 932 Arabian Avenue to encroach five (5) feet into a 20-foot wide side building setback. PURPOSE: The purpose of this agenda item is to consider a request of Gregory Jann for a variance from the requirements of sections 6-2 and 6-84 of the City Code of Ordinances to allow construction of an attached 1024 square-foot (4-car) garage to encroach five (5) feet into the 20-foot side-yard building setback. APPLICABLE CODE: Sec. 6-2. Compliance with this Chapter. (a) No building or structure shall hereafter be constructed, altered,... except in conformity with the provisions of this chapter. Sec. 6-84. Accessory buildings. (e) Setback requirements. When an accessory building is attached to a principal structure by a breezeway, passage, or otherwise, it shall become a part of the principal structure and shall be subject to the required setbacks of the principal structure. Sec. 20-82. Duties and Powers; general. The Board of Adjustment shall make recommendations to the City Commission to grant any variance or special exception as delineated in this chapter. Apri122,2002 Regular Item 0 Page 2 (I) The board of adjustment shall have the additional following specific powers and duties: a. b. c. To recommend upon appeal such variance from the tenns 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 tenns of this chapter, the board of adjustment must and shall find: 1. That special conditions and circumstances exist which are peculiar to the land, structure or building and which are not applicable to other lands, structures or buildings in the same zoning district; 2. That the special conditions and circumstances do not result from the actions of the applicant; 3. That granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, buildings or structures in the same zoning district; 4. That literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the tenns of this chapter and would work unnecessary hardship on the applicant; 5. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure; 6. That the grant of the variance will be in harmony with the general intent and purpose ofthis chapter, will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. (2) In recommending the granting of any variance, the board of adjustment may recommend appropriate conditions and safeguards. Violations of such conditions and safeguards, when made part of the tenns under which the variance is granted, shall be deemed a violation of the chapter. The board of adjustment may recommend a reasonable time limit within which the action for which the variance is required shall be begun or completed, or both. April 22, 2002 Regular Item 0 Page 3 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 confonnance with the building site requirements. .. for the district in which such building or structure is located. CHRONOLOGY: March 1,2002 - Variance application received by City April 2, 2002 - Board of Adjustment heard the request and recommended denial. FINDINGS: 1) The subject property, Lot No. 97, Winter Springs Unit 3, is within the Tuscawilla Planned Unit Development (PUD) and has PUD zoning. 2) The required side yard building setback is 20 feet in Winter Springs Unit 3. 3) The applicant has requested a variance to encroach five (5) feet into the 20- foot side-yard building setback, to within 15 feet of the rear property line. 4) A variance requires compliance with all six (6) criteria outlined in Code Section 20-82. 5) Staff does not find that the variance meets the six criteria for a variance: 1. there are no conditions or circumstances peculiar to the land, structure, or buildings which are not applicable to other lands, structures, or buildings in the same zoning district; 2. special conditions and circumstances, if they exist, are the result of the applicant; 3. granting the variance requested would convey on the applicant special privileges that is denied by this chapter to other lands, buildings or structures in the same zoning district; 4. a literal interpretation of the provisions of this cha pter would not deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this chapter and would not work an unnecessary hardship on the applicant; 5. the variance requested is not