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HomeMy WebLinkAbout2002 05 13 Regular B Over-sized Recreational Vehicle COMMISSION AGENDA ITEM B Consent Informational Public Hearing Regular X May 13. 2002 Meeting p Mgr. / Authorizatio REQUEST: The Community Development Department-Code Enforcement Division, requests the City Commission considers the request of Danny Cariel, 574 Walden Way to park his over-sized recreational vehicle at his residence. PURPOSE: The purpose of this agenda item is to request that the City Commission considers the request of Mr.Cariel to park a 3 I-foot over-sized recreational vehicle at his residence. APPLICABLE LAW AND PUBLIC POLICY: Under current regulations, no recreational vehicle in excess of twenty-eight (28) feet may be parked or stored in a residentially zoned district without a permit issued by the City Commission and renewed annually.(Section 20-431 (f)) CONSIDERA TIONS: Mr.Cariel is requesting permission from the City Commission to park his over-sized recreational vehicle at his residence. Surrounding property owners have been notified of Mr. Cariel's request. MAY 13,2002 REGULAR AGENDA ITEM B Page 2 The Code Enforcement Division has received complaints about Mr. Cariel's recreational vehicle. STAFF RECOMMENDATION: Because of complaints from neighbors, Staff cannot recommend granting permission at this time. ATTACHMENTS: A. Section 20-233 (b), City Code B. Section 20-431 (f), City Code C. Mr. Cariel's letter D. Letter to adjoining neighbors COMMISSION ACTION: ATTACHMENT A S 20-232 WINTER SPRINGS CODE (51) Outdoor advertising signs sales offices; (52) Paint store; (53) Parking garages; (54) Pawnshop; (55) Pet shops and grooming; (56) Photographic studios; (57) Physical fitness and health clubs; (58) Post office; (59) Private clubs and lodges; (60) Quick printers; (61) Radio and TV broadcasting studios, ex- cluding towers; (62) Radio and TV sales and service; (63) Rental shops; (64) Regulated professions, offices and profes- sions licensed and regulated by the de- partment of professional regulation pur- suant to F.S. ch. 455 and F.S. ~ 20.30, as now existing or as hereafter amended; (65) Retirement homes; (66) Restaurants; (67) Schools, public, private and parochial, ser- . vice vocational schools (such as cosmetol- ogy, medical and dental assistant's train- ing) requiring no mechanical equipment; (68) Shoerep'air shops; (69) Skating rinks; (70) Sporting goods, retail; (71) Swimming pools; sales, service and' sup- plies;. . (72) Tailoring shops; (73) Taxidermists; (74) Telephone business office and exchanges; (75) Theaters, not drive-ins; (76) Title companies; (77) Tobacco shops; .(78) Toy stores; (79) Travel agencies; (80) Wearing apparel stores; (81) Any other retail store or business enter- prise not listed under any other zoning classification that in the judgment of the board of adjustment is consistent with those included above, and further, that will be in harmony with the spirit of this f chapter. (b) Outdoor display and/or sales are prohibited except by special exception. (Ord. No. 44, ~ 44.47, 1-8-68; Ord. No. 264, ~ 1, 7-13-82; Ord. No. 619, ~ 1,7-8-96) Sec. 20-233. Nonconforming uses. (a) The lawful use of a building or structure existing at the time of the passage of this chapter may be continued, although such use does not conform to the provisions of this chapter; and such use may be extended throughout the build- ing provided no structural alterations, except those required by law or ordinance, or ordered by an authorized officer to ensure ihe safety of the building, are made therein. No such use shall be extended to occupy any land outside such build- ing. If such nonconforming building is removed or the nonconforming use of such building is discon- tinued for a continuous period of not less than three hundred sixty-five (365) days, every future use of such premises shall be in conformity with the provisions of this chapter. (b) The lawful use of the land existing at the time of the passage of this chapter may be contin- ued; provided, however, that no such nonconform- ing use may be extended to occupy a greater area ofland than that occupied by such use at the time of the passage of this chapter. If such nonconform- ing use is discontinued for a continuous period of not less than three hundred sixty-five (365) days, any future use of such land shall be in conformity with the provisions of this chapter. . (c) Whenever a nonconforming use of a build- ing or land has been discontinued or changed to a conforming use, such use shall not thereafter be changed to a nonconforming use. (Ord. No. 44, ~ 44.47.1, 1-8-68; Ord. No. 264, ~ I, 7-13-82) 1332 ( \::. I (cj If. 