HomeMy WebLinkAbout1999 02 08 Regular Item A
COMMISSION AGENDA
ITEM A
Consent
Information
Public Hearin
Re ular
xx
February 8. 1999
Meeting
MGR. /~fDe'(f' _.
REQUEST: Community Development Department, Land Development Division, presents to
the Commission the recommendation of the Board of Adjustment as it relates to
the request of William W. Fernandez to have a fence greater than four (4) feet in
height forward of the building line. The fence, at its highest point, is about six (6)
feet in height.
PURPOSE: The purpose of this agenda item is to consider a request by William W. Fernandez
for a variance to City Code which would allow a fence greater than four (4) feet in
height forward of the building line. The property is located at 250 East Panama
Road (Lot 4, Block "E", North Orlando Ranches Sec. 1, Page 3, Plat Book 12,
Public Records of Seminole County, Florida)/
APPLICABLE CODE:
Sec. 6-190. Height limitations generally.
All walls or fences hereafter located, erected, constructed, reconstructed, or
altered outside of the established building line shall adhere to the following heights:
If front of the front building line, no more than four (4) feet in height; if to the rear
of the front building line, provided the provisions of section 6-191 are met for
corner lots, no more than eight (8)
feet in height.
Sec. 20-82. Duties and powers, general.
The board of adjustment shall make recommendations to the city commission to
grant any variance or special exception as delineated in this chapter.
(1) The board of adjustment shall have the additional following specific powers
and duties:
February 8, 1999
REGULAR AGENDA ITEM A
Page 2
a.
b.
c. To recommend upon appeal such variance from the terms of this
chapter as will not be contrary to the public interest where, owing to
special conditions, a literal enforcement of the provisions of this chapter
will result in unnecessary and undue hardship. In order to recommend
any variance from the terms of this chapter, the board of adjustment must
and shall find:
1. That special conditions and circumstances exist which are
peculiar to the land, structure or building involved and which are
not applicable to other lands, structures or buildings in the same
zoning district;
2. That the special conditions and circumstances do not result
from the actions of the applicant;
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;
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;
5. That the variance granted is the minimum variance that will
make possible the reasonable use of the land, building or structure.
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 otherwise detrimental to the public welfare.
d.
(2) In recommending the granting of any variance, the board of adjustment may
recommend appropriate conditions and safeguards. Violations of such conditions
February 8, 1999
REGULAR AGENDA ITEM A
Page 3
and safeguards, when made a part of the teIl1).s under which the variance is
granted, shall be deemed a violation of this chapter. The board of adjustment may
recommend a reasonable time limit within which the action for which the variance
is required shall be begun or completed, or both.
(3 ) Under no circumstances shall the board of adjustment recommend the granting
of a variance to permit a use not generally or by special exception permitted in the
zoning district involved, or any use expressly or by implication prohibited by the
terms of this chapter in the zoning district. No nonconforming use of neighboring
lands, structures or buildings in the same zoning classification or districts shall be
considered grounds for the authorization of a variance.
(4)
(5)
Sec. 20-83. Procedures.
(a) Upon receipt, in proper form and with appropriate fees, an application for a
variance, special exception or conditional use as delineated in this chapter, the
board of adjustment shall schedule such application for consideration at a public
meeting.
(b) All such applications will be processed within sixty (60) days of receipt of
same.
( c) All meetings for consideration of a variance, special exception or conditional
use shall be noticed for at least seven (7) days prior to the date of the meeting in
the following manner:
(1) Posting the affected property with a notice of the meeting which
indicates the matter to be considered.
(2) Posting in city hall a notice of the meeting which indicates the
property affected and the matter to be discussed.
(3) At least seven (7) days prior to the meeting, the board of adjustment
shall also notifY all owners of property adjacent to or within one hundred
fifty (150) feet of the property to be affected of the time, date and place of
February 8, 1999
REGULAR AGENDA ITEM A
Page 4
the meeting. Such letter must also indicate the variance, special exception,
or conditional use requested, and must require proof of delivery.
(d) All interested persons shall be entitled to be heard at such meetings or to be
heard by written statement submitted at or prior to such meeting.
( e) In the event a special exception, variance or conditional use is not authorized
by ordinances of the city, the person requesting the unauthorized action must
submit an application pursuant to section 20-28.
(f) Appeals to the board of adjustment may be taken by any person aggrieved or
by an officer, board or bureau of the city affected by any decision of an
administrative official under the zoning regulations. Such appeal shall be taken
within thirty (30) days after such decision is made by filing with the officer from
whom the appeal is taken and with the board of adjustment, a notice of appeal
specifYing the grounds thereof. The appeal shall be in such form as prescribed by
the rules of the board. The administrative official from whom the appeal is taken
shall, upon notification of the filing of the appeal, forthwith transmit to the board
of adjustment all the documents, plans, papers or other material constituting the
record upon which the action appealed from was taken.