the minimum variance that will make possible the reasonable use of the land, building or structure; and 6. granting the variance requested would not be in harmony with the general intent and purpose of this chapter and would undermine the Code, which could be injurious to the neighborhood, or otherwise detrimental to the public welfare. BOARD OF ADJUSTMENT: At its regularly scheduled meeting of April 2, 2002, the City of Winter Springs Board of Adjustment heard Dr. Jann's request for a variance and voted 3-0 to recommend denial of the variance to allow the five (5) foot encroachment into the 20-foot side-yard building setback. Apri122,2002 Regular Item 0 Page 4 RECOMMENDATION: That the City Commission consider the Board of Adjustment (BOA) recommendation and review the variance request pursuant to the criteria outlined in Subsections 20-82(1) and (2) of the City Code of Ordinances. Staffhas not found the request to be consistent with the six (6) criteria. ATTACHMENTS: A - Plot plan with existing and proposed structures B - Dr. Jann's responses to the six (6) variance criteria C - Variance application D - Board of Adjustment Draft Minutes E - Letters to property owners COMMISSION ACTION: ATTACHMENT A -"".,.-- ~'~Tr;:~~ j I' .' i..J. I,["e PL 11 T OF SURIJE Y DESCRIPTION LOT 37 WINTER SPRINGS UNIT 3 liS RECORDED IN PLII T BOOK 17 PI1CE[SJ 83 8 3e ~C~~~.Vte.~ THE PUBLIC RECORDS OF SEMINOLE CDUNTY,FLDRIDI1 M~R 0' 1.00'2. H. SPRINGS 0\": \/'JIN k~.>AR'fMe.NT C~\\-O\\'lG 0 ELEVA TlON TOP OF WA TER ( HOWELL CREEK) 19 /1/ 0'/2000 NOTES: I NOT VALID IJITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLDRIDA LICENSED SURVEYOR AND MAPPER 2 THIS SURVEY 'JAS PREPARED FROt.l 'TITLE INFORMATION FURNISHED TO THE SURVEYOR. THERE MAY BE OTHER RESTRICTIONS OR UNRECORDED EASEMENTS THAT EFFECT THIS PROPERTY. ) NO UNDER OROUND IMPROVEMENTS HAVE BEEN LOCA'TED UNLESS OTHEI SHOIJN 4 DIMENSIONS SHOIIN FOR THE LOCATION OF IMPROVEMENTS HEREON SHOI NOT BE USED TO RECONSTRUCT BOUNDARY LINES. ~ BEARINQS ARE BASED ON ASSUMED DATUM AND ON THE LINE SHOIIN A: BASE BEARING IB.B.I. e VERnCAL CONTROL (NATIONAL GEODETIC 'VERTICAL DA ruM 1929) I. i': 1 .. I , i' ! ., , .~,. ! --- BENCH MARK TOP OF REBAR & CAP ~LEVATION 37.02 I ? YA7'''f/AJ\\G~ LOT 96 1- ""0' J: )7 6'. , 0'0 >s- -P." t.. 4 ~ ." 46( e LOT 98 . CENTERlINE N&D .. NAll.. AND DISK OLK -BLOCK POB . POINT OF BECllNlIlNO ESHT - EASEHENl POC . pom OF COHr'ENCHENl Il'. IRON PIPE CD . CHORO BEARING R . RMJIUS R/W - RIGIlT OF WAY A - DEll ^ PI. . PROl'811Y LtlE C - CHORD PC . P<:lNT OF CURVE L . LENGHl CONC . CONCRETE P -Pl.^ T HON .. HOHUt1ENT . .. I'M1BER - - ....-.. I RD .. ROAD . -FO CONe MON. . - ..--.- - 0 . SET REBAR .2250 G . SET CONC HON .2250 .................... ...-....... ...~ ... - .... .-.... "'~ ItIV . INVERT ;~'.~~":".'.~ :::'0:::.':; R' . FINISH FLOOR BM . BENCH HARK '.\~ ~ ~ ,,/ o \::'~~~\) t'\t~ 48.04 \~ <<-/ 36" OAK CJ / ,. \. "/' / 48.94 "\ 4 /' i ! I I i I .1 I 0:: I . II I , I ~v .. ELEVATION V"" ........,.... ...... . .........~ _ ..r-_......_ ..-.......~....."" IX. .. BUl..DNO . CA8AGe 'ALH 'I A EDWARD GORDON SURVEYING " ,., /' /J r...-r: .., ....'!r.. 8Of..N)ARY ""I ATTACHMENT B Jann Response Winter Springs Board of Adjustment April 4, 2002 Request to construct front facing 3 Car Garage to within 15 feet (instead of 20 feet) of side property line. Location shown is the obvious location to existing house and driveway. The Board of Adjustment is advised that: 1. Special Conditions and circumstances exist which are peculiar to the land, structures or buildings which are not applicable to other lands, structures or buildings in the same zoning district. Property is located in Unit 3, Tuscawilla PUD. Other Units allow front facing garages and have side setbacks of 8 or 10 feet. 2 That special conditions and circumstances do not result from actions of the applicant. None would exist. 3. That granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, buildings or structures in the same zoning district. All neighbors have the opportunity to come before the Board with similar requests. 