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HomeMy WebLinkAbout2007 12 06 Public Hearing 500 Request for Waiver at 891 Stirling Drive, Winter Springs, FL BOARD OF ADJUSTMENT AGENDA ITEM 500 CONSENT INFORMATIONAL PUBLIC HEARING X REGULAR December 6, 2007 Meeting MGR. /DEPT Authorization REQUEST: The Community Development Department recommends the BOA hear the request for a waiver from the from section 6-86, by way of Subsection 20-354 (d) (7), of the City Code of Ordinances, to allow the replacement of an existing screened covered porch with a sun room at the rear of the residence at 891 Stirling Drive (Lot 51, The Highlands Section One, as recorded in Plat Book 18, Pages 95-96). PURPOSE: The purpose of this agenda item is to consider a waiver request by Daniel Gilmartin from the 10' minimum rear yard building requirements of Section 6-86 of the City Code of Ordinances to allow an approximately 250 square foot (9.3' x 26.9' = 250.17 SF) addition to encroach as much as 9.3 feet into the ten (10) foot rear yard building setback (backs up to a utility easement). The addition appears to have been constructed in 1989 (the house appears to have been constructed in 1974), well before adoption of Ordinance No. 2004-31, which established minimum building setbacks for primary structures within PUDs. No setbacks are set forth on the plat. The Homeowner restrictive covenants required a 25 foot rear yard building setback for typical lots, allowing the Homeowners' Association Architectural Review Board to vary the building setbacks for smaller lots. APPLICABLE CODE: Sec. 6-86. Sec. 9-566. Sec. 9-607. Minimum setback requirements within PUD zoning districts. Repairs and maintenance. Residential compatibility and harmony regulations. CHRONOLOGY: 1974 - Date the property appraiser's printout states the primary structure was constructed. 1989 - Date the property appraiser's printout states the covered screened porch was constructed. December 6, 2007 Public Hearing Item 500 Page 2 July 12, 2004 - City Commission adopts Ordinance No. 2004-31, establishing minimum building setbacks within PUDs. October 19, 2007 - City receives application package from Daniel Gilmartin. FINDINGS: 1) The house appears to have been constructed in 1974 (the screen porch in 1989). The existing primary structure does not meet the 25 foot rear building setback requirement set forth for typical lots (this may not have been considered a typical lot) but appears to meet the 10' minimum rear yard building setback set forth in Section 6-86 of the City Code for PUDs. 2) According to the plot plan, the existing covered screen porch extends 9.3' from the primary structure toward the rear property line, but does not appear to touch the property line. There is a wooden fence between the porch and the adjacent Tract "H," which is a utility easement. To the north or northwest of Tract "H" is the Sheoah Circle right-of-way. 3) The Highlands Homeowners' Association has provided documentation that it or its architectural review board approved a request for replacement of the screened covered porch with a sun room on the existing slab in July 2007. 4) The Building Code does not appear to preclude construction this close to the property line, since the rear of the lot abuts a utility easement, where no structure is likel y to be constructed. 5) Residential additions, modifications, and expansions must undergo an aesthetic review for consistency with Section 9-607 (please see Ordinance No. 2007-21, adopted July 9, 2007). 6) Pursuant to Subsection 9-566 (c) of the City Code, any renovation, repair, or replacement of a structure used for single-family purposes must be in accordance with a lawfully issued building permit. A lawfully issued building permit must comply with applicable setbacks or receive a waiver, variance, or other appropriate legal mechanism from the City. 7) Neither the City nor the applicant has documentation of a building permit for the addition (The City is required to maintain single-family home records and plans for 15 years, after which, they are to be appropriately destroyed). 8) To qualify for approval, the waiver request must conform to all six of the waiver criteria set forth in Section 20-34 of the City's Code of Ordinances, after clearly demonstrating that the applicable term or condition creates an illogical, impossible, impractical, or patently unreasonable result (as set forth in Subsection 20-34 (a)). The applicant states that application of the 10 foot rear yard building setback creates an illogical and impractical result for replacing an existing 18 year old porch. The 6 waiver criteria set forth in Subsection 20-34 (d) are as follows: 1) The proposed development plan is in substantial compliance with this chapter and in compliance with the comprehensive plan. December 6, 2007 Public Hearing Item 500 Page 3 Staff fmds no conflicts with the comprehensive plan but that the request surpasses the intent of the waiver or variance provisions of the code by proposing to re-build less than one foot from the property line in an area for detached single family homes. The request appears in potential conflict with the requirements of Section 9-607 of the Code. 2) The proposed development plan will significantly enhance the real property. Staff believes the plan meets this criterion, by replacing and up-grading an 18 year old structure to current building codes. 3) The proposed development plan serves the public health, safety, and welfare. Staff believes the plan does not meet this criterion, since it goes almost to the property line in an area not set forth for zero-lot-line homes. More importantly, because this functions similar to a double-frontage lot, the rear setback represents a separation of the structure from the Sheoah Circle right-of-way. However, it does not appear to violate the Building Code provisions for fire protection and tenant separation. 4) The waiver will not diminish property values in or alter the essential character of the surrounding neighborhood. Staff believes the waiver may enhance, not diminish property values and will not alter the essential character of the surrounding neighborhood, due to the existing non-conforming situation. However, the character of the neighborhood would be further enhanced by maintaining more of less uniform setbacks. On the other hand, in July of 2007, the HOA did authorize the porch replacement with a sun room on the same slab. The house 2 doors down on the same side of the roadway, at 889 Stirling Drive, appears to have been constructed close to the property line, but not as close as the proposed sun room. 5) The waiver granted is the minimum waiver that will eliminate or reduce the illogical, impractical, or patently unreasonable result caused by the applicable term or condition under this chapter Staff believes the waiver request is not the minimum request that allows the building to be expanded on the Sheoah Circle side without negative aesthetic results. Except in zero-lot-line or neo-traditional developments (e.g. the Town Center), it is not acceptable or reasonable to build an addition to the primary structure at a distance that appears to be less than one foot from the property line. December 6, 2007 Public Hearing Item 500 Page 4 6) The proposed development plan is compatible with the surrounding neighborhood. Staff did not observe other porches or additions on these segments of Stirling Drive or Sheoah Circle as close to the rear property lines and believes the proposed replacement is incompatible with the surrounding neighborhood. The house 2 doors down on the same side of the roadway, at 899 Stirling Drive, at the comer of Stirling Drive and Sheoah Circle, appears to be built close to the property line, but not as close as the proposed sun room. On the other hand, in July of 2007, the Highlands HOA did authorize the porch to be replaced with a sun room on the same slab. RECOMMENDATION: Staffrecommends denial ofthe setback waiver request since we believe it does not meet all of the 6 criteria. ATTACHMENTS: A - Application package B - Location Map C - Highlands Section One final subdivision plat D - Highlands HOA documents E - Pictures BOA ACTION: ATTACHMENT A CITY OF WINTER SPRINGS COMMUNITY DEVELOPMENT DEPARTMENT 1126 STATE ROAD 434 WINTER SPRINGS, FL 32708 407-327-5966 FAX: 407 -32 7 -6695 JDa7b ~5t>O BOARD OF ADJUSTMENT APPLICATION o CONDITIONAL USE I SPECIAL EXCEPTION o VARIANCE ~ WAIVER APPLICANT: MAILING ADDRESS: PHONE & EMAIL G,- I V'v\ a.