The URL can be used to link to this page

Home My WebLink About2002 08 01 Regular Item A ~. , . , .. . . ..--#...:...-.-..:.....~...:_---. ... BOARD OF ADJUSTMENT AGENDA ITEM A August 1. 2002 Meeting REQUEST: Community Development Department presents to the City Commission the request of Richard Grimes for an after-the-fact variance from the established rear yard building setback line at Lot 118, 1622 Fox Glen Court, in Fox Glen at Chelsea Pare in Tuscawilla. PURPOSE: The purpose of this agenda item is to consider a request by Richard Grimes for a variance to allow a portion of a screen porch to remain encroaching 10 feet into the 20 foot rear building ,setback to within 10 feet of the rear property line. A note on the face of the Fox Glen at Chelsea Pare, final subdivision plat (Plat Book 49, Pages 78-82 of the Public Records of Seminole County) sets forth the building setbacks for this subdivision. APPLICABLE CODE: . Sec. 6-2. Compliance'witbcbapter~- (a) No building or structure shall hereafter be constructed, altered, except in conformity with the provisions of this chapter. Sec. 6-3. Use of building erected or altered in violation of this chapter. It shall be unlawful for any person to maintain, occupy or use a building or structure, or a part thereof, that has been erected or altered in violation of the provisions of this chapter. Sec. 6-4. Violations. Any person who shall violate a provision of this chapter or fail to comply herewith or with any of the requirements hereof, or who shall erect, construct, alter or repair, or has erected, constructed, altered or repaired a building or structure in violation ofa detailed statement or plan submitted and approved hereunder, shall be guilty of a violation of this Code and shall be punished in accordance with section 1-15. j- August 1, 2002 BOA Agenda Item A Page 2 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. (1) The board of adjustment shall have the additional following spe~ific 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 peculiafto 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 1" September 6, 200 I BOA Agenda Item A Page 3 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) (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: . (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 " September 6,2001 BOA Agenda Item A Page 4 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, thepers,?n 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) " " September 6, 2001 BOA Agenda Item A Page 5 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: February 1, 2002 - City Building Permit Specialist Max Epstein rejected building permit application as inconsistent with the 20' rear building setback depicted on the final subdivision plat March 19,2002 - City Code Enforcement Board hears Case No. CEB-01-1298, finding both Richard Grimes and Affordable Screen in violation of Section 6-46 (no building permit for screen room) of the City Code of Ordinances. The Code Enforcement Board allowed Mr. Grimes and the contractor 90 days to come into compliance. If a variance were not obtained within 90 days, the case will come back to the board for re--hearing. May 28,2002 - Variance application received by the City July 4, 2002 - No BOA meeting, due to holiday July 18, 2002 - Re-scheduled BOA meeting cancelled for lack of quorum FINDINGS: 1). Plot plan for the structure was rejected by the Building Division on February 1,2002, based upon encroachment into the 20 foot rear building setback. 