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HomeMy WebLinkAbout2001 09 06 Board of Adjustment Regular Minutes CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING SEPTEMBER 6,2001 I. CALL TO ORDER Chairman Greg Smith called the Board of Adjustment Regular Meeting to order Thursday, September 6, 2001, at 7:03 p.m. 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, present Vice Chairperson Elizabeth Randall, absent Board Member Sally McGinnis, present Board Member Jack Taylor, present Board Member Thomas Waters, arrived at 7:06 p.m. II. CONSENT CONSENT A. Approval of the June 7, 2001 Regular Meeting Minutes. Chairman Smith asked for a Motion for the approval of the Minutes. MOTION BY BOARD MEMBER McGINNIS. "SO MOVED." SECONDED BY BOARD MEMBER TAYLOR. DISCUSSION. WITH CONSENSUS OF THE BOARD THE MOTION WAS APPROVED. MOTION CARRIED. III. REGULAR AGENDA REGULAR A. Election Of Officers. Chairman Smith opened the floor for nominations for Chairman. MOTION BY BOARD MEMBER JACK TAYLOR STATED, "I'D LIKE TO NOMINATE YOU MR. CHAIRMAN." SECONDED BY BOARD MEMBER McGINNIS. DISCUSSION. CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - SEPTEMBER 6, 2001 PAGE 2 OF 6 Chairman Smith closed nominations. WITH CONSENSUS OF THE BOARD THE MOTION WAS APPROVED. MOTION CARRIED. Chairman Smith opened the floor for nominations for Vice Chairman. MOTION BY BOARD MEMBER McGINNIS. "ELIZABETH RANDALL, I'LL NOMINATE HER." Board Member Tom Waters arrived at 7:06 p.m, SECONDED BY BOARD MEMBER TAYLOR. DISCUSSION. Chairman Smith closed nominations. WITH CONSENSUS OF THE BOARD THE MOTION WAS APPROVED. MOTION CARRIED. REGULAR B. Variance For Setback At 132 Cherry Creek Circle. Mr. John Baker, AICP, Current Planning Coordinator introduced the Agenda Item and spoke of six criteria's for a Variance. Mr. Baker stated, "Staff feels that the encroachment into the front yard building setback clearly results from the actions of the applicant builder, criteria number two (2). And that criteria one (1) through six (6) are not met for granting a Variance." He read the following from the Agenda Item: "The Board of Adjustment may recommend a reasonable time period to accomplish any recommendation such as the Building Official's recommendation to modify the building to remove the encroachment. This Variance request has been noticed as required by Section 20-83. of the Code of Ordinances. I would note and enter into the record a letter that we received today from Richland Investments," Discussion followed regarding the house number being changed from 132 to 136 Cherry Creek Circle (Lot Number 11). Mr. Baker read the chronology, the findings and reviewed the attachments. Mr, Mark Queen, President, Reserve at Tuscawilla Homeowner's Association, 129 Cherry Creek Circle, Winter Springs, Florida: said "Personally it doesn't bother me too much that the house is a little close but on the other hand I have been instructed by the Board of the Reserve at Tuscawilla Homeowners to express our general unhappiness with CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - SEPTEMBER 6. 2001 PAGE 3 OF 6 the fact that it has gone beyond what the Variance permitted. We have pretty much talked to a lot of Homeowners, a lot of Homeowners have called to expressed their displeasure at this in varying degrees but not one of them have recommended that the house be torn down. I think everyone is more concerned that this type of thing doesn't happen again. We still have some lots that are available in our neighborhood and we're concerned that - no more violations like this occur but no one like I said, is advocating that this house be torn down." Discussion. Mr, Rick Heidenescher, 101 Cherry Creek Circle, Winter Springs, Florida: as the builder distributed a handout to the Board Members. He stated "First of all I want to acknowledge, yes, we did make a mistake and it was a honest mistake and it was just really a series of misfortunes and I'll try to do this just briefly - you may not be to concerned about why." He explained that after he had submitted for a pennit, and shortly after the Homeowners requested an additional two (2) feet to be added to the home, New plans were drawn and the revisions were submitted for the building permit. Mr. Heidenscher further stated "Our intention was to maintain the 20' 5" setback at the front of the house and this is the second plot plan that was submitted to the building Department and again our intentions were to have the hOllse sit on the lot like that and obviously it wouldn't have encroached on the twenty (20') foot setback. Well what happened was that somehow the house did not get staked properly. It was never staked - it was staked from the first plot plan and not for the second plot plan. To compound that a foundation man did not question it and took it upon himself to make a educated decision as to what to do with the problem, obviously it was not the right answer." He continued to speak regarding house placement on the lot; and columns along the garage; while reviewing a handout and photographs. Chairman Smith asked how could we stop this from occurring again? Mr. Heidenescher commented that the Building Department "Has taken a good step to getting rid of the possibility and that is, they will not grant a slab inspection - not a footer inspection but a slab inspection - until the survey shows the setbacks on it." Mr. Dennis Franklin, Building Official stated, "It has been policy to get the "As-Built survey" at the frame inspection which the frame inspection is - the house is built, the structure is there. So we changed that, I believe about four (4) to six (6) weeks ago and we require a form board survey and that would make that determination even prior to pouring the footing or foundation." Discussion continued Tape I/Side B CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - SEPTEMBER 6. 