HomeMy WebLinkAbout2009 01 12 Public Hearing 501 Request for Waiver 510 Moss RoadCITY COMMISSION
ITEM 501
January 12, 2009
Meeting
AGENDA
CONSENT
INFORMATIONAL
PUBLIC HEARING X
REGULAR
/ ?
Mgr De rtment
REQUEST: The Community Development Department recommends the City Commission
hear the request for a waiver from the 20 foot side yard setback set forth in Section 20-146 of
the City Code, pursuant to the waiver criteria and procedure detailed in Section 20-34, to allow
an open garage structure to be constructed at 510 Moss Road, within 10 feet of the side lot line.
PURPOSE: The purpose of this agenda item is to consider a waiver request by Walter
Stephens from the 20 foot minimum side yard building setback along the southern property
line in order that an open garage structure can be built on an existing slab.
FUTURE LAND USE & ZONING DESIGNATION:
Future Land Use Designation: Rural Residential
Zoning District:
APPLICABLE CODE:
Chapter 163, FS
Comprehensive Plan
Chapter 6 of the City Code
Chapter 9 of City Code
Chapter 20 of City Code
R-C 1 Single Family Dwelling District
CHRONOLOGY:
November 12, 2008 -The City received application package from Walter Stephens for a
waiver on the side setback.
December 4, 2008 -The BOA met without a quorum; voted to meet on December 18, 2008.
December 18, 2008 -BOA met and recommended unanimously that the waiver be approved.
CONSIDERATIONS: The applicant is seeking a waiver to the side setback in order that he
can use an existing slab to building an open garage to park his recreational vehicle (RV). The
existing slab is located in an area covered by trees and its use for the open garage would allow
the structure to be installed without the need to take down any trees. If the structure were to be
January 12, 2009
Public Hearing Item 501
Page 2 of 3
moved the additional 10 feet into the property, it would be more visible from the street, it
would require additional trees to be removed, and would render the existing slab useless. The
abutting property owners to the south would be the most affected by the granting of this
waiver. They have submitted a letter stating that they have no objection to the waiver. The
proposed garage would be approximately 600 square feet in size. This is below the allowable
area for a detached garage on this site. The principle structure is 1,957 square feet, allowing a
detached garage of up to 653 square feet. The structure size will be confirmed at the time of
the building permit should the waiver be approved.
FINDINGS:
The 6 waiver criteria set forth in Subsection 20-34 (d) are as follows:
1) The proposed development plan is in substantial compliance with this chapter and in
compliance with the comprehensive plan.
Staff fmds no conflicts with the comprehensive plan and no conflict with other parts
of the zoning code (Chapter 20).
2) The proposed development plan will significantly enhance the real property.
Staff believes the plan meets this criterion by providing for the use of an existing slab
and negating the need to take down any trees while allowing the garage to be located
underneath an existing tree canopy, buffered from the adjoining roadways.
3) The proposed development plan serves the public health, safety, and welfare.
Staff believes the plan does meet this criterion, since use of the existing slab will allow
for the greatest degree of buffering of the proposed garage from the roadways.
4) The waiver will not diminish property values in or alter the essential character of the
surrounding neighborhood.
Staff believes the waiver will not diminish property values and will not alter the
essential character of the surrounding neighborhood in a negative manner. The
closest property owner to the proposed garage location has stated that they have no
objections to the waiver.
5) The waiver granted is the minimum waiver that will eliminate or reduce the illogical,
impractical, or patently unreasonable result caused by the applicable term or condition
under this chapter
Staff believes the waiver request is the minimum request that allows for the garage to
be located in an area that is already cleared, has a slab, and is buffered from the
roadways by exiting tree canopy and vegetation.
6) The proposed development plan is compatible with the surrounding neighborhood.
January 12, 2009
Public Hearing Item 501
Page 3 of 3
Staff believes the proposed building setback and development plan is compatible with
the surrounding neighborhood.
BOA ACTION: At a special meeting on December 18, 2008, the BOA unanimously
voted to recommended that the Commission approve the waiver request.
RECOMMENDATION: The BOA and staff recommend approval of the setback waiver
request since we believe it does meet all of the 6 criteria for this site.
ATTACHMENTS:
A -Application package
B -Site Survey
C -Letter from Neighbor at 520 S. Moss Road
D -Draft BOA minutes
BOA ACTION:
ATTACHMENT A
CITY OF WINTER SPRINGS
COMMUNITY DEVELOPMENT DEPARTMENT
1126 STATE ROAD 434
WINTER SPRINGS, FL 32708
407-327-5966
FAX:407-327-6695
Waiver
Stephens Walter W
510 So. Moss Rd
Winter Springs FL 32708
(407) 619-3633
Bo.stephens@yahoo.com
510 s. moss road
03-21-30-5bj-0b00-0010
1.2 acres
residential
rural residential
R-c1
side setback variance from 20' to 10' to build cover over existing slab for rv storage
The APPLICANT IS RESPONSIBLE for posting the blue notice card (provided by the City) on the site at
least SEVEN (7) DAYS prior to the Board of Adjustment Meeting at which the matter will be considered.
