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HomeMy WebLinkAbout2013 10 28 Consent 306 Unapproved Minutes from the October 16, 2013 Special Meeting COMMISSION AGENDA Informational Consent X ITEM 306 public Hearings g Regular October 28, 2013 ALLL Regular Meeting City Manager Department REQUEST: Requesting the City Commission Review and Approve the Wednesday, October 16, 2013 City Commission Special Meeting Minutes. SYNOPSIS: One of the responsibilities of the City Clerk is to provide the Mayor and City Commission with a submittal of all Meeting Minutes, as soon after a City Commission meeting as possible; so, that it is a reminder to the Mayor and City Commission, as to what transpired at their most recent meeting, and also provides a record of the actions and directives of the City Commission, for the future, and which becomes the official record. If the City Commission is in agreement with what the City Clerk provides in these Minutes, then the City Commission would be asked to Approve the Minutes, as submitted. Should the Mayor and/or City Commission feel something is not appropriately documented in these Minutes, then a Motion would be appropriate to have the Minutes changed to reflect what the majority of the City Commission would prefer. CONSIDERATIONS: This Agenda Item includes the Minutes from the Wednesday, October 16, 2013 City Commission Special Meeting. Even though these Minutes are being submitted by the City Clerk, (with proofing by Office of the City Clerk Staff), no other party has required that changes be made to the Minutes before being submitted. These Minutes are being submitted by the City Clerk Consent 306 PAGE 1 OF 2-October 28,2013 for the Approval by the City Commission. FISCAL IMPACT: There is no fiscal impact related to the approval of this Agenda Item. 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: The City Commission is respectfully requested to consider and offer their Approval of the Wednesday, October 16, 2013 City Commission Special Meeting Minutes. ATTACHMENTS: A - Unapproved copy of the Wednesday, October 16, 2013 City Commission Special Meeting Minutes. (4 pages). Consent 306 PAGE 2 OF 2-October 28,2013 Attachment"A" CITY OF WINTER SPRINGS, FLORIDA y>"h ,:1 v4 s JJ V Incorporated • 1959 • .tiGr. wE�ct0' CITY COMMISSION MINUTES SPECIAL MEETING WEDNESDAY, OCTOBER 16, 2013 - 7:00 P.M. CITY HALL—COMMISSION CHAMBERS 1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA Mayor Charles Lacey Deputy Mayor Cade Resnick - Seat Four Commissioner Jean Hovey - Seat One Commissioner Rick Brown- Seat Two Commissioner Pam Carroll - Seat Three Commissioner Joanne M. Krebs - Seat Five CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING---OCTOBER 16,2013 PAGE 2 OF 4 CALL TO ORDER The Special Meeting of Wednesday, October 16, 2013 of the City Commission was called to Order by Mayt ij > Charles Lacey at 7:00 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East Star ;;; Road 434,Winter Springs,Florida 32708). Roll Call: -"NV Mayor Charles Lacey, present Deputy Mayor Cade Resnick,present Commissioner Jean Hovey, present Commissioner Rick Brown, present Commissioner Pam Carroll, present Commissioner Joanne M. Krebs, present City Manager Kevin L. Smith, present City Attorney Anthony A. Garganese, present City Clerk Andrea Lorenzo-Luaces, present A moment of silence was held, followed by the Pledge of Allegiance. ADMINISTRATIVE APPEAL Community Development Department Pursuant to Section 20-35, Winter Springs City Code, the Community Development Department requests the City Commission consider an Administrative Appeal of Staffs interpretation that a building permit application proposing an addition to a single-family home located at 1691 Wingspan Way (Property owner Richard & Lisa Van Smith) does not constitute an accessory dwelling unit and would not require that the property owner obtain a conditional use permit under Chapter 20 of the Winter Springs City Zoning Code. The Appeal was filed by Robert Holmes, the neighboring property owner who resides at 1689 Wingspan Way. Mayor Lacey provided some introductory comments on the agenda item and how the meeting would run. Ms. Allison Yurko, Esquire, 921 Bradshaw Terrace, Orlando, Florida: as the Attorney for Mr. and Mrs. Bob (Ginny) Holmes, Ms. Yurko spoke in depth about tonight's Hearing, reviewed the proposed plan, showed some photographs of the current driveway area, and commented on impervious surface requirements, and the community. Mr. Bob Holmes, 1689 Wingspan Way, Winter Springs, Florida: commented on the proposed floor plan,that they have upgraded their home inside and out,that they have invested in their community,the value of their home, and comments from the recent Planning and Zoning Board/Local Planning Agency Meeting. Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department addressed the proposed permit for an addition and commented on Codes, that the property met all the required setbacks, and Staff's review. Mr. Joe Crum, Building Official, Community Development Department commented on his professional background, this proposed project, the difference between an addition and an Accessory Dwelling Unit. In closing, Building Official Crum said that this did not meet the criteria for an Accessory Dwelling Unit. CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING—OCTOBER 16,2013 PAGE 3 OF 4 Mr. Mike Jones, Esquire, 560 Dunmar Circle, Winter Springs, Florida: commented on remarks from th Homeowner's Association that more than forty (40) homes in this subdivision exceed the forty percent (40% impervious surface. . . City Attorney Anthony A. Garganese asked Mr. Stevenson if there was a maximum impervious surfac requirement in the Planned Unit Development (PUD) Ordinance. Mr. Stevenson stated, "No." Mr. Stevenso „ m,w,,- continued, "We did some research that went back I believe to 2004, that particular section talking about u ,:- � enforcing the stricter of the two (2), applies only to setbacks." Mayor Lacey said to Mr. Stevenson, "The fo percent(40%) number comes out of the Glen Eagle Covenants?" Mr. Stevenson responded, "Yes. And we are in fact -- the drawing as you have seen does meet the setbacks, as I said earlier, that are stipulated on the Plat for Glen Eagle Unit 2." Attorney Garganese commented for the Record that what Mr. Stevenson spoke about was Ordinance 2004-31 which the City Commission adopted and established minimum setbacks for existing Planned Unit Developments; and that the Ordinance was not applicable to maximum impervious surfaces. Ms. Yurko addressed previous comments by Staff. Tape 1/Side B Further comments continued. Attorney Garganese again addressed Ordinance 2004-31 which established City Code setbacks for principal buildings. Mayor Lacey opened "Public Input". Mr. Richard Moriarty, 2948 Hunters Lane, Oviedo, Florida: commented on impervious surfaces and that it had come up previously during the Homeowner's Association process, but they had found a permeable paver and with the calculations they did,this paver"Would more than double offset the addition". Mr. Edward Cregar, 1525 Eagle Nest Circle, Winter Springs, Florida: spoke on the proposed addition plan, and showed from Webster's Dictionary, a definition of cooking, and that one could equip a space for cooking without a kitchen. Mr. Robert Pennington, 1681 Wingspan Way, Winter Springs, Florida: said his home will back up to the proposed addition and was concerned that the large roof area might drain into his yard and asked what measures would be taken; said that some of his windows will look into this addition; and was concerned with some trees that may die during construction. Mr. Marty Eitingon, 1678 Wingspan Way, Winter Springs, Florida: thought that the proposed addition was an accessory dwelling unit and asked that if the City Commission rules that this project is not an Accessory Dwelling Unit, he would like to know why. Mayor Lacey closed "Public Input". Mayor Lacey stated, "Let the Record show that Mr. Van Smith has no further comments to make." CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING---OCTOBER 16,2013 PAGE 4 OF 4 Ms. Yurko briefly spoke to the City Commission and referenced the last speaker's comments. .� Members of the City Commission commented on this Agenda Item. "MOTION TO UPHOLD STAFF'S POSITION AND DENY THE APPEAL." MOTION B . K COMMISSIONER BROWN. SECONDED BY COMMISSIONER REBS. DISCUSSION. .41 VOTE: } COMMISSIONER HOVEY: AYE COMMISSIONER KREBS: AYE 'S' DEPUTY MAYOR RESNICK: AYE COMMISSIONER BROWN: AYE COMMISSIONER CARROLL: AYE MOTION CARRIED. In other City business, Commissioner Joanne M. Krebs referenced the Tri-County League of Cities' Distinguished Service Awards Gala and urged that the Mayor and City Commission attend to show their support. ADJOURNMENT Mayor Lacey adjourned the Special Meeting at 8:11 p.m. RESPECTFULLY SUBMITTED: ANDREA LORENZO-LUACES, MMC CITY CLERK APPROVED: MAYOR CHARLES LACEY NOTE- These Minutes were approved at the ,2013 City Commission Regular Meeting.