HomeMy WebLinkAbout1989 01 09 City Commission Regular Minutes
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88-89-8
REGULAR MEETING
CITY COMMISSION
CITY OF WINTER SPRINGS
JANUARY 9, 1989
The Regular Meeting of the City Commission of the City of Winter Springs, Florida,
was called to order by Mayor Leanne M. Grove at 7:30 p. m.
Roll Call:
Mayor Leanne M. Grove, present
Deputy Mayor Philip A. Kulbes, present
City Manager Richard Rozansky, present
City Attorney Frank Kruppenbacher, present
Commissioners:
Cindy Kaehler, present
Arthur Hoffmann, present
William A. Jacobs, present
Paul P. Partyka, present
For the invocation Commissioner Kaehler asked for a moment of silent prayer. The
pledge of allegiance to the flag was led by City Manager Richard Rozansky.
Motion was made by Commissioner Kulbes to table approval of the minutes of December
12, 1988. Seconded by Commissioner Hoffmann. Vote on the motion: Commissioner
Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner
Partyka, aye; Commissioner Kaehler, aye; motion carried.
Motion was made by Commissioner Kulbes to approve the minutes of the Special Meeting
of December 19, 1988. Seconded by Commissioner Partyka. Discussion. Vote on the
motion: Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Partyka, aye;
Commissioner Kaehler, aye; Commissioner Hoffmann, aye; motion carried.
Public Comment:
Presentation of Resolution of Appreciation to Martin Trencher:
Mayor Grove presented Resolution No. 607 and a plaque to Martin Trencher in
appreciation for his service to the City as City Commissioner.
He was also presented some "special" mementos by Commissioner Jacobs.
Presentation of Certificates of Award:
Three Oviedo High School students from Winter Springs, Frank Diaz, Mike Lee and
Chad Duncan received Certificates of Award for attaining the All Seminole County
Football team. Chad Duncan also received recognition for making the Third Team
All State.
Mayor Grove presented Police Chief John Govoruhk with a service pin for 15 years
service with the City.
Gene Dorman, Northern Way,
signs on Northern Way. He
tions that were presented
responsibilities, and what
spoke about the effectiveness of the additional stop
also asked about the Planning & Zoning Board recommenda-
some time ago regarding zoning and Planning and Zoning
action is being taken.
John Ferring, Baltic Lane, presented the Commission with a report regarding the
problems in Oak Forest from the Department of Resource Management. He said he has
also heard from the Governor's office and they have indicated they will make an
investigation and report back to him.
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Regular Meeting, City Commission, January 9, 1989
Page 2
88-89-8
Mrs. Powell, Hacienda Village, spoke about a problem that occurred behind the
Cumberland Farms Store, and asked if a fence could be put up or something could
done. She also asked the status of the drainage problem from Mt. Greenwood.
be
Commissioner Kaehler said she has seen people in Mt. Greenwood pumping water out of
low areas onto the street. She noticed that the trees are dying and asked the City
Forester and City Engineer to look into these problems.
Nick Bozic, Chairman of the Senior Center Advisory Board, asked to have certain items
that have been donated to the seniors added to the City's inventory for the Recreation
Department.
Motion was made by Commissioner Kulbes to put this item on the Agenda. Seconded by
Commissioner Kaehler. Discussion. Vote on the motion: Commissioner Jacobs, aye;
Commissioner Partyka, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye;
Commissioner Kulbes, aye; motion carried.
Motion was made by Commissioner Kulbes that all of the equipment that the seniors
have accumulated in establishing a senior center in the City of Winter Springs be
picked up on the inventory of the Recreation Department, and that the City of
Winter Springs be responsible for the maintenance of all that equipment. Seconded
by Commissioner Kaehler for discussion. Discussion.
Motion was made by Commissioner Kaehler to table to the next meeting so we can get
the list and do it properly. Seconded by Commissioner Jacobs. Vote on the motion:
Commissioner Partyka, no; Commissioner Kaehler, aye; Commissioner Hoffmann, no;
Commissioner Kulbes, no; Commissioner Jacobs, aye; motion failed.
Commissioner Kulbes added to his motion: after proper inventory has been taken and
submitted to the Recreation Department. Second concurred. Vote on the motion:
Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner Kulbes, aye;
Commissioner Jacobs, aye; Commissioner Partyka, aye; motion carried.
Commissioner Partyka spoke about the report that had been presented by Mr. Ferring
on the problems at Oak Forest. Attorney Kruppenbacher is to give a report at the
next meeting as to what actions if any can be taken, or should be taken.
