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HomeMy WebLinkAbout2006 10 23 Public Hearing 206 630 Dunmar Circle CITY COMMISSION AGENDA ITEM 206 Public Hearing October 23,2006 Meeting REQUEST: The Community Development Department recommends the City Commission hear a request for a Conditional Use within the City of Winter Springs RC-I zoning District (Residential Rural FLU designation), to allow an approximately 3,080 square foot detached accessory structure on approximately 8.4 acres at 630 Dunmar Circle. This would be the third detached accessory structure on this property. PURPOSE: The purpose of this agenda item is to consider the appropriateness of the proposed 3rd detached accessory structure (an approximately 3,080 SF barn), pursuant to the criteria set forth in Section 6-84 of the City Code of Ordinances to allow a 3rd detached accessory building at 630 Dunmar Circle. Section 6-84 allows a maximum of 2 detached accessory structures and a maximum size of 240 SF each. However, for those properties within the Residential Rural Future Land Use (FLU) designation, a conditional use may authorize variation of the number, height, and size requirements, subject to the specific criteria in Subsection 6-84 (3). APPLICABLE LAW AND PUBLIC POLICY: Sec. 6 - 84. Accessory buildings. Cht. 20, Section 20-33. Conditional Uses Cht. 20, Div. 3: RC-I Single-Family Dwelling District (Sec. 20 -141 thru 20 -147). CONSIDERATIONS: The applicant, Dr. Patterson Moseley, has an existing 2- story home (30' tall) and 2 existing detached accessory structures on approximately 8.4 acres at 630 Dunmar Circle. The site is located within Dunmar, a private gated community with large lots and a semi-rural lifestyle. It has a Rustic Residential Future Land Use designation and RC-I zoning. The applicable building setbacks are as follows: front - 50', side - 20', and rear 35'. The maximum building height allowed is 35' and the maximum lot coverage is 20 percent. October 23, 2006 Public Hearing 206 Page 2 of 5 The proposed detached barn is approximately 3,080 SF (51' 4" x 60'); is comprised of a 2,224 SF open garage and an enclosed 856 SF trailer storage area; and will be located within 28 feet of the side property boundary and 200 feet from the rear property boundary. The barn is proposed with a total height of25' 4" to the ridge ofthe roof. The 2 existing detached accessory structures are comprised of a 277 SF wood storage building and a 2,304 SF concrete block stable. The applicant owns the property and house on the adjacent property to the rear (west) of this lot. The applicant must demonstrate that the proposed structure meets the criteria set forth in Subsection 6-84 (3) of the City Code as well as the conditional use criteria in Section 20- 33. The BOA and staff believe the attached pictures demonstrate compliance with these criteria. The attached application includes the applicant's responses to the Section 20-33 criteria. Staff believes the applicant has demonstrated how the proposed structure is compatible and harmonious with the principal structure and surrounding land uses and structures and that the height of the proposed accessory structure does not exceed the height of the principal structure. Providing a third detached accessory structure (one that exceeds 240 square feet) appears consistent with the character with Dunmar Estates and the Ranchlands, given the acreage of this site, given that this is a private subdivision, given that the applicant owns one ofthe adjacent properties, given the semi-rural life- style of the Ranchlands and Dunmar Estates, and given the tree and vegetative cover on the site. Staff notes that the legal description ofthe subject 8.4 acres appears to be comprised of 2 separate meets and bounds descriptions and has therefore requested that the City Attorney determine whether or not a unity of title is needed, due to the presence of what may be 2 lots of record and the proximity of the structures from that boundary between them. FINDINGS: 1. The request is consistent with all applicable goals, objectives and policies of the City's adopted Comprehensive Plan. 2. The site has a Residential Rural FLU designation and the applicant has submitted a plot plan and architectural rendering. 