~-+ ;-V\. Da. n I ~ ( I Last First K cr I S +iR. 171>1fj D~l~-R- -l~ l~~ f'. OP-I.-t1 > { A. City , Sta LfOt h1b-~~35 {)WIL V\ Middle ~ ~ )(J ~ Zip Code PROPERTY OWNER: If Applicant does NOT own the property: MAILING ADDRESS: PHONE & EMAIL Last First Middle City State Zip Code This request is for the real property described below: . PROPERTY ADDRESS: <is ~ I 5 t-il2...',:' Pi D 1<.1 vJL I t-\ l ~~ (a.~ ~ F LL D TAX PARCEL NUMBER: {;)7 - 3D-:5 0 - S0;) - 0 Dot) p DSI 0 SIZE OF PARCEL: ;(l.~~ p)~Utd /0+ I-~ 1J.-c..j4./~r Square Feet . Acres EXISTING LAND USE: S I VI ~ I~ J~ 1h1.: I y yt.o s ( db ~ -/-' ~J Current FUTURE LAND USE Classification: 12 c2S .dk"",'l-. ~ {OL.J d .e.'-'l..~ l~ '-/ Current ZONING Classification: ',?uD Please state YOUR REQUEST: L.Je;..lt.~'U2 .\0 I () t {. R..tA.R.. 'f ad So a1 ~~Lk. G}.~..J-.t~ (qn~ ~ kb1 S,ilJ2,Q.....CSJ-;oA.. ~(.k Y'M~i.. JL-~~~ ,<1: 3" ,'~J.., .\.W. 10 -f{ ~ ~/rJ-Il4. ~ b~ck-. W.cj...r tU-P'lt~ D4t3+.~ s,L--tUQ 1'\0.& - ~ '^ ()() ~ w . -\tA S lM1 I ~ iJv.... Ai> ':":j UVL~ s l "t-fo March 2005 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 formal 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 may be 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, if the 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: o A copy of the most recent SURVEY of the subject property. o A copy of the LEGAL DESCRIPTION reflecting the property boundaries. o 11 x 17 MAP showing ADJACENT STREETS and ZONING AND LAND USE classifications on the ADJACENT PROPERTY. D JUSTIFICATION for the Request (See Attached List) D NAMES and ADDRESSES of each property owner within 150 f1. of each property line. D Notarized AUTHORIZATION of the Owner, IF the Applicant is other than the Owner or Attorney for the Owner (see below). D 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 ~~ VARIANCE ~ TOTAL DUE $ 500 2 March 2005 By submitting this application you hereby grant temporary right of entry for city officials to enter upon the subject property for purposes of evaluating this application. ************************************************************************************** FOR USE WHEN APPLICANT IS OWNER OF THE SUBJECT REAL PROPERTY: l)Q.".e\ (,-a_~!& r;zi. vJ! (1.a~ / Sw.r;rJ1)!! and sUo8m me this,"", n - It ~ ~ '" ~ ~ day of f(' 20.!.L.-f otary Public My Commission expires: [ 9 /7- S--O CtR8TINA Ccr.unl DOlI... E;;pl:ss 1~ FIadda NllIIl1A1a.... "-4 Personally Known Produced Identification: (Type)'FL -pL- Did take an Oath Did Not take and Oath x ************************************************************************************** FOR USE WHEN APPLICANT IS NOT OWNER OF THE SUBJECT REAL PROPERTY: I, do hereby, with my notarized signature, allow to represent me in this Application related to my property. The property is identified as: Tax Parcel Number(s) Located at Signature ofOwner(s) Sworn to and subscribed before me this day of 20_. Notary Public My Commission expires: Personally Known Produced ID: (Type) Did take an Oath Did Not take and Oath ************************************************************************************** 3 March 2005 WAIVER REQUEST A waiver request requires the property owner to clearly demonstrate that the applicable term or condition (the subject of the waiver request) clearly creates an illogical, impossible, impractical, or patently unreasonable result [Winter Springs Code of Ordinances, Section 20-34 (a)l. Please explain how your request meets this requirement (use a separate sheet if necessary). In addition to the standard set forth in Section 20-34 (a), a waiver requires . compliance with all six (6) criteria enumerated in the Winter Springs Code of Ordinances, Section 20-34 (d). Address each of the following conditions related to the variance request. Attach additional paper as necessary: o What is the Waiver you are requesting? S4!-~ ~J J ~~ /.:t. o Is the proposed development plan in substantial compliance with Chapter 20 of the City's Code of Ordinances and in compliance with the Comprehensive Plan? '1..e~ o Will the proposed development plan significantly enhance the real property? 'I"" ~ o Will the proposed development plan serve the public health, safety, and welfare of the City of Winter Springs? lee;. . c-u-n~~ ~ (,,1-Il"^.t.c.Q~:;.. f'a~u1..' I t l.J.->..s..../.p CONTINUED ON NEXT PAGE 4 March 2005 o Will the waiver diminish property values in or alter the essential character of the surrounding neighborhood? no o Is the waiver request the minimum waiver that will eliminate or reduce the illogical, impossible, impractical, or patently unreasonable result caused by the applicable term or condition under this chapter? 'fJ2<; o Is the proposed development plan compatible with the surrounding neighborhood? ~t2S 5 March 2005 Map Output Page 1 of 1 $iNlNfil~'i.q.~.~ .-......-.- .........~.Q..,.. ~ D II III o . ~ o Legend Selected FeakuEls lheBuffelf'Olygons lI'1eBuffarTarget County Bounda/y SWals Hydrology SUbdMsiOn Lina$ Parc:e18l Parc:eIAnno http://simon03 .scpafl.org/servletlcom.esri.esrimap.Esrimap?ServiceName=overview _sma... 10/17/2007 Buffer Results Page I of I Rec Parcel Owner Owner Addr City State Zip 1 2720305DJOOOO0460 GRANT LLOYD M & CLARE L 896 STIRLING DR WINTER SPRINGS FL 32708 2 2720305DJOAOOOOOO HIGHLANDS HOMEOWNERS ASSN INC 2200 SHEPARD RD WINTER SPRINGS FL 32708 3 2720305DJOOOO0490 POUNCEY LEONARD S & NANCY S 893 STIRLING DR WINTER SPRINGS FL 32708 4 2720305DJOOOO0430 DEPTULA MARY A 888 ELGIN DR WINTER SPRINGS FL 32708 5 2720305DJOBOOOOOO HIGHLANDS HOMEOWNERS ASSN INC 2200 SHEPARD RD WINTER SPRINGS FL 32708 6 2720305DJOOOO0480 MOCK ALlSHA W 894 STIRLING DR WINTER SPRINGS FL 32708 7 2720305DJOHOOOOOO HOMEOWNERS ASSN INC 675 SHEPARD RD WINTER SPRINGS FL 32708 8 2720305DJOH010000 HIGHLANDS HOMEOWNERS ASSN INC 2200 SHEPARD RD WINTER SPRINGS FL 32708 9 2720305DJ00000510 GILMARTIN DANIEL 0 & ALICE E 891 STIRLING DR WINTER SPRINGS FL 32708 10 2720305DJOOOO0560 CREWS JESSE D & LISA A 32708 11 2720305DJOOOO0530 FOSTER HOLLY 889 STIRLING DR WINTER SPRINGS FL 32708 12 2720305DJOOOOO320 SEXTON JACK G 877 ELGIN DR WINTER SPRINGS FL 32708 13 2720305DJOOOO0520 STEElE CYNTHIA A 890 STIRLING DR WINTER SPRINGS FL 32708 14 2720305DJOOOO0470 RHODUS ALAN E 895 STIRLING DR WINTER SPRINGS FL 32708 15 2720305DJOOOO0570 RUTHERFORD ROBERT E & 873 FALKIRK DR WINTER SPRINGS FL 32708 16 2720305DJOOOO0500 GRIMES THOMAS E & ANN M 892 STIRLING DR WINTER SPRINGS FL 32708 http://simon03 .scpafl.org/servlet/com.esri.esrimap.Esrimap?ServiceName=parcel_view _ s... 10/17/2007 &91 S&liQgDriw WiIIter~'A32!18B ~,'17~'" . Mr.JOhuBaka- eomnu.u~~kJpmcotDept.. c-'dyofWiia-~ .1m1a"g WiiJIa';~FI 3'Z'Ml, DearMr.B8ker: SOlUICT: IlEQUl'.STJl'OIt WAIVER TO .1'RJOI" BAR YARD SErBACK' ~ :Peryour din:dion.lam submittingamqUCSlfura waivertotbel0.fOotn:ar yard setback allllYbomeat 'J91'S1Jr1ingDiive '.1heBiiJlhRuh .J1Ianneaumt~(PUD). ~ my :wife ancUpmchased.tbehomeiD,~ ,of19S9" .tbescreeoecJ.,in.back.pon:b ,wasanemtillg feature Wilh'tbehome.. 