2). No building permit was issued for the site, based upon the encroachment into the 20-foot rear yard building setback. 3). On March 19,2002, the City Code Enforcement Board heard Case No. CEB- 01-1298, finding Mr. Grimes and the contractor (Affordable Screen) in violation and allowing 90 days to obtain a variance or come into compliance. If a variance were not obtained within 90 days, the case is to come back to the Code Enforcement Board to be re-heard. 4). On May 28, 2002, the variance application was received by the City (too late to be heard at the June BOA meeting). 5). No BOA meeting was held in July 2002. ",".~:..~,-;~:..~_..;.;' ;.:, 'j;t: September 6, 200 1 BOA Agenda Item A Page 6 6). The Board of Adjustment must find that the variance request meets all six variance criteria, set forth in Subsection 20-82 (1) (c), in order to recommend approval. , 7) Staff determines that the request does not meet any of the six variance criteria, with the possible exception that criteria number 2 mayor may not apply to Mr. Grimes, but certainly applies to the contractor. RECOMMENDATION: Staff recommends that the Board of Adjustment hear the variance request pursuant to the six variance criteria set forth in Subsection 20-82 (1) (c) and recommend denial unless the applicant clearly demonstrates consistency with all six of the criteria. A TT ACHMENTS: A - Plot plan submitted with building application B - March 19,2002, Code Enforcement Board minutes C - Variance application D - Applicant's support documentation BOARD OF ADJUSTMENT ACTION: '. ATTACHMENT A -. , f:l.O' S 31 r, .n:J' Sr~~ 1 .~ ~ r:, :~ PLA T OF SURVEY for: -, OESCR I PT ION: MERCEDES HOMES, INC. LOT 11 B FOX GLEN A T CHELSEA PARC, TUSCAW I LLA RECORDED IN PLAT BOOK ~ PAGE( S) 78-82 PUBLIC RECOROS OF SEM I NOLE COUNTY. FLORIDA WINTER SPRINGS BUOLEVARD (120' R/H) 12 .LJ' ~ ~# U.j;l. -., 118 ~ QMl\lJ!i~ l~fOKNlA 'ot ~ESENTED ON THIS APPU, ~ Ig:OVEfIf PAT/~ . '. . I~. 7' ...... :RUE AND C CT. :lATE: 'J- o;r- ~)IGNED' ~..~ ,,-._~.r,' . a .~ ~CJ f:"). dJo C-J /iJ () (,n'1 cO ~t' /?7L L-f" ~ :: " "" """ Ill.OCK "''''lIE''''' "") / .. 'V AOOflESS: . 1522 '1-,. c/O ? ~ ! ~ 5' HALL G LAHDSCAPE EASEMENT 2.2' 575' to' 48' E 46. 00' o ~ 0' . _ 2 SC"'LE I __3.0' 0.. 113' ai. .- 0. . :- -. oj . . ..... 12. O' .. ~ .... :z: .. a 0 co 0 ..... 0 w 119 ..; .. co OJ ..... Q .. ~ Ol CL ~ U ...... .. ~ ~ ..... .. ::z: 3' UTILITY EASEMENT (ENDS AT BUILDING LINE) 16. J' O. 7''''- FVEIlED ENTRY " ~T~~ ~ <U 10' urllITY.EASEKENT /9. ~' .'.: :'. 16':" :: .:: :'~~C~TE":'I . .. '. . OOIVE ": __ 3. 0' 3' urlllTY EASEMENT (EHIlS AT BUILDING LINE) I' CONcnr TE Me 0.3' .N75110'4S'W 46.00' . T.n A. cr' A . ~ FOX GLEN COURT (24' R/W)~ FouiiO OISK LS ~OO7r2~.3~ /............rox GLEN OllIVE ~ 0.3' -~-- 'ES: lEAnINGS AnE BASED ON TIff CfNTEnUNE )F FOX GLEN counr BE I NG N75' 10' 40' Ii. 'EIlICULAR ACCESS RIGIITS TO IRt: nt:'n'(,,'Trn y", FL ODD CER TI FICA TI ON: . BASED ON TIlE FEOERAL ENERGENCY NANAGEHENr AGENCY FLOOD INSUflANCF. nATr: u.ac "..,.....__.~_... ....CERTIFIED. TO: FIDELITY NATIONAL TITLE "1<<"_'.