HomeMy WebLinkAbout2003 08 07 Regular Item A
;
BOA AGENDA
ITEM
08/01/03
Meeting
MGR. IDEPT
Authorization
REQUEST: The Community Development Department presents a variance request by Stephen
McCallister from sections 6-2 and 6-84 of the City Code of Ordinances.
PURPOSE: The purpose of this agenda item is to consider a request from Mr. McCallister for
a variance from the requirements of sections 6-2 and 6-84 of the City Code of Ordinances to
allow a detached shed to exceed 240 square feet (320 square feet) at 653 Silver Creek Drive (Lot
3, Block D, North Orlando Ranches, Sec. 2A, Plat Book 12, pages 39-41, in the public records of
Seminole County, FL).
APPLICABLE CODE:
Sec. 6-2. Compliance with chapter.
(a) No building or structure shall hereafter be constructed, altered, except in conformity with the
provisions ofthis 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. 20-82. Duties and powers, general.
The Board of Adjustment shall make recominendations 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
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August 1, 2003
BOA Agenda Item A
Page 2
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 adjus~ent 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 gene!allyor 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 ora
vanance.
(4) .....
August 1, 2003
BOA Agenda Item A
Page 3
(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.
(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 ofthe 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.
August 1, 2003
BOA Agenda Item A
Page 4
(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 fo{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:
July 9, 2003 - Variance application was received by City.
FINDINGS:
1) The subject Lot 3.has R-IA zoning and a Low Density Residential Future Land Use
designation.
2) The application and attached plan indicates a building size for the detached
accessory structure of 16 feet by 20 feet, or 320 square feet -which exceeds the 240
square foot prescribed maximum area set forth in Section 6 - 84 of the Code.
3) The accessory structure would meet the current accessory building setback
requirements (7.5 foot R-IA side building setback - Sec. 6-84 and Sec. 20 - 166 -
and 6 foot rear accessory building setback - Sec. 6 - 84) and would not extend into
the existing 7 foot utility easement.
4) The City's recently adopted Ordinance No. 2003-07, allowing for larger accessory
structures as a conditional use, applies only to properties with a Residential Rural
Future Land Use designation, and therefore does not apply to this site.
5) The applicant has indicated that other homes in the North Orlando Ranches
subdivision have accessory structures larger than 240 square feet.
6) Staff received a written explanation from the applicant of why he and his family are
seeking the variance.
7) In order to recommend approval for the variance request, the variance request must
meet all 6 variance criteria set forth in Section 20-82 of the City Code of
Ordinances.
August 1, 2003
BOA Agenda Item A
Page 5
RECOMMENDATION:
Staff recommends that the Commission deny the variance request, since staff does not find the
request to meet any of the variance criteria set forth in Section 20 - 82 of the City Code.
Approval requires consistency with all six criteria.
ATTACHMENTS:
A - Variance Application
B - Correspondence from Applicant
C - Plot Plan submitted with location and size of Accessory Structure shown.
BOA ACTION:
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~ ~ .BOARD OF ADJUSTMENT APPLICATION,
CITY OF WINTER SPRINGS
. 112~ EAST S~ATE ROAD 434
WIfiTER'SPRINGS. FL 32708-2799
(407)327-1800
FOR:
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SPECIAL EXCEPTION
= VA.RIANCE
'CONDITIONAL USE
ADMINISTRATIVE DECIS10N
1. APPLICANT:
3, ATTACH A COpX OF THE
4; ATTACH AN 11 x 17 MAP S~OWINO THE SUBJECT PROPERTY AND
SURROUNDING PARCELS,
5. ATTACH LEOAL' DESCRIPTION. $.tIJGa:-kE\la. RI:;s%.b~L,btt~&.)G".
.' . ':-....1\' .. ,. . ." .. ,'v
6, TAX. PARCEL ~DENTIFi:CATION NUMBE~.:' 02-~ !-30-503~ OiOO -0030
7. LOCATION'Q.F .Addres.s . and or .:Nearest
st eet~): 53 W~ .1.
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~. PRESENT ZONING: leI;?
