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HomeMy WebLinkAbout1981 04 23 Board of Adjustment Regular Minutes ...-. ,..-" ......... BOARD OF ADJUSTMENI' ~ CITY OF WJNrER SPRINGS APRIL 23, 1981 Meeting of the BOard of Adj ustrnent was called to order at 7: 30 p.m. by Chairrn:m Tom Binford. Following silent prayer, Davis led in the pledge of allegiance. roLL CALL CITY OFFICIAIS: Ellen Weiss, present Tom Binford, present Al Davis, present Richard Kessler, absent Charles Chute, absent Jacqueline Koch, City Planner Jack Cooper, City Engineer. Davis roved to approve the minutes of March 19, 1981. Seconded by Weiss. Vote: All aye. Motion carried. Weiss moved to excuse the absences of Richard Kessler and Charles Chute. Seconded by Davis. Vote: All aye. lYbtion carried. REQUEST OF OONALD HOYT FOR SPECIAL EXCEPrION TO SECTION 5-145 TO CONSTRUCT A POOL WITHIN 6 FEET OF THE SHE PROPERI'Y LINE IN ZONE R-l AT 200 BIRCH TERRACE. The City Planner presented the request. She stated the code requires ~'2 feet, that the exception would be for 3~ feet. Seventeen property owners were notified of the request. There were no negative cOH'lnents received. Mr. Ixmald Hoyt was present to speak for his request. There was no one present to speak against the applicant. Discussion. The City Planner recommended approval. Weiss roved to allow IX:mald Hoyt to construct a pool wi thin 6 feet of the side property line in zone R-l. Seconded by Davis. Discussion. Vote: All aye. Motion carried. REQUEST OF WJNrER SPRINGS MOBIIE HOME CORPORATION FOR VARIANCE TO SECTION 14-67 (a) (3) REGARDING MINIMUM wr SIZE ON WHICH USE OF SEPTIC TANKS MAY BE AurHORIZED. The Chairman reminded the Board they were there to determine the lot size for septic tanks, not to determine if septic tanks are approved. Binford read a letter from the County Health Dept. The City Planner presented the request. The Chairman asked if the City wasn't in the process of revising the current Subdivision Ordinance. The City Planner stated that it was and that it would possibly be passed by the end of May. Binford questioned the terms by which septic tanks can be used under the new Land Development Ordinance. The City Engineer stated four septic tanks per acre could be permitted with reservations. Mr. Harry Reynolds, Al taroonte Springs, representing the engineering fim for the applicant was present and spoke for the request. He stated that a new plat has been presented eliminating some roads and increasing the lot size to 1/4 acre. Davis questioned percolation tests. Mr. Leonard William Tanner, Altaroonte Springs, was present to speak for his request. He stated they would not have had an administrative building if they had not had a percolation test for that site. Davis questioned whether any tests had been perfomed for the residents. Mr. Tanner replied they had not yet been performed. Weiss questioned whether the septic tanks needed an area of land to drain and whether this area of land could accorrmodate the drainage. The City Engineer stated if any lot does not meet criteria set forth by the (Health Dept., etc.) pertaining ~ Board of Adjustment Meet~ April 23, 1981 Page Two. """""^ ~ to percolation tests and septic tanks that lot will not be approved. Mr'. Tanner said he requested the al ternati ve route down S. R. 434. Florida Land does not want to extend the line. The Chainnan questioned whether the applicant is currently in litigation. The applicant replied he was not. He also stated Florida Land mainly wants to show D.E.R. that they are right, in the meantime he has people that want to move in. Iavis questioned whether the applicant had leased any lots prior to Florida Land's being turned down to run the lines to tie into the subdivision. Mr'. Tanner stated they had. He also explained that he had a contract with Florida Land to provide the lines and that they have breached the contract. Mr. Tanner expressed his desire not to fight Florida Land Co., but to get the people in the park as soon as possible. Weiss questioned what is happening to the people that were planning to move in the park. Mr. Tanner replied that the prospective residents would be receiving some of their money back and that they would be getting more land. The Chainnan questioned the density. Mr'. Tanner stated 800 was the density previously planned - it is now 300-350. Mr'. Thoma.s D. McClaine, 6729 Paul Revere ct., Orlando, was present to speak for the request. Mr'. McClaine stated that he and his family had leased 3 lots from Mohawk Village back in September. He stated they had planned to move in alot sooner and that it had been a hardship on them, but he stated he did want to speak on behalf of the corrpany's integrity. Mr. McClaine stated every time he has called the corrpany he has gotten corrplete cooperation, no devious answers. Mr'. Pameo Colon stated he knew of 350 people who have leased lots from Mr. Tanner, most of whom are on fixed incomes. He stated they have been thrown out of the real estate market and they cannot afford homes. Mr'. Colon spoke highly of Mr. Tanner and stated he would like to see the Board be a little rrore lenient with Mr. Tanner so that he can help them to be able to move in. Mr'. Colon stated he is paying double occupancy - living in an apartment and paying for his trailer which he has bought already and has leased a lot. Weiss stated the Board is trying to make sure if the lots are a quarter acre and if the septic tanks go in, that it will be to the benefit of all the people living there - that you will not have any drainage problems and it will not endanger the wildlife. Iavis questioned when Mr. Colon had signed his lease. Mr. Colon said he signed the lease in December, 1980, and was supposed to move in - in January and then there was delay. Iavis asked if Mr'. Tanner made him aware of the sewerage problem in December. Mr'. Colon stated he did not. Davis asked if Mr. Colon owns