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HomeMy WebLinkAbout1991 11 07 Board of Adjustment Regular Minutes BOARD OF ADJUSTMENT MINUTES November 7, 1991 The meeting was called to order at 7:00 P.M. BOARD MEMBERS James Greene, Chairman, Present Harry Reid, Vice-Chairman, Present Frank Adams, Present Al Becker, Present John Heninger, Present CITY OFFICIAL L.T. Kozlov, City Engineer Approval of Minutes of August 1, 1991 Reid motioned to approve the minutes of August I, 1991. Seconded by Heninger. Vote: all aye. Motion carried. Request of Winter Park Holding Company for Variance to Section 9-241(d) of the Code to allow a retention/detention pond bottom elevation to be less than one (1) foot 12 inches above the seasonal high ground water elevation. Jim Ingel, representing Regional Engineering Planners & Surveyors stated that the Winter Park Holding Company plans to build a wet bottom pond. Reid asked why the Winter Holding Company needed a variance for building a wet bottom pond? Kozlov explained that the variance process was needed to comply wi th Code requirement as this pond was designed below the seasonal high groundwater table and approval from the Board of Adjustment is necessary before the design is presented to the City. Reid asked who would maintain this wet bottom pond? Kozlov answered that the Homeowner's Association would maintain this pond. Greene wanted to know if the City had any engineering objections with this type of pond. Kozlov answered it did not. However, the primary engineering submitted showed the bottom slopes had a 2:1 slope, not 4:1; but the new engineering will represent a 4:1 slope all the way to the bottom. Reid asked if a 4:1 slope was safe. Kozlov responded by stating it is considered safe by both the St. Johns River Water Management District and the City. Anything steeper, however, would require a minimum of a 4' chain link fence. Heninger wanted to know about impurities getting into the groundwater. Kozlov responded that the purpose of a retention/detention pond is to control the flow of stormwater to wherever it goes (similar to the way a dam controls water going into a river). One of the design requirements is that the retention portion of the retention/detention pond store the first 1/2 inch of runoff from the impervious areas. The purpose is to retain the water with the pollutants which in turn should be taken up with various types of vegetation that may grow on the periphere of the ponds or percolate into the ground. Greene asked, based upon City regulations, whether all plans for future wet bottom ponds will have to come before the Board of Adjustment for approval. Kozlov confirmed that this was correct. Kozlov went on to explain that the City Code meets the criteria established by the St. Johns River Water Management - - Board of Adjustment Minutes November 7, 1991 Page 2 District regarding this matter. Richard Conniff, 1202 Royal Oak Drive needed clarification of the location of the pond. John Morgan, 977 Troon Trace, objected to the variance stating the following reasons: (1) There is already a mosquito problem due to the two other retention ponds nearby. One pond is within 250' northwest on the edge of the golf course, the second pond is 300' north on Greenbriar Lane. This will be the third pond and it will be 150' away; (2) Removal of trees; and (3) As the Homeowners Association has not maintained the other two ponds, how is this pond to be maintained? Larry Godwin, representing Winter Park Holding Company, stated that there will be a brick wall constructed between the retention pond and Mr. Morgan's house. The Homeowners Association Restrictions will require the Homeowners Association to maintain the pond. Greene wanted to know if the Ci ty has an enforcement mechanism for retention pond maintenance. Kozlov stated that the City has no enforcement mechanism. Greene did not feel it was the position of the Board of Adjustment to be involved wi th engineering decisions. Kozlov explained that the Board is not to be involved with the engineering. The Board is to concern itself with the City; how the pond is going to effect people, safety, aesthetic looks, etc. Reid stated that according to Section F of the Code, wet bottom ponds should not be put in swampy areas. Kozlov acknowledged that the area does have a high water table as does all of Greenbriar, however. the City does not regulate development within the wetlands as it is the jurisdiction of the State. Regarding environmental regulation, the Code states "you will make the best effort" to try and preserve the wetlands, etc. Greene wanted to know if the City could deny permits issued from the State. Kozlov responded that, only on the basis of engineering design, could permits be denied by the City. Adams motioned to deny the variance. Seconded by Becker. Vote: Heninger, no; Adams, aye; Greene, no; Reid, aye; Becker, no. Motion failed. Becker motioned to grant the variance. Seconded by Heninger. Vote: Becker, aye; Reid, no; Greene, aye; Adams, no; Heninger, aye. Motion carried. Meeting was adjourned at 8:00 p.m. Respectfully submitted, ~~~ing Board of Adjustment Secretary