HomeMy WebLinkAbout2004 05 06 Regular Item B
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BOARD OF ADJUSTMENT
AGENDA
ITEM B
REGULAR
x
May 6, 2004
Meeting
MGR. IDEPT
Authorization
REQUEST: The Community Development Department requests the Board of Adjustment
hear a request for a variance by Virginia Stern from Section 20-103 of the City Code of
Ordinances, to encroach as much as 10 feet into the 20 foot rear building setback. The
variance is contingent upon the City vacating a portion of a private drainage easement along
the rear of the property (separate action by the City Commission).
PURPOSE: The purpose of this agenda item is to consider a request by Ms. Stern for a
variance from the requirements of Section 20 - 103 of the City Code of Ordinances to allow her
to add on to the rear of the house, to provide living space for her recently enlarged family
(enlarged by marriage from 3 to 7 family members). The site is 1406 Winding Stream Court
(Lot 9 of Bentley Club at Bentley Green, depicted in Plat Book 44, Pages 35-37 of the Public
Records of Seminole County, Florida). The rear of the site abuts the 17th fairway of the
Tuscawilla Golf Course.
APPLICABLE CODE:
Sec. 20-82. Duties and powers; general.
Sec. 20-103. Restrictions upon lands, buildings and structures.
CHRONOLOGY:
April 22, 2004 - Variance application was received by City.
CONSIDERATIONS:
The site abuts the I ih fairway of the Tuscawilla golf course (setbacks are provided only in the
homeowner documents, not provided on the Bentley Club at Bentley Green final subdivision
plat and staff cannot find other references to setbacks for the subdivision). The original
May 6, 2004
Regular Item B
Page 2
homeowner documents stated that other lots abutting the golf course or any country club
property, other than the 1 ih fairway, were bound by a 40 foot rear building setback.
Supplemental documents (please see attached), recorded in the public records of Seminole
County on June 15, 1991, allow a 20 foot rear building setback on any lots abutting the golf
course or country club property. Lots not abutting the golf course or other country club
property have a typical 15 foot rear setback, although provisions have been made for lots
abutting Howell Creek or other water bodies. The attached plot plan depicts the existing house
and addition as they relate to the property boundaries and 20 foot rear yard setback.
A 15 foot wide privately held drainage easement extends across the rear of the lot (centerline
depicted on the attached plot plan). City staff has no objection to vacation of a portion of the
easement to accommodate'the variance request, subject to conditions (please see attached April
5, 2004, memo from Stormwater Manager Zynka Perez). Obviously, the party to which the
easement is dedicated (the homeowners' association) must agree to the vacation. The applicant
is obtaining a legal description of the pertinent portion of the drainage easement and must
formally apply (including, but not limited to, permission from the homeowners' association
and paying the $300 fee), in order for the City Commission to hear and act upon the vacation
request. Special provisions must be incorporated into the design and construction of the
portion of the foundation proposed to extend near the existing drainage pipe, to ensure
compliance with the "angle of repose" provisions of the Florida Building Code (Chapter 18
Foundations and Retaining Walls, Section 1803.1.3).
The applicant requests the variance to accommodate her newly increased family size. She and
her family have done research to determine the feasibility of various alternatives, including, but
not limited to, moving to another existing single family residence, building a new single family
residence, and adding a second story. They have chosen this alternative and have been "doing
their homework" to try to demonstrate that they meet the variance criteria, although they
realize that it is difficult to obtain a variance and possibly even more difficult to obtain a
variance subject to vacating a portion of an easement.
FINDINGS:
1) The applicant did receive a letter from the Tuscawilla Country Club, stating
that it had no objection to the encroachment.
2) 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;
Staff does not believe there are any special conditions and
circumstances.
b) that special conditions and circumstances do not result from the
actions of the applicant;
May 6, 2004
Regular Item B
Page 3
Staff believes that the applicants created their own situation, although
this certainly appears to be an honorable one, and that no special
conditions and/or circumstances exist.
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;
Staff believes that granting the variance would confer special
privileges upon the applicants.
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;
Staff believes that 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.
e) that the variance granted is the minimum variance that will make
possible the reasonable use of the land, building or structure.;
and
Staff believes that there is already reasonable use of the land, building
or structure - an existing occupied single family residence, consistent
with the lot that was engineered for this type of and size home.
f) 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
ll(~ighborhood, or otherwise detrimental to the public welfare,
Staff believes that to grant the variance would be inconsistent with
the intent and purpose of and undermine the code.
3) Staff does not find that the request meets the 6 variance criteria set forth in
Chapter 20 of the City Code of Ordinances (the request must meet all 6
criteria).
RECOMMENDATION:
Staff recommends that the BOA recommend denial of the request.
