HomeMy WebLinkAbout2002 11 12 Regular Item A
BOARD OF ADJUSTMENT
AGENDA ITEM A
November 12. 2002
Meeting
REQUEST: Community Development Department presents to the City Commission the
request of Paul Starks for a variance from the requirements of sections 6-2 and 6-
84 of the City Code to allow a detached workshop/storage shed to exceed 240
square feet.
PURPOSE: The purpose of this agenda item is to consider a request by Paul Starks for a
variance from the provisions of sections 6-2 and 6-84 to allow construction of a
detached workshop/storage shed to exceed the 240 square foot maximum at 210
Arnold Lane (Lot 6, Block H, North Orlando Ranches, Sec. 1A). The applicant's
correspondence indicate a building size of either 875 square feet or 1225 square
feet.
APPLICABLE CODE:
Sec. 6-2. Compliance with chapter.
(a) No building or structure shall hereafter be constructed, altered, except in
conformity with the provisions of this chapter.
Sec. 6-84. Accessory buildings.
(b) Height and size restrictions. The maximum height shall be twelve (12) feet
measured from ground level. The maximum size of any structure shall be two
hundred forty (240) square feet.
Sec. 20-1. Definitions.
Accessory. The term applied to a building or use which is clearly incidental or
subordinate to and customarily in connection with the principal building or use
and which is located on the same lot with such principal building or use.
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.
November 12,2002
BOA Agenda Item B
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
is required shall be begun, or both.
November 12, 2002
BOA Agenda Item B
Page 3
(3) U.nder 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
submit an application pursuant to section 20-28.
November 12, 2002
BOA Agenda Item B
Page 4
(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)
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:
October 16, 2002 - City received application for variance.
November 12, 2002
BOA Agenda Item B
Page 5
FINDINGS:
1) Staff has not received 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 has determined that the variance request does not conform to the six
criteria set forth in Section 20-82 of the Code.
3) In order to recommend approval for the variance request, the BOA must find
that the variance request meets all 6 variance criteria set forth in Section 20-82 of
the City Code of Ordinances.
4) The applicant received a variance from the City's rear-yard building setback
requirements to construct a primary structure at this location in an area where the
fewest trees would be destroyed or disturbed.
RECOMMENDATION:
Staffrecommends that the Board of Adjustment consider the variance pursuant to
the criteria outlined in section 20-82 of the Code. Approval requires consistency
with all six criteria. Any decision of the BOA should be mindful of the variance
that was granted in order to save trees - the applicant should demonstrate that few
if any trees will be removed or damaged if this structure is built.
ATT ACHMENTS:
A - Plot plan submitted with proposed accessory building drawn in
B - Variance application
BOA ACTION:
ATTACHMENT A
,
EY WAS PREPARED FROM TITLE INFORMATION FURNISHED TO THIS SURVEYOR. THERE MAY BE OTHER RESTRICTIONS OR
DED EASEMENTS THAT AFFECT THIS PROPERTY.
cRGROUND IMPROVEMENTS HAVE BEEN LOCATED UNLESS OTHERWISE SHOWN.
RVEY IS PREPARED FOR THE SOLE BENEFIT OF THOSE CERTIFIED TO AND SHOULD NOT BE RELIED UPON BY ANY OTHER ENTITY.
fl ONS SHOWN FOR THE LOCATION OF IMPROVEMENTS HEREON SHOULD NOT BE USED TO RECONSTRUCT BOUNDARY LINES.
"GS ARE BASED ON ASSUMED DATUM AND ON THE LINE SHOWN AS BASE BEARING (BB).
. RTY HEREON LOCATED IN ZONE" X" &"A" PER F.l.R.M. COMMUNITY PANEL NO.. 1202950145 E DATED 04-17.95.
ATlONS HEREON REFERENCED TO SEMINOLE COUNTY DATUM (NGVD '29).
/> c/INt-.\. SETIP
Delta An~le Radius Arc LS 4243
84013'51 4000 58.80 "'lA"€. '05.1'2'
36"23'08" 109.86 69.77 ~ 8,oQ .~/. CV)
6"07'34" 20959 2241 t)
12"35' 14" 757 84 166.49 -- .
