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HomeMy WebLinkAbout2013 01 10 Public Hearing 501 - 749 North Gretna Court, Rear Set-Back WaiverPLANNING & ZONING BOARD AGENDA ITEM 501 January 10, 2013 Meeting Consent Information Public Hearing X Regular Mgr. / Dept REQUEST: The Community Development Department - Planning Division requests the Planning & Zoning Board /Local Planning Agency hold a public hearing for property located at 749 N. Gretna Court, for approval of a waiver to Section 20 -353 (e)(2) (c) of the City Code, to permit a rear setback encroachment from 25 -feet to 10 -feet in The Highlands, Section 4 PUD (Planned Unit Development) for an existing room addition. SYNOPSIS: The applicant is requesting approval of a waiver to Section 20 -353 (e)(2) (c) of the City Code to permit a rear setback of 10 -feet for an existing room addition. The applicant recently purchased the home located at 745 N. Gretna Court. Following purchase of the home, foundation problems were discovered. The applicant submitted a building permit application to the City to correct this problem. Upon review of the building permit application by the Building Official, it was discovered that the rear portion of the building, which is a room addition, encroaches 15 -feet into the required 25 -foot rear setback and was built by a previous owner without a permit. A 25 -foot rear setback is required per The Highlands homeowners association (HOA) documents. The permit application was denied due to the setback encroachment of the existing room addition. Subsequently, the applicant requested a waiver to permit the room addition in the rear setback in order to correct the foundation problems. CONSIDERATIONS: FUTURE LAND USE AND ZONING DESIGNATION FLU: Low Density Residential Zoning: PUD (Planned Unit Development) APPLICABLE LAW &, PUBLIC POLICY City of Winter Springs Comprehensive Plan City Code, Chapter 20, Section 20 -34, Waivers City Code, Chapter 20, Article IV, Planned Unit Developments, Section 20 -353 (e)(2) (c), Conflicts. January 10, 2013 Planning & Zoning Board, Item 501 Page 2 of 4 The Highlands, Declaration of Covenants, Conditions and Restrictions. DISCUSSION: The applicant is requesting a waiver to Section 20 -353 (e)(2) (c) of the City Code. This section of the Code discusses building setback requirements for existing PUD's. Specifically, this section refers to conflicts between required setbacks for existing PUD's and those required in HOA covenants and restrictions. This section states "in the event of any conflict between the requirements of this section and any declarations of covenants and restrictions governing site conditions of a PUD development within the city, the more restrictive shall apply." The HOA covenants for The Highlands requires a 25 -foot rear setback for principle structures. The required rear setback for existing PUD's is 10 -feet as noted in the City Code. Therefore, the 25 -foot rear setback required per The Highlands HOA documents apply. The applicant recently purchased the home located at 749 N. Gretna Court. According to the Seminole County Property Appraiser's data, the home was constructed in 1978. Sometime after the home was constructed, an addition was constructed on the rear of the home by a previous owner. According to the boundary survey that was provided, the rear of the home meets the required 25 -foot rear setback. The rear addition was constructed approximately 10 -feet from the rear property line. After the applicant purchased the home, foundation problems were discovered which required the submittal of a building permit to correct. Upon review of the building permit application by the Building Official, it was discovered that the room addition encroaches 15 -feet into the required 25 -foot rear setback. The permit application was subsequently denied. Based on the City's records, and the Property Appraiser's data, no building permit was ever issued for the addition. During the purchase of the home, it was not disclosed to the applicant the addition encroached into the rear setback by 15 -feet. FINDINGS The 6 waiver criteria set forth in Subsection 20 -34 (d) are as follows: 1. The proposed development plan is in substantial compliance with this chapter and in compliance with the comprehensive plan. • Staff finds no conflicts with the comprehensive plan, and, other than the setback encroachment, no conflict with other parts of the zoning code (Chapter 20). 