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Home My WebLink About2003 02 06 Regular Item C ',' BOARD OF ADJUSTMENT AGENDA ITEM C 02/06/03 Meeting REQUEST: The Community Development Department presents a request for variances by James and Adele Kelsay from sections 6-2, 20-103, and 20-186 of the City Code of Ordinances, to (a) encroach 10 feet into the 25 foot rear building setback to construct an additional bedroom on the concrete slab where an existing screened porch with an impervious roof is located at the rear of the house and (b) allow the existing house to remain encroaching approximately 2 feet into the 25 foot front yard. PURPOSE: The purpose of this agenda item is to first address the existing non~conforming situation (front and rear setback violations) and then address the request allow expansion of this non-conforming building (Lot 16, Block E, North Orlando Terraces, Unit I, Sec. 2, depicted in Plat Book 16, Pages 64 of the Public Records of Seminole County, Florida). The applicable 25 foot rear building setback is set forth in the R-l zoning regulations (Section 20- 186), cited above. The pool deck encroachment into the 10 foot utility easement is a separate issue. The shed ~as been removed and is no longer an issue. APPLICABLE CODE: Sec. 6-2. Compliance with Chapter. Sec. 20-82. Duties' and powers; general. Sec. 20-103. Restrictions upon lands, buildings and structures. Sec. 20-186. Front, rear and side yard regulations. CHRONOLOGY: 1973 - Single family residence constructed ( 1981 '-' - Pool & pool deck patio constructed 1997 - Screen porch constructed February 6, 2003 Page 2 2000 - Kelsays purchase house and property . January 23,2003 - Variance application was received by City. FINDINGS: I) Lot No. 16, Block E, North Orlando Terrace, Unit 1, Section 2, is within the R-l zoning district Moderate Density Residential Future Land Use designation (3.6-6.5 D.U.lacre). 2) The required front and rear yard building setbacks are 25 feet, as set forth in Section 20-186 of the City Code. A note on the faces of Plat Book 16, Pages 63 and 64 states "ALL LOTS ARE A MINIMUM OF 60.0 FOOT WIDE AT A 25.0 FOOT BUILDING SETBACK LINE." 3) The applicant requested a variance to encroach 10 feet into the 25 foot rear building setback and approximately 2 feet into the 25 foot front yard building setback. 4) A variance requires compliance with all six (6) criteria outlined in Code Section 20-82 (staff does not believe that the request meets any of the 6 criteria): a) 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 in the same zoning district; The site is an existing non-conforming situation that should not be expanded. If the house were to be expanded, available space on either side of the house exists for a substantial room. Both locations (sides) are more expensive that the applicant's proposal. b) that special conditions and circumstances do not result from the actions of the applicant; The applicants did not create the situation, but are requesting to expand it. The builder and previous owners created the non- conformity. ' c) 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; Granting the variance to expand the non-conforming structure into the rear yard would confer special privileges upon the applicants. February 6, 2003 Page 3 d) 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; A literal interpretation of the provisions 'of this chapter do not deny the applicants of any rights and does not work any hardship -much less an unnecessary hardship - in terms of adding on into the rear setback. The existing non-conforming situation may be maintained indefinitely as long as the non-conformities are not destroyed or demolished. e) that the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure.; and There is already reasonable use of the land, building or structure. Further, if the building were expanded, the applicant could opt for an addition to either side of the house. t) 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. To grant the variance would be inconsistent with the intent and purpose of and undermine the code. 5. The applicant has been provided with the side-yard alternatives and is investigating these with an architect. RECOMMENDATION: Staff found the variance request incon~istent with the 6 criteria necessary for granting a variance and recommend denial of the request. ATTACHMENTS: A - Plot plan/"Land Description" B - Variance application C - Applicants' supporting documentation BOA ACTION: 2.0' ENCR \ 10 C\l ['- '<t " 10 o CJ) 3.80 ON IE ----. ~ d?;5 0.. "-....-' lO CO CO ~ T-< ~ FCM NO# ATTACHMENT A- Jv 8;::0 ?.c;.' 28" !y o I o I o I o I ~ i J "? 110 .00' (Pci::A.r wi) .?> /', . t.J ::::l o ...... J;>. \ J;> .0. r- --.j ~ l=86.93'(P} R=50.00'(P) -' -- / /" / So .00' (.c~ . ~). ~ R=50.00'(P) L=:3S.05'(P) Tan~20. 