ATTACHMENTS:
A - Location Map & Plot plan
B - Photocopy from final subdivision plat
May 6, 2004
Regular Item B
Page 4
C - Variance application
D - Applicants' supporting documentation
E - Zynka Perez's AprilS, 2004, memo
BOA ACTION:
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Continu d Pg 2624
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NOTES:
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Municipal Address Map Book
PRINTED: REVISED:
Oct 2003 1 : 2 :
City of Winter Springs, FL
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Attachment C
BOARD OF ADJUSTMENT APPLICATION
CITY OF WINTER SPRINGS
1126 EAST S~ATE ROAD ~J4
WINTER'SPRINGS, FL .32708''-2.799
(407)327-1800
"'-<1;..
FOR:
SPECIAL EXCEPTION
VARIANCE
'CONDI'l'IONAL USE:
ADMINISTRATIVE DECIS10N
APPLICANT:~ iW'1f 6f-fR.AJ
ADDRESS: /<j(J.IoW,'""j,~/0 S.+&MM
RE UES~ ~ " ,J
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3. ATTACH A COpy OF THE PARCEL SURVEY.
4. ATTACH AN 11 x 17 MAP SHOWING THE SUBJECT PROPERTY AND
SURROUNDING PARCELS.
S. ATTACH LEGAL'DESCRIPTION.
6. TAX PARCEL ~DENTIFICATION NUMBER:' CJ1-p / ~ ~/ - 5/t/-(Jmo -Oo9'D
7. LOCATION 'OF
. ~reets): .
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8. PRESENT ZONING:
-SJ--70~
By 8i gni ng be low JOHN S. ORKIS 01-00
' .t PH. 407-359-5782
may en er. upon n 951 WEDGEWOODDR.
t his a p p 1 i cat i 0 IT. ';::<".~~,~rRlN~1i, ..F,L 32708
~; ~ 1 ; c)h: n ta P i ~ ~ ~ ~ i~~~~1:~f1~:,i~:';,;;;ff!';i. .
owner ;. -.
FUTURE LAND USE: L;,-u..J ^En/.J',wd<-.;.-~(."
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1033
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'PERSbNS ARE ADVISED THAT, IF THEY PECIDE TO APPEAL ANY, bECISIONS
HADE AT THESE HEETINds/HEARINGS, THEY WItL .NEED A .RECORb OF THE
PROCEEDtNGS AND FOR SUCH PURPOSE, THEY WILL NEED TO INSURE THAT A
VER8ATIMRECORD OF THE PROC~EDINGS IS MADE,'AT'THEIR 'COST, WHICH I
INCLUDES THE TESTIMONY AND'EVIDENCE UPON WHICH THE APPEAL IS TO BE .,\~
BASED, PER SECTION 286.0105. F'LORrDA S'T':n.'T'rII'f'll<'.~
ATTACHMENT D
Stem Variance Request Application Questions Responses
City of Winter Springs
4/21/2004
Page 1 of3
To Mr. John Baker
City of Winter Springs
Please accept these as responses to the 7 questions outlined on the Board of Adjustment
Application for a variance.
1. The special conditions and circumstances which exist that are peculiar to the land
involved are as follows:
a. The land bac.ks up to four distinctly different areas that are peculiar to this
piece of property.
i. The property adjoins the waterfront of Bentley Green Lake.
11. The property adjoins the back of the Tuscawilla Country Club,
green #17.
111. The property adjoins a wooded area that is part of the Tuscawilla Country
Club, which includes Howell Creek and cannot be built on.
IV. The property adjoins Howell Creek another type of waterfront.
b. The property is shaped in such a manner, that the view out the back of the
lot provides no visibility to the neighboring houses on either side.
c. These circumstances individually have specific value by themselves. After
combining these characteristics, our research shows that they are not
applicable to any other pieces of property available for sale in the zoning
district.
d. The property lies in the back of the Winding Stream Court, a Cul-de-sac,
which contains five houses, and has little to no traffic.
2. The special conditions outlined in question #1 are the result of the Bentley Green
Subdivision planned development and natural or manmade conditions that were
present before the applicant owned said property. These conditions are why the
applicant originally was attracted to the property and now are the overwhelming
conditions that make the case 'relevant for approval this request. Such conditions
are not available currently and for the foreseeable future in the zoning district.
Therefore, none of the special conditions may be the result of, or resulting from
any actions of the applicant.
3. The granting of the variance requested does not confer any special privilege upon
the applicant, which is denied by this chapter to other lands, buildings, or
structures in the same zoning district. This process allows for the opportunity to
confer the same privileges upon others within the zoning district.
