HomeMy WebLinkAbout2003 03 10 Regular B Front and Rear Setback Violation
COMMISSION AGENDA
ITEM B
CONSENT
INFORMATIONAL
PUBLIC HEARING
REGULAR X
03/1 0103
Meeting
~~
MGR IDEPT
REQUEST: The Community Development Department presents a request for variances by
James and Adele Kelsay from sections 6-2, 20-103, and 20-186 of the City Code of
Ordinances, to allow the Kelsays to care for Ms. Kelsay's grandmother. The variances would
(a) allow the existing house to remain encroaching approximately 2 feet into the 25 foot front
yard and (b) encroach 10 feet into the 25 foot rear building setback to construct an additional
bedroom on the concrete slab where an existing screened porch with an impervious roof is
located at the rear of the house. An alternative location for the new addition, one which would
encroach only 2 feet into the rear building setback, is also addressed.
PURPOSE: The purpose of this agenda item is to first address the existing non-conforming
situation (front and rear setback violations) and then address the request to allow expansion of
this non-conforming building (Lot 16, Block E, North Orlando Terraces, Unit 1, Sec. 2,
depicted in Plat Book 16, Pages 64 of the Public Records of Seminole County, Florida). The
applicable 25 foot rear building setback is set forth in the R-l zoning regulations (Section 20-
186), cited above.
The pool deck encroachment into the 10 foot utility easement is a separate issue (not addressed
in this item~. The shed has been removed and is no longer an issue.
CONSIDERATIONS: The applicants wish to add a bed room for Ms. Kelsay's
grandmother, who currently lives in the house with the Mr. and Ms. Kelsay and their children.
In 2002, the voters amended the state Constitution to provide property tax relief for
construction or reconstruction of property for the purpose of providing living quarters for one
or more natural or adoptive grandparents or parents of the owner of the property or of the
owner's spouse if at least one the grandparents or parents for whom the living quarters are
provided is 62 years of age or older.
In response to staff suggestions, the applicant investigated constructing the addition on the side
of the house. Due to the way the existing floor-plan (the way the rooms are laid out) a hallway
would need to be constructed along the rear of the house. The architect has stated that the
outside of the hall needs to extend up to 6 feet off the rear of the house to provide an adequate
internal dimension. This would entail a variance to encroach as much as 2 feet into the rear
February 6,2003
Regular Item B
Page 2
building setback to accommodate this hallway. This compromise was accepted and
recommended by the BOA and staff as consistent with the concept that variances, if granted,
should reflect the minimum necessary to accomplish a specific need.
APPLICABLE LAW AND PUBLIC POLICY:
Florida Constitutiion
Sec. 6-2. Complia.nce with Chapter [Chapter 6].
Sec. 20-82. Duties and powers; general.
Sec. 20-103. Restrictions upon lands, buildings and structures.
Sec.20-186. Front, rear and side yard regulations.
CHRONOLOGY:
1973
- Single family residence constructed
1981
- Pool & pool deck patio constructed
1997
- Screen porch constructed
2000
- Kelsays purchase house and property
January 23,2003 - Variance application was received by City.
February 6, 2003 - BOA hears request and makes recommendations to City Commission
FINDINGS:
1) Lot No. 16, Block E, North Orlando Terrace, Unit 1, Section 2, is within the
R-l zoning district and Moderate Density Residential Future Land Use
designation (3.6-6.5 D.U./acre).
2) The required front and,rear yard building setbacks are 25 feet, as set forth in
Section 20-186 ofthe City Code. A note on the faces of Plat Book 16,
Pages 63 and 64 states "ALL LOTS ARE A MINIMUM OF 60.0 FOOT
'NIDE AT A 25.0 FOOT BUILDING SETBACK LINE."
3) The applicant requested a variance to encroach 10 feet into the 25 foot rear
building setback and approximately 2 feet into the 25 foot front yard
building setback (setback encroachments that have existed since before the
Kelsays purchased the house). Staff suggested several alternatives and the
applicants investigated these with an architect. The BOA recommendations
reflect a solution that incorporates one ofthe staff alternatives.
4) A variance requires compliance with all six (6) criteria outlined in Code
Section 20-82 (staff does not believe that the request to encroach 10 feet
into the 25 foot rear building setback meets any of the 6 criteria - the
proposal recommended by the BOA appears to meet the criteria):
February 6, 2003
Regular Item B
Page 3
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;
The site is an existing non-conforming situation - all of the non-
conformities occurred before the Kelsavs purchased the house. If
the house were to be expanded, available space on either side of the
house exists for a substantial room. Both locations (sides) are more
expensive that the applicant's original proposal. The applicant has
indicated interest in constructing a room on the side of the house, as
suggested by staff, but states that, due to the internal layout of the
house, the addition would need to be connected with a hallway at the
rear of the house. An architect has stated that to provide an adequate
internal hallway width, the exterior ofthe addition would need to
encroach as much as 2 feet into the rear setback. Staff believes the
request meets criteria set by Code. The internal layout of the house
renders other alternatives for adding a room for the grandmother
impossible for all practical purposes.
b) that special conditions and circumstances do not result from the
actions of the applicant;
The applicant did not create the situation. The builder and previous
owner created the non-conformity.
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;
Granting the variance to the existing front setback encroachment for a
mistake from 30 years past would not confer a special privilege; to
expand the non-conforming structure 10 feet into the rear yard would
confer special privileges upon the applicants; to allow the existing
screened room with an impervious roof to remain and receive routine
maintenance, would not confer any special privilege; to allow the
hallway structure (leading to a new room or rooms on the side of the
house) to encroach as much as 2 feet into the rear building setback of
this 30 year-old non-conforming structure is the type of variance that
maintains the integrity of the Code, while allowing a reasonable
action - therefore staff does not feel that a special privilege would be
conferred.
