HomeMy WebLinkAbout2004 09 02 Public Hearings Item A
;-
Board of Adjustment
AGENDA
ITEM A
Consent
Informational
Public Hearing X
Regular
September 2. 2004
Meeting
Mgr. 1 Dept
Authorization
REQUEST: The Community Development Department presents to the Board of Adjustment a
variance request fTom the requirements of Section 9-3 of the City Code, to allow further
subdivision of a platted lot, pursuant to the criteria set forth in Section 9-5. The property is
located generally at the northeast comer of Panama Road and South Moss Road.
PURPOSE: The purpose of this agenda item is to consider a variance request by Neil and
Pearl Backus, the applicants, to subdivide a platted property into more than 2 lots (an existing 3,6
acre lot, that was created when lot 6 of North Orlando Ranches, Section 1, Block B was divided
into 2 lots, is proposed to be subdivided into 3 new lots - each of which meets the minimum 1
acre lot size and 120 foot lot width requirements). Section 9-3 ofthe City Code allows a
previously platted lot to be re-platted into no more than 2 lots (both new lots must meet all
applicable criteria established for that zoning district, as well as other applicable regulations).
The Code provides for a variance from this requirement in Section 9-5, setting forth applicable
variance criteria.
APPLICABLE REGULATIONS:
Sec. 9-3. Dividing platted property.
Sec. 9-4. Waiver to subdivision requirements.
Sec. 9-5. Variances.
Sec. 9-6. Appeals from granting variances
.- September 2, 2004
Public Hearing Item A
Page 2
Chapter 20, Division 3. RC-I Single Family Dwelling District.
Sec. 20-141 thru Sec. 20-147.
Comprehensive Plan
CONSIDERATIONS:
North Orlando Ranches, Section 1, Block B, Lot 6 (approximately 5.163 acres) had previously
been divided into 2 lots (please see attachement). Mr. and Ms. Backus have requested a variance
to subdivide the larger of these lots (3.6 acres) into 3 new lots - 2 approximately 1 acre lots and
one approximately 1.5 acre lot. They state that at least 7 other similar subdivisions have been
allowed (e,g. Moss Road Ranches, Seibert Manor, Morie Subdivision, Susan Woods, Bahanla
Ranches, VandergraffEstates, and Oak Hill Estates).
Section 9-3 of the City Code provides for dividing a platted lot into 2 lots, provided that each lot
meets the minimum lot size and width requirements applicable to the zoning district (RC-I
zoning district - 1 acre minimum lot size and 120 feet wide at building line), as well as other
applicable regulations (e.g create buildable lots that do not compromise applicable zoning,
building code, health department, or wetland setbacks). The site abuts South Moss Road and
Panama Road and would not require any new roadway construction, A stream or ditch and its
associated wetlands cross this property. Staff believes that the comprehensive plan requires the
wetland boundary be determined and surveyed prior to platting (if the variance were granted), to
ensure that buildable lots are indeed being created.
Section 9-5 of the City Code provides that variances may be granted from this requirement,
"when such variance will not be contrary to the public interest, and where owing to special
conditions, a literal enforcement of the provisions of this chapter would result in unnecessary
hardships. Such variance shall not be granted if it has the effect of nullifying the intent and
purpose of this chapter." The applicant must demonstrate "that special conditions exist which
are peculiar to the lands, structures or required subdivision improvements involved and which are
not applicable to other lands, structures or required subdivision improvements."
Section 9-5 requires the Board of Adjustment make a finding that each portion of this section
have been met in order to vote for the variance. The Board must "make a finding that the reasons
set forth in the application justify granting the variance and that the variance is the minimum
variance that would make possible the reasonable use of the lands, buildings or other
improvements." The Board must additionally make a "finding that the granting of the variance
would be in hannony with the general purpose and intent of this chapter and will not be injurious
to the surrounding territory or otherwise detrimental to the public welfare."