Stern Variance Request Application Questions Responses
City of Winter Springs
4/21/2004
Page 2 of3
4. The literal interpretation of the provisions of this chapter will work unnecessary
hardship on the applicant. The applicant is increasing her family from three to
seven and the current house will not allow appropriate living space to
accommodate the size of the new family. The cost to try to replace the peculiar
circumstances outlined in question # I, and to build a completely new house of the
proposed size and scope would be cost prohibitive, even if such vacant property
were to be identified and furthermore available in the zoning district. The
applicant has prepared a current market study dated 2/29/2004 of the zoning
district and updated on 4/19/2004 which was prepared by a licensed Real Estate
Agent from Coldwell Banker. The market study shows that there are no existing
vacant lots or land with the same peculiar circumstances outlined in Question 1,
available in the zoning district. The market study also shows that there are no
existing houses situated on such a piece of property with the same peculiar
circumstances outlined in Question I, within the zoning district. Thus there are no
alternatives, at this time or in the foreseeable future, to replace this property at a
reasonably similar financial situation. The denial of this request will cause
additional hardship on the homeowners as well. Both families have resided in the
City of Winter Springs for as many as twelve years. We have each chosen the
Winter Springs area for its peaceful, family valued, community environment at
separate times. The city has proven to be everything and more that we both
individually expected. Now that we are bringing our families together we do not
want to disrupt the lifestyle that we so cherish here in the City of Winter Springs.
John's children are new in the area and have settled in very nicely. They have
suffered through instability for the past four years and are now becoming well
established in the schools and the community. A move at this point from a
neighborhood, schools, and community activities that they love would create a
hardship that' is un-necessary and unfair. Virginia's children have lived in the
same house on this property for the past 12 years. They are well established in the
fine schools and many community activities. This includes being able to walk to
the Tuscawilla Country Club, which both families currently enjoy being members
and living in there present locations. We want to continue to raise our family, now
together, in a safe, secure, yet open and outdoor community, which allows for
traditional family values and wholesomeness. We have that here; we have looked
for it in the surrounding areas and have come to the conclusion that we cannot
even come close financially or culturally to replacing what we have here in the
City of Winter Springs. This hardship would be unfair and be in direct conflict
with the goals and objectives of the City of Winter Springs. The City works very
hard and spends allot of tax dollars to attract citizens and have them establish
residency and develop the same type of feelings and enjoyment from the
community that we have outlined in this document. To not approve this variance
and force a situation that would cause us, as very satisfied citizens, to have to
leave the community would in direct contradiction to the stated objectives of the
City of Winter Springs, itself.
5. The variance requested is the minimum variance that will make possible the
reasonable use of the land and the building to accommodate the seven members of
.' .
Stem Variance Request Application Questions Responses
City of Winter Springs
4/21/2004
Page 3 of3
the family. Ms. Stern was willing to consider a 2-story addition that would not
encroach on the setback. The Bentley Homeowners Association, Inc Architectural
Review Board felt that this option was inconsistent with the original elevations of
the existing structure and would not be in harmony and the general intent of the
neighborhood. The Bentley Homeowners Association, Inc Architectural Review
Board felt this could be injurious to the neighborhood. Thus, it is the opinion and
recommendation of The Bentley Homeowners Association, Inc Architectural
Review Board that the variance be granted and the proposed addition be
approved, which would certainly be harmonious and enhance the general intent of
the neighborhood. The Tuscawilla Country Club was not in favor of the 2-story
proposal. The proposed single story addition is much more favorable and this was
part of the reasoning in their approval of the setback variance request. The 2-story
proposal also did not provide for rooms and layout that were- consistent with the
proportion and design to the existing house and it was felt by the designers that it
would cause financial hardship in the future should the owners want to sell the
property.
6. The granting of the variance will be in harmony with the general intent of the
purpose of this chapter, will not be injurious to the neighborhood, or other wise
detrimental to the public welfare. The granting of the variance will allow for
modifications projected to increase the value of the existing property and dwelling
from $360,450 to $554,850. The architectural rendering's show that the elevations
and modifications will be in harmony with the general intent of the purpose of this
chapter and have been approved by the The Bentley Homeowners Association,
Inc., Architectural Review Board in writing as represented by the approval letter
attached to this application. Letters are also included from owners of The
Tuscawilla Country Club, and each of the adjoining property owners within 150
feet of all property lines adjacent to the property stating they have "no going
concern" as it relates the City of Winter Springs granting the requested variance.
7. The request is consistent with the objectives and policies of the comprehensive
plan. The objectives and policies of the plan are to provide a harmonious
neighborhood that attracts and retains respectable citizens to the community. The
proposed addition to this house certainly improves the neighborhoods ability to do
so. The upgrading of the existing house is projected to increase the property value
by a significant amount as well as those of the overall neighborhood.
IRIDlcl
Golf Group, Inc.
March 26, 2004
City of Winter Springs Commission
City of winter Springs
1126 East S.R. 434
Winter Springs, FL 32708
Re: Lot 9 Bentley Club at Bentley Green, Platt Book 44. Pages 35-37
Dear Commissioners:
Tuscawilla Country Club has been asked by Virginia Stern, the owner of 1406
Winding Stream Court, to consent to the construction of an addition to her home that
would fall ten (10) feet from the golf course property. The setback requirements pursuant
to the attached Supplemental Declaration of Covenants, Conditions and Restrictions
dated 8/29/90 (Section 23) require a twenty (20) foot setback from the golf course.
The owners of the subject property have submitted for review the attached plans
which I have marked as "Exhibit A". After review of these plans, the ownership of
Tuscawilla Country Club does not object to the addition and its encroachment into the
twenty-foot setback, solely as it is depicted in Exhibit A. Any alterations or
modifications to the plans depicted on Exhibit A would require additional review by
Tuscawilla Country Club.