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;
February 6, 2003
Regular Item B
Page 4
A literal interpretation of the provisions of this chapter may be
considered to deny the applicant's rights and may be considered to
constitute a hardship - in terms of the 2 foot encroachment into the
front setback or the 2 foot encroachment into the rear setback. The
existing non-conforming situation may be maintained indefinitely as
long as the non-conformities are not destroyed or demolished.
e) that the variance granted is the minimum variance that will make
possible the reasonable use of the land, building or structure.;
and
There is already reasonable use of the land, building or structure, but
the variance to the existing front setback encroachment and the 2 foot
encroachment into the rear setback to add a hallway appears to be a
reasonable solution and the minimum that does not penalize the
applicant. The BOA and staff do not recommend a variance to the
existing screen porch encroachment - only to allow it to remain as a
non-conforming structure, to receive normal repair and maintenance,
but not to be replaced.
f) 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.
To grant the original request for a 10 foot variance would be
inconsistent with the intent and purpose of and undermine the code.
Staff believes that the 2 foot front and the alternative 2 foot rear
variance, given the layout of the existing house that was built 30
years ago, before the owner purchased it, would be consistent with
the purpose and intent ofthis chapter, would not be injurious to the
neighborhood, and would not be injurious to the public welfare.
STAFF RECOMIVlENDA TION:
Staff found the original variance request to build a room addition over the site of the existing
non-conforming baek porch addition inconsistent with the 6 criteria necessary for granting a
variance and recommends denial of the request.
Staff does, however, recommend approval of (1) a variance from the existing approximately 2
foot front yard encroachment and (2) as much as a 2 foot rear yard variance to allow
construction of a hallway to lead to an addition on the northwest side of the house.
Staff recommends that the existing rear porch remain as a non-conforming structure - to be
either maintained or removed, but not to be replaced, except if it were replaced as a screen
enclosure (as set forth in Ordinance No. 2002-31).
February 6, 2003
Regular Item B
Page 5
ATTACHMENTS:
A - Plot plan/"Land Description"
B - Variance application
C - Applicants' supporting documentation
D - BOA Minutes
BOA RECOMMENDATION: At its regularly scheduled meeting of February 6,2003, the
City of Winter Springs Board of Adjustment (BOA) heard the variance request and made and
passed three (3) separate motions to address the situation. The first motion was to approve a
variance to the existing 2 foot front yard encroachment into the 25 foot front building setback.
The second motiolll was to deny the request to build a new addition 10 feet into the 25 foot
rear yard setback, but (as an alternative) to recommend approval of a variance for a 2 foot
encroachment to allow for a conforming room to be built on the northwest comer of the house.
The third motion was to recommend that the existing rear porch remain as is and repaired as
needed and not to be altered in any way except for the addition of an entryway [the hallway] to
the additional room to be located on the northwest comer of the house.
CITY COMMISSION ACTION:
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ATTACHMENT B
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'BOARD OF ADJUSTMENT APPLICATION ~
! CITY OF WINT~R SPRINGS 0'
.' 112 6 EAST STATE ROAD 434 3 /I a
:WINTER'SPRINGS. FL 32708-2799 ~.
(407)327-1800
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FOR:
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SPECIAL EXCEPTION
VARIANCE;
'CONDITIONAL USE
ADMINISTRATIVE DECISION
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1. APPLICANT: ~l~+ 'f\~ \<e.~~ :;' ' 'P~QNE4a-j~?;J.7-~5't3
. AD~RES~: Qc;t\:b'IC~ ,\€fT~:: lA)',~~er'~en~" "'~~' ~;),7t/l.
21,s ilDPOSE OF REQUEST: I tAd ~ rrn~ t:r ffili. ~\(j~\ (5k.
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3. ATTACH A COPX OF THI~ PARCEL SURVEY..,
4. ATTACH AN II x l7 MAP S~OWING THE SUBJECT PROPERTY AND
SURROUNDINO PARCELS.
.,1
5. ATTACH LEOAL'DESCRIPTION.~
6. TAX. PARCEL ~DENTIFi6ATioN NU~BE~i ';;3t2/....~S~':? OECiJ O/W
. . '. .
7.. LOCATION 'OF PARCEI~. (StreetAdd~eB'S . and/ir ,:Nearest Cross
Streets):. f)(h 'F\',("<h T-errtA~1 l~.;Ai-~r.T\~<".t:.' '. .
8. PRESENT ZONING:______
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FUTURE ,L~ND.USE:
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B,Y Signing below' I u'nderstand that CHyoe"Winter Sp~ings Officials
may enter upon .my. property to inspect that' p'ortion, as relates to
~his application:
.
(If the applic~nt is not the. owner 'of the subject property, the
applicant must att"ach' a letter of authortzation signed by the
owner) .
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PERSbNS ARE ADVISED THAT, I~ THEY DECIDE TO AP~EAt ANY, bECISIONS
HADE AT THESE HEETINOS!HEARINGS, THEY WltL NEED A ,RECORD OF THE
PROCEEDINGS AND FOR SUCH PURPOSE, THEr WIL~ NEED TO INSURE THAT A
VERBATIM'RECORD .OF TH'E PROCEEOINGS IS.MAOE, 'AT'THEIR 'COST, HHICH ,. .