Said notice shall NOT be posted within the City right-of--way. All APPLICANTS shall be afforded minimal
due process as required by law, including the right to receive notice, be heard, present evidence, cross-
examine witnesses, and be represented by a duly authorized representative.
The CITY COMMISSION shall render all final decisions regarding variances, conditional uses and waivers
and may impose reasonable conditions on any approved variance, conditional use or waiver to the extent
deemed necessary and relevant to ensure compliance with applicable criteria and other applicable
provisions of the City Code and Comprehensive Plan. All formal decisions shall be based on competent
substantial evidence and the applicable criteria as set forth in Chapter 20, Zoning. APPLICANTS are
advised that if, they decide to appeal any decisions made at the meetings or hearings with respect to any
matter considered at the meetings or hearings, they will need a record of the proceedings and, for such
purposes, they will need to insure that a verbatim record of the proceedings is made, at their cost, which
includes the testimony and evidence upon which the appeal is to be based, per 286.0105, Florida Statutes.
Any CONDITIONAL USE, VARIANCE, or WAIVER which may be granted by the City Commission shall
expire two (2) years after the effective date of such approval by the City Commission, unless a building
permit based upon and incorporating the conditional use, variance, or waiver is issued by the City within
said time period. Upon written request of the property owner, the City Commission may extend the
expiration date, without public hearing, an additional six (6) months, provided the property owner
demonstrates good cause for the extension In addition, if the aforementioned building permit is timely
issued, and the building permit subsequently expires and the subject development project is abandoned or
discontinued for a period of six months, the conditional use, variance or waiver shall be deemed expired
and null and void. (Code of Ordinances, Section 20-36.)
THE FOLLOWING ITEMS ARE TO BE SUPPLIED WITH THIS APPLICATION:
C~ A copy of the most recent SURVEY of the subject property.
I~A copy of the LEGAL DESCRIPTION reflecting the property boundaries.
~J11 x 17 MAP showing ADJACENT STREETS and ZONING AND LAND USE classifications
on the ADJACENT PROPERTY.
[JUSTIFICATION for the Request (See Attached List)
NAMES and ADDRESSES of each property owner within 150 ft. of each property line.
C~' Notarized AUTHORIZATION of the Owner,
IF the Applicant is other than the Owner or Attorney for the Owner (see below).
I~APPLICATION FEES:
FEES are as SHOWN BELOW plus ACTUAL COSTS incurred for ADVERTISING or NOTIFICATION,
and for REIMBURSEMENT for TECHNICAL and/or PROFESSIONAL SERVICES which may be
required in connection with the review, inspection or approval of any development (based on accounting
submitted by the City's Consultant) ,payable prior to approval of the pertinent stage of development.
CONDITIONAL USE /SPECIAL EXCEPTION $ 500
WAIVER $ 500
VARIANCE $ 500
TOTAL DUE
~d "
2
Mazch 2005
By submitting this application you hereby grant temporary right of entry for city officials to enter upon the subject
property for purposes of evaluating this application.
FOR USE WHEN APPLICANT IS OWNER OF THE SUBJECT REAL PROPERTY:
This is to certify that I am the Owner in fee simple of subject lands described within this Application for
Board of Adjustment consj,~ration: ~
Sig
Sworn to and subscribed before me this
Personally Known
Produced Identification:
(Type) ~ OL
Did take an Oath
Did Not take and Oath
Noti# Pu lic
Michelle M. Sto. Domingo
Comm#DD0831147
Expries 10/15/2012
Florida Notary Assn., Inc.
FOR USE WHEN APPLICANT IS NOT OWNER OF THE SUBJECT REAL PROPERTY:
do hereby, with my notarized signature, allow
to represent me in this Application related to my property. The
property is identified as: Tax Parcel Number(s)
Located at
Signature of Owner(s)
Sworn to and subscribed before me this
day of 20 Notary Public
My Commission expires:
Personally Known
Produced ID:(Type)_
Did take an Oath
Did Not take and Oath
na~~t, zoos
WAIVER REQUEST
A waiver request requires the property owner to clearly demonstrate that the
applicable term or condition (the subject of the waiver request) clearly creates an
illogical, impossible, impractical, or patently unreasonable result [winter springs
Code of Ordinances, section 20-3a (a)]. Please explain how your request meets this
requirement (use a separate sheet if necessary).
If waiver is denied, I would have to abadon a 20'x32'x9 1/2" concrete slab completley
concealed by trees (and without cutting down any trees) and then relocate to rear
of propoerty where it would be viewed by all my neighbors and i would
need to cut down several trees. i would prefer not to cut down trees
In addition to the standard set forth in Section 20-34 (a), a waiver requires
compliance with all six (6) criteria enumerated in the Winter springs code of
Ordinances, Section 20-34 (d).
Address each of the following conditions related to the variance request. Attach
additional paper as necessary:
^ What is the Waiver you are requesting? i am requesting a waiver to
allow me to build a garage for my motorhome on an existing concrete slab
which is 10' from side property line. my adjouning neighbor does not object.