3. The request is in conformance with the purpose and intent of Subsection 6-84 (f) (3) of the City Code, and with all applicable requirements: S:\dept - Community Development\Planning\2006\Commission\102306 COMM PH 206 Moseley Barn CU. doc October 23, 2006 Public Hearing 206 Page 3 of 5 a. The proposed accessory building is compatible and harmonious with the principal structure and the surrounding land uses and structures. The applicant has provided photos of the existing house and detached accessory structures that the BOA and staff believe demonstrate the proposal is compatible and harmonious with the principal structure and surrounding land uses and structures. b. The proposed accessory building will not adversely impact land use activities in the immediate vicinity. The BOA and staff believe that the proposed barn will not adversely affect surrounding land use activities. c. The height of the proposed accessory building does not exceed the height of the principal structure. The barn is proposed to be 25' 4" tall and the 2- story house is 30' tall. d. The accessory building shall meet the requirements of the applicable zoning district including setback and maximum lot coverage. The proposed building meets these requirements. 4. Pursuant to Section 20-33 of the City Code, "all conditional use recommendations and final decisions shall be based on the following criteria to the extent applicable: a) Whether the applicant has demonstrated the conditional use, including its proposed scale and intensity, traffic-generated characteristics, and off-site impacts, is compatible and harmonious with adjacent land uses, and will not adversely impact land use activities in the immediate vi cini ty. " The BOA and staff believe the barn at this location will not have a negative impact, subject to demonstrating compatibility and harmony, pursuant to Subsection 6-84 (1)(3), above. b) "Whether the applicant has demonstrated the size and shape of the site, the proposed access and internal circulation, and the design enhancements to be adequate to accommodate the proposed scale and intensity of the conditional use requested. The site shall be of sufficient size to accommodate design amenities such as screening, buffers, landscaping, open space, off-street parking, and similar site plan improvements needed to mitigate against potential adverse impacts of the proposed use." S:\dept - Community Development\Planning\2006\Commission\102306 COMM PH 206 Moseley Barn CO. doc October 23, 2006 Public Hearing 206 Page 4 of 5 The BOA and staff believe that the size and shape of the site (in conjunction with the size of the adjacent properties) can accommodate a combination of the existing home and 3 detached accessory structures. c) "Whether the proposed use will have an adverse impact on the local economy, including governmental fiscal impact, employment, and property values." The BOA and staff believe that this proposed use will have a positive impact on the local economy, employment, and property values. d) "Whether the proposed use will have an adverse impact on the natural environment, including air, water, and noise pollution, vegetation and wildlife, open space, noxious and desirable vegetation, and flood hazards." The BOA and staff believe that the proposed use will not have an adverse impact on the natural environment. e) "Whether the proposed use will have an adverse impact on historic, scenic, and cultural resources, including views and vistas, and loss or degradation of cultural and historic resources." The BOA and staff do not believe that the proposed use will have or create any of these adverse impacts. f) "Whether the proposed use will have an adverse impact on public services, including water, sewer, surface water management, police, fire, parks and recreation, streets, public transportation, marina and waterways, and bicycle and pedestrian facilities." The BOA and staff do not believe that the proposed use will have or create any of these adverse impacts. g) "Whether the proposed use will have an adverse impact on housing and social conditions, including variety of housing unit types and prices, and neighborhood quality." S:\dept - Community Development\Planning\2006\Commission\102306 COMM PH 206 Moseley Barn CD. doc October 23, 2006 Public