a trailer or a mobile home right now. Mr. Colon said he leased a lot from Mohawk Village and then went out and bought a trailer from another corrpany - they didn't have models. Mr'. Colon stated it is 6i tting on the dealer's lot and that he is paying for it as well as rent. Davis asked if this was on the lease:llot. Mr. Colon stated the trailer is on the lot where he bought it. He also stated he has bought a screen porch which he has laying down on the lot at Mohawk Village. There was no one to apeak against the applicant. The Chainnan asked if the City Planner had received any written or verbal corrplaints opposing the application. The City Planner stated she had not. The City Planner recommended approval on 1/4 acre lots subject to subsequent approval of the City Council for the use of septic tanks and approval by other state and county agencies. ,.,......, Board of Adjustment Meeti~ April 23, 1981 Page Three. .-, - fuvis moved to deny the application as presented. Binford seconded for discussion. fuvis felt the area would be saturated as-well as pose a health problem with 4 septic tanks per acre. fuvis also stated he tl1d not see where it would be in the best interest of the people to want to live in such a situation as that when there are other alternatives that can be worked out if the applicant has the patience to do so. He also stated the truthful thing to do would be to exhaust all the best efforts and in his opinion this was not the best effort. Binford stated he would have to vote against the motion due to the fact that he had read the contract with Florida Land and that they had not lived up to the contract. He stated that we could take the attitude - let's wait and see what happens through the courts if Mohawk wishes to litigate this - maybe it would take 6 months, maybe 6 years. The Chairman also stated that the City Planner said she anticipates the new city code being passed next month allowing septic tanks on quarter acre lots; in other words if this hearing was held next month at this time, there would be no hearing, because r-bha.wk Village would not have to come and ask for a variance. He made mention of the stringent federal, state and county laws regarding septic tanks, stating each lot :rrDlSt pass the percolation tests before the septic tank can be put on it. Binford stated he sees no problem with the environment being endangered. He stated that he had heard the sewer company may be at capacity right now. If we permit - that releases 650 or 750 sewer hookups that can be utilized in other places in the City, and releases commitment for thOse sewer hookups. He stated septic tank approval would lower the density more than half and that the land is curTently zoned for m::>bile homes - there will be a mobile home park there. Binford stated the people are getting more lot for their money and since the City has recomnended approval, he would have to vote against the motion. Weiss questioned whether it was possible to know before the septic tanks are in whether the effluent will endanger any of the wildlife. The Chairman stated Alex Senkevich, Regional Director of D.E.R. on this particular project, assured him they were keeping a close eye on the proj ect and that if they feel there is going to be any endangerment to the environment he will stop it. Davis mentioned his concern over the water table and the possibility of the sewers backing up due to the drainfield not working properly. Discussion. Vote on the motion: Binford, no; Weiss, no; Davis, aye. Motion failed. Weiss moved to approve the application [Variance from Section 14-67 (a) (3) regarding size of lot (one-quarter acre lots) on which septic tanks may be authorized. J Weiss stated she would make this nntion only because of the other organizations and agencies that would have to act before septic tanks will be permitted. Seconded by Binford. Vote: Weiss, aye; Davis, no; Binford, aye. r-btion carried. REQUEST OF WIN'IER SPRINGS MJBIIE HOME CORPORATION FDR IDTENSION OF SPECIAL EXCEPTION TO STORE 9 lVDBllE HOMES ON SITE OF FUTURE . MOHAWK VILLAGE. The City Planner stated the expiration date would have been April 15, 1981, however, the City Manager granted a grace period till this evening's meeting. The Chairman asked if this request was for the same 9 mobile homes. Mr. Tanner stated there are 9 mobile homes on site plus the office - all of which are unoccupied. Binford questioned whether the applicant has any other place ,...., -Board of Adjustment Meeti~ April 23, 1981 Page Four. ,-. ....... for storage if the application is turned down. Mr. Tanner stated he did not and that it would be quite expensive for some of the lessees to have to move their homes. The City Planner stated there have been no written or verbal complaints regarding this request. Weiss asked Mr. Tanner how much time he was asking for and the applicant stated around the end of June. Mr. Tanner stated the water is now being tested by the State Health Dept. and that if D.E.R. can approve the design plan this would be a reasonable extension. Divis asked if there was anyone living there. Mr. Tanner stated there was not. There was no one present to speak against the applicant. The City Planner recommended approval to continue to store only the 9 mobile homes and reminded the Board that the maximum time limit would be one year from the date of original approval or until October 27, 1981. Davis questioned the cost that would be incurred by one homeowner if he had to move out. It was estimated at $10,000. Weiss questioned whether the mobile homes are on slabs. Mr. Tanner stated they are tied down, not cemented. Binford moved to approve the applicant as requested to the maximum extension of October 27, 1981, not to exceed the 9 mobile homes that are out there. Seconded by Weiss. Vote: All aye. Motion carried. Meeting adjourned at 9:30 p.m. Respectfully submitted, 11!~ Recording Secretary.