2. The proposed development plan will significantly enhance the real property. • The rear addition was built sometime after the home was originally constructed. According to the Property Appraiser's information, the home was constructed in 1978. The City has no record of the addition being permitted, and the property owner could not provide proof the addition was permitted. January 10, 2013 Planning & Zoning Board, Item 501 Page 3 of 4 During the purchase of the home, it was not disclosed to the applicant that the addition encroached into the rear setback by 15 -feet. The discovery of the setback encroachment was caused by the need to repair a foundation problem. The applicant has obtained letters of support from the Highlands HOA and from the surrounding property owners for the waiver request. Aerial photographs reveal this portion of the property to be covered in tree canopy; the addition is not visible from the surrounding area. 3. The proposed development plan serves the public health, safety, and welfare. • The addition was never permitted by the City. As previously mentioned, there are foundation problems in the addition the applicant is attempting to repair. When the addition was constructed, Florida Building Code safety issues such as wind load were not addressed. If the waiver is approved, then the addition will be required to obtain a building permit and be brought into compliance with all applicable requirements of the Florida Building Code, thereby protecting the public health, safety, and welfare. 4. The waiver will not diminish property values in or alter the essential character of the surrounding neighborhood. • Staff believes the waiver will not diminish property values and will not alter the essential character of the surrounding neighborhood in a negative manner. The addition has been in use for many years prior to the current owner purchasing the property and was constructed by a previous owner. Additionally, the applicant has obtained letters of support from the Highlands HOA and from the surrounding property owners for the waiver request. Aerial photographs reveal this portion of the property to be covered in tree canopy; the addition is not visible from the surrounding area. This is not a self - imposed hardship; the applicant inherited this problem upon purchase of the home. It was not disclosed that the addition encroaches 15- feet into the required rear setback. 5. The waiver granted is the minimum waiver that will eliminate or reduce the illogical, impractical, or patently unreasonable result caused by the applicable term or condition under this chapter • Staff believes the waiver request is the minimum request that will eliminate or reduce the illogical, impractical, or patently unreasonable result caused by the applicable term or condition under this chapter. The applicant recently purchased the home and during the sale transaction, it was not disclosed that the addition encroaches into the required rear yard setback by 15 -feet; and further, was constructed without a building permit. Granting the waiver will allow the structure to be brought into compliance with all applicable requirements of the Florida Building Code. January 10, 2013 Planning & Zoning Board, Item 501 Page 4 of 4 If the waiver is not granted, the structure would need to be demolished, resulting in significant expense to the current owner as well as loss of living space within the structure. Because of the specific circumstances that are attached to this situation, the 25 -foot rear setback requirement imposes an undue hardship on the applicant. This is not a problem that was self - created. The applicant is proceeding through the proper channels to remedy the problem. Granting of this waiver is not considered precedent; waivers are evaluated on a case -by -case basis, and are dependent upon the analysis of facts and history that have been presented by each applicant. 6. The proposed development plan is compatible with the surrounding neighborhood. • Staff believes the proposed development plan is compatible with the surrounding neighborhood. It has been in use for many years prior to the purchase of the property by the applicant. Additionally, letters of support have been obtained from the Highlands HOA and from the surrounding property owners. Aerial photographs of the property reveal the property to be covered in tree canopy; the addition is not visible from the surrounding area. FISCAL IMPACT: The approval of the Waiver will not impose any negative fiscal impacts to the City. COMMUNICATION EFFORTS: The Meeting Agenda and this Agenda Item have been forwarded to the Planning and Zoning Board members and are available on the City's Website, LaserFiche, and the City's Server. The Agenda has been forwarded to the Mayor and City Commission; City Manager; and City Attorney /Staff. Additionally, the Meeting Agenda has been sent to media/press representatives, all Homeowner's Associations on file with the City, all individuals who have requested Agenda information, Department Directors; and also posted outside City Hall; posted inside City Hall with additional copies available for the general public. RECOMMENDATION: Staff recommends that the Planning & Zoning Board