HomeMy WebLinkAbout2001 05 03 Regular Item B
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BOARD OF ADJUSTMENT
AGENDA ITEM B
May 3,2001
Meeting
REQUEST: Community Development Department presents to the Board of Adjustment the
request of Highlands Homeowner's Association for a variance to Section 6-191
which limits intersection obstructions.
PURPOSE: The purpose of this agenda item is to consider a request of Highlands
Homeowner's Association for a variance to allow the replacement of an existing
community fence located in the common area which would not meet the
requirements of Sec. 6-191, because the existing fence was not constructed 25 feet
from the corner.
APPLICABLE CODE:
ARTICLE VITI. FENCES, WALLS, HEDGES
See. 6-191. Limitations when adjacent to street, intersection.
To avoid obstruction of clear vision around or through corners on corner lots, no
fence, wall or hedge shall be erected, planted grown within twentyOfive (25) feet
of the intersecting property line corner adjacent to the street intersection corners.
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
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. Proced u res.
(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:
(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.
(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.
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 (I) 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 of time 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:
April23, 2001- Variance application received by City
FINDINGS: 1) The original fence was constructed prior to the adoption of the applicable City
regulation.
2) A stormwater retention area is currently located behind the fence that limits
the relocation of the fence to meet the code requirements.
3) The requested variance is a result of special conditions and circumstances
which are peculiar to this property.
4) The literal interpretation of the Code would deprive the applicants of rights
commonly enjoyed by other properties in the same zoning district.
5) The requirements listed under Section 6-191 have not been met.
6) The requirements of Section 20-82( 1 )c. have been met.
May 3,2001
BOA Agenda Item _
Page 5
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
B - Property Map
C - Variance Application
D - Letter from Highlands Homeowner's Association
E - Site photographs of existing fence.
BOARD OF ADJUSTMENT ACTION:
F
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HIGHLANDS GLEN
A REPLA T OF TRACT 8,THE HIGHLANDS SECTION THREE
CITY OF WINTER SPRINGS,SEMINOLE COUNTY, FLORIDA
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Curve Delta Angle Radius Arc
1 2.38'38' 1545.74 71.32
2 2'09'01' 1545.74 58.01
3 3' 4T48' 1545.74 102.43
4 7.19'50' 830.23 105.22
5 7"33'29' 25.00 3.30
6 4 '00'49' 132.76 9.30
7 21.18'51' 25.00 9.30
8 86.28'01' 10.00 15.09
9 1 1.36'28' 152.27 30.85
10 86'28'01' 10.00 15.09
11 11.36'28' 152.27 30.85
12 23.36'42' 25.00 10.30
13 96'21'36' 10.00 16.82
14 3'53'12' 100.27 6.80
15 35.41'30' 25.00 15.57
16 35'41'30' 25.00 15.57
LEGEND
JOB NO.: 01 ~27
DATE:
FIELD: 01~16-01
SIGNED: 01-23~1
DRAWN BY: JWJ
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NOTES:
I. THIS SURVEY WAS PREPARED FROM TITLE INFORMATION FURNISHED TO THIS SURVEYOR. THERE MAY BE OTHER RESTRICTIONS OR
UNRECOROED EASEMENTS THAT AFFECT THIS PROPERTY.
2. NO UNDERGROUND IMPROVEMENTS HAVE BEEN LOCATED UNLESS OTHERWISE SHOWN.
3, THIS SURVEY IS PREPARED FOR THE SOLE BENEFIT OF THOSE CERTIFIED TO AND SHOULD NOT BE RELIED UPON BY ANY OTHER ENTITY
(DIMENSIONS SHOWN FOR THE LOCATION OF IMPROVEMENTS HEREON SHOULD NOT BE USED TO RECONSTRUCT BOUNDARY LINES.
5. BEARINGS ARE BASED ON RECORD PlA T DATUM AND ON THE LINE SHOWN AS BASE BEARING (BB).
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Not void without 1M .;gnalln ond 1M
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~Boundary SURVEYORS
And LB 456.\
Mapping
Associates. Inc.
