HomeMy WebLinkAbout2009 12 14 Public Hearing 501 Request for Waiver at 204 Elderwood Street CITY COMMISSION
AGENDA
CONSENT
ITEM 501 INFORMATIONAL
PUBLIC HEARING X
REGULAR
December 14, 2009
Meeting gr. /De ment
REQUEST: The Community Development Department requests the City Commission hear
the request for a waiver from the six (6) foot side yard setback set forth in Section 20- 186 of
the City Code, pursuant to the waiver criteria and procedure detailed in Section 20 -34, to allow
the expansion of an existing domicile at 204 Elderwood Street (Lot 28 of Foxmoor, Unit 1,
P.B. 19, Pages 70 71), which is as close as approximately 5 feet of the side lot line (to allow
as much as a one foot encroachment into the 6 foot side yard building setback).
PURPOSE: The purpose of this agenda item is to consider a waiver request by Samuel
Lawhun, on behalf of, Monica Macarelli, the owner, to expand a house constructed in 1976
within the 6 foot side yard building setback, up to the 5' utility easement. The waiver would
allow an addition to add a partial second floor and extend 30' 8" to the rear. Part, but not all of
that addition will encroach into the side yard building setback. The waiver would not allow
any encroachment into the 5' utility easement.
FUTURE LAND USE ZONING DESIGNATION:
Future Land Use Designation: Low Density Residential
Zoning District: R -1 Single Family Dwelling District
APPLICABLE CODE:
Chapter 163, FS
Comprehensive Plan
Chapter 6 of the City Code
Chapter 9 of City Code
Chapter 20 of City Code
CONSIDERATIONS: The applicant is seeking a waiver to the side yard building setback in
order to expand an existing non conforming residential structure (built in 1976), adding a
partial second story and extending the building to the rear. The owner purchased the house in
1979. The applicant has been given the alternatives of redesigning the plans for the addition to
December 14, 2009
Public Hearing Item 501
Page 2 of 3
meet the setback or apply for the waiver and has opted for the waiver. Staff supports the
waiver to extend the second floor straight up from the existing first floor and straight back into
the rear yard (but not into the rear yard setback). Please note that the existing wall is not
parallel to the property line, although that is not obvious in the field. Staff cannot and will not
support any encroachment into the easement or rear yard building setback (this includes any
balcony). The roof drip -line along the subject (easterly) side of the house (in the revised plans)
must not extend any farther into the easement, toward the property boundary, than it currently
does with the existing structure. No footer may be provided in the utility easement.
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 finds no conflicts with the comprehensive plan and no conflict with other parts
of the zoning code (Chapter 20), except as noted. The applicant is requesting the
setback waiver.
2) The proposed development plan will significantly enhance the real property.
Staff believes the plan will enhance real property values and meets this criterion.
3) The proposed development plan serves the public health, safety, and welfare.
Staff believes the plan does meet this criterion.
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.
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 reasonable request that allows for
the existing encroachment and proposed addition.
6) The proposed development plan is compatible with the surrounding neighborhood.
Staff believes the proposed building setback and development plan is compatible with
the surrounding neighborhood.
December 14, 2009
Public Hearing Item 501
Page 3 of 3
BOA ACTION: At its regularly scheduled meeting of December 3, 2009, the BOA voted
4 -0 to recommend the waiver be approved.
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. This means extending the
existing wall straight up (for a partial second story) and straight back into the rear yard (but not
to extend into the rear yard building setback).
ATTACHMENTS:
A- Location Map Plat
B— Applicable Code
C- Application package
D -Draft BOA Minutes
COMMISSION ACTION:
ATTACHMENT A
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SECTION 3, TOWNSHIP 21 SOUTH, RANGE 30 EAST ''.4 74
CITY OF WINTER SPRINGS 5L
SEMINOLE COUNTY, FLORIDA
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ARTICLE III. ESTABLISHMENT OF DISTRICTS Page 9 of 78
ATTACHMENT B
(Ord. No. 44, 44.37, 1 -8 -68)
Sec. 20 182. Uses permitted.
Within any R -1 One Family Dwelling District, no building or structure, land or water shall be
used except for one (1) or more of the following uses:
(1) Any use permitted in R -1AA and R -1A Single Family Dwelling Districts.