If the Board were to vote in favor of the variance, it could prescribe appropriate conditions and
safeguards,
~
September 2, 2004
Public Hearing Item A
Page 3
CHRONOLOGY:
July 21,2004- Variance application and fee received by City
FINDINGS: 1.The site has RC-I zoning and a Rural Residential Future Land Use (FLU)
designation.
2. North Orlando Ranches Section 1. Block B, Lot 6 (approximately 5.163 acres)
has been divided into 2 lots, one lot (approximately 3.6 acres) is proposed to be
subdivided into 3 lots,
3. Section 9-3 of the Code allows a platted lot to be divided into 2 lots, subject to
meeting all applicable regulations.
4. Section 9-5 of the Code provides a mechanism for variances from this
requirement, subj ect to meeting all of the criteria set forth for that variance (not
the same variance criteria set forth for setbacks).
ST AFF RECOMMENDATION:
Staff recommends that the BOA recommend the variance be denied,
BOARD OF ADJUSTMENT ACTION:
ATTACHMENTS:
A - Application & Supporting materials
B - Location Map & Plat
C - Sections 9-3 and 9-5 of the City Code
ATTACHMENT A
CITY OF WINTER SPRINGS
COMMUNITY DEVELOPMENT OEPAATMENT
1126 STATE ROAD 434 RECEIVED
WINTER SPRINGS, FL 3~708
407-321-5967 JUL 2 12004
FAX: 4 0 7 . 3 2 7 - 669 5 . CITY OF VVlNTER SPRINGS
L Current Planning
-
BOARD OF ADJUSTMeNT APPLICATION
o SPECIAL EXCEPTION
X VARIANce
o CONDITIONAL USE
(] APPEAL. OF AN ADMINISTRATIVE DECISION
APPLlCAN1': _ gl(,i'V\5 , ,f<;ck '} 0r
L~st fir"
MAILING ADDRESS: 35b .9olA+h C8l1frql A.eVlue
()V l-ed{') I F L
L-fo7City 3~S:- 103 ~ Slate
repreSeVl ~Jr't,.e 6~ ia.~
Middle 1et.. '"
3 2 7GS-
lip Code
PHONE:
If Applicant does NOT own the property:
.PROPERTY OWNER: &c. ku S J ;Veri R, 47 ~r" ( H.
l.ut . , f) First
MAILING ADDRESS: i Ie E. I-tN"';{~ ~oaJ
t.vil1~: spv-: t1'jS t='L
407 It'! ~9? - '/223 Stale
Middle
32702
Zip Cooe
PHONE:
This request ill fQt the property desCT,lbed below:
PROPERTY ADDRESS: !:it S- S. A1~5.5' /{oqol , w; vrk(" 5pt",' ~S / ;:: L 32 ~
TAXPARCELNUMBEIt: 0'2.- 2/- 30 - 581 - oBco -oo0A
SIZE OF PARCEL: 3,6 acreS
SqIlllfC Feet ^ctc,
Cuneht FU11JRE LAND USE Classification: ~ fA ~ I /(ES'dev, f~ I
Current ZONING ClassiftcaUon: R C =-l
PJeasestateYOURREQ1JEST:J~e 0pfJOV',Jtll,,;fy +0 Cre:l,te. +Ar-ee
leAs ;., ClC(o"'''tt.,c:e WI~ -I--t/e st..<1dtvis/Oh (!).,J.'h4I1ce.
***LIVE***REfRESHED 87/15/84** "ISC
"ISCEllANEOUS CASH RECEIPTS
Date / Time : 87/21/04 14:44
Pay.~nt Ape! ~.~80. 00
Recel~t " : 674937
Check/Credit Card ":
Clerk : dascano
Paid By : BACKUS, NEIL
~fllj/~~~q ~~:~b
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Tho APPLICANT IS RESPONSIBLE for posting the blue notice card on the site at least seven (7) days
prior to the Board of AcljUstment Meeting at which the matter will be conslden:d. Said notice shan NOT he
posted withia tbe City rigbt-of-wny.
