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Home My WebLink About2002 03 07 Regular Item A BOARD OF ADJUSTMENT AGENDA ITEM A March 7. 2002 Meeting REQUEST: Community Development Department presents to the City Commission the request of the Paul and Vicki Starks for a variance from the established rear yard setback line at Lot 6, Block H, of the Ranchlands, Section lA, more commonly known as 210 Arnold Lane. PURPOSE: The purpose of this agenda item is to consider a request by Mr. and Ms. Starks for a variance to allow a portion of their proposed home to encroach to within 10 feet of the rear property line (25 foot or 71 percent encroachment) on the northwest side of the lot, instead of the 35 foot rear yard setback set forth for the R-CI zoning district in Section 20-146 of the City Code of Ordinances. APPLICABLE CODE: Sec. 5-1. Intent and purpose: applicability; definitions. (a) Intent and purpose. These arboreal standards of the city declare the tangible and intangible value of trees and plants to the citizens and the community in that they playa vital role in the natural ecosystem of the city, benefiting the air, water, soil, wildlife and other vegetation of the environment, and in that greenery as well contributes to the aesthetic aspects of life. Therefore, precedent to any activity which requires alteration of the natural vegetation on the land, an application shall be presented to the city for review of the extent and necessity of removal or destruction of trees. . .. 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. 20-146 Front, rear and side yard regulations. The following yard regulations shall apply in the R-CI Single-Family Dwelling Districts: (1) Front yard. The front yard shall not be less than fifty (50) feet in depth. September 6, 2001 BOA Agenda Item A Page 2 (2) Rear yard. The rear yard shall not be less than thirty-five (35) feet in depth. 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: 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. September 6, 2001 BOA Agenda Item A Page 3 (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) ..... 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 September 6, 2001 BOA Agenda Item A Page 4 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 fro~ 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: January 25, 2002 - City received application for variance. September 6,2001 BOA Agenda Item A Page 5 FINDINGS: 1). Lot No.6, Block H, is within the R-CI zoning district and has a Lower Density Residential Future Land Use designation. 2). The required rear yard building setback is 35 feet in the R-CI district. 3). The applicant has requested a variance to encroach 25 feet into the 35 foot setback, to within 10 feet of the rear property line (applicant cites an incorrect 20 foot rear setback). 