4. That literal interpretation of the provisions of this chapter would deprive the applicant of the rights commonly enjoyed by other properties in the same zoning district under the terms of this chapter and would work unnecessary hardship on the applicant. The location shown is the obvious convenient location for the garage. To locate the structure behind the house would require an approximately 150 feet extension of the driveway and a connecting covered walkway (per W.S. Code} and daily inconvenience. Note 10 foot grade separation. 5. That the variance granted is the mlntmum variance that will make possible the reasonable use of the land, buildings and structure. The thirty two foot dimension of the building is consistent with a 3 car garage. 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 else detrimental to the public welfare. The design of the garage matches the house for materials and color, and has been shown to and Agreed to by the neighbors. 7. The request is consistent with the objectives and policies of the comprehensive plan. No inconsistency is noted Q ATTACHMENT C ',~, ': ' ~ hil":::'~. ~l'!~d=D' n~.:: .." ..,!. "..., oc;. 'BOARD OF ADJUSTMENT APPLICATION CITY OF WINTER SPRINGS 1126 EAST S~ATE ROAD 434 WINTER'SPRINGS, FL 32708-2799 (407)327-1800 MAR 0 1 2002 .. CITY' OF WIN. !:.h:: ::;Pf:':JNGS BUILDING DEPARTMENT 'f FOR: x SPECIAL EXCEPTION VARIANCE 'CONDITIONAL USE ADMINISTRATIVE DECIS10N ADDRESS: L.I.r.. ~. G/lEb CJ/1 r IT' J4/t/~:.' 'PHQNE.&iJ?) JIt'.5- JT/3 93.;z, /lr:'1l"J-f-lv.- tV;"fe-V,..s;"'.Ib';H ~ 327C/.J/ / oJ '., '" ,/'"" ", . (/' " // (/4r,,,?c f/.:::A'-e " (;J 1. APPLICANT: 3. ATTACH A COPX OF THE PARCEL SURVEY, 4, ATTACH AN 11 x 17 MAP SHOWING THE SUBJECT PROPERTY AND SURROUNDING PARCELS. 5 - ATTACH LEGAL- DESCRIPT'?"~' f,,-t_ -_ "'''/~ 6, TAX. PARCEL ~DENTIFICATION NUMBER: 7. LOCATION 'OF PARCEL (st eet Addres's Streets): ':2.. A.....b.'.... W'. V,i,'Tv'Y 8. PRESENT ZONING: PU ;;J . . .I...o'f-;';. . r'.. I . I I I I I I' f I I I I I ,," I I I :.r I I I I' . , .1 .'. f i ! I FUTURE LAND USE: By Signing below'I ~nderstand that City of Winter Springs Officials may enter upon my property to inspect that portion. as relates to this application; OWN the owner of the subject property, the a letter of authorization signed by the o (U/I/"A/' .. . PERSONS ARE ADVISED THAT, IF THEY DECIDE TO APPEAL ANY, DECISIONS HADE AT THESE MEETINds/HEARINGS, THEY WItL NEED A,RECOR6 OF THE PROCEEDINGS AND FOR SUCH PqRPOSE, THEY WILL NEED TO INSURE THAT A VERBATIM'RECORD ~F THE PROCEEDINGS IS MADE, 'AT'THEIR 'COST, WHICH INCLUDES THE TESTIMONY AND .EVIDENCE UPON WHICH THE APPEAL IS TO BE 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) days after the filing of any de6ision in the office of the Board of AdJlistment, but not thereafter, apply to' the City Council for administrative relief. After a hearing.before the City Council an aggrieved party may, within thirty (30) days after the decision of the City' Council, file an appeal with a court of competent jurisdicti~n over the subject matter.' . . . .. ATTACHMENT D DRAFT CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING APRIL 3,2002 I. CALL TO ORDER The Planning And Zoning BoardILocal Planning Agency Regular Meeting was called to order Wednesday, April 3, 2002, at 7:06 p.m. by Vice Chairman Tom Brown in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Chairman Bill Fernandez, absent Vice Chairman Tom Brown, present Board Member Rosanne Karr, arrived at 7:08 p.m. Board Member Joanne Krebs, present Board Member Sally McGinnis, present The Pledge of Allegiance followed. Board Member Rosanne Karr arrived at 7:08 p.m. II. CONSENT CONSENT A. Approval Of The March 6,2002 Regular Meeting Minutes. Vice Chairman Brown ask for a Motion "For approval or corrections of the Minutes of March 6th." MOTION BY BOARD MEMBER KREBS. "MOVE TO ACCEPT." SECONDED BY BOARD MEMBER KARR. DISCUSSION. WITH CONSENSUS OF THE BOARD, THE MOTION WAS APPROVED. MOTION CARRIED. III. REGULAR REGULAR A. Highland Apartments Preliminary Site Plan. co DRAFT CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY \ REGULAR MEETING - APRIL J, 2002 PAGE 2 OF 5 Mr. John Baker, AICP, Current Planning Coordinator, Community Development Department introduced the Agenda Item and stated, "In the findings there are