APpucANTS are advised, that if they decide to l\ppealany decisions made at the meetings or hearings,
with respect to lany matter considered at the meetings or bearings, tbey will Deed a record of the
prooccdingtl a.nd, for such p\lrpoSfl.', thty will need to insure that II verbatim record of the proceedings is
made, al their cost., which includes the testimony and evidence upon which the appeal i9 to be bAged, peT
286.0105, Florida Stlltutes.
Any variance, special exception or. condilional. use which may be gran.ted by the city council $hal1 expire
sIx. (6) months after the effective date ofsucb action by the city commissi(m, unless a building permit based
upon llnd incorporating the vo.rlance" spccilll exception o~ conditionnl use is obtllined within the aforesaid
six-month p~.iod. However, the city commission, m&y renew such variance, special exception or
con,ditional use fOJ Onl: (1) additional period of six (6) months, provided good cause is shown and the
application fot ~tension shall be filed with the board at leil5t thirty (30) days prior to the expirDtion of the
six-month period. Any renewal may be granted without public hearing; however, a reapplication fee may
be charged in an amount not to exceed the amou'I)t of the original application fce. It is intended that
provi$ioDs contained within thi$ $ubsectloll are to be reu:oactivc to the extent that any variance, special
exception ox conditional use previously granted sball become void if a period or time in excesS of twelve
(12) months shall bave lapsed, aT.ld a b"ildinS permit basedupon and incorporating the variances, special
exceptions or conditional uses has not been issued prior to expi.ution of suet) time limit,
Winter Springs Code olOrdinances, Section 20-83 (h)
THE FOLLOWING ITEMS ARE TO BE SUPPLIED WITH THIS APPLICATION:
o A copy of the most recent SURVEY of the subject property,
o A copy of the LEGAL DESCRIPTION,
o 11 x 17 MAP; showing ADJACENT STREETS and
o JUSTIFICATION for the Request ($ee Attached List)
o NAMES and ADDRESSES of each property owner within 150 ft. of each property line. .
o Notarized AUTHORIZATION of the Owner,
IF the Applical'lt 1$ other than the Owner or Attorney for the Owner (see below).
o APPLICATION FEES:
fE,ES arc as SHOWN BELOW plug ACTIJAL COSTS Jncuned {or ADVERTISING en: NOTIFICATION,
and for REIMBURSEMENT for TECHNICAL and/or PROFESSIONAL SERVICES which may be
required in connection with the review., inspection or approval of 3D)' development (based on accounting
subm.itted by the City's Consultant) I payable: prior to approval of. the pertitl,ent stage of development.
CONDITIONAL USE I SPECIAL EXCEPTION I GENERAL PERMIT
VARIANCE
APPEAJ~ OF AN ADMrNISTRA TlVE DECISION
$ 500
$ 500
$ 500
TOTAL DUE
$
2
^pril3O, :!lO4
'.
......................*,.........................................................,....
FOR USE WHEN APPLICANT IS OWNER OF THE SUBJECT PROPERTY:
This ia to cer1ify that J am the Owner in fee simple of subject lands described within tbis Application for
Board of Adjustment consideration:
Signature ofOWJIer
Sworn to aoo subscribed before me this
_ day of 20_,
Notary Public
My Commission expires:
Perso.na11y KnoWll
producc:d Identification:
(Type)
D1d take an Oath
Did Not take and Oath
...........................*....................~....................................
FOR USE WHEN APPLICANT IS NOT OWNER OF THE SUBJECT PROPERTY:
t. 8a.cIrtt5. Ale; I R. 4- ~.....f 1-1. do hereby with my not:n:izcd signature allow
La ",d Tee...J" Ie represent me in thi:; AppUcati.oll related to my propeny. The
propertyia identified as: Tax Porcel Numbcr(s) cY'2 -~ 1- 30 - 5"BI - o&:x5, 000A
Loc...dat Lit'=> S,,A{cS5 iJ,.~.,!ev- 5r>>\J/~
~,<YJ~~~~~ ~~_
Signature ofOwner(s) .
