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HomeMy WebLinkAbout1981 01 15 Board of Adjustment Regular Minutes ....... - BOARD OF ADJUSTMENT CITY OF WINTER SPRINGS JANUARY 15, 1981 ~. ~ Meeting of the Board of Adjustment was called to order at 7: 30 p.m. by Chairman Tom Binford. Following silent prayer, Charles Chute led in the pledge of allegiance. ROLL CALL Present: Absent: City Officials: Tom Binford Richard. Kessler Charles Chute Al Davis Ellen Weiss, (ill) Jacqueline Koch, Jack Cooper Ray Bradshaw Binford Ileported Ellen Weiss has the flu and asked that her absence be excused. Kessler moved to approve the minutes of October 27, 1980. Seconded by Davis. Vote: All aye. Motion carried. Davis moved to approve the minutes of November 20, 1980. Seconded by Chute. Vote: All aye. Motion carried. REQUEST OF OONALD AND DARLENE HOFFMAN FOR SPECIAL EXCEPTION TO CONSTRUGr A SWIJ.VllIIIDJG POOL AS NEAR AS 8 FEET TO THE REAR PROPERI'Y LINE ON LOr 6, BLOCK 6, NORrH ORLANOO 2ND ADDrrION (130 LOMBARDY ROAD). The City Planner reported the applicant is requesting pennission to build wi thin 8 feet of the rear property line rather than 10 as required by the Code. The Planner reported fourteen property owners within 150 feet of the property have been notified. There have been no written comments nor phone calls regarding this request. Mr. Hoffinan stated that he is requesting 2 feet, but will probably be wi thin one foot. Binford questioned whether there was a chance of going on the easement (being six inches away). The applicant stated that he would probably end up a foot and a half to two feet from the T-"2 foot utility easement. Mrs. Nora Burton, 140 LombardyRd. stated that she has no . obj ections to the swimming pool. The City Planner recommended approval of this request in view of the fact that no negative corrrnents have been received. Kessler moved to approve the request of Donald and Darlene Hoffinan for special exception to construct a swimming pool as near as 8 feet to the rear property line on Lot 6, Block 6, North Orlando 2nd Addition (130 Lombardy Road). Seconded by Chute. Vote: All aye. Motion carried. REQUEST OF BARON LUCKENBACH FOR SPECIAL EXCEPTION TO SEGrION 44. 73 (9) TO USE MULCH ON PARKING AREA AND DRIVEWAYS IN ZONE C-l AT 423 EAm' S.R. 434. The City Engineer stated per se the City does not object to mulch parking lots. He also stated the eity would grant approval for those plans in which the mulch would work. These plans reflected no reshaping of the parking lot. The present site contains a single-family structure, presumably to be converted to an office, built under the old F.H.A. Specs. which caused the front yard to slope towards the State Road. It is his opinion that the mulch would float down into the state road right-of-way at the first rainfall. It would become a problem to the storm drainage system in the area. The City Engineer recommended that with an unqualified plan, the;requestbedenied, however with a properly qualified plan, he would probably recorrmend it be approved. The ".,.... """" Board of Adjustment Me'tfing, January 15, 1981, Page Tw~ City Planner concurred with the City Engineer's reconmendation. Mr. Baron Luckenbach, 2430 Lauder Drive, Maitland spoke for the request. Mr. Luckenbach asked the City Engineer if the front of the property is gravel in lieu of mulch and the sides and rear are rmllch, do you see a problem there? The City Engineer stated that he would not be as concerned with the sides and rear as he would be the front. Mr. Luckenbach asked if his site plan could be amended at this meeting rather than going through the whole process. The City Engineer replied that it could after which Mr. Luckenbach asked if he could amend his site plan to show rmllch on the side driveways as well as the rear and the front to be paved or gravel. :cavis said he was concerned over the aesthetics (rmllch becoming sloppy, muddy) and not being replaced. Discussion followed on the cost of rmllch versus gravel. The City Engineer stated if rmllch is used, the applicant is going to have to assure the City before he gets a building permit that the areas under the mulch are sufficiently stable to accoIllIIDdate the Il'Il1i1ch. Mr. Luckenbach asked if he goes in tonight for an exception for mulch in lieu of gravel or asphalt can he always go to gravel or asphalt when he actually does it. Binford reported this was allowed in the code. There was no one to speak for or