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HomeMy WebLinkAbout2013 01 28 Public Hearing 504 749 N. Gretna Court Waivers COMMISSION AGENDA     Informational Consent ITEM504 Public Hearings X Regular       January 28, 2013KSRS Regular MeetingCity ManagerDepartment         REQUEST: The Community Development Department - Planning Division requests the City Commission 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 apparently 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 facilitate correction of the foundation problems. CONSIDERATIONS: FUTURE LAND USE AND ZONING DESIGNATION FLU:               Low Density Residential Zoning:            PUD (Planned Unit Development) Public Hearings 504 PAGE 1 OF 5 - January 28, 2013   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. 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 applies.   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. The owner has stated that, during the purchase of the home, it was not disclosed to the owner that 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. During the purchase of the home, Public Hearings 504 PAGE 2 OF 5 - January 28, 2013 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. Staff suspects that the  addition was constructed on a patio slab without the proper thickness to support the addition.  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. If the waiver Public Hearings 504 PAGE 3 OF 5 - January 28, 2013 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 and is preventing the owner from rectifying a structural problem that threatens part of the house.  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.   The proposed development plan is compatible with the surrounding  neighborhood as it is the same as the same as currently exists. 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: This Agenda Item has been electronically forwarded to the Mayor and City Commission, City Manager, City Attorney/Staff, and is available on the City’s Website, LaserFiche, and the City’s Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City’s Website, LaserFiche, and the City’s Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas/Agenda Item information, Homeowner’s Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals.   RECOMMENDATION: Staff and the Planning & Zoning Board recommend the City Commission approve 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 Public Hearings 504 PAGE 4 OF 5 - January 28, 2013 district for an existing room addition since:   The property owner did not initiate the violation.  The property owner is seeking to remedy a structural deficiency on a  portion of the home and is not proposing any expansion. 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 E.            Minutes, January 10, 2013 Planning & Zoning Board meeting Public Hearings 504 PAGE 5 OF 5 - January 28, 2013 Attachment "A" Attachment "B" Attachment "C" Attachment "D" Attachment "E"