HomeMy WebLinkAbout2003 08 25 Regular A Variance Request by Stephen McCallister
COMMISSION AGENDA
ITEM A
CONSENT
INFORMATION
PUBLIC
HEARING
REGULAR X
08/25/03
Meeting
MGR. L~EPT //
Authorization
REQUEST: The Community Development Department presents a variance request by Stephen
McCallister from sections 6-2 and 6-84 of the City Code of Ordinances .
PURPOSE: The purpose of this agenda item is to consider a request from Mr. McCallister for
a variance from the requirements of sections 6-2 and 6-84 of the City Code of Ordinances to
allow a detached shed to exceed 240 square feet (320 square feet) at 653 Silver Creek Drive (Lot
3, Block D, North Orlando Ranches, Sec. 2A, Plat Book 12, pages 39-41, in the public records of
Seminole County, FL).
The property has an existing single family residence, has a Low Density Residential Future Land
Use designation and has R-IA zoning. Ordinance No. 2003-07, which applies only to accessory
buildings on properties with a Residential Rural Future Land Use designation, does not apply to
this property.
APPLICABLE CODE:
Sec. 6-2. Compliance with chapter.
(a) No building or structure shall hereafter be constructed, altered, except in conformity with the
provisions of this chapter.
Sec. 6-84. Accessory buildings.
(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.
Sec. 20-82. Duties and powers, general.
The Board of Adjustment shall make recommendations to the city commission to
grant any variance or special exception as delineated in this chapter.
August 25, 2003
Regular Agenda Item A
Page 2
(1) The board of adjustment shall have the additional following specific powers and duties:
a. .....
b. .....
c. To recommend upon appeal such variance from the terms of this chapter as will not be
contrary to the public interest where, owing to special conditions, a literal enforcement of
the provisions of this chapter will result in unnecessary and undue hardship. In order to
recommend any variance from the terms of this chapter, the board of adjustment must
and shall find:
1. That special conditions and circumstances exist which are
peculiar to the land, structure or building involved and which are
not applicable to other lands, structures or buildings in the same
zoning district;
2. That the special conditions and circumstances do not result
from the actions of the applicant;
3. 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;
4. 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.
5. That the variance granted is the minimum variance that will
make possible the reasonable use of the land, building or structure;
6. 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.
d. .....
(2) In recommending the granting of any variance, the board of adjustment may recommend
appropriate conditions and safeguards. Violations of such conditions and safeguards, when
made a part ofthe terms under which the variance is granted, shall be deemed a violation of
this chapter. The board of adjustment may recommend a reasonable time limit within which
the action for which the variance is required shall be begun, or both.
(3) Under no circumstances shall the board of adjustment recommend the granting of a
variance to permit a use not generally or by special exception permitted in the zoning district
involved, or any use expressly or by implication prohibited by the terms of this chapter in the
zoning district. No nonconforming use of neighboring lands, structures or buildings in the
same zoning classification or district, and no permitted use of lands, structures or buildings in
August 25, 2003
Regular Agenda Item A
Page 3
other zoning classifications or districts shall be considered grounds for the authorization of a
vanance.
(4)
(5)
Sec. 20-83. Procedures.
(a) Upon receipt, in proper form and with appropriate fees, an application for a variance,
special exception or conditional use as delineated in this chapter, the board of adjustment shall
schedule such application for consideration at a public meeting.
(b) All such applications will be processed within sixty (60) days of receipt of same.
(c) All meetings for consideration of a variance, special exception or conditional use shall be
noticed for at least seven (7) days prior to the date of the meeting in the following manner:
(1) Posting the affected property with a notice of the meeting which
indicates the matter to be considered.
(2) Posting in city hall a notice of the meeting which indicates the
property affected and the matter to be discussed.
(3) At least seven (7) days prior to the meeting, the board of adjustment
shall also notify all owners of property adjacent to or within one hundred
fifty (150) feet of the property to be affected of the time, date and place of
the meeting. Such letter must also indicate the variance, special exception,
or conditional use requested, and must require proof of delivery.
(d) All interested persons shall be entitled to be heard as such meetings or to be heard by
written statement submitted at or prior to such meeting.
( e) In the event a special exception, variance or conditional use is not authorized by ordinances
ofthe city, the person requesting the unauthorized action must submit an application pursuant
to section 20-28.