'ne ~ba& pordIis 011 a aNla'etesJabdaal anaiQyedads'ilito .. DUli8hdl.uL. As.ya c:aR. see &om.tbeeocloscdsuncy,ofd. ~,.tk.-id~SCRCIIed-in back,poreh is .9 inches wm the rear}'8Id ,property line. Also enclosed isa copyoftbe ~ of tile propertyftom. the Sem.~ CoontyPropertyAppmiser's page where 1beamunum. scmenpordtWith ~ floor'is identified aII.asan "'Exb:a Featt.Jttr'oftlie home. 1be way, tact tlaattbe 5uce..ed~in back porch is listed on the Property Appnriser's page for the property is an indication that this improvement was a penniUed__e iDIprcweIDeIat. The current screen~inporeh lias aged. At this time. we would like to replace the screen~in.porcb with a sunroom. 'This 1mprovementwilfbe p1acedontheexisting,shib and 4beexisiing, 'older alUBiiBum roof Will be replaced. 1:bcpta.;emP.Ilf ofa sumoom. on. the exisIing.sIab will 1IQt,n:q.uire fuotl:m to the cooaete slab. Please notetbat I havebecoapprovedby1he Highlands Homeowners Ass'Ociatiunto makelhis improvement to my home. A copy of their approval letter is enclosed. I appreciate your assistanc:e in this mailer. Please notify me of when thisilem wiU.come befure die Board of At:ljpstment. ~i-U(, J 8 Year Resident oftbe City of Winter Springs Enclosures: I. 2. 3. Survey of 891 Stirling Drive Property Appraiser's page for 891 Stirling Drive Copy of Approval ftom Highlands Homeowners Association c: Commissioner Sally McGinnis, City of Wmter Springs Bonnie Whidden, Highlands HOmeDwnezs Association ~ ------ NOTES: $ 1. THIS SUR. WAS PREPARED FROM TITLE NfORt.lATION FURN~'SHEO 70 THIS SURVEYOR. THERE MAY BEOmER RESTRlCllONS OR UNRECO EASEMENTS THAT AFFECT THIS PROPERTY. . 2. NO UN ROUNO IMPROVEMENTS HAVE BEEN LOCATED UNLESS OlllEff1lVlSE SHOWN. 3. THIS SU IS PREPARED FOR THE SOlE BENEFIT OF THOSE CERTIFIED TO J.NIi SIiOIJU) NOT BE RELIED UPON BY />IlY OTIiER ENTITY. 4:0INENSlO SHOWN FOR THE lOCATION Of It.lPROVEUENTS HEREON SHOULD NOT BE USED TO RECONSlRUCT BOUNDARY UNES. 5. BEARINGS RE BASED ON RECORD PLAT DATUU AND ~ THE UI~E SHOWN AS BiISE BEARING (8B~ 6. PROPER HEREON LOCATED IN ZONE' X' PER F.lR.M. COMMLlNIlY PANEL NO. '20285 01~ E DATED 4-17-95. I fM "- "- ~ Cln'8 Oellll Angle 1 38.46'06" ~~ 5':~~. ^ ~Zb~ ~.. " ~)'* , ~,*, 50 'l~ ~~. ~. d'09, ~ 'i: ~ ~. i& .~ ~~ ~ R.P. , '\ , 0,\ <~' ~~, '<4k. " rYa' ~h" (('. , \. " !S "- '1) S<1( " "- " Ralliu8 2000 4&5.57 No 13.53 48.98 " S-~;izJi ^j 1)(1. REC'fE='''''' .......--. -..!< .~!:: 'f'....." ~:: '\'.k' l....'"'-".... r:.~~: ~ ". ..... .:0;' ~:~, i~." b-~,"~ OERTIFIED TO: DANIEL D. & AllCE 10. GILMARTIN FIRST UNION MORTGAGE CORPORA1lqN _ TICOR TInE F' E LD THOMAS H. WARLICI<, P A I OESeRI? liON: LOT 51. THE HIGHlANDS SECTlON ONE., AS RECORDSp IN PLAT BOOK 18. PAGE(S) 95-915, OF THE PUBUC RECORD OF SEMINOLE COUNTY. FLORIDA. JOB No.:l1ooa201 DATE: FIELD: 2-28-00 SIGNEd: 02.29-00 II DRAWN BY: JJNB P.C.: F'1 Ii L LEGEND REC. . REClmRfJl LP. . lIlOHPIfIE LC. _ ~~G*-, CAP. CJ!. . COIIClltIE_NT P.II . R!IlAII MD. - RlD~ N.R. . NOT Wilt II>) . PERlUT IN! . AI t,tfA8UR.P IDI . PER DfIClllP'llOH P./).L-PlIINIOIUIE PI:.. -I'OIIlTOFIlUII\OOIIII1 P.1. . POINrOflAIICEIWI' E;. LAND ~lOunl,lary SUR.VEYC,,*, . And L5 -1565 . . Mapping . AsSOCiates,lnc. 109 WEST 0R.l.NGE STREET Ill. T AAtOWTE SPRIN3S. FL ~....T'C" COM~RE1E . .. PRe- pOlNf Of RCJEIlllE CUR.. IlP.-lWlIUlFOllrl R . MDIIJ$ L _lfllCllllOf~C OA . GEHII\II. MGlE U.E...l11l.1TVfASE)rdEln D.f.. DlWIIIa EASEl.ENT L.E. lAIlOSCIJlE e,ue.....Jr. u.'~["""_""'" P .P.. POIlQ'Cl! ... - l'toIIN LINK FOlIC( -o-w.Y.llIE'~__.:- 32714 PH (407)696.11&. Nol..ld ..'I1OoJ\ .... 5gn8IIn Illd ... ori~neI""'" seel 01. Ftnlal:orad 811V8'f'XlOId_.-- _"""Ill _... or IOplftS by OIW _ilia si~ pIrly or f6'llM it ~'/lIlI1O\ll..,;' ...,.n1oflrlt .ipIinQ fl'ti" . ( - Seminole County Property Appraiser Get Information by Parcel Number Page 1 of2 PARCEL DETAIL DAYlJ)JO.~H9D'" CFA,ASA 71 GENERAL parcelld: 27 -20-30-5DJ-0000-051 0 Owner: GILMARTIN DANIEL 0 & ALICE E Mailing Address: 891 STIRLING DR City,State,ZipCode: WINTER SPRINGS FL 32708 Property Address: 891 STIRLING DR WINTER SPRINGS 32708 Subdivision Name: HIGHLANDS SEC 1 Tax District: W1-WINTER SPRINGS Exemptions: OO-HOMESTEAD (1994) Dor: 01-SINGLE FAMILY SALES Deed Date Book Page Amount Vacllmp Qualified WARRANTY DEED 0511989 ~ on2 $72,000 Improved Yes QUIT CLAIM DEED 0211987 illM ~ $100 Improved No WARRANTY DEED 07/1984 Q159i 0048 $65,000 Improved Yes WARRANTY DEED 03/1981(l1-3-~ 1217 $60,000 Improved Yes WARRANTY DEED 01/1977 D1Ui Olll $37,500 Improved Yes Find Comparable Sales within this Subdivision 2007 WORKING VALUE SUMMARY Market 1 $161,036 $952 $35,000 $0 $196,988 $93,294 $25,000 $68,294 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: Tax Estimator Tax Reform Analysis 2007 Notice of Proposed Prop~...I.ax 2006 VALUE SUMMARY Tax Amount(without SOH): $2,658 2~ax BillAmount: $1,173 Save Our Homes (SOHlS.aYinIDh $1,485 2006 Taxable Value: $66,019 DOES NOT INCLUDE NON-AD VALOREM ASSESSMENTS Land Assess Method land Unit Units Price 1.000 35,000.00 LEGAL DESCRIPTION land PLATS: Pick... Value LEG LOT 51 THE HIGHLANDS SEC 1 PB 18 $35,000 PGS 95 + 96 LAND LOT Frontage Depth o 0 BUILDING INFORMATION Bid Num Year Bit Base SF Gross SF Living SF 1 583 CB/STUCCO . FINISH $161,036 SINGLE FAMILY Appendage I Sqft OPEN PORCH FINISHED /44 Appendage I Sqft GARAGE FINISHED I 552 Appendage I Sqft OPEN PORCH FINISHED 124 NOTE: Appendage Codes included in Living Area: Base, Upper Story Base, Upper Story Finished, Apartment, Enclosed Porch Finished,Base Semi Finshed Permits Bid Type Fixtures 1974 6 1,583 2,203 Ext Wall Bid Value EXTRA FEATURE Description Year Bit Units EXFT Value Est Cost New ALUM SCREEN PORCH W/CONC FL 1989 280 $952 $2,380 Est Cost New $188,898 NOTE: Assessed values shown are NOT certified values and therefore are subject to change before being finalized for ad valorem tax purposes. http://www.scpafl.org/web/re_web.seminole_county _title?P ARCEL=2720305DJ0000051 0... 9/12/2007 Professionally Managed By: World of Homes 2884 S. Osceola Ave. Orlando, Fl32806 Telephone 407-770-1748 Fax 407-770-1792 Email: World@WorldOfHomes.net Onsite Manager: Bonnie Whidden Highlands Office 407-327-0640 Highlands HOA, Inc. c/o World of Homes 2200 Shepard Road Winter Springs, FL 32708 Daniel 0, Gilmartin 891 Stirling Dr. Winter Springs, FL 32708 ARC REQUEST APPROVED Tuesday July 24, 2007 Ref: 891 Stirling Dr., Winter Springs, FL 32708 Dear Mr Daniel 0, Gilmartin: Please be advised that this letter shall serve as your approval notice for the ARC request submitted. Please save a copy of this approval for your records. You submitted a request to replace existing screened in back porch with sunroom. All on existing slab. New roof and replace fence. Any exceptions are noted on the comments portion of the form, a copy of which is enclosed. Thank you for abiding by the association's rules and regulations. SincereJy,--- . ~ 4:/~ Property Management Department Cc: Board of Directors ARC Committee Owner's File Enclosure: ARC Form Page 1 IL .ll..ANDS HOMEOWNERS ASSOCIATI Request for Architectural Change This request form is to be completed by the homeowner and submitted for approval prior to any work commencing. '" Mail or fax the compieted form to: Highlands Homeowner's Association cJo World of Homes 2200 Shepard Road Winter Springs, FL 32708 Fax: (407) 327-0644 If you have any questions concerning this application, please refer to your Declarations of Covenants and Restrictions, or contact World of Home via phone at (407) 770-1748 or (407) 327-0640 or via e-mail atworldallworldofhomes.net. Or Highlandshhoa(a)aoLcom *NOTE: All requests must conform to the local zoning and building regulations, and you must obtain all necessary permits if your request is approved by the ARB, This request is valid for 90 days from point of acceptance. ****ANY CHANGE IN PLANS ORIGINALLY SUBMIlTED REQUIRE A NEW ARC & NEW PLAN TO BE APPROVED BY ARC COMMITlEE.