96"30'53" 40.00 67.38 APPROXIMATE J~ - SETIP
TOP OF BANK .' LS 4243
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.BOARD OF ADJUSTMENT APPLICATION
CITY OF WINTER SPRINGS
, I 11 2 6 'E AS T S TATE R 0 A D 4 3 4
:WINTER'SPRINGS1 FL 32708-2799
(407)327-1800
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FOR:
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SPECIAL EXCEPTION
VARIANCE
'CONDITIONAL USE
ADMINISTRATIVE DECISION
1. A-PPLICANT:
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ADDRESS:
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2 PURPOSE OF REQUEST: fJ€./l.,.....~SSf evJ. j"t. 8..,~'-!). A~v.J I\- ~c:H.CJ) {Jv-:-I3"fd:; f..(S:
AP~Ad-l.IMA.-tH!.c..'" 2.$y..35'"1O $'Il!... ",sE.t::. AS A f,Jell.Il.SII-,b/SfrwA4t::C
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3. ATTACH A COPX OF THE PARCEL SURVEY.
4. ATTACH AN 11x 17 MAP S~OWING THE SUBJECT PROPERTY AND
SURROUNDING PARCELS.
5. ATTACH LEGAL'DESCRIPTION.
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6. TAX,PARCEL~DENTIFi:CATION NUMBE~i' (11--'.'-.10 -:5'.~.. ofl'(1o _ tH!J4o
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7. LOCATION 'OF. PARCEL. (St'.reetAddres's . and/.6r..:Nearest Cross
Streets): .2.ltP ,JJ~~dc.b1.4...~ cJ,A(-rcll.. S'Pn..;^-(e:.s.' t::'"__. 32-.7otr
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8. PRESENT ZONING: . ~/AA- .
FUTURE ,L~ND USE:
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By Signing below'I ~nderst~nd that City of ~inter Sp~ings Officials
may enter upon mY'property to inspect that p'ortion. as relates to
this applica~ioh; . .
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(If the applic~nt is not the. owner of the subject property, the
applicant must attach. a letter of authori"zation signed by the
owner) .
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OWNER-PL'E:ASE TYPE .
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QWNER-SI NATURE, '.
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Ocr 162002
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PERSbNS ARE ADVISED THAT,' IF THEY DECIDE TO APPEAL ANY.. DECISIONS
HADE AT THESE HEETINdslHEARINQSi THEY WIt~ NEED A,RECORb OF THE
PROCEED!NGS AND FOR SUCH PURPOSE, THEY WILL NEED TO INSURE THAT A
VERBATIM'RECORD OF TH~ PROCEEDINGS IS H~DE, 'AT'THEIR 'COST, WHICH I
INCLUDES THE TESTIMONY AND EVlbENCE UPON ~HICH THE APPEAL IS TO BE .:~~
BASED, PER SECTION 286.010~, FLORIDA STATUTES.'
Paul B. Starks
484 Wild Fox Dr.
. Casselberry, FL 32707
City Commission
City Of Winter Springs
Winter springs, FL 32708
Dear Sirs:
This letter is attached to a Variance application that requests permission to build a
workshop at 210 Arnold Ln., Winter Springs, FL 32708. The legal description is Lot 6,
Block H, North Orlando Ranches, Sec. lA as recorded in plat book 12, Page(s) 32-32, of
the public records of Seminole County, Florida.
This is a 1.31-acre parcel that I am currently in the process of permitting a residence, and
construction for that should begin by the time you read this. The workshop will be
approximately 1225 square feet or less. It will comply with all State of Florida and City
ofWiilter Springs building codes and will be used as a shop and storage facility and not
any commercial use. There are no setback issues and it will be constructed in an aesthetic
manner commensurate with its surroundings. Many other homes in the immediate area
have similar structures.
Thank you for your consideration.
Sincerely,
rk-f ;tl-..Lt::t
Paul B. Starks