Hearing 206 Page 5 of 5 The BOA and staff do not believe that the proposed use will have or create any of these adverse impacts. BOA ACTION: At its regularly scheduled meeting of October 5, 2006, the Board of Adjustment voted to recommend approval of the conditional use for proposed detached accessory structure. RECOMMENDATION: The BOA and staff recommend the conditional use request for the 3,080 SF detached accessory structure at 630 Dunmar Circle. Staff requests that the City Attorney determine whether or not a "unity of title" is necessary and that, if determined necessary, such unity of title be a condition of approval. ATTACHMENTS: A. Location Map B. Section 6-84 C. Application package, including reduced size copy of plot plan, rendering, & pictures D. Draft Minutes of October 5, 2006 BOA meeting S:\dept - Community Development\Planning\2006\Commission\102306 COMM PH 206 Moseley Barn CU.doc ATTACHMENT A Municipal Address Map Book PRINTED: REVISED: Apr 2005 1: City of Winter Springs, FL PAGE LOCATION KEY MAP WITH 1 & 2 MILE RADIUS RINGS Developed By: Southeastem Surveying & Mapping Corp. ATTACHMENTB BUILDINGS AND BUILDING REGULATIONS (b) Height and size restrictions. The maximum height shall be twelve (12) feet measured from ground level. The maximum size of any structure shall be two hundred forty (240) square feet. (c) Location. All accessory buildings shall be located to the rear of the existing buildings line. (d) Permits. A building permit shall be re- quired before construction or placement can take place. No accessory building shall be permitted prior to construction of the principal building. (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. (1) Corner setback-On all corner lots the minimum open sideyard setback shall be that of the principal building. (2) Rear yard setback-Shall be a minimum of six (6) feet. (3) Side yard setback-Shall be that of the lot on which the building is to be located. (4) Easements-If an easement on the lot where the building is to be located is greater than that addressed above, then the easement size shall prevail. No build- ing shall be constructed or placed on an easement. (f) Upon application filed with the city, the city commission may vary the number, height, 'and size requirements set forth in this section or approve an accessory building on an adjacent lot by conditional use permit under the following conditions: (1) The subject property has a residential rural future land use map designation the city's comprehensive plan. (2) The applicant submits for review and consideration a detailed architectural ren- dering of the proposed accessory building and a plot plan drawn to scale. Supp. No.6 (3) The city commission finds that: . a. The proposed accessory building is compatible and harmonious with the principal structure and the surround- ing land uses and structures; . b. The proposed accessory building will not adversely impact land use activ- ities in the immediate vicinity; c. The height of the proposed accessory building does not exceed the,height of the principal structure; and d. The accessory building shall meet the requirements of the applicable zoning district including setback and maximum lot coverage. (4) An accessory building may be constructed on a lot adjacent to the lot on which the principal building is located under the following conditions: a. The conditions set forth in subsec- tions (1), (2), and (3) are satisfied. b. A legal instrument reasonably accept- able to the city is recorded in the public records of Seminole County that ptovides that the principal build- ing lot and the adjacent lot are uni- fied under common ownership and that in the event said ownership is ever separated, the accessory build- ing shall be removed or a principal building shall be constructed on the adjacent lot within one (1) year from the date the lots are separated. (Code 1974, ~ 5-10; Ord. No. 460, ~ 1, 6-26-89; Ord. No. 2003-02, ~ 2, 4-28-03) l Sec. 6-85. Screen enclosures. (a) Definition. For purposes of this section, the term "screen enclosure" shall mean an enclosure consisting entirely of screen mesh, except for minimum essential structural framework re- quired for its support. (b) Mesh; load requirements. Mesh sizes shall not be smaller than twenty (20) by