**** . A L G--'!.. C:, .,y..d.+ ....: '6'11 s-L-.e II ~'3 D e. ...:~ Phone: ....41 ,c...e 's r->~ <to;, '-t3S". 'if <{ r Describe the chan e i.e. reh, enclosure, etc. : 'Q.a. ,tau. P1.t' s; L.....e. $ c.. 1I~;.A.fLe1 ~ c. r..&_ I..4,t1. (..f!. , :fL '}\s.4-',"",-Oj <; 'o..b. V.eL<.).fur> I i" ~ i":€..f:!it/;....1! i I Locatioll - Attach a copy of lot surve or Ian showin location of addition. Specifications - Attach a copy of plans, permits and describe the following: Dimensions: :s~. c:L ~.t~ & tu ..',- d!...i i2. t .~, (", Lot No; LU~ ~. .s'u t., "-"--y""..,,.. A. , { t!vt {.;! "'';...:''''.3- ! i I I ! I 1 , i , , /1. l c 0.;.._.:::/ o;.J)j i'~ j., / Vi. ,.;:;'&.)(.<..1 ", ~~~=--;>k -rjl<" / ""_ r.t-/tJj Date: "1 / Date Forwarded to ARC: o Re uest Denied Did Sub-Association Approve Request? , i !? i _. 2nd Si 3 rd Si uired For New Construction & Ma'or Renovations uired For New Construction & Ma'or Renovations I i 3. j , Comments: I ; i i i I I Date Decision Communicated to Owner: ---1 i , I . T H f" i i I i G i i i ; I i ; ! F . c B A Pump Sts. #2 WATER DI ^""T Continued pg 2405 1 2- 4 ~51. \\ I \ >J \ \ i \1 \ Continued Pg 2406 6 7 C<)" '4: ~" ~: ro..,: 3 5 " ~ NOTES: '."~ ".c. ."\.~ . Municipal Address Map Book PRINTED: REVISED: Apr 2005 1: City of Winter Springs, FL o 200 "'-......-......- 400 , Feet 3 . Map Page Developed By: Southeastern Surveying & Mapping Corp. 2 : 2402 THE HIGHLANDS SECTION CITY OF WINTER SPRINGS SEMINOLE COUNTY, FLORIDA ONE PLAT BOOK 18 AND PAGE 95 TJ-IE- 1-1ICj.;ILAA.II:J'!S '~C'Tn:u., O"'It!- pEDICATION KNOW AU MEN IY THESE PRESENTS. Thlt the Corporetion n. below, bein9 th. owner in Me limp. of fh. I.nd. de.cn'Nc:I it! .... fore 90$"9 caption to this pJ.t I h....by d.c:Iic.t.. ..id J.nd. and pl.. fM th" "HI .nd PUrpo-. .h.r.in ..preued end d.diute. th. ~TA'~T~ ., 'A~r.u4'NT~ sfto... h.reon to the perpet\Nl ute of tM puWic, .nd IN WITNESS WHEREOF, h.1 c....c:1 t..... PN..ntr to be signed iIttest.d to by the ofracen ...mN I*ow MKI i.. corporet. ...1 to b. diM hemo on DESCRIPrlON :;ti:r.~:.~';f,",::l:ti/f:{.:fI:Hl~~;'ffc, ::':;''R!i:;-tt~J:~ tt;ft;:~~~lff:Fi~~&~~};;!tf!!f..~R/llJ:!:..':f;::}i:cfj~fl:F:I;~iii!~~r!/i~ ':IJ:~::' ::,uT~;.L,:~:~ :. ,~f,:1,..It:f,1-L~~:.:g~f:~~1~t:t';J,f.;JI~ ~~J:';I.r/~:~C::J~l.i,:~~~ T:":t:~e-Il':~ft~<;,~'S,$/~ .t'::.T,1j 'Z.'i,~~* ~~f.o~ ~~i~~;~'c1'e~ :;:;f.~!tr;;;ff7,7.'iJ;t1iiJ;r,;:Xtf,~":.:~Z~ }~t:';::H'; j~.€.f1;~:;r~i:;;;~'~l~!f;:J;,:1:f}:J;~ ~~~f'/;;f~X"J'~r~~y,;J:w'!Ji~;;'T ir:i::~" ~.PI.A7TI^,('r,A 110'710,", U,r' L<:IT ""1 e'Ae tJ~. LOT. ,"{4,~1'i/JLIC. fJQI Loor.,. ~ I~""~ ~Lk: ,2.6 LUr~ f. &, ....LnT''''? r.w~ul'/, 4: 15;./.1.11(.. ''6tANO ~*PLAr"",/~ ~~J.~~~,r:..i'~N:,1~ t>f,,~W~".~d.UcW~~k:~~f-i':c"!1.tI~ ~%i~~:Z~rL ":: :~: :::::".. 5:::..;':..... ;^~:.::;;:: ~N... "'OMT,,", Q~LLl~'DO 1t,JI,.,eJol.' '!)1I1:,7',/o_ ". "''!lIo~.cd.c-.&> IN '-'-'7 "QU/II(' I., ~4f1 q..~ ,,'.. O:E. 'U..,IC 1It.<&Q~C>'" 0' ~.~'NOL.4:0UI&ITY. 'LOM'4!:"Jj","^,~ ::'''t~..P~~:L~.::.~~g~&>~ c:..."~:!I,tZ~~~:;:t,..~~~~:....,.;~ ~{'f;.OT'" "4. r.,,.u ... ....,1-14 .,....w.wO~1< AS JIC"&~"'D.r.J IIJ "~J1T ..DC",: 'I' J "A4-~" .E TJ..IJrU. :J::J1':.""~Tt,:':a~.f,~ ~:.:;:~f."b'L.sr:;,.C:'ZdL'li ~OuA..[:~~.wlt.Ig;:,~%''''V~Y O~ THi! ..uo~...... I. ,......V' crC4IA,I"'.JI'So 1If4c.o."." /'-' PL.U'~DOk"~ '; ~~~~~;;;:J^,~ VIt:I f'rHcI.m .-:-----;--- --r- ---~.-- ; : .,,: .:--r----...T: : : ,.. /, .' ,1'-; --j---+- -'t- , , , ; , , ; " I , , , f : , SP1'N6 ",,",,_It! p,- ')- ,.oIs 1,,1,4.$: : ;": .' I I ; : I f : : .!~~:::.~.:~.!"-- ' ~ Attelh .))'C'Oh_U $i.'*' _ ..-t~~ ~~.It"" ~~~ ~::.u.. ~. & aIt.I.v STATE OF 'I.U~~D4 COUNTY OF OAtfN61F THIS I$TO CERnfY, Tlwot.. .Ju.-ve ~71'173 before me, aft offic.r dvIy ,,~ to t..: Kk~ Ita St... .nJ COCIltty .m-...id. peI'IOftdy eppHred It. IV Do4N .nd w, e/" d.~"WjfJ'O ...pec:HveIy VIe. ~.. AftIJJ"r. ~~~/U'T4"Y of the "Itove Nrned cotpONtIono '-orpor.tecl uncIer the laws .. St... of ~, n/VDd . to 1M known to be .... " .nd officers 4.lCn",*, in "'"' .... eua.ted +fl. lOftgOi", Oed "nd ........y ~ the .J1ecution: theraof to b. their lree .ncI cIntI .. -=It offIc.... fhereunto cIuIy ..,thoriaclt thet th. offici" 01 Mid corporetioft k duly efM.cI th.reto: .nc1 tftet tt-. ...id Oedic. i. the .ct ""cI rI.ed of ...id COtpOI'oIfion. IN WITNESS WHEREOF, ,..... -. ... m~::it6~ NOTARY PUBLIC My C~mi..;.. &P;...}"-':I 17, 117(. ~ " ~~ ...~ ~(S., !' ... ". Ii ~:\ " "., "..", ~f.J4t i1i~ l: ~ ~ ' " "'. \ i': ..... 'k'~ ~~ ~l'S !~Ir) :~~ ...... ~=....:- ~it ~..~: ~~ ~~ i ,c':':',lP;,}/i./ /,;"} -~~~::'~~:~"~_ , f!~~i,~!iFrt 1-r!Jy/I,"_ ~~/~/I~' ~"~~~ti.:'~',, 'I;~-~:.~;I, ._. {....~1.-~.IB~.. t=.~ NO"", ;:c~:o:~ ',,~~;~~~ ;,_.~.j-';,:\~;\ \~~{,:'~};~(::J ~.. "'4: ""$ :... ..j """Zc~AI'1o ".fNcNcs "4 "t.J: PrI.$ ;:. 31 - orr 0' WINTEII? ,pItINe" SemwlIlleCouttty, Rorid". O.tad / "'E N/IfIHLIIIWJS $~ ONE CERTIFICATE OF SURVEYOR KNOW ALL MEN BY THESE PRESENTS, TfMt .... ""d.'kClMd, ... Iic::....ad .nd .......r.cI lend """'1Or, doe. h.r.hy c.....,y t..... fa. c::ornpl..'f'd tft. 01 the IencI. .. Iitown in ..... fOf'lt4)Oiftg plet: ....t Mid pl..t i. . c.....t '''PNaentetion of tfte lends the..in d..cribed "nd plett.d: tkat n.m ref.,.nee monurnenh heY. iMeft pIecH .. shown ....""" .. quj,.d by Chepter 177. Rond" Stoltvtu: and ....t ...id "'n,/ " lo~."" . ~C'AL~ 'H.JI..QO' / ./ R"9i.tretioft No ''Z ~ ~ CERTIFICATE OF APP130VAt BY MUNICIPALIi:Y THIS IS TO CE8TlFY, Thet Oft ',../1... "", I" 7 3 W,NTle,. S,.It,"'s.'S C"'y c."u 4.1..,,,-, .ppl'O'lI.d fh.. f~r,q~ ""~I p1.t. $~4- MAYOR. ..:..... . r.~,:, HENR/CH,INC. SURVEYINB a lIAPPINS 590 WYMORE ROAD WllITER PARI(. FlORIDA 327119 (105) 147-7346 1n-.1' ?,>~ , CITY ClERK. ':,j' I HEREBY CERTIFY. Thot I .......an.d the foreOOlnt pIet and flftd ':::..c::,,:::::.ttI=.:~~~?cr~~~~'~.'~ at. ..;2.,'~ f.~.Fl" No. .t?'!.7.!,7,'-:-..... UI.77,. ~ . c~~'.d:"c_'"~:~ In aM ,... s......... COINrt,.Florlcl. CERTIFICATE OF APPROVAL BY ZONING COMMISSION THISISTOCEllnFY,Th.... /1"",,, ''I, 1~73 Zoning Commission 01 the .boY. MvNcipelty ..pprov.d fil. 1 plot. ~ ~ > ~ ~ > n ~ ~ ~ ~ n ..p... ~-s '<s- ~ ~ ~' (/) ~ ~~~ ~ ~Q: ..... ii: (:) ~~~ CI) Q::).. ~..... CI) I.; ~ ~~(:) ~~~ ~~14j ..... (:)~ ..... )..~ .... ,,~ ~ ....14j ::t ~ (/) ~ " .. 0... o. ale ... ~~ ~e .. ti . ..I ... o ..I f- III III i 1#777 r:---'-;--~":- ...-..... /-", "'--0',v--J' '.. .V{ . ./ , ./-... 1\ . C-='/ "'\'\j .. .. ~ iI ~ .. ., ~~ ~~~ _2ll1:a:,.. ~ z.~~,!. ~~ :gJ{ ~~~i: p-;~ " :~~:~ " %"If)~ 0: ~ ::> ~ .. ~ ,r- G) <".. \~<l . ~i 0'1 ~4 t '~. V( ~ ~. . '-~~~'."- - :'1 :. . o .~ ~ I.:t ~ ~:: ~ ~, ~ ~~ i :~ ~ ~; ~ ~(; ; ;~ . .- ! ~E cc , . . .- ~mrt!l\ ~~~~~:.~~ c:.~L..... ..... ~H ~;~i~ L..~ I :-~~ .".....". .... ',- P Oc.....P7~o -:::",;~# ::~.>.z~ ; ; .0,; 'C", : ""0 ";...".... ,------4 , ATTACHMENT D "1itffiil(ltJan~ DECLARATI9N eF COVENANTS, . CeNlIlTleNS ANII RESTRICTIONS /" _____ J ,; ~ J . , I ".