Sworn to aM .Db,cribcd bcjb" me lid. ~ ~
021 SI day of JU L Y 20il!L. Notary Public ....
My Commissj(ln FXPires:
9/3/0 '7
, .
Per90nal1y Known
V Produced 0): ('Type) ~L j) L PAMEtA BIKOWICZ
Did take an Oath , Notary Public St'" of
Did Not take and Oath My comm ' t& F'orlda
Comm: ~~'D~~;~~~OO7
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VARIANCE REQUEST
· What is the Variance you are requesting?
Code of Ordinances Chapter 9 Article I Section 9-3 states:
An owner of a single lot of sufficient size, except in a platted area of a planned tmit development, may,
with prior approval of the city commission, divide an originally platted single lot once into no more than
two (2) parcels or lots. An owner of a lot which has been divided shall not be granted approval for a replat
which would result in dividing the originally platted single lot into more than two (2) parcels or lots, Each
parcel or lot so divided shall in every respect meet the criteria established elsewhere in this Code for the
category of zoning and other relevant Codes under which the property is zoned and each parcel or lot shall
meet the engineering requirements set out elsewhere in this chapter. In such instance, and only within the
strict application of this section, may the full provisions of this chapter be waived and variances granted
thereto. No buildingpennit shall be issued for the erection of any building on a previously platted lot which
is divided contrary to this section.
The request is for the opportunity to create (3) lots in accordance with the subdivision ordinance from an
) originally platted parcel.
· What 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?
The special condition that exists is the unique shape of the land along with the physical features of the land
severely inhibit the reasonable use of property if a strictly literal interpretation of sec. 9-3 is taken,
· Are these special conditions and circumstances the result of actions by the applicant?
No,
, · How will a liteml interpretation of the provisiollS of the zoning district deprive the applicant of rights
commonly e~oyed by other properties in the same zoning district and work unnecessary hardship on
the applicant?
The current classification of RC-l and future land use classification Rural Residential do, according to
zoning district provisions, allow for lot sizes that are one acre in size,
· Will granting the variance confer any special privilege that is denied to other lands, buildings or
structures in the same zoning district?
Granting the variance would not confer any special privilege that is denied to other lands, there are
currently at least (7) subdivisions that have received similar variances in this same zoning district They
are listed below:
Moss Road Ranches
Seibert Manor
Morie Subdivision
Susan Woods
Bahama Ranches
VandergraaffEstates
Oak Hill Estates
· Is the variance as requested the minimum variance that will make possible the reasonable use of the
land, building or structure?
Yes, the only variance being requested is in regards to Article I Section 9-3, The subdivision would still be
required to meet all other criteria established in the code for subdivision.
PARCEL DETAIL
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2004 WORKING VALUE SUMMARY
GENERAL
Parcelld' 02-21-30-5BI-OBOO- Tax District. W1-WlNTER
. 006A . SPRINGS
Owner: BACKUS NEIL R & exemptions:
. PEARL H
Address: 110 E PANAMA RD
Clty,State,ZlpCode: WINTER SPRINGS FL 32708
Property Address:
Subdivision Name: NORTH ORLANDO RANCHES SEC 01
Oor: OO-VACANT RESIDENTIAL
Value Method:
Number of Buildings:
Depreciated Bldg Value:
Depreciated EXFT Value:
Land Value (Market):
Land Value Ag:
Just/Market Value:
Assessed Value (SOH):
Exempt Value:
Taxable Value:
Market
o
$0
$0
$45,000
$0
$45,000
$45,000
$0
$45,000
SALES
Deed Date Book Page Amount Vacllmp
Find Comparable Sales within this Subdivision
2003 VALUE SUMMARY
2003 Tax Bill Amount: $855
2003 Taxable Value: $45,166
DOES NOT INCLUDE NON-AD VALOREM
ASSESSMENTS
LEGAL DESCRIPTION PLAT
LEG LOT 6 (LESS BEG SW COR RUN E 325 FT N
204,5 FT W 340,97 FT TO EL Y RfIN MOSS RD
SEL Y ON RfIN
205,13 FT TO BEG) BLK B NORTH ORLANDO
RANCHES SEC 1 PB 12 PG 3
NOTE: Assessed values shown are NOT certified values and therefore are subject to change before being finalized for ad valorem tax
urposes.