00' . f),=: 43036' OS" ChBrg=:S0504 7'33'~W Ch=:37.14' ~ CONCRETE _,_11- W\R( f'EHCZ . _0-0- WOOO FENCL -c--- PROPERlY CORHER t PRoPERTY LINE \ CENTERLINE (il) Rl:CORO IolEASUREIolEMT (II) nELO II(ASUREO fD4'cP fOUND 4 'CONCRETE POST SR8 .SET 1/2- CW'ETER Rl:B>IR TYP. TYP'O!. MORl: OR LESS CN iAN C:. L R HID 0- ENCR FlP fRS N(lCN OuR CHORD TANe<:MT DELTA J.fl{; u:HCTIi R.'DIUS .....L,l/'lDOlSC et(.AR ENCROACHMENT fOUND IRON P'PE fOUND Rl:B>IR . NEICHBORlNC PROP~RlY SUBJECT PROPERlY PfUJ .PER).W>t(MT REfERtNCE ).ICNu~(NT PO' PER"'ANENT CONTROL POINT POB POINT Of 6EClNNINC' pcc POIIIT Of CQllMEHCC:\lENT PC<::oI POINT ON CUlM: PC POINT Of CURVATURl: PI. POINT Of INTERSECTION PT POIIIT Of TNlaNC'I PRO POIIlT Of R(V(RSE culM: PCC' POINT Of COMPOUND CUlM: O.U.E. OP.-'JNACE & UTILITY EASEMENT U.E. uTILITY (ASElIEIIT OA fO R/W ORS ff EL NTS 'tI1 N S E ." CCNC.~TE 1l0NUMENT fOUND R1CHT-Cf-'#AY orne..... RECORD eOOK FINISHED fLOCR ELEVATION IIOT TO SCALE 'MTH NORTH SCUTH (AST WEST . NOTES; . ^""SEi;. T) IIOT ".....0 UNLESS SIC/lATURE IS Olov- . REClS,EREO LAND SuRV('(ORS sOt. HER 2) LEG.1l. CESCRIPT1Co~ PROVIDED OT J) PROPERTIES SHD'/IN HEREON (ASE>lEMTS OR" OTHER RECC SHOWN ON THE. PROPERTY 4) e<"..}RINCS WHERE SHOWH JJ<E CTHERW1SE NOTED. 5) UNOERCROUND UlIlITI!S. 'MPRQI.1:IolENTS. If )Jlt. 6) ELEVAlIOIl5. IF S>fO"!'9~ . vERTlO!. DATU,", t ". \ rr~' ~I~ ~ 11- ~Iw- ..~....J\ V 0- ~ ,. ATTACHMENT B p,-/ ?~Jr;; .'~ I C:;inJ B.QZJ I r-:~>' 5- r;" ,--- A - . z> ------- d ,BOARD OF ADJU STMENT APPLI CAT I ON ;t:I:::. ! CITY OF WINTER SPRINGS 0' 1126 'EAST STATE ROAD 434 E /'\ r2 :WINTER'SPRINGS, FL 32708-2799 ~' .(407)327-1800 FOR: x SPECIAL EXCEPTION VA'RIANCE 'CONDITIONAL USE ADMINISTRATIVE DECIS10N &d~ 70?-7i'1-6flfr 1. APPLICANT: ::JCl~ +\-\<k\>_ \<.e.\~ ,;, "PHQNE 4o-j-?;:).7-~5i.J..;;S ADDRESS: ~~:bll~ '"l€r,~:, \^)'lr:*el'~er.\~" "'~\ 3d.7()f) 2, ?ttf\P.OSE OF REQUEST: (Me), rL rmm ~ ffiu .~rn~r (5k IS I~ . I ~ . 3. ATTACH A COPX OF THE PARCEL SURVEY.~ 4. ATTACH AN 11 x 17 MAP ~~OWING THE SUBJECT PROPERTY AND SURROUNDING PARCELS. s. ATTACH LEGAL' DESCRIPTION ..., . , 6. TAX, PARCEL ~~ENTIFI6ATION NU~BEI;\.:' O~Q?/....~S~l OE~ O/C:,O 7.. LOCATION 'OF PARCEL. (Sl:reetAddres's . and/ir ,:Nearest Cross Streets):, [)m ]=\',(',,,", T-erriACL., l~;ttTPr~\~<:,.:t::.\ '. :'.," a. PRESENT ZONING: FUTURE LAND USE: . '. .' }, . By Signing below' I u'nderstand that City of Hinter Springs Officials m'ay enter upon .my property to insIlect that portion. as relates to ~his application; . . . (If the applicant is not the owner of the subject property, the applicant must' attach. a letter of authorization signed by the owner) . dk k (' file/SA<{ O"42~~. jd;~~~SlbN~~;~> .. ../ , , PERSONS ARE ADVISED THAT, IF, THEY DECIDE '1'0 APPEAL ANY/bECISIONS MADE AT THESE HEETINOg/~EARINGS, THEY WltL NEED A ,RECORD OF THE PROCEEDINGS AND FOR SUCH PURPOSE, THErWIL~ NEED TO INSURE THAT A VERBATIM'RECORD' .OF THE PROCEEDINGS IS.HADE, 'AT'THEIR 'COST, WHICH .,. INCLUDES THE TESTIMONY AND EVIbENCE tiPON NHICH THE APPEAL IS TO BE "I ~ BASED, P~RSECTION 286.010~, FLORlDASTATUTES ',' SECTION 20-84 - APPEALS FROM DECr'SIONS OF THE BOARD OF ADJUSTMENT (1) Ariy p~rson, or persons, jointly or severally agirieved by any decision of the Board of Adjustment may, within thirty (30) days after the filing of any de6Lsion in the office of the Board of Acl'jUstment, but not thereafter, apply to' the 'City Council for administrative r;eHef. After a hearin,g,befo,re't'l)..e City Council an aggrieve~ party maj, within thirty (30) days a~t'i the decision of the City Council; file an appeal with a court of competent jurisdiction over the subjecit m,tt~r~ . '-, . ,,'.,of~";' " ~. " ('. , ,I '- APPLICATION INSTRUCTIONS' " I A, staH, Report will be developed for each' Application, The Applicant sho~ld be ptepared to addre~s each of the issues provided below tor Variance ~equests. In urder to grant a variance, the,Board of ~djus~ment must ~ake th~ following findings of fact: 1. That special'conditions and circumstances exist which are peculiar to the land. structures or b~il~inas "involved and which are' not applicable to ot1er _an_s, structures or buildinas in the same zonina'distr_ct. . 2. That special conditions and' circumstances do not result from the 'actions of the, applicant., 3. That arantfna the variance requested will not con~er on the applicant any speoial privileae. that is denied b_ this chaptet to other lands. buildinas or structures in the same zoninq, di,strict. 4. . That,. literal inter'Pretation of ,the provisions of thi"s chapter would depriv~' the applicant of tiahts commorilv enioved bv other properties in, the same zonina district under the ter~s of this cha~ter and ~ould~ork unnecessarvh~rdship o~ the ,a p pi i can t . ",: 5. Tqat the'variance aranteci is the minimum variance that H.! 11 make pbssibl e. thG ;:,aas,onahl e use o,f the' land I bUll dina or structure. 