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Home My WebLink About2002 11 12 Board of Adjustment Regular Minutes CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING NOVEMBER 12, 2002 I. CALL TO ORDER Chairman Tom Waters called the Regular Meeting to order Tuesday, November 12,2002 (Postponed from November 7, 2002), at 7:01 p.m. in the East Training Room of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Chairman Tom Waters, present Vice Chairman Jack Taylor, present Board Member Gary Diller, present Board Member John Herbert, present II. CONSENT AGENDA CONSENT A. Approval Of The October 23, 2002 Regular Meeting Minutes. MOTION BY VICE CHAIRMAN TAYLOR. "I MAKE A MOTION WE APPROVE THE MINUTES OF THE OCTOBER 23RD MEETING." SECONDED BY BOARD MEMBER HERBERT. DISCUSSION. WITH CONSENSUS OF THE BOARD, THE MOTION WAS APPROVED. MOTION CARRIED. III. REGULAR AGENDA REGULAR A. M.A. Garcia Requests A Variance From The Requirements Of Sections 9-147., 9-157., 9-221., And 9-223. Of The City Code Of Ordinances To Allow A Private Roadway To Be Constructed Twelve Feet (12') Wide Without Curb, Gutter, Or Sidewalk At Tuscawilla Unit 5 And Tract "A" Of Oak Forest Unit 1. Parcel ID # 12- 21-30-501-0AOO-0000. Mr. John Baker, Current Planning Coordinator, Community Development Department, presented the Agenda Item to the Board; and read a Memorandum from Mr. Kipton D. Lockcuff, P.E., Public WorkslUtility Department Director. / ( CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - NOVEMBER 12,2002 (POSTPONED FROM NOVEMBER 7,2002) PAGE20F6 Mr. John Sykes, Rocket & Associates, 3032 Mercy Drive, Orlando, Florida: spoke of surrounding homeowner's prior expressed concerns of flooding; the discussion he had with those homeowners; and the additional steps Mr. Garcia is taking to remedy the situation. Note: Due to technical difficulties, portions of Tape l/Side A are inaudible. Mr. Baker distributed a "Plan & Profile" for the relocation of the access drive relocation. Vice Chairman Jack Taylor suggested that the map be "Dated". Mr. Sykes said that he would, "Sign, seal it, and get it back to the City." Mr. Richard Foster, 1050 Chokecherry Drive, Winter Springs, Florida: advised the Board that he was "Concerned with flooding as well" but "It sounds as - those issues were addressed". Mr. Michael Reynolds, 1052 Chokecherry Drive, Winter Springs, Florida: was in agreement with the drive relocation "As long as the neighbor will cooperate and close up the pipe". MOTION BY VICE CHAIRMAN TAYLOR. "I MAKE A MOTION THAT WE APPROVE THE VARIANCE REQUEST - AND FORWARD IT TO THE CITY COMMISSION FOR FINAL APPROVAL - AS PRESENTED ON THE UPDATED PLAN AND PROFILE - ON NOVEMBER 12, 2002." SECONDED BY BOARD MEMBER DILLER. DISCUSSION. VOTE: BOARD MEMBER HERBERT: AYE VICE CHAIRMAN TAYLOR: AYE CHAIRMAN WATERS: AYE BOARD MEMBER DILLER: AYE MOTION CARRIED. REGULAR B. Paul Starks Requests A Variance From The 240 Square-Foot Maximum For A Detached Accessory Building Set Forth In Section 6-84. Of The City Code Of Ordinances At 210 Arnold Lane (Lot 6, Block H, North Orlando Ranches, Sec. 1A.) Mr. Baker presented the Agenda Item; informed the Board that "Staff does not find that this request meets the six (6) criteria; and if the Board provides a Variance, Mr. Baker asked that a stipulation be placed stating to "Not take out any big trees". CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - NOVEMBER 12,2002 (POSTPONED FROM NOVEMBER 7,2002) PAGE 3 OF 6 Mr. Paul Starks, 484 Wild Fox Drive, Casselberry, Florida: spoke of the six (6) criteria and distributed to Mr. Baker a list of homeowners in the area that have similar "Buildings" on their property. Referencing that list provided by Mr. Starks, Mr. Baker advised, "We can put that in the Staff Report for the City Commission." Mr. Baker informed the Board Members of the upcoming Workshop of the City Commission addressing detached garages and accessory buildings. Discussion. MOTION BY VICE CHAIRMAN TAYLOR. "IN LOOKING AT THE VARIANCE CRITERIA AND AS INTENT, I BELIlEVE THAT MR. STARKS MEETS MOST OF THE VARIANCE CRITERIA. SO I WOULD RECOMMEND THAT WE SUBMIT TO THE COMMISSION - THIS FOR APPROVAL BASED ON THE DISCUSSION OF NOT TOUCHING THE TREE - NOT MOVING THE TREES - TOUCHING THE TREES." SECONDED BY BOARD MEMBER HERBERT. DISCUSSION. VICE CHAIRMAN TAYLOR STATED, "LET ME REWORD THAT - DESTROYING OF ANY TREES SHOULD BE INSERTED WHERE I SAID MOVING THE TREES." BOARD MEMBER HERBERT ADVISED, "I WILL SECOND THAT." VOTE: BOARD MEMBER HERBERT: AYE VICE CHAIRMAN TAYLOR: AYE CHAIRMAN WATERS: AYE BOARD MEMBER DILLER: AYE MOTION