4). The applicant's written explanation describes the need for a variance to save 2 live oaks, the graphic depiction shows several trees, and verbally, the applicant describes other potential areas on the lot as heavily treed. Thus, his argument is that, although there are other locations on-site to build a house, this variance affords the minimum tree removal. 5). City Arborist Mike Mingea, who has visited the site with the applicant, to help locate the house where it will cause the least tree loss, agrees that this appears to be the best location to minimize tree loss. Mr. Mingea has stated that the rest of the site has considerable tree cover. 5). Various other communities consider saving a significant tree or trees to be a valid reason for granting a variance to a building setback. RECOMMENDATION: Staff recommends that the Board of Adjustment consider the variance pursuant to the 6 criteria set forth in Subsection 20-82 (c). ATTACHMENTS: A - Boundary survey with hand-drawn (not to scale) depictions oflarge trees and proposed house B - Reduced scale photocopy of a portion of Plat Book 12, Page 32 C - Variance application BOARD OF ADJUSTMENT ACTION: ATTACHMENT A 1. THIS SURVEY WAS PREPARED FROM TITLE INFORMATION FURNISHED TO THIS SURVEYOR. THERE MAY BE OTHER RESTRICTIONS OR UNRECORDED EASEMENTS THAT AFFECT THIS PROPERTY. ~ Nfl ijNOERGROUND.iM?ROVEiviEi~TS HAVE SEEN LOCATCD UNLeSS CTHERW:SE SHOWN. ~_ IHiS SUt<\it="y. is ~t(Er:;;";:(t;u ;:GR i"nE SOLe DEi~Eril Of" THOSE CERTIFIED TO AND SHOULD NOT 8E RELIED UPON 8Y ANY OTHER ENT!TY. ~. :::.~::::::::~::::~ ~~':t-'~~ :~~ :~= ~C'':_ATI~''1 0~ IUOO(,\\ICUCt..IT~ '-I~C'=0M <:~('\r II n f\lnT RI= 11~F=n TO RFr.nNSTRLJCT BOUNDARY LINES. ~ c~c:.::;:~.::?-~~ .:.::: ~.:.~~:; !:~~ .:.~.SU:.~~Q ~:\:U~.~ :...:'~::: 0:,: :~= U!'!:: SHQ~A~~~ .t...S 8.A.SE g[A_R!~.!G (B8~ ... -:.. u:.., _ ~~c.=.-." , .-u- ,. 7=~. 'co 7.-.:.'= . X' &'A' PER F.LR.M. COMMUNITY PANEL NO. 1202950145 E DATED 04-17 -95. /' ~~IP NO' #~ c~ t ~~ a #~~ , /: '/'~ , r / ~'\,,~9>' /<1'J' " / ,4 //,/ / ~~1,r:s~5 0 / . / / r "- / ' / /0 \.,. /\ //~~(l,O )---,j 0_\//"\'.. o .''''-) Curve 1 2 3 4 5 ~!Mr;~le 36'23'08" 6'OT34' 12'35'14" 96'30'53" LAKE /' 7 Radius 40.00 109.86 209.59 757.84 40.00 I <11 \. RECRB , IC. " P.C. \ Arc 58.80 69.77 22.41 166.49 67.38 LOT 6 BWCK H (~ ,'1 r ~ R.~ '\ \ C,?~~. 'b ~~ ,~ \ SET IP LS '2') <'0 U APPROXIMATE .~ ----- TOP OF BANK' // SET IP lS 4243 /' '<T U Uj 5 ~.... ,~ wEll / / / r; / ~ Of / !:!; ~ / L~ ,j) 0'> .i~ .\ /i/ ",~7 1 ~l /' ~~. 'b~ \,.. i!>'\,. ~9. ~~ _c;.,~ :-;~ e:,<.) [NJ 13 SCALE l' = 50' CERTIFIED TO: PAUL STARKS Ii-S[:><II-' liON: LOT 6, BLOCK H, NORTH ORLANDO RANCHES SEC. 1A ,.:. ;~;;::~::;:;::;:::: ;~; :':":..: :;::;::~: !L, PAGE(Sj 31-32, OF THE PUBLIC RECORDS )~ ::;I::MINOLE COUNTY, FLORiDA Oi -045 JAIi=' FIELD: 01-29-01 SIGNED: 02-05-01 IW.ll\IVN ;:,;"y", .Jw.J .