HomeMy WebLinkAbout2003 01 13 Regular E Construction of Screened Porch
COMMISSION AGENDA
ITEM E
CONSENT
INFORMATIONAL
PUBLIC HEARING
REGULAR X
01/13/03
Meeting
MGR. GEPT e
Authorization
REQUEST: The Community Development Department recommends denial of a request for
a variance by Neil and Michelle Staley from sections 6-2 and 20-103 of the City Code of
Ordinances, to encroach 10 feet into the 20 foot rear building setback to construct a screened
porch with an impervious roof at the rear ofthe house.
PURPOSE: The purpose of this agenda item is to consider a request of the Staleys for a
variance from the requirements of sections 6-2 and 20-103 of the City Code of Ordinances to
allow a screen porch to encroach 10 feet into the 20 foot rear building setback at 1547
Braewick Street (Lot 142, Fox Glen at Chelsea Parc, Tuscawilla Phase 2, depicted in Plat Book
55, Pages 37-39 of the Public Records of Seminole County, Florida). The applicable 20 foot
rear building setback is set forth on the final subdivision plat, cited above.
APPLICABLE CODE:
Sec. 6-2. Compliance with Chapter.
Sec. 20-82. Duties and powers; general.
Sec. 20-103. Restrictions upon lands, buildings and structures.
CHRONOLOGY:
November 15, 2002 - Variance application was received by City.
December 5, 2002- Board of Adjustment heard the request and voted 3-0 to recommend denial.
FINDINGS:
1) Lot No. 142, of Fox Glen at Chelsea Parc, Tuscawilla Phase 2, is within the
PUD zoning district (Tuscawilla PUD) Higher Density Residential Future
Land Use designation (9.1-12.0 D.U.lacre).
.;
January 13, 2003
Regular Item E
Page 2
2) The required rear yard building setback is 20 feet, as set forth in Plat Book
55, pages 37 -39 ofthe Public Records of Seminole County.
3) The applicant requested a variance to encroach 10 feet into the 20 foot rear
building setback.
4) A variance requires compliance with all six (6) criteria outlined in Code
Section 20-82 (staff does not believe that the request meets any of the 6
criteria):
a) that special conditions and circumstances exist which are peculiar
to the land, structures or buildings involved and which are not
. applicable to other lands, structures or buildings in the same
zoning district;
Neither the BOA nor staff believes there are any special conditions
and circumstances.
b) that special conditions and circumstances do not result from the
actions of the applicant;
The BOA and staff both believe that the applicants created their own
situation and that no special conditions and/or circumstances exist.
c) 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;
The BOA and staff both believe that granting the variance would
confer special privileges upon the applicants.
d) 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 terms of this
chapter and would work unnecessary hardship on the applicant;
The BOA and staff both believe that a literal interpretation of the
provisions ofthis chapter do not deny the applicants of any rights and
does not work any hardship - much less an unnecessary hardship.
e) that the variance granted is the minimum variance that will make
possible the reasonable use of the land, building or structure.;
and
The BOA and staff both believe that there is already reasonable use
ofthe land, building or structure. Further, the applicant could opt for
a screen room with a screen (pervious) roof or reduce the size of the
proposed porch to meet the building setbacks.
January 13, 2003
Regular Item E
Page 3
t) 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 otherwise detrimental to the public welfare.
The BOA and staff both believe that to grant the variance would be
inconsistent with the intent and purpose of and undermine the code.
5) The Board of Adjustment, at its December 5,2002, meeting, recommended
denial of the variance request.
6) Staff does not find that the request meets any of the 6 variance criteria set
forth in Chapter 20 of the City Code of Ordinances.
BOARD OF ADJUSTMENT:
At its regularly scheduled meeting of December 5,2002, the City of Winter Springs Board of
Adjustment heard the Staleys' request for a variance and recommended denial.