forward a recommendation of approval to the City Commission for the approval of a waiver to Section 20 -353 (e)(2) (c) of the City Code to allow a rear setback encroachment from 25 -feet to 10 -feet in The Highlands PUD (Planned Unit Development) zoning district for an existing room addition since: • The property owner did not initiate the violation. • The property owner is seeking to remedy the condition. • The HOA and surrounding property owners support the request. ATTACHMENTS: A. The Highlands, Declaration of Covenants, Conditions and Restrictions — building setback requirements. B. City Code, Chapter 20, Section 20 -353 (e)(2) (c) C. Waiver application package — 749 N. Gretna Court D. Building Official comment review — December 14, 2012 Attachment "A" 1. All roof vents and turbines are to be painted color of the roof. All electrical and wind operated vent turbines are to be located on the rear slope of the.roof... All other roof vents. are to be located on the rear slope if possible. • o match the.. R. Floor Areas 1. Minimum. square footage of floor.areas•for single- family dwellings are given in the following table: Minimum. Net Interior Dwelling Unit Usable Floor Area Two bedrooms Three bedrooms Four'bedrooms. Five bedrooms 1,050 sq. ft. 1,300 sq. ft. 1,400 sq. ft. 1,600 sq. ft. 2. Footages given are for net interior usable floor area of the main structure, exclusive of basement,, patio, open or screened porches, garage, guest house, and other outbuildings incidental to the residential use of the premises. Interior square footage beneath a ceiling height of less than seven feet cannot be included as usable floor space. 3. All single - family detached units must have double garage, IV. SITE PLANNING A. Site plans-for each building lot are to be• reviewed and approved by the ARB. Building Setbacks 1. Single-Family Reusing a. Building setbacks for typical lots are to be as follows: • (1) Front yard: 25 feet (2) Side yard: 711 feet (3) Rear yard: 25 feet (4) Corner side lot: 15 feet -4- • Municode Attachment "B" Page 1 of4 Sec. 20 -353. - Standards for planned unit developments. (a) Unified control. At the time of application, all properties within a proposed PUD shall be under unified ownership or control, as demonstrated by appropriate legal documents submitted by the applicant. These documents shall be reviewed for and are subject to a determination of legal sufficiency by the City Attorney. (b) Minimum size. The minimum parcel size for a PUD is ten (10) acres. All proposed developments which contain at least fifty (50) developable acres inclusive of wetlands proposed to be mitigated, except developments proposed to be located within the Town Center or Greeneway Interchange zoning districts, shall be located within a PUD zoning district. (c) Permissible uses, density, and intensity, Permissible uses within the PUD shall be established within the development agreement consistent with the underlying future and use designation(s) identified on the future land use map of the comprehensive plan. There shall be at least two (2) different uses within a new PUD, and at least one (1) of the uses shall be a non - residential use. Nothing herein shall be construed to abrogate specific use restrictions- set forth in this Code including the restrictions set forth in Chapter 20, Article V, Supplemental District Regulations. Home occupations shall be permitted within the PUD subject to the provisions of Chapter 20 and are not required to be established within the development agreement. (d) Maximum density and intensity of development. The density and intensity of development within the PUD zoning district shall be established within the development agreement consistent with the maximum density and intensity allowed within the property's future land use designation set forth in the Comprehensive Plan. (e) Size and dimensional regulations. (1) The location, size, dimensions, and design of yards, building and parking setbacks, vehicular access, loading and unloading areas, accessory structures, and utility areas (including, but not limited to, permanent areas for dumpster enclosures, utility infrastructure, stormwater management facilities, outdoor storage of vehicles, machines, and materials) shall be identified and set forth in the development agreement and master plan, and /or preliminary engineering plans for each applicable portion of the planned unit development. (2) Existing PUDs. a. Unless otherwise provided elsewhere in the City Code or upon a plat of record or in an active development agreement approved by the city, principal building setbacks for property zoned PUD shall be as follows: (i) Front yards. The front yard shall not be less than twenty -five (25) feet in depth; (li) Rear yards. The rear yard shall not be less than ten (10) feet in depth; (iii) Side yards. The side yard shall not be less than five (5) feet on each side of the dwelling structure; and (Iv) Corner yards. On corner lots, the front yard set back of twenty -five (25) feet must be maintained, at a minimum, on all sides abutting private or public rights -of -way. b. http:// libraxy. municode,com/ print. aspx? h— &client1D= 12019 &HTMRequest =http %3a %2f%... 