HomeMy WebLinkAbout1994 02 17 Board of Adjustment Regular Minutes
BOARD OF ADJUSTMENT MINUTES
FEBRUARY 17, 1994
The meeting was called to order at 7:00 P.M. by Chairman Greene
BOARD MEMBERS:
James Greene, Chairman, Present
Wendy Austin, Absent
Al Becker, Present
Frank Adams, Absent
Greg Smith, Present
CITY OFFICIALS:
John Govoruhk, City Mgr.
Margo Hopkins, Dep. Clerk
Approval of Minutes of December 2, 1993
Greene asked for any questions or comments concerning the minutes;
none submitted. Minutes stand approved.
Request of Mike Bukaty for a Variance to section 6-219 (a) and (c)
of the code. The property is located in, Glen Eagle, Unit I, Lot
17, Plat Book 40, Paqes 14-17. Property zoned Planned Unit Dev.
Govoruhk stated that Mr. Bukaty submi t ted a copy of a letter
addressed to Don LeBlanc with all pertinent information needed to
apply for a variance for a 7 1/2 foot setback. Govoruhk said that
after a discussion with LeBlanc, and staff, we are here to
recommend approval for the 7 1/2 foot setback.
Greene stated that Glen Eagle is part of the Tuscawilla PUD.
The developer, through thei r Archi tectural Commi t tee, sets the
bui lding setbacks, and the bui lding regul ations so far as the
development of the lots. If there are any variances required,
these are normally set by the developer. However, a Swimming Pool
is covered by the Ci ty Code; therefore, any variances must be
brought before the Board of Adjustment. Greene stated that no pool
can be built closer than ten (10) feet from the property line, and
no screen enclosure ~an be built cl~ser than 7 or 7 1/2 feet to the
rear property line.
Greene read from the B.O.A. Minutes of February 2, 1989 concerning
a lot which also did not have enough room for a pool. Chuck
Thompson who was the General Mgr. of Tuscawilla at that time,
stated that he would make sure that no other home in Glen Eagle
will have to apply for a variance to a rear set back, but here we
are with the same situation. Greene asked Mr. Bukaty to address
the Board.
Mike Bukaty - 401 Ringwood Circl e, Winter Springs, FL. Bukaty
stated that he was not made aware that he needed to come before the
B.O.A. Board. He said that he talked with Mr. LeBlanc over a month
and a half ago, and LeBlanc gave him all the necessary paper work
needed to come before the Board. Bukaty stated that he had put a
deposit on the lot back in April of 1993. Bukaty said that with
regard to the easement, which is a Utility and drainage easement,
there would be no problem with vacating. Bukaty also stated that
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Board of Adjustment Minutes
February 17, 1994
Page 2
he spoke with all his surrounding neighbors, including Jim Mikes
who is most effected by this, and no one had a problem with taking
the pool and screening back.
Greene stated that the rear setback for a house on Buakty's lot is
40 feet, and Bukaty was already into the rear setback area, 19 feet
4 inches. Greene stated that Bukaty should have considered the
swimming pool before he asked the Architectural Board of Tuscawilla
to approve the 19 feet, 4 inches setback of his house.
Bukaty stated that he was not good with dimensions. Greene asked
Bukaty if he discussed this with his builder? Bukaty said that he
had set plans on the house, and the pool. The pool ended up being
very small when put on paper.
There was a brief discussion as to the problems with regard to the
situation, and who should have been responsible for letting Mr.
Bukaty know what he could and could not do.
Greene asked Bukaty what if any, his alternatives were, if the
variance was not granted? Bukaty stated that he could shrink the
pool down to about half the size, and lose most of my patio space.