against the applicant. The City Planner recorrmended approval contingent upon the submission of a site plan approved by the City Engineer. :cavis moved to deny the request of Baron Luckenbach for Special Exception to Section 44.73(9) to use rmllch on parking area and driveways in zone C-l at 423 East S.R. 434. Seconded by Kessler. Vote on the IIDtion: :cavis, aye; Weiss, absent; Binford, no; Chute, no; Kessler, aye. Motion failed. Discussion followed on another motion. The applicant withdrew his request. REQUEST OF WINTER SPRINGS lVDBILE HOME CORPORATION FOR EXTENSION OF SPECIAL EXCEPTION GRANIED OOIDBER 27, 1980, 'ID STORE MOBILE HOMES ON SITE OF FUrURE lVDHAWK VILLAGE. Kessler stated that an exception had been granted to store IIDbile homes. He felt that this had been taken advantage of due to the fact they have built wooden decks around some of the IIDbile homes. There are concrete slabs around one of them and there are carport and utility sheds on some of them. He stated there are about 9 trailers on site. Attorney Walter Moon, Maitland, was present to speak for the request. Mr. Moon reported his cllients had encountered some problems with the sewer arrangements with North Orlando Water and Sewer, which he now states have been resolved. The application for D.E.R. is now in their hands. Attorney MOon stated that each of the homes that are there now, are sold to some party and that if this exception is not granted, the homes will have to be IIDved out. Mr. MOon reported he did not think they needed 90 days, but hopefully this would keep them from coming back again. He also stated that North Orlando Water and Sewer has committed an initial capacity of 200 units. :cavis asked Mr. Moon if the plans are concrete with Florida I.arid, and if he had proof of this with him. Attorney Moon stated the plans with the application are now with D.E.R. The City Planner reported in reference to her conversation with Mr. Tanner this date, D.E.R. has 90 days within which they must either approve or deny, and that they have already had the application 60 days. The City Engineer reported that he had talked to D3.le Crosby of Florida Land and he advised that NOWSCO and Tanner had worked out their problems and that NOWSCO was going to approve their application. This was in the last day or two. The City Planner reported that she had talked to D3.le Crosby this afternoon and he assured her that they had committed 50,000 gallons which would serve 200 units and would supply additional capacity when it 1:s available, which might be in one year. The Building Official mentioned he also had a conversation with Mr. Jom Hall of the water company and indicated the same. There was discussion on the <' Board of Adjustment M~ing, January 15, 1981, Page ~. ownership of the mobile homes and who the exception applied to. Davis questioned why the applicant would want to store mobile homes owned by someone else on their property. The City Planner stated Mr>. Tanner is also a Licensed Fla. Dealer in mobile homes. He hopes to sell most of the homes in the park. There was no one to speak for or against the applicant. The City Planner reconmended not to extend the original exception for 90 days, but to grant an exception to continue to store the 9 mobile homes that are already on site for the next 90 days. Binford asked Mr>. Moon if the Board were to modify his special exception to the City Planner's recorrmendation for the maximum of 9 homes would he want them to act on it? Attorney Moon stated he would be happy to agree to any kind of limit with respect to his application. Davis moved to deny the applicant's request for extension with the exception as stated by the City Planner to begin as of this date that those units presently on site remain with the exception of those owned by the developer be removed, and that no more trailers be moved on as of this date. Seconded by Kessler. Vote on the motion: Binford, no; Chute, no; Kessler, aye; Davis, aye; Weiss, absent. Motion failed. Discussion. Attorney Moon stated he would be willing to modify his request. Chute moved to grant the extension for 90 days from this date with the stipulation that no more mobile homes be moved in the park as stated by the City Planner. The applicant modified his application to reflect the motion made by Chute. Seconded by Kessler. Vote on the motion: All aye. Motion carried. Meeting adjourned at 9:18 p.m. Respectfully submitted, ~~. Recording Secretary.