General Agenda
Public Hearing for Ord. No. 443, providing for the adoption of a Reclaimed Water
System, etc. Second Reading:
Attorney Kruppenbacher read Ord. No. 443 by title only on second reading. Mayor
Grove recessed the Commission Meeting and opened the public hearing. No one spoke
for or against the Ordinance. Mayor Grove closed the public hearing and reconvened
the Commission Meeting.
Motion was made by Commissioner Kulbes to adopt Ord. No. 443. Seconded by Commissioner
Hoffmann. Discussion. Vote on the motion: Commissioner Hoffmann, aye; Commissioner
Kulbes, aye; Commissioner Jacobs, aye; Commissioner Partyka, aye; Commissioner Kaehler,
aye; motion carried.
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Regular Meeting, City Commission, January 9, 1989
Page 3
88-89-8
Public Hearing for Ord. No. 444, amending Section 14 of the Land Development
Code, etc. Second Reading:
Attorney Kruppenbacher read Ord. No. 444 by title only on second reading. Mayor
Grove recessed the Commission Meeting and opened the public hearing on Ord. No. 444.
No one spoke for or against the Ordinance. Mayor Grove closed the public hearing
and reconvened the Commission Meeting.
Motion was made by Commissioner Kulbes to adopt Ord.No.444. Seconded by Commissioner
Jacobs. Discussion. Vote on the motion: Commissioner Kulbes, aye; Commissioner
Jacobs, aye; Commissioner Partyka, aye; Commissioner Kaehler, aye; Commissioner
Hoffmann, aye; motion carried.
Public Hearing for Ord. No. 449, repealing Sec. 16-46 and 16-51 of Art. III User
Fees and Charges and providing for new Sections, etc. Second Reading:
Attorney Kruppenbacher read Ord. No. 449 by title only on second reading. Mayor
Grove recessed the Commission Meeting and opened the public hearing on Ord. No. 449.
No one spoke for or against the Ordinance. Mayor Grove closed the public hearing
and reconvened the Commission Meeting.
Motion was made by Commissioner Kulbes to adopt Ord. No. 449. Seconded by Commissioner
Jacobs. Discussion. Vote on the motion: Commissioner Jacobs, aye; Commissioner
Partyka, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner
Kulbes, aye; motion carried.
Mayor Grove called a recess at 8:15 p.m. and the meeting was called back to order at
8:25 p.m.
Senior Center-Architect's Proposal:
Mr. Soellner, Architect, presented a proposal to build an addition of approximately
4,100 square feet to the existing building and that could be built for $175,000.00.
Mr. Soellner said he looked into a steel structure with metal roof, concrete block
and stucco walls and this would cost an additional $17,000.00. Discussion followed.
Commissioner Partyka asked for several options that he could look over, best
possible price of a butler building, best possible price for concrete block building,
maybe the fanciest, the cheapest, and some drawings and pictures to look at so that
a decision could be made on which is the best and most affordable.
Commissioner Kaehler also said the Commission needed to see the best concrete block
plan and as an alternative,a butler building, and if there is another option, they
would like to see that also, the square footage of the different plans, what would
have to be added, etc.
Commissioner Hoffmann asked for these plans so that he could look at them at his
leisure so he could determine which would be the best way to go.
Mr. Soellner said he would be able to bring options back to the Commissioners at the
next meeting.
Bentley Green-Developer request for one (1) year extension of Final Development Plan
(Section 44.85.11.e):
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Regular Meeting, City Commission, January 9, 1989
Page 4
88-89-8
Motion was made by Commissioner Kulbes that we grant the developer of Bentley Green
a year's extension on his final development plan. Seconded by Commissioner Jacobs.
Discussion. City Engineer Len Kozlov spoke about the muck problem with Greenbriar
Lane extension construction. Vote on the motion: Commissioner Jacobs, aye; Commissioner
Partyka, aye; Commissioner Kaehler, aye; Commissioner Hoffmann, aye; Commissioner
Kulbes, aye; motion carried.
Parcel 90 (Stable/Pasture Land) - Presentation by Developer of reconfigured Lot 1:
The Land Development Coordinator, Don LeBlanc, explained that on Dec. 12, 1988
Parcel 90 was approved with the stipulation that Lot 1 not be built on. Since then
the Developer has reconfigured Lot 1. Mr. Chuck Thompson made a presentation of his
reconfigured lot. (Attached to the minutes is a copy of his letter and plan).