(2) Home occupations.
(Ord. No. 44, 44.38, 1 -8 -68)
Sec. 20 183. Conditional uses.
Conditional uses in R -1 One Family Dwelling Districts are the same as for R -1AA and R -1A
Single Family Dwelling Districts.
(Ord. No. 44, 44.39, 1 -8 -68; Ord. No. 240, 6, 5- 26 -81; Ord. No. 2004 -49, 2, 12- 13 -04)
Sec. 20 184. Building height regulations.
Building height regulations in R -1 One Family Dwelling Districts are the same as in the R -1AA
and R -1A Single Family Dwelling Districts.
(Ord. No. 44, 44.40, 1 -8 -68)
Sec. 20 185. Building site area regulations.
In R -1 One Family Dwelling Districts, each family (single) dwelling shall be located on a lot or
parcel of land having an area of not Tess than six thousand six hundred (6,600) square feet and a width
of not less than sixty (60) feet.
(Ord. No. 44, 44.41, 1 -8 -68)
Sec. 20 186. Front, rear and side yard regulations.
In R -1 One Family Dwelling Districts:
(1) Front yard. There shall be a front yard of not less than twenty -five (25) feet.
(2) Rear yard. A rear yard shall not be Tess than twenty -five (25) feet in depth.
(3) Side yard. Side yards shall be provided on each side of every dwelling of not less
than six (6) feet.
(4) Comer lots. Same as for R -1AA and R -1A Single Family Dwelling Districts.
(Ord. No. 44, 44.42, 1 -8 -68)
Sec. 20 187. Lot coverage.
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ATTACHMENT C
44`t,'TERs CITY OF WINTER SPRINGS
o A 'A� COMMUNITY DEVELOPMENT DEPARTMENT
2 1126 STATE ROAD 434
F- 0
U WI NTER SPRINGS, FL 32708
Incorpo
1959 407 327 -5966
FAX:407- 327 -6695
BOARD OF ADJUSTMENT APPLICATION
CONDITIONAL USE SPECIAL EXCEPTION
WAIVER -moot 0,9,4
APPLICANT: N whurr dlrnuti k e.i
Lastt First Middle
MAILING ADDRESS: LI 1 IJ K-e h a u.1 Rd
0Stfev1 y a-L- ,-212 7 L9 `1
PHONE EMAIL 1 b ity n 1
l 5I) .9 lA y� e 1 w Mill GY w 11 ct bi uc nc
If Applicant does NOT own the property:
PROPERTY OWNER: 1 H o n l a M
Last WO Fiir Middle
MAILING ADDRESS: Z O C 1cjf, O d
oC)
Ni 'Y to Spl .i n( 3 L Zn a e
PHONE &EMAIL 0 u) q5- (3606
This request is for the real property described below: �p,A \N
OW ADDRESS: 2.04 E l d -Ci. V VOWW
TAX PARCEL NUMBER: 032 13651 k 0 D 00 02 0
SIZE OF PARCEL:
Si Square Feet Acres
EXISTING LAND USE: S fl ?J 1 V -fa r �n I y J KI.
Current FUTURE LAND USE Classification:
Current ZONING Classification:
S Please state YOUR REQUEST: 16 bill Id add ition peg. plaM
O, Submiti�d on a1Q.eacl non- c,on- foQrratn Sin Jt
o 4. -fa r�nq home. C o s h a I iztady been
appQovecl b build �n dcpatt-rntn+.) 461 o 1461 9 sA V
VV
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
examihe 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.)
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
THE FOLLOWING ITEMS ARE TO BE SUPPLIED WITH THIS APPLICATION:
A copy of the most recent SURVEY of the subject property.
A copy of the LEGAL DESCRIPTION reflecting the property boundaries.
11 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.
Notarized AUTHORIZATION of the Owner,
IF the Applicant is other than the Owner or Attorney for the Owner (see below).
2 April 09
By submitting this application you hereby granttemporary 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 1 am the Owner in fee simple of subject lands described within this Applicati..