6., .. Th?t the ai-ant of the variance w~ 1'1 be ~n' h,armonv with the aeneral intent and purpose: of th s cha~ter. will not be ,iniurious to the'neiahborhood.or otherwise det~imental to the pubLic w~lfare. " . . ", ,".' ')t. : Th~'r'equest must, be consistent with the ob1ecti ves and' ~61icies 'oftheComprehensi~ePIi~~ .. , , . THE APPLICANT'IS RESPONSIBLE FOR PROVIDING THE CITY !'lITH. THE NAJolES AND ,ADDRt;:SSE$ OF EACH PRqPERTY OHNER 'HI-THIN, '150 FT. OF EACH PROPERTY LINE BY THE SCHEDULED'TIME. THE APPLICANT IS RESPONSIBLE TO POST THE BLUE NOTICE CARD ON THE ; SITE AT LEAST SEVEN DAYS PRIOR TO:"THE 'BOARD, OF ,'ADJUSTMENT MEETI NO ) ,f AT HHtCH '~HE HATTER WILL' B~ e9NSIP~R~D: SAID'~OTleE SHALL NOT BE'.' , POSTED HITHI~.THE CIT~ RtGHTS-OF~NAt. ,: :":: I:',:" ,'I :' r,::I" , ')1 i" , , .". . .' ,I ',' . ':1' ! I i I~'" V~ WiNTER SPRINGS . jIVA. INFORMATION SYST?MS ,REPORT: bprpO!5 APN................ : DATE............... : PERMIT. . . . . . . . . . . . . : PROP. DEVELOPMENT..: SITE ADDRESS.......: SUBDIVISION........ : OWNER. . . . . . . . . . . . . . : ADDRESS............ : CITy/STATE/ZIP..... : FEE CODE DESCRIPTION ZP VARIANC VARIANCE YRIGHT KIVA 1997 - 2003 KIVA REPORTING SYSTEM FEE LISTING 032130S030E000160 23 -JAN-03 VARI T2003001 VARIANCE FROM ZONING CODE RUN DATE: 23-JAN-03 RUN TIME:03:17:48 PAGE: 1 OF 1 200 BIRCH NORTH ORLANDO TERRACE UNIT 1 SEC 2 KELSAY JAMES H & ADELE C WINTER SPRINGS FL 32708 TYPE - QUANTITY FACTOR 1 FEE AMOUNT $500.00 TOTAL FEE AMT $500.00 TOTALS: $500.00 at! VliJR ~ ~ ~*~L~VE!~*REF~ESHtD 31/1i'la3*~ HISC UI~CEllUNEOUS CHBH RECEIPTS Date I Time : Ci/23/03 15:38 Payment : $580. tiil Receipt # : J6i?276 ~~ec~/Credit Card #: 4398 Yl~~i< : ddScdno ~alO By : KEL3Hr, ~btLt ...,' j ATTACHMENT C January 23, 2003 Winter Springs Board of Adjustment ~126 East S.R. 434 Winter Springs, Florida'3270B SUBJECT: Kelsay Variance Application To The Honorable Members of the City of Winter Springs Board of Adjustment: , We are requesting a year yard variance.-of a dimensional nature. in order to affirmatively permit the screen room which was made a part of our home in 1997 prior to our purchase of the lot and home in 2000. The variance is allowed under Section 9-5 of the City Code, We are also requesting that the variance include the ability to enclose the screen room and include an area that runs from the rear of the screen room both northward and southward to the imaginary line running eastward.and westward from the northwest and southwest corners of our house thereby intersecting with the line of the rear of the screen room thereby extending the area of the screen room. The intent of this variance is to clear up any ambiguity relative to the current screen room and en~ure that we can include the area, as expanded, in order to construct a room in which Adele's eight-two (82) year old grandmother may reside. Adele's'grandmother has severe emphysema and Alzheimer's disease. All of our siblings have young children and/or can not otherwise feasibly take care of Adele's grandmother while' our children-are older and, thus, our home is the place of necessity as to the continued well being of Adele's grandmother. In addition to the above introductory statement, we provide the Board the following . reasons, as required in the City's variance application form and Section" 9-5 of the City Code, to support application for rear yard setback variance for Tax Parcel Identification Number 03-21-3Q-503-0EOQ-0160 located at 2000 Birch Terrace in the City of Winter Springs: ..~. " Winter Springs Board of Adjustment January 23, 2003 Page 2 . (1) The conditions and circumstances relating to the parcel for which the variance is requested (our lot) are peculiar in that the untypical configuration (shape) of the lot makes the placement of structures and buildings problematic. These problems are not applicable to most other lots which are typically configured in a more uniform manner and regular shape. The lot is about three times as wide at the rear lot line as it is at the front lot line. . The rear lot line is longer that the side lot lines. The. vast majority .of subdivision lots have a much more uniform size and configuration. ,Thus, there are clearly special conditions relating to the lot which we have not created. The attached petitions of support from all proximate neighbors whose opinions would be pertinent to the application before the . Board of Adjustment indicate that the special conditions and circumstances relating to our lot and our application have been noted and appreciated by these reasonable people. Pi ease see the attached petitions that have been attached as an exhibit to our application. We genuinely appreciate the support of our neighbors. (2) The special conditions and circumstances that relate to our lot and the circumstances relating have not been caused by us. likewise, when we purchased the lot in the year 2000, the screen porch was in place and permitted when we purchased the home and lot (as indicated by the attached exhibits noting that the