RECOMMENDATION:
Neither the BOA nor staff found the variance request consistent with any of 6 criteria
necessary for granting a variance and both recommend denial of the request.
ATTACHMENTS:
A - Plot plan/"Land Description"
B - Photocopy from final subdivision plat
C - Variance application
D - Board of Adjustment Draft Minutes
E -'Authorization for Florida Pool Enclosures to act as agent for variance request
F - Applicants' supporting documentation
COMMISSION ACTION:
uc~-~~-u~ UD:O~~~~,'ey ,~Dn5UI~'n~
"VI e>....... .......,'-'
PLAT OF SURVEY
LOT,142, FOX GLEN AT CHELSEAPARC. 'TUSCA'MUA PHASE 2. ACCORDING TO THE PLAT THEREOF
AS RECORDED IN.PLAT BOOK 55 PAGES 37-39, OF THE pus.uc RECORDS OF SEMINOLE COUNTY, FLORIDA.
ATTACHMENT A
CEIl11fl(O TO:
NEL STALEY. W1CHEUE STAlEY
fiRST .HORIZON HONE LOAN CORP.
O/B/" SUNSD.T WHOLES1<l.E
\llHltEII"RK "T FOX (UN. LID.
PEOPlE'S 1 ST CQMI,lUNITY BANK
CRAHIIM. CLARK, JONES. BUILDER, PR" TT & II"RKS
FlllST "lAERlC....N liRE INSUR"NCE COMP....NY
LOT 141
~~ , ~1A1~
.~ /8 ... -....! e, -1~l!!cj,
If ~'V '" ~.Jo ~f:O ~. ~
~ ... ~,. l' ,. ~;....,,.~h..
~ D..idlll q( 't"~
;.. " >. .'4)0 ",..-;t;.,.
, ",,"/!'l " s'" 9.'0'
, ..., ,., Ir,~
CURBtS t1:r f~~fo,...."
3.1' a'F P . ..... I: ~
23.7 _.~
,
,
,
. ,
e'
.,.,
Ici'RP
. WE\.. 23.88
. , .
.Jt" I
,;,.If,.
, .. '8
~""~.
"Ii ,
, CURB IS
/ 2.,' ON
/24.1
~
<D
6. = 20.57'44"
R = 25.00'
L == 9.15" . .
CB = S1 0.1 O'28"W
..
n.O
...
q.:r
:f&t
~~ ct
~...
t;:;f
"9. Qj
i#
..
(g).
.D.= 82'02'30"
R = 40.00'
L = 57.28'
CB = N20"21'48"W
-
,'./
NOlE:
2. PROPERlY CORNERS SHOWN HEREON WERE
SET/F'OUNO ON 11/22/99 UNLESS OlliERWlSE
SHOVIN.
LEGENO:
t;;. nlUNIl MAll .. llISC
t::::J. III f447l1
o ~1~""rAf
A 00I0lD RAWS
6. DOtQ1[$ CELIA NCI.[
L DEHOTES I.ItC lIHCtH
ca otORll IlENllNG
.- - - - MICHl oF WAY uwr:
(PI Pf'JO PlAT
(II Il(ASIJl[O
AEC REClMRIJl
I :.': '.: \1 Q;JMCJtClt
\,",', .
~ lIS.~_
Ul LN<ll UW:lI<G IIUSIIfSS
U lNCl SUl~
fIlRY P'ERt6AN0fJ RO'4:I:a(NC[ ..CJrt\MDrfT
PO> I'€AlIANOlT CON'lIlCI. POINT
PI PClINT OF NlDISI:C1lON
P1 POItT OF 'ANr:u<<;y
PC I'ClItT Of QJIlYA11JRt
aT QCNN UNK nNa .
... .xlO FtlICt
.TIP 1WICAI..,.
AI<: Am ClNll11QNOl
(8. COl<CAt1r III.ClQ( WN.