(g) The board of adjustment shall fix a reasonable time for the hearing of the
appeal, give public notice thereof, as well as due notice to the parties in interest,
and make recommendations to the city commission for the appeal within a
reasonable time. Upon the hearing, any party may appear in person or by agent or
by attorney. For procedural purposes, an application for a special exception shall
be handled by the board of adjustment the same as for appeals.
(h) Any variance, special exception or conditional use which may be granted by
the council shall expire six (6) months after the effective date of such action by
the city commission, unless a building permit based upon and incorporating the
variance, special exception or conditional use is obtained within the aforesaid six-
month period. However, the city commission may renew such variance, special
exception or conditional use for one (1) additional period of six (6) months,
provided good cause is shown and the application for extension shall be filed with
the board at least thirty (30) days prior to the expiration of the six-month period.
Any renewal may be granted without public hearing, however, a reapplication fee
may be charged in an amount not to exceed the amount of the original application
fee. It is intended that provisions contained within this subsection are to be
February 8, 1999
REGULAR AGENDA ITEM A
Page 5
retroactive to the extent that any variance, special exception or conditional use
previously granted shall become void if a period oftime in excess of twelve (12)
months shall have lapsed, and a building permit based upon and incorporating the
variances, special exceptions or conditional uses has not been issued prior to
expiration of such time limit.
CHRONOLOGY:
October 21, 1998 - Building Inspector Michael Scheraldi observed the fence
being erected without a permit and advised Me
Fernandez that a permit was required
October 21, 1998 - Applicant applied for a fence permit
October 21, 1998 - Land Development Division approved plot plan as
submitted
October 22, 1998 - Building Division issued fence permit
November 12, 1998 - Certified Letter mailed to William Fernandez advising of
Code Violation
November 13,1998 - CeI1ified Letter picked up by letter carrier
November 30, 1998 - William Fernandez received Certified Letter
December 7, 1998 - Variance application received by City
January 7, 1998 - Board of Adjustment Meeting
FINDINGS:
1) Similar variances were granted for 250 Tradewinds Road (August 1985),
355 East Bahama Road (October 1986), 840 Dyson Drive (December 1988),
and 680 Fisher Road (January 1990). Please refer to Section 20-82(3) of the
Code.
February 8, 1999
REGULAR AGENDA ITEM A
Page 6
2) The permit application stated that the work description was to replace existing
fence. The plot plan submitted identified the fence to be replaced as a 4' foot
wood and wire fences meander property and in disrepair. As the height of the
fence was not listed, it was assumed that it would be no greater than the existing
fence and the permit was issued.
3) Michael 1. Scheraldi, City Building Inspector, noted the violation of the fence
height on November 12, 1998. A certified letter was authored on the same date
and posted on November 13, 1998.
4) William Fernandez stated at the Board of Adjustment Meeting of January 7,
1999 that he did not receive the certified letter until November 30, 1998. There
was question on why the delay between posting and receipt of the certified letter.
Mr. Fernandez stated that there was always someone present at his residence and
could not explain why the certified letter was not received until November 30,
1998. A check with the U.S. Post Office revealed that they have no permanent
record of attempts made to deliver the certified letter.
5) The requirements listed under Section 20-82(1 )( c) have not been met.
6) The requirements of Section 20-83( c) were met and are not required for
Commission action.
7) The Staff recommendation was that the application be forwarded to the
Commission with the Board of Adjustment recommendation that the variance
request be denied.
8) Because the Board of Adjustment meets on an as needed basis, the approval
of the minutes was conducted by mail.
RECOMMENDA TION:
The Board of Adjustment recommended that the variance request be favorably
forwarded to the Commission for their action. The vote was four (4) in favor and
one (1) against.
Staff again recommends that this variance request be denied because the
requirements listed under Section 20-82( 1)( c) have not been met.
February 8, 1999
REGULAR AGENDA ITEM A
Page 7
ATTACHMENTS:
December 13, 1993 - Property Plot Plan
October 21, 1998 - Permit Application to replace existing fence
October 22, 1998 - Fence Permit
November 12, 1998 - Building Inspector Letter to William Fernandez
January 7, 1999 - William W. Fernandez and Linda 1. Fernandez, Trustees
correspondence
January 7, 1999 - Board of Adjustment Meeting Minutes
January 29, 1999 - Memo from Building Official
- Variance Application
- Adjacent Neighbors Consent to Fence Height Variance
- US Postal Service Receipt for Certified Mail and
Domestic Return Receipt
COMMISSION ACTION:
.. cJ::; u t:: .. IV Or; !tCf/1:!-fJ A ;:::0oi(~:
lEGAL DESCRIPTION: LCYr 4, BLOQ( "E,,~~lq~fWl!iIf1~f4 INJ1~'J ~
TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 12,' PAGE 3, ALL IN ION
2, TO~SHIP 21. SOUTH, RANGE 30 EAST, OF THE PUBLIC RECORDS OF SEMINOLE COUNTY
FLORIDA. '
THE ABOVE REFERENCED PROPERTY IS LOCATED IN ZONE "C", AREA OF MINIMAL FLOODING
AS PER F.r.R.M. COMMUNITY PANEL NUMBER 120295 0005 C, CrTY OF WINTER SPRINGS,
SEMI NOLE COUNTY, FLOR I DA. MAP DATED JANUARY 15, 1982.