~' " -. ,/, l L :' ~." , I ~.. /e .' 4lE 20. 1984 $ ,. I. ARCHITECTURAL REVIEW BOARD OF HIGHLANDS HOMEOWNERS' ASSOCIATION. WINTER SPRINGS . FLORIDA DESIGN GUIDELINES I. ARCHITECTURAL REVIEW BOARD FUNCTIONS The Architectural Review Board (ARB) of the Highlands Homeowners' AS$ociation (RHOA) was established in 1973. Its duties are presented in RHOA Declaration of Covenants. Conditions. and Restrictions. recorded in the office of the County Clerk of Seminole County. Florida. The ARB shall function as follows: A. to promulgate from time to time residential planning criteria for the Properties. However. any such planning criteria shall be set forth in writing and made known to all OWners and to all prospective Members of the Association. Any residential planning criteria promulgated by the ARB shall be subject to final'app1:'oval by the Association. Said residential planning criteria shall include any and all matters, considered appropriate by the ARB not inconsistent with the provisions of this Declaration; B. to apprC)veall improvements of any kind or description to be erected. constructed. or maintained upon The Properties and to approve any exterior additions to or changes or alterations therein. No imp1:'ovements of any kind or description whatsoever shall be erected. 01:' the erection thereof begun. or change made in the exterior design thereof after original construction of any Lot or Living Unit in The Properties until the complete plans and specifications and a plot pl~ showing the location of the structure have been approved by the ARB. Two complete sets of plans and specifications showing the nature. time. shape. height. materials. and location of such propC)sed improve- ments must be furnished to the ARB and approved in writing by the ARB as to (1) quality of design. workmanship and materials. (2) the harmony of the external design. and (3) location 10 relation to surrounding structures. topography and finished grade elevations. prior to the commencement of any construction thereof. If found to be in compliance with the restrictions set forth here1n and the criteria established by the ARB. and. in the opinion of the Alm. consistent with the planned develop- ment of The Properties and contiguous lands thereto, one set . of plans and specifications shall be returned to the Owner or builder marked "Approved by the Architectural Review Board of the Highlands Homeowners' ASsociation. " Such approval shall not be effective for construction commenced more than six (6) ....... e e .Y t 1 monche afcer che approval date. If no acUon is taken by the .ARB within thirty (30) days after their delivery to the ARB. they shall be deemed approved on che chircieth (30ch) day following such delivery provided that such plans and specifi- cations do not alter the land uses for such property contemplated on any existing POD Plan and subject to the right of the Association to enjoin any construction that does not comport with the restrictions set forth herein. The ARB may require payment of a cash fee, not to exceed fifty dollars ($50.00) with respect to anyone Living Unit or structure, to partially com- pensate for the expense of reviewing plans and specifications. such fee to be payable at the time the plans are submitted for review; and C. to require to be submitted to it for approval any samples of building materials proposed or any other data or 'information necessary to reach its decision; 'I D. notwithstanding anything contained herein to the contrary, the ARBmay notl~t densities below those approved by the City of Winter Springs (formerly, "Village of North Orlando") for the PUD Plan referred to in Section 2.1. II. PURPOSE OF. GUIDELINES ANI> CHARACTER DESIRED A. Purpose ' Tbe purpose of chese design guidelines is to provide visual control 'and protect the character and integrity of che Highlands community. The desired result is the maintenance of high property values and the provision ofa pleasant livable environment for all residents. In accordance with the Declaration of Covenant,s, Conditions, and Restrictions. Article XI, Section 11.4 Enforcement, enforcement of these covenants and restr1Ctions sha11 be by any proceeding at law,or in equity against any person or ~erson8violating or attempting to violate any covenant or restriction, either to restrain violation or to recover damages, and against' the land to enforce any lien 'created by these covenants; failure by the Association or any Owner to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the ' right to do so thereafter; and in enforcing any of these covenants or restrictions the Association shall be entitled to recover its costs, expenses and charges including reasonable attorneys' fees. To insure that development will occur according to the limitations of use, design, coverage and phasing as stipulated on the pre- liminary and final development plans. -2- t=-xp(, .I e e r ( l 1. All roof vents and turbines are to be painted to match the color of the roof. 2. All electrical and wind operated vent turbines are to be located on the rear slope of the roof. All other roof vents are to be located on the rear slope if .!~~,~~~ E. Floor Areas 1. Minimum square footage of floor areas for single-family dwellings are given in the following table~ Dwellin~ Unit Minimum Net Interior ,Usable Floor Area Two bedrooms Three bedrooms Four bedrooms Five bedrooms 1,050 sq. ft. 1,300 sq. ft. 1,400 sq. ft. 1,600 sq. ft. 2. Footages given are for net interior usable floor area of the main structure, exclusive of basement, patio, open or screened porches, garage, SUe'st house, and other outbuildings incidental to the residential use of tbe premises. Interiorsquare footage beneath a ceiling beight of less than seven feet cannot be included as usable floor space. 3. All single-family detached units must ~ave double garage. ~." IV. SITE PLANNING A. Site plans for each building lot are to be, reviewed and approved by the ARB. B. Building Setbacks 1. Single-Family Housing a. Building setbacks for typical lots are to be as follows: ; oJ ~.: ' '~, r (1) Front yard: 2S'feet (2) Side yard: 7Js feet - (3) Rear yard: 2S feet --~ (4) Corner side lot: IS ,feet ~ 'j ",',> I ~j .:~. _' ........ G:.. J.. " I ~., ,.' " " ". :j "'1 L .... I 'I' ....:. "' t ._' . ~ . ~"'..) '. - '.-' /., ~/ J")../ ,~, ----," l.~ - I r' ~, ,-' . ~').:. I / "':,..' I , /_.. I ! i!oj:" ! r !. < j ....... :./, ':',;j'_?~:."':'---- _____l~: L.__~~.~~_. / ~ -4- , {, e e Y' I { 2. Multi-Family Housing a. Front yard: 25 feet b. Rear yard: 25 feet , ,r'-l ., .'~.. ..../._.9 Distance between buildings: 20 feet ~" .r.< ~!.\.~, i' ,I , ' 3. If deemed desirable, the ARB may vary building setbacks for I.~j'; '. . smaller lots by granting a special exception. 1 !~ J ~;,!, \' L. ,.,' J. J: I') 4. 'II I , , , / Where a number of houses are being built on adjacent lots by one owner. a zero lot line side yard must be approved by the ARB. -,-",'-" - .- ~~,.'. C. Fencing 1. All plans for fencing are to be reviewed and approved by the ,ARB before construction. v 2. Landscape screening or fencing is mandatory on side and rear lot lines abutting Sheoah Boulevard. Sheoah Circle or Shepard Road where natural screening is not adequate. These fences shall be uniform in color and design. . Landscape screening of a permanent nature is' preferred (close-grouped planting, hedges, etc. r. The approved AU color is Acrylic Latex Stain Platinua Base 371 1-8 C-36 1-32 XIT which may be obtained frOm Color Wheel Paint Store, or ''Kings Canyon" which may be obtained from the Glidden Paint Store. i. 3. For. uniformity all new fencing must expose the good side out. be of cedar. grade D or better. 