'j.;_ ~>. ATTACHMENT B I.. . . , t;.' , '.2. .. - .. ~. I ) .) e. No more than one (1) recreational vehicle shall be parked on an owner's property at anyone (1) time. r. No recreational vehicle in excess of . twenty-eight (28) feet in length in overall measurements shall be parked or stored in a residentially zoned district without a permit issued by the city commission and renewed annually by such commission. In the case of a truck camper, the length measurement will include truck and camper. g. No boat trailer, with or without a boat thereon, may be parked on prop- erty in residential districts, unless such boat trailer does. not exceed twenty-three (23) feet in overall length, is in a state of good repair, is being maintained in a neat and or- derly condition and is owned by the owner of the property upon which it is parked. . h. It shall be a.violation of this chapter to park any vehicle enumerated in (1)a. above or to park any recre- ational vehicle within the right-of- way of any city street, alley, lane,' way, drive or other thoroughfare over- night. (2) Exceptions. The parking, storage or main- tenance of certain vehicles will be permit- ted in residentially zoned districts as ex- ceptions to (1)a. through (l)h. above as follows: a. Recreational vehicles may be occu- pied during parking or storage if a permit has been issued in accor- dance with section 20-412. b. A combination of boat trailer with boat and a recreational vehicle is permissible as an exception to (I)e. above. c. Any person owning, renting, leasing or otherwise being in control of the use of any lot, parcel or piece of real property located in a residentially zoned district and contiguous to the ) I: I (i;; ZONING ~ 20-13 I parcel upon which that person's res- idence is located may use such Con- tiguous lot as if it were a separate piece of owner's property for the park- ing of vehicles subject to the restric- tions set forth in this section. Pro- vided, however, that no vehicle owned, operated or under the direct control by other than the p~rson owning-, renting, leasing or otherwise being in control of the use of such lot, parcel or piece of real property shall be parked thereupon. d. Commercial vehicles as described in section 20-431 shall be allowed on public streets or within privately owned driveways or on residential property for the limited and tempo- rary purpose of loading or unloading goods or materials .for the property' Owner upon whose property or adja- cent to whose property the commer- cial vehicle is parked. (3) Definitions. As used in this section:, the following words are to be interpreted as having their commonly accepted mean- ings as well as the following specific defi- nitions. If the two (2) definitions are in conflict, the definition provided herein is to prevail: a. Boat trailer. A trailer designed to carry a boat is a boat trailer with or without a boat thereon. If with a boat, then both boat and trailer will be measured. b. Camping trailer. A vehicular porta- ble structure mounted on wheels, constructed with collapsible partial side walls of fabric, plastic or other material, for folding compactly while being drawn by another vehicle, and when unfolded at the site or location providing temporary living quarters, and the primary design of which is for recreation, camping or travel use. c. TI-Quel traill!r. A vehicular portable structure built on a chassis designed to be pu lied by 11 n au tomobile or ATTACHMENT C To: Code Enforcement From: Danny 1. Cariel 574 Walden Way Wmter Springs, FL 32708 To Whom It May Concern: I am writing this letter to ask to be placed on the agenda to request a permit to keep my thirty-one I foot RV at 574 Walden Way. The RV is parked inside a privacy fence area at the rear of my home approximately thirty feet from the road.. i Thank you, ~Ic~ tf lJ ,..-..-- ,/01- ;,' 1 - (..)35 RECEIVED APR 0 9 2001 CITY OF WlNTER SPRINGS Code Enforcement \::} ATTACHMENT D CITY OF WINTER SPRINGS, FLORIDA Code Enforcement 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone (407) 327-1800 Fax (407) 327-6695 April 22, 2002 Dear Resident, Your neighbor at 574 Walden Way has requested pennission from the City Commission to park his over- sized recreational vehicle at his home. This matter will be heard in a public hearing on May 13,2002 at 6:30 pm at City Hall, 1126 E. SR 434, Winter Springs, Fl. Interested persons lnay attend and speak, or may submit written comments concerning the request. Comments may be directed to; Jimette Cook Code Enforcement Manager 1126E SR434 Winter Springs, Fl. 407-327-5979