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HomeMy WebLinkAbout2002 05 02 Regular Item A -" BOARD OF ADJUSTMENT AGENDA ITEM A M~ A . . 2002 Meeting REQUEST: Community Development Department presents to the Board of Adjustment the request of Ms. Irene Clark for a variance from Section 6-2 of the City Code to encroach 7 feet into the established 25-foot rear yard building setback line at Lot 4 of the Highlands Section Four, 763 Sheoah Boulevard, in the Highlands Planned Unit Development (PUD). PURPOSE: The purpose of this agenda item is to consider a request by Ms. Irene Clark for a variance to allow a portion of an existing 135 square-foot screen porch be removed and replaced in conjunction with construction of a totally new adjacent 100 square-foot screen porch to encroach to within 18 feet of the rear property line (a variance for 7 feet), in contrast to the 25 side rear yard setback set forth for the Highlands Section Four. APPLICABLE CODE: Sec. 6-2. Compliance with chapter. (a) No building or structure shall hereafter be constructed, altered, ... except in conformity with the provisions oftms chapter. (b) No building or structure shall be altered in any manner that would be in violation of the provisions of this chapter or any authorized rule or approval of the building inspector made and issued pursuant to 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 grant any variance or special exception as delineated in this chapter. ....- " September 6, 2001 BOA Agenda Item A Page 2 \~ (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 recommend a reasonable time limit within which the action for which the variance ;. May 2, 2002 BOA Agenda Item A Page 3 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 by ordinances of the city, the person requesting the unauthorized action must .~ May 2, 2002 BOA Agenda Item A Page 4 submit an application pursuant to section 20-28. (f) Appeals to the b()ard 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 app~al 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 provisio~s 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 11, 2002 - City received application for variance. ..... May 2, 2002 BOA Agenda Item A Page 5 . FINDINGS: 1) The applicant has not provided a written explanation of how the variance request conforms to all six of the variance criteria set forth in Section 20-82 of the Code. 2) Staff does not find that the variance request conforms to the six criteria set forth in Section 20-82 of the Code. -- 3) The rear yard building setback is 25 feet in the Highlands Section Four. 4) The existing 135 square-foot (9 x 15) screen porch encroaches 5 feet into the rear yard building setback. 5) To remove, replace, or enclose the existing screen porch in its current location would require a variance - regardless of the totally new 100 square-foot (10 x 10) addition. RECOMMENDATION: Staff recommends that the Board of Adjustment consider the variance request pursuant to the criteria outlined iri section 20-82 of the Code. Approval requires consistency with aU six criteria. Staff recommends denial. ATTACHMENTS: A - Plot plan submitted with the existing and proposed screen porch drawn in B - Variance application BOA ACTION: ATTACHMENT A 3 - :. '';':~:''~~ ,.-;aw.: . LOT 9-. hi - I I . Legal Description: The. 1-l (9 qrte:::lG Se.c-r-ton Fowr Recorded iri Plat Book t'?J Page I <4-=1- of the Public Records of '3 ern l.no Ie. {.. f ~....;,(,~ rf ~. 4l.~'" .., IO\: ......x 1: :\ /'/-t' Counly, ,Florida F.e.r- FI= +- ~,'. <- C:::J . / =- Q.(- " .t-:..qs fO' 180 ~/ "7 ' I----. '2/" ~....-' Ne9hbor Ie, '-VOQd I. .fence.. ~ --- - ........... --. ~...( Co.. 0 a( . ~o ~r-... ~L ~(:a~- .~)~ ~"Q<<\" "'> l~, . . C)~.!; ~:: "-I,.'? a ~ . . ~, ~/~/: ~/'eQ'(~",.c".. . ,. SURVEYOR'S CERTIfiCATION I 7\1,.. ---t ~~-...:: . ThIs Is Co wtlty tNrl Ny. con'u:'od 'no foder" Insut.nc. ~mlni'lllllon liood I . haurd boundary map and found INI lhe r--. r--.. / bulldl"ll site on the a boy. descrlt>:d pro. ~ , ~Is=,,~~~ ~~~ floOdl. I hereby.certJfy that the survey repre.sented on thl~ mop ,,!,~~,made l,J.Q9SLf!lY .dlre~lo[)on the c!.ate sh6w.!lb.~s~_d on the. -mforrriation furnished to me lIS noted and confo.rms to the MINIMUM TECHNICAL STANDARDS fOR LAND SURVEYING IN THE STATE Of FLORIDA In accordance with CH. 21HH.6. Florida Administrative Code and that there is no evidence on the ground of use. of the property .which might suggest a possible claim of easement other than those shown on the survey. The ~"'eyor h.u nol obstracled the lands sho",n hereon for ..semenlS and/or rights 01 ",oy 01 record. I No underground Installollons or Improvemenls have been \ocoled e.cept os noted. lCowrdar- 9wr-ve Oato: lYbr-: 1), l~57 '- ::.:.