Loading...
HomeMy WebLinkAbout2004 07 01 Consent Item A .. ;; CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT SPECIAL MEETING MAY 27,2004 I. CALL TO ORDER The Board of Adjustment Special Meeting of Thursday, May 27, 2004 was called to order at 7:00 p.m. by Vice Chairman Jack Taylor in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Chairman Thomas Waters, absent Vice Chairman Jack Taylor, present Board Member Gary Diller, present Board Member Kathryn Fairchild, present Board Member Howard Casman, present Board MemberKathryn Fairchild led the Pledge of Allegiance. II. 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 And A Variance From Section 6-219. Of The City Code Or Ordinances For The Water's Edge Of The Pool To Encroach 2' (Two Feet) Into The 10' (Ten Foot) Setback From The Rear Property Line. Ms. Eloise Sahlstrom, AICP, ASLA, Senior Planner, Community Development Department presented this Agenda Item. Ms. Sahlstrom stated, "The noticing that went out did not describe the full situation for the V ariance~ So, the n~ticing now has gone out - so we are ready to bring before you this request for a Variance from Phillip and Janice Tucker for their pool enclosure, as well as, their pool as the Agenda Item describes, and I will take some time to explain it further for the record." 1 CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT SPECIAL MEETING - MAY 27, 2004 PAGE 2 OF 4 Ms. Sahlstrom added, "They [Phillip and Janice Tucker] had contracted with Antigua' Pools to put in a pool and apparently there was a survey that was utilized that was unclear and subsequently - the pool got constructed within the setback rather than being ten feet (10') from the rear property line, it encroached as much as two feet (2') into that area which also means that the pool enclosure will also encroach into the setback area allowed for a screen enclosure. So, pools are required by Code to be at least ten feet (10') from the rear property line with a seven foot (7') setback for the screen enclosure." Ms. Sahlstrom said, "Staff believes that we really can not ask for approval of this Variance based on the six (6) [Variance] factors. We do, however, believe that it really was not the fault of the Tucker's that this error happened." Discussion. Mr. Phillip Tucker, 105 Inwood Court, Winter Springs, Florida: addressed the Board to request a Variance. Vice Chairman Jack Taylor asked, "If, Mr. Tucker, it will require that you relocate the pool - it would have to be redone totally?" Mr. Tucker said, "I really do not know the answer to that." Vice Chairman Taylor said, "Who would be responsible for the costs to do that?" Mr. Tucker stated, "At this point in time, the pool builder would incur that cost." Mr. Andrew Scott Whiteway, President, Antigua Pool Company, Inc., 98 W Broadway Street, Oviedo, Florida: addressed the Board. Mr. Whiteway stated, "I will be the one to accept any fines that will be placed against the Tuckers - and if we do have to - move the pool, we will have to move the pool. But, we [Antigua Pools] accept the responsibility, not the Tuckers." Discussion. Mr. Whiteway stated, "We were talking about the screen enclosure and how it may affect this gentleman [Mr. Daniel Lampert] and there [are] ways that it will not be a huge obstruction - a dome going this way. We can take the dome the opposite way to where the lower end of the screen will be facing his [Mr. Lampert's] house instead of this big dome facing the side of his [Mr. Lampert's] house." Discussion ensued regarding the screen enclosure. Mr. Daniel Lampert, 101 Brookshire Court, Winter Springs, Florida: addressed the -Board regarding-his concerns. Discussion. Ms. Janice Tucker, 105 Inwood Court, Winter Springs, Florida: briefly addressed the Board. CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT SPECIAL MEETING - MAY 27, 2004 PAGE 3 OF 4 "I WOULD LIKE TO MAKE A MOTION THAT WE GRANT A VARIANCE FOR THE POOL FROM TEN FEET (10') TO EIGHT FEET (8') FROM THE PROPERTY LINE AND A VARIANCE FOR THE SCREEN ROOM FROM SEVEN FEET (7') TO SIX FEET (6') FROM THE PROPERTY LINE." MOTION BY BOARD MEMBER DILLER. SECONDED BY BOARD MEMBER FAIRCHILD. DISCUSSION. VOTE: BOARD MEMBER CASMAN : NAY BOARDMEMBERFAIRCHILD: AYE BOARD MEMBER DILLER: AYE VICE CHAIRMAN TAYLOR: NAY MOTION DID NOT CARRY. Discussion. BOARD MEMBER DILLER STATED, "MOTION TO READ THAT - RECOMMEND GRANTING THE VARIANCE FROM TEN FEET (10') TO EIGHT FEET (8') FOR THE POOL AND FROM SEVEN FEET (7') TO SIX FEET (6') FOR THE SCREEN ROOM AND THEN FURTHER RECOMMEND THAT THE CITY COMMISSION AFFIX ANY FINES OR PENALTIES THAT THEY SEE FIT." BOARD MEMBER DILLER ADDED, "THE POOL BUILDER HAS ACCEPTED THE RESPONSIBILITY - IN FRONT OF US. I WOULD - AMEND THAT TO INCLUDE - IF THE [CITY] COMMISSION FELT FINES OR PENALTIES WERE WARRANTED THAT THEY BE ASSESSED AGAINST THE POOL BUILDER, NOT THE HOMEOWNER." MOTION BY BOARD MEMBER DILLER. SECONDED. DISCUSSION. Tape I/Side 2 BOARD MEMBER DILLER ASKED, "IS THAT ACCEPT ABLE WITH THE HOMEOWNERS [TUCKER'S] IF THEY [ANTIGUA POOLS] DID THAT TO SLOPE IT FROM THE BACK TO THE FRONT INSTEAD OF FROM SIDE TO SIDE?" MR. TUCKER STATED, "IF THIS WOULD ADDRESS MR. LAMPERT'S CONCERNS AND MAKE IT AN AGREEABLE SITUATION FOR HIM, THEN WE WOULD BE WILLING TO DO THAT. IF NOT, WE PREFER _ TO DAVE. THE QQME_ENCLOSURE THE WAY IT WAS ORIGINALLY DRAWN." MR. LAMPERT SAID, "HAVING TO MAKE THE DECISION, YES OR NO TO BE CLEAR - I GUESS I WOULD SAY THAT WOULD NOT BE ENOUGH BECAUSE THERE WOULD STILL BE A VARIANCE ON THE PROPERTY ADJACENT TO ME." :~ CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT SPECIAL MEETING - MAY 27, 2004 PAGE 4 OF 4 VOTE: BOARD MEMBER DILLER: AYE VICE CHAIRMAN TAYLOR: AYE BOARD MEMBER FAIRCHILD: AYE BOARD MEMBER CASMAN: NAY MOTION CARRIED. Discussion. III. ADJOURNMENT Vice Chairman Taylor asked, "Do I hear a Motion to Adjourn?" "SO MOVED." MOTION BY BOARD MEMBER DILLER. SECONDED BY BOARD MEMBER FAIRCHILD. DISCUSSION. WITH CONSENSUS OF THE BOARD THE MOTION WAS APPROVED. MOTION CARRIED. Vice Chairman Taylor adjourned the Meeting at approximately 7:52 p.m. RESPECTFULLY SUBMITTED BY: . BROWN PUTY CITY CLERK APPROVED: ~~o~ THOMAS WATERS, CHAIRMAN BOARD OF ADJUSTMENT Nom TIre" M;,",~ _ .pprn,," "~' 2004 B"nl of A"jo"~t "'got~ Mreh,..