__ _.. ATTACHMENT B CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING MARCH 19, 2002 I. CALL TO ORDER Chairperson Joanne Krebs called the Regular Meeting to order at 7:08 p.m. on Tuesday, March 19, 2002, in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Chairperson Krebs informed everyone that the Board would not tolerate unacceptable behavior at the Meeting. Roll Call: Chairperson Joanne Krebs, present Vice Chairperson Lurene Lyzen, present Board Member Ken Furth, present Board Member James B. Pitts, present Board Member Greg Roero, present Board Member Greg Thompson, arrived at 7:32 p.m. Board Member Mervin Warner, present The Pledge of Allegiance followed. Chairperson Krebs asked if there would be any Agenda changes and Ms. C. Jimette Cook' Enforcement Manager, Code Enforcement Division, Community Development Department advised the Board that "This evening we are only going to hear case CEB- 01-962, 'B', CEB-01-1298, 'D', CEB-02-121, 'K', - and CEB-02-164. The rest of them will have to be continued or are in compliance." II. CONSENT CONSENT A. Approval of the February 19, 2002 Regular Meeting Minutes. Chairperson Krebs read the title of Consent Agenda Item "A." "I APPROVE THE MINUTES OF THE FEBRUARY MEETING." .MOTION BY BOARD MEMBER PITIS. SECONDED BY BOARD MEMBER FURTH. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MARCH 19,2002 PAGE 2 OF 8 VOTE: BOARD MEMBER FURTH: AYE BOARD MEMBER PITTS: AYE BOARD MEMBER WARNER: AYE CHAIRPERSON KREBS: AYE VICE CHAIRPERSON LYZEN: AYE I BOARD MEMBER ROERO: AYE MOTION CARRIED. III. REGULAR AGENDA The Deputy City Clerk swore in those persons who may be providing testimony during the presentation of tonight's cases. REGULAR A. CASE #CEB-01-962 500 Evergreen A venue Perry S. Firoz Section 20-433. (Disabled Motor Vehicles) Ms. Cook asked that the record reflect that no one was present to speak on the owner's behalf. Photographs were displayed and Ms. Cook entered into the record two (2) door hangers, "The Statement of Violation and Notice of Hearing", the proof of mailing,' and- ... the proof of receipt that was signed. Ms. Cook spoke of past violations and asked "For a finding of non-compliance and a fine of $25.00 a day, which is typically what this Board fines after a weeks notice." The Board asked if the repeated violations were the same vehicle, which they were not. FINDING OF FACT: "IN THE CASE OF CODE ENFORCEMENT BOARD NUMBER CEB-01-962 OF THE CITY OF WINTER SPRINGS, THE CODE ENFORCEMENT BOARD HAS READ THE COMPLAINT FILED AND THE WRITTEN INFORMATION AS PREPARED BY THE CODE MANAGER AND HEARD AT THIS MEETING, THE SWORN TESTIMONY OF THE CODE MANAGER. BASED UPON THESE PROCEEDINGS, I FIND THAT P~RRY S. FIROZ, OF 500 EVERGREEN AVENUE, IS IN VIOLATION OF SECTION 20-433. [DISABLED MOTOR VEHICLES _. UNLICENSED] OF THE CODE OF THE CITY OF WINTER SPRINGS, AND AN APPROPRIATE'RELIEF ORDER BE ISSUED AT THIS MEETING." MOTION BY BOARD MEMBER FURTH. SECONDED. DISCUSSION. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MARCH 19,2002 PAGE30F8 VOTE: CHAIRPERSON KREBS: AYE BOARD MEMBER PITTS: AYE BOARD MEMBER W ARNER: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER FURTH: AYE VICE CHAIRPERSON L YZEN: AYE MOTION CARRIED. RELIEF ORDER - ORDER OF THE BOARD: "IN THE CASE OF CODE ENFORCEMENT BOARD NUMBER CEB-01-962 OF THE CITY OF WINTER SPRINGS, PERRY S. FIROZ HAVING BEEN FOUND TO BE IN VIOLATION OF SECTION 20-433. [DISABLED MOTOR VEHICLES - UNLICENSED] OF THE CODE OF THE CITY. I MOVE THAT PERRY S. FIROZ BE GIVEN FOURTEEN (14) DAYS FROM TODAY TO COME INTO COMPLIANCE WITH REGARD TO THIS VIOLATION. IF COMPLIANCE IS NOT ACHIEVED BY THAT DATE A FINE OF $25.00 WILL BE IMPOSED, PER VIOLATION, PER DAY UNTIL COMPLIANCE IS ACHIEVED AS VERIFIED BY THE OFFICER OF THE CITY." MOTION BY BOARD MEMBER L YZEN. SECONDED BY BOARD MEMBER PITTS. DISCUSSION. VOTE: BOARD MEMBER ROERO: AYE VICE CHAIRPERSON LYZEN: AYE CHAIRPERSON KREBS: AYE BOARD MEMBER FURTH: AYE BOARD MEMBER WARNER: AYE BOARD MEMBER PITTS: AYE MOTION CARRIED. REGULAR B. CASE #CEB-Ol-1298 1622 Fox Glen Court Richard A. Grimes Section 6-46. (No Building Permit - Screen Room) Respondent: Affordable Screen & Patio Ms. Cook entered into evidence a photograph of the screen room and asked Mr. Richard A. Grimes, for the record, to acknowledge that it was indeed his screen room. Mr. Grimes agreed. Ms. Cook explained how she became aware the violation; she entered into the record "Notice Of Code Violation", "The Statement of Violation and Notice of Hearing"; and stated, "In addition you will note that we are not only charging Mr. Grimes but Affordable Screen and Patio because - they're the people that put the screen room CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MARCH 19,2002 PAGE 4 OF 8 up." Ms. Cook spoke of her conversations with Affordable Screen and Patio and that the recent permit application was denied because setback requirements were not met. Brief discussion followed regarding setbacks; Variances; and Mr. Grimes's options. Ms. Cook asked the Board to "Find there is a violation of Code, hear Mr. Grimes testimony, give Mr. Grimes and Affordable Screen and Patio a reasonable time to work out a settlement." Brief discussion. Mr. Richard A. Grimes, 1622 Fox Glen Court, Winter Springs, Florida: addressed the Board regarding this issue; The Board and Mr. Grimes discussed that he knew that the contractor was suppose to get the permit; that he did not realize that a permit was not obtained; and the contract. Board Member Greg Thompson arrived at 7:32 p.m. Discussion followed regarding Affordable Screen and Patio's responsibility in this matter; liens; and Mr. Grimes applying for a Variance. Brief discussion. FINDING OF FACT: "IN THE CASE OF CODE ENFORCEMENT BOARD NUMBER CEB-01-1298 OF THE CITY OF WINTER SPRINGS, THE CODE ENFORCEMENT BOARD HAS READ THE COMPLAINT FILED AND THE WRITTEN INFORMATION AS, PREPARED BY THE CODE MANAGER AND HEARD AT THIS MEETING, THE SWORN TESTIMONY OF THE CODE MANAGER. BASED UPON THESE PROCEEDINGS, I FIND THAT RICHARD A. GRIMES, OF 1622 FOX GLEN COURT,' AND AFFORDABLE SCREEN, 766 VICTORY DRIVE, LONGWOOD, . FLORIDA ARE IN VIOLATION OF SECTION 6-46. [NO BillLDING PERMIT - SCREEN ROOM) OF THE CODE OF THE CITY OF WINTER SPRINGS, AND AN APPROPRIATE RELIEF ORDER BE ISSUED AT TIDS MEETING." MOTION BY BOARD MEMBER PITTS. SECONDED. DISCUSSION. VOTE: BOARD MEMBER WARNER: AYE BOARD MEMBER FURTH: AYE" BOARD MEMBER THOMPSON: NAY BOARD MEMBER ROERO: AYE BOARD MEMBER PITTS: AYE VICE CHAIRPERSON LYZEN: AYE CHAIRPERSON KREBS: AYE MOTION CARRIED. RELIEF ORDER - ORDER OF THE BOARD: CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MARCH 