Loading...
HomeMy WebLinkAbout2001 04 05 Board of Adjustment Regular Minutes CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING APRIL 5, 2001 I. CALL TO ORDER The Board of Adjustment Regl;11ar Meeting was called to order Thursday, AprilS, 2001, at 7:01 p.m. by Vice Chairperson Elizabeth Randall in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). The Pledge of Allegiance followed. Roll Call Chairperson Greg Smith, absent Vice Chairperson Elizabeth Randall, present Board Member Sally McGinnis, absent Board Member Jack Taylor, present Board Member Thomas Waters, present Also Present Mr. Charles Carrington, AICP, Community Development Department Director Mr. Dennis Franklin, Building Official II. REGULAR AGENDA A. Community Development Department Presents To The Board Of Adjustment The Request For Elsie A. Bledsoe To Have A Fence Greater Than Four (4) Feet In Height Forward Of The Building Line. The Fence, At Its Highest Point, Is Approximately Six (6) Feet In Height Mr. Charles Carrington, ACIP, Community Development Department Director introduced Mr. Dennis Franklin, Building Official; and the Agenda Item. Mrs. Elsie A, Bledsoe, 160 East Panama Road, Winter Springs, Florida: spoke of, needing the higher wall height because "I plan to get horses for my grandkids; and "I think it would look nice." Mr. Bill Fernandez, asked from the audience "Do you own any other property out there?" Mrs. Bledsoe replied "Yes, I own two other properties, 150 and 160. I have lived there for twenty (20) some years." Mr. Fernandez then asked, "Did you talk to all your neighbors?" "Yes, I did." Mrs. Bledsoe replied. Mr. Fernandez again asked "Any of CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - APRlL 5, 2001 PAGE20F4 them voice objections?" Mrs. Bledsoe said "No, they all - I had a letter you know and they all signed it and then I brought it up here and they said they didn't need that." The Board asked Mrs. Bedloe if anyone else out there had high fences. Mrs. Bledsoe said, "There is a lot of them. Mostly the whole street down there has them and other streets to, Tradewinds - there's a lot of them out there, and it's the Ranchlands - and it's the horses." Mr, Bill Fernandez, 250 East Panama Road, Winter Springs, Florida: spoke of his past request for a Variance and stated "As far as this meeting, it is unfortunate that you folks have to waste your time on this matter. The City Commission - proposed in his bequest - request of me not to go forward with my Variance request in front of the City Commission because the City Commission was going to amend the Ordinance for the Ranchlands and change the height in front of the twenty-five foot (25') setback line to six feet (6'). Obviously the City Commission has not done so. So once again it is being dumped on you folks again to address this matter. Now as far as the fences out there I brought you numerous pictures and you stopped me half way through, you were tired of seeing the pictures. But I had a little stick and I measured every fence out there, up and down Panama, Bahama, Tradewinds and every one of them are six feet (6')." Mr. Fernandez continued, "I do know that Mr. Taylor has some sort of reservation about granting a Variance, it ought to be exceptional and extraordinary. Folks we wouldn't even be here if the City Commission did it's job. But the City Commission didn't do it's job and so now it's back to you and we're going to press it again in front of the City Commission and maybe this time they'll do something about it and change the Ordinance and it won't be necessary to bother you folks but this is a person asking three (3) people, neighbors, human beings, not politicians, but you folks to consider a serious request. A