HomeMy WebLinkAbout2004 02 23 Regular 501
CITY COMMISSION
AGENDA
ITEM 501
CONSENT
INFORMATIONAL
PUBLIC HEARING
REGULAR X
February 23, 2004
Meeting
MGR. JV IDEPT Jff
Authorization
REQUEST: The Community Development Department presents a request by Hacienda
Village for a variance from Section 20-318 of the City Code of Ordinances, which sets forth
building setbacks for the R-T Mobile Home Park Zoning District.
PURPOSE: The purpose of this agenda item is to consider a request for a variance from the
requirements of Section 20-318 of the City Code of Ordinances to allow a recently located
mobile home to remain as close as 5 Y:z feet (variance request to encroach as much as 2 feet into
the 7 Y:z - foot building setback) from the side property line or lines.
APPLICABLE CODE:
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.
(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
February 23,2004
Regular Item SOl
Page 2
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 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.
(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 part of the terms under which the
variance is granted, shall be deemed a violation of the 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 completed, or
both.
Sec. 20-103. Restrictions upon lands, buildings and structures.
(c) Percentage of occupancy (lot). No building or structure shall be erected. ..nor shall any
open space surrounding any building or structure be encroached upon or reduced in any
manner except in conformance with the building site requirements... for the district in which
such building or structure is located.
Sec. 20-318. Minimum development standards and requirements.
(e) Mobile home setbacks. Minimum setbacks shall be fifteen (15) feet in front; seven
and one-half (7 12) feet from side site lines; and five (5) feet from rear site line. The front
setback shall apply on all streets upon which the site abuts. The setbacks apply to patios as
February 23, 2004
Regular Item SOl
Page 3
well as the mobile home and no accessory building or structure shall be placed in any required
setback space. No park or any mobile home or addition or appurtenance thereto shall be
located within twenty-five (25) feet of any mobile home park common use, service, or
accessory building, or structure."
CONSIDERATIONS: The applicant's letter (please see attached) states that Lifestyle Choice
Realty placed or had placed a mobile home on lot 255 in the Hacienda Village Mobile Home
Park and subsequently discovered that its placement was in conflict with the applicable
building setbacks (as much as 2 feet into the applicable 7 Y:z foot side yard building setbacks-
on both sides of the structure) set forth in section 20-318 of the City Code. Staff does not
believe this meets the variance criteria set forth in Section 20-82.
These are not platted lots, but this lot is depicted on the final engineering plan (from about 30
years ago) as 50 feet wide, consistent with the applicant's drawing. No grading plan can be
found for the individual lots.
At the BOA meeting of January 22,2004, concerned citizens voiced concern about existing
storm-water runoff onto the property to the east possibly being exacerbated by placing this
large structure on the lot. A site inspection with Storm-water Manager Zynka Perez confirmed
that the site is higher than the adjacent lot to the east, but she determined that the storm-water
could largely be routed to the street and away from the adjacent lot.
CHRONOLOGY:
December 23, 2003 - Variance application received by City
January 22,2004 - BOA votes to recommend the variance be denied.
FINDINGS:
1) The Hacienda Village Mobile Home Park is located within the R-T Mobile
Home Park Zoning District and has a Medium Density Residential Future
Land Use designation.
2) The required side yard building setback is 7 1/2 feet in the R- T zoning
district.
3) The applicant has requested a variance to encroach as much as 2 feet into
the 7 1/2-foot side building setback, to within 5 Y2 feet of the side lot line.
4) The applicant's written explanation describes the need for a variance to
avoid the expense of relocating the mobile home from this lot.
5) A variance requires compliance with all six (6) criteria outlined in Code
Section 20-82.
6) Neither the Board of Adjustment nor staff find that the variance request
meets the variance criteria set forth in Section 20-82 of the City Code.
BOA ACTION: At a special meeting on January 22,2004, the Board of Adjustment
voted to recommend the variance request be denied.
RECOMMENDATION: The Board of Adjustment and staff recommend that the City
Commission deny the request, since it is not consistent with the six (6) variance criteria.
February 23, 2004
Regular Item 501
Page 4
ATTACHMENTS:
A - Hand-drawn (not to scale) depictions oflot with mobile home, attachments, and driveway
B - Variance application
C - Applicant's letter
D - BOA draft minutes
CITY COMMISSION ACTION:
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ATTACHMENT B
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,BOARD OF ADJUSTMENT APPLICATION
~ CITY Of HINTER SPRINGS
1126 EAST S~ATE ROAD 134
WINTER'SPRINGS, fL .3270~-2199
(407)327-1800
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J'<.,<,;....., FOR: SPECIAL EXCEPTION
V VARIANCE
'CONDITIONAL USE
ADMINISTRATIVE DECISION
RECEIVED
pc ' DEe 2 3 2003
I
r' CITY OF WINTER SPRINGS
- Current Planning
1.