BAHAMA ROAD
CERTIFIED TO: WILLIAM W. FERNANDEZ, ESQUIRE
ATrORNEYS I TITLE I NSURANCE FUND, I NC.
FIRSTATE FINANCIAL, F.A.
WILLIAM W. & LINDA J. FERNANDEZ
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250 PANAMA ROAD
L C 0, I.R. - IR~ ROO I.P.. IR~ PIPE
NOTts: (1). eEARINCS ARt eAf..o ON RECORO PLAT. (2). niE SURVE:Y SHO~ HtRE~ WAS SURVE:YrO ey niE lLCAl OtSCRIPT1~ PROVlOEO ey nit evtNT.
(3). ROOf OY!:RHANCS ANO rOOTERS HAY!: NOT eEEN lOCA Tl:0. (~). NO Il,/PROY!:IlENTS OR UNOERGROUNO UT1UT1ES HAVE: eEEN lOCATI:O EXCEPT AS SHO\\H.
(3). nilS SURvtY IS NOT VAUO 'MniOUT tMeOSStO SEAL. (0). nilS SVRvtY IS NOT VAliD rOR ANY REAL ESTAT!: lRANSACT1~S gO OAYS eEYONO nit rlNAL
SUR\otY OATI: SHOWN. (7). niE SURvtYOR HAS NOT A8SlRACT!:O niE lANOS HERE~ FOR EASDJENTS OR RICHTS-Of'-WAY Of' RECORO. (&). niERE fJAY Be AOOlnONAl.
RESTRlcnONS niAT ARE NOT RECOROEO ON nilS PLAT niAT MAY eE FOJNO IN niE PV~LIC RcCOROS or nilS COUNTY.
PREPAREO FOO:
WILLIAM W. & LINDA J. FERNANDEZ
lOT S1JRvtY OA m
rOJNOA nON OA Tt:
PREPARED eY,
P.O. BOX J1&2 , /oPC('KA, flA. J270J I (407) 8BO-i0I1 I 1485 S.O.B.T.
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CHARLES ROB DEFOOR & ASSOCIATES, INC.
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lJUIUJINC: UUJAI (I ML::N.i"
1 2G EAST ST^Tr:1iOAD 434. WINTER SPRINGS. FLORIDA 3270P
TEL ON - ,07) 327-1ll0Q
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e.L.:A~...!Lf,f.:2::. TE~10NE: (i,1f))~.z /'7 - wI 7/0
MAILlNGADDRESS 2Fo i?-'<~4'v'4~d: c;~ ~Pf<'W74 {7??afl-5J0
FEE SIMPLE TITLE HOLDERS NAME: 1.J I /1'4 A-.. c(,;(,. A /<.J;, ~ ~~ / ~'Ll~
f:~
~...... ............. .... ..................... .............................. ....... ................... ........... ............. ........
CONSTRUCTION ADDRESS: 5A- ....(J.
LEGAL DESCRIPllON: LOT: ~ BLOCK: c- SUBDIVISION:
OWNER-S NAME:
MAILING ADDRESS:
IJ;' 6/!~~4&
PARCEll ZONING, P r?-~ ' " '
WORK DESCRlf'nON, f<."Y' ti"" f{ p~ k C-k' '-/-': l !JJ ()O c/o/' ()J rA2.-)'
LMNG AREk f<.Jl ?>' Fr. GARAGEI~ AREk Iv::/! <' sa. Fr. PORCWf'NTRY>M " .:;a, Fr/!R4~
ESTIMATED VALUE OF WORK TO BE DONE: $ 2,O()O MODEL: ....
.......................................,..................*.........~.....................
to 1A..r- )./ PI<
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CONTRACTOR:
TELEPHONE: (
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ADDRESS:
UCENSE' .
-EXPIRES: .
I
WORKMAN'S COMP EXPIRES;
BONDING COMPANY:
ADDRESS:
ARCHITECT/ENGINEER:
ADDRESS:
O r,^. -/ ~/.
"- ' tS3R
MORTGAGE LENDER:
...