Motion was made by Commissioner Jacobs to approve the plan presented for the develop-
ment of Lot 1. Seconded by Commissioner Kulbes. Discussion. Vote on the motion:
Commissioner Partyka, no; Commissioner Kaehler, no; Commissioner Hoffmann, aye;
Commissioner Kulbes, aye; Commissioner Jacobs, aye; motion carried.
There was discussion on the need for an ordinance to not allow building on easements
and to decide what is a buildable lot.
Woodstream - Variance for Kim Court:
The letter from the developer, Don Corby, requesting the variance is attached to the
minutes.
Motion was made by Commissioner Kulbes that the variance as requested be granted and
that the construction be approved by our City Engineer. Seconded by Commissioner
Partyka. Discussion. Vote on the motion: Commissioner Kaehler, aye; Commissioner
Hoffmann, aye; Commissioner Kulbes, aye; Commissioner Partyka, aye; motion carried.
City Manager Richard Rozansky:
1.Recreation Property Acquisition:
Manager Rozansky said the following property is available:
the Indian Ridge property, price 1.3 million, 44.99 acres, vacant; there are two
parcels bisected by Moss Road. One parcel is 29.39 acres. The northeast section
has 706 feet on S.R. 419. The other parcel is 15.6 acres and has approximately
827 feet on S.R. 419.
The next parcel, Cargo Realty, along Lake Jessup, the cost is $30,000 per acre.
The parcel consists of 35 acres with an asking price of $1,050,000.
The next parcel is along Lake Jessup owned by Nelson & Company. The cost is $795,000
for approximately 24.07 acres.
Another park site submitted by Binford Realty the cost is $1.24 million for 54 acres
on S.R. 434 by Tuscora.
Another park site submitted by Binford Realty, the parcel is Foxmoor 4, for $540,000,
54.09 acres.
Another site is the part of the golf course on S.R. 434, 22.03 acres and the cost is
$3,620,000.
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Regular Meeting, City Commission, January 9, 1989
Page 5
88-89-8
On the Cascell property, the Schrimscher property and the Leffler property we have
not heard back from them.
The City Manager suggested there be a committee of the Planner, Land Development
Coordinator, and himself and a Commissioner to look at the different parcels.
Commissioner Kaehler will also be on that committee. An Ad is to be placed in the
paper to see if there is any more property available.
2. Bond Resolution No. 609, authorizing the issuance of improvement revenue bonds to
finance land acquisition, civic improvements and necessary off-site improvements
and costs, etc.
Attorney Kruppenbacher read Resolution No. 609 by title only. Mr. Gary Akers was
present to discuss the resolution. The amount of the Resolution was changed from
$7,500,000 to $7,700,000.
Motion was made by Commissioner Jacobs to adopt Resolution No. 609 as amended.
Seconded by Commissioner Partyka. Discussion. Vote on the motion: Commissioner Hoffmann,
aye; Commissioner Kulbes, aye; Commissioner Jacobs, aye; Commissioner Partyka, aye;
Commissioner Kaehler, aye; motion carried.
Motion was made by Commissioner Partyka to adjourn the meeting. Motion failed for
lack of a second.
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Reports:
Manager Rozansky reported the package plant is now in full operation and if anyone
wishes to see the plant let Manager Rozansky know and he will take you there.
The City Forester met with the local State Board and he has a draft of a new ordinance;
we will have the Attorney look it over and have it on the next Agenda.
Manager Rozansky said he is to meet with the attorney and another individual regarding
the condemnation of Seminole Utility Company at the end of the week.
The draft copy of the audit is in. Manager Rozansky is to go over the management
letter with the auditors, make necessary changes, then the Commission will receive
copies, and if there are any questions, they will be asked to come to the meeting.
Manager Rozansky asked for direction for payment to the Code Enforcement Board and
Commerce and Industry Board. Resolutions will be prepared to pay these Boards and
will be presented at the next meeting.
Attorney Kruppenbacher brought three packets of the Tuscawilla Shopping Center Commercial
Site written materials and copies will be made for the Commission. There was no further
information on the impact fee lawsuit.
Commission Seat I - Cindy Kaehler:
Commissioner Kaehler asked if the Developer has said if he will be at the Hearing on
February 6th. Attorney Kruppenbacher said the Developer has called him to discuss
the ground rules. Attorney Kruppenbacher asked the Commission to give him the authority
to set the rules in the best interests of the City.
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Regular Meeting, City Commission, January 9, 1989
Page 6
88-89-8
Attorney Kruppenbacher said he wants them to come and present everything, then
everything will be evaluated, and it may be that evening, it may be 30 days from
now, but it will all be placed on the record.