INCLUDES THETESrIMONY AND EVlbENCE tiPbN NHICH THE APPEAL IS TO BE.,:~~
BASED, PE'R SECTION 286.01()S, FLORIDA'STATUTES '
SECTION 20-84 - APPEALS FROM DECI~IONS OF THE BOARD OF ADJUSTMENT
(1) An~ p~rson, or persons,' jointly or severally agirieved by
any decision of the Board of Adjustment may, within thirty (30)
da.ys after the filing of any decision in the office of the Board of
Ad'jlistment, but not therl!after, apply to' the 'City Council for
admini s t ra ti ve r:e'li e f . After a hear1l\g .bet o,~e 't'l).El-. CHy Council an
a9grieve~ party may, \'Iithin thirty (30) days a'f,hr'the decision of
th~ city Council; file an appeal with a court of c-ompetent
jurisdiction over the subject m~tt~r. .
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APPLICATION INSTRUCTIONS .
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A. staff. Reporl ~ill be developed for e~ch' Application. The
Appllc~nt sho~ld b~ piepared to addre~s each of the issues. provided
below for Vadance 'requests.
In order to grant a variance, the.Board of ~djus~ment must ~ake th~
following findirt~s of fact:
l. That s~ecial'conditions and circumstances exist which are
peculiar to the la:nd. structures ,or bUil~inas "involved and
which are' not a~c,lica:ble to other lan_so structures or
buildinas ih the same zonina dist~ict. .
2. That special conditions and' circumstances do not result
ftom the ~ctions of .the applicant.,
3, That arantlna the variance requested will not confer on
the appl icant any speoial pr1vil eae. that is denied b~ this
chapter to other lands, buildinqs or structures in the same
zonina d1-str1ct,
4, . That.. literal interpretation of ,the provisions of this
chaot.r would depiiv~. the appli~ant of tiahls commonly enioyed
by other properties in. the same zonina district under the
ter~s of this cha~ter and would'~ork unnecessarYh~rdship on
the ,applicant, ....:
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5. TlJat the'vadanc:e arantecl is the minimum variance .that
will make ribssible. tha reasonable ~se of thi l~nd, buildina or
structure'. '.
6... That the ar-ant of the var'ianoe wl1'1 he: in'harmony with the
'qenera'l- intent and PUrpos.e: of this chapter'; will not be
iniUrious to the'n'eiahb6rhood,or otherwise detrimenta'l to the
pubLicwe1hre.' ..
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;JJ!..' .. Th~ .'r'equest 'must. be.cf~~i:tent wifh the. obiecHves and'
~olicies 'of.the'Comprehens_~e ~la:n~'. ..
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THE APPLICANT' IS RESPONSIBL,E FQR PROVIDINO THE CrTY !'11TH, THE NA!'lES
AND .ADDRE;$SES OF EACH PRQPERTY. OHNER 'HI.Tli'IN. '150 FT. OF EACH
P~OPERTY LINE BY THE SCHEDVtED~I~E. .
- . ..' . , ,
THE APPLICANT IS RESPONSI-BI.E TO POS'r THE. BLUE NOTICE CARD ON THE i
'SITE AT LEAST SEVEN DAYS PFtIOR :TO:''l'HE .BOARD. OF :ADJU'STHENT MEETING) ,f
., 'AT WHICH 'THE HATTER WILL BECONSIPEREO: SAID 'NOTI~E SHALL NOT BE'.'
POSTED HITHIN. THE. CITY' RIOHTS:'OF'-:-!iAY.. '.: .
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; jIVA INFORMATION SYST~MS
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APN................. :
DATE............... :
PERMIT. . . . . . . . . . . . . :
PROP. DEVELOPMENT..:
SITE ADDRESS.......:
SUBDIVISION........ :
OWNER. . . . . . . . . . . . . . :
ADDRESS. . . . . . . . . . . . :
CITy/STATE/ZIP..... :
FEE CODE DESCRIPTION
ZP_VARIANC VARIANCE
YRIGHT KIVA 1997 - 2003
KIVA REPORTING SYSTEM
FEE LISTING
RUN DATE: 23-JAN-03
RUN TIME:03:17:48
PAGE:' 1 OF 1
032130S030E000160
23 -JAN - 03
VARI T2003001
VARIANCE FROM ZONING CODE
200 BIRCH
NORTH ORLANDO TERRACE UNIT 1 SEC 2
KELSAY JAMES H & ADELE C
WINTER SPRINGS FL 32708
TYPE
-
QUANTITY
FACTOR
FEE AMOON'l'
$500.00
TOTAL FEE ANT
$500.00
1
TOTALS:
$500.00
d#
V.iOR
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*1~LIVE***REF~ESHtD Bl/liIBJ** XISC
UISCElLRNEOUS CHSH RECEIPTS
Date / Time : 01/e3/e3 15:38
Payment : $588 8B
Receipt #. : 362e76
ChecklC~edit Card B: 4388
ylr:fk : dascano
f'iud By : KEL.3th I Hbc.Lt
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.ATTACHMENT C
Adele Kelsay
200 Birch Terrace
Winter Springs, Fl 32708
RECEIVED
FEB 2.4 2003
CITY OF WINTER sPRINGS
Permitting - Mike
City of Winter Springs
Board of Commissioners
1126 E. SR 434
Winter Springs, Fl 32708
February 17, 2003
At the February 6, 2003 meeting, the Board of Adjustment addressed our request for a variance to enclose
the screen room, at the rear of our house, for the twofold purpose of clearing up an ambiguity relative to
the screen room and to provide a bedroom for our 82 year old grandmother. While recommending the
existing screen room to lremain "as is"( allowing for repairs only) Jo1m Baker, Planning Coordinator,
found that the proposal to enclose the room did not meet t.4e six criteria required to grant a variance.