6' high with 6" boards. The design may be dogear-clipped. or shadow box. See Exhibit A,' Design 11 and 12. No chain-link fencing allowed. 4. All fencing must be stained on the outside with an approved color. Color choice must be submitted to the AU prior to purchase or application. Color must be a soft. muted natural earth tone. Fences may match the house color but must not clash with abutting fencing. No bright, dark or . white colors will be allowed. The ARB has the right to reject any color it deema not to be in keeping with the natural setting of the Highlands. Fences will be maintained and in good repair by the property owner at all times. D. Air Condit1oninR Units Air conditioning units are to be screened from view of the public by planting and/or fencing. -5- e e y ~ I E. Screening All screening for pool enclosures and porches is to be black or gray. Green or silver screens will not be allowed. AlUUlinum IIlUst be bronze in color. F. Wells All plans for wells shall be submitted to the ARB for review and approval. G. Play Structures All plans for play structures shall be submitted to the .ARB for review and approval. Location of play structure must not interfere . with rights of the adjacent property. . X G Ext~rlor antenna. of any type _&>t be erected.) It; ",- L/~ , ~!.:.b . . ''] '("_\'.' .' I ~/_ ., ~'.; . ," ... ""-\,,~":':)l p '1 -X V. LANDSCAPING ".;..'- "C ....,. '" '.." -- ----,;..r- A. Preservation of Existing Trees All trees larger than siX inches caliper are to be preserved unless they directly interfere with building construction. No trees larger than six: fnches caliper _y be removed without prior per- mission of the ARB.. B. Planting and Paving 1. Use of color rock surfacing or paving in place of living plants will not be allowed. . 2. Driveway paving is to be of concrete with no color added. C. Lawn Ornaments All laWn ornaments shall be reviewed and approved by tbe ARB before installation. , VIJ MAIL DELIVERY. BOXES AND STREET ADDRESSES i A. Curbside Delivery Boxes The U. S. Postal Service requires curbside delivery boxes for single-family subdivisions. To provide an overall attractive appearance. a standardized curbside delivery mailbox is required as specified in Exhibit B. -6- '. - e ~ . ! 4 . I I .-.. ~,,~,''''''LO y\"".c,o)l / PH"TeQ ~ "''''' ~L O~~"'A1L1lt .iO~E' . i 4X4- w~o P..~T - .. } QR. tl.. ,. / Mal A~ fO.1&T PAl "'T6J) , " TO f.I1ATC.. M~'J,.&Q)C I . .,It" - . , e e y ~ ( Custom maUboxes shall be reviewed and. approved by the ARB before installation. B. Clustered Delivery Boxes For apartments, townhouses and patio houses, grouped maU delivery boxes wUl be required. Acceptable standard designs are as shown in Exhibit C. C. Street Numbering 1. Street numbers placed onmaUboxes or on houses should be white or dark gray and of a simple, legible design similar to those shown in Exhibit D. 2. For legibUity, numbers placed on houses should be at least 4" high and not to exceed 8" high. VII. APPLICATION. PROCESSING AND APPEAL A. Application 1. No improvements of 8:fty kind, and no external alterations, additions or changes shall be madeuntU an application, including plans and specifications for sucb improvements, bas been submitted to the AM and approved by it in writing. The following plans must be submitted to tbe Arcbitec~al Review Board in duplicate for approval: a. Preliminary Site Plan . b. Fiilal Site Plan c. Exterior Elevations d. Floor Plans With Square Footage e. Cluster Plans f. Color Samples g. Exterior Materials h. Signs i. Landscaping Plans j . Fencing Plans k. Construction Trailer Site -7- l:-'~',':~1-~' . ., !..-:.~ " .-~;J'. ;;~. ~. ~ ". 7~ .'~~~( "'","~1.~;.I., :"i~- tI: .'. .. ... "7i.,-Me..;- ., 0.. .' :...., .';:~~.;' ,~..'j!-. ".,: :;~~rft . . . :~,:: : ~4~. '. ..:.~'! " ....... -:.- " .' ;~ .. Ii. " , " 9 -.,", " " "J" ..~':: .' ;..~ ".'" ,.., '. e - ~ ~ - - - - - ~i I ~ .... .J 0. ~ ~ ..( tJ - r w :i IJJ ::I. EXHIIIT 'D' STREET NUMBERS . . . e .;~~ ~.~~ L.."'" --- - I t 1. Dumpster Site m. DCCRs n. Plot Plans .. ,.:: ~A).~~~~g_e Plans _______ . {_ All changes -b-pi;;~- during construction regarding exterior \:'~l~~.~_._~~__~~~~i~l....~s~ha~ethe_p.[~rapproval of the ARB. \ 2. A:n--;ppiication shall consist of ~ cUllIplcLe sets of plans, specifications, plot plans and any other material including color samples required by the ARB to fully describe the proposed improvements. -----.- B. ( ,-,..-" .,,,::-' u;.- ). , 'r (J.;.~': I :./ ,I ;. .... :. ,...:.. ). ... ...J v'" r'" .\.. / \. t .AU approval is not. complete until both the preliminary and final site plans have been submitted and approved. When the complete application is received the ARB will approve or dis- approve in writing, regarding its satisfaction of these design guidelines, and as to.:. . Approval 1. a. Quality of design, workmanship and materials. b. The harmony of the external design. , . . VIII. PLAN REVIEW FEES A. All plans and specifications required to be submitted to the ARB ahall be accompanied by a fee, in accordance with a fee schedule adopted by the ARB. -8- 7' ... . e I B. The fee schedule may be changed from time to time by the ARB. For current schedule see Exhibit E. C. At their option. the ARB may allow the re-use of previously approved Architectural plans and specifications. If approved plans are reused. complete site plans must be submitted for approval. IX. Developers shall be required during the construction period to control. regulate and maintain the development as to prevent the accumulation of trash and debris. on both the site and adjacent property. HIGHLANDS ARCHITECTURAL REVIEW BOARD PLAN REVIEW FEE SCHEDULE A. SINGLE-FAMILY HOUSING 1. Single Units For each total set of plans. including site plan. fencing and landscaping. 2. Grouped Units by Builders For each house model submitted (including master site plan. fencing and landscaping). $25.00 $25.00 3. Re-use of Approved Architectural Plans a. Reuse of approved architectural plans. b. Site plans for approved architectural plans. No Charge (1) Single site (2) Master site plan layout $10.00 $25.00 B. MULTIPLE FAMILY AND TOWNHOUSES 1. Complete Plans for a Building Site. $50.00 2. Site Plans for Previously Approved Architectural Plans (per site). $25.00 EXHIBIT E -9- .-':- --.. e 4J. an~ Homeowners' Association. IIw" 675 Shepard Road Winter Springs. Florida 32707 (305) 323-3640 OWNER: OF: in the Winter Springs Highlands, hereby acknowledges receipt of the following documents pertaining to the design and construction of improvements at the above address, and to restrictions on the use and occupancy of the property: Design Guidelines - Single Family Detached Housing Declaration of Covenants Conditions and Restrictions By - Laws Articles of Incorporation Rules and Regulations OWNER SIGNATURE DATE I~-:.'}- ,~)i'j ~ ~r~jl ~... r" ... - ... . j ~~r;s1. ~ -- "/ \~ i . I I, . ~t t.- , {, t ,"itt~ t ~ t r .. , 1\ ir ..