Board of Adjustment consideration:
GFr
°Ilit_444jul4j i Signs ure of Owner
r
Swo d subscrib before me this VI a
da of r" 20 Notary Public
My Co fission expires:
15 -0 9
Personally Kno
Produce' tifica�n,
(T
:id take an Oath
v' Did Not take and Oath
FOR USE WHEN APPLICANT IS NOT OWNER OF THE SUBJECT REAL PROPERTY:
I, Monica M a l c a e t i do hereby, with my notarized signature, allow
(Same 4 1 K. La W van to represent me in thhis related to my property. The
property is identified as: Tax Parcel Number V s) 1 2 b i) t l b {1 GO 2 ?D
Located at 201 E Ici l_W O0d Y v i fl+ff k p z t I 0
o k 1 4/, ••/r' /f
ature of Owner(s)
Sm torkisubwirib before me this p A.__
day ofCb Q. r 20 01. otary Public
My Conk ssion pir c
Personally Known r-- L
X. Produced ID: (Type)
Did take an Oath i
Did Not take and Oath �*`s" Comm#DD0499 r
1x
Exp
lrn 12/16120M M 3 **timitizetwor
..sp.s.es]ssNeMSSH WY/rs/MM/NpM! /!A
3 April 09
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 -34 (a)]. Please explain how your request meets this
requirement (use a separate sheet if necessary).
1hia a1'P_ta non coif frn n9
1/ eh Ii. 11 e
u/ 1
n nMagr. k on .�$t �r�ir D
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 g h4 a dd I tl G a 1
I ncha on task td 4661q Ehown
i n plan -fir? ptern 200gO2'57
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?
Nd?
Will the proposed development plan significantly enhance the real property?
Will the proposed development plan serve the public health, safety, and
welfare of the City of Winter Springs
CONTINUED ON NEXT PAGE
4 APa 09
Will the waiver diminish property values in or alter the essential character of
the surrounding neighborhood?
1\!4
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?
'IBS
Is the proposed development plan compatible with the surrounding
neighborhood?
leg.
5 April 09
2009 -11-02 21:36 R A CUSTOM BLDRS LLC 4073220235 4073276695
P 2/2
List of neighbors with-in 150' of owners filing for Wavier:
Persil Id: 03- 21 -30- 511-0000
OMrnsr. MARCARELU MONICA M
MaNtrq Address: 204 ELDERWOOD ST
CIty,StatsZIPCods: WINTER SPRINGS FL 32700
Properly Address: 204 ELDERWOOD ST WINTER SPRINGS 327D8
Neighbors list:
BARICO S A CORP, C/O SILDE INC
PO BOX 941569
MAITLAND, FL. 32794
For 614 EDGEMON AVE, WINTER SPRINGS
RODRIGUEZ JOSE A AURORA
616 S EDGEMON AVE
WINTER SPRINGS FL. 32708
GONZALEZ CARLOS M
1041 NORTHERN WAY
WINTER SPRINGS FL. 32708
For 207 ELDERWOOD ST, WINTER SPRINGS
GODFREY CHARLES E JR MINDY L
704 S EDGEMON AVE
WINTER SPRINGS FL. 32708
DAVIDSON CARL JILL
209 ELDERWOOD ST
WINTER SPRINGS FL. 32708
BEARD THOMAS M DEBORAH K
211 ELDERWOOD ST
WINTER SPRINGS FL. 32708
HESS PAIGE M
206 ELDERWOOD ST
WINTER SPRINGS FL. 32708
SMART RICK J LISA A
208 ELDERWOOD ST
WINTER SPRINGS FL. 32708
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ATTACHMENT D
DRAFT
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
BOARD OF ADJUSTMENT
REGULAR MEETING
DECEMBER 3, 2009
CALL TO ORDER
The Board of Adjustment Regular Meeting of Thursday, December 3, 2009 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, absent
Board Member Howard Casman, present
Board Member Linda Collins, present
Board Member Karen Paine Malcolm, present
A moment of silence preceded the Pledge of Allegiance.
INFORMATIONAL AGENDA
INFORMATIONAL.
100. Not Used.
CONSENT AGENDA
CONSENT
200. Office Of The City Clerk
Approval Of The May 21, 2009 Regular Meeting Minutes.
Chairman Waters asked, "Can I have a Motion to Approve those Minutes."
