HomeMy WebLinkAbout2002 10 23 Regular Item C
CITY 01 WINTER SPRINGS
MINUTES
CITY COM1VllSSION
RIOGULAR MEETING - l\'lfl.RCH 13. 2000
I'agc 12 of 16
,
VOTE:
COMMISSIONER MARTINEZ: NAY
DEPUTYMAYORGENNELL: AYE
COMMISSIONER McLEOD: AYE
COMMISSIONER MlLLER: AYE
MOTION CARR1~D.
/
tvf~:_~~_?I.~t1.~._~b-_l:?n stated, "Mr. Garcia will either go forward the way it is presented, or
instead - or you know, he'll appeal the decision - because the fifty (50) foot right of way
_ he~a[l have twelve (12) feet of pavement, no sidewalks and the edge of the fifty (50)
foot easement, next to the Oak Forest side has to be twenty (20) feet from the property
line."
Mayor Partyka called a break at 8:44 p.m.
The Meeting was called back to order at 9:01 p.m. by Mayor Partyka
E. Community Development Department - Land Development Division
Requests The Commission To Provide Direction Relative To A Request To Develop
Property Known As Big Cypress On State Road 434 Next To The Winter Springs
Golf Club At A Density Of 16 Units Per Acre.
I
Commissioner Martinez suggested that this issue be postponed for two weeks, so that this
matter could be further researched.
Commissioner McLeod arrived back in the Commission Chambers at 9:03 p.m.
Mayor Partyka asked members of the Commission on their opinion of whether to proceed
with this issue, and the consensus of the Commission was to "hear the issues."
Mr. LeBlanc advised the Commission on this proposed project. Discussion ensued on the
Comprehensive Plan; Golf Terrace Apartments; Courtney Springs Apartments; density;
C-l Zoning; and the three proposed alternatives.
Mr. Sam Benson: spoke on behalf of the applicant, and stated his two concerns were the
contiguous property and the densities allowed for the contiguous property; and the
Developer's Agreement Mr. Benson added, that "R-3 is up to sixteen (16) units per acre
- thatstill remains in your code."
,
Members of the Commission discussed whether a major Comprehensive Plan
Amendment was necessary; what happened with a similar project "Seville Chase";
connicts with the Comprehensive Plan; "lnfill District Zoning;" urban density; the
uniqueness of this property; rossiblc future uses for this property; Wetlands and
vegetative buffers; and possibly increasing the sewer caracity.
BOARD OF ADJUSTMENT
AGENDA ITEM C
October 23, 2002
Meeting
REQUEST: Community Development Department presents to the Board of Adjustment
Thomas Binford's request for a variance from the SR 434 Redevelopment
District sign regulations (specifically, Section 20-486).
PURPOSE: The purpose of this agenda item is to consider a request by Thomas Binford for a
variance to allow an existing non-conforming sign at 426 East SR 434 to remain
at its current condition, size, dimensions, and location. Mr. Binford states that the
sign was constructed according to the previous City Code, received a permit, and
should be allowed to remain. He further states that to move and/or rebuild the
sign would constitute a financial hardship.
APPLICABLE CODE:
CHAPTER 20.
ZONING
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
October 23,2002
BOA Agenda Item C
Page 2
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
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
,.
October 23,2002
BOA Agenda Item C
Page 3
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
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 ofappeal
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
October 23, 2002
BOA Agenda Item C
Page 4
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.
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. 20-486. Signs.
All signs and sign elements, including shape, form, lighting, materials, size, color
and location shall be subject to approval by the design review board if such signs
or sign elements are visible from adjacent properties or a street right-of-way.
(2) Ground mounted single-tenant identification sign: One (1) wide-based
monument style permanent project identification sign shall be permitted per
single-tenant parcel. One additional permanent wide-based monument style
project identification sign may be permitted for parcels in excess of one (1)
acre with more than one (I) ingress/egress serving more than one (I) building.
The minimum separation for all signs on an individual ownership parcel shall
be two hundred (200) feet.
a. Shall only advertise one (I) person, firm, company, corporation or major
enterprise occupying the premises.