u. If ou recentl urchased a homesteaded (0 e
LAND
Land Assess Method Frontage Depth Land Units Unit Price Land Value
LOT 0 0 1,000 45,000,00 $45,000
,.('..;.-J ,J. ,t. '" :::.,,'(:"-.,...:....... "',',-, ','-'" ~-M'!I'" "-.t ~., ~ J ""'~.-
""',",; "ft."" '" '1"~' 'J ',-'-""'''''' ....PIU)PIRn.')\p,PR'AISER, '" ".;,." ,,-,<'C, ..",j "-' '..;: :~,., ,'1.' >!t.
.. )i:~' :~;::~;(~~~ ~':,~:j~e/ ':'::;:~:\~~;~>:::'t ~~g~J,E..r~2~:;/-::::,:~;~';f::f~;~:':.~,,<~/~~~j~1;~tT:':~;>
Abutters to 02-21-30-5BI-OBOO-006A
Owner Name Gould-Spence Janet Trustee
Owner Address 101 E Panama Road
Winter Springs, FL 32708
Property 10 02-21-30-5BI-OCOO-0040
Property Address 101 E Panama Road
Winter Springs, FL 32708
Owner Name Pagano Ross J & Sylvia L
Owner Address 115 E Panama Road
Winter Springs, FL 32708
Property ID 02-21-30-5BI-OCOO-004A
Property Address 115 E Panama Road
Winter Springs, FL 32708
Owner Name Jordan James D & Jacquelyne V
Owner Address 125 E Panama Road
Winter Springs, FL 32708
Property ID 02-21-30-5BI-OCOO-0030
Property Address 125 E Panama Road
Winter Springs, FL 32708
Owner Name Harper Alisa D & Phillips David B
Owner Address 120 E Panama Road
Winter Springs, FL 32708
Property ID 02-21-30-5BI-OBOO-0070
Property Address 120 E Panama Road
Winter Springs, FL 32708
Owner Name Amato Roseann
Owner Address 135 Bahama Road
Winter Springs, FL 32708
Property ID 02-21-30-5BI-OBOO-004A
Property Address 135 Bahama Road
Winter Springs, FL 32708
Owner Name 8ush Mary J
Owner Address 125 E Bahama Road
Winter Springs, FL 32708
Property ID 02-21-30-581-0BOO-0040
Property Address 125 E Bahama Road
Winter Springs, FL 32708
Owner Name Bledsoe Marvin & Sandra & Elise M
Owner Address 405 S Moss Road
Winter Springs, FL 32708
Property ID 02-21-30-5BI-OBOO-0050
Property Address 405 S Moss Road
Winter Springs, FL 32708
Owner Name Wiltshire Valerie
Owner Address 110 W Panama Road
Winter Springs, FL 32708
Property 10 03-21-30-5BJ-OAOO-0070
Property Address 110 W Panama Road
Winter Springs, FL 32708
Owner Name Wordley Debra B & Bennett Bruce G
Owner Address 5652 Jack Brack Road
S1. Cloud, FL 34771
Property 10 03-21-30-5BJ-OAOO-0080
Property Address 410 S Moss Road
Winter Springs, FL 32708
:-.,:-,
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A
CITY OF WINTER SPRINGS
SUBDIVISION AND PARCEL MAP
March 2004
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CURve DATA
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ATTACHMENT C
~ 9-1
WINTER SPRINGS CODE
tract of land, whether improved or unimproved,
into three (3) or more contiguous lots Or parcels of
lands, designated by reference to the number or
symbol of the lot or parcel contained in the plat of
such subdivision, for the purpose, whether imme-
diate or future, of transfer of ownership, or if the .