APPLICANT: !fAt. ie 'l1dfl J/i~!JJ ,(;;-~t':.rllt/t/~.Il1~," 'PHQNE 407-3.2 7-005/
ADDRESS: .;(8'0 L/I 11'.5 tt4, Dr Ii/F,,' LUec;1; ttJ/'itf,. r~ri '>1J~: Fi .3:< 708
r/ to ,t
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3.
ATTACH A COpy OF THE PARCEL SURVEY.
ATTACH AN 11 x 17 MAP SHOWING THE SUBJECT PROPERTY AND
SURROUNDING PARCELS.
4.
5.
ATTACH LEGAL' DESCRIPTION.-
TAX PARCEL ~DENTIFjCATION NUMBER: ';3I/-,:{o~.5o-.smb -0000- .:lSso
6.
7. LOCATION OF PARCEL (Street Address and/or Nearest Cross
Streets) : ~ 55 Anl1!stA. ,?r/t/e. W~s~ tJi'Y1fe... r S,F'ri>tf' s-:. F,{. 32'703
'tle,.A-ret>; (1""5;5 5'1:J5 '>77cs_ 'd, '
.. 'med It.( '>'>1 'De.-n:rftf/-
8. PRESENT ZONING: R-r FUTURE ,LAND USE: 1?esldpv,t"ilJ.!
By Signing below' I understand that City of Hinter Springs Officials
may enter upon my property to inspect that portion. as relates to
this application;
(If the applic~nt is not the owner of the subject property, the
applicant'must attach a letter of authorization signed by the
owner) ,
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OWNER-PLEASE TYPE
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PERSONS ARE ADVISED THlIT, IF THEY DECIDE TO APPEAL ANY.. DECISIONS
HADE AT THESE MEETINds/HEARINGS, THEY WItL NEED A RECORD OF THE
PROCEEDINGS AND fOR SUCH PURPOSE, THEY WILL NEED TO INSURE THAT A
VERBATIHRECORD OF THE PROCEEDINGS IS MADE, 'AT'THEIR 'COST, WHICH:
INCLUDES THE TESTIHONY AND'EVIDENCE UPON HHICH THE APPEAL IS TO BE I ~
BASED, PER SECTION 286.0105, FLORIDA STATUTES
SECTION 20-84 - APPEALS FROM DECI~IONS OF THE BOARD OF ADJUSTMENT
(1) Any person, or persons, jointly or severally agg'rieved by
any decision of the Board of Adjustment may, within thirty (30)
days after the filing of any decision in the office of the Board of
Adjustment, but not thereafter, apply to' the <M~~E*M~fIMW{V23~3**IIISC
administrative relief. After a hearing,betore th'&aflf~~r.~~o~~Hc/f2/mIl316:31l
aggrieved party may, within thirty (30) days aftelf'ayl~tl decisip$5llUIl
the City Council, tile an appeal with a cou~el~~~, comp.en~A~ '
jurisdiction over the subject matter. heck/(redltt;aroll: 41141
. Clerk : dascano
Paid by : LIFESTYLE CHOICE
01'..0rn"
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APPLICATION INSTRUCTIONS
A Staff Repor~ will be developed for e~ch' Application. The
Applicant should be piepared to address each of the issues provided
below for Variance requests.
the Board of ~djustment must ~ake the
exist which are
s '.invol ved and
structures or
do not resul t
on
on
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the
be
to the
ust be consistent
Comprehensi~e Plan.
and
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THE APP~ICANT IS RESPONSIBLE FOR PROVIDING THE CITY WITH. THE NAMES
A'ND ADr!RESSES OF EACH PRQPERTY OWNER .IHTHIN '150 FT. OF EACH
PROPERTY LINE BY THE SCHEDULED TIME.
THE APPLICANT IS RisPONSIBLE TO P6ST THE BLUE ~OTI6E CARD ON THE
SITE AT LEAST SEVEN DAYS PRIOR TO THE BOARD OF 'ADJUSTMENT MEETING, '.
AT WHICH ,THE MATTER WILL BE CONSIDERED: SAID'NOTICE SHALL NOT BE"
POSTED WITHIN THE CITY RIGHTS-OF~WAY.
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2 Clubhouses
Shopping Center
2 Pools
Bank of America
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Llfesfyle Choice Re.'ty. 'DC.
