HomeMy WebLinkAbout2003 06 09 Regular A - 1 Detached Accessory Structure
COMMISSION AGENDA
ITEM
A-I
Consent
Informational
Public Hearing
Regular X
06/09/03
Meeting
MGR.
~ /DEPT. / If'
REQUEST:
The Community Development Department recommends Approval of a request for a
Conditional Use within the City of Winter Springs RC-I zoning District (Residential
Rustic FLU designation), to allow an 875 square foot detached accessory structure behind
the residence at 210 Arnold Lane.
PURPOSE:
The purpose of this agenda item is to consider the appropriateness of the proposed
detached accessory structure, pursuant to the criteria set forth in Ordinance No. 2003-07,
which amended Section 6-84 of the City Code of Ordinances to allow detached accessory
buildings larger than 240 square feet, in certain situations.
APPLICABLE LAW AND PUBLIC POLICY:
Sec. 6 - 84. Accessory buildings.
Ordinance No. 2003-07
CHRONOLOGY:
November 12, 2002- BOA heard variance request for accessory structure larger than 240
SF, recommending approval, subject to not destroying any trees
December 9,2002 - City Commission deferred the item until an ordinance could be
passed to resolve the issue
May 12,2003- City Commission tells Mr. Starks that his $500 variance fee will apply to
the $500 conditional use permit fee.
June 9, 2003
Regular Item A-I
Page 2 of3
CONSIDERATIONS:
The heavily treed 1.31 acre lake-front site has a Rustic Residential Future Land Use
designation and RC-I zoning. The applicable building setbacks are as follows: front-
50', side - 20', and rear 35'. The maximum building height allowed is 35' (19' proposed
total building height for the accessory building and 28'proposed total building height for
the 2-story primary structure) and maximum lot coverage by the primary and accessory
structures is 20 percent (1.31 acres x 0.20 = 11,413 SF maximum total allowable
coverage by a combination of primary and accessory structures; 3,127 SF house "foot-
print" + 875 SF = 4,002 SF). The applicant, Mr. Paul Starks, wishes to construct an 875
square foot (SF) hobby wood-workshop to the rear of the residence he is presently
constructing at 210 Arnold Lane.
Mr. Starks received a variance to locate his house in an area of his lot that would require
the least tree removal. When Mr. Starks came before the Board of Adjustment for a
variance to allow the 875 SF detached accessory structure, on November 12, 2002, the
board voted 4-0 to recommend a variance to allow the 875 SF detached hobby wood-
workshop, subject to not removing "any big tree." The Board of Adjustment will
consider the conditional use request, pursuant to the provisions of the attached Ordinance
No. 2003 - 07. If the proposed use of the structure should significantly change (e.g. to a
horse barn), then the applicant would need to come back to the City to amend the
conditional use, in order to address compatibility issues. Section 20-142 of the City Code
does not allow for accessory structures to be used as residences in the RC-I zoning
district.
FINDINGS:
1. The request is consistent with all applicable goals, objectives and policies of the City's
adopted Comprehensive Plan.
2. The request is in conformance with the purpose and intent of Ordinance No. 2003-07,
which amended Section 6-84 of the City Code, and with all applicable requirements.
a. the proposed site has a Rustic Residential Future Land Use designation and
RC-I zoning;
b. the applicant has provided architectural renderings and a plot plan depicting
the primary and accessory buildings;
S:\dept - Community Development\Planning\060903_Regular Agenda Item A-I
Starks Conditional Use.doc
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June 9, 2003
Regular Item A-I
Page 3 of3
c. the proposed 875 SF hobby wood-workshop is compatible and hannonious
with the principal structure and the surrounding land uses and structures;
d. the proposed accessory building will not adversely impact land use activities
in the immediate vicinity;
e. the height of the proposed accessory building does not exceed the height of
the principal structure; and
f. the accessory building meets the requirements of the applicable zoning district
including setback and maximum lot coverage.
STAFF RECOMMENDATION:
Staff recommends approval of Paul Starks' Conditional Use to construct an 875 SF detached
accessory structure for a hobby wood-workshop, behind his house at 210 Arnold Lane, as
depicted on the attached plans, with any significant change in the use of the structure to be
re-heard by the BOA and City Commission.
