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HomeMy WebLinkAbout2005 04 07 Board of Adjustment Regular Minutes EXEMPTION CITY OF WINTER SPRINGS, FLORIDA MINUTES BOARD OF ADJUSTMENT REGULAR MEETING APRIL 7, 2005 CALL TO ORDER The Board of Adjustment Regular Meeting of Thursday, April 7, 2005 was called to order at 7:03 p.m. by Chairman Thomas Waters in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Chairman Thomas Waters, present Vice Chairman Jack Taylor, present Board Member Linda Collins, present Board Member Kathryn Fairchild, absent Board Member Howard Casman, present Board Member Linda Collins led the Pledge of Allegiance. Chairman Waters acknowledged City Commissioner Sally McGinnis in attendance and Mr. John Baker, AICP, Senior Planner, Community Development Department introduced Mr. Randy Stevenson, the City's new Community Development Department Director. PUBLIC INPUT None. CONSENT AGENDA CONSENT 200. Office Of The City Clerk Approval Of The March 3, 2005 Regular Meeting Minutes. "I MAKE A MOTION THAT WE APPROVE THE MINUTES." MOTION BY VICE CHAIRMAN TAYLOR. SECONDED BY BOARD MEMBER COLLINS. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - APRIL 7, 2005 PAGE20F6 VOTE: BOARD MEMBER CASMAN : AYE CHAIRMAN WATERS: AYE BOARD MEMBER COLLINS: AYE VICE CHAIRMAN TAYLOR: AYE MOTION CARRIED. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 400. Community Development Department Recommends The BOA (Board Of Adjustment) Hear The Request For A Waiver From Section 6-86. Of The City Code Of Ordinances, To Allow A Builder To Construct 8 (Eight) Homes, Consistent With The Existing Development In The Greenspoint Subdivision, With The Highlands PUD (Planned Unit Development). Mr. John Baker introduced this Agenda Item and presented pictures of the Greenspointe Subdivision and said, "We support the ten foot (10') front and rear setbacks." Next, Mr. Baker stated, "I do want to point out that based on the Code Section that 1 provided you tonight, our Attorney [Anthony A. Garganese] has informed me - to take this case to the Planning and Zoning Board, that will be on the 18th [April 2005] - a Special Meeting - before we take it to the City Commission. But, we do recommend approval with that one difference." Discussion. Mr. Allen Epstein, 22 Spring Ridge Drive, Debary, Florida: spoke on behalf of the Applicant, Mr. Julian Demorra. Discussion. Chairman Waters opened the "Public Input" portion of this Agenda Item. Mr. Gary Diller, 609 Nighthawk Circle, Winter Springs, Florida: as the President of the Greenspointe Homeowner's Association and Member of the Architectural Control Committee, Mr. Diller spoke about the written proposal and noted being in favor of the "Request" . CITY OF WINTER SPRINGS, FLORIDA MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - APRIL 7, 2005 PAGE30F6 Mr. James Charles, 634 Nighthawk Circle, Winter Springs, Florida: as the Vice President of Greenspointe Homeowner's Association and Member of the Architectural Control Committee, Mr. Charles spoke in favor of the "Waiver Request". Mr. Charles read a letter from the Greenspointe Homeowner's Association dated April 6, 2005. A copy was handed out to the Board Members. Mr. Ron Crowe, 504 Spoonbill Court, Winter Springs, Florida: spoke of serious drainage problems and was opposed to this "Request". Ms. Catherine Graham, 667 Nighthawk Circle, Winter Springs, Florida: addressed the Board on drainage problems and noted she was opposed to this "Request". Tape I/Side B Further discussion. Ms. Helga Schwarz, 720 Galloway Court, Winter Springs, Florida: as the President of the Highland's Homeowner's Association, Ms. Schwarz spoke about plans that were not submitted to the Architectural Review Board. Mr. Michael Sprouse, 623 Anhinga Road, Winter Springs, Florida: suggested building a two (2) story house; and spoke about cleaning out the ditches to avoid drainage problems; and commented on emergency vehicles getting through the streets. Chairman Waters closed the "Public Input" portion of this Agenda Item. Discussion. Mr. Baker said, "We followed the provisions of the Code for posting the Site and notifying people within one hundred and fifty feet (150'). I did notify Greenspointe HOA (Homeowner's Association). I - did not think to notifY the Highlands HOA (Homeowner's Association)." With further discussion, Mr. Epstein said, "You have developments in Winter