Greene wanted Bukaty to know that he had another alternative which
was his right to go before the Commission and appeal. While
looking at the drawing of the pool, Greene stated that Bukaty was
looking for two variances. One for the screen enclosure which
cannot be closer than 7 or 7 1/2 feet from the property line, and
the other variance is, the edge of the pool which cannot be any
closer than 10 feet to the rear property line. Greene pointed out
to Bukaty that he was looking to build the pool 4 feet from the
property line, and the screen enclosure, 8 inches from the property
line. Greene asked Bukaty if that was correct. Bukaty answered,
yes.
Smith stated that the application indicated that the utility and
drainage easement was in the process of being abandoned. Where
does that stand?
Hopkins said that the first reading was going to be at the upcoming
Commission Meeting this Monday night, and it has to go for a second
reading to abandon an easement.
Greene asked if there was any comment or question at that time
about the abandonment of the easement?
Govoruhk answered, No there wasn't.
Board of Adjustment Minutes
February 17, 1994
Page 3
Smith asked if the easement is abandoned, does that remove the
setback requirements set forth by Deed restrictions?
Greene stated the easement is a matter of public record; and if it
is abandoned, the easements set by the Deed restrictions, are up to
the developer. Once he is granted that easement, it is a matter of
public record, and it has to come to the city. His setbacks don't
have to come to the city. The pool requirements do have to come to
the city because they are part of the City Code.
Smith asked if the setbacks and the easements were two different
issues, not necessarily tied to one another? Greene answered yes,
that is correct.
Greene stated that even if this Board would grant a variance, the
pool could not be built unless the easement was vacated. Greene
asked Becker if he had any questions.
Becker stated that he didn't at this time but felt that before the
Board could really do anything, they needed to wai t for the
findings on the vacating of the easement.
Govoruhk stated that if the B.O.A. Board grants a variance, then
there will be a reading at the next Commission Meeting on February
28. If a variance is not granted, then there will not be a second
reading.
Govoruhk went on to say that the staff looked at Bukaty's plans,
and it was a rush job, but the staff recommended approval. He said
that Bukaty followed the steps and procedures, and did what he was
suppose to.
Greene said that he felt bad that the developer, and the builder
allowed this to happen.
Smith stated that he would feel uncomfortable breaking somewhat of
a precedence that was established several years ago in terms of how
the setbacks were established. Smi th told Bukaty that even wi th
the reductions, there seems to be substantial space for a modest
size pool on your lot. smith suggested that Bukaty work with his
pool builder, and see what could be accommodating for his setbacks;
if that proves to be unworkable for whatever reason, then he could
go before the City Commission for some type of redress.
Bukaty stated that he did draw out several different plans of
pools, but he didn't corne up with anything he liked.
Greene said that the code states that a pool cannot be closer than
10 feet from rear line, and screen enclosure, 7 ft. from rear line.
Board of Adjustment Minutes
February 17, 1994
Page 4
Greene offered Bukaty, 8 feet from the rear property line for his
pool, and 5 feet for the screening.
After much discussion concerning all the changes that could be made
to the pool, Greene asked for a motion from the Board.
Smith moved that the variance be given to allow for a 5 ft setback
to the screen, and an 8 ft. setback to the pool area.
Becker seconded the motion. Smith asked that the Board receive
something in writing from Mikes regarding the allowance there.
Greene added that there should be something put into the motion to
make it contingent on the waiving of the utility Easement by the
city. Greene asked Smith if he would except that as an amendment
to his motion. Smith answered, I do. Greene stated that there is
a motion on the floor to grant a variance of 8 ft to the edge of
the pool, and 5 ft to the screen enclosure; this is subject to a
letter in the file from Mikes, (the Golf course owner) and passage
by the City Commission of the abandonment of the easement.
Vote: All Aye. Motion carried.
Greene stated that Bukaty had thirty (30) days to submit a written
appeal to the City Commission, and that he would also need a copy
of the minutes from this evening.
Becker made a motion to adjourn the meeting. Seconded by Smith.
Meeting was adjourned at 7:40 P.M.
Submitted,
Shir ey A. Frankhouser
Administrative Secretary