HomeMy WebLinkAbout2006 10 05 Public Hearing 200 Dunmar Circle
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BOARD OF ADJUSTMENT
AGENDA
ITEM
200
Consent
Informational
Public Hearing X
Regular
October 5,2006
Meeting
MGR.
/DEPT.
REQUEST: The Community Development Department recommends the Board of
Adjustment hear a request for a Conditional Use within the City of Winter Springs RC-I
zoning District (Residential Rural FLU designation), to allow an approximately 3,080
square foot detached accessory structure on approximately 8.4 acres at 630 Dunmar
Circle.
PURPOSE: The purpose of this agenda item is to consider the appropriateness of the
proposed 3rd detached accessory structure (an approximately 3,080 SF barn), pursuant to
the criteria set forth in Section 6-84 of the City Code of Ordinances to allow a 3rd
detached accessory building at 630 Dunmar Circle. Section 6-84 allows a maximum of
2 detached accessory structures and a maximum size of 240 SF each. However, for
those properties within the Residential Rural Future Land Use (FLU) designation, a
conditional use may authorize variation of the number, height, and size
requirements, subject to the specific criteria in Subsection 6-84 (3).
APPLICABLE LAW AND PUBLIC POLICY:
Sec. 6 - 84. Accessory buildings.
Cht. 20, Section 20-33. Conditional Uses
Cht. 20, Div. 3: RC-I Single-Family Dwelling District (Sec. 20 -141 thru 20 -147).
CONSIDERATIONS: The applicant, Dr. Patterson Moseley, has an existing 2-
story home and 2 existing detached accessory structures on approximately 8.4 acres at
630 Dunmar Circle. The site is located within Dunmar, a private gated community with
large lots and a semi-rural lifestyle. It has a Rustic Residential Future Land Use
designation and RC-I zoning. The applicable building setbacks are as follows: front-
50', side - 20', and rear 35'. The maximum building height allowed is 35' and the
maximum lot coverage is 20 percent.
October 5, 2006
Public Hearing 200
Page 2 of3
The proposed detached barn is approximately 3,080 SF (51' 4" x 60'); is comprised ofa
2,224 SF open garage and an enclosed 856 SF trailer storage area; and will be located
within 28 feet of the side property boundary and 200 feet from the rear property
boundary. The barn is proposed with a total height of25' 4" to the ridge of the roof.
The 2 existing detached accessory structures are comprised of a 277 SF wood storage
building and a 2,304 SF concrete block stable. The applicant owns the property and
house on the adjacent property to the rear (west) of this lot.
The applicant must to provide evidence that the proposed structure meets the criteria set
forth in Subsection 6-84 (3) of the City Code as well as the conditional use criteria in
Section 20-33. The attached application includes the applicant's responses to the Section
20-33 criteria. Staff has not yet received the requisite information demonstrating (1) how
the proposed structure is compatible and harmonious with the principal structure and
surrounding land uses and structures and (2) that the height of the proposed accessory
structure does not exceed the height of the principal structure.
FINDINGS:
1. The request is consistent with all applicable goals, objectives and policies of the City's
adopted Comprehensive Plan.
2. The site has a Residential Rural FLU designation and the applicant has submitted a
plot plan and architectural rendering.
3. The request is in conformance with the purpose and intent of Subsection 6-84 (f) (3)of
the City Code, and with all applicable requirements, subject to the applicant
demonstrating compliance with "a" (compatible and harmonious with the principal
structure and surrounding land uses and structures) and "d" (proposed height does
not exceed that of the principal structure), below:
a. The proposed accessory building is compatible and harmonious with the
principal structure and the surrounding land uses and structures. Applicant to
demonstrate.
b. The proposed accessory building will not adversely impact land use activities
in the immediate vicinity. Staff believes that the proposed barn will not
adversely affect surrounding land use activities.
S:\dept - Community Development\Planning\2006\Bd of Adjustment\100506 BOA PH 200 Moseley Barn
CU.doc
October 5, 2006
Public Hearing 200
Page 3 of3
c. The height of the proposed accessory building does not exceed the height of
the principal structure. Applicant to demonstrate.
d. The accessory building shall meet the requirements of the applicable zoning
district including setback and maximum lot coverage. Meets these
requirements.