porch was incorporated into the taxable value of the lot in 1997). The condition that we bring before the Bo~rd of Adjustment has not been self imposed. (3) The granting of the variance will not confer any.special benefit relative to our lot or to. us. The dimensional variance is one which is' commonly granted under sound and generally accepted planning, and. land develoPrlJent practices implemented by local governments throughout the State of Florida and the United States. Dimensional variances . are not deemed to be speCial Concessions or benefits to, lot owners. Dimensioned variances, when reasonable and justified such as the one that we request, are normative land use actions that boards and commissions, such as the City of Winter Springs Board ,of AdjustiTIent~ normally and routinely confer and grant to property owners such as us. We are requesting this variance to be able to take care of a loved elderly woman and not to . increase the value of the lot or any other purpose of a similar nature. (4) It is clearly not unusual for lot owners to add screen rooms or other rooms to their home, in which to house expanded families, mother/father in laws, or grandmothers. That is all that we are requesting. The literal and strict application of the City Code would deny us a use that is very commonto other lot owners who own more normally configured lots. The' denial would result in a hardship to us in that the preexisting screen room would be in an ambiguous situation and we would not be able to care for Adele's grandmother and her grandmother would be denied loving care in her last years of life. Public policy in today's world encourages families to take responsibility over the care of their family f' Winter Springs BO'ard of Adjustment , January 23, 2003 Page 3 members in need such as Adele's grandmother. That is what we are trying to do. (5) We are not seeking a large and intrusive use on.our property~ The request that we make .is the minimum that will allow the reasonable and normative use of our property in a manner that is taken for granted by most lot owners. The support of our neighbors as set forth. in the petitions that we have provided to you for your consideration as exhibits indicate that we are not overreaching and are requesting only that approval that is reasonable under the circumstances. It is only reasonable for a lot owner to be able to have a screen room or a room that is added to house a loved one or a growing family. That is all we are trying to do. (6) The rationale for the requirement that the grant of the variance be in harmony with the general intent and purpose of the Code and not injure the neighborhood or be a detriment to the public welfare is to ensure that the granting of the variance' does not hurt the' property values of proximate neighbors. We are grateful that our neighbors have joined in our application as indicated in the attached petitions of support. We are certain that the opinions of our neighbors would be less favorable to our application if the variance would reduce their property values. The grant of the variance will not reduce the property values of our the properties owned by our neighbors as the use that we have and propose to the City of Winter Springs Board of Adjustment is in harmony with the uses of our neighbors. Our use has and will blend in very well with our neighborhood. That is our goal. The support from our neighbors indicates that the variance will not hurt our neighbors or their investment in their property. We appreciate the support of these reasonable people who, justifiably, could object if the variance would reduc.e the value of their properties. We are working in harmony and cooperation with our neighbors. (7) The Code of the City of Winter Springs, which includes the City's land development regulations such as the subdivision regulations of the City, are consistent with the City's Comprehensive Plan. That is required, by State law. The goals, objectives and policies of the City's Comprehensive Plan are designed to work harmony in the neighborhoods of the City. That is the purpose of sound land use planning. The support of our neighbors indicates that the harmony sought in land use actions will occur when our variance is granted. The goals, objectives and policies of the City's Comprehensive Plan will be furthered and advanced and the use on ou'r lot and the abutting lots will be compatible and not in conflict. We will live in a harmonious neighborhood that reflected sound land use deCisions. Accordingly, the Code and the Comprehensive Plan will be consistent with the Board of Adjustment's action in granting our request for a variance. ' In summary, in our view our application meets the requirements of Section 9-5 ofthe City Code pertaining to variances and we believe that the' Board of Adjustment, while acting in Winter Springs Board of Adjustment January 23, 2003 Page 4 a reasonable