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B~~""'<~4-ew I
may enter upon-my
this application:
FUTURE .L?-ND USE: ,{o;'EJl '])E"N'JIJ '-;j _
. ... ;r'rl,(j'pNJ Ir"r L-
u.ndersta.n'd that City o.f Win.ter .Springs Officials
property to inspect that portion, as relates to
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(If the applicant is not
. applicant must" aHacha
owner).. .
. 51EfijE~ 1.. A{c(;.LliMe.e..
OWN.ER-PLtASE TYPl1 . ~
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9HNE~ATURE: .
the. owner of the> subject property, the
let t e r o:f authodza ti on si gned by the
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ReceiVED
( .JUl..; 9 2003
,.
CITY OF WINTER SPRINGS
Current Planning
\. PERSbNS ARE ADVISED TH~i~ IF THEY DECIDE T6 AP~EAL ANY:bECISIONS
.',' MADE AT THESE MEETINOS'/HEARINOS, THEY WItL NEED A. RECORD OF THE
PROCEEDINGS AND FOR.' sucii p'URPOSE/. THEY:J'iILL NEED TO INSURE THAT A ,
VERBATIW RECORD ,OF:T}{E PROCEEDINGS. I~' M);OE / . AT' THEIR. COST , WHICH:
INCLUDES THE TESTIMONY AND EVIDENCE UPON MHICH THE APPEAL IS TO BE .,' ~
BASED, PER SECTION 286,010~, FLORiDA STATUTESf~ .
SECTION 20-84 - APPE'ALS FROM DECr'SIONS OF THE BOARD OF ADJUSTHENT
{1) Any person, or persons, jointly or severally agiriev~d by
any decillion of the Board of Adjustment may, within thirty", (30)
days after the filing of any decision in the office of the Board of
Ad.j\.istment, but not thereafter, apply to. the City Council. tor
adminii~~ative ~elief, After a hearing before the City Council an
aggrieved party may, within thirty (30) days a~ter the dLcision ot
the City Council, file an. appeal with a court of competent
jUrisdi~tion over the subje6f matter,.
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APPLICATION INSTRUCTIONS
A staff. Repor~ ~ill ~e developed for. e~ch. Application, The
Applic~nt should be piepared to addre~s each of the issues provided
below fo! Variance .requests.
the,Board .of ~djustment must ~ake the
tances do not result
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or
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THE APpLICANT. IS 'RESPONSIBLE FOR PROVIDING THE CITY ~ITH.THE NAMES
AND .ADDRli;SSES . OF EACH .PROPERTY. OWNER 'WITHIN. '1.50 FT. OF EACrt
PROPERTY tINE BY THE SCHEDVLEDrIME.
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THE APPLICANT IS RESi'ONSfBLETO p.eST T.~:;; BLUE .NOTICE. CARD ON THE i ,
SITE .ATLEAST SEVEN DAYS PRIOR TO ''1'HElBdARD OF 'ADJUSTMENT MEETING .,~"
AT HHlcHTHEMATTER H.ILLBE CQNSIDE~E): SAID .NOTICE SHALL NOT BE.~'
POSTED WITHIN . ~HE CITY RI<lHTS-OF.-r/AY.. .~,
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EXHIBIT "B"
9 Jul 2003
From: Stephen L. McCallister
653 Silver Creek Drive
Winter Springs, FL 32708
To: Board of Adjustment, City of Winter Springs
Re: Request for Variance in the case of on-site construction of Storage Shed; Lot 3,
Block D, North Orlando Ranches Sec.2.a, Plat Book 12, Page(s) 39-41, Tax
Parcel Identification Number: 02-21-30-503-0DOO-0030
Dear Sirs:
1. Respectfully request "variance" to have a 16'X20' storage-shed built in the backyard.
2. On-site construction by Superior Sheds, Inc., 1057 Hwy 17-92, Longwood, Florida
32750, Tel: 407-696-2006. Contractor stipulates that "storage-shed will have 8' walls
with a 11 ~- foot pitch.
3. The following information is provided to The Board of Adjustment, Winter Springs,
for justification and possible adjudication.