Our consent is solely on behalf of Tuscawilla Country Club and not on behalf of
any other party, such as any homeowner's association. If you have any questions please
feel free to contact me at 732-656-8900.
Sincerely,
?/'~~,
Matthew D. Galvin
Executive Vice President
Winter Springs Golf, LLC
dba Tuscawilla Country Club
Encl.: Exhibit A, Building Plans
Supplemental Declaration CC&R
REceIVED
APR 2 7 2004
CITY OF WINTER SPRINGS \
Current PlanOlng..J
375 Forsgate Drive Monroe Township, NJ 08831 (732) 656-8900 FAX: (732) 656-8902 www.rdcgolfgroup.com
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St~PL~~~NTAL DEC~A~~~T!ON OF
COVENANTS. CONDITIONS AND RESTRICTIONS
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. . . TInS SUPPLEMENTAL DE2.C~TION OF A COVErNANTS,CONDITIONS ~
RESTIHCTIONS,madethiS -::L-. day of uGuS 1990. .by }".WALTER;
_t'EMPLE.JR~.TRUSTEE ("Temple") and BENTLEY GREEN JOINT.VE~
.I,-aFlorida general ,partnership ("Bentley")~. rq
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w r T N E SSE T H:
WHEREAS. Temple recorded that certain Bentley Green Declara~
tion of Covenants. Conditions and Restrictions dated May 22. 1989
in Official Records Book 2071, Page 380 of the Public Records of'
Seminole County, Florida (the "Declaration"); and .
WHEREAS. Temple assigned to Bentley certain ri'ghts as.
Declarant to the Declaration i~ that certain Warranty Deed
recorded in' Offici al Records Book 2072, Page 129 'of the Public
Records of Seminole County, Florida; and
WHEREASi the Declaration provides that Additional Properties
can . be brought wi thin the scheme of the Declaration by the
Declarant; and
WHEREAS, Temple owns certain real property (the "Bentley
. Club Property"). more particularly described on Exhibit "A"
'attached hereto. which Temple and Bentley desire to bring withiQ
the scheme of the Declaration. '.
NOW, THEREFORE, Bentley (as Declarant)
themselves and their successors and assicjns.
and state as foltowa:
and . Temple. for
do hereby declare
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<C 1. Addi tiona). Proper tv ,. The Bentley Club Property is
n0 hereby brought within the . scheme of the Declaration, as provided
. in Article I I J Section' 2 of the. Declaration. This. Supplemental
~ . Declaratfon is made for the purpose of' annexing the Bentley Club
) rr~ Property, as Addi tional Pr,?pe~ty! to the scheme of, the Declara-:-
~ __tion and extending' the Jur1sd1ctionof the Association (as
"ac... ~defined in theOecrsra.tion.> to the Bentl.eY Club p~operty.
C1 2. Betbacks. Article IX, Section 23 of. the Declaration is
. ',' '. hereby deleted. as to- the Bentley Club Property only, and
..k .. replaced wi~ the .following: .
_5? .t: Section 23 . Setbacks. In addition to any setback require-
=te~. ments of the City of Winter Springs, Florida, any buildinq
- ~ .: ~ structure located on any Unit shall not be located any
'q\ ::::.. nearer than a minimum of fifteen (15) feet from the front or
-' rear property. lines, a minimum of tllree (3). feet on side lot
~ -2\ lines providing all buildinqstructures are no nearer than a
) minimum of ten (1.0) feet from any. bui Idinq structure .on, any
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S~\,le Cl\,lJV~U...U':f nJ..... vu.... .UI.l,UI..U..I;\"l, .\ ...VV J ",1;1;'- ....l.VIIl U.lCl
centerline of Howell Creek, twenty (20) feet from any golf
course or country' club propert,y,artcltwenty (20)' feet from
any .retention or detention ponds or the existing golf course
pond. The lUffi'may, however, in its reasonable discretion,
.requ.1.re.setbacksas to any Uriitup to twenty (20) feet from
the frontorre~r propert~ . lines, . up' t~ . seven . an?' ~ne-halh.
.(7.5)..fe.eton. sJ.de lot 1J.nes, and with the provJ.s.J.on tha~
all building. structures are no near~r than up to fifteen:
. (15) feet from' any building structure, on any side adj oiniri~
Unit. . n
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3. House Square' Footage. As to the il Addi tional Property~
only, each residenti~l dwelling built upon any Unit shall have a~
least one thousand nine hundred ( 1. 900) square feet of inaoor
. floor area, exclusive of porches, garages and"~any
unairconditioned or unheated space.