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ADDRESS:
. .. .. .. .. .. .. .. .. .. .. .. .. . .... .. III .. III. .. oil III oil .. . oil oil .. oil oil .. . oil oil . ... . ... ... .. .. . . ... ...... . . oil ... . . .... . .. ... .. ... . .. ... ... .. . .. . ... . ... .. . . . .. .... . . .. . .. .. . ,
ARBOR PERMIT ,
SEPllC PERMIT'
................ _..... _.. 011................................................................................... ..................,
PlE4SE RE40 TlIE FOllOWING AND SIGN WHERE APPUC48LE.
EVERY APPUC4 nON MUST HA /IE NOTARIZED SIGNA TURE5.
WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY REsuLT IN YOUR PAYING
TWICE FOR IMPROVEMENTS TO YOUR PROPERlY. IF YOU INTEND TO OBTAIN ANANaNG, CONSULTWITli YOUR
LENDER OR AN ATIORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT.
SIGNAl1JRE
NOTARY AS TO OW
(;()MI.1ISSION ,
STATE OF FLORIDA COU
~'( COMMISSION EXPIHES
(SEAL)
,"'~\'\. Mary T Lynch
~~ ~My CommiSslon CCn~13(J
'.~ ...,,1' Expires Soptombcr 10, 2002
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Di~TF: lO:22:9f) 'flY OF. l.JJf-.JTEF.: SprUNGS pr::Rf1Il II ':,)8:0176')
L126 E. STATE ROAD 434
WINTER SPRINGS FL. 32708
OFFICE PHONE (j.O?<';~/'.~,-:)f<~ INSPECTION LINE 407--327-7~:;9r:,
FENCE PEf~M I T
SITE ADDRESS: 250 E PANAMA PO
SUBDIVISION: NORTH ORLANDO RANCHES
LOT # 4
PARCEL fj
OWNER: FERNANDEZ, WILLIAM
OWNER ADDRESS: 250 E PANAMA PD
CITY: WINTER SPRINGS
PHONE # 407-699-5978
STATE: FL ZIP CODE 32708
WORK DESCRIPTION:REPLACE EXISTING FENCE (4' WOOD & WIRE FENCE)
VALUE OF WORK: 2000.00
CONTRACTOR: NEVILLE, MICHAEL
ADDRESS: 421 GREEN SPRING CR
CITY: WINTER SPRINGS STATE: FL
LIC. # STATEMENT OF
PHONE # 407-327-4073
ZIP CODE: 32708
F:Ef:=:S DUE:
T()T(~L FEE::;:'.: ;~~~=" oJO
FEES PAID: 25.00
********************************* NOTICE ********************************
THIS .PERMIT BECOME:S j\IUL..L Icer",) \!CllD IF' f..JOI~K IS NOT COMMENCED f..JJTHIN TWO
MONTHS,OR IF WORK IS SUSPENDED OR ABANDONED FOR A PERIOD OF SIX MONTHS
ONCE WORK IS STARTED. PERMIT EXPIRES ONE YEAR FROM DATE OF ISSUANCE.
***************************~*********************************************
I HEREBY CERTIFY THAT [ HAVE READ AND EXAMINED THIS DOCUMENT AND ~NOW
,::: .,;.,/'1: 11.1 :;: ..' :'I<OVISIONS OF. LAWS AND Of~DINANCES
COMPLIED WITH f..JHFTI-fER SpeCIFIED
DOES NOT PRESUME TO GIVE AUTHORITY
OF ANY STATE OR LOCAL LAW REGULAT-
OF CON~3 TF<UC T I ON ,
.-&.: __Z~: __21!
FERNP.NDEZ, WILLIAM
B~J-BurLOING PERMITS
[0-23-[998/05:36 PM
RCPT#::Ol-397BO
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CITY OF WINTER SPRINGS FLORIOA~"""^ -~12-97
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1126 EAST STATE ROAD 434
WINTER SPRINGS. FLORIDA 32708-2799
Telephone (407) 327-1800
[-
STATEMENT OF FACr-- -
t.,.. _ ~.' .
J
STATE LAW REQUIRES CONSTRUCT/ON BE DONE BY LICENSED
CONTRACTORS. YOU HA VE APPLIED FOR A PERMIT UNDER AN EXEMPT/ON
TO THAT LAW. THE EXEMPT/ON ALLOWS YOU, As THE OWNER OF YOUR
PROPERTY, TO ACT AS YOUR OWN CONTRACTOR EVEN THOUGH YGU DO .
