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HomeMy WebLinkAbout2004 06 03 Consent Item A l' CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING MAY 6, 2004 I. CALL TO ORDER The Board of Adjustment Regular Meeting of Thursday, May 6, 2004 was called to order at 7:00 p.m. by Chairman Thomas Waters in the Commission Chambers ofthe Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Chairman Thomas Waters, present Vice Chairman Jack Taylor, absent Board Member Gary Diller, present Board Member Kathryn Fairchild, present Board Member Howard Casman, present Board Member Kathryn Fairchild led the Pledge of Allegiance. Mr. John Baker, AICP, Senior Planner, Community Development Department explained, "We have a slight error in Item Number 1. This was noticed to the abutters as only a Variance for the screen enclosure setback and it appears that it also involves the location of the pool in relation to the property line. So before any decision should be made and recommendation made to the City Commission, I would like to re-notify everyone within one hundred and fifty feet (150') and amend the sign." II. CONSENT AGENDA CONSENT A. Approval Of The April!, 2004 Regular Meeting Minutes. "I MAKE A MOTION WE APPROVE THE MINUTES AS WRITTEN." MOTION BY BOARD MEMBER DILLER. SECONDED BY BOARD MEMBER FAIRCHILD. DISCUSSION. WITH CONSENSUS OF THE BOARD THE MOTION WAS APPROVED. MOTION CARRIED. 1 CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - MAY 6, 2004 PAGE20F6 III. REGULAR AGENDA REGULAR Community Development Department A. Requests The Board Of Adjustment Hear A Request For A Variance By Phillip And Janice Tucker From Section 6-85. Of The City Code Of Ordinances, To Encroach 1.5' (One And One Half Feet) Into The 7' (Seven Foot) Rear Screen Enclosure Setback. The Applicant Wishes To Construct A Screened Enclosure For A Swimming Pool In The Rear Yard, Into The Rear Setback. Mr. John Baker, AICP, Senior Planner, Community Development Department introduced the Agenda Item. Mr. Baker said, "They [Phillip and Janice Tucker] had a pool built and their pool contractor - relied on some faulty surveying information or a mistake - made somewhere measuring and the pool was put in the ground in a location that precludes them from meeting the screen enclosure setback." Mr. Baker added that the plan, "Shows the spa and the pool in conflict with our minimum setbacks. That is the area that was not noticed to the Public." Mr. Baker stated, "We [Staff] do not believe they meet the six (6) [Variance] Criteria." Chairman Waters said, "What has been noticed to the "Public" is for the pool enclosure and now there needs to be a 'Variance' for the pool itself, so it needs to be re-noticed." Mr. Baker said, "Yes Sir, for both items." Chairman Waters also stated, "Your recommendation is - to wait and hear the whole thing so it can be noticed properly." Board Member Gary Diller asked Mr. Baker, "If this is going to have to be re-noticed, then that is going to then afford perhaps an opportunity for other members of the community to appear and speak in regards to this. Is that correct?" Mr. Baker said, "Yes Sir." Mr. Baker said, "It was noticed for the screen enclosure setback, but not for the pool." Discussion. Mr. Phillip Tucker, 105 Inwood Court, Winter Springs, Florida: addressed the Board. Discussion. Mr. Tucker said, "It is not really a faulty survey, it is a misreading of an incomplete surveyor a survey that was subject to misinterpretation." Discussion. Mr. Dan Lamper, 101 Brookshire Court; Winter Springs, Florida: addressed the Board regarding his concerns. Much discussion ensued. 1 CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - MAY 6, 2004 PAGE30F6 Chairman Waters asked Joan Brown [Deputy City Clerk] to check on availability to hold a Special Meeting for Mr. and Mrs. Phillip Tucker. Discussion. REGULAR Community Development Department B. 