and fair manner, will approve our application for avariance. The granting of the variance will resolve any ambiguities with regard to our lot and house as currently configured and, more importantly, will allow us to house and care for Adele's grandmother ,in a manner in which she deserves and that we, as accountable peopls, should ensure. We assert that we are asking for a land use approval which, in actuality, accomplishes a positive societal goal with regard to familial accountability. We also assert that we request an actions that is well grounded in sound and generally accepted land use planning and development principles. We respectfully request the City. of Winter Springs Board of Adjustment to grant our request for a variance as aforestated. We appreciate your attention to this matter. Property Appraiser Get Information by Parcel Number Page 1 of2 " ~*~~$'C~U:ilty CaF:~:: .u~H. K ~k'd Rf" ~'R-r,~.:<l t't: ::U'r"r 1 <U) "~(itM ?:W6 <l D t> ..... GENERAL Parcelld: g~6~1-30-503-0Eoo:. Tax District: ~R~~~ER OWner: ~g~I~YCJAMES H & Exemptions: oo-HOMESTEAD Address: 200 BIRCH TER Clty,State,Z1pCode: WINTER SPRINGS Fl 32708 Property Address: 200 BIRCH TER WINTER SPRINGS 32708 SubdivIsion Name: NORTH ORLANDO TERRACE UNIT 1 SEC 2 Cor: 01-SINGlEFAMllY 2003 WORKING VALUE SUMMARY Value Method: Market Number of Buildings: 1 Depreciated Bldg Value: $64,605 Depreciated EXFT Value.: $8,490 Land Value (Market): $13,000 Land Value Ag: $0 Just/Market Value: $~6,095 Asse~sed Value (SOH): $86,095 Exe.mpt Value: $25,000 Taxable Value: $61,095 · SALES Deed Date Book Page Amount Vacllmp CORRECTIVE DEED 01/2001 039890429 $100 Improved WARRANTY DEED 11/2000 03958 0585 $32,700 Improved QUIT CLAIM DEED 04/2000 03900 1684 $100 Improved SPECIAL WARRANTY DEED .03/1993 02555 1043 $51,200 Improved WARRANTY DEED 07/1992 02456 0363 $100 Improved CERTIFICATE OF TITLE 06/1992 02440 0304 $78,600 Improved QUIT CLAIM DEED 09/1989 02107 0311 $100 Improved WARRANTY DEED 10/1988 02010 0910 $68,500 Improved WARRANTY DEED' 04/1985 01629 0166 $62,000 Improved WARRANTY DEED 0211984 01526 1476 $57,900 Improved WARRANTY DEED' 09/197801187 0339 $35,000 Improved WARRANTY DEED 01/1975 01043 0272 $31,006 Improved Find Comparable Sales within this Subdivision . LAND Land Assess Method Frontage Depth Land Units Unit Price Land Value lOT 0 0 1.000 13,000.00 $13,000 2002 VALUE SUMMARY 2002 Tax Bill Amount: $1,166 2002 Taxable Value: $61,888 Bid Num Bid Type Year Bit Fixtures ross S SIN.GLE FAMilY 1973 Append,age 1. Sqft Appendage I Sqft LEGAL DESCRIPTION PLAT lEG LOT 16 BlK E NORTH ORLANDO.TERRACE UNIT 1 SEC 2 PB 16 PG 64 Ext Wall Bid Value Est. Cost New B/STUCCO FINISH $64,605 $73,834 EXTRA FEATURE Description Year Bit Units' EXFT Value Est. Cost New ";>POOL GUNITE 1981 512 $4,608 $10,240 COOL DECK PATIO 1981 288 $454 $1,008 ~ ALUM SCREEN PORCH W/CONC FL 1997 504 $3,428 $4,284 / -'. '} Petition In the matter of allowing a variance of 12.5 ft. atthe South West (rear) of residential structure, located at 200 Birch Terrace; Parcel, ill # 0321305030E000160; lot 16,block E., North Orlando, Terrace; owned by James and Adele Kelsay, for the purpose of adding an additional bedroomlbathlscreen room: we, the undersigned, adjacent, property owners are not opposed to the above described variance request. (j)o~a~ -~. () f) . <Jt~~ ,~~iI \fr @h I t>>7 -R ..L- Co (j) W:.:i: L cL' J"<u-?~ ~ 'I " r' Ij ,.... 1 @ !cfi;J~j 1,ZcuuA Q~) tl~:'l N. c..rt6 r j3 r- ~r~ ~j. LJ./.r ~O'3 f). pl~ @5IiN\_I) _, /!AAJAALL ~o1 '5ie(A kf?e US, R 327D2 I @ fil"f1 'V"che.LD ~a~ 'Rirch T~rr. kJc., (I. 'g;)...7D~ I'll) 11#'{' 11 , e. i r4 t. It W':';',O_lJ ,. w ,'::J D6 R.p~ J-<.t'LIL- LuS3Q7og (g) ~ 4e fA), (I I',) M.S' r?("' -3 f3 ,\- ...."- If' n''''' r.:J _ (.;J :; '3 .T7(} l Q_Darvt15J1 ~ If ~ @13s lcrk-c (J- W.3. . "- ~-~~ (j) 4NS'UD/>IjlTI/ ~ CJ) ..' l"V J:NIlA,~ ,r~, ~ /1 ~ . ;(Ol f1/I~ elf TE:t{Nj u' GU<S @. a 1/-,,', & rde6LL Ur,-tJ I J wro j$', rc.k Ie.rr()..l!. e W,$. d) :2- /l;) ~'i~"'t~ ~j{ n.~~ Jiv..;"Y , I' ~2 0 B J-HvIlAil7lJJ lv.\l\J~ S p.rz i''''~ ~ J 9aae.. \ of !L I .. , :.,:.. Petition In the matter of allowing a variance of 12.5 ft. at the South West (rear) of residential structure, located at 200 Birch Terrace; Parcel, ill # 0321305030E000160; lot 16,block E., North Orlando Terrace; owned by James and Adele Kelsay, for the purpose of adding an additional bedroomlbath/screeti room: we, the undersigned, adjacent, property owners are not opposed to the above described variance request. (ij) ph':~j~ / @~ @ lZf,~ @C '~b '-.. ' @J2re COQt~h~ /fi1 /0 'f- LY- / 1.r~'''u, @~J . ~h S6:vcu-cl j~1/5~.ljJ.~ ~{) X ~\ ( ct,"":\fU UI S ."~ ~~_.._~ - e... i"rYi- '" ..,-.'......-.- ,411J I( (>' t:. (,'12 A y' .J /_. . ...'j jjiL~~~ (. 1-/1/,5 C/du d._. 0-1:)<$ D ~ Z l-j ~, 14-1'(. (,pbb~Si. UJ. S. "30<~ 7 ,!)8- C/fi:J5 L /vl,tI/-p !l"Jyta/f'TE.Bc.Jo:f) 3i: U~S ,~:l.?DJ' ~I Lt)~ ~i21v" d. /(j - /J t' f t'e f' lu(J 06 r..:.. PA~UE Leo Sf) AJ->>- rl)-AI . /}~ /3,--/:J7LrtU dad .r;'J' ~ ~ Z;;;: 13/ v. /., r , A/~~"b ~ rJt;32 (c>3 cloki'\ c., Wll1 207 /3;dt. T el'"f8ee.. 