ItP R-.s PONT
!WoE. _... UllllTY ~lIr
1. 1HE SURv::.'rQft I~ N"1' A.B!i'mACTED THt:
1N4D ~0:Ml .fCREPtl fOR [AS(wC'lTS. RIClIT
Of -.W. RI..~~l)olS Of ~F.CU!)D 'MilCH
WA" AFn:CT 1He:' mOl: m USf.:"OI" 1"<11; lNID
2. ND UNDEROI<nu"~ IlAPRCM:""f</Ts' y....~ BEEN
Lc::AlED EXcCPl AS SHDVoN..-.. :
J. NOT V1U) \1I1IlOU1 1HE SlClIA1LIlt AND 1HE a;;QtAl
R;.;S[Jl S:;A1. OF A nORIlA UCENS{!) SURVCItlR
N:l) IoIM'PER. - '0
I HAil( EXoWlNtll THE F".I.R.1A. COUlAUNlTY PANn
'NO 1:102V5 0165 E DATED 4-17-95 ....NO F"CIUND
THE SUB.ECT PROPERTY ut:s IN ZONE X .
AR[A Of' "'NIWAl. fl.DOOlNG
V TV DA1\JItoI.
DEARlNGS SHD'Ifl HEREON ARE BASED ON
nit CDlTERlJME OF BRAEWlCIC SlREE:l
BEING S 81'23'01' E. PER PUT.
(nUl DAlE:) 11/22/DD
SCALt. l' - "" "'.El
APPRD~ BY: DO
REVlSEO:
~~~,~
TIlA01HY O. MOSBY,. P ~
....... ac.'" I .D
I AI.IERIC"'N SURVEYING & MAPPING I
CDl~~ ~~W~11al~II~~ LB16393
OfUNloo.. FLallOA
32801 (407) 4:1ll-7D711
JOlI NO. A.SIoI2Jl86
OR....'llN BY: RRD
OfAMCll tun'I 'IID
.....~....
f1UIDoI\....'J11/f'J
70
J~~
J 1'/-== --=? t'l "
,------
ATTACHMENT~:~
. ~', t.
~--."'~
,..
'BoiRD O~ ADJUST~ENT APPLICATION
CITY OF HINTER SPRINGS
.~ 1126 "EAST STATE ROAD 434
:WINTER'SPRINGS, FL .32708-2799
(407)327-1800
POR: SPECIAL EXCEPTION'
.><. VA'RIANCE
'CONDITIONAL USE
ADMINISTRATIVE DECIS10N
. F/!~J. bJht-f-.$~
1. APPLICANT: (I/)fl"~:P~/)1 EN~/{)ScA.,eeS .;.' 'PHqNEl/.()7-Z6()~Z8oo
ADDRES~:. 9~ 7, .1-!-1(!,k-olU{.5+ A-I.f.~~ 5;J1U? ~L.
. . ". I .. . . . I'
, PURPOSE OF REQUES" ch!! 2(/ 5e+b-tck.I1..'1~f" /tJ .
o;;a.1:fo:fL.llZtt'r(J:Tu;;1;;~=~:#1~C4:ceh~()()1h ,~_ s Hj c()n~-fL
.' \ 5&l1'd. Reo~
3. ATTACH A COpX OF THE PARCEL ~URVEY.
4.
ATTACH AN ll.x 17 ,MAP SHOWING THE SUBJECT PROPERTY AND
SURROUNDING PARCELS.
s.
ATTACH LEGAL'DESCRIPTION.
6.
TAX. PARCEL ~DENTIFicATioNNUMBE~ i' 68- ~ I ~ 3":-'5 o8~ 0000- (42.0
Street. . Addres's . and/or ..:N~arest Cross
. .S 'Wlh.-re#.- ''''n
.~
S. PRESENT ZONING:
. -
FUTUR~,L~N~ bsti
,.
"(.