"SO MOVED." MOTION BY BOARD MEMBER PAINE MALCOLM.
SECONDED BY BOARD MEMBER COLLINS. DISCUSSION.
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
BOARD OF ADJUSTMENT
REGULAR MEETING DECEMBER 3, 2009
PAGE 2 OF 4
VOTE:
CHAIRMAN WATERS: AYE
BOARD MEMBER PAINE MALCOLM: AYE
BOARD MEMBER COLLINS: AYE
BOARD MEMBER CASMAN: AYE
MOTION CARRIED.
AWARDS AND PRESENTATIONS
AWARDS AND PRESENTATIONS
300. Not Used.
400. REPORTS
No Reports were given.
PUBLIC INPUT
No one spoke.
PUBLIC HEARINGS AGENDA
PUBLIC HEARINGS
500. Community Development Department
Recommends The BOA (Board Of Adjustment) Hear The Request For A Waiver
From The Six (6) Foot Side Yard Setback Set Forth In Section 20 -186. Of The City
Code For, Pursuant To The Waiver Criteria And Procedure Detailed In Section 20-
34., To Allow The Expansion Of An Existing Domicile At 204 Elderwood Street (Lot
28 Of Foxmoor, Unit 1, P.B. (Plat Book) 19, Pages 70 And 71), Which Is As Close As
Approximately 5 Feet Of The Side Lot Line (To Allow As Much As A One Foot
Encroachment Into The 6 Foot Side Yard Building Setback).
Mr. John Baker, AICP, Senior Planner, Community Development Department presented
this Agenda Item and distributed a plot plan of the existing building and proposed
addition.
Continuing, Mr. Baker read into the Record the "FINDINGS" of this Agenda Item and
stated, "We do recommend Approval subject to them not encroaching the eaves would
not go any farther out into the side yard."
Discussion.
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
BOARD OF ADJUSTMENT
REGULAR MEETING DECEMBER 3, 2009
PAGE 3 OF 4
Chairman Waters inquired about the eaves overhang. Chairman Waters then asked, "Is
there anything in the Utility Easement Mr. Baker said, "We have no knowledge of any
pipes in there."
Board Member Howard Casman asked, "The house now is not in Compliance Mr.
Baker replied, "That is correct." Board Member Casman then asked, "This addition is
not going to make it any farther; it is going to be within that same area Mr. Baker
replied, "It has the same footprint, except where it extends to the rear and it will be pretty
much out of the setback where it extends to the rear, but it will be going straight up
within that same footprint that it encroaches."
Mr. Keith Lawhun, 646 Keelhaul Road, Osteen, Florida: as the Contractor for this
project, he commended Staff for their assistance.
Discussion.
Chairman Waters opened the "Public Input portion of this Agenda Item.
No one spoke.
Chairman Waters closed the "Public Input" portion of this Agenda Item.
"I MAKE A MOTION THAT WE APPROVE ITEM `500' BASED ON THE
INFORMATION GIVEN TO US RIGHT NOW AND THAT MR. BAKER IS
VERY CLEAR ABOUT." MOTION BY BOARD MEMBER CASMAN.
SECONDED BY BOARD MEMBER PAINE MALCOLM. DISCUSSION.
VOTE:
BOARD MEMBER COLLINS: AYE
CHAIRMAN WATERS: AYE
BOARD MEMBER PAINE MALCOLM: AYE
BOARD MEMBER CASMAN: AYE
MOTION CARRIED.
Chairman Waters stated, "This is only an Advisory Board and it goes to the City
Commission on December 14 th 2009]."
REGULAR AGENDA
REGULAR
600. Not Used.
CITY OF WINTER SPRINGS, FLORIDA
UNAPPROVED MINUTES
BOARD OF ADJUSTMENT
REGULAR MEETING DECEMBER 3, 2009
PAGE 4 OF 4
ADJOURNMENT
Chairman Waters adjourned the Meeting at 7:12 p.m.
RESPECTFULLY SUBMITTED:
JOAN L. BROWN
DEPUTY CITY CLERK
APPROVED:
THOMAS WATERS
CHAIRMAN, BOARD OF ADJUSTMENT
NOTE: These Minutes were approved at the 2010 Regular Board of Adjustment Meeting.