'W "I/tJe,- 5pt"~"55 j Cl. @ \<lG:Nv~k~_ 1)/\ r,p .:J ~;J ..... ..... ..f.. J ,i; .~.. .. " fI Petition In the matter of allowing a variance of 12.5 ft. at the South West (rear) of residential structure, located at 200 Birch Terrace; Parcel, ill # 0321305030E000160; lot 16, block E., North Orlando Terrace; owned by James and Adele Kelsay, for the purpose of adding an additional bedroomlbathlscreen room: we, the undersigned, adjacent, property owners are not opposed to the ,above described variance request. (~~, tJQn 2 0dbJ?~ ---c , ' \ (Z~ ~ ,SUQI\<:> . ld1f.J' ~~t(Ik,,{)~~'(, , [)&/hE&7 .=r j FatS r /J3 (J6Du:..woof) S 7, /V) ''Q)/){) 3 of '3 ~- .', " ORDINANCE No. 2002-07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, RELA TING TO ZONING; ADOPTING A NEW ZONING DISTRICT CATEGORY CALLED "1-1 LIGHT INDUSTRIAL DISTRICT"; AMENDING THE LIST OF PERMITTED, CONDITIONAL, AND PROIDBIlED USES WITHIN THE C-2 GENERAL COMMERCIAL AND INDUSTRIAL DISTRICTS BY MODIFYING THE LIST OF GENERAL COMMERCIAL USES AND ELIMINATING THE.LIST OF INDUSTRIAL USES; AMENDING THE LIST OF PERMITTED, CONDITIONAL, AND PROHIBITED USES WITHIN THE C-l NEIGHBORHOOD COMMERCIAL DISTRICT; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; SEVERABILITY; AND AN EFFECTIVE DATE. ,WHEREAS, the City Attorney and staff have conducted a comprehensive review of the City's current list of permitted, conditional, and prohibited uses under the C-2 zoning district and have found that this zoning district permits a combination' of incompatible uses including neighborhood commercial, general commercial and ,industrial uses; and WHEREAS, with the advice of the City Attorney and City Staff, the City Commission hereby finds that the current C-2 Zoning scheme does not promote sound planning; could encourage legal challenges to zoning decisions made by the City; does not provide adequate safeguards to protect against introducing, incompatible land u.seswhichmay impact adjacent or surrounding land uses; and' makes it very difficult to. create a system.oftransitional commercial and industrial zoning districts throughout the City; and City of Winter Springs Ordinance No. 2002-07 Page I t' WHEREAS, the Planning and Zoning BoardlLP A has reviewed this Ordinance and has found it consistent with the City's Comprehensive Plan and recommended approval to the City Commission; and WHEREAS, the City Commission of the City of Winter Springs held a duly noticed public hearing on the proposed zoning code change set forth hereunder and considered findings and advice of the Planning and Zoning Board, City Attorney, staff, citizens, and all interested parties submitting written and oral comments and supporting data and analysis, and being otherwise fully advised, hereby finds that this Ordinan~eis consistent with the City's Comprehensive Plan, serves a legitimate government purpose, promotes smart growth management and is in the best intere~ts of the public health, safety, and welfare of the citizens of Winter Springs, Florida, NOW, THEREFORE, THE CITY COMMISSION OF -THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by the ( reference as legislative findings of the City Commission of Winter Springs. Section 2. 1-1 Industrial Zoning Category Created. Chapter 20 Zoning, Article III Establishment of Districts, of the Code of the City of Winter Springs is hereby amended to create a new Division 12 as follows illnderIine type are additions andStdkeout type are deletions): DIVISION 12. i-=LLIGHT INDUSTRIAL DISTRICT. ' 20-320 In General. The provisions of this district are intended to apply to ,lands suitable for light industrial land City of Winter Springs . Ordinance No. 2002-07 Page 2 uses and uses that could cause adverse secondary effects and influences on surrounding nei hborhoods and nonindustrial uses. Such lands 'should be located iil close , . transportation facilities and away from residential and commercial uses. The purpose of this district is to allow the land uses listed hereunder under such conditions of operation and standards that will protect nearby residential and commercial uses. All uses allowed hereunder shall abide by the performances standards imposed by local. state. and federal law and by any development agreement required by the City. , , 20-321. Uses permitted. Within the I-I Light Industrial Zoning District. no building. structure. land. or water shall be used' except for one or more of the following uses: recision manufacturin . b electrical machine, nonhazardous materials' e oods cosmetics and toiletries: (0) soap products and candles: (p) iewelry: (q) optical equipment: (r) perfume: (s) plastic products: (t) silverware and utensils: (u) spices and spice packing: (v) stationery: and (w) toys. 2 Automotive bod . re air for mobile homes and vehicles with more than two (2) axles. City of Winter Springs ordinance No. 2002-07 Page 3 ::~~:~~<..: .'