^ Is the proposed development plan in substantial compliance with Chapter 20
of the City's Code of Ordinances and in compliance with the Comprehensive
Plan? yes, except for the setback
^ Will the proposed development plan significantly enhance the real property?
it will enhance it somewhat - maybe not significantly
^ Will the proposed development plan serve the public health, safety, and
welfare of the City of Winter Springs ?
yes, my motor home will be out of view
CONTINUED ON NEXT PAGE
4
march 2005
^ Will the waiver diminish property values in or alter the essential character of
the surrounding neighborhood?
no, this waiver will not affect property values
^ Is the waiver request the minimum waiver that will eliminate or reduce the
illogical, impossible, impractical, or patently unreasonable result caused by the
applicable term or condition under this chapter?
yes
^ Is the proposed development plan compatible with the surrounding
neighborhood?
yes, many outbuilding exist in this neighborhood
photos
photos
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325;?9 Okoloosc Trail
Sorrento, Florida 32712 I
NC Phone: (352) 735-1263 i
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Asphalt Pavement
PANAMA ROAD
(R/W Varies
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ATTACHMENT C
October 29, 2008
To Whom It May Concern:
It is our understanding that our next door neighbor, Walter Stephens, wishes to build a
pole type barn on an existing concrete slab approximately 10' from our shared property
line.
Since zoning requires a 20' setback, Mr. Stephens is requesting a waiver to allow a 10'
setback.
We do not object to waiving the 20' setback thereby allowing Mr. Stephens to proceed
with a 10' setback.
Sincerely,
David and Suzanne Checefsky
520 S. Moss Road
Winter Springs, Fl. 32708
/~~~ ~
avid Checefs y
~~ U
Suz e Checefsky
ATTACHMENT D
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
BOARD OF ADJUSTMENT
SPECIAL MEETING
DECEMBER 18, 2008
CALL TO ORDER
The Board of Adjustment Special Meeting of Thursday, December 18, 2008 was called to
Order at 7:00 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 Howard Carman, present
Board Member Linda Collins, present
Board Member Karen Paine-Malcolm, present
A moment of silence preceded the Pledge of Allegiance.
In regard to the last scheduled Regular Meeting, Chairman Waters apologized to the
Applicant, Staff and others due to the Meeting being cancelled for lack of a Quorum.
PUBLIC HEARINGS AGENDA
PUBLIC HEARINGS
500. Community Development Department
Recommends The BOA (Board Of Adjustment) Hear The Request For A Waiver
From The 20 Foot Side Yard Setback Set Forth In Section 20-146. Of The City
Code, Pursuant To The Waiver Criteria And Procedure Detailed In Section 20-34.,
To Allow An Open Garage Structure To Be Constructed At 510 Moss Road, Within
10 Feet Of The Side Lot Line.
Mr. John Baker, AICP, Senior Planner, Community Development Department presented
this Agenda Item and distributed an aerial photograph of the Site to the Board Members.
Mr. Baker added, "Staff believes that the proposed building setback and development
plan is compatible with the surrounding neighborhood and we recommend approval since
we think it meets all of the six (6) Criteria."
Discussion.
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
BOARD OF ADJUSTMENT
SPECIAL MEETING -DECEMBER 18, 2008
PAGE 2 OF 2
Mr. Walter Stephens, 510 South Moss Road, Winter Springs, Florida: briefly addressed
the Board Members.
Chairman Waters opened the "Public Input" portion on this Agenda Item.
No one spoke.
Chairman Waters closed the "Public Input "portion on this Agenda Item.
"I MAKE A MOTION WE ACCEPT STAFF'S RECOMMENDATION TO
GRANT MR. STEPHENS A REQUEST FOR A WAIVER." MOTION BY VICE
CHAIRMAN TAYLOR. SECONDED BY BOARD MEMBER GASMAN.
DISCUSSION.
VOTE:
BOARD MEMBER GASMAN: AYE
CHAIRMAN WATERS: AYE
BOARD MEMBER PAINE-MALCOLM: AYE
BOARD MEMBER COLLINS: AYE
VICE CHAIRMAN TAYLOR: AYE
MOTION CARRIED.
Chairman Waters asked, "Do you know when this will be going to the City
Commission?" Mr. Baker replied, "On January 12th [2009]."
Board Member Howard Gasman commented on the last scheduled Regular Meeting that
had to be cancelled due to no Quorum and Board Member Karen Paine-Malcolm stated,
"I am sorry." Board Member Gasman replied, "Thank you."
ADJOURNMENT
Chairman Waters adjourned the Meeting at 7:14 p.m.
RESPECTFULLY SUBMITTED:
JOAN L. BROWN
DEPUTY CITY CLERK
APPROVED:
THOMAS WATERS
CHAIRMAN, BOARD OF ADJUSTMENT
NOTE: These Minutes were approved at the , 2009 Regular Board of Adjustment Meeting.