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HomeMy WebLinkAbout2002 08 01 Board of Adjustment Regular Minutes CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING AUGUST 1,2002 I. CALL TO ORDER Board Member Thomas Waters called the Regular Meeting to order Thursday, August 1, 2002, at 7:00 p.m. in the East Conference Room of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Board Member John Herbert, present Board Member Jack Taylor, present Board Member Thomas Waters, present The Pledge of Allegiance followed. .:..:. AGENDA NOTE: THE FOLLOWING AGENDA ITEMS ARE DOCUMENTED IN THE ORDER DISCUSSED. .:. .:. III. REGULAR AGENDA REGULAR A. Election of Officers. The Members of the Board, by consensus decided to forgo the Election of Officers until the next Regular Meeting. REGULAR B. Variance Request For Rear Yard Building Setback - Richard Grimes 1622 Fox Glen Court/Lot 118 Fox Glen At Chelsea Parc (Tuscawilla) Section 6-2. (Compliance With Chapter) Section 6-3. (Use Of Building Erected Or Altered In Violation Of Chapter) Mr. John Baker, AICP, Current Planning Coordinator, Community Development Department introduced the Agenda Item. Mr. Baker explained that Staff felt that the request did not meet all of the criteria with the possibility of number two (2) and recommended the request be denied. It was suggested by Mr. Baker that if the Board "Did find in favor of Mr. Grimes for the granting of the Variance that you would go through each one of the Variance criteria, those six (6) criteria that are in your Code book and in your packet, and show how you feel that it does meet that." CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - AUGUST 1,2002 PAGE 2 OF 6 Mr. Richard Grimes, 1622 Fox Glen Court, Winter Springs, Florida: distributed photographs and a packet of material. Mr. Grimes spoke of where the Affordable Screen's contract price included the permit and assumed that the permit was obtained; felt the City should take some action against Affordable Screens for violating the permit requirements; reviewed the definitions of a enclosed pool and screen enclosure from the Winter Springs Code of Ordinances (Sec. 6-211.); and the history of the home, slab and enclosure. Additionally, Mr. Grimes addressed each of the six (6) criteria and explained how his request met each of the criteria and presented a petition from the surrounding neighbors in support ofthe screen enclosure remaining as is. Discussion. Note: During the above discussion there was no in-depth review by Staff of the six (6) criteria requiredfor the Variance. Tape II Side B MOTION BY BOARD MEMBER TAYLOR. "I WOULD LIKE TO MAKE A MOTION TO MAKE A RECOMMENDATION TO THE CITY COMMISSION TO GRANT THIS MINIMAL VARIANCE DUE TO SPECIAL EXTENUATING CIRCUMST ANCES AS NOTED BY MR. GRIMES AND WHICH IS NOTED IN THE TRANSCRIPTION OF THIS MEETING. AND IN ADDITION, I BELIEVED IT WOULD BE A HARDSHIP FOR HIM TO REMOVE THIS - ALSO I BELIEVE WE NEED TO - PASS TO THE CITY COMMISSION THAT THEY NEED TO REVIEW THE MINUTES OF THIS MEETING AND FURTHER INVESTIGATE THE PERMIT VIOLATION THAT HAS OCCURRED." SECONDED BY BOARD MEMBER HERBERT. DISCUSSION. Board Member Jack Taylor further said, "I just would like to say that you presented a good case and I did go out and look at this area and I do not see it causing an undo hardship to anybody. I understand there are people in the neighborhood that have pool enclosures and have pools that back up to this area. This is a very small enclosure and I believe that it is extenuating circumstances that makes my recommendation." Board Member John Herbert said, "I don't want to add to that - it sounds fine, just the way you said that." Board Member Waters suggested that a recommendation be made to the City Commission to fine the contractor. CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - AUGUST 1,2002 PAGE 3 OF 6 VOTE: BOARD MEMBER HERBERT: AYE BOARD MEMBER TAYLOR: AYE BOARD MEMBER WATERS: NAY MOTION DID NOT CARRY. Board Member Waters suggested that he would like to see Affordable Screens and Patio "Get fined at least twice what Mr. Grimes has spent. I would like to see, I am not sure that that could be done, I hate for him to have to spend $500.00 for someone else's mistake but that is what you had to do. I am a believer in that when someone does something wrong the cost involved should out-weigh the how they benefited from this. I would like to entertain a Motion that we would pass on to the City Commission that they look into the process where they could fine the company at least twice what Mr. Grimes has spent and look at not allowing them do business in the City for a reasonable amount oftime." MOTION BY BOARD MEMBER TAYLOR. "I WOULD LIKE TO MAKE THAT A MOTION." Discussion. BOARD MEMBER TAYLOR RESTATED THE