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Home My WebLink About2026 01 12 Consent 306 - 699 Bear Paw Court Waiver for Designated Parking AreaCONSENT AGENDA ITEM 306 CITY COMMISSION AGENDA | JANUARY 12, 2026 REGULAR MEETING TITLE 699 Bear Paw Court Waiver for Designated Parking Area SUMMARY The development site consists of one lot, totaling 1.11 acres. A second driveway permit was approved on July 25, 2017, where a driveway apron was installed. In 2024, a nonconforming driveway for a residential designated parking area was installed without a permit. The applicants have completed the process for an after the fact permit (RESD-2024-1495) and are requesting a waiver (WAIV-2026-0022) from the driveway width to comply with requirements under Code Section 20-439. The applicant’s constructed parking area is 28 ft wide while the Code requires a maximum 12 ft width. The applicants desire to have this case resolved with the City as the property is currently under contract for sale, with a closing scheduled for January 30, 2026. FUNDING SOURCE N/A RECOMMENDATION The Community Development Department recommends that the City Commission approve the Waiver Application (WAIV-2026-0022) for a Residential Designated Parking Area located at 699 Bear Paw Ct. 162 TITLE Waiver for a Residential Designated Parking Area for 699 Bear Paw Court SUMMARY The Community Development Department requests that the City Commission approve a residential designated parking area for 699 Bear Paw Ct. General Information Applicant Richard and Brenda Brown Property Owner(s) Richard and Brenda Brown Location 699 Bear Paw Ct. Tract Size ±1.11 Acres Parcel ID Number 05-21-31-5FZ-0000-0330 Zoning Designation PUD FLUM Designation Low Density Residential Adjacent Land Use North: Residential East: Bear Paw Ct. South: Northern Way West: Residential Height Not applicable Setbacks Front: 35 ft Rear: 30 ft Side: 10 ft Development Standards Lot Coverage 40% Development Permits Not applicable Development Agreement Not applicable Code Enforcement Not applicable City Liens Not applicable CONSENT AGENDA ITEM CITY COMMISSION MONDAY, JANUARY 12, 2026 REGULAR MEETING 163 CONSENT AGENDA ITEM | JANUARY 12, 2026 , | PAGE 2 OF 4 Background Data: The development site consists of one lot, totaling 1.11 acres. A second driveway permit was approved on July 25, 2017, where a driveway apron was installed. In 2023, a nonconforming driveway for a residential designated parking area was installed without a permit. The applicants have completed the process for an after the fact permit (RESD-2024-1495) and are requesting a waiver (WAIV-2026-0022) from the driveway width to comply with requirements under Code Section 20-439. The applicant’s constructed parking area is 28 ft wide while the Code requires a maximum 12 ft width. The applicants desire to have this case resolved with the City as the property is currently under contract for sale, with a closing scheduled for January 30, 2026. Public Notices: Public notices were not required in this case. Waiver Review: Pursuant to Section 20-34, any real property owner may file a waiver application requesting a waiver(s) for their real property from any term and condition of this chapter (except from the list of permitted, conditional and prohibited uses set forth in any zoning district category). The Planning and Zoning Board shall be required to review all waiver applications and make a written recommendation to the City Commission. Such recommendation shall include the reasons for the board's recommendation and show the board has considered the applicable waiver criteria set forth and analyzed below. Upon receipt of the Planning and Zoning board's recommendation, the City Commission shall make a final decision on the application. If the City Commission determines that the planning and zoning board has not made a recommendation on an application within a reasonable period, the City Commission may, at its discretion, consider an application without the Planning and Zoning Board's recommendation. Waiver I: A waiver to allow for a residential designated parking area measuring 28 ft wide, greater than the allowed width of 12 ft. Waiver Review 1. The applicant clearly demonstrates that the applicable term or condition clearly creates an illogical, impossible, impractical, or patently unreasonable result related to the proposed property and development. Analysis: Staff find that the applicant demonstrates that the applicable condition clearly creates an illogical, impossible, impractical, or patently unreasonable result as the parking area has already been constructed. The only reasonable recourse is to grant the waiver. 