October 23, 2002
BOA Agenda Item C
Page 5
b. Shall be located no closer than ten (10) feet from the front, side or rear
property lines.
c. Shall not exceed two (2) faces.
d. Sign copy area shall not exceed thirty-two (32) square feet per face. For
parcels in excess of four (4.0) acres, the project identification sign face may
be increased to forty-eight (48) square feet.
e. Shall be consistent in design, format and materials with the architecture of
the proposed building.
f. The sign shall not be more than eight (8) feet in height above the closest
driveway or vehicular use area.
g. Signs shall be in an enclosed base a minimum width of two-thirds (2/3)
the width of the sign. Landscaping shall be incorporated around the base to
include low growing shrubs and ground cover and/or annuals to promote
color.
Ordinance No. 2000-17 (please see attached)
CONSIDERATIONS:
On November 10, 1997, the City Commission adopted Ordinance No. 683, which,
among other things, created the SR 434 Redevelopment Overlay Zoning District.
It also set forth standards for signage and provided a 5-year maximum
amortization period for signs that were not in compliance with the new standards.
On June 12, 2000, the City Commission adopted Ordinance No. 2000-17, which
provided that any sign, other than a billboard, could be amortized and maintained
until November 14,2002. At or prior to November 14,2002, all nonconforming
signs must be removed and may be replaced with signs that conform to the design
standards set forth in the S.R. 434 Redevelopment regulations. All directly
affected property owners were notified at or about the time Ordinance No. 2000-
17 was adopted.
As a reminder of the up-coming deadline, on July 26,2002, Community
Development Director Charles Carrington sent each property owner with a sign in
either of the SR 434 districts.
The subject site has C-l Zoning, a Commercial Future Land Use designation, and
is located within the SR 434 Redevelopment Overlay Zoning District. Mr.
Binford operates a business at the site.
Mr. Binford has stated that he believes this is wrong and that he hopes he will be
denied the variance request so that he may sue the City.
October 23, 2002
BOA Agenda Item C
Page 6
FINDINGS:
1).The subject site, 426 East SR 434, is located within the C-I zoning district, the
Commercial Future Land Use designation, and t~e SR 434 Redevelopment
Overlay Zoning District.
2).The SR 434 Redevelopment Overlay Zoning District sign standards have been
in effect since November 10, 1997, with the adoption of Ordinance No. 683..
3). On June 12, 2000, Ordinance No. 2000-17 amended the amortization deadline
set forth in Ordinance No. 683 and set forth a November 14, 2002, deadline for
existing non-conforming signs to be removed and replaced with signs that
conform to Code.
4 ).On or about September 18, 2002, the variance application was received by the
City.
5).The Board of Adjustment must find that the variance request meets all six
variance criteria, set forth in Subsection 20-82 (I) (c), in order to recommend
approval.
6). Staff determines that the request does not meet any of the six variance criteria.
7). A financial hardship does not constitute a hardship in terms of granting a
vanance.
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.
ATTACHMENTS:
A - Ordinance No. 2000-17
B - Variance application & map
C - July 26,2002, Charles Carrington letter
D - Occupational license information
BOARD OF ADJUSTMENT ACTION:
ATTACHMENT A
"(-
,,:"
OItDINANCE NO. 2000-17
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF WINTER SPRINGS, FLORIDA AMENDING THE
CITY OF WINTER SPRINGS CODE OF ORDINANCES,
SECTION 20-466 AND SECTION 20-454 DEALING WITH
SIGNS ALONG S.R.434; PROV[OING FOR THE-REPEAL OF
PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS; PROVIDING FOR INCORPORATION INTO
THE CODE; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Commission of Winter Springs created a special overlay zoning district
to encourage and provide for enhanced property development within the S.R. 434. commercial
corridor, and
WHEREAS, the City Commission of Winter Springs desired to reduce visual distraction
through uniform sign criteria, and
WHEREAS, The City Commission of Winter Springs recognizes that existing businesses.
within the overlay district may have nonconforming signs whose replacement may impose a fittanciar
hardship, and
WHEREAS, the City Commission however, finds that nonconforming signs are not favored
by law and shall, within a reasonable time proscribed herein, be amortized, removed, and replaced
with a new sign conforming to existing city codes,
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS
HEREBY ORDAINS, AS FOLLOWS:
Section 1. Winter Springs Code Section 20-454 and 20-466 are hereby amended as follows:
(underlined type indicates additions and sffi.keel:lt: type indicates deletions. while asterisks (* * *)
indicate a deletion from the Ordinance of text existing in Section 20-454 and Section 20-466. It is
intended that the text in Section 454 and Section 20-466 denoted by the asterisks and set forth in this
Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance).