~.: T.F. LEGEND REC. - RECOVERED I.P. . IR~ PIPE I.C. . IllEGIBLE CAP . C.... - CONCRETE MONU"ENT R8 . REBAR RAD. . RADIAL NR . NOT RADlAl (Pl . PER PlAT (II) . AS lAEA9JRED (01 . PER DESCRIPTION P.O.L .POINTONUNE P.C. . POINT OF CURVAlIJRE P.l -POINTOFTANGENCY o CONCRETE PRC. POINT OF REVERSE CURVE RP. . RADIUS POINT R . RADIUS L . LENGTH OF ARC CA.CEN1RAIANGtE U.E.. UTlUTY EASElAENT o.E.. ORAlNAGE EASElAENT LE.. lNlOSCAPE EASElAENT SE.. SIDEWAlK EASElAENT P.P.. P(1NER POlE .X. . CHAIN UN!{ FENCE "0- WOODEN FENCE LAND SURVEYORS LB 4565 Not vak! without the signature and the original raised seal of a Fbrlda lcensod surveyor and mapper, Additions and deelions to survey maps or re~ by other than the signing party or parties Is prohibited without written nsent of the signing party or parues. tJ. Boundary And Mapping Associates, Inc. 109 WEST ORANGE STREET AL T AMONTE SPRINGS, FL 32714 PH. (407) 69&-1155 ATTACHMENT B ,. "l 0; ~ cis ~ .0.: .. ....~ ~'.'~ 'Ii OJ" ; ", (>~ ... ., '..~ rRAOE WINDS ROAD ~ 2.5"~.~~ 2.5.5.75. ~ ---- ~ .'5..$.75- 0 100' r %. "0. ~ " ~ ., , It i(\ I ","; '- \o.5G Ac ~ " , qo' .i50. ' .' ...... v lJ '0 ., IIlL ~ 0 '1: ~ 0 ~ ~ g ~~'b ~g ~." ~< C) :!: \, ~ ~ "< \J .Q <Q -: a llj. " Vi . ti I .. ~ I . >.J, :F Z7.!J7. ", ," ~..:f/ . e. i,'ne 0/ Lol /2'9. /J/ocJ& 0; ',~o1' . /' ..:" ol/he aA.M/kheIISvr"'7 ~..,.' '" o/lh<:Mo$~$ i~",yorO'" 'I . ~ PIal /Jookl, lOse .$,..5~rru'nclc ".' '. ' ./ ~o~".y~ F~. --~1 f~\1 . J ..' ~~ I .. ... R.. 25' P.' 25. I I I jY I 'r , , ~: j oil , '" "- v) "l '" ,. ..;> . .~ '. '\J "):-. <.i ' ~ ~ , 13.5- 'll / .. '70--- - 350.- .-- .213..93 . . -- fO. Jt.?3.-1c.:... POND ....Q. 7 2.1J!J/lc. " ~ r.; .. ~ \ \.; ~. Ai' J \._.~. {)4.4(!. 'I'l' 290.10. -". ......- , _~CO.G~' JOO. /.?<o of"~o' ~ ~ ~. oS. o. .... o. " " I, 10 2'.0/ 4c. ,{'I 15 0.57~1.. Q''': 80'-, , '" ~ .~ 1., '? <:S'dr.;;' "' " 'I 4 2.:;.; 4c 0 5 ~ G ~ 14 lie 0 '" 2 29 ;',. .., ~; " .,'; . ,t.~ ,(y~ '" ~ /4 Ci ,. " /.o>Ac .~, ). . ~f> 250' /'..v...l'.''!~.a I ci'.~ ,300' p';.ARNOLD~=~__ ''I Ij 0 ~ /50' ~ .... ::jloo' .6I!A.M, 0.0 "r ,Iv ,,!;.83"'.s':'.5rw.. ~: /2 ~.~ u ~ ~ ,:.... ~l \) O. Sol .:.1(.'"'-:"..,.. 0 ~9 Ac.~.. ... g ::!/.7?-'. 11 I ~ " <>: ("ICJG-.,C),zs..w. ) CJCJ3.7,s. " <>: ~ ~ "~._r.-:5/uw. I"}':.;Z SCALE iN r..7=, -:-~ :J("C <t/lU" >cc "".. 1.L.L'-41.1.," 1_. 100 " /<,'0 :.'00 -'ice "00 NOTES: =.-:::.-= Denole:;; Ulil';!! Co.:;emenls cmdare 7'/rom and oora/lel 10 -'he /0/ knc5. @ Deno/e Pcrrnonenf Reference Monurnenf.5 /PR.M) o Denole Iron Pipe, ATTACHMENT C 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 CONDITIo.NAL USE ADMINISTRATIVE DECISIo.N 1>~ 7- 7 IS- - 7 i:z. 9 C- ,/<17- 0 ?9-ISCo~ Ii ;C<.- .$'-:2-707 ,,(:ifl'. Iri..".., .. ~ ~B';-(ld-! ,,,(c::. 2-0 I ;- Hcnot4t::t.4'"'"" Z,J-r 1. APPLICANT: PAve- I? -r tltC.<-<1 !'. S'--;-AI?/LS ..PHONE 7'/1 (,..ftc.j). ~-{. A/l. eA~S&.O€/l-;z.r"/' ADDRESS: 2 PURPo.SE o.F REQUEST: 5C-r,3ACJ;(" E#~/Z , ACI.lM :U-(-;- -;;, ..,-,;;~ It Vf~ <Ptl-K Tf1, rE:.E.> . S~Ta,...~ 1Zt<:~,/l-f!."" e ..U- If t1)C /~' IJ,<-<- ftl-esEll.vp 7T{CZ 7'12.~U. 3. ATTACH A COPY o.F THE PARCEL SURVEY. 4. ATTACH AN 11 x 17 MAP SHOWING THE SUBJECT PRo.PERTY AND SURRo.UNDING PARCELS. 