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HomeMy WebLinkAbout2006 12 11 Regular 310 Building Permit 1110 Pheasant Circle COMMISSION AGENDA ITEM 310 Regular December 11, 2006 Meeting MGR. REQUEST: In accordance with Emergency Ordinance 2006-08, the Community Development Department, Customer Service Division, requests the City Commission consider an appeal of a staff decision to deny a building permit on the basis of neighborhood compatibility and harmony involving a proposed two-story addition to the house located at 1110 Pheasant Circle. PURPOSE: The purpose of this Agenda Item is for the Commission to consider an appeal under Ordinance 2006-08. The primary issue is whether a proposed addition at 1110 Pheasant Circle meets the requirements of Ordinance 2006-08, particularly whether the proposed addition is compatible and in harmony with existing single family homes in the surrounding neighborhood with respect to building height. The proposed addition is higher than the existing house. APPLICABLE LAW AND PUBLIC POLICY: Ordinance 2006-08 Section 2. Interim Residential Compatibility and Harmony Regulations. In general, the relevant standard of review under Ordinance 2006-08 is as follows: Before any building permit is issued for the addition, modification, and expansion of any building or structure on a residential lot, the city manager or his designee shall consider and review the plans and specifications to determine whether or not the proposed addition, modification, and expansion is compatible and in harmony with existing buildings and structures on the property and with the surrounding neighborhood. Compatibility and harmony shall be determined based on reviewing the setting, landscaping, proportions, materials, colors, texture, scale, unity, balance, rhythm, contract, and simplicity of the proposed addition, modification, and expansion. Nothing herein shall be construed to prohibit a proposed addition, modification, and expansion that significantly enhances the established residential character of other buildings and structures on the subject property and within the surrounding neighborhood in accordance with the review criteria stated above and commonly accepted architectural principles of the local community. October 9, 2006 REGULAR ITEM 300 CONSIDERATIONS: The owner of the property located at 1110 Pheasant Circle has applied for a building permit to construct a two-story addition to the house. Total square footage of addition is 2,195, 1122 for garage and 1073 for storage. The proposed finish color and material are compatible with the house. The architectural elements proposed for the addition are compatible with the existing house. The applicant has consulted with his neighbors located to the rear of the subject property and has agreed not to install any windows on the rear of the addition in order to accommodate his neighbor's concern for privacy in their backyard. The concern that staff has relative to the proposed addition is that it is higher than the existing house. The existing house is one-story in height. FINDINGS: Staff has reviewed the application for a building permit in accordance with the City Code and the review criteria set forth in Ordinance 2006-08 and has denied issuance of the permit based upon the height of the proposed addition. Most of the surrounding houses are single-story in height. Thus, staff denied the request on October 30, 2006 because it is not compatible and not in harmony with the existing single family homes in the surrounding neighborhood. The Property Owner timely filed a notice of appeal on November 4, 2006. STAFF RECOMMENDATION: Staff recommends the City Commission consider the applicant's appeal of staff s denial and render a final decision on the compatibility and harmony of the proposed addition.. ATTACHMENTS: A - Plot plan of the addition location B - Architectural elevations of the proposed addition C - Architectural elevations of the proposed addition D - Ordinance 2006-08 E - Property Owner Letter F - Picture of Residence G - Picture of Residence COMMISSION ACTION: Attachment A Plot Plan of the Addition Location BOUNDARY SURVEY PHEASANT CIRCLE Attachment B Architectural Elevations of the Proposed Additions WARREN & JUDITH GAGNE S. JEFFREY GILGER Attachment C Architectural Elevations of the Proposed Additions WARREN & JUDITH GAGNE S. JEFFREY GILGER Attachment D Ordinance 2006-08 ORDINANCE NO. 2006-08 AN EMERGENCY ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA; PRESERVING AND PROTECTING EXISTING RESIDENTIAL PROPERTIES FROM ADDITIONS, MODIFICATIONS, AND EXPANSIONS OF STRUCTURES AND BUILDINGS THAT ARE INCOMPATIBLE AND NOT IN HARMONY WITH EXISTING BUILDINGS AND STRUCTURES AND THE SURROUNDING NEIGHBORHOOD; PROVIDING THAT THIS ORDINANCE SHALL TAKE PRECEDENCE OVER PRIOR CONFLICTING ORDINANCES DURING THE TERM OF THIS ORDINANCE; PROVIDING FOR SEVERABILITY, AN EFFECTIVE DATE, AND A SIX (6) MONTH SUNSET PROVISION. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, section 166.041(3)(b), Florida Statutes authorizes the City Commission to adopt emergency ordinances by two-thirds vote; and WHEREAS, the maintenance of the character of residential neighborhoods is a proper purpose of zoning. See Village of Euclid v. Ambler Co., 272 US. 365 (1926); Miller v. Board of Public Works, 234 P. 381 (Cal. 1925); and WHEREAS, through the years, numerous deed restricted residential communities have been permitted and developed within the City of Winter Springs; and WHEREAS, it is apparent from reading the various deed restrictions recorded in the public records of Seminole County, Florida that the deed restrictions were intended, in part, to protect the character of the residential communities by prohibiting uses and structures that are incompatible with residential areas; and WHEREAS, over the years, the City has relied on these private deed restrictions to provide homeowners with regulatory protection that preserves the character and harmony of residential areas; and City of Winter Springs Ordinance No. 2006-08 Page I WHEREAS, because of this reliance, the City has not historically had reason to impose numerous other legislative land use restrictions on existing residential communities within the City, especially in older existing subdivisions that are designated Planned Unit Development like Tuscawilla and Oak Forest~ and WHEREAS, in particular and by way of example of this reliance, the City Commission has previously exempted existing single family residences from the Minimum Community and Aesthetic Review Standards set forth in sections 9-600 et. seq., Winter Springs Code because of the existence of the private deed restrictions~ and WHEREAS, it has come to the attention of the City Commission that some of the older deed restricted residential communities, including Unit 4 of Tuscawilla, have inadvertently allowed their deed restrictions to expire under the Florida Market Record Title Act~ and WHEREAS, the expiration ofthe private restrictions have left some residential communities without any significant regulatory mechanism to protect and preserve the residential character of such communities, especially with respect to additions, modifications, and expansions of existing single family residences; and WHEREAS, as a result, the expired private restrictions have potentially exposed some residential communities to buildings and structures that are incompatible to existing single family neighborhoods and such incompatible buildings and structures may have an adverse impact on the quality of residential areas and upon property values; and WHEREAS, on April 10, 2006, having considered the possible wide ranging negative impact of the expired private deed restrictions on the residential character of some areas within the City of Winter Springs, the City Commission directed the City Attorney and City Staff to draft an ordinance which will establish a comprehensive regulatory scheme that will require all additions, modifications, and expansions of structures within residential areas to be aesthetically compatible and in harmony with the surrounding neighborhood and with the residential character thereof; and WHEREAS, the new ordinance will also likely preclude garages that are not constructed in a manner that is compatible with typical residential construction techniques including, but not limited to, size, materials, and height~ and WHEREAS, the preparation and drafting of the new regulatory scheme requested by the City Commission will take additional time and public hearings before adoption; and WHEREAS, in the interim, the City Commission hereby deems that the expiration of some of the private deed restrictions poses a serious risk to the residential character of the community and City of Winter Springs Ordinance No. 2006-08 Page 2 therefore, the expiration of said deed restrictions poses an emergency situation requiring immediate action by the City Commission to safeguard residential communities; and WHEREAS, the City Commission hereby finds that the preservation of residential communities serves a substantial governmental interest; and WHEREAS, rather than imposing a moratorium on additions, modifications, and expansions of structures within residential areas, the City Commission hereby finds that interim regulations must be enacted by the City Commission until such time that a comprehensive regulatory scheme can be completed to protect the residential communities within the City of Winter Springs; and WHEREAS, the City Commission ofthe City of Winter Springs, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. reference. Recitals. The foregoing recitals are hereby incorporated herein by this Section 2. Interim Residential Compatibility and Harmony Regulations. (A) It is the intent of these interim regulations to promote and protect existing residential developments by prohibiting additions, modifications, and expansions of structures and buildings that are incompatible and not in harmony with the subject property and with the surrounding neighborhood. These regulations shall apply to existing residential land uses and residential principal and accessory buildings and structures located thereon or infill residential development projects on vacant lots within established residential developments. (B) Before any building permit is issued for the addition, modification, and expansion of any building or structure on a residential lot, the city manager or his