Ruby Lee - Lie. Broker Salesperson
280 La Vista Drive, West
Winter Springs, FL 32708
Phone: 407-327-2203, Toll-free: 1-866-527-3258
4073~ATTACHMENT C
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12/29/2003 15:07
December 18, 2003
City of Winter Springs
Board of Adj ustments
1125 East State Road 434
Winter Spri~gs, FL 32708
RE: 255 LaVista Dr., West
Winter Springs. FL 32708
To The Board of Adjustments:
Special conditions and circumstances exist which are peculiar to lot 255 in Hacienda
Village Mobile Home Park. Lifestyle Choice Realty, Inc. inadvertently put a
Manufactured Home on this lot. and then found a variance was required and asked us to
request a variance for them, since we own the lot.
Special conditions and circumstances do not result from the actions of the applicant.
Granting this variance request will not confer on the applicant any special privilege.
. The literal interpretation of the provisions of this chapter would work unnecessary
hardship oil Lifestyle Choice Realty, Inc. The home would have to be moved at their
expense.
The variance granted is the minimum variance that will make possible the reasonable use
of this lot for the Manufactured Home that is already on the lot .
The grant of this variance will be in hannony with the general intent and purpose of this
chapter and will not be injurious to the neighborhood or otherwise detrimental to the
public welfare.
We feel this request is consistent with the objectives and policies of the Comprehensive
Plan.
Sincerely.
~cra~
President
280 La Vista Drive West. Winter Springs, Florida 32708-308] . Telephone: (407) 327.Q051
PAGE 01
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CITY OF WINTER SPRINGS
DRAFT UNAPPROVED MINUTES
BOARD OF ADJUSTMENT
SPECIAL MEETING
JANUAR Y 22, 2004
I
;'
CALL TO ORDER
The Board of Adj ustment Special Meeting of Thursday, January 22, 2004 was called to
order at 7:01 p.m. by Chairman Thomas Waters in the Conunission Chambers of the
MW')..jcipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida
32708).
Roll Call:
Chairman Thomas Waters. present
Vice Chainnan Jack Taylor, present
Board Member Gary Diller, present
Board Member Sharon Tackaberry, present
PUBLIC HEARINGS
PUBLIC HEAlitlNGS
Community Development Department
A. Presents To The Board or Adjustment A Request For A Conditional Use To
Allow Multiple FamUy Dwellings In The C-l (Neighborhood COlDmercial) Zoning
District, Pursua.nt To Section 20-234 or The Zoning Chapter 01 The City Code Of
Ordinances.
Mr. lohn Baker, AlCP, Senior Planner, Community Development Department,
intToduced the Agenda Item \\lith photographs of the site location.
Discussion.
Mr. Baker indicated, "Staff believes that this is an appropriate site for these town homes
and recommend approva.l."
Mr. Paul Chipock. Gl'ay, Harris and Robin.son, P.A., 301 East Pine Street. Orlando
Florida: Mr. Chipock introduced himself as a representative for Metropolis Home, and
also introduced Mr. Mike Carter as the Project Engineer. Mr. Chipock stated that
Metropolis Homes had no fonnal presenTation; however, they would answer any
questions.
Discllssion.
er;/
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FEB-18-2ee4 14:23
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CITY OF WI'NTI;R SPR.JNCiS
DRAFT tlNN'PROVED MINUTES
BOARD OF ADJlJSTMENT
SPECIAL. MEETlNc; - JANVAR V 22, 200.
PA-OS 20C4
MI'. Max Saberi. Metl'Opo!i3 Homes, 128 East Colon.ial Drive, Orlando, Florida: gave a
brief sUtIunary of the planned community in detail.
Ms. Jamie! Jerome, 1J~ Rhoden Lane. WiMer Spri1Jgs, Florida: Mr. Jerome, Vice
President of the Homeowners Association at Mossplace Town Homes, directed questions
pertaining to the planned development to Mr. Sabeti.
Ms. Norma Vala.ska, 110 Rhode,. Laht. Wi"ter Sp~ings. Florida: directed inquiries to Mr.
Sabeti regarding the gate access into the development and the location of swimming pool;
and the projected timeline for the completion of the development.
Ms. Pam Torres, Rhodeh Lane, Winter Springs, Florida: presented. her concerns
regarding traffic.
. Discussion.
"I WOULD LIKE TO MAKE A MOTION TO A.-PROVE THE CONDITIONAL
USE OF THIS REQUEST FOR MULTIPLE FAMlL Y DEWILLINGS IN THE <tC_
I" ZONING DISTRICT, PURSUANT TO THE SECTION 20-234. OF THE
ZONING CHAPTER. OF' THE CITY CODE OF ORDINANCES." MOnON BY
VICE CHAIRMAN TAYLOR. SECONDED BY BOARD MEMBER DILLER.