five (5) conditions of things to be done with the final Engineering." Mr. Amr T Gawad, True Engineers & Architects Inc., 1836 Woodward Street, Suite 101, Orlando, Florida: briefly spoke of the history ofthe land and parking spaces. Mr. Gawad answered the Board's questions pertaining to access roads; when construction could begin; the playground; the agreement with Seville On The Green; and the school zomngs. MOTION BY BOARD MEMBER KREBS. "I WOULD LIKE TO MAKE A MOTION BASED ON - A RECOMMENDATION OF APPROVAL TO THE CITY COMMISSION SUBJECT TO THE ABOVE MENTIONED CONDITIONS SET FORTH IN FINDING 2) A. THROUGH E. AS RECOMMENDED BY STAFF." SECONDED BY BOARD MEMBER KARR. DISCUSSION. VOTE: BOARD MEMBER McGINNIS: AYE BOARD MEMBER KREBS: AYE VICE CHAlRMANBROWN: AYE BOARD MEMBER KARR: AYE MOTION CARRIED. REGULAR B. Wagner's Curve Preliminary Subdivision Plan. The Agenda Item was introduced by Mr. Baker. Referring to the findings Mr. Baker said, "Staff recommends approval however we do note and bring to your attention that through this Development Agreement there are some areas that are inconsistent with the Code. That is perfectly legal, perfectly acceptable and normal but we do list here under the finding areas where this is different than the Code." Mr. Baker then reviewed the inconsistencies. A Memorandum from Ms. Jimette Cook, Code Enforcement Manager, Community Development Department and Mr. Mike Mingea, Environmental Inspector/City forester, Code Enforcement Division, Community Development Department was distributed to the Board Members. Vice Chairman Brown commended Staff on the thorough information presented in the Agenda Item and stated, "I think you have done a very good job and knowing what we've been trying to do - that it is evident. We put our confidence in you to handle,ell that." DRAFT CITY 01' WINTER SPRINGS MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY REGULAR MEETING - APRIL 3, 2002 PAGE 3 OF 5 Mr. Tom Daily, Daily Design Group, 861 West Morris Boulevard, Winter Park, Florida: addressed the Board regarding the history of the project; the Development Agreement allowing the project to blend with the Town Center; and the construction time line. Discussion followed regarding the Zoning; the project having Town Center features; common ownership and maintenance; the placement of the townhouses in relationship to State Road 434; that Final Engineering Plans would only come before the Board if there were significant changes; the location of the entrance; and there is a provision in the Developer's Agreement regarding road maintenance. Mr. Daily was asked by the Board how the project would impact traffic on State Road 434 and how the schools will be effected. Mr. Daily advised that the "Property is currently zoned and approved for a shopping center and so the amount of traffic that would be from that shopping center is greatly more than what the traffic would be for townhomes and so it is actually a deduction in traffic." Additionally, Mr. Daily said traffic reports were submitted not only to the City but also to the Department of Transportation and that he did not know what schools children would attend. Discussion. MOTION BY BOARD MEMBER KREBS. "BASED ON THE PROVISIONS OF THE DEVELOPMENT AGREEMENT AND THE FINDINGS, THE LOCAL PLANNING AGENCY RECOMMENDS APPROVAL BY THE CITY COMMISSION." SECONDED BY BOARD MEMBER McGINNIS. DISCUSSION. VOTE: BOARD MEMBER KREBS: AYE VICE CHAIRMAN BROWN: AYE BOARD MEMBER KARR: NAY BOARD MEMBER McGINNIS: AYE MOTION CARRIED. Mr. Baker departed the Meeting at 7:47 p.m. REGULAR C. Greeneway Interchange District. Mr. McDonald spoke of the City Commission's concern of certain permitted and conditional uses being permissible in the Greeneway Interchange District and reviewed the Staffs report with a PowerPoint presentation. Tape I/Side B ... DRAfT CITY OF WINTER SPRINGS MINUTES PLANNING ANI) ZONING nOAIW/LOCAL PLANNING AGENCY \ REGULAR MEETING - APRIL 3, 2002 PAGE 4 OF 5 Board Members and Staff discussed the differences between community shopping centers and strip malls; "big box retailers"; the location of the Greeneway District; the procedure for removing billboards; "How immediate is this issue"; and