The applicant must demonstrate these outstanding Section 6-84 requirements for
staff to recommend approval.
4. Pursuant to Section 20-33 of the City Code, "all conditional use recommendations and
final decisions shall be based on the following criteria to the extent applicable:
a) Whether the applicant has demonstrated the conditional use, including
its proposed scale and intensity, traffic-generated characteristics, and
off-site impacts, is compatible and harmonious with adjacent land uses,
and will not adversely impact land use activities in the immediate
vicinity."
Staff believes the barn at this location will not have a negative impact,
subject to demonstrating compatibility and harmony, pursuant to
Subsection 6-84 (t)(3), above.
b) "Whether the applicant has demonstrated the size and shape of the site,
the proposed access and internal circulation, and the design
enhancements to be adequate to accommodate the proposed scale and
intensity of the conditional use requested. The site shall be of sufficient
size to accommodate design amenities such as screening, buffers,
landscaping, open space, off-street parking, and similar site plan
improvements needed to mitigate against potential adverse impacts of
the proposed use."
Staff believes that the size and shape of the site can accommodate a
combination of the existing home and 3 detached accessory structures.
c) "Whether the proposed use will have an adverse impact on the local
economy, including governmental fiscal impact, employment, and property
values."
S:\dept _ Community Development\Planning\2006\Bd of Adj ustment\ 1 00506 BOA PH 200 Moseley Barn
CD.doc
October 5, 2006
Public Hearing 200
Page 4 of3
Staff believes that this proposed use will have a positive impact on the
local economy, employment, and property values.
d) "Whether the proposed use will have an adverse impact on the natural
environment, including air~ water, and noise pollution~ vegetation and
wildlife~ open space, noxious and desirable vegetation, and flood hazards."
Staff believes that the proposed use will not have an adverse impact on
the natural environment.
e) "Whether the proposed use will have an adverse impact on historic,
scenic, and cultural resources, including views and vistas, and loss or
degradation of cultural and historic resources."
Staff does not believe that the proposed use will have or create any of
these adverse impacts.
t) "Whether the proposed use will have an adverse impact on public
services, including water, sewer, surface water management, police, fire,
parks and recreation, streets, public transportation, marina and waterways,
and bicycle and pedestrian facilities."
Staff does not believe that the proposed use will have or create any of
these adverse impacts.
g) "Whether the proposed use will have an adverse impact on housing and
social conditions, including variety of housing unit types and prices, and
neighborhood quality."
Staff does not believe that the proposed use will have or create any of
these adverse impacts.
RECOMMENDATION: Staff recommends the BOA recommend approval, subject
to the applicant demonstrating that (1) the proposed structure is compatible and in
harmony with the existing principal structure and with the surrounding land uses and
structures and (2) the proposed height (25' 4" to the ridge of the root) does not exceed
that of the 2 story home on the site. Staff will consult the City Attorney, as to whether or
not a "unity of title" is necessary.
S:\dept _ Community Development\Planning\2006\Bd of Adjustment\100506 BOA PH 200 Moseley Barn
CD.doc
October 5, 2006
Public Hearing 200
Page 5 of3
ATTACHMENTS:
A. Location Map
B. Section 6-84
C. Application package, including reduced size copy of plat plan and rendering
S:\dept - Community Development\Planning\2006\Bd of Adjustment\100506 BOA PH 200 Moseley Barn
CD.doc
ATTACHMENT A
Continued Pg 2619
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NOTES:
Municipal Address Map Book
PRINTED; REVISED:
Apr 2005 1:
City of Winter Springs, FL
o 200
---.....-
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. Feel
2:
PAGE LOCATION KEY MAP W1Tt11 & 2 MILE RADIUS RINGS
3'
ap
Page
Developed By: Southear/em Surveying <I Mapping Corp.
2627
ATTACHMENT B
BUILDINGS AND BUILDING REGULATIONS
(b) Height and size restrictions. The maximum
height shall be twelve (12) feet measured from
ground level. The maximum size of any structure
shall be two hundred forty (240) square feet.
(c) Location. All accessory buildings shall be
located to the rear of the existing buildings line.