2001 PAGE4 OF 6 Ms, Heidi Heidenescher, 101 Cherry Creek Circle, Winter Springs, Florida; addressed the Board and requested they grant the Variance. Ms. Maggie Goodenbury, 136 Cherry Creek Circle, Winter Springs, Florida: asked that the Variance be granted. Mr. Franklin was asked if he had any other comments and he said, "I think I submitted my comments in my letter to you. From a structural point of view Mr. Heidenescher is correct what it mayor may not do to the structure if we go ahead and have him bring it to compliance. Mr. Franklin added, "I don't believe those columns would have to be removed and perhaps that would maintain some of the aesthetics that they set out to have." Discussion. MOTION BY BOARD MEMBER WATERS. "I'LL MAKE THE MOTION THAT WE NOT GRANT THE VARIANCE." SECONDED BY BOARD MEMBER TAYLOR. DISCUSSION. Chairman Smith asked if any of the Board Members had any comments. Board Member Waters stated, "The only comment I have is that I have been on this Board for a couple - three (3) years now and every time we hear a Variance about something - we get it thrown up in our faces that it happens some place else - it happens some place else and I think we have to take a stand to prevent that from happening. I hate to see this happen to anyone." Chairman Smith said, "I agree with that it seems that we're - normally that's all we hear about are requests for variations and so forth. I guess my belief is that I guess I would probably go ahead and request that the property owners strongly consider some type of landscaping, other type things to soften that in fi'ont of there, But I just, I think - to me the real culprit in this is probably the developer because they have gone ahead and purposely set the lots way to small to support - houses of these desired market value - the Homeowners I think would be unjustly penalized, I'll probably not vote in favor of that. Board Member Jack Taylor commented, "Well my comments are that it appears in this particular case that the Homeowner's Association has been trying to work with the Contractor and that the original CCR's actually call out the thirty (30) feet and as it was pointed out it's been - a legal Variance granted to put it down to twenty-two (22) feet and now you are asking for one to put it down to seventeen (17) feet. My personal opinion is that Richland needs to work much more closely with the Homeowner's Association and this wouldn't have happened." Board Member Sally McGinnis asked, "I'd like to know what the Homeowner's Association has actually done?" CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - SEPTEMBER 6, 2001 PAGE 5 OF 6 Mr. Queen replied, "What we did originally is when the original Variance was granted by Richland we sent a letter to them that said that one; we would appreciate if anytime you grant a Variance you would submit - through our regular ARB and so that we are aware of it and we - I want you to know that we, the Homeowners do not want to grant this Variance at all. But I also want to say, we really don't want part of this house to be taken down because - also under our CCR you have to have a three (3) car garage. If you push that in two (2) feet you may not have a three (3) car garage. I'm telling you I believe that, as I said, while the Homeowners are disappointed in this, it is a beautiful house and I will tell you that nobody wants to see them have to take down part of this house. We just want to make sure it doesn't happen again. And we can work much more closely with the developer; in fact I'll put in a call tomorrow and we'll see if we can't get something worked out on that." Chairman Smith asked if there were any other comments and then called for the Vote. CHAIRMAN SMITH SAID, "ALL THOSE IN FAVOR, SAY AYE." VOTE: BOARD MEMBER TAYLOR: AYE BOARD MEMBER WATERS: AYE CHAIRMAN SMITH SAID, "ALL THOSE OPPOSED." CHAIRMAN SMITH: OPPOSED BOARD MEMBER McGINNIS: OPPOSSED MOTION DID NOT CARRY. Further discussion. Chairman Smith stated, "I'm open for another suggestion, recourse regarding this issue. And if there is any common ground or not that the Board can come to as far as presenting a unified Motion to the City Commission." Discussion. Chairman Smith said, "Let the record show that this matter is a deadlock between the Members of the Board and at this point I'm ready to entertain a Motion for Adjournment. IV. FUTURE AGENDA ITEMS V. REPORTS Board Member Tom Waters requested a Workshop with the City Attorney and all the Board Members agreed. CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - SEPTEMBER 6.2001 PAGE 6 OF 6 Mr. Carrington said, "I can request that for you if you wish. You would like him to attend your next meeting?" The consensus of the Board was to hold a Workshop. The Board discussed with Mr. Carrington the purpose of the Workshop. Board Member J'aylor requested "I would also like to add to that maybe you when you decide to do that, could you poll the Board Members for a date?" Mr. Carrington replied "Of course. I'll contact the Chairman, he'll poll the Members of the Board. I'd give you a date tonight but again I need to make sure that Anthony Garganese is available. So why don't I check with him for a date and then I'll contact Mr, Smith and we will go from there." The Board agreed. VI. ADJOURNMENT MOTION BY BOARD MEMBER TAYLOR. "I'll MAKE A MOTION THAT WE ADJOURN." SECONDED. DISCUSSION. THE BOARD AGREED TO THE MOTION BY CONSENSUS. MOTION CARRIED. Chairman Smith adjourned the meeting at 8:18 p.m. RESPECTFULLY SUBMITTED: '~~A M~.t~lQ' DEBBIE GILLESPIE DEPUTY CITY CLERK NOTE: These minutes were approved at the November 1,2001 Board of Adjustment Meeting, S:\dept - City Clerk\Docs\Word\BOARDS\ADJUSTME\al1l\MINUTES\2001\Adj090601,doc