Section 20-454 Signs.
'" '" '"
(r) Nonconforming Signs.
( I) Any sign, other than billboards, ha....ing-6n--Br-igtnal-wst-iA excess of-Bne-fltlfldred
(-$-I-GGj-dellar-s-anG which is nonconforming us-te-peAniHed-sign-ar.ea-ef-afl)'--Bther reason
whi611-weuld-neBeSSitate-t:he-oomplete-f-emeYa~--Bf--tet:al-replaeement-eHRe-sign, shall be
amortized and may be maintained until November 14. 2002 .a-pefied-eUf-em-enef-l+te
City o{' Wintcr Springs Onlinallcc No. }()()(I.17
I'age lor"
,.~
2
(IV e-( -=')~)-Y eil IS lie 11H:h e-etrec-t~ve-B ate-e f-l~leSe-Besi gn-slii Ile arE! s. :1:.J 1 e-teHH-{3 t:yea-FS-tB--be
dele Ff 11 i Il ed -0 y-ll1 e-wSI-Bf'--l-h e-sii:,>iH3 r-B f--feAEWat~ en;-i nel u din i:,>-i ns Iii ~ at~elr,-Shall--ee-as
fel10ws~
G ri gi nahSfb>i+-e-0SH3r
R-enevat~eA-GBst
Per-mit-ted Yea,-s-fwffi
Effectivc Qatc of Design Standaffis
$0-$-3-;GGO
~-;-GO+-$-l-G-;OOO
Gver $10,000
2
3
5
(2) Any owncr of a sign whe-eesires to rely upon an amortization period longer than
thrcc(J) years shall file with the City within one (I) year from the effeoti',e date of
tflese-eesigfl-Stafldards, a statement setting forth the cost and date of the most reoent
FeflevakB~d a v/ritten agreement to remove or bring into oonf{)rlnanoe the
ABflWArormffig sign at oF-f*ieF to the expiration of thc amortization period applicable
HH~lfrt-sigft:--The maximum period to amortize a sign shall be five (5) years.
At or prior to November 14. 2002. all nonconforming signs shall be removed and
may be replaced with signs that confonn to the design standards set forth in the S.R.
434 New Develop-ment regulations.
(3) Violations shall be subject to Chapter 2, Article 3. Division 2 Code Enforcement,
City of Winter Springs Code of Ordinances.
Sectioll 20-466 Siglls
* * *
( r) Nonconforming Signs.
( I ) Any sign, other than billboards, having an original oost in exoess of one hundred
($lOO) dollars ami-which is nonconfonning os to pennitted sign area or any other reason
which wOt:l4€Hle€esSitate the complete removal or replacement of the sign, shall be
amortized and may be maintained until November 14,2002. a period of from onc (1) to
t+ve--(-:B-yeafS--fffim-the effective date ofthese-eesign standards. The term of years to be
eeter-minecl-by-t~le oost of the-sigfl-ef-eH--enevatie~eh:fEifflg-ffistaHat-ten cost, shall--be
as-fellewS'-
City of Willlcr Sprillgs Ordillallce No. 2000-17
I'age 2 or II
..,
~
-'
G I'i gi na l-S i gfl-€est-B[
R-eneviilien-Gest
P.eHll i t-tee-Y-ear-s-fr-0 IH
efreBt~v~ate-ernesign-ShtAEliir-es
~G-te-$:1-;DOO
~:1-;OG-He-$-1-Gf)GO
Gver-$-l-G,-GOO
2
3
5
(2) AAy-BWAer-eHrsign-wAe-6esires to rclay-t:tpelHlfHlffiertization period longer than
three-{.J1-yeaf'S-Sfial+-file with the City witlllit-ene (1) year from the-clfective datc of these
E1esign-stanElards, a statement setting f~fffl-the cost and date of the-mest rccent
fenevatffln,and a writt'efl-agreement to remeve-eHring into cOAfefmance the
RooooAteFmmg sign at o~er to the expimtion of the amortization peFi.od appliooble-te
fflat sign. Th~l.ffAferiod to amortize a sign shall be five (5) years-:-
At or prior to November 14. 2002. all nonconforming signs shall be removed and
may be replaced with signs that conform to the design standards set forth in the S.R
434 Redevelopment regulations.
(3) Violations shall be subject to Chapter 2. Article 3. Division 2. Code Enforcement,
City of Winter Springs Code of Ordinances.