twenty (20) threads per inch, nor larger than eighteen (18) threads by fourteen (14) threads per inch. Design computations a~d construction details of screen 378.1 ATTACHMENT C 4673274755 WINTER SPRINGS SLOG PAGE B3/B7 CITY OF WINTER SPRINGS COMMUNITY DEVELOPMENT DEPARTMENT 1126 STATE ROAD 434 WINTER SPRINGS, FL 3:1708 veD 407-327-5966 FAX:407-327-6695 Conditional Use/ Special Exception Moseley Patterson Webster 1030 Dunmar Circle Winter Springs FLA 32708 407-699-0049 skerbrookpat@aol.com 630 Dunmar Circle Winter Spr. To build a pole 136/26/213136 17:24 4073274755 WINTER SPRINGS BLDG PAGE 06/07 CONDITIONAL USE PERMIT REQUEST Taken from WInter Springs Code of Onj;min~s. Section 20.33(d): All Conditional Use recommendations and final decisions shall be based on the following criteria to the extent applicable. Attach additional paper as necessary: o What is the Conditional Use you are requesting? pole for use of parking WINTER SPRINGS BlDG PAGE 07/07 o Will the proposed use have an adverse impact on the local economy, including governmental fiscal impact, employ ent, and property_values? If no, t why not? [] WiIIlhe proposed use have an adverse impact on natural environment, including air, water, and noise pollution, vegetation and wildlife, open ~ o Will the proposed use have an adverse Impact on historic, scenic and cultural resources, including views and vistas, and loss or degradation of cult ral nd historic resou 5? If no, why not? - (J Willlhe proposed use have an adverse impact on pub~ic services, including water, sewer, surface water management, police, fife, parks and recreation, streets I public transportation, marina and terwa~. and bicycle and pede facilities? If no, why not? . Will the proposed use have an adverse impact on housing and social conditions, Including a variety of housing un~ types and pyand ~.a? nelghbo~od quality? If no, why not? -- 4~ --- ~~ . :; ""' PAGE 05/07 By submitting this application you hereby grant temporary right of entry for city officials to enter upon the subject property for purposes of evaluating this application ...................................................................................... FOR USE WHEN APPLICANT IS OWNER OF THE SUBJECT REAL PROPERTY: Sworn to and subscribed before me this 25 day of August 2006. Produced Identification: Notary Pllblic Chryel Jackson My Commission DD295803 Expires March 02, 2006 ...................................................................................... FOR use WHEN APPLICANT IS NOT OWNER OF THE SUBJECT REAL PROPERTY: J, do hereby, with my notarized dgnamra, allow 10 represent me in this Ap.plication related 10 my property. The property is identified Tax Parecl Numbcr(e) Located At Signatun: of Owncr(s) Sworn to and subscribed before this ___day of 20_, Notary Public My Commission expires: PCr3OD11Uy Known J.'roduced ID: (Type) Did take Illl Oatb Did Not take and Oath ...........................,.......................................................... RECEIVED AUG 25 2006 City of Winter Springs Permitting & Licensing South David McCloud - 645 Dunmar Circle East Rory Evans - 621 Dunmar Circle West Power Line North John Altomore - No Address (Property Split) 17 acres RECEIVED AUG 25 2006 CITY OF. WINTER SPRINGS Permitting & licensing 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: A copy of the most recent SURVEY of the subject property. A copy of the LEGAL DESCRIPTION reflecting the property boundaries. 11 x 17 MAP showing ADJACENT STREETS and ZONING AND LAND USE classifications on the ADJACENT PROPERTY. JUSTIFICATION for the Request (See Attached List) NAMES and ADDRESSES of each property owner within 1.2Q.l!. of each property line. Notarized AUTHORIZATION of the Owner, IF the Applicant is other than the Owner or Attorney for the Owner (see below). o 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 Section II, Township 21South, Range 30 East Seminole County, Florida East Side Elevation SEMINOLE COUNTY PROPERTY APPRAISER PAGE 1 OF 2 2006 WORKING VALUE SUMMARY Parcel Id: 11-21-30-3AG-142C-0000 Owner: Moseley Patterson W & Sherry B Mailing Address: 630 Dunmar Cir City, State, ZipCode: Winter Springs FL 32708 Property Address: 630 Dunmar Cir Winter Springs 32708 Subdivision Name: Tax District: W1- Winter Springs