5. ATTACH LEGAL DESCRIPTION. Lts,;-:;'~ "~S"o.I/l.,rE.j' 6. TAX PARCEL IDENTIFICATION NUMBER: &)..--:2../ - 3~ -- S"c. -~'''O_ dOc' (j 7. LOCATION OF PARCEL (Street Address and/or Nearest Cross Streets): :210 IJrUId(..b c.,.J. tJ,.J-:-Zfl.- $'f~(Z..''''(C.=> Fe.. 11Z..~~t:. wrzs-;-oF= A/?,.{&><-f> t.,.J. M6 5'~,(R.I..(E ~:-- 8. PRESENT Zo.NING: ;2C-( FUTURE .LAND USE: ;2U,OZ,..!77AC 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; (If the applicant is not the owner of the subject property, the applicant must attach a letter of authorization signed by the owner) Pt~.J<.. B. :5"" ,l1lveS o.WNER-PLEASE TYP~ o.WN~!~ '.R~--.""~!) &.', CIT: ~ N,..~; ~.s.< ~~~f~GS ( aUICDING DEPARTMENT PERSbNS ARE ADVISED THAT, IF THEY DECIDE TO. APPEAL ANY DECISIo.NS MADE AT THESE MEETINGS/HEARINGS, THEY WILL NEED A RECORD o.F THE PROCEEDINGS AND Fo.R SUCH PURPOSE, THEY WILL NEED TO INSURE THAT A VERBATIM RECORD o.F THE PROCEEDINGS IS MADE, AT THEIR COST, WHICH I INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO. BE .~J BASED, PER SECTIo.N 286.0105, FLo.RIDA STATUTES .j. 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 mai, 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 Counci 1 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 o Date: Coordinator ~/1f /91. CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS. FLORIDA 32708-2799 . Telephone (407) 327-1800 Fax (407) 327-6695 Code Enforcement ~m:"lOnANnlP1 TO: John Baker, Planning Dept. FROM Michael Mingea, City Forester DATE March 7, 2002 RE Variance request at 210 Arnold Lane By request of the applicant I visited the site above to review the positions of the trees on the lot in regards to proposed new home construction. As a conservationist I am thrilled "to be able to save viable trees prior to construction. All too often trees are treated as inanimate objects and serious or permanent damage occurs to the plant during construction. By taking steps prior to the construction process in order to avoid or protect the trees, they can be saved and actually be an asset to the property. The site in question would benefit by moving the pad of the house so the roots of the two Live Oaks would not be damaged. The site has several areas with nice stands of trees, most of which are drought tolerant Florida native species. In order to keep the tree canopies intact on other parts of the site, it would be best to place the house at the proposed variance spot. As a construction precaution, barrier fencing must be installed around existing trees that.will be in the construction area prior to any clearing or building. An arbor permit will be necessary if any trees are removed. Any fill dirt or grading that will occur will need permitting prior to occurance and with the proper protection for the tree roots. Myrecommend~tion as city forester is that .the preceeding items be requirements for issuance of a variance. fY1 {~~mvy/f G tv {ed[u- J:::'e....~