HomeMy WebLinkAbout2002 10 23 Regular Item A
BOARD OF ADJUSTMENT
AGENDA ITEM A
October 23, 2002
Meeting
REQUEST: Public Works Department presents to the Board of Adjustment the request of
Centex Development for a variance from the post development stormwater runoff
volume not exceeding that for the pre-development condition.
PURPOSE: The purpose of this agenda item is to consider a request by Centex Homes for a
variance to allow post development stormwater runoff volume to exceed the pre-
development stormwater runoff volume, as set forth in Section 9-241 of the City
Code.
APPLICABLE CODE:
Sec. 9-241. Compliance with chapter.
(e) Flow quantities off-site are not to exceed that prior to development. The
stormwater runoff volume and rate from the "design storm", for the post
development condition, shall not exceed that for the pre-development condition.
Sec. 9.5.
(a) The board of adjustment may grant a variance form the terms ofthis chapter
when such variance will not be contrary to the public interest, and where
owing to special conditions, a literal enforcement of the provisions oft his
chapter would result in unnecessary hardships. Such variance shall not be
granted if it has the effect of nullifying the intent and purpose of this chapter.
(b) A written application for such variance must be submitted demonstrating that
special conditions exist which are peculiar to the lands, structures or required
subdivision improvements involved and which are not applicable to other
lands, structures or required subdivision improvements. Application shall be
accompanied by the fee for a variance as specified in the fee schedule
currently in effect.
(c) Before any variance shall be granted, a public hearing on the proposed
variance shall be held by the board of adjustment. Notice of such public
hearing shall be published fifteen (15) days prior to the hearing in a
newspaper of general circulation in the county. Such notice shall also be
posted fifteen (15) days prior to the hearing in three (3) separate places in the
October 23,2001
BOA Agenda Item A
Page 2
city, and be mailed to all persons who are record owners of property within
one hundred fifty (150) feet of the subject property.
(d) The board of adjustment shall make findings that the requirements of each
portion of this section have been met. The board of adjustment shall further
make a finding that the reasons set forth in the application justify granting of
the variance and that the variances is the minimum variance that would make
possible the reasonable use of the lands, buildings or other improvements.
(e) The board of adjustment shall make a further finding that the granting of the
variances would be in harmony with the general purpose and intent of this
chapter and will not be injurious to the surrounding territory or otherwise
detrimental to the public welfare.
(f) In granting any variance, the board of adjustment may prescribe appropriate
conditions and safeguards, to such variance, and when make a part of the
terms which the variance is granted a violation of any term or conditions shall
be deemed a violation of this chapter and shall be punishable as such.
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 ineeting 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
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
October 23,2001
BOA Agenda Item A
Page 3
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.
(t) 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.
October 23,2001
BOA Agenda Item A
Page 4
FINDINGS:
1). For post-development projects, the St. John's River Water Management
District requires projects to not exceed the volumetric rate of the pre-development
volumetric rate only when a site is land-locked or when a site discharges into a
known flooding area.
2).This proposed site is not located in a known flooding area and is not land-
locked
3). Staff recommends that this section of the code be adhered to when discharging
into any system operating at a LOS of C or D where, LOS C is protection from a
10-year, 24-hour storm event and LOS D is flooding from a 10-year, 24-hour
storm event. Since there is no reported flooding for the proposed site, an
anticipated LOS would be level A. LOS A is protection from 100-year, 24-hour
storm event.
RECOMMENDATION:
The City Engineer is in favor of this variance request.
ATTACHMENTS:
A - Variance Application
B - Memo from Madden Engineering, Inc.
BOARD OF ADJUSTMENT ACTION:
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FOR:
SPECIAL &XCEPTtON
VA'RtANCS:
'~ONDZ~ION~L USE
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A~T^CH AN 11 x 17 HAP BHOW1NO THE SUBJ~CT PR~P~~TY ANn
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By Si9ning balo~' r und~r~~and that City ot ~inter Sp~ings Official!
