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."