1/4/2013 Municode Page 2 of 4 Zero lots line. Notwithstanding the minimum setback requirements of this subsection, zero lot line property shall be governed as follows. Unless otherwise provided elsewhere in the City Code or upon a plat of record or in an active development agreement previously approved by the city commission, the principal building setbacks for zero lot line property zoned planned unit development (PUD) shall be as follows: (1) Front yards. The front yard shall not be less than twenty -five (25) feet in depth; (11) Rear yards. The rear yard shall not be less than ten (10) feet in depth; (iii) Side yards. The side yard shall not be less than five (5) feet on one (1) side of the dwelling structure; and (iv) Corner yards. On corner lots, the front yard set back of twenty -five (25) feet must be maintained, at a minimum, on all sides abutting private or public rights -of -way. c. Conflicts. In the event of any conflict between the requirements of this section and any declarations of covenants and restrictions governing site conditions of a PUD development within the city, the more restrictive shall apply. in the event of any conflict between the requirements of this section and any recorded development agreement approved by the city commission or court approved settlement agreement governing site conditions of a PUD development within the city, the conflicting provision in the development agreement or court approved settlement agreement shall prevail. (3) New PUD developments. Nothing contained in this section shall be construed as limiting the city commission's authority to impose setback requirements greater or lesser than the minimum requirements of this section for PUD developments approved after the effective date of this section. (f) Perimeter transition. (1) General. The transition between existing development and the PUD shall provide a progression of complementary uses to the greatest extent reasonably possible. The goal is to encourage interconnectivity, to avoid the need for or use of walls, earthen berms, or other obstacles, and to encourage access and positive interaction and synergy among and between uses. (2) Landscape buffers. If the City Commission determines that a buffer is required, the buffer shall be dedicated on the plat, if applicable, and shall be held in common ownership to ensure adequate and uniform maintenance. Any buffer plantings around the perimeter of the PUD or any portion of the PUD shall be comprised of at least seventy -five (75) percent native plant species and shall be compatible with the soil pH conditions and hydrology. (g) Street dedication and public access. The provision of new private gated communities is prohibited, except to accommodate extreme circumstances of adjacent incompatibility. Adequate access among and between adjacent developments shall be provided to the greatest extent reasonably possible. Existing private streets within PUDs shall not be converted to public streets unless the streets are designed and constructed to City specifications, at minimum, and unless adequate access to adjacent properties is provided. Even where existing development is not conducive to access connection, acquiring or providing adequate emergency access is important to protect the public safety and, access shall be maximized. In new development or substantial redevelopment, emergency, pedestrian, and bicycle access shall be maximized to the extent that is reasonable, even if or http:// library. mu€. nicode .com /print.aspx ?h= &elientID =12019 &HTMRequest= http %3 a %2 /a... 1/4/2013 Munieode Page 3 of 4 when motor vehicle access cannot be expanded. Intersections within the PUD shall be designed to ensure pedestrian safety. (h) Sidewalks and trails. Lighted sidewalks (a minimum of five (5) feet in width) shall be provided on both sides of the road within any new PUD or any new subdivision (or subdivision redevelopment) within an existing PUD, except that where a trail of at least eight (8) feet in width is provided in close proximity to and substantially parallel to the roadside, the trail may count for the sidewalk on that side of the roadway. Sidewalks and trails shall be planned, designed, and constructed to provide maximum safe connection to mass transit, other trails and sidewalks, as well as to schools, parks, restaurants, shopping, and other activity centers. Adequately lighted and designated pedestrian walkways shall be provided within parking lots to ensure