Commissioner Kaehler asked that the landscaping requirements be looked into for the
Quadraplexes on south Moss Road. She also spoke about the requirements for Lori
Anne Acres.
Commission Seat II - Arthur Hoffmann:
Commissioner Hoffmann asked about the bond for Glen Eagle. Attorney Kruppenbacher
said he will not sign off legally on a bond that is not written on a Florida
financial institution.
Commissioner Hoffmann spoke about a new pump Seminole Utility Company has on Northern
Way that is open. He asked if that shouldn't be fenced in for safety reasons.
Commissioner Hoffmann asked if Staff is looking for alternate solutions to the
Trotwood connection. Discussion followed.
Commissioner Hoffmann asked about the Industrial Waste Contract, and Manager Rozansky
explained that they cannot apply for a rate increase during the next three years
unless there is something as a result of a State or County mandate.
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Mr. Ferring, president of the Oak Forest Homeowners Association spoke about a letter
Manager Rozansky sent to Mr. McIntosh in reference to the Trotwood connection.
Commission Seat III - Philip A. Kulbes:
Commissioner Kulbes also spoke about the letter the City Manager wrote to Mr. McIntosh
in reference to the Trotwood connection.
Commission Seat IV - William A. Jacobs:
No report.
Commission Seat V - Paul P. Partyka:
Commlssioner Partyka spoke about the easement issue, and asked to have Staff look into not
utilizing power easements in calculating the square footage to determine whether or
not a lot is buildable or not.
Mayor's Office:
Mayor Grove called a Workshop Meeting for Monday, January the 16th with all the Boards,
and a Workshop Meeting for March 6th to discuss impact fees.
Meeting was adjourned 11:05 p. m.
Respectfully submitted,
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Mary T. Norton,
City Clerk
Approved:
MAYOR
GROVE
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January 4, 1989
TO:
Ci ty Manager (iJ
Land Development Coordinator
FROM:
RE:
Agenda Item, Bentley Green
The developer is requesting a one ( 1 ) year extension to the approved Final
Developnent Plan as per Section 44.85.11.e, of the Code.
The Final Developnent Plan/Preliminary Engineering was approved on December 14,
1987, and Final Engineering was approved on May 23, 1988.
The entrance to Bentley Green was to be farther north on Greenbriar Lane than
that which is canpleted on the southern terminus.
Plans were approved to connect the northern and southern ends of Greenbriar
Lane. During the construction of Greenbriar Lane, a severe muck problem was
discovered. This stopped construction until such time as studies to be done
prove that the road can be buil t as approved.
Recently an agreement was reached where Greenbriar Lane can be constructt.."'<l to
the cul-de-sac on the southern portion of Bentley Green. This will allow
access to the project and allow construction to begin.
/mh
cc: Mayor
Commission
City Attorney
City Clerk
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December 29, 1988
City of Winter Springs
1126 East State Road 434
Winter Springs, Florida 32708
Attn: Donald LeBlanc, Land Development
Re: Bentley Green
(formerly Fairway Lakes at Tuscawilla)
Dear Mr. LeBlanc:
This letter constitutes my request for a one(l) year extension of the December
14, 1987 approval of the final development plan on the above referenced project.
As you know, Section 44.85.11 of the City Code provides that the approval
received last December carries a twelve(12) month time restriction. Hopefully,
you will be able to act favorably on this request at the next regularly scheduled
meeting in January 1989.
As you know, following the December 14, 1987 approval we pro ceded to obtain
final engineering plan approval and then commenced construction on phase 1 of
Bentley Green earlier this year. That phase, except for the final asphalt
paving, is complete and awaiting platting. The problem we are facing is not the
internal development of Bentley Green, but rather the delayed completion of
Greenbriar Lane. Greenbriar Lane, being a required artery of the Tuscawilla P.U.D.,
is being constructed by Gulfstream and is incomplete. Gulfstream is now working
with the City to possibly arrange a partial completion of Greenbriar Lane to a
point that will allow completion of Bentley Green Unit 1 in the near term,
followed by total completion of Greenbriar Lane later in 1989. A one(l) year
extension of the Bentley Green final development plan should allow sufficient
time to complete Greenbriar Lane in its entirety, thus paving the way for the
subsequent completion of Bentley Green.
Thank you for your assistance on this matter.
Yours truly,
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A. Walter Temple, Jr.