By Signing below' I u'nderstand that City of Hinter Springs Officials
may ~nter updri my property to ins~ect that ~ortion. as relates to
this application:
. ':~l
(If the applic~nt-'is not
applicant must attach. a
owner) .
lie-if. E. 5+41e.,/-
OWNER-PLEASE TYPE "
.-1A J q _ ~~ ~
9H1{E:~-SIONiURE.C?
PERSbNS ARE ADVISED THAT, IF THEY DECIDE T6 AP~EA~ ANy,'bECISIONS
HADE AT THESE MEETINds/HEARINOS, THEY WItL NEED A.RECORb OF THE
PROCEEDINGS AND FOR SUCH PURPOSE, THEr WILL NEED TO INSURE THAT A
VERBATIM'RECORD'OF rHE PROCEEDINGS IS MADE, 'AT'THEIR 'COST, WHICH I
INCLUDES THE TESTIMONY AND .EVIDENCE UPON WHICH THE APPEAL .IS TO BE :l ,.'
" .
BASED, PER SECTION 286.0105, FLOR~DA STATUTES
the'. owner of the subject property I
1 etter of authori'zatiilVl!Od bi'
Ree, , '.
. . MO'l ~;.t60t .~
'i. :.... . R 8PRltlG8
""~O~~.~1Ill
~~ '
the
the
': ...
SECTION 20-84 -APPEALS FROM DECI~IONS OF THE BOARD OF ADJUSTMENT
(1) Any person, or persons, jointly or severally aggrieved by
any decision of ,the Board' of Adjustment may, within thirty (30)
day~ after th~ filing of ariy dedision iri the office of the Board of
Adjustment, but not thereafter; appl y . to . the 'City Counci I for
administrative'r:e'lief. After a hearing.before the city Council an
aggrieveq party. inaY,\oiithin. thirty (30) days af,ter the decision of.
the City Council; _ file an' appeal' with .a court of competent
jUrisdiction over the subj,ect matter..
t_..
. :l..<lf-;';'
.
.
:,..i
-.
. ;
..._, OJ_, _OJJ_.
-_.-
,) .
ATTACHMENT D~~ O\.V~I
CITY OF WlNTE~ SPR.\NCS
M /l'lVTES
~OARD OF AD.ruSTMJtl'lT .
UGtn.AYt M~TINO - O~e5MgeJl S. '001
PAGE. 4 Ot: 7
VOTE:
VICE CBAIRMA1~TAYLOR: AYE
CHAlRMA.NWATERS: NAY
BOARD ME)1BER DILLER: AYE
MOTIONv-DlD NOT CARRY.
Brief discussion followed regarding when tbe Agenda Item win be presented to the City
Commission; and possible repercussions from Code Enforcement.
MOTION BY BOARD MEMBER DILLER. "I WILL M.Al(t A MOTION THAT
~~ RECOMMEND THAT A. CODE ENFORCEMENT ACTION BE D'EFERRltO
IN THIS SITUATION UNTIL THIS ITEM - HAS BEEN BROUGHT BEFORE
THE CIn! COMMISSION." SECONDED BY VICE CHAIRMAN TAYLOR.
nISCUSSION.
. VOTE:
CHAlRMANWATERS: AYE
BOARD J\fEM9ER DU..LER: AVE
VICE CHAIRMAN T A nOR: AYE
MOTION CARRlEll.
Mr. 'Whitaker asked about the procedure for obtaining Minutes. Mr. Baker said to Mr.
Whitaker, "If I can get your business card I will fax that to you."
REOtlLAlt
B. R~qlltSt Of NeUE. Staley Represented By Fred Whitson Of Florida Pool
Enclosures For A Variance From The Established 10-Foot 'Rea,r Set Back Building
Setback Line At Lot 142~ Fox Gltlt At Chelsea Park, Tuscawilla Phau 2~ 1547
Braewic.k Street, Wblter Spring., Florida - A pun (plllDn~d Unit Development).