(f) Appeals to the board of adjustment may be taken by any person aggrieved or by any
officer, board or bureau of the city affected by any decision of an administrative official under
the zoning regulations. Such appeals shall be taken within thirty (30) days after such decision
is made by filing with the officer from whom the appeal is taken and with the board of
adjustment, a notice of appeal specifying the grounds thereof. Th~ appeal shall be in such form
as prescribed by the rules ofthe board. The administrative official from whom the appeal is
taken shall, upon notification of the filing of the appeal, forthwith transmit to the board of
adjustment all the documents, plans, papers or other material constituting the record upon
which the action appealed from was taken.
August 25, 2003
Regular Agenda Item A
Page 4
(g) The board of adjustment shall fix a reasonable time for the hearing of the appeal, give
public notice thereof, as well as due notice to the parties in interest, and make
recommendations to the City Commission for the appeal within a reasonable time. Upon the
hearing, any party may appear in person or by agent or by attorney. For procedural purposes,
an application for a special exception shall be handled by the board of adjustment the same as
for appeals.
(h) Any variance, special exception or conditional use which may be granted by the council
shall expire six (6) months after the effective date of such action by the city commission,
unless a building pennit based upon and incorporating the variance, special exception or
conditional use is obtained within the aforesaid six -month period. However, the city
commission may renew such variance, special exception or conditional use for one (1)
additional period of six (6) months, provided good cause is shown and the application for
extension shall be filed with the board at least thirty (30) days prior to the expiration of the six-
month period.
Any renewal may be granted without public hearing, however, a reapplication fee may be
charged in an amount not to exceed the amount of the original application fee. It is intended
that provisions contained within this subsection are to be retroactive to the extent that any
variance, special exception or conditional use previously granted shall become void if a period
oftime in excess of twelve (12) months shall have lapsed, and a building pennit based upon
and incorporating the variance, special exceptions or conditional uses has not been issued prior
to expiration of such time limit.
CHRONOLOGY:
July 9, 2003 - Variance application was received by City.
August 7, 2003 - BOA heard the variance request & recommended denial
FINDINGS:
I) The subject Lot 3 has R-IA zoning and a Low Density Residential Future Land Use
designation.
2) The application and attached plan indicates a building size for the detached accessory
structure of 16 feet by 20 feet, or 320 square feet - which exceeds the 240 square foot
prescribed maximum area set forth in Section 6 - 84 of the Code.
3) The accessory structure would meet the current accessory building setback
requirements (7.5 foot R-1A side building setback - Sec. 6-84 and Sec. 20 - 166 - and 6 foot
rear accessory building setback - Sec. 6 - 84) and would not extend into the existing 7 foot
utility easement that extends across the rear of the lot.
4) The City's recently adopted Ordinance No. 2003-07, allowing for larger accessory
structures as a conditional use, applies only to properties with a Residential Rural Future Land
Use designation, and therefore does not apply to this site.
5) The applicant has indicated that other homes in the North Orlando Ranches subdivision
have accessory structures larger than 240 square feet.
6) The applicant provided a written explanation stating why he and his family are seeking
the variance, but this does not address the 6 variance criteria set forth in the Code.
August 25, 2003
Regular Agenda Item A
Page 5
7) In order to approve the variance request, the variance request must meet all 6 variance
criteria set forth in Section 20-82 of the City Code of Ordinances.
BOARD OF ADJUSTMENT ACTION:
At its regularly scheduled meeting of August 7, 2003, the Board of Adjustment voted 3-1 to
recommend denial of the variance request.
RECOMMENDATION:
The Board of Adjustment and staff both recommend that the City Commission deny the
variance request, since the request does not meet the variance criteria set forth in Section 20 -
82 of the City Code.
ATTACHMENTS:
A - Variance Application
B - Correspondence from Applicant
C - Plot Plan submitted with location and size of Accessory Structure shown.
D - BOA Minutes
CITY COMMISSION ACTION:
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'BOARD OF ADJUSTMENT APPLICATION,
CITY OF HINTER SPRINGS
1126. EAST S~ATE ROAD 434
WIfiTER' SPRINGS. FL 32708-2799
. .(407)327-18~0
FOR:
SPECIAL EXCEPTION
VARIANCE
'CONDITIONAL USE
ADMINISTRATIVE DECISION
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:
1. APPLICANT:
,1It'~
3. ATTACH A COPX OF THE PARCEL SURVEY.
. WoXl>E V~rUA~.
i.40~ft "!O'rft.. J.:lOS7 Qf.