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4. Unit Landscaping. As to ,the "Additional Property" only,
Article X of the Declaration shall not be applicable. Each Unit
.owner iil the Bentley ClUb Property shall be fully responsible for
maintaining any and all landscaping upon his Unit. Such land-
scaping shalJ comply with the requirements of Article IX, Section
2 of the Declaration. Failure to so maintain shall entitle the
Association to enter upon any such Unit to perform any such
maintenance, as provided in Article VIII, Section I, and to
assess the cost of such to the Unit Owner as provided. in that
. Article VI I I. All assessments for maintenance of landscaping
. within the Property originally encumbered by the Declaration and
known as Bentley Green Unit I shall be the sole responsibility of
the Unit owners within said Bentley Green Unit I, consistent,with
Article VI, Section 9 of the Declaration. .
5. Assessments. The initial annual assessment .referenced
in Ar:ticleVI , Section 5 of the Declaration shall be Three
Hundred Dollars '( $300 .00) per Unit in the Bentley Club Property.
6~ Declarant. 'Temple and Bentley do acknowledge and agree
that, notwithstanding ,the assignment to Bentley of certain rights
as Declarant in that certain Warranty Deed recorcied in Official. ,
Records Book 2072, Page 129 of the Public Records of Seminole.'
County, Florida, that Temple. did also reserve to' himself, and
Bentley does hereby assign to Temple, co-existent ri,ghts as
. Declarant under the Declaration, inCluding but without limitation
as to all lots, owned. by Temple. .in the. Additional Property.
. ' . . .
7. Limi tatibns ~ Except as. expressly provided above, . all ~f.
the terms, covenants,.conditionsand restrictions of.the Declara-
tion shall be fully applicable to the Bentley Club Property~
IN WITNESS WHERE:OF, Temple and Bentley have caused these
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presents to' be executed as of the day and. year first above
written.
Signed. sealed and delivered
.' in the presence of:
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A.WALTER TEMPLE, JR.,
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BENTLEY GREEN JOINT VENTURE I. a
Florida general partnership
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By:
SUNVEST REAL ESTATE, INC., a
Florida corporatio
Managiriq Joint 'Ve
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BY:U, tJ
A. Walter Temple, Jr.
Pres.ident
{Corporate Seal)
STATE OF FLORIDA ) .
)SS:
COUNTY OF v1~;J/~ )
. .' '.the. foregoing' . instrument was acknOWledged before me this
.2.CfZI-dayof I/).~~'" 1990. by A. Walter Temple. Jr.~' as Presi~'
dent' of Sunvest ~eal Estate. Inc.. a . Florid'a corpor~tioil,Manaq-'
iog Joint .Venturer on behalf of BENTLEY GREEN ,JOINT VENTURE. I, a
Florida general partnership.
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NOtARY PUBLIC " I .
STATE OF FLORIDA )
/1 ) SS:
COUNTY OF e,~a...~~ )
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The foregoing instrument was acknowledged before me"'this ".
.lil." day of a.u,.", ., 1990 by A. Walter Temple. Jr.. Trustee.( ,..,.:......,.,:.'
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MY'Cm~lSS10N EXP. MA~ 17.1994
BONDED lllRU ~i.;trw. INS. UHD.
R:831jD4024
06/21/90
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f'lO':'T\:lY rU3LlC STATE OF FLORlvA, '. ,,'
"I': CC:ldtilSSICM.E~P. i.i,~Y..l1~ 19~4
P.:t!lCZO iHRU GtritML ~M,). UNO. .
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Exhibit "A"
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Add! tional Pro..p.erty
Prom the Noithcasl. comer or WINTER"SPRINGS' UNtT"3;-as recorded in"
Plat Book 17. Pages 89 and 90. Public Records of Seminole County,
Florida; run N:870S l'OO"E along.an Easterly ~xtcnsion' of the North line
. of Said WINTER'SPRINGS UNIT.3. i1 distaneC of 39S~67 reetto a ~int on'
the East easement line of a Florida Power and Light Easeirientrccorded in .
Official Record Book 183, Page 130, Public Records of Seminole County~ .
Florida; run. thence N 3104S'S2" W along said East easement l~ (or a
distance of 3674,63 feet: lhence run E3stl.426.66 feet to the Point of
BcgiMing. said point bcing on the centerline of HoweD'Creek; run thence
Northerly along ~id centerline of Howell Creek the following courses: run
N 14031'IS" E for a distance of 103,24 feet; thence run N .r003I'IS" E
for a distance of S3.38 (eet; thence run N 06008'17" EJor a dist.'\ncc of
107.86 feet; thence run' N 64020'12" E for it distance of 107.70 reet;
thence run N 13025'OS" W (or a distance of 160.26 feet; thence run
N 21036'48" W for a distance of 84,60 feet; thence run N 24~'06" E
for a disrancc ofSl,9O (eet; thence run N.06002'13'' E for a distance of
79.15 (eet: thence run S 42023'31" E (or a distance of 73.29. feet: thence
run N ls047'34~ E for a distance of 21.66 feet; thence leaving aforesaid
centerline of Howell Creek run S 69018'41" E for a dist:lncc of 383.72
feet; thence run S 87037'08" E for a distance of 484,86 fcetto . point on
-me Westerly Right-of-Way line of Greenbriar Lane (60' R/W), said point
being on a non-tangent curve concave Eas~ly having a radius of 626.89 .
