HomeMy WebLinkAbout2001 12 06 EXEMPTION Regular Item A
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BOARD OF ADJUSTMENT
AGENDA ITEM A
December 6.2001
Meeting
REQUEST: Community Development Department presents to. the Board of Adjustment the
request of Ms. Catherine Wagner for an eight (8) foot variance from the
established 20-foot rear yard setback line at her residence located at Lot 100, Fox
Glen at Chelsea Parc, at Tuscawilla, .
PURPOSE: The purpose of this agenda item is to consider a request by Ms. Catherine Wagner
for a variance to allow a portion of an addition to the existing single family
residence to encroach into the 20-foot rear yard building setback (a variance for 8-
feet), in contrast to the 20-foot rear yard setback set forth in note number 4 on the
face ofthe Fox Glen at Chelsea Parc, Tuscawilla, final subdivision plat (Plat
Book 49, pages 78-82, of the Public Records of Seminole County). The request
would allow Ms. Wagner to extend her existing living room, add one (1)
additional bedroom, two (2) additional bathrooms, and a porch. This would
extend the house an additional 14 feet to the rear, which would encroach eight (8)
feet into the 20-foot rear building setback.
APPLICABLE CODE:
Sec. 6-2. Compliance with chapter.
(a) No building or structure shall hereafter be constructed, altered,... except in
conformity with the provisions of this chapter.
Sec. 20-103. Restrictions upon lands, buildings and structures.
(c) Percentage of occupancy (lot). No building or structure shall be erected... nor
shall any open space surrounding any building or structure be encroached upon or
reduced in any manner except in conformance with the building site requirements
. .. for the district in which such building or structure is located.
Sec. 20-82. Duties and powers, general.
The Board of Adjustment shall make recommendations to the city commission to
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December 6,2001
BOA Agenda Item A
Page 2
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:
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 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
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September 6, 2001
BOA Agenda Item A
Page 3
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)
(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 processed 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
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September 6,2001
BOA Agenda Item A
Page 4
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.
(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 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:
November 21, 200 I - City received application for the variance.
4
September 6, 200 I
BOA Agenda Item A
Page 5
FINDINGS:
I). The site has been posted and abutting property owners have been notified as
required by Code.
2). The applicant has provided signed documentation from the Chelsea ParclFox
Glen at Tuscawilla Homeowners Association Architectural Control Board
certifying its approval of the variance.
3). There do not appear to be special conditions or circumstances which are
peculiar to the land, structure or building involved which are not applicable to
other lands, structures or buildings in the same zoning district.
4). The special circumstances do result from the actions of the applicant in that
she has chosen to care for her mother and is proposing to add on to her existing
house - with multiple rooms and a porch.
5). Granting the variance would confer on the applicant a special privilege denied
by this chapter to other lands, buildings or structures in the same zoning district.
6). A literal interpretation of the provisions of this chapter would not deprive the
applicant of rights commonly enjoyed by other properties in the same zoning
district under the terms of this chapter and would not work an unnecessary
hardship on the applicant. This is particularly evident since IF the house needs to
be expanded to accommodate the applicant's mother, the house could be
expanded (more modestly) without encroaching into the building setback areas.
7). The applicant has not demonstrated that this is not the minimum variance that
will make possible the reasonable use of the land, building, or structure. In fact, a
large expansion is proposed.
8). Granting the variance would not be in harmony with the general intent and
purpose of this chapter.
9). The Board of Adjustment must find the applicant's request consistent with all
six (6) variance criteria set forth in Section 20 - 82 of the City Code to
recommend approval.
RECOMMENDATION:
Staff recommends that the Board of Adjustment consider the variance pursuant to
the criteria outlined in section 20-82 and deny the request.
')
September 6, 2001
BOA Agenda Item A
Page 6
ATTACHMENTS:
A - Plot plan submitted with variance application
B - HOA Architectural Control Board approval documents
C - Variance application
D. - Letter to Abutters
BOARD OF ADJUSTMENT ACTION:
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PLA T OF SURVEY
DESCRIPTION (AS rURNISHEO)
LOT 100, FO~ GLEN AT CHELSEA PARCo TUSCAWlLLA, ACCOROING 10 --E Po.., '___"Eor.
AS RECCl10m IN PLA 1 BOOK 49. PAGES 7B-B2, Of mE PUBLIC RECORDS Of ;;::"'''~~:: :':'J"n. FLORIDA
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CER flFIEO TO:
CAmRINE M. "'.A(iNER
WllrTEMARK ~ FOX GLEN, l. rD.
PEOPU.S FIRST COMMlINny nANK
FlRST M1ERICM' lITLE INSURANCE COMPANY
GRAIlMl, Cl.ARK./ONES. nUIt.IlER. PRA rr " MARKS
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2001 Board of Directors
Jeff Miller 407.365.7777
Ray De Vallejo' 407.359.8043
Frank Horn 407.365.5539
Wayne Morris 407.366-0991
Dick Violette 407-:?65-5928
G\ n @Tuscawilla HOA
Chelsea Pare/Fox e
1 r,OOBraewick St.