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4: ATTACH AN 11 x 17 MAP S~OWING THE SUBJECT PROPERTY AND
SURROUNDING PARCELS.
5. ATTACH LEGAL' DESCRIPTION. ~.tIJSLC-J-,E~ R.Esi:b4iAJTXAL"'~UJIJG".
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6. TAX PARCEL IDENTIFICATION NUMBE~:' D~-,~lI-~o - 503- 01)00 -00:30
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7. LO, CATION 9l PARCEL (Street, ,Addres's . and~or ..:Nearest Cross
st)ie.eetts): f.:,5.::;;J S:s:.L.vE~c~,:eEK l>b:I/E.. ~ .~t.W';'$. 'rL 3:70?
~ .~Pr: HQ,\(~ ~AO, , .' ~ .
~ . ~RESENT ZONING, .1ft /1 · FUTURE .LAN~' uSE: ,(u;'.Ql DeW::;; ';j _
'~ .. ---' .' . .' . i?\ t::' t , [gP",J ,,"J '--
~:"b,~l-Elw' I u'ndersta.rrd that City o{HintersP~ings Officials
may ~nter up~h.my proP~rty to inspect th~t ~ottion as relates to
this applicat1oh: . " .' .
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(If the applic~nt 'is not
applicant must' at"tach .a
owher).' "
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OWNER-PLEASE TYP~ .
: 'L .\It{' a\fr
~ATURE " .
CITY OF WINTER SPRINGS
Current Planning
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the. owner of the, subject property, the
.letter of auth'o'ri"zation signed by the
ReceiVED
f,:. JUl...; 9 20D3
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PERSONS ARE ADVISED THAT, IF THEY DECIDE TO APPEAL ANY.. DECISIONS
MADE AT THESE MEETINGS/HEARINGS, THEY. WI.LL NEED A. RECORD OF THE
PROCEED i NOS AND FOR.. SUCH ~URPOSE, THEY:.H I LL NEED TO I N SURE THAT II
VERBATIH'RECORD ,OF:THE PROCEEDINGS" Ir HADE, AT'THEIR 'COST, WHICH ,. ,.
INCLUDES THE TESTIMONY AND EVIDENCE UPbN WHICH THE APPEAL IS TO BE .."
BASED, PER SECTION 286,OlO~, FLORIDA STATUTES:~"
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SECTION 20-84 - APPE-ALS FROM DECI"SIONS OF THE BOARD OF ADJUSTHENT
'(1) Any person, or persons, jointly or severally agg'riev'ed by
any decision of the Board of Adjustment may, wi thin thi rty.~ (30)
d~ys after the filing of any decision in the office of the BOard of
Adjustment, but not thereafter, apply to' the City Council for
adminis"t"rative r.elief. After a hearing.before the Cfty Council an
aggrieved party may, within thirty (30) days af.ter the d~cision Of/,-, ,
the City Council, file an appeal with a court of competent :'
jurisdiction over the subject" matter..., . :
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APPLICATION INSTRUCTIONS
A StaH. Report Rill be developed for each' Application, The
Applicant should be piepared to address each of the issues provided
below for Variance requests..
the.Board of ~dju~~ment must ~ake the
exist \oIhich are
s "invol ved and
structures or
do not resul t
uested will no~confer on
is denied by this
structures in the same
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variance that
buil din or
.............
.........:
6... That'.t e ra to ce wiU be: 'n'harmony with the
'qenera'l intent and purpose' of this cha~ter. wi 11 not be
initirious to therieiqhborhood..or ot'herwise detrimental to the
~ubLio welfare. ,,' _ .
and'
"
'.
THE APPLICANT IS RESPONSIBLE FOR PROVIDING THE CITY WITH THE NAMES
AND ADDRESSES OF EACH PROPERTY OWNER 'WITHIN, '150 FT: OF EAC}(
PROPERTY LINE BY THE SCHEDVLEDrIME.
. ~ -
THE APPLICANT IS RESPONSI-BLE ..TO P,OST. ~.}g: BLUE. .NOTICE CARD ON THE i .