The Agenda Item was introduced by Mr. Baker who stated, "The applicant has not shown
us how he. meets the six (6) criteria. Again, we cenamly want to extend them the
opportunity to demonstrate that they do but we have not seen how they meet those six (6)
criteria." Mr. Baker reviewed the City of Winter Springs Code of Ordinances
requirements pertaining to enclosures. Brief disC\l&&ion.
Mr. Fred W12itso". Florida Pool Enclosures, 140 Ea." Panama Road. Wimer Springs,
Florida: as the representative for the applicant\ he addressed the Board regarding lot and
slab placement; surrounding properties; presented a letter of approval from the
Architectural Control Boar~ and spoke of now the applicant has met each of the six (6)
criteria..
~/C~'~
TC')C h?C' )~n
TrlC ...;:or llAh
hl"'" . fAIT ("'n:n'J'_Jr.li_LIWr-
,..~t;tt. ..,4/.j I
Si
!i
i:
~
~
......11.....\ 11.I1 l'~ ,......... ...,~V4." I
CITY Of WINT'!1l SPRIN05
M""IJTES
BOARO OF -'DJ1JSTM'tl"'T
RE.GtIL.U ME.JiTlNG k OECf.M9EJ\ S, 2002
P",Oi50Fi
Mr. Neil Staley, J 547 Braewick Street, Winter Springs, Florida: spoke of the intent of
the Architectural Control Board approval; and of his neighbor's support.
Discussion followed regarding the utility easement; the owner ha..-ing the slab extended
during original constrUction without the knowledge of setbacks or easementS~ and the
ownersmp of surrounding land. .
Di.5cussion.
Vice Chainnan Taylor spoke of diffieulties seeing "Where you meet the six (6)
lc!4uirements. If you would like to come back up again and go back o"er them again I
lUJd be more tban happy to listen to it. Because I see several tbat I don't believe you
eet" Additionally said by Vice Chainnan Taylor was, "Vou sttted on the first one and r
")tnderstand the buHder built it taj);:lose assuming that you w the
I~th a solid roof on it. And th~cond one I understand 1t wasn't tha.t ou did tha The
.;builder poured the concrete. It wasn't an action from you that caus;)he spec! condition;
J am having trouble with number 3., number 4:'
Brief discussion followed regarding the "Interpretation of number 3."
Regarding number 4. Mr. Whitson said, "I in turn had a little difficulty with number 4. as
far as the interpretation as fax as the reasoning and there again I - apologize up front I did
not come fully prepared this evening. 1 was not aware that I would be asked - to state this
whenever I tined out the application but then again that is behind us now. Number 4. - if
I could get a little help with number 4. a.~ far as an explanation."
Mr. Baker replied. "Would denying this deprive the applicant of rights comrnolily
enjoyed by other properties within the Iuska.willa PUP [Planned Unit Development).
You could still have a por<:h on the back of your house - but he wants to have tllis size
screen porch with a hard roof and be could still have a vtty large screened porch Or he
could have a. smaller screened, porch with a hard roof. So it really doesn't appear that
there is a hardship there." .
Brief discussion.
llpc 2lSid~ A
Further discussion.
Refemng to number 3. of the criteria Board Member Diller read. "That the special
condition and circumstances do not result from the actions of the applicant" and said,
<'Mr. Staley stood there and told us that when he purcbased this home their builder had
intended to put a seven and a balf foot (71/2') slab there and Mr. StaJey asked him to
make it fifteen feet (1 S ') and paid him extra to do it. So I wonder how the situation now
80/90'd
H:~S vcf: ~0v
I~ ).e. 177~ H'l17
t>~ ~c:lT. ("c:lc:I?-?c:I-hIHr
I Hue. 4J.U CJ I
51
e;;
;B
~~
g
?
.~ - -- -- _.. - - - - . .. -. .. - ..
