HomeMy WebLinkAbout2001 05 03 Regular Item A
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BOARD OF ADJUSTMENT
AGENDA ITEM A
May 3.2001
Meeting
REQUEST: Community Development Department presents to the Board of Adjustment the
request of the First Baptist Church of Winter Springs for a variance to Section 9-
278 (9) requiring parking spaces be graveled or hard-surfaced.
PURPOSE: The purpose of this agenda item is to consider a request of the First Baptist
Church of Winter Springs for a variance to allow grass parking for any additional
parking spaces provided by the applicant above those required by Section. 9-
277(21) of the Code of Ordinances and to allow no curbing for those additional
spaces.
APPLICABLE CODE:
Sec. 9-278. General provisions for off-street parking.
(9) Location of parking spaces. Parking spaces provided pursuant to this section
must be graveled or hard-surfaced and properly drained and shall be located
on the same property as the principal building, or on a properly zoned lot
within three hundred (300) feet of the building.
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
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any variance from the terms of this chapter, the board of adjustment must
and shall find:
I. 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
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
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) .....
May 3, 2001
BOA Agenda Item_
Page 3
(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 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:
(I) 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.
(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.
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May 3,2001
BOA Agenda Item _
Page 4
(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:
April 23, 2001- Variance application received by City
FINDINGS: 1) The church will essentially meet the intent of Code of Ordinances by
providing more spaces than required. Only the additional spaces above those
required by the Code would be unpaved.
2) The requirements listed under Section 9-278(9) have not been met.
3) The requirements of Section 20-82(I)c. have been met.
RECOMMENDATION:
That the Board of Adjustment consider the parameters outlined in section 20-82
(1) and (2) and make a recommendation to the City Commission.
ATTACHMENTS:
A - Legal Description
May 3,2001
BOA Agenda Item _
Page 5
B - Property Map
C - Variance Application
BOARD OF ADJUSTMENT ACTION:
PROPOSED LEGAL DESCRIPTION PARCEL 2A:
COMMENCE AT THE SOl.JTHWEST CORNER OF SECTION 35, TOWNSHIP 20 SOUTH, RANGE 30
EAST, SEMINOLE COUNTY, FLORIDA, RUN N 01.01 'OS" W Al-ONG THE WEST LINE OF SAID
SECTION 35, A DISTANCE OF 1024.43 FEET; THENCE RUN N 6S'3a'SS" E 1116.19 FEET,
THENCE RUN S 24.21 '05" E 100.23 FEET, THENCE RUN N 65'38'55" E 848.01 FEET TO A POINT ON
THE EAST RIGHT OF WAY LINE OF STATE ROAD 434 AND THE POINT OF BEGINNING; THENCE
CONTINUE ALONG SAID RIGHT OF WAY LINE N 6S'38'SS" E 87,18 FEET, THENCE RUN
S 24.21'05" E 15.00 FEET TO A POINT ON A CURVE CONCAVE TO THE SOUTH HAVING A RADIUS
2176.83 FEET, THENCE FROM A TANGENT BEARING OF' N 65'39'33" E RUN NORTHEASTERLy
ALONG THE ARC OF SAID CURVE 193.32 FEET THROUGH A CENTRAL ANGLE OF 05'05'18",
THENCE RUN S 07"51'20" E 478,85 FEET ALONG UNOPENED RIGHT OF WAY TO A POINT,
THENCE DEPARTING SAID RIGHT OF WAY RUN N 62'02'18!' W 13~i.51 FEET TO Tril:: POINT
OF CURVATURE OF A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 383.00 FErr,
THENCE RUN 208.80 FEET NORTHWEST/::RLY ALONG SAID CURVE TO THE POINT OF TANGENCY,
THENCE RUN N 30'48'07". W 86.28 FEET TO A POINT, THENCE RUN N 07~54'OO" W 99.58 FEET
TO THE POiNT OF BEGINNING, CONTAINING 2.08 ACRES MORE OR LESS. '.
,
PROPOSED LEGAL DESCRIPTION PARCEL 2B:
COMMENCE AT THE SOUTHWEST CORNER OF SECTION 35, TOWNSHIP 20 SQUTH, RANGE 30
EAST, SEMINOLE COUNTY, FLORIDA, RUN N 01'01'05" IN ALONG tHE WEST LINE OF SAID
SECTION 35, A DISTANCE OF 1024.43 FEET; THENCE RUN N 65.38'55" E 1116:19 Fl::rr,
THENCE RUN S 24'21 '05" E 100.23 FEET, THENCE RUN N 65.38'55" E 848.01 FEET TO A POINT ON
THE EAST RIGHT OF WAY LINE OF STATE ROAD 434, THENCE. CONTINUE ALONG SAID
RIGHT OF WAY LINE N 65'38'55" E87. 18 FEET, THENCE RUN S 24'21'05" E
1S.00 FEEf TO f\ POINT ON A CURVE CONCAVE TO THE SOUTH HAVING A' RADIUS OF
2176.83 FErr, THENCE FROM A TANGENT BEARING .oF N6S.39.33.... E RUN NORTHEASTERLY
ALONG THE ARC OF SAID CURVE 193.32 FEET THROUGH A CENTRAL ANGLE OF 05~05 '18",
THENCE RUN N 66.33'18" E 26.85 TO A POINT ON A CURVE CONCAVE TO THE SOUTH
HAVING A RADIUS OF 217f3.83 FEET AND THE POINT OF BEGINNING, THENCE CONTINUING
ALONG SAID RIGHT OF WAY FROM A TANGENT BEARING OF N 71"42'44" E RUN
NORTHEASTERLY AlQNG THE ARC OF SAID CURVE 98.62 FEET THROUGH A CENTR,A,L ANGLE OF
02'35'45'., THENCE RUN N 88.18'07 E 49.40 FEET, THENCE RUN N 56.5.1"5" E
34.81 FEET TO A POINT ON A CURVE CONCAVE TO THE, SOUTH HAVING A RADIUS OF
2176.83 FEET, THENCE FROM A TANGENT BEARING OF N 76.26'18" E RUNEASTERL Y
ALONG THE ARC OF SAID CURVE 201.03 FEET THROUGH A CENTRAL ANGLE OF 05'17'28",
THENCE DEPARTING SAID CURVE RUN S 07"43'58" E 603.94 FEET, THENCE CONTINUE
S 07"43'S8" E 140.00 FEET, THENCE RUN S 83.04'32" W 377.99; THENCE RUN N 07"46'51" W
701.84. FEET ALONG UNOPENED RIGHT OF WAY TO THE POINT OF BEGINNING, CONTAINING
6.315 ACRES MORE OR LESS.
THE FOLLOWING PARCELS ARE INCLUDED IN THIS SURVEY AND THE LEGAL DESCRIPTION ABOVE:
LOT 9, BLOCK 'D', DR. MITCHELL'S SURVEY OF THE LEVY GRANT, ACCORDING TO THE MAP OF PLAT
THEREOF AS RECORDED IN PLAT BOOK 1, PAGE 5 OF THE PUBLIC RECORDS OF SEMINOLE COUNTY,
flORIDA, LESS THE EAST 1028.5 FEET. ALSO LESS THE SOUTH 140.00 FEET THEREOF AND LESS RIGHT OF
WAY FOR STATE ROAD 434.
TOGETHER WITH THE FOLLOWING DESCRIBED PROPERTY:
PARCEL A: . T-HE SOUTH 140.07 FEET OF LOT 9, BLOCK D, D.R. MITCHELL'S SURVEY OF THE
LEVY GRANT. AS RECORDED IN PLAT BOOK 1., PAGE 5, OF THE PUBLIC RECORDS OF SEMINOLE
COUNTY, FLORIDA, LESS THE EAST 1028.5 FEET. .
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HMERICAN
CIVIL ENG.
CO.
(407)327
-7700
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BOARD OF ADJUSTMENT APPLICATION
CITY or WINTER SPRINGS
1126 EAST STATE ROAD 434
WINTER SPRINGS, rL 32708-2799
(407)327-1800
FOR:
SPECIAL EXCEPTION
VARIANCE
'CONDITIONAL USE
ADMINISTRATIVE DECISION
x:
APPLICANT: f1~1 BAFr/S1 C.1.hJ~ OfkJltJ1et ~Rlf!i~HQN'tfc:11 ) 0"lq-~<oOO
ADDRESS: f.'O',B>oX /'1?I44 W/tJ1ee SftINbS, FL. ~2.7J4-?1fc.f
2 &4P RPOSE: OF R'EQUEST: 10 ~L-L~~ t~s rt~r.JG'~~J .p~fJ6>
~ ~1P~ ~01~ Ae N _QC.__b~~_ 10
J'Z-j::::.'_6 .
1.
3. ATTACH A COPY OF THE PARCEL SURVEY.
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4.
ATTACH AN 11 x 17 MAP.S~OWING THE SUB~ECT PROPERTY AND
SURROUNDING PARCELS.
5.
ATTACH LEGAL' DESCRIPTION.
-z.(p~20-3o- 7A/Z-oDco-w1 A
2<0 -2D'~3o --:SAf?- -o[)co -ooc} k.
NUMBER: 34-20-3o-5Aw-00c0.oZ<cA
6.
TAX PARCEL IDENTIFICATION
. .
7. LOCATION OF PARCEL (Street Address and/or N,arest Cross
streets): 560fH -;;(-oe;OFS~LJ-3~ A-r/f'J1ee.."5Gt....({Qo.J uJ_~4-14
8. PRESENT ZONING: ~~-J
FUTURE LAND USE: CoMN1et2-cl PrL
By Signing below'I understand that City of Winter Springs Officials
may ~nter upon my p~operty to inspect that portion. as relates to
this application;
(If the applicant is not the owner of the subject property, the
applicant must atta'ch a lettez: of authorization signed by the
owner)
-:Tc::>l-}tJ BuSt+
~(J;;(
o ER-SIGNATURE.
PERSONS ARE ADVISED THAT, IF THEY DECIDE TO~PPEAL 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 ~."
BASED, PER SECTION 286.0105, rLORIDA STATUTES
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SECTION 20-84 - APPEALS rROM DECISIONS OF THE BOARD OF ADJUSTMENT
(1) Any person, oz: pez:sons, jointly or severally aggrieved by
any decision of the Boad of Adjustment may, within thidy (30)
days after the filing of any decision in the office of the Board of
Adjustment, but not thez:eaftez:, apply to the City Council for
administrative relief. After a hearing before the City Council an
aggz:ieved party may, within thiz:ty (30) days aftez: the decision of
the City Council, tile an appeal IJith a couz:t of competent
jurisdiction over the subject ~attez:.
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Date:
Coordinator
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Appz:oved as to for~
Communi.t