Section 2. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent
ordinances and resolutions adopted by the City Commission, or parts of ordinances and. resol.utions
in conflict herewith, are hereby repealed to the extent of the conflict.
Section 3. Incorporation Into Code. This ordinance shall be incorporated into the Winter
Springs City Code and any section or paragraph number or letter and any heading may be changed
or modified as necessary to effectuate the foregoing.
Section 4. Severability. Ifany section, subsection, sentence, clause, phrase, word or provision
of this ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed
a separate, distinct and independent provision, and such holding shall not affect the validity of the
remaining portions of this ordinance.
Section 5. Effective Date. This Ordinance shall become effective immediately upon adoption
by the City Commission of the City of Winter Springs, Florida.
City of Winter Springs Ordillnllec No. 2000.17
"age .1 or ~
. "',
4
ADOPTED by the City Commission of the City of Winter Springs. Florida, in a regular
meeting assembled on the ~ day of June VJ~(
Paul P. Partyka, Mayor
ATTEST:
APPROVED AS TO LEGAL FORM AND SUFFICIENCY
FOR ):,r~~TER SPRINGS ONlX
Anthony A. Garganese, City Attorney
First Reading:
Second Reading:
Effective Date:
City or Willter Sprillgs OnJillRllce No. 2000-17
I'/Igc Ij or Ij
ATTACHMENT B
***LIVE***REFRESHED 89/86i82**
. "ISCELLAHEOUS CASH RECEtP,TS,)
,NT Date 1 tillie ': 89/29/82:
,:b Y Payment : S58lt ee
:,.0) Receipt" 2938F.
..of Check II: 776,..
or Clerk dascano,,"
an Paid By ~IHFORD,o
of -.
competent
------
._~'~
BOARD OF ADJUSTHENT APPLICATION
CITY OF WINTER SPRINGS
1126 EAST STATE ROAD 434
WINTER'SPRINGS, FL .32708-2799
(407)327-1800
C~t.CE!iVEr.J:
POR:
SPECIAL EXCEPT10N
VARIANCE
'CONDITIONAL USE
ADHINISTRATIVE DECIS10N
:, ~_p 1 ( 2002
x
CI TV OF 'Nll\l n.:''\' .3PRINGS
Communlly D.~v~lf)pmCnl
1.
APPLICANT:~/"1rf5 II. E/N;e:orev
ADDRESS: 4-L~'f:=-'HLVY. {J~
3.
ATTACH A COpy OF THE PARCEL SURVEY.
ATTACH AN 11 x 17 HAP SHOWING THE SUBJECT PROPERTY AND
SURROUNDING PARCELS.
4 .
5.
ATTACH LEGAL' DESCRIPTION.
TAX PARCEL ~DENTIFICATION NUHBE~:' 3''-/ -2-0-JO- 9JB - 0800 -OCJZO
6.
7. LOCATION OF PARCEL (Street Address and/or:Nearest Cross
streets): 'fL.G r=. H'<./Y 'I ]>'1
C-J
8. PRESENT ZONING:Cot'"1"'d'n:c'~L /Ztr~'L FUTURE .LAND USE: CO....,,.,~cl.-?L
By Signing below' I understand that City of Winter Springs 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, the
applicant must attach a letter of authorization signed by the
ol.'ner) .
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O:dSE TYPp~
OWNER-SIGNATURE. .
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TOM it.' BINFORD
704 CHICKAPEE TRAIL
, MAITlAND" FL 32751
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990) ,BANK OFCENrnALFLOIUDA
> .. 100 S. Orbndo Avenue
i. .' : Mailbnd, Flori.d. 327S 1
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CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE Ror~D 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone (407) 327-1800
Fax (.107) 327 -0018
Community Development
July 26, 2002
Business OwnersfProperty Owners
S.R. 434
Winter Springs, FL 32708
Dear Business Owner/Property Owner,
The City Commission on June 12, 2000 passed Ordinance number 2000.17 requiring all
signs along S.R. 434 to comply with the S.R. 434 Development and Redevelopment
Overlay Districts. Business and property owners were awarded a grace period for
compliance until November 14,2002.
Business and property owners were given a first notice of the ordinance change
July 25,2000. This correspondence is to again notify you that the grace period ends
November '14,2002 and all signs must conform to the sign code. A copy of Ordinance
number 2000-17 is enclosed.