However, the issues of construction/additions for elderly, family housing accommodations, inherent in the
recent adoption of Amendment 7, were not considered in the variance criteria.
The Board of Adjustment and Mr. Baker worked with us on an alternate plan, which would add two feet
to the rear setback. While possible, this plan is more costly and disruptive to the flow of the house. The
original plan, to extend ten feet into the variance, is the most economical solution. We appreciate the
concern, dillgence and fi:>cus expended, on our behalf, by the Board of Adjustment and John Baker and we
will work with whicheve:r variance proposal this Board will grant.
~h
Adele Kelsay
statutes->Constitution: flsenate.gov
Page 34 of71
SECTION 4. Taxaticmi assessments.--By general law regulations shall be prescribed which
shall secure a just valuation of all property for ad valorem taxation, provided:
(a) Agricultural land, land producing high water recharge to Florida's aquifers, or land used
exclusively for noncommercial recreational purposes may be classified by general law and
assessed solely on the basis of character or use.
. (b) Pursuant to general law tangible personal property held for sale as stock in trade and
livestock may be valued for taxation at a specified percentage of its value, may be classified for
tax purposes, or may be exempted from taxation.
(c) All persons E.;!ntitled to a homestead exemption under Section 6 of this Article shall have
their homestead assessed at just value as of January 1 of the year following the effective date of
this amendment. This assessment shallchange only as provided herein.
(1) Assessments subject to this provision shall be changed annually on January 1st of each
year; but those changes in assessments shall not exceed the lower of the following:
a. Three percent (30jo) of the assessment for the prior year.
b. The percent change in the Consumer Price Index for all urban consumers, U.S. City Average,
all items 1967=100, or successor reports for the preceding calendar year as initially reported by
the United States Department of Labor, Bureau of Labor Stati?tics.
(2) No assessment shall exceed just value.
. (3). After any change of ownership, as provided by general law, homestead property shall be
assessed at Just value as of January 1 of the following year. Thereafter, the homestead shall be
assessed as provided herein. .
(4) New homestead property shall be assessed at just value as of January 1st of the year
following the establishment of the homestead. That assessment shall only change as provided
herein.
(5) Changes, additions, reductions, or improvements to homestead property shall be assessed
as provided for by general law; provided, however, after the adjustment for any change, addition,
reduction, or improvement, the property shall be assessed as provided herein.
(6) In the event of a termination of homestead status, the property shall be 'assessed as
provided by general law. .
(7) The provisions of this amendment are severable. If any of the provisions of this
amendment shall be held unconstitutional by any court of competent jurisdiction, the decision of #f' ~
such court shall not affect or impair any remaining provisions of this amendment. , , ~
(d) The legislature may, by general law, for assessmerit purposes and subject to the provisions.:: ::, ~
of this subsection, allow counties and municipalities to authorize by ordinance that historic ,.' :.:. '. ,::,
property may be assessed solely on the basis of character or use. Such character or use .' :' ,::;:::'.
assessment shall apply only to the jurisdiction adopting the ordinance. The requirements for ,',::-: ' '.
eligible properties must be specified by general law. .: ~ . " .
(e) A county may, in the manner prescribed by general law, provide for a reduction in the ',:"
assessed value of homestead property to the extent of any increase in the assessed value of that .
property which results from the construction or reconstruction of the property for the purpose of
providing living quarters for one or more natural or adoptive grandparents or parents of the owner
of the property or of the owner's spouse if at least one of the grandparents or parents for whom
the living quarters are provided is 62 years of age or older. Such a reduction may not exceed the
lesser of the following: .
(1) The increase in assessed value resulting from construction or reconstruction of the
property,
(2) Twenty percent of the total assessed value of the property as improved.
History.--Am. SJ.R. 12-E, 1980; adopted 1980; Am. H.J.R. 214, 1987; adopted 1988; Am. by
Initiative Petition filed with the Secretary of State August 3, 1992; adopted 1992; Am. H.J.R. 969,
1997; adopted 1998; Am. proposed by Constitution Revision Commission, Revision No. 13, 1998,
filed with the Secretary of State May 5, 1998; adopted 1998; Am. C.S. for H.J.R. 317, 2002;
adopted 2002.
SECTION S. Estate,. inheritance and income taxes.--
(a) NATURAL PERSONS. No tax upon estates or inheritances or upon the income of natural
persons who are residents or citizens of the state shall be levied by the state, or under its
authority, in excess of the aggregate of amounts which may be allowed to be credited upon or
deducted from any similar tax levied by the United States or any state.
(b) OTHERS. No tax upon the income of residents and citizens other than natural persons shall
be levied by the state, or under its authority, in excess of 5% of net income, as defined by law, or
http://www.flsenate. gov /Statutes/index,cfm ?Mode=Constitution&Submenu=3&Tab=statutes
2/1412003
Property Appraiser Get Infonnation by Parcel Number
C . Page 1 of 2
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GENERAL
Parcelld" 03-21-30-503-0EIJQ:. Tax District" W1-WlNTER .