2. The proposed development plan is in substantial compliance with this chapter and in compliance with the comprehensive plan. 164 CONSENT AGENDA ITEM | JANUARY 12, 2026 , | PAGE 3 OF 4 Analysis: Staff find that the proposed development is in substantial compliance with this chapter and the comprehensive plan. 3. The proposed development plan will significantly enhance real property. Analysis: Staff find that the development will significantly enhance the real property by allowing the parking of an RV which is desirable to the new homeowners and increases the marketability of the property. 4. The proposed development plan serves the public health, safety, and welfare. Analysis: Staff find that the proposed development serves the public health, safety, and welfare. 5. The waiver will not diminish property values in or alter the essential character of the surrounding neighborhood. Analysis: Staff find that the development will not diminish property values or alter the essential character of the neighborhood. 6. The waiver granted is 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. Analysis: Staff find that the waiver is 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. The waiver will remove the issue by allowing the nonconforming width. 7. The proposed development plan is compatible and harmonious with the surrounding neighborhood. Analysis: Staff find that the site plan is substantially compatible with the surrounding Tuscawilla Unit 11A development. 8. Whether the applicant has agreed to execute a binding development agreement required by the city to incorporate the terms and conditions of approval deemed necessary by the city commission including, but not limited to, any mitigative techniques and plans required by City Code. Analysis: A development agreement was not required in this case. Applicable Law, Public Policy, and Events: Florida Statutes 163.2511-163.3246: Growth Policy; County and Municipal Planning; Land Development Regulation (Provides that land development regulations for municipal planning be consistent with the Comprehensive Plan). Home Rule Powers Code of Ordinances City of Winter Springs. Section 20-1. Definitions. 165 CONSENT AGENDA ITEM | JANUARY 12, 2026 , | PAGE 4 OF 4 Fiscal Impact: Not applicable. Development Agreement: Not applicable. STAFF RECOMMENDATION Staff recommend that the City Commission approve the Waiver Application (WAIV-2026-0022) for a Residential Designated Parking Area located at 699 Bear Paw Ct. Attachments: Figure “1” – Waiver Application Figure “2” – Parking Area Permit Application and Drawings. 166 167 168 169 170 171 172 ------- -----I tt !01 "'U DC • q:n11 l ( ....... NI ) 1. l l J. C • ~ ~-O[ 31VJS JIHdVHD 173 ' ' ELECTRICAL: (C hec k on e) Three Phase =<240Volt CITY OF WINTER SPRINGS COMMUNITY DEVELOPMENT DEPARTMENT Three Phase >240Volt 1126 East State Road 434 Winter Springs, Florida 32708 customerserv ice @winterspringsfl.org Application -Building Permit T-Pole Needed _Single Phase Existing Amperage: ______ Amperage Added: ______ Total Amperage: ______ _ MECHANICAL: Tons __ Seer __ Split __ Package __ Roof Top __ Curb/Stand __ Attic __ PLUMBING: Number of Fixtures -----Florida Building Code Plumbing Sec.403 ROOF: _Shingle/Shake _Metal Tile _Modified _Other Number of Squares: ___ _ SLOPE: _Flat _Pitched EVE HEIGHT: __ PITCH: __ PHOTOS: __ Adjacent Residences GAS: # Outlets --(Chec k all th at Appl y) _Propane _Natural Gas _Existing Tank/Meter --Survey TOT AL PROJECT COST $ f ~ o oQ ' o() TOTAL SQ FOOTAGE: ______ _ (Including Labor and Materials) Living (SF) 1st Floor: ____ Living (SF) 2 nd Floor: ____ A ll Other Living (SF): __ _ Garage: Entry: ____ Rear Porch: ____ Other non-air conditioned: ____ _ PLANNING: Provide Total Lot Coverage% include a ll improvements for the calculation. Depict Setbacks on Survey __ Color Renderings: Height: __ Primary __ Proposed TREE REMOVAL: Yes/No? __ Tree Survey __ (Chapter 5 Tree Protection and Preservation) **If trees are being removed, a separate Arbor Permit is required** ENGINEERING: Finished Floor Elevation --- ROOF PROJECT COST based material; Shingle $200 /Square , Metal $300 /Square, Tile $400/Square NEW CONSTRUCTION PROJECT COST WILL BE BASED ON CURRENT ICC BUILDING DATA TABLE OR ACTUAL VALUE WHICHEVER IS GREATER SUBCONTRACTORS Trade Compa ny Name Qualifier Name License Numb er Project Cost Electrical $ Email: Phone: Mechanical $ Emai l: Phone: Plumbing $ Email : Phone: Roofer $ Email: Phone: Gas $ Email : Phone: Other $ (Specify) Email : Phone: 0112024 Page 2 of3 174 ' ' CITY OF WINTER SPRINGS COMMUNITY DEVELOPMENT DEPARTMENT 1126 East State Road 434 Winter Springs, Florida 32708 customerse rvice @winters pringsfl.org Application -Building Permit NOTICE Application is hereby made to obtain a permit to do the work and installation as indicated. I certifv that no work or installation has commenced prior to issuance of a permit and that all work will be performed to meet all codes , standards and laws governing construction in this jurisdiction. I also certify