CARRIED. REGULAR C. Betty & Louis Ogus Request A Variance From The 25' Side Set Back Requirement As Set Forth For Corner Lots Under The Tuscawilla PUD For Lot 54, Tuscawilla Unit 9, At 668 White Oak Court. This Agenda Item was presented by Ms. Max Epstein, Zoning Technician, Community Development Department. Ms. Epstein also submitted aerial photographs, oversized plans, and photographs taken by Mr. And Mrs. Ogus. Mr. Bob Ogus, 668 White Oak Court, Winter Springs, Florida: addressed the Board and stated that when the house was constructed it was "Originally built out of Variance". Tape 1/Side B CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - NOVEMBER 12,2002 (POSTPONED FROM NOVEMBER 7, 2002) PAGE40F6 Note: Due to technical difficulties, portions of Tape 1/Side B are inaudible. Mr. Ogus addressed the six (6) criteria for the approval of a Variance. Discussion developed. Chairman Waters recessed the Meeting at 8:25 p.m. The Meeting reconvened at 8:34 p.m. Much discussion developed regarding the actual request for Variance from Mr. and Mrs. Ogus and how it differed from the Agenda Item noted on the Agenda. Ms. Epstein drafted an amended request that properly stated the homeowner's request and distributed it to the Board Members. That amended Variance request should read as follows: AMENDED REGULAR C. The Purpose Of The Agenda Item Is To Consider A Request By Mr. & Mrs. Ogus For A Variance To Allow The Re-Building Of Their 62 Linear Feet Fence With A Pergola Top That Currently Encroaches 11 Feet Into The 25' Side Set Back As Was Originally Built. It Is Currently Located On The South Side Of The Property, Which Fronts White Oak Drive. In Addition, Mr. & Mrs. Ogus Request A Variance For The Construction Of An 80 Square Foot Addition That Will Encroach 1.75 Feet Into 25' Side Set Back On The South Side Of The Property Also Fronting White Oak Drive. After discussion, Mr. Ogus stated, "If we were to remove the eight (8) or ten (10) pergola joists along the fence, then it becomes a fence and there is no encroachment?" Ms. Epstein stated, "That is correct. It is just a fence." Mr. Ogus stated, "We would be willing to give up the Pergola if we had to." Tape 2/Side A Discussion. Mr. Ogus stated further, "If the Planner feels that it [fence] is structural but the removal of those joists will make it a fence, and only a fence, we will be happy to give up the joists and build it without the joists, or make them so that they do not attach to the house. " CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - NOVEMBER 12,2002 (POSTPONED FROM NOVEMBER 7, 2002) PAGE 5 OF 6 MOTION BY VICE CHAIRMAN TAYLOR. "THE MOTION IS AS FOLLOWS: IT IS MY UNDERSTANDING THAT BASED ON ONlE (1), THE HOUSE WAS IN VIOLATION OF THE SETBACK STATUTES WHEN IT WAS BUILT IN 1981; TWO (2), THE FINAL SURVEY AND PLOT PLAN IS IN VIOLATION OF THE STATUTES; AND THREE (3), THERE ARE EXTENUATING CIRCUMSTANCES. AND A CONDITION WILL BE APPLIED THAT STATES 'IF THE WINTER SPRINGS' PLANS EXAMINER FEELS STRONGLY THAT THE PERGOLA TOPS ARE STRUCTURAL IN NATURE, THE APPLICANT AGREES TO REMOVE THEM IN ENTIRETY'. I RECOMMEND THAT, TAKING IN CONSIDERATION THE ABOVE REFERENCED ITEMS, WE APPROVE THIS VARIANCE REQUEST AS PRESENTED AND FORWARD IT TO THE COMMISSION FOR FINAL APPROVAL." MR. BAKER SUGGESTED, "WHERE YOU HAVE STATUTE COULD YOU CHANGE THAT TO 'AS SET FORTH ON THE SUBDIVISION PLAT'?" VICE CHAIRMAN TAYLOR STATED, "OKAY. SO NOTED - 'AS SET FORTH ON THE SUBDIVISION PLAT' - SHOULD BE INSERTED FOR 'STATUTES'." BOARD MEMBER DILLER STATED, "SINCE THE WORDS ARE TALKING ABOUT BOTH PARTS, PERHAPS 'BOTH PARTS OF THE REQUEST AS STATED' BECAUSE THERE ARE TWO (2) PARTS - THAT WOULD MAKE IT MORE CLEAR." VICE CHAIRMAN TAYLOR STATED, "I AGREE TO THAT." SECONDED BY BOARD MEMBER DILLER. DISCUSSION. VOTE: CHAIRMAN WATERS: AYE BOARD MEMBER HERBERT: AYE BOARD MEMBER DILLER: AYE VICE CHAIRMAN TAYLOR: AYE MOTION CARRIED. IV. FUTURE AGENDA ITEMS This Agenda Item was not discussed. v. REPORTS c' No Reports were given. CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - NOVEMBER 12,2002 (POSTPONED FROM NOVEMBER 7, 2002) PAGE60F6 VI. ADJOURNMENT MOTION BY VICE CHAIRMAN TAYLOR. "I MAKE A MOTION WE ADJOURN." SECONDED BY BOARD MEMBER DILLER. DISCUSSION. WITH CONSENSUS OF THE BOARD, THE MOTION WAS APPROVED. MOTION CARRIED. Chairman Waters adjourned the Meeting at 8:53 p.m. APPROVED: ~~~ TBOMAS WATERS, CHAIRMAN BOARD OF ADmSTMENT City C1erk\Boards and Committees\Board of Adjustment\alll\MINUTES\1 I 1202 REGULAR.doc NOTE: These Minutes were approved at the December 5, 2002 Board Of Adjustment Regular Meeting.