" 0160 " SPRINGS
Owner' KELSAY JAMES H & Exemptions: OO-HOMESTEAD
" ADELE C
Address: 200 BIRCH TER
Clty,State,Z1pCode: WINTER SPRINGS FL 32708
Property Address: 200 BIRCH TER \'\IINTER SPRINGS 32708
Subdivision Name: NORTH ORLANDO TERRACE UNIT 1 SEC 2
Dor: 01-SINGLEFAMILY
2003 WORKING VALUE SUMMARY
Value Method: Market
Number of BUildings: 1
Depreciated Bldg Value: $64,605
Depreciated EXFT Value.: $8,490
Land ,Value (Ma'rket): $13,000
Land Value Ag: $0
Just/Market Value: $~,095
Assessed Value (SOH): $86,095
Exempt Value: $25,000
Taxable Value: $61,095
· SAI_ES
Deed Dafoe Book Page Amount Vac/lmp
CORRECTIVE DEED 01/2001 03989 .0429 $100 Improved
WARRANTY DEED 11/2000 03958 0585 $32,700 Improved
QUIT CLAIM DEED 04/2000 03900 1684 $100 Improved
SPECIAL WARRANTY DEED 03/1993 02665 1043 $51,200 Improved
WARRANTY DEED. 0711992 02456 0363 $100 Improved
CERTIFICATE OF TITLE 06/1992 02440 0304 $78,600 .Improved
QUIT CLAIM DEED 09/1989 02107 0311 $100 Improved
WARRANTY DEED . 10/19i~8 02010 0910 $68,500 Improved
WARRANTY DEED' 04/19a5 01629 0166 $62,000 Improved
WARRANTY DEEP 0211984 01526 1476$57,900 Improved
WARRANTY DEED 09/19;rs 01187 0339 $35,000 Improved
WARRANTY DEED 01/19j75 01043 0272 $31,000 Improved
Find Com arable Sales within this Subdivision
. LAND
Land Assess Method Frontage Depth. Land Units Unit Price Land Value
LOT 0 0 1.000 13,000.00 $13,000
2002 VALUE SUMMARY
2002 Tax Bill Amount: $1,100
2002 Taxable Value: $61,888
!
Bid Num Bid Type Year Bit Fixtures ross S
1 SINGLE.FAMILY 1973 6 1,8 1,305
Append.age '. Sqft OPEN PORCH FINI&HED
Appendage I Sqft GARAGE FINISHED /504
EXTRA FEATURE
Description Year Bit Units' EXFT Value Est. Cost New
";:>POOL GUNITE 1981 512 $4,608 $10,240
COOL DECK PATIO 1981 288 $454 $.1,008
~ ALUM SCREEN PORCH W/CONC FL 1997 504 $3,428 $4,284 /"
LEGAL DESCRIPTION PLAT
LEG LOT 16 BLK E NORTH ORLANDO TERRACE
UNIT 1 SEC 2
PB 16 PG 64
. .
Ext Wall .Bld Value Est. Cost New
B/STUCCO FINISH $64,605 $73,834
--. .)
Petition
In the matter of allowing a variance of 12.5 ft. at the South West
(rear) of residential structure, located at 200 Birch Terrace; Parcel,
ill # 0321305030E000160; lot 16,block E., North Orlando
Terrace; owned by James and Adele Kelsay, for the purpose of
adding an additional bedroomlbathlscreen room: we, the
undersigned, adjacent, property owners are not opposed to the
above described variance request..
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Petition
In the matter of allowing a variance of 12.5 ft. at the South West
(rear) of residential structure, located at 200 Birch Terrace; Parcel,
ill # 0321305030E000160; lot 16,block E., North Orlando
Terrace; owned[ by James and Adele Kelsay, for the purpose of
adding an additional bedroomlbath/screeti room: we, the
undersigned, adjacent, property owners are not opposed to the
above described variance request.
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Petition
In the matter of allowing a variance of 12.5 ft. at the South West
(rear) of residential structure, located at 200 Birch Terrace; Parcel,
ill # 0321305030E000160; lot 16, block E., North Orlando
Terrace; owned by James and Adele Kelsay, for the purpose' of
adding an additional bedroom/bath/screen'room: we, the
undersigned, adjacent, property owners are not opposed to the
above described variance request.
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Adele & James Kelsay
200 Birch Terrace
Winter Springs, FL 32708
Winter Springs Board of Commission
1126 E. SR 434
Winter Springs, FL 32708
February 5, 2003
Dear Board Members
The January 23rd introduction and outline of our formal request for a variance, while accurate, doesn't
fully tell you about us... the Kelsay family.
We've lived in our Wintl~r Springs neighborhood for more than 16 years. We have bought and sold three
homes, within walking distance of each other, improving each and raising the value of each property -
thus the prestige of our total neighborhood: and this is were we want to stay.
This area of Winter Springs is where we bought our first home, raising James & Tiffany Kelsay and made
fast and enduring friendships with our neighbors. We did not have to pled, our neighbors to sigh our
petition for variance... all[ we had to do is ask. We have dance at weddings, cried at funerals, shared
holidays and have just be:en there for one another, from No. Alderwood S1. to Boxwood Circle to Birch
Terrace and beyond.
Improving our home is important to us. Large or small - our standards are high and our family goals are
always to make things be:tter. Our grandmother has come to live with us, now. She provided a home for
her mother, until she passed away a few months before she was 100. I believe my deserves the same loving
care. My grandfather, a ,;vw:rr, ex-POW, struggled to live an extra day... an extra hour to prevent his wife
from being alone. We promised him to care for her always and we will. My grandmother has had to leave
her home as she is 82, al1ld unable (per doctor's orders) to live alone. She needs care, but also the dignity
of her own space. My husband and I are sleeping on sofas, in the living room and we're not even mad at
each other!