that all required insurances for myself and any trades are in accordance with state laws. I understand that a separate permit must be secured for ELECTRICAL WORK, PLUMBING, SIGNS , POOLS, FURNACES , BOILERS , HEATERS , TANKS AND AIR CONDITIONING SYSTEMS. I FURTHER UNDERSTAND THAT WORK MUST COMMENCE WITHIN 6 MONTHS FROM THE DATE OF PERMIT ISSUANCE AND THAT THE PERMIT WILL EXPIRE IF THE WORK AUTHORIZED BY THE PERMIT IS SUSPENDED OR ABANDONED FOR A PERIOD OF 6 MONTHS AFTER THE TIME THE WORK IS COMMENCED PER THE FLORIDA BUILDING CODE BUILDING SECTION 105.4 I certify that I have read and understand thi s document and know the same to be true and correct. All provisions of laws and ordinances governing this type of work will be complied with whether specified herein or not. Granting of a permit does not presume to give authority to violate or cancel any other state or local law regulating construction or performance of construction. O~elltSigillltUie 1<.~l~Lc '60~,, Name (Print) STATE OF FLORIDA , COUNTY OF SEMINOLE The foregoin g instrument wa s acknowledged Before me thi s 1.71""-day of_J_t,\_l __,'-(>------ 2011_By \{;~rd C Brvwn who is personally known to me /or has produced Dr ~ v-e-r L--· vea;e, as identification and who (did not) take an oath . Nota ~-:::::""e;e=====---,,..._ (seal) 01 /2 024 /~~v ·;;~~-. ISAAC PASTRANA f?~~°\ Notary Pub lk · State of Florida ;.i.~_.,i Comm 1111on ~ HH 144167 ·'··· ... 9,i:_,r:e<::."? My Co mm. Expires Jun 20 , 2025 Bonde d through Nat1on a1 Mtary A.ssn. l:> O <.> G .l.d ,,5 Name (Print) K Mt HI 64A./ STATE OF FLORIDA, COUNTY OF SEMINOLE The foregoing instrument was ackn owledged Before me thi s \B day of _J~U~IM.Et-------- 20 l'l sy Da~ k. Mihiqln who is person ally known to me /or has produced FLDL ~ ......... .-;;;; ................ --... -~ .··~::Jfiiii:.... NAVEL! REYNOS O f.R~~\ Notary Publtc • State of ".1o rid a : \~W,11 Commission# HH 426~14 t '·?'forf'I..'!--·' My Comm. Expires Ju t 26. 202 7 ~ . ......... Bonded through National Notar; ~;' •. •. J.. ..................... ~Pa~g·e~3·dr3 ' 175 ' ' CITY OF WINTER SPRINGS COMMUNITY DEVELOPMENT DEPARTMENT 1126 East State Road 434 Winter Springs, Florida 32708 c ustom erserv ice@winters p1ingsfl .org Application -Building Permit The Comrmmity Development Director reserves the right to determine whether thi s application is complete and accurate. An incomplete application will not be pro cesse d and will be returned to the applicant. The application shall be reviewed per applicable Florida Building Code. Per Sec . 9-607 Residentialcompatibilityandhaimonyregulations .Before any building permit is issued for the addition, modification or expansion of any building or structure on a residential lot, the city manager or designee shall consider and review the plans and specifications to determine whether or not the proposed addition, modification or expansion is compatible and in harmony with existing buildings and structures on the subject property and with the surrounding neighborhood . Compatibility and harmony shall be determined based on a review of the setting, landscaping, proportions , materials , colo r s, texture , scale, unity , balance , rhythm, contrast and simplicity of the proposed addition, modification or expansion. Applications shall be reviewed for sufficiency (completeness) within thirty (30) calendar days per FL Statue 166.033 . PERMIT TYPE (Check One): _Commercial V Residential Specify Occupancy Group: __ Effective Codes: Florida Building Codes, 81" Edition 2024 Building, Residential , Existing Building, Mechanical Plumbing, Fuel Gas, Energy Conservation, Accessibility ; 2023 Electrical (NEC); 81h Edition 2023 Fire Prevention PERMITS REQUESTED (Check all that apply) _Electrical _Mechanical _Plumbing_ Roof Gas Pool Alteration Addition Demo _New Construction l>tl.111l wAy Other (Specify) Shed Code Sec . 6-84 Sec. 9-607 Residentia l compatibility and harmony regulations. _Accessory Dwelling Unit~ (ADU) Code Sec . 6-85 PROPERTY OWNER NAME: ---'-K..!.!1..!<!C.uHLL.Jflt.:..::R-"-"i>:::..__"""'C'--'-. -"'J.3~12=-"i!'-l.'-..a.<....lAIL.__ _____________ _ Phone#: oJ-3'-/t-6o"J..S' Mailing Address:----------------------------------- Project address: tDf{j J3f.A tf.. PAW Cooar W11ITE/l 50/luufqS £J.., 3a70& I Parcel# Os'-J,1 -3(·-5FZ -ooo0-03.3 0 Subdivision: Lot # __ _ PERSON WHO WILL UPLOAD PLANS* (First,Last): be:>ur..-1y4s K M1Hr6Al'\f CONTRACTOR: MJ tfJ6t4N '/:>E.r!EA oj>dJEttff ::;t.'Nt. (Business Name) Qualifier Name: D0<1<rLAJ K MtH16AA1 Phone#: L/cfl ~ 66 =? ' If~ License#: C ~ af{J.j_"if Phone #: >tor 6'.S5 -ioS"? Email: Drn CT.NC~ £Mm;.. ,,vi<. . NrE r Address: J,02.,/ kf.kl..'/ 1!1'!.£E.K. C112.. Ov18>0 I Mobile#: ~07-C,63 ... --lo<i FL. .?.J.765"" . Complete Description of Work: ~f).Puvr..-A-b'2.11JE W.i:l¥ &Jb t.oN<"Afil. .6u:l8 ;::p~ AAI *. V 01 /2024 Page I of3 176 177