~~~':,:::.~ '~:~ (3) Warehousing in enclosed buildings or structures. ,(4) Kennels. pet and animal rescue operations. animal boarding houses. and similar animal facilities or operations. (5) Automotive storage and other kinds of storage yards of nonhazardous materials. (6) Research. development. and laboratory facilities. (7) Adult Entertainment and Sexually Oriented Businesses. (8) Public and governmental services. (9) Cabinet makers. furniture assembly and woodworking shops. (10) Pawnshops. (II) Distributing of nonhazardous materials or products. (12) Printing. bookbinding. engraving. and publishing plants. (13) Radio and television studios and offices. (14) Cold storage and frozen good lockers. (15) Laundry and dry cleaning. (16) Trucking terminals. (17) Landscaping services. (18) Record management and data storage facilities. (19) Boat building and storage yards. 20-322. Building Height Regulations. No building or structure shall exceed fifty (50) feet City of Winter Springs Ordinance No. 2002-07 Page 4 20-323. Conditional Uses. ill Halfway houses. group homes and similar uses. . ill Bulk outdoor storage. but not including storage of flammable or hazardous matenals. ill Light manufacturing. processing. and assembly not listed under Section 20-321(1). ill Health and exercise clubs. ill Welding shops. 20-324 Bulk Regulations. ill Minimum Floor Area: 900 Sq. ft. ill Minimum Lot Size: 7.500 Sq. ft. ill Minimum Lot Width: 75 ft., ill Minimum Lot Depth: 100 ft. ill . Minimum Front Setback: 25 ft. @ Minimum Rear Setback: 15 ft. ill Minimum Side Interior Setback: None; Side Comer Lot: 15 ft. Section 3. C-2 Zoning Category Amended. Chapter 20 Zoning, Article III , Establishment of Districts, Division 8, ofthe Code of the City of Winter Springs is hereby amended as follows illnderline type are additions and Stiikeout type are deletions; "***,, shall.denote existing text in Division 8 that shall remain unchanged): DIVISION 8. C-2 GENERAL COMMERCIAL AND INDUSTRIAL DISTRlCTS. City of Winter Springs Ordinance No. 2002-07 Page 5 ~ Sec. 20-251. In General. The lands of the C-2 General Commercial and Industrial Districts are to beused by a variety of commercial alid industIial operations which serve the commercial needs of the community. The. purpose of this district is to permit the normal operation of the majority of Industl ial general commercial uses under such conditions of operation as will protect abutting residential and other noncommercial uses, minimize the interruption of traffic along adiacent thoroughfares, promote aesthetic and architectural harmony, attractiveness. and compatibility within the community, and abide . by the performance and development standards of the city, 'county, the-state and u.s. government.. This District is intended for lands adiacent to or easily serviced.by collector and maior arterial roads adaptable to higher traffic generating general commercial uses. Sec. 20-252. Uses permitted. Within C-2 General Commercial and Industl ial Districts, no building, structure, land or water shall be used except for one (1) or more of the following uses: . (I) . Any permitted use perlilitted allowed in C-l Neighborhood Commercial Districts; (2) AlltOlllOti v c body I epail ing and pail~lillg, (J) AutOll1otive glass, ~inyl tops and seat c.o"ers, (4~) Automotive sales and senice; . (5 J) Automotive renting and leasing; (6 1) Automotive tires; (7- 2) Baker, wholesale; City of Winter Springs Ordinance No. 2002-07 Page 6 ., (8- Q) Doats, saks and service, Boat Sales: (9) Dottlihg and .distribution plants, (tB 1) Building and plumbing supplies; (11~) Bus terminal; (12) Cabillet (uakers, (13) Clothing manufactuling, (M 2) Cold storage and frozen food lockers; (15) Contractors' equipment, stOl age y aI ds, (+6 10) Convenience markets and stores; (rt 11) DIive-ill theatcIs, Cultural institutions (such as museums and art galleries): (t8-11) Feed stores; (+9 U) Flea markets, open air; (2B 11) Gas, bottled; (2+ ru Grocers, wholesale; (zz. 16) Ice, wholesale; (23-'11) Industrial trade. professional and vocational schools. not involving operations of an industrial nature; (24ll) Full-service gas stations, as an accessory use to a convenience store and satisfying any distance requirement established by City Code; requiring that mechanical IepaiI service be prOvided. (2-5- 12)Veterinarian and accessory *kennels; City of Winter Springs Ordinance No. 2002-07 Page 7 ~ . (Z6 20) Laboratories for testing materials and chemical analysis of a nonindustrial nature; (Z!f ll) Lumber and building supplies in an enclosed building or structure; (28) MahufaetUl ing and assembly of sciehtifie and optical pi eeision insti uluehts, (29 22) Mobile hOllies, sales and sChlee, Mobile Home sales: (3-9 23) Movers; (3-t 24) Nurseries, plants~ trees; wholesale; (32) Outdoor