Loading...
HomeMy WebLinkAbout2002 05 02 Board of Adjustment Workshop Minutes CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT WORKSHOP MAY 2, 2002 I. CALL TO ORDER Chairman Greg Smith began the Workshop at approximately 7:42 p.m. immediately following the Regular Meeting on Thursday. May 2,2002, in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). There was no Roll Call. In Attendance: Chairman Greg Smith Vice Chairperson Elizabeth Randall Board Member John Herbert Board Member Thomas Waters, arrived at 8:12 p.m. II. WORKSHOP AGENDA Discussion With City Attorney Anthony A. Garganese. Chairman Smith thanked City Attorney Anthony A. Garganese for his attendance. Attorney Garganese spoke of the role of the Board Members, the Chairman and Vice Chairman; and actions that could be taken when there is a disruptive person in the audience. Attorney Garganese then said, "The current form of the Board Of Adjustment section of the code needs significant rewrites and some of the criteria may change so I am going to go over what's currently in the Code." Referring to Variances Attorney Garganese said, "Think of it in this context the City Commission is the body that establishes the law." They have given this Board a very little narrow window to recommend Variances to the law. Attorney Garganese added, "They need to meet all of the criteria because if the Commission grants a Variance that does not meet the criteria, in essence what they are doing is violating the law as it is currently on the books." Attorney Garganese was asked by a Board Member if "If each of the six (6) or just one (1) of the six (6) criteria should be met and he responded, "All six (6)." CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT WORKSHOP - MA Y 2, 2002 PAGE 2 OF 3 The six (6) criteria from the City of Winter Springs Code of Ordinances, Section 20-56. were read by Attorney Garganese with the following comments: '" 1. That special conditions or circumstance that are peculiar to the land or peculiar to the stricture or building involved which are not implacable to other land, structures or buildings in the same Zoning District;' An example would be a property that abuts a conservation easement on a setback because setbacks are intended to protected adjacent properties from encroachments and to allow certain amount of open space. If you already have a dedicated perpetual conservation easement behind the piece of property nobody is going to build on that conservation area. What are you protecting assuming if there are no wetland issues involved? Another peculiar situation to the land is an odd shape lot. A lot that may not be a perfect 1 00 x 100 box it would be you see some that are triangular forms and those create very interesting situations when you apply setbacks requirements. You may have peculiar situation to buildings as well." "'2. That the special conditions and circumstance do not result from the actions of the applicant;' That is the self-imposed legal requirement. You cannot have by law unnecessary and undo hardship if the hardship is self-imposed." "'3. That granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, buildings or structures in the same zoning district.' The law disfavors discrimination in providing special privileges to some but not others. You need to be cognizant of that. As you get experience on the board you should keep cognizant - that your decision should be consistent and uniform. You should not provide privileges to some and not others. "'4. That literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this chapter and would work unnecessary hardship on the applicant;' Say you have a lOO lot subdivision and 99 of those lots have single a family structure on it. All of those lots are 100 x lOO; that one hundredth lot is not a lOO x lOO lot. It is a peculiar triangular - shape lot. If you interpret - or you can say that criteria 4. has been satisfied because the actual interpretation of the Code is depriving that property of a single family home like the other 99 that are in that same subdivision. Tape 1/ Side B '''5. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure'; - the Variances are - Variance from the law. If you are going to grant the Variance it should be the least Variance possible, the minimum Variance possible because you are actually changing the law, in essence changing the what the law is and you shouldn't give more that what is necessary to allow the person to use their property and get the Variance. Another example would be if they wanted to put this screen enclosure in - you wouldn't want to turn it around, because they want to build this certain type of screen enclosure, then turn around and say we'll give CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT WORKSHOP - MAY 2, 2002 PAGE30F3 you a Variance for the fifteen feet (15') when the four (4) [feet] would do. You shouldn't be overly generous with granting a Variance." "'6. That the grant of the variance will be in harmony with the general intent and purpose of this chapter will not be injurious to the neighborhood, or other wise detrimental to the public welfare. ' You are looking at the big picture with criteria 6. You want to make sure granting the Variance is not going to harm adjacent property owners or property owners in the vicinity. You are looking out for the overall best interests of the City." Discussion. Board Member Tom Waters arrived at 8: 12 p.m. Attorney Garganese stated "That ultimately when this makes it's way up to the Commission, Variances are considered Quasi-judicial in nature. As Quasi-judicial matters - a certain amount of due process needs to be provided and decisions need to be based on what the court calls 'Competence substantial evidence'. This is a fancy way of saying that evidence that you rely on to make your decisions are reasonable - it would support it." Attorney Garganese then said, "Emotion should play no part in your decision. This is about trying to extract the necessary information from the applicant, and from the Staff and from anyone else that comes up here and testifies." Further discussion Next, Attorney Garganese and Members of the Board discussed the Sunshine Law. Attorney Garganese was asked about "Conflicts Of Interest" and responded "There is a voting 'Conflict Of Interest' Statute for all Board Members including Advisory Boards" and explained that if there is any matter involving a "Special gain or loss, or the special gain or loss of a relative or an employer then you should declare a voting conflict of interest and abstain [rom voting on the matter." Discussion. Attorney Garganese then addressed the City's newest Ordinance regarding attendance. Discussion. II. ADJOURNMENT Chairperson Smith adjourned the Workshop at 8:44 p.m. SPECTFULLY SUBMITTED: < ' DEBBIE GILLESPIE DEPUTY CITY CLERK S:\dept - City Clerk\BOARDS\ADJUSTME\alll\MINUTES\2002\050202 WORKSHOP.doc