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HomeMy WebLinkAbout2005 07 21 Consent 200 CITY OF WINTER SPRINGS, FLORIDA MINUTES BOARD OF ADJUSTMENT REGULAR MEETING JULY 21, 2005 CALL TO ORDER The Board of Adjustment Regular Meeting of Thursday, July 21, 2005 was called to order at 7:04 p.m. by Chairman Thomas Waters in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Chairman Thomas Waters, present Vice Chairman Jack Taylor, present Board Member Linda Collins, present Board Member Kathryn Fairchild, present Board Member Howard Casman, present Board Member Linda Collins led the Pledge of Allegiance. PUBLIC INPUT No one spoke. CONSENT AGENDA CONSENT 200. Office Of The City Clerk Approval Of The June 2, 2005 Regular Meeting Minutes. nd Chairman Waters said, “First – is the Approval of the Minutes for the June 2, [2005] Meeting?” “I MAKE A MOTION TO APPROVE.” MOTION BY VICE CHAIRMAN TAYLOR. SECONDED BY BOARD MEMBER CASMAN. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES BOARD OF ADJUSTMENT REGULAR MEETING – JULY 21, 2005 PAGE 2 OF 7 VOTE: VICE CHAIRMAN TAYLOR: AYE CHAIRMAN WATERS: AYE BOARD MEMBER COLLINS: AYE BOARD MEMBER FAIRCHILD: AYE BOARD MEMBER CASMAN: AYE MOTION CARRIED. PUBLIC HEARINGS AGENDA PUBLIC HEARINGS 400.Community Development Department Recommends The BOA (Board Of Adjustment) Hear The Request For A Waiver From Section 6-86., By Way Of Subsection 20-354. (d) (7), Of The City Code Of Ordinances, To Allow An Addition To An Existing Residence At 759 N. (North) Gretna Court (Lot 8, The Highlands Section 8, As Recorded In Plat Book 19, Page 44). Mr. John Baker, AICP, Senior Planner, Community Development Department presented this Agenda Item and stated, “There’s three (3) – mistakes on the front. This Lot is in Lot 8, the Highlands Section 4, and I have Section 8. The first sentence under PURPOSE ‘’, I have the wrong name the Applicant is [Mr.] Jon Freda which you see throughout the rest of the report.” Mr. Baker added, “And then finally, under PURPOSE ‘’, I have that the house appears to have been constructed in the 1990’s. The Applicant has informed me that the house was indeed constructed in 1977.” Mr. Baker said, “We recommend approval of this Setback Waiver since we do believe it meets the six (6) Criteria. We note that the Applicant has provided documentation from the Highlands Homeowner’s Association with the approval subject to the City’s approval of the Waiver request.” “IT SEEMS THAT THEY MEET ALL SIX (6) CRITERIA. THEY GOT THE APPROVAL OF THE HIGHLANDS HOMEOWNER’S ASSOCIATION. THERE IS NO ONE HERE – SEEMS TO BE AGAINST IT – I CERTAINLY GO FOR APPROVAL.” MOTION BY BOARD MEMBER CASMAN. SECONDED BY VICE CHAIRMAN TAYLOR. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES BOARD OF ADJUSTMENT REGULAR MEETING – JULY 21, 2005 PAGE 3 OF 7 VOTE: BOARD MEMBER CASMAN: AYE CHAIRMAN WATERS: AYE BOARD MEMBER COLLINS: AYE BOARD MEMBER FAIRCHILD: AYE VICE CHAIRMAN TAYLOR: AYE MOTION CARRIED. nd Mr. Baker said, “We are planning on this going to the August 22, [2005] City Commission Meeting.” PUBLIC HEARINGS 401. Community Development Department Requests The Board Of Adjustment Consider A Waiver Request By Mansour “Max” Sabeti, Of Metropolis Homes, From Subsection 20-234. (4) To Allow Him To Proceed With Plans To Construct Residential Condominium Units On 9.1 Acres Within The C-1 Zoning District (Site Is Behind The Bank Of America, With Frontage On Both SR (State Road) 434 And Moss Road) Without Providing The Requisite 2 (Two) Garaged Automobile Parking Spaces For Each Unit. With discussion, Mr. Baker said, “There appears to be three (3) options available if the Waiver goes through, that creates one for Mr. [Max] Sabeti. If it is turned down, he may request to have the property rezoned to Multi-Family, where there is no such requirement. And then his other option appears to be to change the Code to amend that Section of the Chapter 20 dealing with ‘C-1 Zoning’.” Mr. Baker discussed this Agenda Item and stated that “Criteria number five (5) is the one we feel he falls short on.” Mr. Baker added, “We said, please try to show how you can meet this.” Discussion. Mr. Baker referenced Section 9-277. (3), page 586 of the City Code addressing “Off- street parking requirements.” Mr. Max Sabeti, President, Metropolis Homes, 128 East Colonial Drive, Orlando, Florida: spoke to the Board Members about his request for a Waiver and said, “As Mr. Baker indicates, unbeknownst to us, a few months later, there was a change in the parking space requirements.” Mr. Sabeti stated, “In anticipation of a potential