NOT HA VE A LICENSE. YOU MUST SUPER VISE THE CONSTRUCT/ON
YOURSELF. YOU MA Y BUILD OR IMPROVE A ONE-FAMIL Y OR TWO-FAMIL Y
RESIDENCE OR A FARM 0 UTB UILD ING. YOU MA_Y.AJ,_S.lLBUILD OR IMPROVE
A COMMERCIAL BUILDING' A T A COs..tcrr'sn:OOO OR LESS. THE BUILDING
MUST BE FOR YOUR OWN USE AND OCCUPANCY. IT MAY NOT BE BUILT FOR
SALE OR LEASE. IF YOU SELL OR LEASE A BUILDING YOU HA VE BUlL T
YOURSELF WITHIN ONE (I) YEAR AFTER THE CONSTRUCT/ON IS COMPLETE,
THE LA W WILL PRESUME THAT YOU BUILT IT FOR SALE OR LEASE, WHICH
IS A VIOLA T/ON OF THIS EXEMPT/ON. YOU MA Y NOT HIRE AN UNLICENSED
PERSON AS YOUR CONTRACTOR. IT IS YOUR RESPONSIBILIT\y TO MAKE
SURE THAT PEOPLE EMPLO YEn. BY YOU HA VE LICENSES REQUIRED By
STATE LAW AND By COUNTY OR MUNICIPAL LICENSING ORDINANCES. ANY
PERSON WORKING ON YOUR BUILDING WHO IS NOT LICENSED. MUST WORK
UNDER YOUR SUPERVISION AND MUST BE EMPLOYED BY YOU, WHICH
MEANS THAT. YOU MUST DEDUCT F.l.C.A. AND WITHHOLDING TAX AND
PROVIDE WORKERS' COMPENSAT/ON FOR THAT EMPLOYEE, ALL AS
PRESCRIBED BY LA W. YOUR CONSTRUCT/ON MUST COMPL Y WITH ALL
APPLICABLE LA WS, ORDINANCES, BUILDING CODES, AND ZONING
REGULATIONS.
I HA VE READ AND FULLY UNDERSTAND THE PROVISIONS OF THISlNSTRUMENT
\
COMMISSION NUMBER AND EXPIRA TrON (
ST ^ TE OF FLORIDA COUNTY OF _ /<:J-(.) //j1l~/lrfJ--0
OWNER's NAME
THE FOREGOING INSTRUMENT WAS
THIS;JjSJ:{)J- 98 BY
iOn 0
r...,t...:!U
NOTARY AS TO OWNER
City of Wmter Springs
Building Departmem
1126 E~st S.ft 434
Winter Spring" FI. 32708
~
November 12, 1998
Certified Mail Z 368 696 818
Mr. WiHiam Fernandez
250 East Panama Rd.
Winter Springs, A. 32708
Dear Sir :
V\Ihile passing your residence today, I noticed that the fence you have recently pelT11itted and installed
is in violation of city ordinance Sec.6-190, fence height limitations. AU fences located In front of the
building line can be no higher than 4 ft. I reviewed your application and it gives the Impression that you
are replacing a 4 ft. wood and wire fence, I believe this is why it passed plans review and was
pennitted.
I know this notification before your final Inspection will save you a rejection I can only hope that it will be
in time to lessen any inconvenience caused by having to rectify this violation. Thank you fO( your
attention to this matter and I hope we can resolve it before it goes to code enforcement.
~jL
Michael J. Scheraldi
Building Inspector
MINUTES
BOARD OF ADJUSTMENTS
JANUARY 7,1999 - REGULAR MEETING
I. CALL TO ORDER
. Pledge Of Allegiance
The Board of Adjustments meeting was called to order Thursday, January 7, 1999 at 7:02
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
Greg Smith, Chairman, present
Elizabeth (Harrow) Randall, Vice Chairperson, present
Frank Adams, present
Fred Kaltenbach, present
Thomas Waters, present
Also Present
Charles C. Carrington, AICP, Community Development Director
Don LeBlanc, Land Development Coordinator
II. REGULAR AGENDA
A. A request by William W. Fernandez for a variance to City Code which
would allow a fence greater than four (4) feet in height forward of the
building line. The property is located at 250 East Panama Road (Lot 4,
Block "E", North Orlando Ranches Sec. 1, Page 3, Plat Book 12).
Prior to discussion on this case, Mr. Don LeBlanc, Land Development Coordinator
advised the Board that Mr. William W. Fernandez had commented about Note 4,
(Findings) on Page 5 of the submitted Agenda packet - that the reference to "Section 20-
82(3)" should be deleted from Note 4, (Findings). However, the following phrase -
"Section 20-82(3)" should be added to the end of Note 1, also on Page 5.
Some of the details and documentation relating to this request for a vanance were
explained to the Board, and there was brief discussion.
Mr. William W. Fernandez next addressed the Board, and introduced his wife Linda,
along with other persons who were in attendance at this meeting.