Say yes to our request and you will be validating the values mandated, in the November 2002 election,
where voters elected to gilve tax breaks to families housing for the elderly. As outlined in paragraphs 1
thru 7 Of our fonnal request, we are not seeking a variance that requires large intrusive use or that would
be out of harmony with existing codes. We are asking you to support our family values, so pleaSe say yes!
Sincerely yours,
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Adele Kelsay
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January. 23, 2003
Winter Springs Board of Adjustment
1126 East S.R. 434
Winter Springs, Florida.32708
SUBJECT: Kelsay Variance Application
To The Honorable Members of the City. of Winter Springs Board of Adjustment:
. We are requesting a year yard variance.-of a dimensional nature. in order to affirmatively
permit the screen room which was made a part of our home in 1997 prior to our purchase
of the lot and home in 2000. The variance is al.lowed under Section 9-S'of the City Code,
We are also requesting that the variance include the ability to enclose the screen room
and include an area that runs from the rear of the screen room both northward and
southward to the imaginary line running eastward .and westward from the northwest and
southwest corners of our house thereby intersecting with the line of the rear of the screen :
room thereby extending the area of the screen room. The intent of this variance is to clear
up any ambiguity relcltive to the current screen room and ensure that we can include the
area, as expanded, in order to construct a room in which Adele's eight-two (82) year old
grandmother may reside. Adele's grandmother has severe emphysema and Alzheimer's
disease. All of oursiblings have young children and/or can not otherwise feasibly take care
of Adele's grandmother while our children are older and, thus, our home is the place of
necessity as to the continued well being of Adele's grandmother.
In addition to the above introductory statement, we provide the Board the following'
reasons, as required in the City's variance application form and Section- 9-5 of the City
Code, to support application for rear yard setback variance for Tax Parcelldentifieation
Number 03-21-30-503-0EOO-0160 located at 2000 Birch Terrace in the City of Winter
Springs:
....,.
"
Winter Springs Board of Adjustment
January 23, 2003
Page 2 .
(1) The conditions and circumstances relating to the parcel for which the variance is .
requested (our lot) are peculiar in that the untypical configuration ( shape) of the lot makes
the placement of struCtures and buildings problematic. Thes~ problems are not applicable
to most other lots which are typically configured in a more uniform manner and regular
shape. The lot is about three times as wide at the rear lot line a.s it is at the front lot line.
The rear lot line is 10n~Jer that the side lot lines. The vast majority of subdivision lots have
a much more uniform size and configuration. . Thus, there are clearly specia.1 con~itions
relating to the lot which we have not created. The attached petitions of support from' all
proximate neighbors whose opinions would be pertinent to the application before the
. .Board of Adjustment indicate that the special conditions and circumstances relating to our
lot and our application have been noted and appreciated by these reasonable people.
Please see the attacheid petitions that have been attached as an exhibit to. our application.
We genuinely appreciate the support of our .neighbors.
(2) The special conditions and circumstances that relate to our lot and the circumstcinces
relating have not been caused by us. Likewise, when we purchased the lot in the year
2000,. the screen porch was in' place and permitted when we purchased the ho~e and lot
(as indicated by the attached exhibits noting th~t the porch was incorporated into the
taxable value of the lot in 1997). The condition that we bring before the' Bq~rd of
Adjustment has not bHen self imposed. .
(3) The granting of. thl3 variance will not confer any special benefit relative to our lot or to
us.. The dimensional variance is one which is' commonly granted under sound and
generally accepted planning. and land develoPllJent practices implemented by local
governments throughout the State of Florida and the United States. Dimensional variances .'
are not deemed to be spedal Concessions or benefits to. lot owners. Dimensiom:lI.
variances, when reasonable and justified such as the one that we request, are normative
land use actions that boards and commissions, such as the City of Winter Springs Board
of Adjustinent~ normally and routinely confer and grant to property owners such as us. We
are requesting this variance to be able to take cate of a loved elderly woman and not to
. increase the value of the lot or any other purpose of a similar nature.
(4) It is clearly not unusual for lot owners to add screen rooms or other rooms to their
home, in which to house expanded families, motherlfather in laws, or grandmothers. That
is all that we are requesting. The literal and strict application of the City Code would deny
us a use that is very common to other lot owners who own more normally configured lots.
The denial would result in a hardship to us in that the preexisting screen room would be
in an ambiguous situation and we would not be able to care for Adele's. grandmother and
her grandmother would be denied loving care in her last years of life. Public policy in
today's world .encourages families to take responsibility over the care of their family
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Winter Springs Board of Adjustment
. january 23, 2003
Page 3
members in need sUlch as Adele's grandmother. That is what we are trying to do.
(5) We are not seeking a large and intrusive use on.our property~ The request that we
make is the minimum that will allow the reasonable and normative use of our property in
a manner that is taken. for granted by most lot owners. The support of our neighbors as set
forth. in the petitions that we have provided to you for your consideration as exhibits
indicate that we are not overreaching and are requesting only that approval that is
reasonable under the circumstances. It is only reasonable for a lot owner to be able to
have a screen room or a room that is added to hous~ a loved one or a growing family.
That is all we are trying to do.
(6) The rationale for the requirement that the grant of the variance be in harmony with the
general intent and purpose of the Code and not.injure the neighborhood orbe a detriment
to the public welfare! is to ensure that the granting of the variance does not hurt the
property values of proximate neighbors; We are grateful that our neighbors have joined
in our application as indicated in the attached petitions of support. We are certain that the
opinions of our neighbors would be less favorable to our application if the variance would
reduce their property. values. The grant of the variance Will not reduce the property values
of our the properties owned by our neighbors as the use that we have and propose to the
City of Winter Springs Board of Adjustment.is in harmony with the uses of our neighbors.