pedestrian safety. (0 Placemaking. Pedestrian - oriented block size (approximately one - quarter (1/4) mile perimeter), interconnected roadways, and building orientation toward the most prominent public spaces is required throughout a new PUD (except in industrial areas within a PUD). (J) Lighting and signage. Street lighting and signage which promotes aesthetics and reinforces appropriate pedestrian - oriented streetscape design shall be incorporated throughout the PUD. On -site lighting shall retain light on -site, so that of site light spillage is limited to not more than 0.5 foot - candles unless otherwise approved by the City Commission. Street and parking lot lighting within or adjacent to residential portions of the PUD shall be designed to be consistent with that residential development (for example, so that lights do not interfere with second or third story residential activity and light source glare is not visible from adjacent residential properties). Signage shall incorporate a common architectural and aesthetic integrity, context harmony, and theme for the PUD. Signage shall adhere to City Code specifications, except that certain signage encouraged or permitted within the town center district may be provided where appropriate within a PUD outside of the town center, subject to approval (e.g. aesthetics, dimensions, materials, colors, illumination, context, and location) by the City Commission and inclusion in the development agreement. (k) Utility lines. All new or relocated utility lines shall be located underground at the developer's expense. Unshielded utility features shall not be visible from private or public rights -of -way or other public places. Placement of a utility feature in conflict with this provision in a new development or substantial redevelopment shall be relocated promptly at the developer's expense. (1) Water and sewer. All new PUDs or substantial development or redevelopment in a PUD shall connect to City potable water and sanitary sewer services. The PUD shall extend the distribution lines along the property to accommodate future service to adjacent properties, unless otherwise - approved by the City Commission. Connection to existing water and sewer systems shall be at the developer's expense, except that where the City requires utility lines of greater capacity than required for the proposed development, the City shall be responsible for providing the greater capacity and shall reimburse the developer for such excess costs paid by the developer. No interim water or sewer service outside of the city system shall be allowed. Connection to reclaimed effluent shall be required where available. (m) Drainage and stormwater management. Drainage and stormwater management shall be master planned for the PUD and shall incorporate innovative designs, such as, but not limited to, cisterns, green roofs, rain gardens, pervious pavement, and bio- swales to limit pollution runoff, to off-set potable water use for irrigation, and to aid in efficiently and economically heating and cooling buildings. Drainage and stormwater may be phased, consistent with phasing for the development, provided that the each phase can stand on its own and does not compromise future phases of development. (n) http: // library. mun. icode .comIprint.aspx?h = &client1D - 12019 &HTMRequest= http %3a %2 /o... 1/4/2013 Municode Page 4 of 4 Landscaping. All planted material shall be certified as Florida number one grades and standards (most recent iteration) before installation and shall be installed pursuant to plan specifications or as approved by the City Arborist. These installation specifications shall be consistent with the Institute for Agricultural Sciences (IFAS) standards and best practices. Such plant materials shall have been grown within an approximate 150 -mile radius of Seminole County as documented to ensure survivability and sustainability. After installation, the applicant's landscape architect shall certify that the landscape materials have been appropriately installed pursuant to the specifications set forth on the landscape plans approved by the City (e.g. species, quality, height, location, spacing, quantity, site preparation, planting, and mulching). This shall include, but not be limited to, ensuring that plantings are at the prescribed and appropriate depth, in relation to adjacent grade, to ensure survivability. (Ord. No. 2011 -02, § 2, 5 -941; Ord. No. 2011 -08, § 2, 10- 10 -11) http: / /library.municode. co rn/ print. aspx? h= &c1ient1D- 12019 &HTMRequest— http %3a %2f%... 