~i'~ ..., t'~> ~ .' CITY OF WINTER SPRINGS BOARD OF ADJUSTMENT DECEMBER 6, 2007 THE ATTACHED HANDOUT WAS GIVEN TO THE ADVISORY BOARD MEMBERS FROM MR. JOHN BAKER, SENIOR PLANNER, COMMUNITY DEVELOPMENT DEPARTMENT RELATED TO PUBLIC HEARING AGENDA ITEM 500. CITY OF WINTER SPRINGS, FLORIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 23, 2005 PAGE 12 OF 24 Mayor Bush opened the "Public Input" portion of the Agenda Item. No one spoke. Mayor Bush closed the "Public Input" portion of the Agenda Item. "MOVE TO APPROVE." MOTION BY COMMISSIONER McGINNIS. SECONDED BY COMMISSIONER GILMORE. DISCUSSION. VOTE: DEPUTYMAYORBLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: NAY COMMISSIONER GILMORE: AYE COMMISSIONER KREBS: AYE MOTION CARRIED. PUBLIC HEARINGS 403. Community Development Department Recommends The City Commission Hear The Request For A Waiver From Section 6-86. or The City Code or Ordinances, By Way Of Subsection 20-354. (d) (7), To Allow A Bunder To Construct 8 (Eight) Homes, Consistent With The Existing Development In The Greenspointe Subdivision, Within The Highlands PUD (planned Unit Development). Mr. Baker presented this Agenda Item. Discussion. Tape 21Side A Mayor Bush opened the "Public Input" portion of the Agenda Item. Ms. Helga Schwarz, 720 Gal/oway Court, Winter Springs, Florida: commented on the proposed Waiver Request and the Property Management Company. Ms. Katherine Graham, 667 Nighthawk Circle, Winter Springs, Florida: noted being opposed to the Waiver Request and mentioned her concerns with drainage. Discussion. Mayor Bush closed the "Public Input" portion of the Agenda Item. With discussion as to whether Commissioner McGinnis was affiliated with Paine- Anderson Properties, Inc., Commissioner McGinnis stated, "I do work for the Property CITY OF WINTER SPRINOS, FWRIDA MINUTES CITY COMMISSION REGULAR MEETING - MAY 23. 200$ PAGE 13 OF 24 Management Company which by the way isn't taking any position in this either way, but this would not result in any financial remuneration at all." Discussion ensued on drainage and setbacks. Mr. Allen Epstein, 22 Spring Ridge Drive, Debary, Florida: spoke on setbacks and drainage. Much discussion. "I WILL MAKE A MOTION THAT WE APPROVE THE WAIVER AS REQUESTED BY THE APPLICANT WHICH WOULD INCLUDE A FIVE FOOT (5') FRONT SETBACK ON LOT '102,' BUT REQUIRING A DRIVEWAY THAT CREATES SPACE ENOUGH TO PARK A CAR IN THE DRIVEWAY, NOT ENCROAHING ONTO THE STREET AREA, WHEN IT IS NOT IN THE GARAGE, SO I THINK THAT WOULD BE SOME CURVING TYPE DRIVEWAY THAT WE HAVE BEEN SHOWN A PICfURE OF TONIGHT, WHICH SHOULD BECOME PART OF THE RECORD." MOTION BY DEPUTY MAYOR BLAKE. SECONDED BY COMMISSIONER McGINNIS. DISCUSSION. VOTE: COMMISSIONER GILMORE: AYE COMMISSIONER KREBS: AYE DEPUTY MAYOR BLAKE: AYE COMMISSIONER McGINNIS: AYE COMMISSIONER MILLER: AYE MOTION CARRIED. PUBLIC HEARINGS 404. Community Development Department - Plannmg Division And Planning ADd Zoning Board Requests The City Commission Hold A Public Hearing For Second Reading And Adoption or Ordinance 2005-13, Which Revises The "1-1 Light Industrial" Zoning District's List or Conditional Uses To Add '~utomobUe Major Service And Major Repair Establishments (Including Body Repairs And Painting)". Attorney Garganese read the Ordinance by "Title" only. Mr. Stevenson introduced this Agenda Item to the City Commission. CITY COMMISSION AGENDA ITEM 403 CONSENT INFORMATIONAL PUBLIC HEARING X REGULAR May 23, 2005 Meeting MGR. /DEPT Authorization REQUEST: The Community Development Department recommends the City Commission hear the request for a waiver from the building setback requirements of Section 6-86 of the City Code of Ordinances, by way of Subsection 20-354 (d) (7), to allow a builder to construct 8 homes, consistent with the existing development in the Greenspointe subdivision, within the Highlands PUD . PURPOSE: The purpose of this agenda item is to consider a waiver request by Julian Demorra from the requirements of section 6-86 of the City Code of Ordinances to allow a builder to complete 8 lots of the Greenspointe subdivision, within The Highlands PUD, consistent with the existing principal building setbacks in that subdivision. The waiver request affects lots 1, 8, 13,67, 72, 82, 101, and 102, none of which has a dwelling on it. APPLICABLE CODE: Sec. 6-86. Minimum setback requirements within PUD zoning districts. Sec. 2-354. Site Development Standards [for PUDs]. CHRONOLOGY: July 12,2004 - City Commission adopts Ordinance No. 2004-31, establishing minimum building setbacks within PUDs. March 16, 2005 - City receives application package from Julian Demorra. April 7, 2005 - BOA recommends the waiver be approved. April 18, 2005 - P &Z recommends the waiver be approved. May 9,2005 - City Commission deferred a decision on the item to May 23,2005 May 23, 2005 Public Hearing Item 403 Page 2 FINDINGS: 1) The Greenspointe subdivision plat was recorded December 15, 1983, with 116 lots on 23.179 acres. 2) The applicant states that the proposed waiver request would make the homes on these 8 un-built lots consistent with the setbacks on a majority of the built lots in that subdivision. He states that the setback provisions of Subsection 6-86 would force him to build in a manner that would be inconsistent and incompatible with the surrounding neighborhood, as the new houses would not align with the existing residences. 3) The applicant states that each of the 8 new houses would have at least a 3 foot minimum side yard setback, a minimum 10 foot front and rear setback, except that lot 102 is proposed with a 5 foot front yard setback (about 13 feet from the curb) on one side and approximately 2.43 feet on the south side (for about 5 feet near the rear of the house). 4) There are no building setbacks depicted on the Greenspointe final subdivision plat, recorded in Plat Book 29, Pages 24-26, December 15, 1983. 5) The Greenspointe Homeowners' Association hierarchy has investigated the locations of various homes on the lots and has stated that it believes the applicant's request is consistent with the existing development within Greenspointe - and therefore supports the applicant's request. 6) The applicant has provided a list of signatures of persons purported to live near lots 101 and 102 who state their support for the waiver request. 7) Residents voiced concern about drainage at both the BOA and P&Z meetings; past Highlands HOA President Helga Schwarz voiced concern that the request had not been presented to the Highlands HOA; and one e-mail was received from Andrew Koberlein (643 Nighthawk Circle), stating that he opposes ".. . any changes that do not promote a minimum clearance of 1 0 feet between structures..." 8) Records of 11 homes built within the last 15 years have been examined for the existing building setbacks. The results are provided in the attachment "J". Single family residential building plans must be kept by the local government for 15 years, after which they are destroyed. 9) The waiver request must conform to all six of the waiver criteria set forth in Section . 20-34 ofthe City's Code of Ordinances. 10) Staff believes that given the size ofthe lots, the existing development with no specified primary building setbacks, and only 8 remaining vacant lots, that the primary building setbacks set forth in Section 6-86 of the City Code for zero lot line development within a planned unit development would create an illogical, impractical, and/or patently unreasonable result. 11) Staff believes that the proposed development plan supported by staff (1 0' front and rear setbacks, 3' side setbacks, except for as little as 2.43' for about 5' on the south side of Lot 102) is in substantial compliance with Chapter 20 of the City Code and with the Comprehensive Plan. 12) Staffbelieves that the proposed development plan supported by staffwill significantly enhance the real property. 