(d) Permits. A building permit shall be re-
quired before construction or placement can take
place. No accessory building shall be permitted
prior to construction of the principal building.
(e) Setback requirements. When an accessory
building is attached to a principal structure by a
breezeway, passage or otherwise, it shall become
a part of the principal structure and shall be
subject to the required setbacks of the principal
structure.
(1) Comer setback-On all comer lots the
minimum open sideyard setback shall be
that of the principal building.
(2) Rear yard setback-Shall be a minimum
of six (6) feet.
(3) Side yard setback-Shall be that of the lot
on which the building is to be located.
(4) Easements-If an easement on the lot
where the building is to be located is
greater than that addressed above, then
the easement size shall prevail. No build-
ing shall be constructed Or placed on an
easement.
~
(0 Upon application filed with the city, the city
commission may vary the number, height, "and
size requirements set forth in this section or
approve an accessory building on an adjacent lot
by conditional use permit under the following
conditions:
(1) The subject property has a residential
rural future land use map designation
~ the city's comprehensive plan.
(2) The applicant submits for review and
consideration a detailed architectural ren-
dering of the proposed accessory building
and a plot plan drawn to scale.
Supp. No.6
~ 6-85
(3) The city commission finds that:
a. The proposed accessory building is
compatible and harmonious with the
principal structure and the surround-
ing land uses and structures;
. b. The proposed accessory building will
not adversely impact land use activ-
ities in the immediate vicinity;
c. The height of the proposed accessory
building does not exceed the. height
of the principal structure; and
d. The accessory building shall meet
the requirements of the applicable
zoning district including setback and
maximum lot coverage.
(4) An accessory building may be constructed
on a lot adjacent to the lot on which the
principal building is located under the
following conditions:
a. The conditions set forth in subsec-
tions (1), (2), and (3) are satisfied.
b. Alegal instrument reasonably accept-
able to the city is recorded in the
public records of Seminole County
that provides that the principal build-
ing lot and the adjacent lot are uni-
fied under common ownership and
that in the event said ownership is
ever separated, the accessory build-
ing shall be removed or a principal
building shall be constructed on the
adjacent lot within one (1) year from
the date the lots are separated.
(Code 1974, ~ 5-10; Ord. No. 460, ~ 1, 6-26-89;
Ord. No. 2003-02, ~ 2, 4-28-03)
,
Sec. 6.85. Screen enclosures.
(a) Definition. For purposes of this section, the
term "screen enclosure II shall mean an enclosure
consisting entirely of screen mesh, except for
minimum essential structural framework re-
quired for its support.
(b) Mesh; load requirements. Mesh sizes shall
not be smaller than twenty (20) by twenty (20)
threads per inch, nor larger than eighteen (18)
threads by fourteen (14) threads per inch. Design
computations ~d construction details of screen
378.1
86/26/2e86 17:24
ATTACHMENT C
4813274155 WINTER SPRINGS SLOG
PAGE 83/B7
CITY OF WINTER SPRINGS
COMMUNITY DEVELOPMENT OEPARTM ENT
11%' 81' A'IE ROAD 43"
WINTER SPRINGS~ FL 31708
407-327-5966
FAX:401-3 27-6695
RECEIVED
A"r, 2 5 2006
CITY OF, WINTER SPRINGS
Permitting & Ucensing
BOARD OF ADJUSTMENT APPLICATION
)( CONDITIONAL USE I SPECIAL EXCEPTION
[J VARIANCE
[J WAIVER
APPUCANT:
MAIliNG ADDRESS:
PHONE '" EMAIl
}Jo~CC5'1 I'~AJ
Lact fir1J
10 50 )) tJ ).) M k/? & J2 eu:;
it) I AJ rJ&fl sy',.(/;()&oJ' /': (.,~ "52- 7t:>?'
City ~'* 'la::!. Zip Code ~
'ttJ7 -1f?C)q - CO 5': ~broo~ . ~
L06/~fjr61<.
tot l!ldle
If ApplieaDt does NOT own the property:
PROPERTY OWNER.:
MA.lL1NCi ADDRESS:
PHONE & EMAIL
...