President
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January 4, 1989
TO:
Ci ty Manager ~
Land Development Coordinator~
FROM:
RE:
Agenda Item, Parcel 90 (Stable/Pasture Area)
At the Canunission meeting of December 12, 1988, the above referenced Final
Development Plan/Preliminary Engineering was approved with the stipulation that
Lot 1 not be built on.
The developer has reconfigured Lot 1 and wishes to present it to the Corrunission
for their consideration.
. /mh
cc : Mayor
Camnission
City Attorney
City Clerk
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DONALD W. MciNTOSH Assoclatos,lnc.
Z200 PAliK AVENUE NORTH. WINTER PAliK, flORIDA 32789. (305) 644-406/1
January 3, 1989
Mr. Richard Rozansky, City Manager
City of Winter Springs
1126 State Road 434
Winter Springs, Florida 32708
Re: Tuscawilla Parcel 90
Preliminary Subdivision Plan
Dear Dick:
On December 12, 1988, the Winter Springs City Commission conditionally approved the
referenced preliminary plan. A condition of this approval prohibited use of lot number 1 for
a residential dwelling.
The applicant is requesting you place this project on the agenda for the next scheduled
Commission meeting. January 9. 1989. to appeal to the City Commission for
reconsideration of the building injunction on lot 1.
The enclosed exhibit "A" is a scaled drawing of the calculated lots 1 and 2 illustrating the
building setback line envelope. and containing a representative building footprint
(approximately 2.350 square feet living area) with a swimming pool (approximately 15' x
30'). Additionally. this exhibit includes driveways into these lots. a proposed wall along
the Tuskawilla-Gabriella Road frontage and a wider (90 feet vs. 60 feet on original plan)
entrance right-of-way (which addresses the voiced concern of negative impact on lot 1 by
the Florida Power Corporation easement). Exhibit "B" is also a scaled drawing of lot 1,
comparing the lot as shown on the preliminary plan with the lot as shown on Exhibit "A".
and indicating the revised entrance right-of-way.
Based on these exhibits, therefore, the applicant is proposing a buildable lot number 1,
which, as demonstrated. will accommodate a house of comparable size for the development
Your assistance in this matter is greatly appreciated.
i;l5ad
Brian D. Austin, P.E.
Project Manager
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January 4, 1989
TO:
City Manager ~
Land Development coordinato.w
FROM:
RE:
Agenda Item, Variance for Kim Court
The developer, Don Corby, is seeking variances for Kim Court. These variances
are outlined in his letter which is attached.
Kim Court is a private street within the Woodstream Subdivision in Tuscawilla.
This variance may be granted by the Camnission under Section 14-95 of the Code.
. Attacrunent
.
/rnh
cc: Mayor
Camnission
City Attorney
Ci ty Clerk
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Qu.ali.ty Co/Utw.ction in Gntwf 9(o.ik .:Sina '959
!J(iffea7.n Conj.t7.uction and d?eaf Ej.tate [Inc.
1385 <W'.:1.t !B'l.oa.dwa.y · ()vudo, 9fo'l.ida. 32765 · 366-0629
January 4, 1989
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Mr. Richard Rozansky
City Manager
1126 E. SR 434
Winter Springs, FL 32708
CITY: OF WINTER SPRINGS
J.:andDevelopment Coordinator
RE: KIM OOURT, a private street, Woods t ream, 'fuscawilla
rear Mr. Rozansky:
I, COn Corby, developer and builder on Kim Court do respectfully request a
variance in regard to the following matters:
.
1. I wish to rerrove a section of the street entry into Kim Court:
such section to be approximately 15' length by the width of
Kim Court, approximately 20' wide. Section rerroved will be
replaced with brick en try.
2. I further wish to rerrove sections of existing street every 20
to 30 feet and replace with brick strips mich will be ThQ brick
wide, approximately 1 foot wide. These strips wuuld be installed
the full length of the street and around the cul-de-sac.
3. I further propose to rrake a planting area in the center of the
cul-de-sac. This may include use of a seating area and use
of a decorative fountain.
4. Finally, I wish to build a decorative wall entry on both sides
of Kim Court, off of Nancy Circle. Please see enclosed plans
as to the proposed specifications.
I respectfully request that you might review these prOPOSals at your earliest
convenience. If you should have any questions, please call my office at the
phone number on the letterhead or at the following numbers: 365-8357 or my
rrobile phone--256-0191. I thank you for all consideration in this matter.
Sincerely,
.',
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COn Corby
Killearn Constructi
& Real Estate, Inc.