DISCUSSION.
VOTE:
BOARD MEMBER DILLER; AYE
CHAIRMAN WATERS: AYE
VICE CHAlRMAN TAYLOR; AYE
BOARD MEMBER TACKABERRY: AYE
MOTION CARRIED.
REGULAR
KECUI.AR
Community DeveJopment DepartDlfnt
A. Presents A Request By Hacieoda Village For A Variance From Section 20-318.
Of The City Code Of Ordin8.Jlce.s, Which Sets Forth Building Setbacks For The R- T
Mobile Home Pule Zoning District.
Mr. Baker presented. the request for a Variance.
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em OF WINTER SPRJNvS
ORAFT UN-^,PROVED MINUTF.s
BOAJU) OF ADJUSTMENT
SPSCIAL MEETING - JANUARY 22. 2004
PAGE J o{d.
Mr. Baker stated, "Staff has reviewed - and looked at this according to our Variance
criteria and we do not believe that the a.pplication meets the six (6) Variance criteria. We
do not see that they meet the criteria.; we have to recommend denial." Mr. Baktr also
reported. "I have had two (2) anonymous phone calls expressing concern about the
Variance - both past and future drainage a.t the site, which is not directly a setback issue,
but I did want to report that we did have two (2) calls." Vice Chairman Taylor ~ked.
"Has there ever been any drainage problem with that property?1J Mr. Baker replied,
"According to the callers there have been. I have no knowledge ofit myself."
Mr, Jeff Robb. Lifestyle Choice Realty, Inc.. 125 Norch Summer/and Avenue. Sanford.
Florida: addressed questions from the Board as a representative for Lifestyle Choice
Realty, Inc.
Mr. Michael Hoff. as a relative "epr~.!e12li1fg Ms. Jea.n Robert [who re.rides at Lot 254.
Hacienda Vii/age. Winter Spn'ngs. Florida}. Mr. Hoff commented that Ms. Robert has
been a resident for the past eleven (11) years, and has not had a problem with drainage
until the mobile home was placed on Lot 255. Mr. Hoff stated that he had met with the
General MalJager of the Hacienda Village Co-operative, Inc. regarding this issue.
Discussion ensued regarding the drainage problem at Lot 254.
T~Ill: I/SIC:l~ B
"I RECOMMEND WE VOTE AGAINST Tij:E VARIANCE REQUEST AND PASS
IT ON TO THE CITY COMMISSION." MOTION BY VICE CHAlRMAN
TAYLOR. SECONDED BY BOARD MEMBER DILLER. DISCUSSION.
VOTE:
BOARD MEMBER DILLER: AYE
VICE CHAIRMAN TAYLOR: AYE
CHAlRMAN WATERS: AYE
BOARD MEMBER TACKABERRY: AYE
MOTION CARRIED.
Chainnan Waters stated, f'If you want to talk to someone in the City [of Winter Springs)
regarding the drainage issue, whether or not the City has anything to do with that would
be Zynka [Perez. Storm,water Manager)." Mr. Baker added, "Or Kip [Lockcuff, P.E,
Public WorkslUrility Department Director)."
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CITY OF' WINTER SPRINGS
DRhFi UNAPPROVSI) MINUTES
BOARD OF ADJUSTMENT
SPEClAL MEETING - '.<UNARY 22; 20Q4
PAGe 40r4
ADJOURNMENT
"I MAKE A MOTION THAT WE ADJOURN." MOTION BY VICE CHAIRMAN
TA\'''LOR.. SECONDED BY BOARD MEMBER DILLER. DISCUSSION. WITH
CONSENSUS OF THE BOARD, THE MOTION WAS APPROVED.
MOTION CARRIED.
Chairman Waters adjourned. the Meeting at 8:02 p,m.
RESPECTFULLY SUBMITTED BY:
DEBBIE FRANKLIN, DEPUTY CITY CLERK; AND
PATRICIA SCHRAFF
ASSISTANT TO THE CITY CLERK
APPROVED:
~ c::J,Zl'
THOMAS WATERS. CHAlRM.A..N
BOARD OF ADJUSTME=-rr
City Cler~V\.c1vltory flo~rd! and Committot$\Board of AdjuSll'1It"t\Q.llIlMlNUTES\012J04 SPOCLo.Ldoc
NOTE; Thl!$t Mjnu~ \1,('ft Dppro~ed lithe
,2004 BO'rd Of Adjult/Tl!nr Special Meeting.
FEE-18-2004 14:24
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TOTAL f.eS
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