109 W. ORANGE ST
ALTAMOIITE SPRINGS. FL
32714
PH. (401) 696- 1155
FENCE LOCATION SURVEY
FOR
THE HIGHLANDS HOMEOWNERS ASSOCIATION
PSM 4243
BOARD OF ADJUSTMENT APPLICATION
CITY OF WINTER SPRINGS
1126 EAST STATE ROAD 434
WINTER SPRINGS, FL .32708-2799
(407)327-1800
FOR:.
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SPECIAL EXCEPTION
VARIANCE
'CONDITIONAL USE
ADMINISTRATIVE DECISION
1.
APPLICANT: ).{I~HI.JrNOS J...I.Me..own~'" .4~.PHQNF(.'fQ7)32.7-()~*0
ADDRESS: .22.00 s:t....pard 'Ru..dw.:'tcr- yr'~.1s l f."L. 3'-708
PURP.OSE OF REQUEST: :7 :::~~a_ e \( ~~~1 ~~" ~ eo 7 HA,.: is' .
IN tl. 5+...+", iiI' --'5.-f-- ..........'" ~_J,.r_ t-. our t:o_u....T''f
2
3.
ATTACH A COPY OF THE PARCEL SURVEY.
ATTACH AN 11 x 17 MAP B~OWING THE SUBJECT PROPERTY AND
SURROUNDING PARCELS.
4.
5.
ATTACH LEGAL DESCRIPTION.
6. TAX PARCEL IDENTIFICATION NUMBER:
~/A
7. LOCATION OF PARCEL (street Address and/or Nearest Cross
streets):
'SHe.A H -..I ~"Hf-Ic y
8. PRESENT ZONING:
FUTURE LAND USE:
By Signing below' I understand that city of Winter Springs Officials
may ~nter 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) .
J(.v<..... 'P.....:.., L .Ai\....1 ~ o f'-I pr..,_ ror..,
OWNER-PLEASE TYPE /\I.......... ,C.r
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OWNER-SIGNATURE. ;C,,A. 'THe l..ftl-#I..A-""()f'
"I.I,~<-. """....c.... ~~.c.-.
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 ~,.
BASED, PER SECTION 286.0105, FLORIDA STATUTES
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SECTION 20-84 - APPEALS FROM DECISIONS OF THE BOARD OF ADJUSTMENT
(1) Any person, or persons, jointly or severally aggrieved 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, appl y to the City Council for
administrative relief. After a hearing before the city Council an
aggrieved party may, within thirty (30) days after the decision of
the City Council, fil.e an appeal with a court of competent
iurisdiction ov~r th~ suhi~ct mRttAr.
lIn~
Homeowners'.
Association.
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2200 Shepard Road
Winter 'Sprlngs, Florida 32708 .
(407)327-0640
The Highlands Hom,eowner. Association is requestiitga variance in the corner
setback requirements for thefericethey are seeking to replace on Sheoah Blvd.
at the north and South entrance into the. ~ighlands Glen property.
1. This variance, if granted, is the minimumvarhince that will make possible
reasonable use ofthe land to accommodate the storm water retention area.
and thefence.buffer for those properties that b'ackup to Sheoah Blvd. This.
variance will allow replacement ofthe fence "vhere it is currently located.
2. Behind' the existing fence is the required storm water retention area and
storm water. retention structures whiCh prevent Ipoving.thefence line further
back from the street.
3. There is no other possible area on the property for use as a stormwatE~r
retention area. '
4. Granting this variance will not confer any special privilege to the applicants
denied to other. lands, 'buildings and structures in the same zoning district.
5. These special conditions were. not the result of action by the applicants.
6. The currentlocation of the fence at the north and south entrance does not in
anyway restrict visibility for those persons enterIng or exiting the property.
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04/12/2001 - Highlands Glen Circle
South Entrance/South Side
04/12/2001 - Highlands Glen Circle
North Entrance/North Side
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