SITE 'ATLEAST SEVEN DAYS PRIOR TO THE .'BOARD OF 'ADJUSTMENT MEETINO .,'"
AT WHICH THE MATTER 1{1LL .BE CONSIDERE): SAID 'NOTICE SHALL NOT BE ',' '
POSTED WITHIN_THE CITY RIGHTS-OF-WAY. .~,
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EXHIBIT "B"
9 Jul2003
From: Stephen L. McCallister
653 Silver Creek Drive
Winter Springs, FL 32708
To: Board of Adjustment, City of Winter Springs
Re: Request for Variance in the case of on-site construction of Storage Shed; Lot 3,
Block D, North Orlando Ranches Sec.2.a, Plat Book 12, Page(s) 39-41, Tax
Parcel Identification Number: 02-21-30-503-0DOO-0030
Dear Sirs:
1. Respectfully request "variance" to have a 16')(20' storage-shed built in the backyard.
2. On-site construction by Superior Sheds, Inc., 1057 Hwy 17-92, Longwood, Florida
32750, Tel: 407-696-2006. Contractor stipulates that "storage-shed will have 8' walls
with a 11 Y2- foot pitch.
3. The following information is provided to The Board of Adjustment, Winter Springs,
for justification and possible adjudication. .
A. I am retired U. S. Navy. My wife and I have five grown children (three sons in
the military and two daughters that live nearby). Presently, all of our children are
married, two of which have children. When we bought our home, we had two rooms
added on to our home, to facilitate our large family, when I retired from the Navy, while
in Japan (1992). This also includes my mother-in-law from the Philippines, who
currently resides with my daughter (Sheryl-Ann), her husband (Sean), and two children
on Coral Way, Winter Springs. Ann works full-time and is going to University of Central
Florida this fall (beginning her third year). She is going into the U.S. Navy, as a Naval
Officer upon graduation - agreement/contract to be signed this August 2003. Financially
burdened, Ann and Sean are selling their home. For the next two years, they will live
with us.
B. Our home is essentially 5-bedrooms, two of which are my office and my wife's.
My office will return to a bedroom for my mother-in-law. One bedroom is for Ann and
Sean; one bedroom is for the two-children. My wife's office (spare-bedroom) is packed
with heavy furniture, L-shaped desk, bookshelves, etc. and cannot accommodate the
furniture from my office. This is to become one problem, as well as the following: Ann
and Sean will bring many items other than clothes. My wife's minivan and Ann's car
will occupy the garage; while myoId 79 dodge pickup and Sean's dodge, minivan remain
outside. Thus, no room will be available in the garage, where my lawn-tractor, garden
tools are.
..
C. Losing my privacy in the office and my work area in the garage will bring some
hardship. I say this inasmuch that I work on our home using tools and materials,
considering that we also have a screened-in "in-ground pool."
D. It's not only storage, but also a place where I can tackle home projects. I chose
the 16'x20' because of the area, which provides ample room for storage for their things,
my things, my tools and garden items.
E. The storage-shed is built on beams, to be built on a stoned foundation, with a %"
plywood floor with walls made of, I think, concrete and acrylic (with a 50-year
guarantee), shingled to match the home and I will paint it to match the color of our home.
Meaning, it will compliment our property and should not present any problems (e.g., the
view of my neighbors). Point in case is that other neighbors have bigger and higher
storage sheds than the shed I would like to have. However, I am not using this reason for
justification.
F. Long-range: to help my daughter and her family during the next two difficult
years and capable to help any of my other children, their families, if need be. And, I
really need to be in this flexible position, whether they have children or not. I do want
my own space, dedicated to home and family, as well as enhance our property, at the
same time. I ask for nothing that none of my neighbors can ask for and/or be granted. No
special privilege, other than a small, refined, storage-shed.
4. A negative response from the Board of Adjustment would be completely
understandable, since our community has grown so much, since we initially bought our
home in 1989. Things have changed, my goodness. I love Winter Springs, our home and
my family. But, I would love a place in the back, where I can put some of their things,
my things and tinker, when time allows.
Very respectfully submitted,
,
i-.,J. t. ~ · C Jtj-
Stephen L. McCallister
EXHIBIT "C"
L. McCallister,' Carmelita McCallister; Mortgagee Title
~, Inc.; American Pioneer Title Insurance Company; Fairwinds
Inion, its' successors and/or assigns.
79.16'35"W
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RO aEAR' ~ 9'\..92'
C\-IORO
SILVER CREEK DRIVE
50' R/W
CHORD BEARING = S88.39'OO"W
CHORD = 94.30' ~f; Go5S
A~ D0#S$'/4-"
F'J.P. J/4.