19,2002 PAGE50F8 "IN THE CASE OF CODE ENFORCEMENT BOARD NUMBER CEB-01-1298 OF THE CITY OF WINTER SPRINGS, RICHARD A. GRIMES AND AFFORDABLE SCREEN AND PATIO HAVING BEEN FOUND TO BE IN VIOLATION OF SECTION 6-46. [NO BUILDING PERMIT - SCREEN ROOM] OF THE CODE OF THE CITY. I MOVE THAT RICHARD A. GRIMES AND THE CONTRACTOR, AFFORDABLE SCREEN AND PATIO BE GIVEN NINETY (90) DAYS FROM THIS DATE TO COME INTO COMPLIANCE WITH REGARD. TO THIS VIOLATION. IF A VARIANCE HAS NOT BEEN OBTAINED AT THE END OF THE NINETY (90) DAYS THIS CASE WILL .COME BACK TO THIS BOARD AND WILL BE REHEARD." MOTION BY BOARD MEMBER FURTH. SECONDED BY VICE CHAlPERSON L YZEN. DISCUSSION. VOTE: VICE CHAIRPERSON L YZEN : AYE BOARD MEMBER THOMPSON: NAY BOARD MEMBER FURTH: AYE BOARD MEMBER PITTS: AYE CHAIRPERSON KREBS: . AYE BOARD MEMBER WARNER: AYE BOARD MEMBER ROERO: AYE MOTION CARRIED. Chairperson Krebs recessed the Meeting at 7:40 p.m. The Meeting was called back to order by Chairperson Krebs at 7:45 p.m. Ms. Cook informed the Board that "CASE #CEB-02-164" would not be heardthis evemng. REGULAR K. CASE #CEB-02-121 209-219 South Moss Road Charles R. Warner ET AL, C/O Andreas Nicolaou Section 20-433. (Disabled Motor Vehicles) Ms. Cook entered into the record the "Green card for the owner of record"; the Property Appraiser's latest update of ownership; and a facsimile transmission received from NTC Investors' Services, which was read by Ms.. Cook. Ms. Cook addressed the violation and she asked that the owner be found in Non-Compliance, be given a short time to remove the vehicle and if.Compliance is not reached then a fine of $50;00, per car, should be imposed. The Board asked about the parking lot being posted regarding cars being towed and whether Ms. Cook knew the name of the vehicle's owner. Brief discussion. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MARCH 19,2002 PAGE 6 OF 8 Ms. Jessica Ruiz, NTC Investors Services', 419 West Lancaster Road, Orlando, Florida: as Property Manager she acknowledged that there have been problems with tenants parking unlicensed vehicles on the property; a tenant told her that if the vehicle was towed the police would be called; and she will make arrangements tomorrow to have the vehicle towed. Discussion. FINDING OF FACT: "IN THE CASE OF CODE ENFORCEMENT BOARD NUMBER CEB-02-121 OF THE CITY OF WINTER SPRINGS, THE CODE ENFORCEMENT BOARD HAS READ THE COMPLAINT FILED AND THE WRITTEN INFORMATION PREP ARED BY THE CODE MANAGER AND HEARD AT THIS MEETING, THE SWORN STATEMENT OF THE CODE MANAGER AND OTHER PARTIES INVOLVED IN THIS CASE. BASED UPON THESE PROCEEDINGS, I MOVE THAT CHARLES R. WARNER AND C/O ANDREAS NICOLAOU, OF 209-219 SOUTH MOSS ROAD IS IN VIOLATION OF SECTION 20-433. [DISABLED VEHICLES - UNLICENSED] OF THE CODE OF THE CITY OF WINTER SPRINGS, AND AN APPROPRIATE RELIEF ORDER BE ISSUED A T THIS MEETING." MOTION BY VICE CHAIRPERSON L YZEN. SECONDED. DISCUSSION. VOTE: CHAIRPERSON KREBS: AYE BOARD MEMBER WARNER: AYE BOARD MEMBER ROERO: AYE VICE CHAIRPERSON LYZEN: AYE BOARD MEMBER THOMPSON: AYE BOARD ~EMBER PITTS: AYE BOARD MEMBER FURTH: AYE MOTION CARRIED. Members of the Board and Ms. Cook discussed how to prevent repeat violations. Tape I/Side B RELIEF ORDER - ORDER OF THE BOARD: "IN THE CASE OF CODE ENFORCEMENT BOARD NUMBER