the need to differentiate and further distinguish the percentages of allowed lIses in the future. Mr. Charles Carrington, AICP, Community Development Department Director reiterated the purpose and requested the Board's Recommendation. MOTION BY BOARD MEMBER KARR. "BASED ON THE - DEFINITIONS IN THE FINDINGS THAT WERE PRESENTED TO US TONIGHT TO CHANGE THE DEFINITION OF THE GREENEWAY INTERCHANGE DISTRICT, I RECOMMEND THAT WE APPROVE - PASS ON THE NEW DEFINITIONS AND PERMITTED USES AS WRITTEN IN SECTION 20-1. DEFINITIONS. AND SECTION 20-330. PERMITTED USES, CONDITIONAL USES, ACCESSORY USES AND STRUCTURES, PROHIBITED USES. AND PASS THAT ON TO THE CITY COMMISSION." SECOND BOARD MEMBER KREBS. DISCUSSION. VOTE: VICE CHAIRMAN BROWN: AYE BOARD MEMBER KARR: AYE BOARD MEMBER McGINNIS: AYE BOARD MEMBER KREBS: AYE MOTION CARRIED. Mr. Carrington distributed documents to the Board. Members while Mr. McDonald explained that they were proposed changes to the current C-2 (Commercial District) and the creation of a new Industrial District. Mr. McDonald said that no action was expected tonight and in fact would be coming before the Board at the Board's next Regular Meeting. Members of the Board questioned whether the City would allow adult entertainment. Mr. Carrington explained that under "State Statutes you must allow it" but the City can determine the location. Brief discussion. IV. FUTURE AGENDA ITEMS This Item was not discussed V. REPORTS Q :',-; ~?~~'~'~1 DRAFT CITY OF WINTER SPRINGS MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY .. REGULAR MEETING - APRIL 3, 2002 PAGE50F5 Mr. Carrington reported that the developers and applicants have complained of the time delay of going before the City Commission by waiting for approval of Planning and Zoning Board/Local Planning Agency Meeting Minutes. Mr. Carrington explained that "The Commission discussed this at length last night and elected to try for a year with the following procedure that I will describe to you. Instead of having attached approved minutes, they would have attached Minutes that have been typed up by the City Clerk's Office from your Meeting that had not been back before the Board for approval but had been reviewed and initialed by the Chairman or Vice Chairman." Next, Board Member Joanne Krebs suggested delaying Election Of Officers until which time the City Attorney's Opinion has been received: and again asked that the City Attorney give the Board an Opinion "On whether that Ordinance regarding the Boards and the absence and all that other stuff applies to those Boards not having any other information - in their By-Laws or - if it repeals those." The Board agreed not to hold the Elections at the May Regular Meeting. Brief discussion. VI. ADJOURNMENT MOTION BY BOARD MEMBER KARR. "I MOVE THAT WE ADJOURN." SECONDED BY BOARD MEMBER KREBS. DISCUSSION. WITH CONSENSUS OF THE BOARD, THE MOTION WAS APPROVED. MOTION CARRIED. Vice Chairman Brown adjourned the Meeting at 8:30 p.m. RESPECTFULLY SUBMITTED: DEBBIE GILLESPIE DEPUTY CITY CLERK APPROVED: ~ ~ 'v!2. () 4-J2-Z()p'J.-(il' 1av ' )/JauH- --- TO BRO " CE CHAIRMAN PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY City Clerk\BOARDS\PLANNING\aIlI\MINUTES\2002\040302 REGULAR.doe NOTE: These Minutes were approved at the , 2002 Planning And Zoning Board/Local Plannin~gcncy Meeting. 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 March 19, 2002 RE: Variance Request From Side Yard Building Setbacks at 932 Arabian Ave. Dear Property Owner: At its regularly scheduled meeting of Thursday, April 4, 2002, the City of Winter Springs Board of Adjustment will hear a variance request from Dr. Gregory J. Jann to allow a construction ofa 1024 square-foot garage 15 feet from a side property line, instead of the 20 foot side building setback set forth for Winter Springs Unit 3 of the Tuscawilla Planned Unit Development, for property located at 932 Arabian Avenue (Lot 97, Winter Springs Unit 3, as recorded in Plat Book 17, Pages 89 and 90 of the Public Records of Seminole County, Florida). 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 me at (407) 327 - 6695. Sincerely, czt!!- c . ~ John C. Baker, AICP Current Planning Coordinator ~ ~ ~.??