ATTACHMENTS:
A. Ordinance No. 2003-07
B. Location Map & Site Plan
C. Architectural Rendering
BOA ACTION:
S:\dept - COJl1IIlunity Development\Planning\060903 _Regular Agenda Item A-I
Starks Conditional Use.doc
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ATTACHMENT A
ORDINANCE NO. 2003-U'/
AN ORDINANCE OF THE CIlY COMMISSION OF THE
CITY OF WINTER SPRlNGS, FLORIDA; AMENDING
SECTION 6-84, WINTER SPRINGS CODE, RELATING TO
ACCESSORY BUILDINGS; ALLOWING BY CONDITIONAL
USE ONE OR MORE ACCESSORY BUILDINGS GREATER
THAN 240 SQUARE FEET ON PROPERTY WITH A
COMPREHENSIVE PLAN FUTURE LAND USE
DESIGNATION OF RESIDENTIAL .RURAL; PROVIDING
FOR THE REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS, SEVERABILITY, AND
AN EFFECTIVE DATE.
WHEREAS, the City's Comprehensive Plan Future Land Use Element (page 1-2) provides
that residential rural areas are mainly reserved for large lot single-family residences not exceeding one
unit per acre and that accessory structures and primary agricultural uses may be permitted based upon
appropriate surrounding land uses; and
WHEREAS, the City Commission finds that under some circumstances the accessory
building restrictions under Section 6-84 of the .Winter Springs Code should be relaxed, with
appropriate safeguards, to accommodate the large l()ts' currently designated residential rural pursuant
to the City's Comprehensive Plail; and ~.
WHEREAS, the City Commission of the 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 ofWmter
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. Code Amendment. The City of Winter Springs Code, Section ,6-84 is
hereby amended as follows: (underlined type indicates additions and strikeout type indicates deletions,
while asterisks (***) indicate a deletion from this Ordinance oftext existing in Section 6-84. It is
intended that the text in Section 6-84 denoted by the asterisks and set forth in this Ordinance shall
remain unchanged from the language existing prior to adoption of this Ordinance).
City of Winter Springs
Ordinance No. 2003-07
Page 1 of 3
.,;
1
Sec. 6-84. Accessory buildings.
* * *
ill Upon application filed with the City. the City Commission may vary the number. height. and
size requirements set forth in this Section or approve an accessory building on an adjacent lot by
. conditional use permit under the following conditions:
ill The subject property has a residential rural future land use map designation under the
City's Comprehensive Plan.
ill The applicant submits for review and consideration a detailed architectural rendering
of the proposed accessory building and a plot plan drawn to scale.
ill The City Commission finds that:
ill the proposed accessory building is compatible and harmonious with the
principal structure and the surrounding land uses and structures:
!ill. the proposed accessory building will not adversely impact land use activities
'in the immediate vicinity:
(iii) the height of the p~oposed accessory building does not exceed the height of
the principal structure: and
(iv) the. accessory building shall meet the requirements of the applicable .zoning
district including setback and maximum lot coverage.
ill An accessory building may be constructed on a lot adjacent to the lot on which the
. principal building is located under the following conditions:
ill The conditions set forth in subsections 0). (2). and (3) are satisfied.
@ A legal instrument reasonably acceptable to the City is recorded in the public
records of Seminole County that provides that the principal building lot and the
. adjacent lot are unified under common ownership and that in the event said ownership
is ever separated. the accessory building shall be removed or a principal building shall
be constructed on the adjacent lot within one (1) year from the date the lots are
separated.
City of Winter Springs
Ordinance No. 2003-07
Page 2 of 3
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Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances
and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. 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 5. Effective Date. This Orclinance shall become effective immediately upon
adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to City
Charter.
ADOPTED by the City Commission of the City of Winter Springs, FI,orida, in a regular
meeting .,sembled on the 28thdayof April ~j~. ,
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ATTEST:
NZO-LUACES, City Clerk
Approved as. to legal form and sufficiency for
the City Winter Springs only:
First Reading: April 14, 2003
Second Reading: April 28, 2003
Effective Date: April 28, 2003
City of Winter Springs
Ordinance No. 2003-07
Page 3 of 3
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lJ'M> PREPARED FROM TITlE INFORMATION FURNISHED TO THIS SURVEYOR. THERE MAY BE OTHER RESTRICTIONS OR'
EASEMENTS THAT AFFECT THIS PROPERlY. .
NO II4PROVEMENTS HAVE BEEN LOCATED UNLESS OTHERWISE SHOWN.
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COMMISSION AGENDA
Attachment for
June 9. 2003
Meeting
Consent
Information
Public Hearin~
Re~ular X
Items A.I-A.2
MGR.