CEB-02-121 OF THE CITY OF WINTER SPRINGS, CHARLES R. WARNER C/O ANDREAS NICOLAOU HAVING BEEN FOUND TO BE IN VIOLATION OF SECTION 20-433. [DISABLED VEHICLES - UNLICENSED] OF THE CODE OF THE CITY. I MOVE THAT CHARLES R. WARNER BE GIVEN FIVE (5) DAYS FROM TODAY TO COME INTO COMPLIANCE WITH REGARD TO THIS VIOLATION. IF A COMPLIANCE IS NOT ACHIEVED BY THAT DATE CITY OF WINTER SPRINGS MINUTES , CODE ENFORCEMENT BOARD REGULAR MEETING - MARCH 19,2002 PAGE 7 OF 8 A FINE OF $50.00 WILL BE IMPOSED PER DAY, PER VIOLATION UNTIL COMPLIANCE IS ACHIEVED AND VERIFIED BY AN OFFICER OF THE CITY. SINCE JESSICA RUIZ IS PRESENT AND HAS HEARD THE ORDER OF THIS BOARD I MOVE THAT DUE NOTIFICATION HAS BEEN GIVEN AT THIS MEETING." MOTION BY VICE CHAIRPERSON L YZEN. SECONDED. DISCUSSION. VOTE: BOARD MEMBER WARNER: AYE BOARD MEMBER FURTH: AYE BOARD MEMBER THOMPSON: AYE BOARD MEMBER ROERO: AYE BOARD MEMBER PITTS: AYE VICE CHAIRPERSON L YZEN : AYE CHAIRPERSON KREBS: AYE' MOTION CARRIED. The Board questioned the role of the Police Department when a "Relief Order" has been issued. Brief discussion. III. FUTURE AGENDA ITEMS None. V. REPORTS Ms. Cook reported that she relayed the Board's request for a Workshop with the City Attorney and Police Department and as soon as the City Attorney submits a date to Ms. Cook, arrangements will be made. . The Board discussed inviting the Building Department and the Planning Department. It was'mentioned that due to time constraints a second Workshop could be held. Ms. Cook suggested that if any Board Member had any questions or topics they wished discussed at a Workshop that they be submitted to her and in turn she would give them to the City Attorney. CITY OF WINTER SPRINGS MINUTES CODE ENFORCEMENT BOARD REGULAR MEETING - MARCH 19.2002 PAGE 8 OF 8 VI. ADJOURNMENT Chairperson Krebs adjourned the Meeting at 8:33 p.m. RESPECTFULLY SUBMITTED: DEBBIE GILLESPIE DEPUTY CITY CLERK \\CITYHALL]DC\SHAREDldept - City Clerk\BOARDS\CODEENFO\ALLL\MINUTES\2002\011 502 REGULAR-doc NOTE: These Minutes were approved at the .2002 Code Enforcement Board Meeting. ATTACHMENT C r . , BOARD OF ADJUSTMENT APPLICATION CITY OF WINTER SPRINGS 1126 EAST S~ATE ROAD 434 WINTER' SPRINGS, FL .32708-2799 (407)327-1800 FOR: 'X '><.. 1. 6. TAX PARCEL IDENTIFICATION NUMBE~: . . 7. LOCATION 'OF PARCEL fstreet Addres's' a~d/or ,:Nearest streets):. ib?.'L 1='DX G'e..) r: \.1hJJ\~J S-1'n~? ~I.... 3.l'1o"i> Cross B. PRESENT ZONING: FUTURE .LAND USE: By Signing below'I ~nderstand thaf city of ~inter Sp~ings Officials may enter upon my property to inspect that portion. as relates to this application: (If the applic~nt is not the owner of the subject property, applicant must attach a letter of authorization signed by owner) " 0 ~~~( ~ ~" GK\~e,S ~~j~:~ 31N.:;(.:Si GN A TURE :: ' the the .;. .~ : '. ' .', . PERSbNS ARE ADVISED THAT, IF THEY DECIDE TO APPEAL ANY, bECISIONS MADE AT THESE MEETINGS/HEARINGS, THEY wrtL 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, WH ICH ,. INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE.:I~ 8A~ED, PER SECTION 286.010~, FLORIDA STATUTES ..,. 