1/4/2013 Attachment "0" CITY OF WINTER. SPRINGS COMMUNITY DEVELOPMENT DEPARTMENT 1126 STATE ROAD 434 WINTER SPRINGS, EL 32708 407- 3275966 FAX :407 - 327 -6695 BOARD OF ADJUSTMENT APPLICATION © /CONDITIONAL USE / SPECIAL EXCEPTION III VARIANCE © WAIVER APPLICANT: MAILING ADDRESS: tAtici �uskee u-c, Ps Avskee Di -Ose. /9 C k-nPr LAM TroS. Last First Middle ,SS Cony 0y al L a*1 c� 3 3`7 tftA� City State rr�__ Zi Code PHONE & EMAIL t?01 4453 - SI 3oS0.3 . Jet 11I {t t I. ZDr1 If Applicant does NOT own the property: PROPERTY OWNER: MAILING ADDRESS: PHONE & EMAIL Last First Middle City State Zip Code This request is for the real property described below: �� PROPERTY ADDRESS 149 N 1re/n 1 L1J74 + S Yl S °18. TAX PARCEL NUMBER: as " 2O - 3 0 .. 5 t ( 0000 - o; O SIZE OF PARCEL: 1 &3L Square Feet EXISTING LAND USE: P4Si �1 l Acres Current FUTURE LAND USE Classification: 01 — St�t��� Felt-411y vt - 5 i nske, F City Current ZONING Classification: Please state YOUR REQUEST: March 2005 The APPLICANT IS RESPONSIBLE for posting the blue notice card (provided by the City) on the site at least SEVEN (7) DAYS prior to the Board of Adjustment Meeting at which the matter will be considered. Said notice shall NOT be posted within the City right -of -way. All APPLICANTS shall be afforded minimal due process as required by law, including the right to receive notice, be heard, present evidence, cross - examine witnesses, and be represented by a duly authorized representative. The CITY COMMISSION shall render all final decisions regarding variances, conditional uses and waivers and may impose reasonable conditions on any approved variance, conditional use or waiver to the extent deemed necessary and relevant to ensure compliance with applicable criteria and other applicable provisions of the City Code and Comprehensive Plan. All formal decisions shall be based on competent substantial evidence and the applicable criteria as set forth in Chapter 20, Zoning. APPLICANTS are advised that if, they decide to appeal any decisions made at the meetings or hearings with respect to any matter considered at the meetings or hearings, they will need a record of the proceedings and, for such purposes, they will need to insure that a verbatim record of the proceedings is made, at their cost, which includes the testimony and evidence upon which the appeal is to be based, per 286.0105, Florida Statutes. Any CONDITIONAL USE, VARIANCE, or WAIVER which may be granted by the City Commission shall expire two (2) years after the effective date of such approval by the City Commission, unless a building permit based upon and incorporating the conditional use, variance, or waiver is issued by the City within said time period. Upon written request of the property owner, the City Commission may extend the expiration date, without public hearing, an additional six (6) months, provided the property owner demonstrates good cause for the extension In addition, if the aforementioned building permit is timely issued, and the building permit subsequently expires and the subject development project is abandoned or discontinued for a period of six months, the conditional use, variance or waiver shall be deemed expired and null and void. (Code of Ordinances, Section 20-36) THE FOLLOWING ITEMS ARE TO BE SUPPLIED WITH THIS APPLICATION: ,.H' A copy of the most recent SURVEY of the subject property. .' A copy of the LEGAL. DESCRIPTION reflecting the property boundaries. O 11 x 17 MAP showing ADJACENT STREETS and ZONING AND LAND USE classifications on the ADJACENT PROPERTY. O JUSTIFICATION for the Request (See Attached List) NAMES and ADDRESSES of each property owner within 150 ft. of each property line. p Notarized AUTHORIZATION of the Owner, IF the Applicant is other than the Owner or Attorney for the Owner (see below). O APPLICATION FEES: FEES are as SHOWN BELOW plus ACTUAL COSTS incurred for ADVERTISING or NOTIFICATION, and for REIMBURSEMENT for TECHNICAL and/or PROFESSIONAL SBRVICES which may be required in connection with the review, inspection or approval of any development (based on accounting submitted by the City's Consultant) , payable prior to approval of the pertinent stage of development. CONDITIONAL USE / SPECIAL EXCEPTION $ 500 ? WAIVER $ 500 7 7 VARIANCE TOTAL DUE $ 2 Much 2005 By submitting this application you hereby grant temporary right of ent property for purposes of evaluating this application. FOR USE WHEN APPLICANT IS OWNER OF THE SUBJECT REAL PROPERTY: This is to certify that 1 am the Owner in fee simple of subject lands described within this Applicat Board of Adjustment consideration: for city officials to enter upon the subject Signature of Owner Sworn to and subscribed before me this Z 1 day of neCVvivIbe2o )7.. 