/Dept.
DRAFT
CITY OF WINTER SPRINGS
MINUTES
BOARD OF ADJUSTMENT
REGULAR MEETING
JUNE 5, 2003
I.
CALL TO ORDER
Chairman Tom Waters called the Regular Meeting to order Thursday, June 5, 2003 at
7:00 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, absent
Board Member Gary Diller, present
Board Member John Herbert, present
Board Member Sharon Tackaberry, present
The Pledge of Allegiance followed.
II. CONSENT AGENDA
CONSENT
A. Approval Of The February 6, 2003 Regular Meeting Minutes.
Chairman Waters asked the Board Member if there were any corrections to the Minutes
and asked, "All those in favor accepting the Minutes as they are, say A YET'
WITH CONSENSUS OF THE BOARD, THE MINUTES WERE APPROVED.
MOTION CARRIED.
III. REGULAR AGENDA
REGULAR
A. Request Of Mr. Jason Zinno For A Conditional Use Permit To Construct A 1728
Square Foot Accessory Building At 612 Tina Lane.
Discussion.
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DRAFT
CITY OF WINTER SPRINGS
MINUTES
BOARD OF ADJUSTMENT
REGULAR MEETING - JUNE 5, 2003
PAGE 2 OF 3
"I'D LIKE TO MAKE A MOTION THAT WE RECOMMEND APPROVAL OF
JASON ZINNO'S CONDITIONAL USE TO CONSTRUCT A 1728 SQUARE
FOOT DETACHED STRUCTURE, SPECIFICALLY A HORSE BARN, AT 612
TINA LANE. AND IT'S ENSURED THAT HE COMPLIES WITH THE
GUIDELINES OF THE CITY OF BEING AT LEAST 200 FEET WEST OF OAK
FOREST AND AT LEAST 25 FEET FROM ANY WETLANDS AND THAT HE
ADDRESSES THE OTHER ISSUES OUTLINED BY THE STAFF." MOTION
BY BOARD MEMBER DILLER. SECONDED BY BOARD MEMBER
HERBERT. DISCUSSION.
VOTE:
BOARD MEMBER HERBERT: AYE
BOARD MEMBER DILLER: AYE
CHAIRMAN WATERS: AYE
BOARD MEMBER TACKABERRY: AYE
MOTION CARRIED.
REGULAR
B. Request Of Mr. Paul Starks For A Conditional Use Permit To Construct An 875
Square Foot Accessory Building At 210 Arnold Lane.
Discussion.
"I RECOMMEND APPROVAL OF PAUL STARKS' CONDITIONAL USE TO
CONSTRUCT AN 875 FOOT DETACHED STRUCTURE BEHIND HIS HOME
AT 210 ARNOLD LANE AS INDICATED IN THE DRAWINGS AND PLANS
THAT WE HAVE." MOTION BY BOARD MEMBER DILLER. SECONDED BY
BOARD MEMBER HERBERT. DISCUSSION.
VOTE:
BOARD MEMBER DILLER: AYE
CHAIRMAN WATERS: AYE
BOARD MEMBER TACKABERRY: AYE
BOARD MEMBER HERBERT: AYE
MOTION CARRIED.
IV. FUTURE AGENDA ITEMS
Brief discussion.
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V. REPORTS
Brief discussion.
VI. ADJOURNMENT
ORAfl
CITY OF WINTER SPRINGS
MINUTES
BOARD OF ADJUSTMENT
REGULAR MEETING - JUNE 5, 2003
PAGE 3 OF 3
"I MAKE A MOTION WE ADJOURN." MOTION BY BOARD MEMBER
DILLER. SECONDED BY BOARD MEMBER HERBERT. DISCUSSION.
WITH CONSENSUS OF THE BOARD, THE MOTION WAS APPROVED.
MOTION CARRIED.
Chairman Waters adjourned the Meeting at 8:11 p.m.
RESPECTFULLY SUBMITTED BY
DEBBIE GILLESPIE, DUPUT CITY CLERK AND
MICHELE KELLY
ASSIST ANT TO THE CITY CLERK
A~/g
THOMAS WATERS, CHAIRMAN
BOARD OF ADJUSTMENT
NOTE: These Minutes were approved at the
S:\dept - City Clerk\Boards and Committees\Board of Adjustment\aIll\MINUTES\060503 REGULAR.doc
, 2003 Board Of Adjustment Regular Meeting.
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