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' (Ten Feet) Into The 20' (Twenty 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.) Mr. Baker presented this Agenda Item. Mr. Baker said, "We [Staff] have looked at this request according to the six (6) Variance Criteria and of course you have to meet all six (6) of those [Variance] Criteria and we [Staff] do not think they do." Discussion. Board Member Diller confirmed, "Your conclusion is that they do not meet any of the six (6) [Variance Criteria]. Is that correct?" Mr. Baker replied, "That is correct." Ms. Virginia Stern, 1406 Winding Stream Court, Winter Springs, Florida: briefly addressed the Board. Mr. John Orkis, 951 Wedgewood Drive, Winter Springs, Florida: spoke on behalf of Ms. Stern regarding the request for a Variance. Tape I/Side B Much discussion ensued. Mr. Steve Cox, President of the Bentley Green Homeowners Association, 876 Bentley Green Circle, Winter Springs, Florida: briefly addressed the Board. Mr. Rudi Stockham mer, Chairman of the Architectural Review Board/First Vice President/Treasurer of the Bentley Green Homeowners Association, 856 Bentley Green Circle, Winter Springs, Florida: spoke in favor of the "Variance" Request. Mr. Stockhammer stated, "The Architectural Review Board has looked at the plans and we are fine with the plans as long as they build according to Code of Winter Springs and the other Codes." Mr. Stockhammer added, "The Architectural Review Board has asked - all 'I CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - MAY 6, 2004 PAGE40F6 the neighbors are being asked whether they agree with it or do not agree." Mr. Stockhammer indicated, "Everybody agreed." Much discussion. "I MAKE A MOTION TO APPROVE THE REQUEST FOR VARIANCE AND PASS IT ON TO THE CITY COMMISSION FOR THEIR FINAL APPROVAL." MOTION BY BOARD MEMBER FAIRCHILD. WITH DISCUSSION, BO~ MEMBER FAIRCHILD WITHDREW HER MOTION. "I WOULD LIKE TO MAKE A MOTION THAT WE RECOMMEND TO THE CITY COMMISSION THAT THEY APPROVE - THE VARIANCE AS REQUESTED." MOTION BY BOARD MEMBER DILLER. SECONDED BY BOARD MEMBER CASMAN. DISCUSSION. MR BAKER SAID, "IJF AT SOME POINT, IF THIS MOTION CARRIES, COULD I GET EVERYBODY TO ELABORATE. I FEEL EACH ONE - OF THESE POINTS IS COVERED." CHAIRMAN WATERS REMARKED, "THAT IS A GOOD POINT. WE DO NEED TO RECOMMEND TO THE [CITY] COMMISSION AS TO HOW THESE SIX (6) [VARIANCE CRITERIA] POINTS ARE AFFECTED BECAUSE THAT IS WHAT OUR MOTION NEEDS TO BE BASED ON." FURTHER DISCUSSION ENSUED. Tape 2/Side A DISCUSSION. BOARD MEMBER DILLER REITERATED HIS MOTION AND STATED, "THE MOTION - WAS TO FORWARD IT WITH A RECOMMENDATION FOR APPROV AL." CHAIRMAN WATERS ADDED, "SO EVERYONE UNDERSTANDS - IF YOU ARE VOTING TO APPROVE THE VARIANCE - YOU WOULD VOTE YES, IF YOU ARE VOTING NOT TO APPROVE THE VARIANCE, YOU WOULD VOTE NO." VOTE: BOARD MEMBER CASMAN : AYE CHAIRMAN WATERS: NAY BOARD MEMBER FAIRCHILD: AYE BOARD MEMBER DILLER: NAY MOTION DID NOT CARRY. "! CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - MAY 6, 2004 PAGE50F6 Chairman Waters said, "It will go to the [City] Commission. You [Mr. Baker] will let the applicant know what the date will be?" Mr. Baker said, "That will be the second Meeting of this month." IV. FUTURE AGENDA ITEMS Mr. Baker said, "We have a 'Conditional Use' for multi-family - condominiums _ fifteen (15) acres right next to Golf Terrace." Board Member Fairchild asked Mr. Baker, "Do you want something in writing?" Mr. Baker said, "I just need to have. the reasoning behind a recommendation of approval, because it is very difficult to say, well, the Board recommends approval and disagrees with Staff for the following reasons if you do not know the following reasons." With further discussion Chairman Waters suggested another Meeting with Mr. Anthony A. Garganese, City Attorney, to discuss the six Variance Criteria. Chairman Waters stated, "That might be something that we might want to consider - if you all want to, we can ask to do that in the next couple of months - sit down and talk to him [Attorney Garganese], ask him questions." Board Member Howard Casman asked, "Is there anywhere I am going to find a further explanation ofthese six (6) [V ariance Criteria]?" Mr. Baker stated, "It is in the Code." Discussion. V. REPORTS Mr.. Baker pointed out that there will be a Board of Adjustment Special Meeting scheduled before the next Regular Meeting. VI. ADJOURNMENT "I MOVE TO ADJOURN." SECONDED. DISCUSSJION. MOTION WAS APPROVED. MOTION CARRIED. MOTION BY BOARD MEMBER DILLER. WITH CONSENSUS OF THE BOARD THE " CITY OF WINTER SPRINGS MJNUTES BOARD OF ADJUSTMENT REGULAR MEETING - MAY 6, 2004 PAGE 6 OF 6 Chairman Waters adjourned the Meeting at approximately 8:48 p.m. RESPECTFULLY SUBMITTED BY: APPROVED: v/~~ THOMAS WATERS, CHAIRMAN BOARD OF ADJUSTMENT NOTE, Th~, Mi,,'" _ 'pprov", '~. 2004 B=d Of Ad;"""",,' >'go]" M,"i",.