~:. . ," ",' .,. Cortlr to Job No.: Scalo: '" 2'859-3 .., ~ . '20 LEQEND . = Iron Rod <tt'~2-l.08 o c Ir"n f-!jP,<: I--Jo;.'itc o = Conc. Monument o = Nail (. Disc. x = Cross Cut IJI!IIJ& Irene G. Clark & Shader & St~n. Attorneys Title Insurance Co~pany of Minnesota 2601 WELLS AVF.NUE. SUITE 181 FERN PARK. FLORIDA 32730 CERT. I-!O. I.B.2108 Revised: ATTACHMENT B . ,'p ;;;r,'f t7 ? if J '2-/ 'ill/V r B.OARD OF ADJUSTMENT APPLICATION CITY OF ~INTER SPRINGS 1126 EAST S~ATE ROAD 434 i~INTER' SPRINGS, FL .32708-2799 (407)327-1800 fOR: SPECIAL EXCEPTION VA.RIANCE .CONDIT IONALUSE ADMINISTRATIVE DECISiON P<. 1. APPLICANT; Et!"N8 G: Oq....k. ... . .PHQNE ~7-~ f'f'-so.r;9 ADDRESS; 7~3"s:?c:'i?4 h e/V~.. 4J'~~'~.f.rR.~?ocP 2 PURPOSE OF REQUEST: e.~~C O/q/ .p;:/~''''.o ~;~~ ~ ~n~_ ~;.~-;,~ 9J( /r ~__ ~'f /.r- ~ _ ~~ ,':____ ~ . 3. ATTACH A COPX OF THE PARCEL SURVEY. 4. ATTACH AN 11 x..17 MAP S~OWING THE SUBJECT PROPERTY AND SURROUNDING PARCELS, 5. ATTACk LEGAL'DESCRIPTION. 6. TAX PARCEL IDENTIFICATION Cross -8. PRESENT ZONING: ~ FUTURE LAND tJ SE: ' By Signing below' I u.nderstand that City o.f Hinter Springs Officiars may enter upon my property to inspe.ctthat p.ortion, as relates to this application: .:~; (If the applicant is not the owner ~t the iubject property, the appl.icant must' attach. a letter of authorization signed by the owner) . .::r;.6/VL C. C~~..~ OHNER-PL€ASE TYPE ~~ 4 ~~/ QHNER-SI~TURE, " . REr;E--. "'f~O APR 1 1 Z002 ~ t~. ,. . - F WIN. 1.:1'< ~I"'HINGS : C:;J.&'NG DEPARTMENT . ~ . . PERSbNS ARE ADVISED THAT,. IF THEY DECIDE TO AP~EAL.ANY;bECISIONS HADE AT THESE HEETINds/HEARINOS, THEY WItL NEED A,RECOR6.0F THE PROCEEDiNGS AND FOR SUCH PURPOSE, 'l'HEYWILL NEED TO INSURE THAT A . VERBATIM 'RECORD PF THt PROCEEDINGS IS.H~DE, .AT'THEIR 'COST; WHICH. . INCLUDES THE TESTIMONY AND EVIDENCE UPO~HHICH THE A~PEAL IS TO BE,:'~ BASED, PER SECTION 286.010~, FLORIDA STATUTES .,' SECTION 20-84 ~ APPEALS FROM DECI~IONS OF THE BOARD OF ADJUSTMENT . (1) Any person, or persons, .jointly or severcllly 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 tor administrative ~elief. After a hearing.before the City Council an aggrieve~ party may, within thirty (30} dais a~ter the decision of the City Counci I, fit e an appeal. with a court of. compet.ent jurisdic~ion over the subject matter~ . .-'..,()r-";' " .. .' (', \ i .. ". APPLICATION INSTRUCTIONS A staff Repor~ will be developed for e~ch. Application. The Applicant should be p~epared to address each af the issues pro~ided below for Variance requests. In 0rder to grant a variance, the.Board of ~djus~ment must ~ake 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 not applicable to other lands, structures or buildings ih the same zoning dist~ict. 2. That special conditions and' circumstances do not resul t from the~ctions of the applicant, 3. That granting the variance reguaited.will no~ ~6nfer on the applicant any special privilege. that is denied by this chapter to other lands, buildings or. structures. in 1he same zoning. district. /. 4. That.. literal interpretation. of the provisions o'fthiS chapter would deprive.the appli.cant of rights commonly enioved by other properties in. the same zoning. district under the tir~s of this chi~ter and would work unnecessary h~rdship on the appl icant. ....' 5. T~at the variance qranteci 15 the minimum variance that will make possible the reasonabl euse of. the' land; bui Id1nq or structure. 6... That the grant of the var.iance~i1.1 be: in'harmony w1t.h the genera'}. intent. and. purpose.of.thischapter, :.will not be iniurious to the .neiqhborhood;.or otherwise det~imental to the pubLic welfare. . .'. ' 7, :.Th~'r'eguest must be. consi;teRt with"the ohfectives.. and. pol icies of the "Co~p,r~~'~n,sive _1 a_', ','1,:::- ,~.~~-:" , . . - ~ ,. THE APPLICANT IS RESPONSIBLE FOR PROVIDING THECITY.HITH THE.NAHES AND ADDRESSES OF EACH. PROPERTYOHNER .HI.THIN.'lSO. F.T: OF. EACH PROPERTY LINE.BY THE.SCHEDV[;Eo..~I!'l,E. .. THE APPLICANT, IS RESPONSI.BLE TO P.OST.. .THE BLUE .NOTICE. CARD ON TH,E I ' SITE AT LEAST SEVEN DAYS PRIOR .TO :.THE .BOARD OF 'ADJUSTMENT MEETING.. '. AT HHicH .iHE MATTER HILL. BE CONSIbE8ED: SAID.NOTICE SHALL NOT BE'.' POSTED WITHIN THE CIT~ RiGHTS~OF~HA~. .. I.', : " , 1: r: :' ,~ I, , , 'j 1 ~ " " ..', . ;, '.,' ' -'i- . , ~. . .', I " . ," ..