designee shall consider and review the plans and specifications to determine whether or not the proposed addition, modification, and expansion is compatible and in harmony with existing buildings and structures on the subject property and with the surrounding neighborhood. Compatibility and harmony shall be determined based on reviewing the setting, landscaping, proportions, materials, colors, texture, scale, unity, balance, rhythm, contrast, and simplicity of the proposed addition, modification, and expansion. Nothing herein shall be construed to prohibit a proposed addition, modification, and expansion that significantly enhances the established residential character of other buildings and structures on the subject property and within the surrounding neighborhood in accordance with the review criteria City of Winter Springs Ordinance No. 2006-08 Page 3 stated above and commonly accepted architectural principles of the local community. (C) If the city manager or his designee determines that the addition, modification, and expansion is not compatible and in harmony, the building permit application shall be denied on that basis. The applicant shall have the right to appeal the denial to the city commission. Said appeal shall be filed with the city manager in writing within five (5) calendar days of the denial. Upon review of the appeal, the city commission shall render a final decision on the issue of residential compatibility and harmony. All decisions of the city commission shall be considered final and shall be subject to appeal to a court of competent jurisdiction pursuant to law. (D) These regulations are supplemental and in addition to all other applicable provisions of the City Code. To the extent that these regulations conflict with any other provision of the City Code, these regulations shall prevail and apply. Section 3. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 4. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to City Charter. Section 5. Sunset Provision. This Ordinance shall sunset six (6) months after the effective date unless sooner repealed by the city commission by ordinance. Upon sunset, this Ordinance shall be automatically repealed and shall no longer be in effect. {Adoption Page Follows} City of Winter Springs Ordinance No. 2006-08 Page 4 ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 22nd day of May , 2006. ATTEST: Approved as to legal form and sufficiency for the Ci 'nter Springs only: Effective Date: See Section 4. City of Winter Springs Ordinance No. 2006-08 Page 5 Attachment E Property Owner Letter November 4, 2006 Kim Trench Customer Service Center Manager 1126 East S.R. 434 Winter Springs, FL 32708 To Ms. Trench, I have just been notified that the garage addition to my property located at 1110 Pheasant Circle has been denied a permit due to the height of the garage being higher than the height of the existing home. I wish to appeal the staff s decision due to the addition not as high than other 2 story homes located on the street. The second floor of the addition will not be finished for living area for a few years due to budgetary constraints. In the future when more space is needed it will be cheaper to request a permit and finish the second floor than to construct a new addition. We have taken the opinions of the neighbors into consideration in designing the addition for future use. We have not placed any windows on the north facing side of the addition to respect the privacy of the neighbors located directly behind us. We would not like anyone looking into our rear yard, so we have designed the addition so as not to look into their yards. We have designed this addition to blend in with the neighborhood. The roof will be the same pitch and material (architectural shingles) as the main house. The windows at the front will be identical to the existing home including shutters. The exterior will be upgraded stucco finish painted the same color as existing home. The garage door will be side facing and not able to be seen from the street. If the door appears too high when the addition is completed a trim panel will be added that will make the door appear the same height as the existing door. The garage has been designed to hold a motor home. We do not wish to park it outside due to RV's and/or boats parked in rear yards detracted from the neighborhood appeal. I therefore ask that my request for approval be on the next agenda. I currently have a number of signatures of the neighbors on and around Pheasant Street which have approved the look and appeal of this addition. A number of them are currently in the planning stages for similar additions. This is a great neighborhood to live in and the neighbors would rather add on to their existing homes than move. I have attached two additional photographs and one sketch showing the view of the addition from the street. If you have any questions; please call me at 407-461-9120. Sincerely, Warren Gagne' 1110 Pheasant Circle Winter Springs, FL 32708 warrengagne@yahoo.com Attachment F Picture of Residence TOP OF LADDER IS 27 FEET ABOVE THE GROUND, SAME HEIGHT AS PROPOSED ROOF OF ADDITION Attachment G Picture of Residence ADDITION AS VIEWED FROM PHEASANT CIRCLE STREET LEVEL