establishment of a new street is involved, any
diVision of such parcel. The term includes a
resubdiVision and, when appropriate to the con-
text, relates to the process of subdividing or to the
land subdivided.
Swale means an open cut with a slope ratio of
the front face, or roadside face, which is shallower
than 3:1.
Tree preservation, see section 5-l.
(Code 1974, ~ 14-1).
Sec. 9-2. Sale of non platted property.
No owner of real property being a subdivision
as defined in this chapter, shall sell lots from such
tract without first having, in accordance with the
requirements hereof, such tract surveyed and a
plat of the lots proposed to be sold prepared by a
registered surveyor except as provided in section
9-3. Before such plat shall be recorded, it shall be
,?pproved in accordance with the specific provi-
sions of this chapter and F.S, Ch. 177. No permit
shall be issued foithe construction of any build-
ing or for an electrical hookup on any lot sold in
violation of this section,
(Code 1974, ~ 14.3)
Sec. 9-3. Dividing platted property.
An owner of a single lot of sufficient size,
except in a platted area of a planned unit clevel-
opment, may, with prior approval of the city
commission, divide an originally platted sinJJ:le lot
once into no more than two (2): parcels or lots. An
ow~er: plalot whi~h 4as beendiviqeg.. shall no~ be
granted approval :for a repla.t. which would n~sult
in dividing the orlg.na:Ily platted single lot into
more than two (2) parcels or lots; Each parcel or
rot so divided shall in every respect. meet.. the
criteria estabIished'elsewhere. in this Code for the
category of zoning and other relevant Codes un-
derwhich the property is zoned ahdeach parcel or
lot shall meet the engineering requirements set
out elsewhere iri this. chapter. In such instance,
and only within the strict application of this
section, may the full provisions of this chapter be
waived and variances granted thereto. No build-
ing permit shall be issued for the erection of any
building on a previously platted lot which is
divided contrary to this section,
(Code 1974, ~ 14-3.1) .
Sec. 9-4. Waiver to subdivision requirements.
For subdivisions where no new streets, water,
sewer, or drainage structures are involved, appli-
cation for approval of preliminary or fInal subdi-
vision plans may be waived provided, however,
that a .plat;that can be recorded of the proposed
. subdivision shall be submitted for review by the
city staff. The recommendation of the city staff
shall be subject to approval by the city commis-
sion. The purpos,e of this approval is to ensure
that the proposed s'ubdivision conforms to appli-
cable requirements ofthe subdivision regulations,
(Code 1974, S 14-3.2)
Sec. 9-5. Variances.
(a) The board of adjustment may gr~t a vari-
ance from the terms of this chapter when such
variance will not be contrary to the public inter- '
est, and where owin . to s ecial. condi.tions, a
meral enforcement of the prOViSIOns 0 this chap-
ter would result in unnecessaiy hardships. Su.ch
variance shall not be granted if it has the eff~
nullifying the intent and purpose of this chapter.
--- .
(b) . A written application for such variance
must be submitted demonstrating that special
conditions exist which are' peculiar tci the Jands,
structures or required. subdivision'improvWElnts
involved and which are ~riotapplicable, tp"other
lands,structures Or re uired subdivision improve-
ments. pp ication shall be accompanie y t e
te6fur a variance as specified in the fee schedule
currently in effect,
(c) Before any variance shall be granted, a
public hearing on the proposed variance shall be ..
held by the board of adjustment. Notice of such
public hearing shall be published fifteen (15) days
prior. to the hearing in a newspaper of general
circulation in the county. Such notice shall also be
posted fifteen (15) days prior to the hearing in
three (3) separate places in the city, and be mailed
562
LAND DEVELOPMENT
to all persons who are record owners of property
within one hundred fifty (150) feet of the subject
property.