FiliI
Middle
Cit7
S~C
Zip Code
This feqUC.11 is for the real property c1escn"bcd below:
PROPERTY ADDRESS: ~ ~O /ltJ.l..)hI/R
r AX PARCEL NUMBF..R.:
SIZE Of 1 ARCEL:
EXISTING LAND USE:
e/~C.,G t}/~~.
<l. ~ dC'~~
ACR$
~aa...F~
Current FU1URE LAND USE Clulification:
Current ZONING Cll$$ification:
Plcue swc YOUR REQUEST:
..m. ;}3/d~ d ~ ~
r."d
7 J tlL -v179- J 017
6[{;itt~C~~~'i Springs rHSC
City of Wint~gs MIse
HISCE~lANEOUS CASH RECEIPTS
Date ! Time . 08 ')0
PaY~ent : 1~IID6 15:17
Receipt # . $5fJO.oa
Check/Credit- r. : 1154836
Clerk - ~'lrd H: 1578
Phd By : (jascano
OUI 'JlSUO~ uBlUjjnB)l 7 : ~lcI/lIBrQO.ltI..L-/nr
86/26/2006 17:24
4073274755
WINTER SPRINGS BLDG
PAGE eo/En
CONDITIONAL USE PERMIT REQUEST
Taken from Winter Springs Code or Ordinances, Section 20.33(cI}:
All Conditional Use recommendations and final decisions shall be based on the
following criteria to the extent applicable. Attach additional paper as necessary:
o What is the Conditional Use you are requesllng?
a Will the Conditional Use adversely impact land use activities in the Immediate
vicinity? If no, why not? ~- . ~-/ V"7 AP) f
f j/
d~ ~P?~~ ~
o Demonstrate how the size and shape of the site, the proposed access and
internal circulation, and the design enhancements are adequate to accommodate
the proposed scale and Intensity of the conditional use requested. The site shall
be of sufficient size to accommodate design amenities such as screening buffers,
landscaping, open space, off-street parking, and other similar site plan
Improvements needed to mitigate against po ial adv rse Impl:.cls of the
proposed use.
".
8
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aUI . JlSuo,", ueumne\l '7
don:ln an II Inr
e6/26/1BB6 17:24
4873274755
WINTER SPRINGS BLDG
PAGE 87/87
o Will the proposed use have an adverse impad on the local economy,
including governmental fiscal impact, emplo ~nt, and property_values? If no,
why not?
o WiIIlhe proposed use have an adverse impact on natural environment,
including air, water, and noise pollution, vegetation and wildlife. open ~
no~;~~~?Ei:~~~
. .
o Will the proposed use have an adverse fmpad on historic, scenic and cultural
resources, including views and vistas. and loss or degradation of cult ral nd
historic resou s? If no, why not? -
I
Cl Will the proposed use have an adverse impact on public services, incrudlng
water, sewer, surface water management. pollee, fife, parks and recreation.
streets, public transportation, marina and terwa~, and bicycle and pede
facilities? If no, why not? .
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OUI 'JlSUO~ UBWWlB)I '2
deo: ~o 90 ~ ~ I",.
66/2612B86 17:24
4B73274755
WINTER SPRII'kiS BLDG
PAGE aS/Eli
'8y ~bmittlllg thb 1l'Pli~on )'0\1 hadJy gant tanpcrary riibt of entry lor c:ity offidlls to en=- U(lt'n the ,ubject
JIftlPMY for JMp\l#.8 err evaluatil\llhif applic:arian.
.................................................,...................................~
FOR use WHEN APPLICANT IS OWNER OF THE SUBJECT REAl PROPERTY:
Sworn to and lubscribe4 \)e{':tc this
.(l S cia)' of -A.... l ~ II 20.QQ..
x
Persona.Uy Known
Produced Identification:
(Type) FL DL Nt -:J'Io& 7q l/7 4450
Djd take an Oath
Did Not lake aud Oath
......................................,...............................................
FOR USE WHEN APPLICANT IS NOT OWNER OF THE SUBJECT REAL PROPI!!RTY:
1,
do hereby, with my notarized signaturo, allow
10 represent me in this Ap.plication related 10 my propert)l. The
property is idcntiGod.: Tax Parcel Number(.)