Any sign that fails to conform after Novembcl' 14,2002 will be subject to Code
Enforcement action and possible fine. If you have questions you may call John Baker, at
(407) 327-5966.
Sincerely,
L::..6--h
Charles C. Carrington, AICP
Community Develupmenl Director
ATTACHMENT C
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Entry datI'
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j07/30/2001
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PAGE Ell
COMMISSI N AGENDA
ITEM D
Consent
Informational
Pub Ii c Hearing X
Regular
October 14, 2002 ItJ/"(t>r-
Meeting
REQUEST:
Mgr. /
Att. /
Dept.
The City Attorney requests the City Commissio consider First Reading of Ordinance No. 2002-31
that would amend the City Code regulating 5 reen enclosures, provide a definition for screen
enclosure, and provide for setback, height, and ot er requirements regarding screen enclosures under
the City Code. -
PURPOSE:
This ordinance is intended to broaden the applic ion of the existing screen enclosure regulations so
that they apply regardless of whether a pool is e closed.
APPLICABLE LAW AND PUBLIC FOLIC :
I . Florida Municipal Home Rule Powers A 1.
2. Chapter 6, Article IX, City of Winter Spri gs Code of Ordinances, establishes regulations for
screen enclosures for swimming pools.
CONSIDERA TIONS:
A. The existing Code regulates setback and height requirements for screen enclosures when a
pool is enclosed. These setback and heig t requirements are different and more relaxed than
such restrictions which generally apply t principal and accessory structures.
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B. Particularly, the screen enclosure can be 1 cated within seven (7) feet from the rear property
line. The seven-foot setback is closer th the typical twenty-five to thirty-five foot rear yard
requirement applicable to residentialzoni g districts under the City Code.
C. The City Commission recently question d the logic of not applying the same seven-foot
setback requirement for a screen enclosu e without a pool.
D. The City Commission determined that he more relaxed screen enclosure rear setback
regulation should apply regardless ofwh ther a pool is enclosed.
E. Upon approval of this ordinance, all scree enclosures could be constructed within seven feet
of the rear property line, except if the rea line abuts a lake. In which case, the rear setback
for the screen enclosure will be twenty-fi e feet.
STAFF RECOMMENDA nON:
The City Attorney recommends that the City Co mission approve this ordinance on First Reading
and move that this ordinance be advertised for a . econd Reading and Public Hearing
ATTACHMENT: Ordinance No. 2002-31.
COMMISSION ACTION:" ., . .
On August 26, 2002, the City Commission directe that this ordinance be prepared for consideration
when the City Commission denied a variance reque ted by Richard Grimes. The variance would have
allowed his porch to encroach within the 20-foot rear building setback at his home located in Fox
Glen at Chelsea Park.
f:\DoeolCily or Win.., Soringsl^"",d'\^il""d~.l).Sor"'nl!n<I""ur"."T>d
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nnt ~f: 8ROWN,WAAD,SALZMAN8WE ,..; oJ
PAGE 03
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ORDINANCE
AN ORDINANCE OF TlTF, COMMlSSION OF TR"E
CIlY OF WINTER SPRING FLORIDA, REGULATiNG
SCREEN ENCLOSURES; PRO lDl.NG A DEFINITION FOR
SCREEN ENCLOSlJRF-; PR VIDTNG FOR SETBACK.
HEIGHT, AND OTHER REQU MENTS; PROVIDING FOR
THE REPEAL OF PRIOR eN ONSISTENT ORDiNANCES
AN 0 RESOLUTIONS; PROVID G FOR INCORPORATION
INTO THE CODEi PROVTDIN FOR SEVERABILITY; AND
PROVIDING FOR AN ~}4".t'EC Vi DATE.
W HER Et\S. the City currently regulates th placement and construction of screen enclosures
under the swimming pool code; and
WHEREAS, the City Commission finds th t the regulations applicable to screen enclollures
should apply regardless of whether a pool is const
WHEREAS, it is the intent and purpose f this ordinance to apply the screen enclosure
requirements set forth in this ordinance to all sere enclosures, regardless of what may he cJ'lclosed
WHEREAS. the City Commission of the ity of Winter Springs, Florida, hereby finds this
within the screen enclosure area; and
ordinance to be in the best interests of the public he Ith, safety, and welfare of the citizens of Winter
NOW, THEREFORE. TUE CITY CO MISSION OF THE CfIY OF WINTER
Springs.
