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Home My WebLink About2004 10 07 Public Hearings Item A ., ,Board of Adjustment AGENDA ITEM A Consent Informational Public Hearing X Regular October 7. 2004 Meeting Mgr. 1 Dept Authorization REQUEST: The Community Development Department presents to the Board of Adjustment a variance request from 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 of the 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 October 7, 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 I, 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 ofthese 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, Bahama 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 ifit 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 ofthis 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 harmony 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. October 7, 2004 Public Hearing Item A Page 3 CHRONOLOGY: July 21,2004- Variance application and fee received by City FINDINGS: I.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, subject to meeting all of the criteria set forth for that variance (not the same variance criteria set forth for setbacks). STAFF RECOMMENDATION: Staff recommends that the BOA recommend the variance be denied. BOARD OF ADJUSTMENT ACTION: ATT ACHMENTS: A - Application & Supporting materials B - Plat C - Sections 9-3 and 9-5 of the City Code A'1"1'ALt11Vl~1~1 A CITY OF WINTER SPRINGS COMMUNITY DEVELOPMENT DEPAATM~NT 1126 STATE ROAD 434 RECEIVED WINTER SPRINGS, FL 3 Z 708 J 407-321-5967 UL 212004 FAX: 407.327 - 669 5 , CITY OF WINTER SPRINGS l. Current Planning, BOARD OF ADJUSTMENT APPLICATION .. [J SpeCIAL EXCEPTION X VARIANce o CONDITIONAL USE . 0 APPeAL OF AN ADMINISTRATive DECISION APPUCANt: _ B4(, v,5 , '" -' ~,'ck 'J or ,l1Ist Fi~t . MAILrNGADDRESS: ~35b, 30lAfh C~l. fft;e~L4e 0v l-edn I F L J>>1I0},ffi: tfer-lhy 3b~ 103 C, Staw repreSe"1fq+:~ o~ [a.vJ . Middle ,. <<-l" 3 '2 7&,S- , ;.Ip Code If Applicant does NOT own Ihe property: PROPERTY OWNER: &c.ku $ J ;Veil R, t cf7 ~(' ( H. I,....t . . f) Firsl MAILING ADDRESS: i [e E ftmtlWvt ~oaJ UJ,~-k'f 5f>r:Y?!jS 'f:L 407 C117 ~91- l/22 3 Stale Middle 3:2 70cg Zip Code PHONE: This request IlJ fQr the property dcsCT.ibed below: PROPERTY ADDRESS: illS- S. ~~.s- l(dqol J w; ~r Sp()\~s I f:L 321tJ(? l'AXPARCBLNUMBEk: 02- 2/- 30'" 581 - oBco -OOGA ' S[ZBOFPAR.CEl.: 3,0 Q(!reS Sq\Kue Feet ,\etc. Cullent FUTUll'E LAND USE Classlficatlon: R u.ral ' Re1det1f:a..1 Cum:nt ZONING Classification: . 'R C::1 Please stat~ YOUR RBQlJEST: J~e C!J{JfX'V' J.u H; fy ~'Cr'Et':?:fe.fA r-ee /tA.s Js, QCfov-t!4Mt:e WI~ .J-heS<<1c1rv,'S;Oh (!)'rJI'~tJI1Ce, "'lIVE**'R~ED 87715184.* "ISC "ISCEllANEOUS CASH RECEIPTS Date / Tile : 87/21/84 14:44 Pay.ent ~1 sotdGB8. 88 Receip.t D : 674837 ChecklCredit Card D: Clerk : dascano Paid By : BACKUS, NEIL Tho APPLICANT IS RESPONSIBLE for posnllg the bhlC notice card on the site at least seven (7) days prior to the Soard of AdjUstment MeetUtB 8t which the matter will be conslden:d. Said notice sball NOT bel posted withia tbe City rlgbt-of.wny. APPucAN'rS ate idvbed. that if they decide to lIppeal any decisions made al the meetings Qr hearings; with respect to p.ny muter considered at the meetings or bearings, tI:ley will need a record of the plOCCCd!ng1l and. for suchpurposB.