0 l/ Personally Known. Produced Identification: (Type) Did take an Oath Did Not take and Oath Notary Public My Commission expires: E• ".U7) 395 -Di C@ ARA E SPANN jf:iaM iSS1ON 4 EE1340 84 EXf31RES September 28, 2015 F loridallo!cryService.c FOR USE WHEN APPLICANT IS NOT OWNER OF THE SUBJECT REAL PROPERTY: do hereby, with my notarized signature, allow to represent me in this Application related to my property. The property is identified as: Tax Parcel Number(s) Located at Signature of Owner(s) Sworn to and subscribed before me this day of 20 Personally Known Produced ID: (Type) Did take an Oath Did Not take and Oath * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Notary Public My Commission expires: ** * * * * * * * *' * * * * * * * * * * ** March 2 05 WAIVER REQUEST A waiver request requires the property owner to dearly demonstrate that the applicable term or condition (the subject of the waiver request) dearly creates an illogical, impossible, impractical, or patently unreasonable result [winter Springs Code of Ordinances, Section 20 -34 (a)]. Please explain how your request meets this requirement (use a separate sheet if necessary). f :r In addition to the standard set forth in Section 20 -34 (a), a waiver requires compliance with ail six (6) criteria enumerated in the Winter Springs Code of Ordinances, Section 20 -34 (d). Address each of the following conditions related to the variance request. Attach additional paper as necessary: j%�� © What is the Waiver you are requesting? /14/, d1/9 — / .2 /h I ®e7 a4r:e 5 cam - $a/ ms-/ © Is the proposed development plan in substantial compliance with Chapter. 20 of the City's Code of Ordinances and in compliance with the Comprehensive Plan? „9 © Will the proposed development plan significantly enhance the real property? © Will the- proposed development plan serve the public health, safety, and welfare of the City of Winter Springs ? Ll° CONTINUED ON NEXT PAGE 4 March 2005 O Will the waiver diminish property values in or alter the essential character of the surrounding neighborhood? D Is the waiver request the minimum waiver that will eliminate or reduce the illogical, impossible, impractical, or patently unreasonable result caused by the applicable term or condition under this chapter? /154,vi /2-7-c L5.-- 44 /3P.-e_ ,...5.76/..Zee-- ' eene6749,5,ime,,24_ D Is the proposed development plan compatible with the surrounding neighborhood? Of if.,‘ r /IS rif AXI 5 March 2005 PLAT OF SURVEY DESCRIPTION LOT 18, AND THAT PART OF TRACT 8, THE HIGHLANDS SECTION FOUR, ACCORDING TO THE PLAT THEREOF' AS RECORDED IN PLAT BOOK 19, PAGE 44, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA. BEGIN AT THE SOUTHEAST CORNER OF SAID LOT 18, RUN NORTH 33 DEGREES 38 MINUTES 05 SECONDS EAST A DISTANCE OF 146.65 FEET TO THE NORTHEAST CORNER OF SAID LOT 18, THENCE SOUTH 88 DEGREES 16 MINUNTES 01 SECONDS EAST A DISTANCE OF 14.74 FEET, THENCE SOUTH 33 DEGREES 38 MINUTES 05 SECONDS WEST A DISTANCE OF 161.06 FEET, THENCE NORTH 28 DEGREES 33 MINUTES 10 SECONDS WEST A DISTANCE OF 14.14 FEET TO THE POINT OF BEGINNING REMAINDER OF TRACT ' B" CW F.90, 1 1/4" IP 90 # 9,33'38'05 "E 146.65' PLAT & OESC --Y N33'38`01'E 145_64_MEAS,_,- PART OF TRACT "6" PND. 5/8" IR PLS # 4200 2.0.8 4 SE CORNER OF LOT 18 F90, 1 I /4" 12 •t ONOif LOT 17 SET 1/2" IR L8 #'4475 ALSO NOD 5/2" IR (0.0' N, 2.6' w) E/P CI LOT 19 ryti� �ry LINE CHART Li 588'16'01"E 14.74' DESC L1 '588" 17'57"E 14.44' MEAS L2 N28'33'1O"W 14.14' DESC L2 N29" 55'33''W 15 -02' MEAS Q_ CURVE DATA = 59'58'14" R = 45.00' L = 47.10' CHORD N31'45'16 44.98' PLAT N28' 35'19"E \ 43,35' MEAS NW CORNER OF LOr 19 0, 1/2" IR # L8 2108 JOB #35052 CF SC19-- 44L0T1BETC HELD DATE: 1 1 -27 -12 SCALE: I' .. 30' DRAWN BY FARIV BOUNDARY SURVEY CERTIFIED TO: JOSH SCHILLING o,7 Orlando Inc., LB 4475 A\ 2012 E. Robinson St. Orlando, Florida 32803 www.AccurightSurveys.net 0ccusurvey@bellsouth.net PHONX (407) 89443f4 FAX (407) 897 -3777 NOTES: 5, BEARING' STRUCTURE IS ASSUMED AND BASED ON THE MONUMENTED WEST L07 TIHE OF LOT 18. 2. MS BUL01NC /LOT LIES IN S.ON£ "X, BASED ON FLOOD INSURANCE RATE MAP NO, 121170075SF, COMMUNITY N0. 120292 CITY OF WINTER 55RINCS, 5EMINOLE COUNTY, FLORIDA. EFFECTIVE SEPTEMBER 25, 2009. 3. TRIS SURVEY REFLECTS ONLY MATTERS OF RECORD AS PROVIDED BY CLIENT. 4. UNDERGROUND IMPROVEMENTS HAVE NOT BEEN LOCATED. S. BUILDING TIES SHOWN ON 11115 SURVEY SHOULD NOT BE USED TO RECONSTRUCT PROPERTY LINES. 6. THIS SURVEY IS VALID ONLY FOR 1715 PAR71E5 10 WHOM IT IS CERTIFED. 7 + IS. SURVEY EXCEEDS 111E ACCURACY REQUIREMENTS SET FORTH IN FLORIDA STATUTES. JAMES D. qFAY P' ..6507 '605 791ID AMU' THE MATURE MO THE 05159AL RWJSEJ) SEAL OF MS ri,.OR019 0CENSEO SURVEY07 100 MAPPER." S:l5EM1N0LE ISC1 -44- THEHIGHLANDS SECTION REVIS NS LEGEND pi - CABLE TV RISER 1R OENTERUNE L cWW - CON00011OErBLOCK WALT. # CC - 501.0505 50506616 1.5 - 017 - CHAN LINK FENCE LEA - CM -- CONCRETE M0NIIMENT !CAS - CONC - CONCRETE MF O01R1 - COVERED M5 CP - CONCRETE PAD Nk9 - CW - CONCRETE WALKWAY OW 9 - CENINAL ANGLE OR8 5a9 - 0E5cRISEO k MEASURED P0M OE - ORANGE EASEMENT P8 0�1120 - DESCRIPTION 50 0 - 00r MIME PF 0W - DRNEWAY PO' - EDGE OF PAVEMENT - FCC - 5T.ECTRIC 80X %✓T - ELECT90 ME ER LL - Ei.9'A17ON 1 Pr OUT - EA5EMEN7 T FINISREV ELEVAROR 1177' FIRE FIRM -- FLOOD INSURANCE ' UR RATE MAP -UP FNO - FOUND ?