'Nimer springs,FL 32708
^RCHITECruRAL CON~OL BO~t?E~Sel1lenI5lll1d Restrict/OJ's,
."'- if CondItIons Covenal. ,
estall!tshed in accordlmce will: pl'ovisiolls of Declaratton" , M ~ 1993.
^rllcle \II. Section 11, d.d 30 IU
. 1 Control13oard
Action by Ardutectura
Notice of Meeting Posted 48 hrs prior
Al '7 QbOJ
Date of Meeting: /V Ol} I . j I) S G L-6N
1':;-'2-1 ~_ C;OJ2
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P"u:-p~);?Weetir>.g: To considcT Tequest of . T ( ; -r. ) To T If 13 t< EA ~ () oF I
to ~ A 8eOR.noM EJ'i '7 eAJ<;/ _ __ 4 ._
HousE: A L'SD A f5A-T'1I j2.,6omS
ember prior III
. . b r 0 onent and roay be reviewed by any m
(plans & Spectfica.tions, cotor chips, etc, (if.any) are to be provlded In 2 cOples y r p
themeeti:ng if arranged wi~h the ChaiIperson.or Secretary of the ACB.
. . Archi.tectuIel Control Board (ACB) having
The Chelsea Parc at Tuscavnlla Home Ow:,-ers Assooation, hlC.,.. . n of the ACB and said proposed acti01lS
received a request to consider proposed action(s) under the jusisdictio () t ted md cot'lSidered the
requirinq approval of the ACB, the ACB on this date di~ convene for I:he P~~~d~a: flersonal prejudice for or
proposed action(s). The Axchiteclural Control Board, WIthout ~uence of mill . d ;1 squ.est made by:
aga:fnst any proposed action requiring ACB approval, the ACE did carefully COl1S1 .er e r
Proponents
'th t f the p~01JOl1entsl the
The ACE, in open session, did fully, fairly and impartially consIder e reques 0 () L ~ [if any]
presentation of .commen1:8 or opposing t positions by opponent S opponent
: . lv'tJ /u e he,lv PI }J co ~~~~:~
and did additionally Consider the request with respect to its impact upon the prope.rfies of other mem~erE1 o~
the HOA, the COlllUlOll property of the HO A, and any perceived negative or positive impact upon the v ues of
the affected properties, as well as the general welfare and benefit of the CODUl1UlUty and enhancement 0
Proponents property appearance and values_
The Architectural ConlTol Board of 01eIsea Pare at Tuscawil1a BOA., Inc., after proper nOtlce~hP ~
called, for the purpose of considering the written reql1est of PROPONENT(S), does hereb APPRQ.YliJl
DISAPPROVE the requested action and PROPONET may commence work in accordance wiili plans and
specl8.cations hereby approvcd by this action of the ACB, but such work shall not begin before the lapse of
eleven (11) days from date of this approval by the Architectural Control Board.
NC?T~CE OF APPEAL: (Artide VI, Section 11) ff any menlbel' of the HOA, governed by !:he Declaration, w not
sal15fied with any decJsion of the Architectural Control Board, b'U.ch member may Selld a written notice of
appeal to the Board of Directors C\sking the Board to review the decision of the ACB. Notice of any appefll
must comply with the provisions of Article VI, Section 11.
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Mentbe , ACB
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ChElirpersoll, ACB .-----
Member, ACB
A FJo:-.Jda C~lrorcdion Nol.for_ Profit. F.5. l()()~j flr/..l0t.
ff-VfOSED ADDlrlON To THE ~e-SIDE~E
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To: CPHOA
From: Catherine Wagner
Please see attached plans that I would like to add on to my home,
For my mother who's health is in need of my care.
If it is O.K. with CPHOA in my doing this I will need for the
Winter Springs City a list of all the home owners that are within
150 feet of my home. They are asking for their name, address, and phone
numbers if you could supply that for me.
Thank you for your assistance on this matter.
Sincerely,
~~ -
CoJ.~~ rv\-~
Catherine M. Wagner
October 15,2001
o
BOARD OF ADJUSTMENT APPLICATION
CITY OF WINTER SPRINGS
1126 EAST S~ATE ROAD 434
WINTER'SPRINGS, FL ,32708-2799
(407)327-1800
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SPECIAL EXCEPTION
VARIANCE
.CONDI'l'IONAL USE
ADMINISTRATIVE DECISION
FOR:
1.
APPLICANT: <ht:herire.M. W:Jgrer .PHQNE l{Jl':"?R:r47J4
ADDRESS: lS21 ~lPn IE. Winter~, Fl.. ,3Z700
PURPOSE OF REQUEST: TO have my mothei,.~ho's healih is needing
my care, to live with me, so I can help her when nee4e4.
2
3,
ATTACH A COPY OF THE PARCEL SURVEY.
ATTACH AN 11x 17 MAP SHOWING THE SUBJECT PROPERTY AND
SURROUNDING PARCELS.
4.
5.
ATTACH LEGAL. DESCRIPTION.