Located At
Signatun: of Owncr{s)
Sworn to and l'l.J~cribed before me thi~
day of 20_.
Notuy Public
My Commission expires:
pcnonaUy Known
P.roduud ID: ("I'Ype)
Did take III Oatb
Did Not 1ake and Oath
..................................................................................,...
3
Madl2IXl5
c'd
7 Ii. I -trl7O- J ()b
OUl 'nsuo~ ueUJunB\l 7
dQn:ln on II Inr
RECEIVED
Allr, 2 5 2006
CITY OF WINTER SPRINGS
Permitting & licensing
;orJ1l!- j;4t;/D /(tw~~ - & yrr JP'.#A'4;( C~~
~lJ>rf WAY (5// ~ - ~~l .J 1/,4/~#'2 &~c~
1j)bS(
W/2111
POuJ6t- U;1Jc
1f;OIAJ ~#,1~C- ,.tb IIJf,fas / (j:tfof6tfTy yeoJ
17 fte~cS
RECEIVED
AliA 2 5 2008
CITY OF, VYINTER SPRINGS
Parmltllng & Licensing
The APPLICANT IS RESPONSIBLE for posting the blue notice card (provided by the City) on the site at
least SEVEN (7) DAYS prior to the Board of Adjustment Meeting at which the matter will be considered.
Said notice shall NOT be posted within the City right-of-way. All APPLICANTS shall be afforded minimal
due process as required by law, including the right to receive notice, be heard, present evidence, cross-
examine witnesses, and be represented by a duly authorized representative.
The CITY COMMISSION shall render all fmal decisions regarding variances, conditional uses and waivers
and may impose reasonable conditions on any approved variance, conditional use or waiver to the extent
deemed necessary and relevant to ensure compliance with applicable criteria and other applicable
provisions of the City Code and Comprehensive Plan. All fonnal decisions shall be based on competent
substantial evidence and the applicable criteria as set forth in Chapter 20, Zoning. APPLICANTS are
advised that if, they decide to appeal any decisions made at the meetings or hearings with respect to any
matter considered at the meetings or hearings, they will need a record of the proceedings and, for such
purposes, they will need to insure that a verbatim record of the proceedings is made, at their cost, which
includes the testimony and evidence upon which the appeal is to be based, per 286.0105, Florida Statutes.
Any CONDITIONAL USE, VARIANCE, or WAIVER which maybe granted by the City Commission shall
expire two (2) years after the effective date of such approval by the City Commission, unless a building
permit based upon and incorporating the conditional use, variance, or waiver is issued by the City within
said time period. Upon written request of the property owner, the City Commission may extend the
expiration date, without public hearing, an additional six (6) months, provided the property owner
demonstrates good cause for the extension In addition, ifthe aforementioned building permit is timely
issued, and the building permit subsequently expires and the subject development project is abandoned or
discontinued for a period of six months, the conditional use, variance or waiver shall be deemed expired
and null and void. (Code of Ordinances, Section 20-36.)
THE FOLLOWING ITEMS ARE TO BE SUPPLIED WITH THIS APPLICATION:
'1i1 A copy of the most recent SURVEY of the subject property.
~ A copy of the LEGAL DESCRIPTION reflecting the property boundaries.
oJ6 0 11 x 17 MAP showing ADJACENT STREETS and ZONING AND LAND USE classifications
. on the ADJACENT PROPERTY.
~ JUSTIFICATION for the Request (See Attached List)
o NAMES and ADDRESSES of each property owner within !2Q..f!. of each property line.
1-6 Notarized AUTHORIZATION of the Owner,
T'1 IF the Applicant is other than the Owner or Attorney for the Owner (see below).
o APPLICATION FEES:
FEES are as SHOWN BELOW plus ACTUAL COSTS incurred for ADVERTISING or NOTIFICATION,
and for REIMBURSEMENT for TECHNICAL and/or 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 of the pertinent stage of development.
CONDITIONAL USE / SPECIAL EXCEPTION $ 500
WAIVER $ 500
VARIANCE $ 500
TOTAL DUE
$
SDD.oo
2
March 2:lO5
7116
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