feet; thence from a tangent bearing of S 22030'36" W, run Southerly .
along the arc of saideurve and said Westerly Right-of~Way line for a .
distance of 239.42 fcctthrough a cenual angle o( 210S2'S6" to the point of
tangency; thence run S 00037'40" W along said Westerly Right~(-Way
line for a distlnce of 346.49 feet; thence leaving said Westerly Righl-Of-
Way line run the following courses along. the NortherJY line of BENTLEY
GREEN UNIT 1. recorded in Phll Book 41. Pages 42 through 4S oCtbe
Public Records of Seminole County.Florida; thence run N 86032'15" W
fora distance of 20,96 feet; thence run S 76~18'42" W (or a'distance of
134,1 S Jeet; thence run S 82017'31" W for a distance of 113.53 feet;
thence run S 41 015'1 T' E for a distance of 136,01 feet; thence run
S 19045'51" E for. a distance of 134,39 feet; thence run S 82031 '35" W
(or &I ;tfstance of 117,51 fect; thence run N 73037'28" W for a distance of
47.44 fectlO a point on a non-tangent curve concave Southwesterly h.'\ving
a Jildius of 274.86 feet and a chord bearing of S 100S3'40".E; thence
leaving SOlid Northerly line, run Southerly Ollong the arc of said curve and
. the Westerly Right-of-Way line of Bentley Green Circle (40' RJW) through
. a cenual angle of 15038'03" for a distance of7S.00.feet; thence run
N 88001'34" ,W along the North line .of Lot 2S of said BENTLEY
GREEN UNIT 1 for a distilllee of 119.93 feet; th(:l1ce run N 34039'39'" W
along the Easterly line o( Tract "C" of ~idBENTLEY. GREEN UNIT 1
. for a distance of 25,90 fect;thence runS 74OU'OS" W along the
Northerly line of said. Tract "C" for a distance of 10~32 feet; thence run .
N 15031'S2" W for a distance of 294.99 feet; thence run N' 40004'32" W
for a distance of 122.77 feet; thence run S 74034'26" W for a distance of
140.90 feel: thence run N 54016'46" W (or a distance of 216.20 feet to the
Point of Beginning.
Conlaining 1 S,996 acres more or less.
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MORTGAGEE'S CONSENT TO DECLARATION
BENTLEY CLUB
KNOW ALL MEN. BY THESE PRESENTS:
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That Firstate Financial a Savings Bank, 'hereinafter . refetr'e~
to. asrtMortgageert, the' owner and holder of a. Mortgage dated2
S~i!:;U. ~~ 1 \~i'C\. . granted by A. Walter Temple, Jr., Trustee,~
recorded in Official Records Book~, Page J..)i~ of the Public~
Records of S.eminole County, Florida, and encumbering the lands~
described on the Plat . of Bentley. Club according to the plat'
thereof as recorded in Plat Book '.t!:..-, Page~~{'J31of the Public
Records of Seminole C9unty, Florida, does hereby consent to the
foregoing Supplemental Declaration of Covenants, Conditions and
Restrictions dated~u~~r ~ , 1990, and Mortgagee agrees' that in
the event of foreclosure, deed in lieu of foreclosure or other
proceeding relating.' to enforcement of Mortgagee' s rights under
the aforementioned Mortgage and ~e Note secured thereby, the
terms of the Supplemental Declaration and the Bentley Green
Declaration of Covenants', Conditions and Restrictions, as
amended, referenced therein shall remain. in fullforc'e and effect
'as if the. same had' been entered into and recorded prior to the
recording of"the above-described Mortgage. .
IN WITNESS WHEREOF, Mortgagee has caused these presents.to
be executed by its corporate officer hereunto duly authorized as
of the ~ day of A.)~uS\-. 1990. .' .
Signed, sealed and delivered
in the presence of:
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FIRSTATE FINANCIAL .a s;r;lnqs',, ",
Bank . ..'.., ~ t....
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(Seal)
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STATE OF FLORIDA
.COUNTY OF ~ .
I HEREBY' CERTIFY that on this day, before me, an officer
dUly.authoriz.ed in the: State .and.~.c. nty~" f~es 'd .totake
acknowledgments,. personal~y. appe~J:'~d. .' ~-----'- ---:- ' well
known to me to' be the .~..M (/A~~', of. the
savings bank. . named as.' Mortgagee' herein, and that _
acknowledged executing the same in the presence of two
subsCribing~tnesses freely and voluntarily under authority duly
vested in by said savings bank and that the seal affixed
thereto is the true seal of said savings bank~
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WITNESS my hand BJd official seal )n the County and state
aforesaid this 2JJ4. day. of a1~1990, .......".'", . '_.
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DEVELOPER'S CONSE~IT AND APPROVAL TO DECLARATION
(BENTLEY CLUB)
KNOW ALL MEN BY THESE PRESENTS:
. .