request that will benefit the neighborhood, her own particular home and will be good for the City. It's not detrimental and I don't think you will hear any objections to it." Discussion. MOTION BY BOARD MEMBER T AYLOR. "I WOULD LIKE TO MAKE A MOTION THAT WE, THE BOARD OF ADJUSTMENT FORWARD THIS APPLICATION TO THE CITY WITH THE RECOMMENDATION TO APPROVE THE APPLICATION." SECONDED BY BOARD MEMBER WATERS. DISCUSSION. WITH CONSENSUS OF THE BOARD THE MOTION WAS APPROVED. MOTION CARRIED. CITY OF WINTER SPRlNGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - APRlL 5. 2001 PAGE 3 OF 4 B. Community Development Department Presents To The Board Of Adjustment The Request For Howard And Libby Baity For A Variance To Section 9-241. ( c ) To Have A Finished Floor Elevation Less That Eighteen (18) Inches Above The Hundred Year Flood Stage. Mr. Carrington introduced this Agenda Item. Mr. Howard Baity 1393 Santiago Court, Winter Springs, Florida: spoke of being a new builder; and he "made a mistake." Discussion. Chairperson Randall 'asked "Does anyone have any other questions for the builder? Would the owners like to speak, or do you having anything to add for to the record. Okay, anyone else, any neighbors, - any other questions." Board Member Waters stated "I have a question for the owners? Do you understand what we would be looking for? I guess the question is, what my recommendation would be - if its approved, would be that you can't hold the City liable for any damage that you have. Do you have a problem with that?" Ms. Libby Baity and Howard Baity, 1393 Santiago Court, Winter Springs, Florida: Ms. Baity said ''No, sir. I did call insurance places and they would not require me to hold flood insurance which I would not be able to afford, so I hope that would not be a part of that. But I would not hold the City liable for anything." MOTION BOARD MEMBER TAYLOR. "I'D LIKE TO MAKE A MOTION THAT THE BOARD OF ADJUSTMENT FORWARD THIS APPLICATION TO THE CITY COMMISSION WITH THE RECOMMENDATION TO APPROVE IT WITH THE STIPULATION THAT THE APPLICANT ACKNOWLEDGES THAT THEY WILL HOLD THE CITY HARMLESS, THE CITY OF WINTER SPRINGS, AND ANY LIABILITY WHICH MAY BE CAUSED TO THIS RESIDENT BECAUSE OF THE FINISHED FLOOR ELEVATION BEING LOWER THAN THAT IS REQUIRED BY CODE WOULD NOT EFFECT THE CITY." SECONDED BY BOARD MEMBER WATERS. "I'LL SECOND THAT WITH AN ADDITION OR AMENDMENT." DISCUSSION. AMENDMENT BY BOARD MEMBER WATERS. "I WOULD LIKE TO SEE SOMETHING IN THERE THAT THE OWNERS HAVE TO, IF THEY DECIDED TO PUT THE HOUSE ON THE MARKET ANY TIME DOWN THE ROAD, ANYONE, THAT THEY HAVE TO DISCLOSE TO BUYERS IN THE FUTURE OF THIS. I COULD SEE SOMETHING IN THERE THAT - I HAVE THIS MENTALITY THAT WE HAVE A LOT OF HOUSES THAT, BACK WHEN IT CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - APRlL 5. 200] PAGE 4 OF 4 USE TO RAIN, AND SUDDENLY THEY ARE FLOODED, PEOPLE COME BACK AND BLAME THE GOVERNMENT AND YOU HAVE SOME SITUATIONS WHERE YOU HAVE 'IT'S NOT THE GOVERNMENT'S FAULT'. SO I'D LIKE TO MAKE THAT MOTION WITH THAT ADDITION OR SECOND THAT MOTION WITH THAT ADDITION." DISCUSSION. WITH CONSENSUS OF THE BOARD THE MOTION WAS APPROVED. MOTION CARRIED. III. ADJOURNMENT Chairperson Randall asked, "Do I hear a Motion for Adjournment?" MOTION BY BOARD MEMBER WATERS. "SO MOVED." SECONDED. DISCUSSION. WITH CONSENSUS OF THE BOARD THE MOTION WAS APPROVED. MOTION CARRIED. Vice Chairperson Randall adjourned the meeting at 7:29 p.m. RESPECTFULLY SUBMITTED: _~l~' DEBBIE GILLESPIE DEPUTY CITY CLERK APPROVED: ~ C:~ ELIZAB H RANDALL, VICE CHAIRPERSON BOARD OF ADJUSTMENT NOTE: These minutes were approved at the'~ 3.2001 Board of Adjustment Meeting, I S:\City Clerk\Docs\ W ord\BOARDS\ADJUSTME\alI1\Draft Minutes\200 I \Adj04050 l,doc