- -- 02Y HIRE ANGNOR WF IP - IRON PIPE Y15 COPYRIGHT W 1981 - 2612. AC 8118 oloIS0I9- 44LOT10ETCAwa- Nov 29.2012 P !IRON R00 ARC LENOTH L10ENSED 811018755 LIGHT POLE LICENSED 5U91.5)5R 1AN05G4PE AREA MFA511RE0 METAL FENCE METAL SHED NAit k DISK 055015EAO 11/RE - OFFICIAL RECORDS 850x - PEAT G& MEASURED - PLAT BOON - POINT OF CVRVA1096 - PAGE - PLAST15 FENCE PONT OF 95OINNINO - Po1NT OF 001,4ME800111 1 - RADIUS -- RMCN7 OF WAY - 7ELEF110NE RISER TRANSFORMER TYPICAL .. U11UTY FJSEMENr - 05L0Y POLE - W91L.R METER WATER VALVE - WOOD FENCE - WOOD SI410 CURMGHT SURVEYS BUILDING DISCLOSURE - 749 GRETNA CT. 32708 The Highlands Homeowners Association 2200 Shepard Rd. Winter Springs FL 32708 To whom it may concern, We purchased the subject property (749 Gretna Ct.) on October 26th, 2012. We were aware of a settlement issue in the back room that had to be corrected. We decided to move forward with the purchase after having several quotes done for the repairs. The entire project was to be engineered and contracted to restore the integrity of the structure. We were also going to make sure the city was aware of these corrections through the necessary permits pertaining to the work. After trying to get the permits through the city we have come to a dead end due to a setback violation on the back room, which is now understood to be an enclosed porch addition. The city has record of the cement slab permit, but they do not have any record of the enclosed structure being built In order to get the permits from the city due to the slight setback violation, we must now obtain a variance from the city as well. We have certain steps we must take for the variance and having the Highlands HOA sign off on acceptance of the pre- exiting addition is one of them. We will provide the HOA with a copy of the permit /variance once we receive them. Thank you for your cooperation in this matter. Sincerely, yeN C46,1V1w\ (Your New Owners) 41<(66{167 KA % s , re NEIGHBOR NAME: 1 NEIGHBOR ADDRESS: 7 `' 7 N C75) t, \ \ k3LA NEIGHBOR CONTACT: have no disputes with the pre- existing addition in the rear of the home on 749 N. Gretna Ct. Winter Springs FI 32708. NEIGHBOR NAME: L 2- JOV\O_Son NEIGHBOR ADDRESS: 1 1-9 & d iv NEIGHBOR CONTACT: 400% , have no disputes with the pre - existing addition in the rear of the home on 749 N. Gretna Ct. Winter Springs FI 32700. DATE NEIGHBOR NAME: '(k V-- v 7.c-2_ 14. gp_61;44- Co g- NEIGHBOR ADDRESS: NEIGHBOR CONTACT: G'*1 g23 - 6813 I, (vk ►t- , have no disputes with the pre - existing addition in the rear of the home on 749 N. Gretna Ct. Winter Springs Fl 32708. NEIGHBOR NAME: ' b -\ \\ �{\ NEIGHBOR ADDRESS: vJ k t , `0 �(A %rfj, NEIGHBOR CONTACT: 0 1 16 YOO z, tj \, Un. , have no disputes with the pre- existing addition in the rear of the home on 749 N. Gretna Ct. Winter Springs Fi 32708. SIGNA URE DATE e_Cae 1 MiK( Attachment Conditions of Approval By Permit Permit: BLDG T201202811 The following Conditions of Approval are required to complete the permit: Page: 1 of 1 Run Date: Friday January 4, 2013 11:26 am Condition; of Approval nterej BUILDING REVIEW COMMENT REVIEW 14- DEC -12 MSCHERAL For any questions regarding the building department comments, please contact Michael Scheraldi at 407.327.5974. After the discovery that this addition was constructed without a perimeter spread footing, the fact that the addition is in violation of the rear yard setback and the lack of city records verifying the permitting of this addition, the city has no choice but to conclude that this addition was constructed without being permitted. Both state building codes and city ordinance require this type of construction to be permitted. 105.1 FBC, 6 -31, 6 -81 & 6 -101 City Ord. if you can provide evidence verifying the permitting of this addition , the city will revisit its opinion. In the event that it can be determined this addition was permitted it will still be in nonconformance with city zoning (setback) regulations. ( The rear setback requirements for this subdivion is 25 ft., your addition has a rear setback of 14.5 ft.) Nonconforming structures shall meet the requirements of Section 9 Art. X1 In conclusion there are three ways to bring this structure into code compliance: 1) Provide evidence this addition was permitted and address the nonconformance through remedies provided in Section 9 Article Xi City Code of Odinances. 2) Apply for a variance for the rear setback violation. If approved, you will then need to apply for a permit to construct this addition. It will need to meet all the requirements of the code currently in effect (2010 FBC, 2008 NEC). 3) Remove the addition and restore the property to its originally permitted use and condition. REVIBIONe 1.5 KivaCla$ai.c Report gprpo3