Referring to a survey, Mr. Fernandez outlined some of the physical characteristics of his
property. He also spoke of the significant investment in animals that he has made, and
the protection that he wants to afford these animals. Mr. Fernandez then discussed the
(
(
MINUTES
BOARD OF ADJUSTMENTS
JANUARY 7,1999 - REGULAR MEETING
PAGE 2 OF 3
design process of his fence; how he obtained a building permit; and his knowledge of
inspections (pertaining to his fence). Mr. Fernandez also showed the Board several
photographs of his fence at various locations.
Mr. Fernandez then presented a number of photographs of fences (varying in height from
4 feet to 6 feet and greater) located on properties along Bahama Road, Panama Road,
Shore Road, and Trade Winds Road. Mr. Fernandez documented how he had calculated
the height of these "fences", based on his use of a height measurement guide.
Chairman Greg Smith thanked Mr. Fernandez for the information that he had presented to
the Board. Chairman Smith then asked if Mr. Fernandez had anything else to
communicate to the Board. Mr. Fernandez spoke about the evidence that he had
presented, as it related to "Findings of Fact". There was further discussion.
Chairman Smith asked if anyone in the audience wanted to speak "for" or "against" this
case:
Mr. Carl Stephens, Jr., 700 Fisher Road, Winter Springs, Florida: spoke about the issue
of animals and fences in the Ranchlands. He also said that he thought that this was a nice
fence.
Mr. LeBlanc briefly spoke about the City's recommendation for disapproval of this
request for a variance.
There was further discussion between the Board, Mr. LeBlanc, and Mr. Fernandez
regarding the height of his fence; documentation; the permitting process; Homeowner's
Association requirements; protection of animals; and variances.
Motion: "My Motion is based on the fact that there are no objections present, and
everyone in the area has been notified, that we grant the Variance". (Mr. LeBlanc
clarified - "You can favorably recommend to the City Commission, the granting of
the Variance, or words to that effect"). Chairman Smith asked the Board if the
Motion was understood. Motion by Frank Adams. Seconded by Elizabeth
(Harrow) Randall. Vote: Frank Adams: Aye; Fred Kaltenbach: Aye; Thomas
Waters: Nay; Greg Smith: Aye; Elizabeth (Harrow) Randall: Aye. Motion passed.
III. DISCUSSION OF GENERAL ISSUES
None were discussed.
(
MINUTES
BOARD OF ADJUSTMENTS
JANUARY 7, 1999 - REGULAR MEETING
PAGE 3 OF 3
IV. ADJOURNMENT
Chairman Smith adjourned the meeting at 7:59 p.m.
Minutes respectfully submitted by: Andrea Lorenzo-Luaces, Deputy City Clerk
City of Winter Springs. Florida
DOCSlboards/adjustmelalll/minutes/O 1 0799 .doc
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CITY OF WINTER SPRINGS,
BOARD OF ADJUSTMENT
WINTER SPRINGS, FL
vs.
WILLIAM W. FERNANDEZ and
LINDA J. FERNANDEZ, TRUSTEES
DATED: January 7, 1999
The request of William W. Fernandez and Linda J. Fernandez,
Trustees for a variance to the City Code allowing a fence greater
than four feet (4') in height in front of the forward property
building line came before the Winter Springs Board of Adjustment
wi th a quorum present and after considering the peti tion and
receiving presentations from the City, the applicant(s), and all
those interested, the Board of Adjustment finds and recommends to
the City Commission as follows:
1. That special condi tions and circumstances exist which are
peculiar to the land and structure involved which conditions and
circumstances are not applicable to other lands and structures in
the same zoning district, to wit:
(a) The land varies in height fran one side of the property to the other
as well as fran the front of the property to the back such that to
present a uniform site line required variations in height;
(b) The property is fencing for pasture and requires fencing higher than
4' in order to protect the horses on this property fran the public
in general and to provide pri vacy to the applicants.
2. That the special conditions and circumstances resulted
when the applicant applied for a building permit and it failed to
disclose on its face the height limitation restriction and the City
Building Inspector did not timely notify the applicants so that
corrective action could have been taken in a timely manner;
3. That the granting of the variance requested will not
confer on the applicants any special privilege that is denied by
the City Code to other property owners in the same zoning district,
to wit:
(a) The applicants presented pictures and evidence that the
majori ty. of the properties wi thin the Ranchl ands have
fences which exceed the 4' height limi ts and staff
findings indicate that similar variances have been
granted to other properties within and around the
Ranchlands;
(b) Furthermore, all the neighbors and adjacent property
owners have consented to and agree to the variance and
have no objections to the height of the fence.