"-"j~'" ~I'~"""""" .............., I
erN OF wtNnP. Sf'lUNOS
MlNUTf5
80ARD Of A.DJUSTMtNT
ap,.O\JLAlt MEUlNG. oeCeMBER~, 1002
MGU OJ' 7
with the slab sticking in tbjs particular zone is not the result of the acts of the applicant
since he is the one that asked bhn to do it."
Mr. Whitson said, "1 can't comment on that sir. Alll know is that the bl.lilder poured the
slab.'!
It was suggested by Mr. Baker that the applicant go back to the Architectural Control
Board "And get that point clarified" regarding their approval of tht screen enclosure with
the hard roof. Board Member DiUer interjected. "Also fOT his own protection:'
MOTION BY VICE CHAIRMAN TAYLOR. UI MAKE A MOTION THAT WE
DENY THE V ARJANCE REQUEST." SECONDED BY BOARD MEMBER
DILLER. DISCUSSION. .
VOTE:
BOARD MEMJER DILLER: AYE
VICE CHAIRMAN T AYLOR: AYE
CHAlRl\1ANWATERS: AYE
MOTION CARRlE),1
Brief discus!;jon ensued with Mr. Whitaker regarding Regular Agenda Item "A".
.:.(. AGEmlA NOTE: THE FOLLOWING AGENDA ITEMS ARE
nOCUMENTED IN THE ORDER THEY vVERE DISCUSSED. .:. (.
ll. CONSENT AGENDA
CO/llSEHT
A. Approval Of The November 12, 200l Re~lar Meeting Minutes.
MOTION BY VICE CIIAlRMAN TAYLOR. "I MAKE A MOTION TO
AJ"PROVE THE MINUTES AS SUBMI'ITED." SECONDED BY BOARD
MEMBER DILLER.. DISCUSSION. WITH CONSENSUS OF THE BOARD, TIlE
MOnON WAS APPROVED.
MOTION CAlUUED.
IV. FUTURE AGENDA ITEMS
This Agenda Item was not discussed.
Qa/JCl'..l
TC'JC n?C' 11A+.
TrJt"" "'':7('" In...
....("" .nT r'nn~.._,"=,n ...Iur
t H\JL- "..11:11 4';,t t
=
ea
t~
~~~
~
_ .::..8i[.~_.ltllOl
~/QOI'-l
V. REPORTS
No Reports were given.
VI. ADllOURNME~T
CrTY OF WlNli1\ SPKlJI10S
MlWUTiS
aOARD of A.oJlJS~T
"CGU~ MU'T1NG -OEC2M8!R 5.1001
, A~ ') 0' 1
MOTION BY BOARD MEMBER DILLER. "1 MAKE A MOTtON WE
ADJOURN." SECONDED BY VICE CHAIRMAN TAYLOR. DlSCVSSIO~.
WITH CONSENSUS OF THE BOARD, THE MOTION WAS APPROVED.
MOTION CARRIED.
Chairman Waters adjourned the Meeting at 8:58 p.m.
RESPECTFULLY SUBMlTTE/):
DE.BBIE GILLESPIE
DEPUTY CtTY CLERK
APPROVED:--
~Ie~/~
cAe c,./t'
~dr
THOMAS W ATE.RS, CHAIRMAN
BOARD Of ADJUSTMENT
"')I
/'?" /
Y ,~,.
I?A ~/e' 'l
S ~~t . C,t'J Ct,.,I,\Bo1l'dl IT'd COn'll'l\ittet4'oBoI...d 1)( "lIjll'lll\cTlt\,f11\MTNlITU\ I 20S02 ~F.CiUtAR.doc
NOTE: The5t Mil\utes wrn ~Pllroved 1t thl\ . 2003 &ol,d or AdjllCII'I'ICT't lteSubt MtttllIS.'
TC')C t>:::>C' JOlt>
TC'JI: ...::or Jr:lh
~
~
p::I
~
.ed
~
t::::I
rr .nT rnn":'_Jn_"lu('
~~.~7='_"i":~' .