\. they will need to insure thilt a verbatim record of tho proceedings 16 made, al their cost, which includes the testimony and evidence upon which the appeal i~ to be based, per 286.0105, Florida Statutes. Any vlIIiance, special exception orcoriditional use which may be granted bylhe city council ,balt expire si" (IS) monthe a.ftilf tho offectivc date ofsucb action by the dty commisskm, unless a building permit based upon 111111 incorporating the varllnc~ spec'") exception or conditional use is obtained within thO afore9aid six-U\Ol1th period. However) tbe city commission may renow such variance, spceial exception or conditional use fOr ant (I) additional pcriod oCsix (6) monlhs. provided good caust is shown and the appHcl\tlon for extension shall be ti.1ed with the board at 1Cl151 thirty (30) days prior to the expil'lllion of tho six-month period. Any renewal may be granted without public: hearing; however, a reappllcati.on fcc may be charged in an amount not to exceed the amoUl'1t of tho original appllcaUon fee. It is Intended that provl$ions contained within this $ubsectlon are to be retroactive to the extent that IIny variance, special exception' ox-conditional use previouslY' granted sball bcO()mo void if a period of time In exeeS! of twelve (12) lll.Onths shall bave lapsed, aud a building PflnnJt based upon and incorporating the variances, special B1tccplions or conditional uses has not been Issued prior to expi.utlon of such time limit. WhIter Springs Code otOrdJoane~. Section 20-8~ (h) THE-FOLLOWING ITEMS ARE TO BE SUPPL!ED WITH THIS APPLICATION: o A copy of the most rscent SURVEY of the subject property. o A copy of the lEGAL DESCRIPTION. o 11 x 17 MA~ showing ADJACENT STREETS and [J JUSTIFICATION for the Request ($00 Attached Ust) o NAMES and ADDRESSES of each property owner within 150 ft. of each property line. ' [] Notarized AUTHORIZATION of the Owner, IF the Applicant IS other than the Ownsr or Attorney for the Owner (see below). [J APPLICATION FEES: FEES aro as SHOWN BELOW plus ACnJAL COSTS ,lncun-ed for ADVERTISING I){ NOTIFICA 110N. and for mMBURBEMENT for TECHNiCAL andlor PROFESSIONAL SERVICES which may be required in connection with the review, inspection or approval of any development (based on accounting, submitted by the City's Consultant) , payable prior to approval olthl: pertltl.ent stage of development. . CONDITIONAL USB I SPECIAL EXCEPTION I GENERAL PERMIT V AlUANCE APPEAJ., OF AN ADMINtSTRA TIVE DJ~C1SION S 500 S 500 S 500 TOTAL DUe s 2 AptiI ~ :!m . " ..... ,. .... ........ ........ ***....... ..."",. ........ * ',' ........ ........ ..... .......... ...."'....... .... FOR USE WHEN APPLICANT l~ OWNER OF THE SUBJECT PROPERTY; This 1& to emif)' that I am tho Owner in fee simple or subject larllb described within thi$ AppUcation tot Board of Adjustment consideJation: SigDatuTe orOwner Swcm to'an<l subscribed before me this ~dayof --'- 20_0 Nottry Public My Comroission expires: Personally KJloWll ,l'rodu~ Identincation: (tyPO) Did take an Oath Did Not talc and Oath .*........................*.......*.............~.**................................... FOR USE WHEN APPLICANT IS NOT OWNER OF THE SUBJSCT PROPERTY: I, (]4C!r;y."j, Ale; I R. 4- Pca.,..( II. do hereby with my notar.izcd signatuTe allow La.,d Tec...h to repTtsenlme in thi$ Applic:ati.011 related to my ptOpeny. The propeJtyla identified as: Tax Porcel Numbcr(s) ()1-~ 1- 36 -5"'8I - o &:x:> , OOGA IAcated at 4/S- S.;f1.,s:s .Q...,~o;b- SpA L~ ~,~~~~<'~ ~_-!-~ Signature ofOwner(s) , " ' Swom to Md 8ub~cribcd before, me this. . R1L ~ - OlIJr day of JULy 20'.2:L. Notary Public' .... My Commissj(\n fXJ'lues: CJ@LO'J , . Per80nally Known ' V Produced 10: ('Type) r:L PL PAMEl'A BIKOWICZ Did take an Oath . Notary Public St8ft of FI Djd Not lake and Oath My comm. BXP. 88 3 orlda Comm N 0 pro t 2007 *......~...**..................*.....*.....*.............*......*~~..~.~iG9ai.......... .3 Apd\3O,~ .SE 4 .u~. 1 ....3.01 -\,-~j \ " '''-., \ '. ': \ 1,0 "", , M RD r- \ :!.I, ! 