(
4. That the literal interpretations of the provisions of the
Code dealing with the fence heights would deprive the applicants
of rights commonly enjoyed by other property owners in the same
zoning district and specifically the applicants adjoining neighbors
and residencea in the Ranchl ands and accordingl y, the literal
interpretation would work an unnecessary hardship on the
applicants;
5. That the variance granted is the minimum grant that will
make possible the reasonable uses of land as a pasture for horses,
to wit: the applicant has indicated that the' minimum fencing
needed to protect his livestock and to afford privacy is as the
fence has been constructed and bui I t wi th this Board accepting
testimony of the applicant that the Bureau of Wild Horses and
Burrows requires a minimum of a six foot (6') wood fence;
6. That granting the variance will be in harmony with the
general intent and purpose of the fencing ordinance and will not
be injurious to the neighborhood where the predominance of the
fences are all above four feet (4') forward of the front building
set back line and that the granting of the variance will not be
detrimental to the public welfare, to wit:
(a) The applicant's property has been classified by the tax
assessor as agricultural and the property has been
consistently used as horse boarding/training since the
residential structure was built on the property;
(b) The property is classified as R-C I, single family
dwell ing, Section 20-142 provides permi t ted uses for
horses and ponies allowing three-fourths of an acre per
animal not to exceed ten (10) animals per lot and the
applicants' survey shows they have 10.28 acres and thus
qual i fi es for the maximum of ten (10) horses on his
property although they currently have only six (6) equine
animals.
BASED ON THE FOREGOING RECOMMENDATIONS AND FINDINGS the Board
of Adjustment recommends the granting of the variance to the
applicants.
DATED at Winter Springs, Seminole County, Florida this 7th,
January, 1999.
ATTESTED TO by Deputy City Clerk.
I Building Division I
I I
Memo
To: Charles Carrington, Community Development Director
From: Don Houck, Building Official
CC:
Date: 01/29/99
Re: 250 E. Panama Road Fence
The following is a chronology of our dealings with Mr. Fernandez regarding the new
fence he erected.
October 21, 1998 - Michael Scheraldi passed by Mr. Fernandez's property and
noticed a new fence being erected without a permit. Michael notified Mr. Fernandez
of the requirement to obtain a permit and Mr. Fernandez obtained the permit that
day.
The application that Mr. Fernandez submitted stated that he was replacing an
existing fence and on his plot plan, he highlighted the approximate location of the
fence to be replaced. The plot plan referred to II 4' wood and wire fences meander
property and in disrepair ". Based on the plot plan and the information on it, Don
LeBlanc approved the fence location.
Mr. Fernandez signed the permit (which. stated that he was replacing a 4' wood &
wire fence) certifying that he had read and examined the document and knew it to be
true and correct and that all provisions of laws and ordinances would be complied
with.
November 12, 1998 - When driving by the property Michael observed that the fence
being erected exceeded the 4' height limitation for fences erected in front of the
building setback. Upon returning to the office, he sent Mr. Fernandez a certified letter
notifying him of the height violation. The letter was delivered to the Post Office
November 13, 1998. Mr. Martinez did not pick up the letter until November 30. He
then called Michael and they discussed the means of obtaining a variance.
Page 1
. /.
/
BOARD OF ADJUSTMENT APPLICATION
CITY OF WINTER SPRINGS
1126 EAST STATE ROAD 434
WINTER SPRINGS, FL .32708-2799
(407)327-1800
x
SPECIAL EXCEPTION
VARIANCE
.CONDITIONAL USE
ADMINISTRATIVE DECISION
FOR:
1. APPLI CANT: WILLIAM W. & LINDA J. FERNANDEZ, TRUSTEFPHo.NE (407) 699-5978
ADDRESS: 250 Panama Road East, Winter Springs, FL 32708-3516
2 PURPOSE OF REQUEST: Front fence is higher than 4 it. allowed by
City Code.
3. ATTACH A COPY OF THE PARCEL SURVEY. (EXHIBIT l)
8 ~ x 14 .
4. ATTACH AN &~~X&~ MAP SHOWING THE SUBJECT PROPERTY AND
SURROUNDING PARCELS. (EXHIBIT 2a; b, c)
S. ATTACH LEGAL DESCRIPTION. (EXHIBIT))..
6. TAX PARCEL IDENTIFICATION NUMBER: 02-21-30-5BI-OEOO-004A
02-2l-30-5BI-OEOO~OOOO and 02-2l-30-5BI-OE01-OOOO
7. LOCATION OF PARCEL (Street Address and/or Nearest Cross
Streets): 250 Panama Road East
. winter Springs, FL
8. PRESENT ZONING: RC-l
FUTURE LAND USE: Residential
By Signing below. I understand that City of Winter Springs Officials
may ~nter upon my property to inspect that portion. as relates to
this application; Front Fence.