6. TAX PARCEL IDENTIFICATION NUMBER.: Lor 11100 1'521 Woodsl!len Dr.
7. LOCATION .OF PARCEL (Street Address and/or Nearest Cross
streets): 1521 Woodsglen Dr.
8. PRESENT ZONING: Residential
FUTURE LAND USE: Residential
By Signing below I understand that city of Winter Springs Officials
may ~nter upon my property to ins~ect that portion. as relates to
this application;
;.,.
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i.
(If the applicant is not the owner of the subject property, the
applicant must attach a letter of authorization signed by the
owner) .
. .
,.
Catherine M. Wagner
OWNER-PLEASE ~YPE ,
(kX:tl'-r"..~' W,. LU~~'\
OWNER-SIGNATURE ' ~
PERSONS ARE ADVISED THAT, IF THEY DECIDE TO APPEAL ANY, DECISIONS
MADE AT THESE MEETINds/HEARINGS, THEY WItL NEED A.RECORD OF THE
PROCEEDINGS AND FOR SUCH PURPOSE, THEY WILL NEED TO INSURE THAT A
VERBATIM RECORD OF THE PROCEEI?I~9.S IS MADE,. AT THEIR. COST, WHICH I ..
INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE ,!~
BASED, PER SECTION 286.0105, FLORIDA STATUTES .,.
SECTION 20-84 - APPEALS FROM DECISIONS OF THE BOARD OF ADJUSTMENT
(1) Any person, or persons, jointly or severally agg'deved 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 relief. After a hearing before the City Council an
aggrieved party may, within thirty (30) days after the decision of
the city. Council, file an appeal with a court of competent
jurisdiction over the subject matter.
--..........
Approved as to
Date:
Coordinator
0/1/91.
..
APPLICATION INSTRUCTIONS
A staff Report will be developed for each Application. The
Applicant should be prepared to address each of the issues provided
below for Variance requests. The application must be submitted in
typewritten format.
In order to grant a variance, the Board or Adjustment must make the
following findings of fact:
1. That special conditions and circumstances exist which are
peculiar to the land, structures or buildings "involved and
which are nGt applicable to other lands, structures or
buildings in the same zoning district,
2. That special conditions and circumstances do not result
from the actions of the applicant.
3. That grant{ng 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 enioyed
by other properties in the same zoning district under the
ter~s of this chipter and would work unnecessary hirdship on
the applicant.
5. That the variance
granted is the minimum variancethAl
reasonable use of the land, buildinq or
will ~~~}:z ~~ssi~le Ci'l~
structure.
6. That the grant of the variance ~ill be in harmony with the
genera'l intent and purpose of this chapter, wi 11 not be
iniurious to the neighborhood, or otherwise detrimental to the
public welfare.
7. The reguest must be consistent with the obiectives and
policies of the Comprehensive Plan,
THE APPLICANT IS RESPONSIBLE FOR PROVIDING THE CITY WITH THE NAMES
AND ADDRESSES OF EACH PROPERTY OWNER 'WITHIN 150 FT. OF EACH
PROPERTY LINE BY THE SCHEDULED TIME.
THE APPLICANT IS RESPONSIBLE TO POST THE BLUE NOTICE CARD ON THE
SITE AT LEAST SEVEN DAYS PRIOR TO THE BOARD OF ADJUSTMENT I1EETING
AT WHICH THE MATTER WILL EE CCNSIDERED: SAID NOTICE SHALL NOT BE
POSTED WITHIN THE CITY RIGHTS-Of-WAY.
~:~ ":,.' .-=,.:::.\~.;:"',,":-~:','f". t.'........:.~.. \>'l'.:~' -tl- . :~'. ~,,;~; :~~........'t:..; ~ ' ~.:..:J'~7:~\t;'.i ....;;;.;.;.:~:;_ 'i-!.:..~~~ ~.~'F"'i<-:' ~:.:I.':.;"'rr":'.'4?;': J-f: ~;~:J;:"~;<.: ,"!/'.~y,.."':.~~.)~;i..-~'t:Xi.~":~;~ 'I'"",_~,?~..;.~-'-(
KATHLEEN J. RICHARDSON
CATHERINE M. WAGNER
675 ANDOVER CIA.
WINTER~e~INGS,FL 32708
4631
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November 28, 2001
RE: Variance to Extend House 8' into 20' Rear Building Setback
Dear Adjacent Property Owner:
The Winter Springs Board of Adjustment will consider a request, on Thursday,
December 6, 2001, by the property owner, Catherine Wagner, for a variance from the
requirements of Section 6 - 2 and Section 20 - 103 of the City Code of Ordinances, to
allow the existing house to be extended 14 feet to the rear, 8 feet into a 20-foot rear yard
building setback, for property at Lot 100, Fox Glen.at Chelsea
Pare, at Tuscawilla). The Board of Adjustment meeting is held at the City Hall, located at
1126 East State Road 434, and begins at 7:00 P.M.
Please contact me at (407) 327 - 5966 if you have any questions about this
variance.
Sincerely,
4L c~G...r
/ John C. Baker, AICP
Current Planning Coordinator