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HomeMy WebLinkAbout1995 10 05 Board of Adjustment Regular Minutes , .~ Board of Adjustment Meeting Minutes October 05, 1995 I. Call to Order: Meeting called to order by Chairperson Greene at 7:00 P.M. Attendance: James Greene, Chairperson, Present Elizabeth Harrow, Present Greg Smith, Present Frank Adams, Present AI Becker, Absent Donald R. LeBlanc, Land Management Specialist II. Consideration of the September 07. 1995 Meetin!!: Minutes: r-. Chairperson Green asked if there were any additions or corrections to the minutes? Mr. Adams pointed out two typographical errors; the word except should be, accept on pages one and four. Chairperson Greene tabled the approval of the September 07, 1995 for lack of Board members who attended the September 07, 1995 meeting. ill. Request of Frank J. and Carmen A. Collazo for a variance to Section 6-190 of the Code of Ordinances to allow a fence to be !!:reater than four (4) feet in hei2ht. namelv seven (7) feet. The property is zoned Planned Unit Development (PUD) and is located at 913 Arabian Avenue: Chairperson Green explained how the meeting will proceed. Staffwill make a presentation, someone will speak for the applicant, and I will then ask for public comment for and against the variance. I will then close public session, accept a motion, and the Board will have discussion. Weare not here to discuss whether the Collazos' may build a fence. Weare here to discuss whether the fence can be over four (4) feet high. .~ Mr. LeBlanc said he sent his package to the Board, and property owners within (150) feet of the variance property were notified by certified mail. The City did not receive any replies because of the certified notices sent, but said, by the presence of all the people here this evening, it seems all the replies are here. r- Board of Adjustment Meeting Minutes - October 05, 1995 Page 2 Mr. LeBlanc said Mr. Doug Hammond, an authorized agent for Mr. and Mrs. Collazo made this claim. The claim is, there are two fences in the immediate area that exceed the height restriction, 850 Dyson and 840 Dyson. They are about one mile away from the subject property. He went on to explain that the home at 840 Dyson received a variance from the height restriction on December 01, 1988. It also had a petition signed by the neighbors stating there was no objection. I could not find any records of when the fence at 850 Dyson was built, or if it had a variance. The area is heavily treed where the two fences are. There is one similar fence in the immediate neighborhood, and that property is 620 Morgan Street. It appears to meet all the Code requirements, (on a windshield survey) and the fence is on the front of the property line only. There is hedge row on the side property lines. Mr. LeBlanc sent the Board members photos of the fences at 840 and 850 Dyson. He also sent a notarized authorization for Mr. Hammond to act as a representative for Mr. and Mrs. Collazo. Mr. Douglas J. Hammond - 123 Triplet Lake Drive, Casselberry, Florida. Mr. Hammond, a I"'"'"' representative for Mr. and Mrs. Collazo said the applicants used the fences at 840 and 850 Dyson as an example for design of their fence. This is the reason I took photographs of the fences. Later, when we tried to get the fence permitted, we discovered the City Code was four (4) feet. However, we knew the fences were over four (4) feet. When we measured the fences, they were about six (6) feet. Chairperson Green asked Mr. Hammond ifhe had reviewed the fence site plan submitted to the Architectural Review Board (ARB) for Tuscawilla? Mr. Hammond said he did, and the ARB approved it. The ARB of Tuscawilla was unaware of any height restrictions fences. Mr. Hammond stated that Mr. Childs said if that is City Code, then you must follow their Code. The ARB of Tuscawilla had no objections to violating their setback requirements. Mr. Hammond said that Mr. Childs approved the site plan that the Board of Adjustment has in their possession, and is currently in the City permitting office. It is however, subject to the variance. Presently, in plan review, there should be two stamped copies of the site plan and fence design as approved by Mr. Childs. Chairperson Greene asked Mr. Hammond if he was aware ofthe fact that the site plan as I"'"'"' submitted, also violates Section 6.191 of the City Codes? , .r"" Board of Adjustment Meeting Minutes - October 05,1995 Page 3 Mr. Hammond said he was not aware of that, only the height restriction. Chairperson Greene read from Section 6.191 that states, ". . . to avoid the obstruction of clear vision around or through corners on corner lots, no fence, wall or hedge shall be erected, planted or grown with twenty-five (25) feet of the intersecting property line corner, adjacent to the street intersection corners. " Mr. Hammond said he was informed of the information by phone, but never given any particulars. Either way, it must go through plan review. I would assume that through plan review, they would have instructed me to make the necessary revisions. I believe it was Mr. LeBlanc who pointed that out to me when he informed me of the height restrictions. Chairperson Greene asked Mr. Hammond if there was any particular reason the Collazos' felt they needed a fence? Mr. Hammond did not know the reason, but speculated it was for security reasons. He was chosen by them [Collazos'] to be the designer, and to represent them through the entire process as the Collazos' were out of the country. "..... Mr. Smith asked if any flexibility existed in providing the proper distance at the comer of Stallion? Mr. Hammond said yes, whatever the Board would recommend. The Collazo's main concern is the height. They would like to have the fence higher than four (4) feet, I am assuming for security reasons. Chairperson Greene asked if there was anyone present who wanted to speak in favor of the fence? Mr. Smith (first name sounds like, Les) - 623 Stallion Court, Winter Springs, FL - Mr. Smith said he lives just behind Mr. Collazo's property. He felt that six (6) feet should be the maximum. Personally he would accept up to a six (6) foot high fence. Chairperson Greene reminded everyone they are to decide whether a fence can be built higher than four (4) feet. Keep in mind that the fence is in front of the front building line. I am surprised at the ARB having approved the fence. It violates all the standards I have known in Tuscawilla, and I served on the Board ten years ago. Chairperson Greene asked if there was anyone who wanted to speak against the fence? Mr. Jack Yoder and Mrs. Phyllis Yoder - 914 Arabian Avenue, Winter Springs, FL- "..... Mr. Yoder said they live directly across from the proposed structure at 913 Arabian Avenue. The area is built with a theme of openness, and that is how it has been maintained over the years. .s /""'" Board of Adjustment Meeting Minutes - October 05,1995 Page 6 Chairperson Greene said he thinks this is a serious question as far as getting the clarification of the ARB. The ARB has far more stringent requirements than the City Code about what can be built, how close to the street, and height restrictions. Mr. Smith moved that the property owner be allowed to proceed with a wall height of no higher than six (6) feet for that portion. Motion dies for a lack of a second. Chairperson Greene said he will accept another motion. Mr. Adams moved that the Board deny the variance request. Based on my observation and, public input, the majority is against this, and they are the neighbors. Seconded by Mr. Smith. I"'" Chairperson Greene wanted to forewarn the Board members that denying this request does not deny them the right to build a fence, it just denies them the right to build a fence any higher than four (4) feet for that portion of the fence that is in front of the front building line. I guess we cannot put any restrictions on the denial, requiring him to get approval of the ARB or spoken approval. VOTE: Elizabeth Harrow, aye Greg Smith, aye Frank Adams, aye Chairperson James Greene, aye Motion Carried IV. Adiournment: Meeting adjourned at 7:30 P.M. /'"""' I""""" ~ ~ Board of Adjustment Meeting Minutes - October 05,1995 Page 7 Submitted by, :?-/ / / _______ ~~~ / S~rle~ ~rankhouser Administrative Secretary Prepared November 09, 1995 APPROVED: James Greene, Chairperson I""'"