approval over the course of the past year, we proceeded to get our condominium documents approved and it has been approved with the Site Plan that we have submitted.” Mr. Sabeti added, “We have made headways with St. John’s [River] Water Management CITY OF WINTER SPRINGS, FLORIDA MINUTES BOARD OF ADJUSTMENT REGULAR MEETING – JULY 21, 2005 PAGE 4 OF 7 [District]; we have submitted the Plans to them and we were able to get some comments back.” Regarding the Site, Mr. Sabeti said, “We tried to provide a community feeling for this project – saving some of the trees that are on the north side and on the east side so that it would indeed provide a good resale for this community. We feel that the position for a two (2) car garage for these units is indeed, a little bit illogical from this perspective.” Mr. Sabeti added, “Having a two (2) car garage does not seem to be really necessary and from a marketing standpoint and a housing type of standpoint, somewhat illogical to provide. It is impossible from the standpoint that if you provide two (2) car garages for all the units, according to the way the Code is set up, we do not need to do anything beyond that, in other words, there is not going to be any additional parking that would be available – for guests.” Mr. Sabeti noted, “Our Site does not certainly accommodate or could accommodate additional open parking spaces. So, it kind of makes it impossible for us to accommodate all that needs to be done from the standpoint of the realistic practical living in a community such as this one. And not having this additional open space on – because you are providing an enclosed parking space, kind of makes it an impossible situation for the visitors to park in the complex and we certainly do not have the room to do that.” Mr. Sabeti added, “It is impractical because if a family has one (1) car and has a two (2) car garage – space that is provided is not going to be used and it is not going to be needed – and therefore, makes it for an impractical situation.” With reference to two (2) car garages, Mr. Sabeti added that it “Provides corridors that block views and would block the buildings as they are in a way that would not be very helpful for the looks and aesthetic beauty of the community.” Mr. Sabeti said, “The type of housing is not really in sync – what is needed and what is appropriate for the condominiums of this type and really, we do not provide a benefit by having the two (2) car garages.” In regard to item number (5) of Section 20-34. (d), Mr. Sabeti spoke to the City Attorney Anthony A. Garganese for clarification of this Item. In discussing carports, Mr. Sabeti said, “It allows for them to also have some storage but forces them to use that space for parking their cars and, therefore, would be a better solution than a single car garage in this type of a condominium type of a setting.” Mr. Sabeti added, “The type of a carport that we have – would indeed be much more suitable for units that are the size that these are, one thousand (1,000) to twelve hundred (1,200) square feet with a three (3) stacked condominium type of a setting.” Mr. Sabeti displayed photographs and the Site plan. Tape 1/Side B CITY OF WINTER SPRINGS, FLORIDA MINUTES BOARD OF ADJUSTMENT REGULAR MEETING – JULY 21, 2005 PAGE 5 OF 7 With discussion on the Site Plan, Mr. Sabeti said, “This Plan has not been resubmitted back to the City yet, but there was not enough of - storage for cars and our Engineer has made a change to accommodate a couple of cars.” Mr. Sabeti said, “In conclusion – the four (4) Items of the impracticality and illogicality and unreasonableness and impossibility - do apply in this type of a situation with the complex that we have proposed, and we feel that provision of the one (1) carport per unit and then providing the rest of them as open spaces indeed is the best that we can do to accommodate the item that is in the [City] Code, and we respectfully request for your approval of the Waiver Request.” Chairman Waters asked Mr. Sabeti, “How many total spaces will you have per unit – one (1) covered and one (1) open per unit?” Mr. Sabeti said, “That’s correct.” Mr. Sabeti added, “There [are] eighty-four units (84) and - about one hundred and sixty-eight (168) spaces that are provided.” Chairman Waters asked, “How much are these going to sell for?” Mr. Sabeti said, “The two (2) bedroom units would probably – around one hundred and eighty thousand dollars ($180,000.00) and the three (3) bedroom units - one hundred and ninety thousand [dollars] to one hundred and ninety five thousand [dollars] ($190,000.00 to $195,000.00).” Board Member Howard Casman asked, “How many of the eighty-four (84) units - will be owner occupied?” Mr. Sabeti said, “If I were to be selling them today, I would say - zero (0) investors.” Discussion ensued. With further discussion, Mr. Sabeti said, “The Staff wanted to send me in a direction where we would not have gates and I think in the long run that might be a feasible thing but I insisted that without gates we are not going to have a viable project.” Mr. Sabeti added, “Having it ‘Walled’ was important to us and having it ‘Gated’ was important and also providing the type of amenities with the fountain and the fitness center and the fitness path and so on, all kind of went together and we are also providing the buffer – you asked the question regarding the wetlands to the north that we have preserved in order to provide an additional buffer.” Mr. Sabeti said, “We are hoping that we can stay positive and move forward with a Waiver – City Commission, and go with what is marketable and would work. If it does not work, then we really need to go back and see what our options are potentially take the two (2) other options that you thought of and also Mr. Baker - see where we go. But, I think that making them all two (2) car garages is probably not the approach that we will take.” CITY OF WINTER SPRINGS, FLORIDA MINUTES BOARD OF ADJUSTMENT REGULAR MEETING – JULY 21, 2005 PAGE 6 OF 7 Chairman Waters asked, “Would you go for one (1) garage per facility?” Mr. Sabeti said, “It is certainly possible to do that, if your recommendation is going to be that. It would not require a major site plan change for us. And, we certainly can do that. It is not our preference to do that but if that is – could potentially be plausible to do, because it would not take any more space, we can move forward with the project as we have it and move on.” Chairman Waters asked Mr. Sabeti, “Would Metropolis [Homes] manage this or will you sell it to someone else to manage?” Mr. Sabeti said, “No. We are just going to sell the individual condominium units and provide the warranties to the individual unit owners and we have a management company that is going to be doing the management of the condominium complex.” Board Member Kathryn Fairchild asked, “Will you eventually turn it over to the homeowners…?” Mr. Sabeti said, “…Absolutely. There are provisions in our condominium documents that they would be turned over.” Discussion ensued on an Ordinance for condominiums. Vice Chairman Jack Taylor said, “I believe he [Mr. Sabeti] has met the minimum Criteria with his proposal.” Discussion. Vice Chairman Taylor added, “We need to look at - the condo [minium] use and come up with an Ordinance that regulates the condo [minium] use.” Board Member Fairchild said, “I agree.” “I MAKE A MOTION TO APPROVE THE SUBJECT WAIVER REQUEST PROVIDING THAT THE APPLICANT PROVIDES ONE (1) COVERED PARKING SPACE AND ONE (1) OPEN PARKING SPACE AS PROPOSED TO THE BOARD OF ADJUSTMENT ON TODAY’S DATE (JULY 21, 2005) PER RESIDENTIAL UNIT FOR THE PROPOSED EIGHTY-FOUR (84) UNITS.” MOTION BY VICE CHAIRMAN TAYLOR. SECONDED BY BOARD MEMBER FAIRCHILD. DISCUSSION. VOTE: BOARD MEMBER FAIRCHILD: AYE CHAIRMAN WATERS: NAY BOARD MEMBER COLLINS: AYE BOARD MEMBER CASMAN: NAY VICE CHAIRMAN TAYLOR: AYE MOTION CARRIED. CITY OF WINTER SPRINGS, FLORIDA MINUTES BOARD OF ADJUSTMENT REGULAR MEETING – JULY 21, 2005 PAGE 7 OF 7 600.REPORTS For clarification on a previous “Recommendation” procedure, Vice Chairman Taylor said, “Could we put also in tonight’s Minutes that we need answers to these two (2) questions that did not get answered tonight from the last Meeting we had.” Mr. Baker said, “I will get those in the mail to you this week.” Discussion ensued on Robert’s Rules of Order and other previous Agenda Items. Further discussion ensued on “Waiver Application” fees. FUTURE AGENDA ITEMS None were noted. ADJOURNMENT “I MAKE A MOTION WE ADJOURN.” MOTION BY VICE CHAIRMAN TAYLOR. SECONDED BY BOARD MEMBER FAIRCHILD. DISCUSSION. WITH CONSENSUS OF THE BOARD THE MOTION WAS APPROVED. MOTION CARRIED. Chairman Waters adjourned the Meeting at approximately 8:32 p.m. RESPECTFULLY SUBMITTED: JOAN L. BROWN DEPUTY CITY CLERK _______________________________ DEBBIE FRANKLIN DEPUTY CITY CLERK APPROVED: ________________________________ THOMAS WATERS CHAIRMAN, BOARD OF ADJUSTMENT CITY OF WINTER SPRINGS, FLORIDA MINUTES BOARD OF ADJUSTMENT REGULAR MEETING – JULY 21, 2005 PAGE 8 OF 7 NOTE: These Minutes were approved at the October 6, 2005 Regular Board of Adjustment Meeting.