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THATwnITER . SPRINGS DEVELOPMENT JOINT VENTURE~' a: ,'F10rida
general partnership, hereinafter .referred to .as "Developer," the
assignee of the De"lEHoper under that.' cel.tain Declaration o&t
Covenants and Restrictions (the "Original Declaration") dateij!'
June 30, 1987. recorded in Official Records Book 1864, Page 0803~
of the Public Records of Seminole County, Florida, an~
encumbering the lands described on the plat of Bentley Green Uni~
I, accordinq to the plat thereof as recorded in Plat Book 41F
Pages 42 to 45.' of the Public Records of Seminole County i!! --
Florida, does hereby consent to . and approve the foregoing
Supplemental. Declaration of Covenants, Conditions and
Restrictions dated Au:a.u,>r '19-- , 1990, as required by Section 15
of the 'Original Dec,laration.
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IN WITNESS WHEREOF, Developer has caused these presents
be e~ecuted by iter-corporate officer hereunto duly authorized
of the dlf;f!'day of "-.c!/.l.T 1990. .
Signed, seaied and ~live . d .
in the presence of: WINTER SPRINGS DEVELOPMENT
JOINT VENTURE
to
as
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a Delaware corpora~to~~~"".;::::' ,.'
managing general Pf~~~~;f ~
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By:
Name: Glenn
Title: Vice
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(Corporate Seal)
t\ND
By:
Home Capi ta1jCorporati'on,
a Californ' cor~p. or i.on,.
gener .' . . tner~: . r. / .
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"Name: L<;>uis.'E. .V~. ')..;...:....-1>.
Ti tIe: Vice Presidcrbt.:J' ". ,~.
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STATE OF FLORIDA
COUNTY OF OtIUJ~
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. I HEREBY CERTIFY that on tllis day, before me, an. office-
duly authorized in the State and. County'. aforesaid to.. tah
acknowl'edgments ,personally appeared Glenn Marvin, \I1ell known'~.
ine' to be the Vice President of Gulfstream Housing Corp.,' tli4it
managing' general . partner of the Developer named herein '. and thst
he acknowledged exec;:uting the' same . in \~ the presence of tWo
subscribing witnesses freely and Voluntarily under authority duly
vested in him by said corporation arid that the seal affixed
thereto. is the true corporate seal of said corporation.
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WITNESS my hand. and official\seal
last aforesaid thi s 'f?r/t?day of', ,
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NOTA PUB " -.: ' . ? .
"ty C'M1S L:C;~TATE en: FLORIDA AT lAI;.~.(1) :7'J <", ~
liON!)" ,ION 1:X;aIi:lES JUNE ~.19N : uJ ~ ~~' I.. . C
liD lH~U ASMON AOJEtlcr, iNC, \ ~ .... . -( 0 ,"_
STATE OF jl~ ""'1'~~: . ,"./.;.'
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COUNTY OF~. v . ,...,': ~.J.' ::~~\' '
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r HEREBY CERTIFY that on this day, before me, an officer
duly authorized in the State and County aforesaid, to take
acknowledgments~ personally appeared Louis E; Vogt, well known to
me. to be the Vice President of Home Capital Corporation. . qeneral
P!lrtner of the Developer named herein, . and that he acknowledged
executinq the same in the presence of two subscribinq witnesses
freely and voluntarily under.authority duly vested in him by said'
corporation and that the seal affixed' thereto is the true
corporate 'se~l of said corporation.
v.
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last
WITNESS my hand and OffiCiCil/.1jl
aforesaid this .~ day of ~
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in the County and State
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MY COMMISSION EXPIRES: MAY.JoIlI99:b. e...
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R:831/D4026
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STATE OF FLORIDA :
. COUNTY OF~ :.
I HEREBY CER.TIFY that on this day ,before me, . an
officer duly authorized in the state .and Country. aforesaid
to take acknowledgments, persona~ly appeared.Joy DeCaro,
well known to me .to be the Assistant Secre.tary of. Home
Capital Corporation, general partner of the Developer named
herein, and that she acknowledged executing the same in the
presence of two subscribing witnesses freely and voluntarily
under authority duly vested in him by said corporation and
that the seal affixed thereto is the true corporate seal of
said corporation.
WITNESS my hand and o~icial seal
State last aforesaid' this r::/.L- day of
199t).
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ACKNOWLEDGEMENT OF RECEIPT OF DOCUHENTS
BUYER:
LOT: . Bentley Green
The undersigned hereby concurs and agrees that they have received a
complete set of Bentley Green Homeowners Association Documents
this day of . 19_
It is understood ,that in case of recision of this contrac1:. these
documents must be returned prior to seller returning deposit monies.
BUYER.