A. I am retire9 U. S. Navy. My wife and I have five grown children (three sons in
the military and two daughters that live nearby). Presently, all of our children are
married, two of which have children. When we bought our home, we had two rooms
added on to our home, to facilitate our large family, when I retired from the Navy, while
in Japan (1992). This also includes my mother-in-law from the Philippines, who
currently resides with my daughter (Sheryl-Ann), her husband (Sean), and two children
on Coral Way, Winter Springs. Ann works full-time and is going to University of Central
Florida this fall (beginning her third year). She is going into the U.S. Navy, as a Naval
Officer upon graduation - agreement/contract to be signed this August 2003. Financially.
burdened, Ann and Sean are selling their home. .For the next two years, they will live
with us.
B. Our home is essentially 5-bedrooms, two of which are my office and my wife's.
My office will return to a bedroom for my mother-in-law. One bedroom is for Ann and
Sean; one bedroom is for the two-children. My wife's office (spare-bedroom) is packed
with heavy furniture, L-shaped desk, bookshelves, etc. and cannot accommodate the
. furniture from my office. This is to become one problem, as well as the following: Ann
and Sean will bring many items otherthan clothes. My wife's minivan and Ann's car
will occupy the garage; while myoId 79 dodge pickup and Sean's dodge, minivan remain
outside. Thus, no room will be available in the garage, where my lawn-tractor, garden
tools are.
..
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C. Losing my privacy in the office and my work area in the garage will bring some
hardship. I say this inasmuch that I work on our home using tools and materials,
considering that we also have a screened-in "in:'ground poo1."
D. It's not only storage, but also a place where I can tackle home projects. I chose
the 16'x20' because of the area, which provides ample room for storage for their things,
my things, my tools and garden items.
E. The storage-shed is built on beams, to be built on a stoned foundation, with a %"
plywood floor with walls made of, I think, concrete and acrylic (with a 50-year
guarantee), shingled to match the home and I will paint it to match the color of our home.
Meaning, it will compliment our property and should not present any problems (e.g., the
view of my neighbors). Point in case is that other neighbors have bigger and higher
storage sheds than the shed I would like to have. However, I am not using this reason for
justification.
F. Long-range: to help my daughter and her family during the next two difficult
years and capable to help any of my other children, their families, if need be. And, I
. really need to be in this flexible position, whether they have children or not. I do want
my own space, dedicated to home and family, as well as enhance our property, at the
same time. I ask for nothing that none of my neighbors can ask for and/or be granted. ND
special privilege, other than a small, refined, storage-shed.
4. A negative response from the Board of Adjustment would be completely
understandable, since our community has grown so much, since we initially bought our
home in 1989. Things have changed, my goodness. I love Winter Springs, our home and
my family. But, I would love a place in the back, where I can put some of their things,
my things and tinker, when time allows.
Very respectfully submitted,
..
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Stephen 1. McCallister
EXHIBIT "C"
L. McCallister,' Carmelita .McCallister; Mortgagee Title
~: Inc.,' American Pioneer Title Insurance Company; Fairwinds
Inion, its' successors and/or assigns.
CHORD BEARING = S88.39'OO"W
CHORD = 94.30' ~~ Go'S WY 0.30' NOI
.t:I ~ ()'lJ# 3$' /4-" FJ.P. 3/4.
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. lOT 3 I
~ il ~l-l't-It 1101 ,
tq\ 22.00'
z lo- 8' "000 fEHCt
0 x-x-x_
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8" "000 FEHCE ~
~ \ lOT
SCRfENEI) CCMJlED
i\ CONCRETE ~~
. LOT 4
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\\ 211.20' .
~\ SCREDIEIl COHC POOL
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+ UnurtE'JSDlOfT
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- -8";;00 ~ sount
72.10' S84. 48' 13'"W (M)
LOT 29 /
80~" "p"
79. 16'35"W
NG :::: 5
RO aEAR' ... 94.92'
CHORO
$
SCAlE: 1" - 30'
SILVER CREEl< DRIVE
50' R/W
NOTE:. BEARING BASED ON THE SOUTH LOT UNE OF LOT 3. THE ASSUMED BEARING BEING S 84.48'13" W.
. Property ~
653 Silver
Winter Sp,
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