(If the applicant is not the owner of the subject property, the
applicant must attach a letter of authorization signed by the
owner)
EZ, TRUSTEES
PERSONS ARE ADVISED THAT, IF THEY DECIDE TO APPEAL ANY DECISIONS
MADE AT THESE MEETINGS/HEARINGS, THEY WILL NEED A.RECORD OF THE
PROCEEDINGS AND FOR SUCH PURPOSE, THEY WILL NEED TO INSURE THAT A
VERBATIM RECORD OF THE PROCEEDINGS IS M~DE, AT THEIR COST, WHICH '
l,,'
INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE.
..'
BASED, PER SECTION 286.0105, FLORIDA STATUTES
SECTION 20-84 - APPEALS FROM DECISIONS OF THE BOARD OF ADJUSTMENT
(1) Any person, or persons, jointly or severally aggrieved by
any decision of the Board of Adjustment may, within thirty (30)
days after the filing of any decision in the office of the Board of
Adjustment, but not thereafter, apply to the City Council for
administrative relief. After a hearing.before the City Council an
aggrieved party may, within thirty (30) days after the decision of
the City Council, file an appeal with a court of competent
jurisdiction over the subject matter.
Approved as to
o
Date:
Coordinator
G/tj/91.
t-. C
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ADJACENT "ErGH~ORB CO~8IHV7._:!~O PENCE aEIGHT V}VU^RC~
We the under~igned ~re the ~~jacent neighbors living within
one hundred fifty (150) tvet 0): 250 Panama Road Ea.:st, Winter
Bp r i n9 ~, po 10 L i d~ p 1; operty . > oHneo. .:-.~r Hi 11 i am and Linda Pe rnandez; .
We are aWare that he hag row:;)tly con3tructed a fence which
excoods the Ci ty' s f out'" (") foot b'-~j. ght 1 imi ts. We do not object
to thi3 fence. We approve of thin ::once. We conSent and a9ree to
the Ci ty issuin9 a va ri ance tot he hei ght requi remen t for any
portion of the fence over four (~) (eet.
!V~OA~AAlI1IM /
RICHARD G AM
260 Panama Road East
Winter Springs, FL 32708
L DP. DUNLE
235 Panama Road East
fJ,m mrlk /
J ')oL HILLeR
~p'n.ma Road E~~ ..
C_~/f(/~.,
CLARENCE HORST
230 Panama Road East
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ELrz TB L. CREGG, TRU E
2.=.: ~dma Road ,ast
p~~~
VERNON C. S
22 B~hama Road Est.
JAMES H. wrLDER, sn.
..23:;. l.1.lQ1/lmA Road East
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8HF;RRI GRAHAM
260 Panama Road East
Hintor Springs, ~L 32708
,?/-~~~
r.11\ YNE DUNLEVY
235 ",pa 'iltlk;;.d E as t
il1K f IlILLU
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~rCHARD D. HILLER ,
~~anama Road East
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GERRY LLER
7.20 Panama Road East
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~)5 Odhama RO<'ld East
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I HtRE3Y CERTIFY lhat this Is Ii
lrue and COrree! copy of Ihs
(O(ogoin Instr e
..f.......,:-.....
~,\l""'\,(. WILLI:';;., .,'.. ITIiNANDEZ
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,BUILDING
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Z 36 8 f.;. 9 6 8.18
us Postal Service
Receipt for Certified Mail
No Insurance Coverage Provided.
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Sent to
MR. WILLIAM FEMANDEZ
Street & Number
250 EAST PANAMA ROAD
Post Office, State, & ZIP Code
WINTER SPGS, FL 32708
Postage $ .32
Certified Fee $1.35
Spedal Delivery Fee
Restricted Delivery Fee
Return Receipt Showing 10
Whom & Date Delivered
Return Receipt Showing to Whom, $1. 10
Date. & Addressee's Address
TOTAL Postage & Fees $ 2.77
Postmar1< or Date
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GI _ Print your name an<taddress on the reverse of this fann 80 thai we retumthis
f! card to you.
~ -Attach this fonn to the front of the mallplece, or on the back If space does not
l!! panni!.
GI -Writa'Retum Receipt Requ8Sted' on lhe mallplece below the article number.
-5 -The Return Receipt will show to whom tha article was delivered and the date
c:: delivered,
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I also wish to receive tl1e
following services (for an
extra fee):
1. 0 Addressee's Address
2. 0 Restricted Delivery
Consult postmaster for fee.
4a. Article Number
Z 368 696 818
MR. WILLIA.."1 FEMANDEZ .. 4b. Service Type
250 EAST PANAMA ROAD ,<-:::'.:.", . .-::..;:-, 0 Registered [X Certified
~HNTER SPRINGS, FL 3'f.z48 NDV '-::\Q Express Mall 0 Insured
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-~ 1998. ~~ 5' Date of Delivery
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and fee Is paid)
3. Article Addressed to:
5. Received By: (Print Name)
595-97-8-0179 Domestic Return Receipt
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