BUYER
BUYER
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cSy'minole COilnty Property Appraiser Get Infonnation by Parcel Number
DADI"'CI nCTAII
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Page 1 ofl
2004 WORKING VALUE SUMMARY
GENERAL
Parcelld.' 000907-21-31-514-0000- T 01 tri t. W1-WlNTER
ax s c. SPRINGS
OWner: STERN VIRGINIA K Exemptions: DO-HOMESTEAD
Address: 1406 WINDING STREAM CT
CltY,State,ZlpCode: WINTER SPRINGS FL 32708
Property Address: 1406 WINDING STREAM CT WINTER SPRINGS 32708
Subdivision Name: BENTLEY CLUB AT BENTLEY GREEN
Oar: 01-SINGLE FAMILY
Value Method:
NU'!lber of Buildings:
Depreciated Bldg Value: .
Depreciated EXFT Value:
Land Value (Market):
Land ValueAg:
Just/Market Value:
Assessed Value (SOH):
Exempt Value:
Taxable Value:
SALES
Deed Date Boolk Page .Amount Vacllmp
QUIT CLAIM DEED 0:4/1996 03195 0729 $98,500 Improved
FINAL JUDGEMENT 05/1996 03068 1233 $100 Improved
WARRANTY DEED b3!1992 02403 0686 $69,900 Vacant
WARRANTY DEED 03/1992 02403 0685 $65,200 Vacant
Find Comparable Sales within this Subdivision
Market
1
$244,527
$10,389
$53,000
$0
$307,916
$235,273
$25,000
$210,273
2003 VALUE SUMMARY
Tax Value(without ~OH): $5,031
2003 Tax Bill Amount: $3,899 .
Savings Due To SOH: $1,132
. 2003 Taxable Value: $205,886
DOES NOT INCLUDE NON-AD VALOREM
ASSESSMENTS
LAND
Land Assess Method Frontage Depth Land Units Unit Price Land Value'
LOT 0 0 1.000 53,000.00 $53,000
BUILDING INFORMATION
. LEGAL DESCRIPTION PLAT
LEG LOT 9 BENTLEY CLUB AT BENTLEY GREEN
PB 44 PGS 35 THRU 37
Bid Num Bid Type Year Bit Fixtures Gross SF Heated SF Ext Wall Bid Value Est, Cost New
.1 SINGLE FAMILY '1992 11 3,560 2,624 CB/STUCCO FINISH $244,527 $256,049
Appendage / Sqft SCREEN PORCH FINISHED /322
Appendage I Sqft OPEN PORCH. FINISHED I 42. .
Appendage / Sqft GARAGE FINISHED /572
EXTRA FEATURE
Description Year Bit Units EXFTValue Est..Cost New
FIREPLACE 1992 1 $1,400 $2,000
POOL GUNIT~ 1992 450 $6,300 $9,000
COOL DECK PATIO 1992810 $1,985 $2,835
WATER FEATURE .1992 . 1 $700 $1,000
.IRON FENCE' 1992 1 $4 $5.
NOTE: Assessed va/ues.shown are NOT cerb'fied values andtherefore are subject to change before being finahzed for ad valorem tax
urposes.
....If ou recentl rchased a homesteaded ro tax will be based on Just/Market value.
L...LL_./'-______ _____rt
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ATTACHMENT E
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"'.. I vf' nll~ I r:n .,...nll'4UO), r-LUHIUA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708
Telephone (407) 327-1800
April 5, 2004
To:
John Baker, Senior Planner
Dennis Franklin, Building Official
Thru:
Kip Lockeuff, P.E., Public Works / Utility Director
Subject:
Proposed Addition at Mrs. Vireinia Stern's Property at 1406 Windine
Stream Cour1 or Lot 29 at Bentlev Cove at Bentlev Green
The City staff held a meeting to discuss the proposed addition at the 1406
'Winding Stream Ct. The proposed addition would extend beyond the rear building
setback and encroach into the 15 feet drainage easement at the rear of the property which
is also adjacent to the Tuscawilla Golf Course. The 15 feet drainage easement is to the
benefit of the homeowners association of Bentley Cove at Bentley Green. Present in the
meeting were the City's Kip Lockcuff, John Baker, David Alamina, Zynka Perez and
John Orkis, the property owner's representative,
Prior to an application of a building permit for the proposed addition, the property
owner must vacate the drainage easement or a part thereof and obtain a variance from the
rear yard building setback.
There are additional recommendations as follows;
'1. The proposed addition must not be built directly over the (embedded) pipe in the
drainage easement.
2. The property owner is recommended to provide a 'Hold Harmless Agreement' to
the homeowners' association.
3. If the proposed addition were allowed, it is the opinion of the building
department, that a special engineered plans for the foundation be part of the
permit. This special engineering should address and verify measures taken for the
soil bearing integrity of the foundation is maintained in the event excavation is
necessary to repair or replace the drainage infrastructure in the event of failure of
the drainage infrastructure. In short the building should be able to maintain
structural integrity if excavations needed or the angle repose of the footing is to be
violated.
Prepared by: .. ~
~~minac:6.. <
Stonnwater Manager / Senior Building Inspector
Cc:
Mr. John Orkis for M:rs. Virginia Stem
RECEIVED
APR 2 7 2004
CI1Y OF V\I1NTER SPRINGS
Current Planning