NOTE:. BEARING BASED ON THE SOUTH lOT LINE OF LOT 3. THE ASSUMED BEARING BEING S 84.48'13" W.
Property A
653 Silver
Winter Sp,.
JlEB. 5/11.
$
SCAlE: 1" - 30'
O' WOOD FENCE:
LOT 4
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'FERry CCJRfVER
7IIL.
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BLOCK WALL
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DEED EJDDK
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~ATTACHMENT D
CITY OF WINTER SPRINGS
PARTIAL MJNUTES
BOARD OF ADJUSTMENT
REGULAR MEETING
AUGUST 7,2003
I. CALL TO ORDER
Chairman Thomas Waters called the Regular Meeting to order Thursday. August 7,2003
at 7:03 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126
East State Road 434, Winter Springs, Florida 32708).
Roll Call:
Chairman Thomas Waters, present
Vice Chairman Jack Taylor, present
Board Member Gary Diller, present
Board Member John Herbert, absent
Board Member Sharon Tackaberry, present
The Pledge of Allegiance followed,
II. CONSENT AGENDA
CONSENT
A. Approval Of The July 17,2003 Regular Meeting Minutes.
"I.MAKE A MOTION WE APPROVE THE MINUTES AS PRESENTED."
MOTION BY VICE CHAIRMAN TAYLOR.
MOTION DIED FOR LACK OF A SECOND.
Discussion.
"I MAKE A MOTION TO APPROVE THE MINUTES AS AMENDED."
MOTION BY VICE CHAIRMAN TAYLOR. SECONDED BY BOARD MEMBER
DILLER. WITH CONSENSUS OF THE BOARD, THE MOTION WAS
APPROVED.
MOTION CARRIED.
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C!1Y OF W1N"reR SPRINOS
PAJtTIAL MINUTES
BOARD OF ADJUSTMENT
REGUI..AR MEE.TING - AUGUST 7,2003
PAGE20F3
III. REGULAR AGENDA
REGULAR
A. Variance From The Detached Structure Size Restrictions Set Forth In Section 6-
84. Of The City Code Of Ordinances To Allow A 320 Square Foot Shed At 653
Silvercreek Drive.
Discussion.
"A T THIS TIME I WOULD LIKE TO MAKE A MOTION TO ACCEPT STAFF'S
RECOMMENDATION TO DENY THIS VARIANCE REQUEST AS
PRESENTED BY MR. McCALLISTER AS THE VARIANCE REQUEST DOES
NOT MEET ALL SIX (6) OF THE VARIANCE CRITERIA AS SET FORTH IN
THE CITY CODE OF ORDINANCES SECTION 20.82." MOTION BY VICE
CHAIRMAN TAYLOR. SECONDED BY BOARD MEMBER DILLER.
DISCUSSION.
VOTE:
BOARD MEMBER DILLER: AYE
CHAIRMAN WATERS: AYE
VICE CHAIRMAN TAYLOR: AYE
BOARD MEMBER TACKABERRY: NAY
MOTION CARRIED.
T3pe IISide B
IV. FUTURE AGENDA ITEMS
This Agenda Item was not discussed.
V. REPORTS
No Reports were gi ven.
VI. ADJOURNMENT
"I MAKE A MOTION WE ADJOURN." MOTION BY VICE CHAIRMAN
TAYLOR. SECONDED. WITH CONSENSUS OF THE BOARD, THE MOTION
WAS APPROVED.
MOTION CARRIED.
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Chairman Waters adjourned the Meeting at 7:50 p.m.
RESPECTFULLY SUBMIITED BY:
NURI GIBBS, ASSIST ANT TO THE CITY CLERK; AND
NORMA PARDO
ASSIST ANT TO THE CITY CLERK
APPROVED:
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nfOMAS WATERS, CHAIRMAN
BOARD OF ADJUSTMENT
CITY OF WINTER SPRINGS
PARTlAL MINUTES
BOARD OF ADJUSI'MENT
REGULAR. MEETtl'lG - AUGUST 7, 2003
PAGE 3 OF3
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NOTE: These Minutes were approvod at the
City Clerk\A.dvisory Boords and Commiltees\B03rd of Adjuslme!lt\:1llllMlNUTES\080103 PARTIAL REGULAR.doc
, 2003 Board Of Adjustment Regular Meeting,
TOTAL P.04