1622 Fox Glen Court Winter Springs, FL 32708 Lot # 118 Fox Glen at Chelsa Parc, Tuskawila Richard A. Grimes May 28, 2002 Board of Adjustments Dear Sir or Madam: I have attached a copy of an application for variance. In March of2000 I hired Affordable Screen and Patio to install a Screen Room on the back of my home. The purchase agreement (enclosed) form Affordable Screen and Patio states the price includes Tax and Permit. It is my understanding that the screen room in question does not meet minimum setback because it does not have a pool. I have asked 21 of my immediate neighbors (attached) if they felt that the screen room in question has damaged financially or otherWise their property. The all stated no! I have listed several Special Conditions and rights enjoyed by others within the neighborhood (see attached). It is my belief that the Screen Room has added Value and is in Harmony with the general intent of the community and City of Winter Springs. ' I respectfully ask that the Board of Adjustments grant's a variance for the screen room at 1622 Fox Glen Ct. Winter Springs FL 32708. Additionally, I request the City to find Affordable Screen and Patio in breech of contract, require Affordable Screen and Patio to reimburse me the cost of this variance application and begin the process to remove their building license, fine or otherwise limit Affordable Screen and Patio from doing business in the City of Winter Springs as you see fit. . Enclosed Screen Room Photo . Legal Description, Parcel Survey and Surrounding Parcels . Petition from Neighbors · Purchase Agreement from Affordable Screen and Patio 1:SlL "\ Richard A. Grimes 407-359-3772 12c ~~~ l C;\C\~~(Ls, \bLL ~~ G\~ c\ \v~N\'O' ~,,\~\ I t=L-- 3~ ~O~ 1. Special Conditions. It is our belief that special circumstances do exist. A proper permit was granted to the homeowner to put in a concrete patio. At the time of inspection the building inspector inquired what our plans would be for the patio due to the extra heavy footers and, reinforcement put in place. At that time I ' explained that we would be putting up a screen room similar to our neighbors. that was The contractor we hired in good faith was the person/company that did not pull the permit. This is not applicable to others that hired a company to put in a screen enclosure that followed proper city protocoL 2. Special Conditions from actions ofthe applicant. Not from the Homeowner " 3. This will not confer any special privileges to our home over others that put in a screen room and received a permit prior to having the screen room installed. 4. Rights commonly enjoyed by others. We have elected to put up a screen enclosure similar toothzs in the neighborhood with and without pools and or spas. Our choice to not m-danger our children by putting in a deep pool or spa deprive my family from enjoying the outdoors in the safety of a locked screen enclosure. ' 5. Minimum Variance granted. The screen room is not larger than the approved and permitted concrete patio. 6. The grant or variance is in harmony with the general intent and purpose of the land. Please see Petition. AFFORDABLE SCREEN & PATIO Physical Address: 766 Big Tree Orive, Longwood. Fl 32750 Lie. "RX4501785 f 07(. ~ IIAS0000126 ';)10- g"o 35'1- 31~-z-e L-- ,4. 'S;~;,\ H Mailing Address: P,O. Box 520752 Longwood. FL 32752 (407) 332.8106 (407) 332-0279 (Fax) (800) 442-7441 ,") 6Z~ ~U 'd r', 11"1 t= > G/Ul Ct. HOMEOWNER'S NAME Fox 1'7-"- AODRESS CITV of SCRIPTION of WORK: Pc> 0 i - SCI"<..c/l , )(1-7..' )rIL' ~u'. { 0\ I L I ~/1 (, It,.S ~~ 0 o.""'