Our use has and will blend in very well with our neighborhood. That is our goal. The
support from our neiglhbors indicates that the variance will not hurt our neighbors or their
investment in their property. We appreciate the support of these reasonable people who,
justifiably, could object if the variance would reduc,e the value of their properties. We are
working in harmony and cooperation with our neighbors.
(7) The Code of the City of Winter Springs, which includes the City's land development
regulations such as the subdivision regulations of the City, are consistent with the City's
Comprehensive Plan. That is required by State law; The goals, objectives and policies
ofthe City's Comprehensive Plan are designed to work harmony in the neighborhoods bf
. the City. That is the purpose of sound. land use planning. The support of our neighbors
indicates that the harmony sought in land use actions will occur when our variance is
granted. The goals, objectives and policies of the City's Comprehensive Plan will be
furthered and advanced and the use on our lot and the abutting lots will be compatible
and not in conflict. Wl9 'Nm live in a harmonious neighborhood that reflected sound land
use deCisions. Accordingly, the Code and the Comprehensive Plan will be consistent with
the Board of Adjustment1s action in granting our request for a variance.
In summary, in our ViElW our application meets the requirements of Section 9-5 of the City
Code pertaining to variances and we believe that the' Board of Adjustment; while acting in
".
'.
Winter Springs. Board of Adjustment
January 23, 2003
Page 4
a reasonable and fair manner, will approve our application for avariance. The granting of
the variance will resolve any ambiguities with regard to our lot and house as currently
configured and, more importantly, will allow us to house and care for Adele's grandmother
. 'in a manner in which she deserves and that we, as accountable people, should ensure.
We assert that we are asking for a land use approval which, in actuality; accomplishe~ a
positive societal goa.lwith regard to familial accountability. We also assert that we request
an actions that is well grounded in sound and generally.accepted land use planning and
. development prinCiples.
We respectfully request the' City' of Winter Springs Board of Adjustment to 'grant our
request for a variance as aforestated. We appreciate your attention to this matter.
- .-
ATTACHMENT D
CITY OF WINTER SPRINGS
MINUTES
BOARD OF ADJUSTMENT
REGULAR MEETING
FEBRUARY 6, 2003
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I. CALL TO ORDER
Chairman Tom Waters called the Regular Meeting to order Thursday, February 6,2003 at
7:05 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East
State Road 434, Winter Springs, Florida 32708).
Roll Call:
Chairman Tom Waters, present
Vice Chairman Jack Taylor, present
Board Member Gary Diller, absent
Board Member John Herbert, present
The Pledge of Allegiance and a moment of silence "To remember the astronauts"
followed.
II. CONSENT AGENDA
CONSENT
A. Approval Of The December 5, 2002 Regular Meeting Minutes.
Chairman Waters asked that an "s" be added to his name on "Page 2, last paragraph."
"I MAKE A MOTION TO APPROVE THE MINUTES AS CORRECTED."
MOTION BY VICE CHAIRMAN JACK TAYLOR. SECONDED BY BOARD
MEMBER JOHN HERBERT. DISCUSSION. WITH CONSENSUS OF THE
BOARD, THE MOTION WAS APPROVED.
MOTION CARRIl8:D.
III. REGULAR AGENDA
REGULAR
A. Election of Officers
CITY OF WINTER SPRlNGS
MINUTES
BOARD OF ADJUSTMENT
REGULAR MEETING - FEBRUARY 6, 2003
PAGE20F5
"I MAKE A MOTION THAT WE LEAVE THE OFFICERS AS THEY ARE."
MOTION BY VICE CHAIRMAN TAYLOR. SECONDED BY BOARD MEMBER
HERBERT. W][TH CONSENSUS OF THE BOARD, THE MOTION WAS
APPROVED.
MOTION CARRIED.
REGULAR
B. Request For A Conditional Use Within The City Of Winter Springs C-2 Zoning
District, To Allow A Tattoo And Body Piercing Business At 883 and 885 North
Highway 17-92.
The Agenda Item was introduced by Ms. Eloise Sahlstrom, AICP, ASLA, Senior Planner,
Community Development Department.
Chairman Waters disclosed past "Dealings with the Property Owner of this business in
my other job. I did talk to the City Attorney about it and we agreed that it does not effect
the decisions we make here tonight. I don't stand - anything to gain financially from it-
and it is my responsibility to go ahead and hear and vote on it as anything else."
"I MAKE A MOTION TO PASS ON TO THE COMMISSION THE STAFF
RECOMMENDATION THAT APPROVAL OF THE PRIMAL URGE
TATTOOING AND BODY PIERCING AS A CONDITIONAL USE BE
APPROVED." MOTION BY VICE CHAIRMAN TAYLOR. SECONDED BY
BOARD MEMBER HERBERT. DISCUSSION.
VOTE:
BOARD MEl\1BER HERBERT: AYE
CHAIRMAN WATERS: AYE
VICE CHAIRMAN TAYLOR: AYE
MOTION CARRIED.
REGULAR
C. Request Of James and Adele Kelsay For A Variance To Allow. Construction Of
A New Bedroom Addition To Encroach An Undisclosed Distance Into the 25-Foot
Rear Building Setback Set Forth For the Property Located At 200 Birch Terrace.