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 unit 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 relCvant Codes under which the property is zoned and each parcel or lot shall meet the engineering requirements set out elsewhere in this chapter. ht such instance, and only within the strict application Of this section, may the full provisions ohhis chapter be waived and variances granted thereto. No building permit 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 dimrict? 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 literal interpretation of the provisions of the zoning district deprive the applicant of rights commonly enjoyed by other properties. in the same zoning district and work unnecessaJY hardship on the applicant? The current classification of RC-I and future land use classification Rural Residential do, according to zoning district provisions, allow for lot sizes that are one ~re 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 currei1t1y at lea,st (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 &tares · Is the variance as requested the minimUm variance that will make possible the reasonable use of the land, building or strocture? 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. f, ,sr\u.s SL\RCll ,. R"fXl'/ lI....-ppl'\li... r ~rlil'el 11111 1'.. I'll'" :-1. :--';.H I Ii" nl I-I. J~::- I .:In '": ~ "11,~-'~ ~(ttl 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 CIty,State;ZlpCode: WINTER SPRINGS FL 32708 Property Address: Subdivision Name: NORTH ORLANDO RANCHES SEC 01 Dor: OO-VACANT RESIDENTIAL SALES Deed Date Book Page Amount Vacllmp Find Comparable Sales within this Subdivision Value Method: Market Number of Buildings: 0 Depreciated Bldg Value: $0 Depreciated EXFT Value: $0 Land Value (Market): $45,000 Land'value.Ag: ,.,. ,-$0 Just/Market Value: $45,000 Assessed Value (SOH): $45,000 Exempt Value: $0 Taxable Value: $45,000 2003 VALUE SUMMARY 2003 Tax Bill Amount: $855 2003 Taxable Value: $45,166 DOES NOT INCLUDE NON-AD VALOREM ASSESSMENTS LEGAL DESCRIPTION PLA T LAN D LEG LOT 6 (LESS BEG SW COR RUN E 325 FT N Land Assess Method Frontage Depth Land UnIts Unit Price Land Value 204.5 FT W 340.97 FT TO EL Y RNI MOSS RD SEL Y ON RIW LOT 0 0 1.000 45,000.00 $45,000 205.13 FT TO BEG) BLK B NORTH ORLANDO RANCHES SEC f PB 12 PG 3 OTE: Assessed values shown ara NOT certified values and therefore ara subject to change before being finalized for ad valorem tax urposes. ......If ou recentl urchased a homesteaded ro e ,~"'.,-'?, '(~ .'.~ : .I,.~ ~I: .1' .;:" . :.~'~,;.. "'\' ; "."" ;'\,~ '~l~ ,'+': l"~('~"'- ',::--,lv' "BACK",-, ',0 .":,, .......' ::)~ImI'ERn ,\PPR} ISER ,,; ,...' -,,-.'~ ' C01\T\Cr': :;'" <,~~': :/:'<'" ..:~ ,'> "__ :.., :-':::, <_;. ~~,aJ.~WE ,PAGE:':/';'_ '"y /':' ,~:,! ,:,,:f __:>:~', >"':,<,_,-, ;'(': Owner Name Owner Address Property JO Property Address Owner Name ' Owner Address Property 10 Property Address Owner Name Owner Address Property 10 Property Address Owner Name Owner Address Property ID Property Address Owner Name Owner Address Property 10 Property Address Owner Name Owner Address Property 10 Property Address Owner Name Owner Address Property 10 Property Address Owner Name Owner Address Property 10 Property Address Owner Name Owner Address Property ID Property Address Abutters to 02-21-30-5BI-OBOO-006A Gould-Spence Janet Trustee 101 E Panama Road Winter Springs, FL 32708 02-21-30-5BI-OCOO-0040 101 E Panama Road Winter S rings, FL 32708 ' Pagano Ross J & Sylvia L 115 E Panama Road Winter Springs, FL 32708 02-21-30-5BI-OCOO-004A 115 E Panama Road , Winter S rings, FL 32708 Jordan James D & Jacquelyne V 125 E Panama Road Winter Springs, FL 32708 02-21-30-5BI-OCOO-0030 125 E-Panama Road- ,- , -.