~'^ iN (..,.', k 41 c.I-"l , fJoo/l.. p~.feA- Io/It( C--~ c..1c..o~1 f:~Vt Ih~~~ J:AJc..<-+ ~{.r~~ ';-f/1 c."W- - (JIJ."A S/,.r-v 1- A.l.-~/-l c.. ~ h F.4<- ~ "t 11 ;q 8 2- O'V --- v ij fJl'~ .~ l L.).J... ,~ Tt-ry J /-.,n. ,J l' 0\0 4 '~4~f'~6/l b1 '1- ,30 - oD J:z.. /D i ZIP Roof Type: Elite - pan Fan Beam Roof AlIachorl'/ Fascia 7' Wall ' Hel ht t I :l-t- Metal co~ Bronze -~. Kickplate tv' fl. a' om - Gable ansard Windows: Type: Glass ____._ Vinyl Acrylic Horizontal_._ Vertical Mise: lERMS: ;f o~ :J DD'- f)v-/l f;J.. 81 ()A ~ !DI ~ ~q J. ~ 0" 1...-1',,,-J- If GO" . .f (5 L I .-:- 0 IT Co Af ~"'''1 The OWher agrees 10 purchase, and the contr<lctor agroes to provide the I<lbor. m<lterials, <lnd services descllbed above This sales agreement, and those terms and provl3ion3 printed upon the reverse side hereof. constitute the complete agreement between the parties and there are no terms, conditions, or other contingendes affecting the duties and liabilities of the parties not specificlOl1y sel folth herein, Do not sign this agreement in blank, or before you have read it and the terms and conditions appearing on the reverse side hereof .n Iheir entirety, IN:''' hav~aa.;he foregoing. cep! 1fI.r t!:rJ!lS. ap4 conditions ~orth ,th <!in, "A.: !- ~.., !fL "'" , Ii ""..<.2 /. ~eJ'f1eSC;NT"TlVl:: ,-.J.L l'rWMe.orroc..copy v._-SalesCovl NOTICE TO BUYER -----. ~ ( \'~A ovAedge receipt 01 <I true copy hereo' --...,' :./' ,Richard A. Grimes March 18,2002 "', ..,/, :, 1622 fo:rGle~ Ct. Winter Spilri~. fl. 32708 ," CITY OF WINTER SPRINGS CODE ENFORCMENT BOARD Dear Sir or Madam: _"~ .~...;.: The undersigned all?the Neighbors of Richard and lIana Grimes. With Respect to our friends and neighbors I have explWnedthe current pennit violation created by Affordable Screen and Patio. I have asked each of the following homeOWners if they felt their property was DAMAGED FINANCIALLY or 9THERWlSE through the addition of the Saeen Enclosure and would like to see it removed. . Their Signatures and comments below represent their acceptance of the current pool I spa enclOsure in , Question. r , By signing this petition I have read the City of Winter Springs Application Instructions and wish it to be know to the City of Winter Springs that the SCreen Enclosure at 1622 Fox Glen Ct., Winter Springs, FL. 32708 is in hannony with the neighborhood. \ ~. RE ADDRESS, ~ AlLOW SCREEN ENCLOSURE TO ~N .' d~r ,4~//~ /~/i/i4!k-'l ~ 8NO )t.;~'it,-rJ~~/53/JJ~>fuA' ~ '~O - -;:J,J~;ibt~ t.5"Jl.lV~~A.'fr,5.(!ES) NO A A hU-f <:( ~ c.r~. c-f ~) NO ( ] of) V ~^ ISM 'fO~ 1u? Onve Jc~4l.cl b ,...e.. o..dUJ \..u IS. l r~ st~v J~/" 4J. 64- W.S. Rn.x(\~ ~.nnif AMwA1A~- ~~~ :~ NO ,---. ~~ NO tiel L/ hi~ G~ (- Jl @NO. ~. ....J::1 /~O :ltf~ l S'J~ fb,l( c,~ Dr eNO e) NO ,,-- March 18, 2002 . Page 2 '/6fL NO J~J-~ ~ C/u'; ~ NO ~. /525 r;,Y r;~ 1Yr-.s;,~~. g;J NO f'1IJV fi, Gt.~ J dfJNf{ U ~ '. 1'. IJ 1 fA1J{) r::::- ~ C-JU2,,~.J Iv} T-:r: --t:!':']D q /'1JJf(J..m Cf. ;..~' NO ",~~1>>~ /70L j!lJX ~~ GT @ NO ~ ' trsl6-lULJI~; ~~~~NO ~~UAkJ~,4ra)1 \S~1~tye NO ~' " 'f..[~, ~~ -- ~~ lirl4rwL 1lJ11 ~ ~IY ~ NO /) 15'2- -Z- ~........ f.Y- "--_/ ~ ~~~~ FL,~"l.1l'& ~j NO' /..s~ Mlc:, Q.LeN ~~ 3 27 a.f p(/ /N~(t ~~/.1 l NO Iv :J.." ~ <LI-. W- YES NO YES NO . . YES NO