MOTION. "I WOULD LIKE TO MAKE A MOTION THAT THE CITY OF WINTER SPRINGS' COMMISSION NEEDS TO INVESTIGATE FURTHER THIS PERMIT VIOLATION AND THAT WITH THE SUBJECT OF THE - COMPANY NAMED, AFFORDABLE SCREEN AND PATIO, SHOULD BE FINED $5,000.00 FOR THE HARDSHIP THEY HAVE CAUSED. I WOULD LIKE TO AMEND THAT, ALSO TO ADD THAT - NOT TO ALLOW THEM NOT TO DO BUSINESS IN THE CITY FOR A PERIOD OF TIME AS STIPULATED BY THE COMMISSION." SECONDED BY BOARD MEMBER HERBERT. DISCUSSION. VOTE: BOARD MEMBER WATERS: AYE BOARD MEMBER TAYLOR: AYE BOARD MEMBER HERBERT: AYE MOTION CARRIED. Board Member Taylor advised Mr. Grimes to attend the City Commission Meeting to present his case before them. CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - AUGUST 1,2002 PAGE40F6 REGULAR C. Variance Request For Rear Yard Building Setback - James & Eileen Cornell 607 Viana Court Section 6-2. (Compliance With Chapter) Section 20-163. (Conditional Uses) This Agenda Item was introduced by Mr. Baker and pointed out "We do have five (5) Findings Of Fact and if you do choose to recommend approval please show that indeed - you feel that it does meet all six (6) of the Variance criteria - so we do recommend denial again, we want to give them the opportunity to make their case and hopefully for them they can show that they meet the six (6) criteria but indeed we don't see that they do." Ms. Eileen Cornell, 607 Viana Court, Winter Spring, Florida: distributed photographs and letters of support from surrounding neighbors. Ms. Cornell asked for the Board's consideration concerning their request; described the dimensions of her lot and patio; stated that if they had put a pool in the enclosure they wouldn't need a Variance; and referred to the City's Code of Ordinances regarding setbacks. Commissioner Michael S. Blake arrived at 8:06 p.m. Ms. Cornell addressed each of the criteria and explained how they met every criteria and that she should be granted the Variance. Discussion. Note: During the above discussion there was no in-depth review by Staff of the six (6) criteria required for the Variance. MOTION BY BOARD MEMBER HERBERT. "I WOULD LIKE TO MAKE A MOTION THAT WE APPROVE OF THE VARIANCE FROM OUR POINT OF VIEW." BOARD MEMBER TAYLOR SAID, "I WOULD ADD TO THAT I BELIEVE THAT IN FACT THAT YOU DO MEET THE SIX (6) CRITERIA IN YOUR INTERPRETATIONS." BOARD MEMBER WATERS SAID, "WE NEED TO ADDRESS EACH ONE SPECIFICALLY." BOARD MEMBER TAYLOR SAID, "BASED ON THE MINUTES OF THIS MEETING AS HEARD I BELIEVE THAT YOU MEET 1., 2., 3., 4., 5., AND 6., AS THEY STATE." SECONDED. DISCUSSION. Board Member Waters spoke for the record that the applicant did not meet all of the criteria and "These criteria are very difficult and may be an understatement to meet from my perspective." CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - AUGUST 1,2002 PAGE 5 OF 6 Board Member Taylor commented, "I would also like to note there is some subjectivity to these six (6) criteria." VOTE: BOARD MEMBER TAYLOR: AYE BOARD MEMBER WATERS: NAY BOARD MEMBER HERBERT: AYE MOTION DID NOT CARRY. Board Member Waters suggested to the applicants that when the Item comes before the City Commission it would be in their best interest to be present. Ms. Cornell asked when that would be and Mr. Baker replied, "I will notify you." .:. .:. AGENDA NOTE: THE CONSENT AGENDA WAS DISCUSSED AS DOCUMENTED. .:. .:. II. CONSENT CONSENT A. Approval Of The May 2, 2002 Regular Meeting Minutes. Board Member Waters asked for a Motion to approve the Minutes. "I MAKE A MOTION THAT WE APPROVE THE MINUTES OF THE MAY 2ND MEETING." MOTION BY BOARD MEMBER TAYLOR. SECONDED BY BOARD MEMBER HERBERT. DISCUSSION. WITH CONSENSUS OF THE BOARD, THE MOTION WAS APPROVED. MOTION CARRIED. IV. FUTURE AGENDA ITEMS This Agenda Item was not discussed. V. REPORTS Board Member Taylor inquired whether the City is reviewing the Code of Ordinances regarding pool enclosures versus screen enclosures. Mr. Baker responded that the City Attorney was rewriting the Zoning Code. Brief discussion. CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - AUGUST 1,2002 PAGE 6 OF 6 Board Member Waters informed everyone that he would be unable to attend the September Meeting due to impending surgery. Tape 2/Side A VI. ADJOURNMENT MOTION BY BOARD MEMBER TAYLOR. "I'D LIKE TO MOTION THAT WE ADJOURN." SECONDED BY BOARD MEMBER HERBERT. DISCUSSION. WITH CONSENSUS OF THE BOARD, THE MOTION WAS APPROVED. MOTION CARRIED. Board Member Waters adjourned the Meeting at 8:28 p.m. RESPECTFULLY SUBMITTED: ~~11-,&l1~ DEBBIE GILLESPIE DEPUTY CITY CLERK APPROVED: ~ _cd~ THOMAS WATERS, BOARD MEMBER BOARD OF ADmSTMENT S:\dept - City Clerk\BOARDS\ADJUSTME\alll\MINUTES\080102 REGULAR.doc NOTE: These Minutes were approved at the October 23, 2002 Board Of Adjustment Meeting.