~, Winter Springs, FL 32708 Harper Alisa D & Phillips David B 120 E Panama Road Winter Springs, FL 32708 02-21-30-5BI-OBOO-0070 120 E Panama Road Winter Springs, FL 32708 Amato Roseann 135 Bahama Road Winter Springs, FL 32708 02-21-30-5BI-OBOO-004A 135 Bahama Road WinterS rings, FL32708 Bush Mary J 125 E Bahama Road Winter Springs, FL 32708 02-21-30-5BI-OBOO-0040 125 EBahama Road Winter S rings, FL 32708 Bledsoe Marvin & Sandra & Elise M 405 S Moss Road Winter Springs, FL 32708 . 02-21-30-5BI~OBOO-0050 405 S Moss Road Winter S rin 5, FL 32708 Wiltshire Valerie 110 W Panama Road Winter Springs, FL 32708 03-21-30-5BJ-OAOO-0070 110 W Panama Road Winter S rin 5, FL 32708 . Wardley Debra B& Bennett Bruce G 5652 Jack Brack Road St. Cloud, FL 34771 03-21-30-5BJ-OAOO-0080 410 S Moss Road Winter S rin 5, FL 32708 N A ..~: ." . ,.... ./,l 'i~, ill ~~~. CITY OF WINTER SPRINGS SUBDIVISION AND PARCEL MAP March 2004 z_ :' "~"'=.--=""'::"'~~==:~':""~';', l '~''.:o:..''~.,,;,;L,=::_~:::::...~~~;;.'<:': "~'. :1 I, " I; ~" , -?'~ .~ Ii II II iI I, // " ,) / ,~-:.::., ./ /, (F'" 'I i! II )> ~ ~ > (J == ~ ~trj I.~ I~ I q.. I' '.,;.,J ;1 !j il I, , I, I, " , ....---. f' ,/ ,<> ~' no l'1li .;r;- ,,; I ,~.; ,'if It.;'''\-r~ I. ~ . .. 3.~e,.~ ,\ktJ1, 1:1" !1>"'S.$} ~ l)o..~\\&- 'l ~,lq..\'t'(Y o 3 ,\ . " ~ I' 01 , 4,O"~:'~'fl',' 4,0/ ,4c ~: ~ eO I...... - I",i ..... I I ..;' I :~o~, ~~~~_li___ _' ~'_ : B ,. 35 ,_ .. at 'A L ' ' ~.. , 1/'e' 'P7j;~/.I'Y' ~C7_'S'-:rrJi:':'/ /;f- ~ -F. "'" . ' ~ 7.,-ca3 fVlJit,chiJ ~o . - Q : ~ ~ ,;., G, "'; ""-,I 8 ,..." -<, ~"""~i .: J' _7 ~ l fie, ~,I 3,CSl.4c~: \, ~ . \"2." \.,,, , -r~ ...... ", .~.5- MA 'j r r l'2,~ ~ "/ t".': . . , , \06" . , <. of' ., 9 ~ (j a: ,r r.:8 Ae, 1:, "'ll 5 .r, ,r., -4c, c .. , . . ,.. ~I ....t:1 , I II I .\.1\ :~ ll~ \~O~ ~ ,r' - 'l) \'d'~' z ;~o ~ . .f, \' . '7~ ~ .., "! ... ~ I:: , ..J.' ~. 17 475 (':" . ).S r '3 I." - 4 o . ~ J :,0 .... ,......., ;: r. .:" CURve DATA (f) 0 Q) tl'1? - /929,94' -,~-/4 32. 40 '- 593,97 b..: > '.' V):tn ~ V) ~~ ,> ~ ~ '\J .... ~~ - \ : -=-- :" 3 Iq i ...." "~_ qr' lS a; ,~/Q ..... - :~... '-:,', ,/1 " ';-0 ~ . tv :" ,~ '\0.\/ " / - 2 ~ ~ ..! Q .5 Ac, /' , ' Z I 4r .? : 2.1 ~c ,Q i~ \" , ~ nr- ~ 3, r' 7 1 ,. ' : Il' fJ ,,~~-,,-~ - J- I: ~'(l~iu. ! ~ ~e ~~~ll '.,; J..- d -/.;" \~! ,', ; . 8 .. I~ <, '" '.3 - r ~ ,- .. ,-'J,' .~.~ '-'.~/'~,..J:" . 1-1 , ;", " 9" "A: ,qt', -'r ."\ " ,'(; 't Il\ ~ ..., ..' , , ' .J..."I "',Q \('1'0 ';.1,.\ RO~ ,,' \toS 4,<:';':; (. '"1C; ...... 0., ~, ,~ '-.' , :,' Ii(; ...! ~ :'> lJ , , ." , D Uf " " :', <A, "c..s,., _ -'.'1':'5,2-' ,;' ~~. '7 ,Ir 'n" ,,.,,. '. ,t.: ,",:,::,-,,'~ .::/ ..1ra/.Q /),1','\":1'1 /.lr?'-,I,. ~/,.: .()~G/r lie.--': (~-'7. /.Inq..: ,""4.,' 5~rrll'''J<,l~ ......Of.ll/y Rcc:,"r, '.'S , ,to ,vff'1 ~, ~c.. \.l P ,q,M. 7 \ -<', \ \. Q, JOE C ,,<:7 r (1) .. ? f8G, oj' ~_,.r'A'''''''''' //1"/)/)'/V," .r , i ATTACHMENT C A 9.1 WINTl!JR SPRINGS CODE ' tract of land, whether improved or unimproved, into three (3) o~ 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. 7ree preservation, see section 5-l. (Code 1974-, ~ 14-1). Sec. 9-2. Sme of 'J1onplatted property. No owner of real property being a subdivision as defined in th;is 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 propo'se'd' to b.e sold prepared' by a registered el.1rVeyi)r except as provided in section . 9-3. Befor.e such plat shall be recorded, it shall be ~pproved in accordance with the specific provi- ,- 's1'ons of this chapter and F.B.' <)h. 177. No permit shall be issued for 'the construction of any build- iilg or for an electrical hookup on any lot sold in violation of this section. (Code 1974, ~ i4.3) ~ec.9-S. Dividing platted property. An owner of a single lot of 'sufficient size, , except in, a platted area of a planned unit devel- ' opment, may, With,prior approval of the city commission, divide an orilrinallv platted sinlde lot once into no more than two (2): parcels or lots. An owp.er ,Qfa;.lot which baa' been ' divider;l shall ,not