advertising signs equipment, -' (B 25) Home and general commercial Pest control (exterminating) of a nonindustrial nature; (3-4 26) Printers, commercial; (3-5 27) Public 111aintenance.buildings, and government services (3-6 28) Recreational vehicles; (37) Roofing, , (38) Slleet Illetal shops, (3-9 29) Swim~ng pool contractors, equipment storage; (46 30) Taxicabs; ( 41) VI ~I ellouses, (42- J..l) Wholesale meat and produce distributors. ,Q1} Minor, automotive/boat/manufactured 'home servIce and repaIr establishments (including filling stations. repair garages and similar non.,.intense uses). provided that all activity shall . '. be conducted within a completely enclosed building and there is no outdoor storage of any kind. City of Winter Springs Ordinance No. 2002"07 Page 8 Q1} Radio and television studios and offices. * * * Sec. 20-254. Conditional Uses. ill Multiple-family residential units: ill Major automotive/boat/manufactured home servIce and repaIr establishments (including body repairs and painting and similar heavy type uses): ill Halfway houses. group homes. and similar uses: ill Small-scale cabinet makers. furniture assembly. and woodworking shoos (not to exceed 2.500 sq. ft.): ill Small-scale clothing manufacturing (not to exceed 2.500 sq. ft.); @ Mortuary and funeral homes: ill Amusement centers (including golf driving ranges. miniature golf courses. billiard halls. children's play centers. and similar uses): . ill Body piercing and tattoo shops. Section 4. C-l Neighborhood Commercial Zoning Category Amended. Chapter 20 Zoning, Article III Establishment of Districts, Division 7, of the Code oftheCity of Winter Springs is hereby amended as follows (Underline type are additions and StIikcout type are deletions; "* * *" shall denote existing text in Division 7 that shall remain unchanged): DIVISION 7. C-l NEIGHBORHOOD COMMERCIAL DISTRICTS. City of Winter Springs Ordinance No, 2002-07 Page 9 Sec. 20-231. In General. The C-l Neighborhood Commercial District consists oflands abutting principal streets, the frontages of which are especially adaptable to selected low-traffic generating uses. Adjoining these lands are residential -districts that would be adversely affected by a greater diversification of uses creating serious problems of traffic movement and generation. The district is intended for lands suitable for low intense neighborhood commercial uses in close proximity to residential districts. The land uses under this district shall desighed to promote spaciousness of land use:-, minimize traffic along adiacent thoroughfares and within residential districts, promote aesthetic and architectural ,harmony. attractiveness. and compatibility with nearby residential districts and within the community. and abide by the performance -and development standards of the city. county, the-state and U. S. , government. Sec; 20-232. Uses Permitted. (a) Within any C-l Neighborhood Commercial District; no building, structure, land or water shall be used except for one (1) or more of the following uses: * * * (20) Churches Places of religious worship; * * * (54) rawhshop, * * * '(64) Regulated professions, offices, and professions licehsed and I egulated by tile City of Winter Springs Ordinance No. 2002-07 Page 10 "'''::,\~''i''~.,'q!' depalllllellt ofplofessionallegulalioli pUlsuant to r.S. ch. 455 and s, 20.30, aSliow existing or as 11eleafiel aIuended. Professional offices such as lawyers. doctors. accountants. computer software engineers. architects. and similar type offices. * * * (81) All} otheI I etail StOI e. or business eliteI pi ise 110t listed undel any zoning classification tllat ilL tllcjudgIuent of the boald ofadjusthlent is consistent with th1se. included ab01;le, and fuIther, that"" ill be. ill hallllony t'V ith the. spit it of this chapter. * * * Add the following use and renumber accordingly: U Hair and beauty salons (including nail salons); Section 5. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. It is not the intent and purpose of this Ordinance to repeal any part or provision of the State Road 434 New Development and Redevelopment Regulations. Section 6. Severability. If any 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 City of Winter Springs Ordinance No. 2002-07 Page 11 : i of the remaining portions of this Ordinance. Section 7. Effective Date. This ordinance shall become effective immediately upon approval of the City Commission and as provided by the City Charter. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular A ~rrEST: ~~ Andrea Lorenzo meeting assembled onthe ~ day of July Approved as to legal form and sufficiency for the C' of inter Springs only: Anthony A Garganese, City Attor y First Reading: June 10, 2002 Second Reading: June 24,' 2002 (& First Advertised)' , third Reqding: . ~uar 8, 2002 (& Second Advertl~~ ., Effectiv.e Date: July 8, 2002. City of Winter Springs Ordinance No. 2002-07 Page 12