Exemptions: 00-Homestead Dor: 01-Single Family 2006 Working Value Summary Value Method: Market Number of Buildings: 3 Depreciated Bldg Value: $334,114 Depreciated EXFT Value: $16,402 Land Value (Market): $450,000 Land Value Ag: $0 Just/Market Value: $800,516 Assessed Value (SOH): $401,640 Exempt Value: $25,000 Taxable Value: $376,640 Tax Estimator 2006 Notice of Proposed Property Tax Warranty Deed 09/1984 01581 1140 $450,000 Improved No Warranty Deed 04/1983 01453 0025 $45,000 Vacant Yes Warranty Deed 10/1979 01246 1628 $45,300 Vacant Yes Find Comparable Sales within this Subdivision 2005 Value Summary Tax Value (without SOH): $9,752 2005 Tax Bill Amount: $6,708 Save Our Homes (SOH) Savings: $3,044 2005 Taxable Value: $364,942 Does not include non-Ad valorem assessments Land LOT 0 0 1.500 300,000.00 $450,000 Legal Description LEG PT OF LOTS 142 143 & 147 BLK D DESC AS BEG SE COR LOT 143 RUN S 83 DEG 37 MIN 38 SEC W 131.61 FT N 01 DEG 27 MIN 55 SEC E 800 FT S 88 DEG 32 MIN 06 SEC E 178.12 FT S 04 DEG 57 MIN 30 SEC W 118.1 DT S 70 DEG 14 MIN 37 SEC E 641.51 FT S 07 DEG 33 MIN 14 SEC W 28.35 FT SWLY ON CURVE 178.68 FT SLY ON CURVE 276.86 FT SWLY ON CURVE 196.59 FT S 83 DEG 37 MIN 38 SEC W 156.16 FT N 04 DEG 57 MIN 30 SEC E 25 FT TO BEG D R MITCHELLS SURVEY OF THE LEVY GRANT PB 1 PG 5 1 Single Family 1983 12 2,837 4,817 3,837 Siding Avg $305,986 $336,248 Appendage/ Sqft Open Porch Finished/ 130 Appendage/ SQft Enclosed Porch Finished /636 Appendage/Sqft Open Porch Finished/ 230 Appendage/Sqft Open Porch Finished /20 PAGE 2 SEMINOLE COUNTY PROPERTY APPRAISOR 630 DUNMAR CIR WINTER SPRINGS FL TO JOHN BAKER PICTURE OUR HOME, THE MAIN STRUCTURE ON THE PROPERTY, OUR BUILDING CONTRACTOR KNOWS OUR HOME AND HE HAS STATED THAT THE HEIGHT OF THE HOUSE IS 30', MAKING IT AT LEAST 5 FEET TALLER THAN THE PROPOSED STRUCTURE. PICTURES PAGE 2 Mare Barn. Breeding shed. These last 2 are the other structures on the property. PICTURES PAGE 3 The two above pictures are of Rory Evans 2 story barn which is located on the parcel adjacent to our property. PICTURE PAGE 4 This is the 2 story barn on David McCleod's property, which is adjacent to our property. Also, for your information, Stephen Reich's address is 1416 Tusca Trail, Winter Springs, 32078. he owns lot #3, I think we have supplied you with all the information you have requested. Please email me and let me know that you have received this and that we are in order for Thursday night. Thank you, Pat Moseley ATTACHMENT D CITY OF WINTER SPRINGS. FLORIDA UNAPPROVED MINUTES ROAKO OF ADJUSTMENT REGULAR MEETING - OCTOBER 5.2006 PAGE 1 OF 5 PUBLIC HEARINGS AGENDA PUBLIC HEAlUNGS 200. Community Deyelopment Department Recommends The Board Of AdjustmeDt Hear A Request For A Conditional Use Within The City 01 Winter Springs RC-I Zoning District (Residential Rural FLU Designation), To. Allow An Appro.ximately 3,080 Square Foot Detached Accessory Structure On Approximately 8.4 Acres At 630 Dunmar Circle. Chairman Warers openedthe "Public Input" of this Agenda Item. No one spoke. Chairman Tom Waters closed the "Public Input" of this Agenda Item. Mr. John Baker, AICP, Senior Planner, Community Development Department presented this Agenda Item and distributed correspondence to the Advisory Board Members. Mr. Baker said, "Staff will consult with the City Attorney as to whether or not 'Unity of Title' is needed for the property. Because it appears to possibly be two (2) pieces of land tha.t may need to be joined as ODe (1). And we just nee4 a legal opinion on that. But, we do believe he meets the Crit~a for the Conditional Use.'" Discussion. Dr. Parrerson Moseley. 630 Dunmar Circle. Winter Springs. Florida: spoke briefly to the Advisory Board Members. Chainnan Waters asked, "V ou are not going to be repairing - in there or opening an auto shop?" Dr. Moseley said, "No, Sir." "I MAKE A MOTION THAT WE GRANT THE C0NDITIONAL USE REQUEST AS PRESENTED IN [AGENDA] ITEM '200'." MOTION BY VICE CHAIRMAN JACK TAYLOR. SECONDED BY ADVISORY BOARD MEMBER COLLINS. DISCUSSION. yon: BOARD MEMBER CASMAN: AYE CHAIRMAN WATERS: AYE BOARD MEMBER cotUNS: AYE VIC~ CIlAIRMAN TAYLOR.: AYE MOlION CARRIED. Chairman'Waters said, "This will come before the City Commission." Mr. Baker said, 'The 23"' [September 2006] of this month."