,,-
. ATTACHMENT E
cfhndtf 9900/ G"inchsur(J~ @nc.
Variance & Special Exceptions Agent Form
.
As rebites to the application for a Variance and Special Exceptions request on the
B meW Ie lSt.
~ S~r,~f~
I
owner of record of said property hereby
sentative of Florida Pool Enclosures, Inc. to by my duly authorized
agent.
As my agent Florida Pool Enclosures, IDe. wiD handle aD application procedures
including documentation, fees, postings and hearing appearances before the proper
government bodies.
Authorized this~ay of ~--;yea~ ~7 _.t~~
~J\. MBI)' E Luck8rt
. ~ j My Cornnisslon 00158898
~ ~,..'/ expires October 25. 2006
/
ATTACHMENT F ..
ZOOll u-I at 1IInilIarii. ___.-. ~ ~1 '9- ~ at 7~
Anlwri TumerCmlrman
. DarleM.CoweIII ~
DavId Hayward
Judy FIanapn
T g,rNIppet
Marie Harrington ARCHITECTURAL CONTROL BOARD
estDbl/shed in aa:ordana with prwision8 at Didualiml at CAnd/#Dns. eol-lnl8, EIlstmmIs lIIId RestrictIOns, .
Article VI, Section J1, did 30 MIIrc:h J993.
Home Owners Association. Inc.
15371lnulwick Street
Winter Springs, FL 32708
Action by Architectural Control Board.
Date of Meeting: AlV',t. ~ ,./ t?o k.
/.
Notice of MeetiDg Posted 48 hIll prior
/.f~7 7h1wJ~1( J'I .
. The Chelsea Pare at Tl1!IC4wil1a Home Owneis AssociAtion. Inc., Architectural Control Board (ACB) having
received a request to consider proposed action(s) under the jusJsdiction of the ACB and said proposed actions:
requirinq approval of the ACB, the ACB.on this date did amvene for the puipose (s) stated and conSidered the
. proposed actii:m(s). The Architectural Control Board. without Jnf1uence of individual personal prejudice for or
against any proposed action requiring ACBapprovw. the ACB did carefully ~ the request made by:
Proponents
,.
The ACB, in open session. did fully, .fairly 8nd implll'l.ia1ly consider the request of the proponents, the
presentation of comments or opposing. positions by opponent(s) .. [if any)
. opponent .
opponent
opponent
and did additionally consider the request with respect to i1ll impact upon the properties of other members of
the HO)\. the common property of the HO^, and any perceived negallve or positive impact upon the values of
the affected properties, as well as the general welfare and benefit Qf the Community and enhancement of
Proponents property ap~1U'IUlCe and values. .
The Architectural Control Board of Chelsea Pare at Tuscawilla HO^, Inc., after proper notice of the meeting
called, for the purpose of considering the written request of PROPONENT(S), does hereby APPROVE /
DISAPPROVE the requested action and PROPONET may commence work in accordance with the plans and
.specifiCations hereby approved by th1s action of the ACB, but such work shall not begin before the lapse of
. eleven (11) days from date of this approval by the Architectui:al Control Board: .
NOTICE OF APPEAL: (Article VI. Section 11) If any member of the HOA, govequ!d by the Declaration. is not
satisfied with. any ded8lon of the ArchitectUral Control Board. such member may send a written nOtice of
appeal to the iFoard of Directprs asking the Board to review the decision of the ACB. Notice of .my appeal
lllust comply with the provisions of Article VI. Section 11.
. . .. ..r f ;, r IIV ".2 ()()?- .
Done by Majority vote of the Architectural Control Board, this$ll. I J : 61iWlm.
{i~~.~~
. ember, A . ..
.Seaetary, ACB
I~ pp V--
A I'IDrIda CorporaIIoIl ~Cuo- ProIII.'.5. 1.9115 617.so:z