(d) The board of adjustment shall make find-
ings that the requirements of each portion of this
section have been met. The board of adjustment
shall further make a finding that the reasons set
forth in the a lication justify granting of the
variance and that the vanance IS e mInImum
~ce that would make possible the reasonable
use of the lands. bui dings or other improve-
ments.
(e) The board of adjustment shall make a fur-
ther finding that the gr~ting of the variance
would be in harmony WIth the general purpose
and intent of this chapter and will not be injuri-
ous to the surioundin~ territory or otherwise
'detrimental to the public welfare.
(f) In granting any variance, the board of ad-
justment may prescribe appropriate conditions
and safeguards, to such variance, and when made
a part ofthe terms.which the variance is granted
a violation of any tenn or condition shall be
deemed a violation of this chapter and shall be
punishable as such.
(Code 1974, g 14-4)
Sec. 9-6.. Appeals from gran ting of variances.
(a) Any person, board, taxpayer, department
or bureau of the city, aggrieved by the granting of
any variance, or the failure of granting of any
variance, or by the interpretation by the board of
adjustment of this chapter may appeal the deci-
sion of the board of adjustment to the city counciL
(b) Upon the rendering of an unfavorable de-
cision .upon appeal by the city council, any person,
board, taxpayer, department or bureau of the city,
aggrieved by the granting of any variance or by
the interpretation by city officials of this chapter
may seek review through a court of record of such
finding or interpretation in the manner provided
by the laws of the state.
(Code1974, ~ 14-5)
Sec. 9-7. Enforcement and penalties.
(a) The city council or any aggrieved person
may have recourse to stich remedies in law and
equity as may be necessary to ensure compliance
~ 9-26
with the prOVIsIons. of this chapter, including
injunctive relief, to enjoin and restrain any per-
son from violating the provisions of this chapter
and any rules and regulations adopted under this
chapter, and the court may, upon proof of the
violation' of this chapter, issue such temporary
and pennanent injunctions as are necessary to
prevent the violation of this chapter.
(b) Any person violating or failing to comply
with the terms and provisions specified herein,
shall be punished, upon conviction and at the
discretion of the court, by a fine not to exceed five
hundred dollars ($500.00) or by imprisonment not
exceeding sixty (60) days, or by both fine and
imprisonment. Each day that a violation is per-
mitted to exist shall constitute a separate offense.
(Code 1974, g 14-6)
Sec. 9-8. Soil, rock, etc., removal.
(a) It. shall be unlawful for.. any person to
remove from any real property within the city any
soil, subsoil, rock, or sand without approval as
provided herein. Prior to such removal such per-
son shall file with the city manager an application
which shall include a written consent of the
owner for such removaL The city manager shall
present the application to the city coIiunission for
its approvaL If the commission approves the ap-
plication, the mayor shall issue a written pennit
for such removal.
(b) Unless such removal becomes a public nui-
sance or endangers the public health, safety or
welfare, no permit would be necess~ other than
a building permitfor the removal which would be
incident to the preparation of single-family homes
or auxiliary structures such as patios, swimming
pools or driveways.
(Code 1974, g 9-5)
Sees. 9-9--9-25. Reserved.
ARTICLE II. PROCEDURE FOR
SECURING APPROVAL OF PLANS AND
PLATS
DIVISION 1. GENERALLY
Sec. 9-26. Maps, engineering plans and plats
to be submitted in preliminary
and final form. '
Nine (9) copies oEall maps,ehgineering plans
or plats of subdivisions of any land within the city
563