m.y enter upon my P~op~rty ~o inspact th~t ~o~tion, as relates to
this tpplic~ticn~
(If the ap~lic~nt ia nat the Q~nqr of the sUbjeot ~rcper~r, the
applicant must ~ttll.ch a Ifttte~ of IHd:hori~au.on s!9'na~ by lhe
IHJner) .' ,
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PERSb~& ARE AnVIS~D THAT, IF ~HEY DECIDE-TO APPtAL AN~,'b~CI3IONS
HADE AT TH~5~ MEE'I'rNQ~/HEA~rNOS, TkEY WIt~ Ne~ A.R~CORti OF THE
PROCE&DINQS hNp rOR sucn PURPOSe, ~HEY HILL NEEp TO !NSURE THAT A :
VERBATIWR!':OQRt) PF TEfE' PROCE'EnrN"03 rs MADe, 'AT'THEIR 'COST. WHICH 'r.-
INCLlJDES 'l'Hl!: TEl:'I'tHONY AND EVIOENCE lJflOU HHICH THE APPEA.L 18 TO IlE.. ,
BAStin, PER SE:CTION 286.0105. FLORIDA BTA'l'tlTEB ',.
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Sl:CTIoN 20-64 - A?PEhLS FliOH D1>Cr"SIONS or THE nOAIW OF AD.JOS'I'I1ENT
(1) Any person, Or p-rccos, jointly or ~eVortl1y agQrieved by
a.ny qe<:!Jdoll of the. llollt:Q of ~djulltmllnl: /lIay, wHhin thirty (30)
d~Y3 afla~ the Eiling bE any dCQ1~ion in th. o(ficlI of bho nQ4~d ot
Adju;'tMClnt, bl.ll: not tharellt't.c:/:', apply to' thb City CO\lne.l.1 tor
a.dministrative ~ft1iaf, Aftar ~ hc~ring'bQfo~Q th~ City cQUncil ;n
a99~illve~ pllrty m~y, Within thirty (30) daYB lI~ter the deciSion ot
l:ho City Coundl, tile. lln ap!>6o.1 with II. OOl.lrt .of Compllt~nl:
jurisdiotion Oval." thn oubj~ct mattor..
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ATTACHMENT B
.. MEMO ..
MADDEN ENGINEERING. INC.
431 E. Horatio Avenue, Suite 260
Maitland, Florida 32751
Telephone (407)629-8330. FAX (407)629-8336
To:
AIT:
Fax #:
City of Winter Springs
John Baker
407-327 -6695
From:
Date:
RE:
Denver M. Marlow, E./.
Friday, August 30,2002
Wagner's Curve Variance Request
Mr. Baker,
Currently we are applying for a variance for the Wagner's Curve project.
The variance requested is for the Pre verses Post Development volumetric
difference criteria proposed by your code.
With the support of Ms. Kimberly Hall of yoyr office, It was agreed that this
site does not lie, nor does it discharge to an area which h$$ historical
water management problems. As per St. Johnls River Water Management
District criteria, slte8 such 8S these are exempt from the volumetric
comparison.
We re$pectf..,uy request this variance with the support of your staff. If you
have any questions or concerns, please feel free to con ct me. Thank you.
NUMBER OF PAGES (INCLUDING COVER SHEET):
1
/
- FAX TRANSMITTAL -
i\,1ADDEN ENGINEERING. INC.
431 E. Horatio Avenue, Suite 260
Maitland, Florida 32751
Telephone (407)629-8330" FAX {407)629-8336
To:
ATT:
Fax #:
City of Winter Springs
John Baker
407 -327 -6695
From:
Date:
RE:
Nicole Martin
Friday, August 23, 2002
WAGNER'S CURVE
Per your request, please see the attached
surrounding property owners.
If you have any questions please feel "free to contact
our office. Thank you.
NUMBER OF PAGES (INCLUDING COVER SHEET): g
~Lp Output
26-20-30-5A R-ODOO-026B
DOT/State of FL
605 Suwannee St
Tallahassee, FL 32399
26-20-30-5AR-ODOO-0210
Norma J Cottle
1421 S. Grant St.
Longwood, FL 32750
o 1-21-30-5NY -OAOO-OOOO
Winding Hollow Dev Co
250 E. Broad St.
Columbus,OH 43215
26-20-30-5AR-ODOO-0180 & 26-20-30-5AR-ODOO-0188
Springs Land Inv Ltd.
175 Lookout Place, Ste. 201
Maitland, FL 32751
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