HomeMy WebLinkAbout2001 04 05 Regular Item A
BOARD OF ADJUSTMENT
AGENDA ITEM A
April 5. 2001
Meeting
REQUEST: Community Development Department, Land Development Division, present to
the Board of Adjustment the request of Elsie A. Bledsoe to have a fence greater
than four (4) feet in height forward of the building line. The fence, at its highest
point, is approximately six (6) feet in height.
PURPOSE: The purpose of this agenda item is to consider a request of Elsie A. Bledsoe 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 160 East Panama
Road.
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
comer 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:
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
April 5, 2001
BOA Agenda Item A
Page 2
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 ofthe 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
and safeguards, when made a part of the terms 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 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
April 5, 2001
BOA Agenda Item A
Page 3
or district, and no permitted use of lands, structures or buildings in other zoning
classifications or districts shall be considered grounds for the authorization of a
vanance.
(4)
(5)
Sec. 20-83. Procedures.
(a) Upon receipt, in proper form and with appropriate fees, an application for a
variance, spe<;:ial 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 process 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
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 as 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.
April 5, 2001
BOA Agenda Item A
Page 4
(f) Appeals to the board of adjustment may be taken by any person aggrieved or
by any officer, board or bureau of the city affected by any decision of an
administrative official under the zoning regulations. Such appeals 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
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 variance, special exceptions or conditional uses has not been issued prior to
expiration of such time limit.
CHRONOLOGY:
February 19, 2001
- Variance application received by City
April 5, 2001
BO A Agenda Item A
Page 5
FINDINGS: 1) Similar variances were granted for 250 Tradewinds Road (August 1985),
355 East Bahama Road (October 1986), 840 Dyson Drive (December 1988,
680 Fisher Road (January 1990) and 250 East Panama Road (February 8, 1999).
See Section 20-82(3).
2) The requirements listed under Section 20-82(1)(c) have not been met.
3) The requirements of Section 20-83 (c) have been met.
RECOMMENDA TION:
The Board of Adjustment forward this application to the City Commission with
the recommendation to disapprove this application.
A TT ACHMENTS:
A - Proposed fence to be built
B - Variance Application
BOARD OF ADJUSTMENT ACTION:
ATTACHMENT A
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BOARD OF ADJUSTMENT APPLICATION
CITY OF WINTER SPRINGS
1126 EAST STATE ROAD 434
WINTER' SPRINGS, FL ,32708-2799
(407)327-1800
FOR:
SPECIAL EXCEPTION
VARIANCE
'CONDITIONAL USE
ADMINISTRATIVE DECISION
'X
1.
APPLICANT:
r/$,/E A') RJr.P5t1F
/~ ~f7 I\P
'PHQNE Lf-:J7. t;9S--(;Jc'S/
ADDRESS:
~ rr/,t/~# ';"~; ic./9re:.<;'.
PURPOSE OF REQUEST: /'LJ7"'oP 't
3,
ATT:>,CH A COPY OF THE PARCEL SURVEY, .s~t!' /'OhPfi';(,
ATTACH AN 11 x 17 MAP SHOWING THE SUBJECT PROPERTY AND $~~. ~~~p
SURROUNDING PARCELS. ~,
4,
5,
ATTACH LEGAL DESCRIPTION, seE- ,Ft>L.Pfi'/{. .
TAX. PARCEL IDENTIFICATION NUMBEl\: or;;.. -~/- '?/J- rB r';'''",Sno -a/CJ#
6,
7, LOCATION OF PARCEL (Street Address and/or Nearest Cross
Streets):. 1'l-JY'j.;.A.J5!J:fi ':R!P HA'<f='5 ~D
8, PRESENT ZONING: HaU<' F-
FUTURE LAND USE: A/~A/~
By Signing below'I understand that City of Winter Springs Officials
may enter upon my property to inspect that portion as relates to
this application:
(I f the appl icant is not the owner of the subject property, the
applicant must' attach a letter of authorization signed by the
owner) .
el. <;{F M. Pi F;jJc:tJF'
OWNER-PLEASE TYPE
~/N~ ~~~
o NER-SIGNA URE .
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 MADE, AT THEIR 'COST, WHICH
INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS. TO BE .I..'
. BASED, PER SECTION 286,Ol05~ FLORIDA STATUTES
SECTION 20-84 - APPEALS FROM DECISIONS OF THE BOARD OF ADJUSTMENT
(1) Any person. or persons, jointly or severally ag9rieved 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 ~elief. A'fter a hearing .before the City Council an
'i".i,,,. aggrieved party may, within thirty (30) .days efter the decision of
t~{:;'>.':, the City Counci I, fil e' an appeal with a: court of c~~p.etent
~ll~risdiction over t~~. .~~.bie~t.;~~[tt;;:'~.L . ,t~:f.:~