Springs that will not meet these new PUD (Planned Unit Development) requirements and they will continue to build because they have a Developer's Agreement and the houses will be six feet (6') apart or seven feet (7') apart because any changes after they got that Agreement won't apply to them." Mr. Epstein added, "So, we came openly for a 'Waiver' under this new rule to build as we would in the past." A list of signatures was handed out to the Board Members in favor of Lots 101 and 102. Discussion. CITY OF WINTER SPRINGS, FLORIDA MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - APRIL 7, 2005 PAGE40F6 Mr. Julian Demorra, : the Applicant addressed the Board Members regarding his "Waiver" application. Tape 2/Side A Further discussion. Mr. Epstein said, "It was only this one (1) lot that created the odd problem. Otherwise, if you look at his [Mr. Baker] recommendation, I compliment him. It was very professionally done. Seven out of eight lots they have no problem with under the new PUD [Planned Unit Development] Ordinance." "I MAKE A MOTION TO APPROVE THE WAIVER REQUEST FOR THE THREE FOOT (3') SIDE AND TEN FOOT (10') FRONT AND REAR SETBACK REQUESTS ON THE REFERENCED EIGHT (8) LOTS. IN ADDITION, I AMEND THIS MOTION TO DENY THE FRONT YARD WAIVER REQUEST ON LOT 102 ENCROACHED ON THE PROPERTY." MOTION BY VICE CHAIRMAN TAYLOR. MR. BAKER ASKED, "DOES THAT MEAN THAT YOU WANT [LOT] 102 TO MEET THE TWENTY FIVE FOOT (25') OR THE TEN FOOT (10') AS OPPOSED TO THE OTHERS?" VICE CHAIRMAN TAYLOR SAID, "TEN FOOT (10') ON THE EIGHT (8) LOTS - EIGHT (8) LOTS TOTAL RIGHT, SO THAT INCLUDES [LOT] 102?" MR. BAKER SAID, "...YES. BUT DO YOU ALL AGREE WITH - FOR A FOUR (4) OR FIVE (5) FOOT SECTION OF THE SIDE OF [LOT] 102 GOING DOWN TO 2.43 FEET?" VICE CHAIRMAN TAYLOR SAID, "I HAVE NO PROBLEM WITH THAT." SECONDED BY BOARD MEMBER CAS MAN. DISCUSSION. VOTE: VICE CHAIRMAN TAYLOR: AYE BOARD MEMBER COLLINS: AYE BOARD MEMBER CASMAN: AYE CHAIRMAN WATERS: NAY MOTION CARRIED. Chairman Waters asked, "Does this go to the 'P and Z' [Planning And Zoning] Board?" Mr. Baker said, "This and the next case will both go to the April 18th [2005] Planning And Zoning Board and I'm shooting for the April 25th [2005] City Commission and I will be sending out letters to the abutters ifthere is a change when it goes to Commission." Chairman Waters called a recess at 8:50 p.m. The Meeting was called back to order at 8:58 p.m. CITY OF WINTER SPRINGS, FLORIDA MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - APRIL 7, 2005 PAGE50F6 PUBLIC HEARINGS 401. Community Development Department Recommends The BOA (Board Of Adjustment) Hear The Request For A Waiver From Section 6-86. Of The City Code Of Ordinances, To Allow An Addition To An Existing Residence At 688 Saranac Drive, Tuscawilla Unit 14A, Lot 104. Mr. Baker introduced this Agenda Item. Mr. Baker said, "We [Staff] recommend approval." Mr. Baker added, "The Applicant is here. They have a letter - that they just gave me to pass out, that I would like to enter into the 'Record' it is from one ofthe abutters stating they have absolutely no objections to the 'Waiver Request' and I would like to provide that to the Chairman and to the City Clerk's Office. " Chairman Waters opened the "Public Input" portion of this Agenda Item. Mr. Steve Gruse, 688 Saranac Drive, Winter Springs, Florida: addressed the Board regarding building an addition to his home. Chairman Waters closed the "Public Input" portion of this Agenda Item. Discussion. "I MAKE A MOTION WE APPROVE THE SETBACK 'WAIVER' REQUEST AT THIS TIME." MOTION BY VICE CHAIRMAN TAYLOR. SECONDED BY BOARD MEMBER CASMAN. DISCUSSION. VOTE: BOARD MEMBER COLLINS: AYE BOARDMEMBERCASMAN: AYE CHAIRMAN WATERS: AYE VICE CHAIRMAN TAYLOR: AYE MOTION CARRIED. Discussion. 600. REPORTS No Reports. CITY OF WINTER SPRINGS, FLORIDA MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - APRIL 7,2005 PAGE60F6 FUTURE AGENDA ITEMS None. ADJOURNMENT "I MAKE A MOTION TO ADJOURN." MOTION BY VICE CHAIRMAN TAYLOR. SECONDED BY BOARD MEMBER COLLINS. DISCUSSION. WITH CONSENSUS OF THE BOARD THE MOTION WAS APPROVED. MOTION CARRIED. Chairman Waters adjourned the Meeting at approximately 9:13 p.m. RESPECTFULLY SUBMITTED BY: i/ J\N L. BROWN PUTY CITY CLERK APPROVED: 4/~ (?~ , THOMAS WATERS, CHAIRMAN BOARD OF ADJUSTMENT NOTE: These Minutes were approved at the May 5, 2005 Board Of Adjustment Regular Meeting.