SPRINGS BEREBY ORDAl.NS, AS FOLLO S:
Section I.
Recitals. The foregoing recitals are hereby incorporated herein by this
reference.
Sectiol\1,.
Swimming Pool Code A"!t ded. The City of Winter Springs Code. Chapter
Cit)' cot" Win St'~3
Ordinance N .2002.)1
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~!nt ~i: 8ROWN,WARD,SALZMAN&WEISS,P.A.j 407 425 596; Oct.~.U~ 4:u/~Mi
PAGE 84
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6, Article IX, Swimming Pools, is hereby amend as follows: (underlined type indicates additions
MING POOLS
and M.;keout type indicates deletions, while Bsteri~ s (. · *) indicate a deletion from this ordinance
oftexl existing in Chapter 6, Article IX. It is inten ed that the text in Chapter 6, Article IX, denoted
by the asterisks and set fonh in this ordinance s 1 remain unchanged from lhe Icmguage existing
prior to adoption of this ordinance)
. . or
Sec. 6-21 I. Definitions.
. " .
its ~jJ.J\]1 t.
* " "
Sec. 6-219. \' a rd..
. " .
eil} of Winl Spruill:'
Or.JUuan~e N .2002-) I
ra~) f S
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B BRO WARD SAlZMAN&WE1S~ ~ A' 4Uf 4~~ ~~O,' V~l'O'U~ ~:U(~Mi
.,In-t "y.; WN, I ", . .,
PAGE B5
"''''':It: "'0
. :'thall be sl1ppt;ed ~;th all pla.u~ !hv\oo,~
thAt Sll.ule
hi~-wll.ter control level.
S<<tion 3.
Sec. 6-85.
res Created. Section 6-85 oflht: City of Winter
Springs Code is hereby created to read as follows
~~(:r 6-85. Screen enQQsures.
w
required for its SUPDort.
ill Mesh: to~d ReQuirements.
s . h.D .
any closer than twentv-tive (25) fee1froPl th
@
subiect prODef1V. except when tb..~ rinci
Cityt>(Winl Spring:t
ONinCln<< NQ 2002.) 1
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PAGE 06
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s.creert enclosure shall be set back.
modified so that it DQ lonAer satisfies the defi . i
w
within
nt area. unless
2 fC(et from the minimum ~etbllC.k r~(Juirr:mentj
the wement C'Xtlfl!ssly aJ.!..!lli1 said eonstructiotl
ill Sc;reen QIclosure modifi
b1e to princiDjll and accessory
buildimu for the subiect oroom\'
Stttlon 4.
Rtptal of Prior Incon.in at Ordinance. and Re-tolution.. All prior
inconsincnt ordinances and re$olutions adopted by e City Commission, or parts of prior ordinaoc.es
and resolutions in conflict herewith. are hereby rep aled to the extent of the conflict.
Section 5.
In('OtpOTatiod Into Code. This ordinance shall be incorporated into the
Winter Spr-iJqp City Code and any section or para raph /lumber or letter and any heading may be
changed or modified as necessary to effectuate the orego1ngr. .. ... ~'''_ _ .
Stttion 6.
Severability. If any sectio subJiection, sentence, clause. phrase, word or
provision uf this ordinance is for any reason hel . invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, p
aI. or any other reQSOn, such portion shall
be deemed a separate, distinct and independent provi. ion. and such holding shall nof affect the validity
oflhe remaining ponions of this ordinance.
Section 7,
Eft'ectl\'e Date. This Ordi ancc shall become effective immediately upon
adoption by the City COll1Dllssion of the City of W ter Springs. Florida, and pursuant to the City
,
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.,
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. ~ .
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PAGE El7
"~\4e OJ\)
Charter.
ADOPTED by the City Commission of t c City of Winter Springs, florida, in a regular
meeti~ assembled on the ___ day of _____
A lTEST:
ANDREA LORENZO-LtJACES. City Oerk
Approved u to legal form and sufficient)" for
the City orWlnttr Springs only~
Anthony A. Gargaone. City Attorney
First Reading:
Second Reading:
Effective Date:
~~\J IionICa)- ofWillf. Sptin~\()nlinan~~ l::.ftdnMCIl.\Of'd
City of Willter SpriAslJ
OtdiullZ\CC No. 002.31
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PAUL P. PARlYKA. ~yor
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