be, . . . . ,.. . . . '. . ,~' '. . . . granted ',apprQval :for a, raplat which woul,d result in dividing the ori~nally:, platted, single lot into , more than two (2) parcels or lots; Each parcel or , lot' so divid~d, ahaU in every respectineet the critana establi&hed"~lsewJiere in this Code for the category of zoning and other relevant Codes un- der .which the pl:operty is zoned and, each par{;elor lot shall meet' the engineering requi~ement8' $et out elsewhere iIi 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, WaUlr, sewer, or drainage structures are involved, appli~ cation for, approval of preliminary or final subdi- vision plans may be waived provided, however, ' that .8 j>~at;,that c~ be re:01'ded of th? proposed subdi~sJon shall be subIll1tted for reVIew by the city staff.' The recominendation of the city staff shall be subject to approval by the city commis- sion. The purp~e of this approval is to ensure that the proposed subdivision conforms to appli- cable requirements of the subdivision regulations. '. (Code 1974, '~ 14-3.2) Sec. 9.5. Variances. (c) Before any variance shall be granted, a public hearing on the proposed variance shall ,be, held by the board of adjus~ent. Notice of such' public hearing shall be publishedfiftee'n (15) days . prior '~o the hearing in a newspaper of general circulation in the comity. Such notice shall also tJe posted fifteen (15) days prior'-to the hearing in three (3) separate places in the city, and be mailed 562 .10 .. , 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 flnding that the reasons set forth in the a lication justify granting of the variance and 'that the vanance IS e mmunum ariance that w"ouldmake possible the reasonable use of the land 1 n s or other improve- ments. (e) The boar<i of adjustment shall make a fur- , ther finding that the gr~ting of the variance would be in harmony With tne,general purpose and intent of this chanter and will not be inimi- ous to the surioundin~ territory or otherwise 'detrimental to the public welfare. (1) In granting any variance, the board of ad- justment may prescribe appropriate conditions and safeguards, to such variance, and when made a part of the 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, 9 14-4) Sec. 9-~. Appeals from granting of variances. (a) Any person, board, taxpayer, department or bureau ofthe 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 unfavor~ble 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 stich finding or interpretation in 'the maimer provided by the laws ofthe state. (Code '1974, ~ 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 maybe necessary to enSure compliance A 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 regulation!,! adopted \lOder this chapter, and the court may, upon proof of the. violation' of this chapter, issue' such temporary and permanent 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 'ex,ceed 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 separ~te offense. "(Code 1974:- ~'14~()f- , Sec. 9.8. Soil, rock, etc., removal. (a) It' shall be unlawful for, any person to remove from any real property w,ithin the city any soil,subsoil, rock, or sand without approval as provided herein...Prior to such ~moval 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' commission 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 bei1.ecess~ otherthail a building permit for 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, ~ 9-5) Secs. 9..9--9.25. Reserved. ARTICLE II. PROCEDURE FOR SECURING APPROVAL OF PLANS AND PLATS DMSION 1. GENERALLY 'Sec. 9-26. Maps, engineering,plans and plats to be submitted hi preliminary , and final form. ' Nine (9) copies orall maps, engineering plans or plats of subdivisions of any land within the city. 563