Mr. John Baker, AICP, Senior Planner, Community Development Department introduced
the Item and said, "We don't see that they meet the six (6) criteria for the Variance. We
do however feel that the front setback where the house extends two feet (2') into the
twenty-five foot (25') setback should be granted. I don't believe however that the rear
setback Variance should be granted" and spoke of various alternatives for the addition.
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CITY OF WINTER SPRINGS
MINUTES
BOARD OF ADJUSTMENT
REGULAR MEETING - FEBRUARY 6, 2003
PAGE 3 OF 5
Discussion followed regarding alternatives.
Ms. Adele Kelsay, 200 Birch Terrace, Winter Springs, Florida: Spoke of working with
and architect; requested two feet (2') in the setback; reviewed photographs with the Board
Members; and referred to her letter addressing the six (6) criteria.
Mr. Baker said Staff would support a Variance for a "Reasonable width hallway".
Further discussion..
Chairman Waters said he would entertain a Motion.regarding the front setback.
"I MAKE A MOTION TO APPROVE THEIR FRONT SETBACK VARIANCES
AS REFERENCED IN AGENDA ITEM 'c' TO ALLOW THE EXISTING HOUSE
TO REMAIN ENCROACHING APPROXIMATELY TWO FEET (2') INTO THE
TWENTY-FIVE l[?OOT (25') FRONT YARD." MOTION BY VICE CHAIRMAN
TAYLOR. SECONDED BY BOARD MEMBER HERBERT. DISCUSSION.
VOTE:
VICE CHAIRMAN TAYLOR: AYE
CHAIRMAN WATERS: AYE
BOARD MEMBER HERBERT: AYE
MOTION CARRIED
Discussion followed regarding the rear encroachment.
"1 am prepared to extend the additional two foot (2') to allow them to build the room on
the side of the house. 1 believe that is a fair and equitable solution to be honest with you.
The way the law reads the way the Statutes read it is impossible for us to see where it can
meet the six (6) criteria. - for the screened porch" was said by Vice Chairman Taylor.
Board Member John Herbert said, "Everything I am listening to makes a lot of sense to
me as to the location and what you are recommending."
"I MAKE A MOTION TO DENY THE REQUEST FOR A TEN FOOT (10')
ENCROACHMENT INTO THE REAR BUILDING SETBACK AS REQUESTED,
HOWEVER, TO RECOMMEND TO THE CITY COMMISSION THAT A TWO
FOOT (2') ENCROACHMENT FROM THE REAR OF THE HOUSE INTO THE
REAR SETBACK BE APPROVED TO ALLOW FOR A CONFORMING ROOM
TO BE BUILT ON THE NORTHWEST CORNER OF THE SUBJECT HOUSE."
MOTION BY VICE CHAIRMAN TAYLOR. SECONDED BY BOARD MEMBER
HERBERT. DISCUSSION.
Tape 1/Side B
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CITY OF WINTER SPRINGS
MINUTES
BOARD OF ADJUSTMENT
REGULAR MEETING - FEBRUARY 6, 2003
PAGE 4 OF 5
VOTE:
VICE CHAIRMAN T AYLOR: AYE
CHAIRMAIN WATERS: AYE
BOARD MEMBER HERBERT: AYE
MOTION CARRJ[ED
Chairman Waters said he would entertain a Motion to recommend to the City
Commission to allow the porch "To stay as is and/or repaired as/when needed to maintain
it - but not enclose or improved upon in that matter - except add the hall."
"I'D LIKE ']['0 l\fAKE A MOTION - THE BOARD RECOMMENDS TO THE
COMMISSION THAT THE REAR PORCH TO REMAIN AS IS AND REPAIRED
AS NEEDED AND NOT TO BE ALTERED IN ANY WAY EXCEPT FOR THE
ADDITION OF AN ENTRYWAY TO THE ADDITIONAL ROOM TO BE
LOCATED ON THE NORTHWEST CORNER OF THE HOUSE." MOTION BY
VICE CHAIRMAN TAYLOR. SECONDED BY BOARD MEMBER HERBERT.
DISCUSSION.
VOTE:
CHAIRMAN W ATERS: AYE
BOARD MEMBER HERBERT: AYE
VICE CHAIRMAN TAYLOR: AYE
MOTION CARRIED
Chairman Waters commended Ms. Kelsay "On all her work and efforts."
IV. FUTURE AGENDA ITEMS
V. REPORTS
Members of the Board discussed with Staff the status of former Variance requests.
VI. ADJOURNMENT
"I MAKE A MOTION WE ADJOURN." MOTION BY VICE CHAIRMAN
TAYLOR. SECONDED BY BOARD MEMBER HERBERT. DISCUSSION.
WITH CONSENSUS OF THE BOARD, THE MOTION WAS APPROVED.
MOTION CARRIED.
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Chairman Waters adjourned the Meeting at 8:07 p.m.
RESPECTFULLY SUBMITTED BY
DEBBlE GILLESPlE, DUPUT CITY CLERK AND
MICHELE KELLY
ASSISTANT TO THE CITY CLERK
APPROVED:
THOMAS WATERS, CHAIRMAN
BOARD OF ADmSTMENT
CITY OF WINTER SPRINGS
MINUTES
BOARD OF ADJUSTMENT
REGULAR MEETING - FEBRUARY 6, 2003
PAGE 5 OF 5
NOTE: These Minutes were approved at the
S:\dept - City Clerk\8oards and Committees\8oard of Adjustment\a1ll\MINUTES\120502 REGULAR. doc
,2003 Board Of Adjustment Regular Meeting.
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