13) Staff believes that the proposed development plan supported by staff serves the public health, safety, and welfare. . May 23, 2005 Public Hearing Item 403 Page 3 14) 16) Staff believes that the proposed development plan supported by staff will not diminish property values in or alter the essential character of the surrounding neighborhood. Staff believes that the proposed development plan supported by staff is the minimum waiver that will eliminate or reduce the illogical, impractical, or patently unreasonable result caused by the application of Section 6-86 by way of Subsection 20-354 (d) (7). Staff believes that the proposed development plan supported by staff is compatible with the surrounding neighborhood, as evidenced by the support of the Greeenspointe Homeowners' Association. 15) BOA RECOMMENDATION: At its regularly scheduled meeting of April 7, 2005, the Board of Adjustment voted to recommend the waiver be approved to allow 10 foot front and rear building setbacks and 3 foot side building setbacks, with as little as 2.43 feet for an approximately 5 foot long section toward the rear of the south side of the house to be built on lot 102. P& Z RECOMMENDATION: At a special April 18, 2005, Planning and Zoning Board meeting, the Planning and Zoning Board recommended the waiver be approved to allow 10 foot front and rear building setbacks and 3 foot side building setbacks, with as little as 2.43 feet for an approximately 5 foot long section toward the rear of the south side of the house to be built on lot 102. RECOMMENDATION: The BOA, P&Z, and staff recommend approval of the waiver to allow a 10 foot front and rear yard building setback, a 3 foot side building setback on each side of the building, with as little as 2.43 feet for an approximately 5 foot long portion of the south side (toward the rear of the house) for lot 102. The waiver request applies to lots 1, 8, 13,67, 72,82, 101, and 102. ATTACHMENTS: A - Location Map B - Application C - Construction plans for Hawks Landing (now Greenspointe) D - Other correspondence E - Proposed Plot Plan for lot 102 F - Section 6-86 & Subsection 20-354 (d) (7) G - Waiver criteria H - Draft BOA Minutes I - P &Z Minutes J - Greenspointe Setbacks Table CITY COMMISSION ACTION: ~ 20-33 WINTER SPRINGS CODE lution, vegetation and wildlife, open space, noxious and desirable vegetation, and flood hazards. (5) 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. - (6) Whether the proposed use will have an adverse impact on public services, includ- ing water, sewer, surface water manage- ment, police, fire, parks and recreation, streets, public transportation, marina and waterways, and bicycle and pedestrian facilities. ' (7) Whether the proposed use will have an adverse impact on housing and social con- ditions, including variety of housing unit types and prices, and neighborhood qual- ity. (Ord. No. 2004-49, ~ 2, 12-13-04) Sec. 20-34. Waivers. (a) Any real property owner may file a waiver application requesting a waiver for their real property from any term and condition of this ~aoter (except from the list of permitted, condi- tionallind prohibited uses set forth in any zoning district category) if the property owner clearly demonstrates that the applicable term or condi- tion clearly creates an illogical, impossible, im- practical, or patently unreasonable result. (b) The board of adjustment shall be required to review all waiver applications and make a written recommendation to the city commission. Such recommendation shall include. the reasons for the board's recommendation and show the board has considered the applicable waiver crite- ria set forth in this section. (c) Upon receipt of the board of adjustment's recommendation, the city commission shall make a final decision on the application. If the city commission determines that the board of adjust- ment has not made a recommendation on an application within a reasonable period of time, Supp. No.6 the city commission may, at its discretion, con- sider an application without the board of adjustment's recommendation. (d) In addition to the standard set forth in par~graph (a) above, all waiver recommendations and final decisions shall also comply with the following criteria: (1) The proposed development plan is in sub- stantial compliance with this chapter and in compliance with the comprehensive plan. (2) The proposed development plan will sig- nificantly enhance the real property. (3) The proposed development plan serves the public health, safety, and welfare. (4) The waiver will not diminish property values in or alter the essential character of the surrounding neighborhood. (5) The waiver granted is the minimum waiver that will eliminate or reduce the illogical, impossible, impractical, or patently unrea- sonable result caused by the applicable term or condition under this chapter. (6) The proposed development plan is com- patible with the surrounding neighbor- hood. (Ord. No. 2004-49, ~ 2, 12-13-04) Sec. 20-35. Administrative appeals. (a) Any final administrative decision regard- ing the enforcement or interpretation of this chap- ter, where it is alleged there is an error by an administrative official, can be appealed as let forth in this section. (b) Appeals shall be taken within thirty (30) days after such administrative decision is made by filing a written notice of appeal with the city manager stating the name of the decision maker, date of the decision, applicable code provisions and the specific grounds for appeal. Upon receipt of the notice of appeal, the city manager shall schedule the appeal before the board of adjust- ment and transmit all documents, plans, papers or other materials constituting the record upon which the action appealed from was taken. 1320 . (c) The board of adjustment shall be required to review all administrative appeals and make a recommendation to the city commission. (d) Upon receipt of the board of adjustment's recommendation, the city'bommission shall make a final decision on the administrative appeal. If the city commission determines that the board of adjustment has not made a recommendation on an administrative appeal within a reasonable period of time, the city commission. may, at its discretion, consider an application without the board of adjustment's recommendation. (e) Review of administrative decisions shall be based on the following criteria: (1) Whether the applicant was properly af- forded procedural due process; (2) Whether the decision under review is sup- ported by competent, substantial evi- dence; and (3) Whether the decision under review com- plied with applicable law, including a proper interpretation of any provision un- der this chapter. (0 The city commission shall have the right to reverse or affirm, wholly or in part, or may modify the order, requirement, decision or determination as ought to be made, and to that end, shall have all the powers of the officers from whom the appeal is taken. (Ord. No. 2004-49, ~ 2, 12-13-04) Sec. 20-36. Expiration of conditional use, variance and waiver approvals. (a) Any conditional use, variance or waiver approved by the city commission under this Divi- sion shall expire two (2) years after the effective date of such approval by the city commission, unless a building permit based upon and incorpo- rating 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, with- out public hearing, an additional six months, provided the property owner demonstrates good cause for the extension. In addition, if the afore- mentioned building permit is timely issued, and the building permit subsequently expires and the Supp. No.6 ZONING ~ 20-52 subject development project is abandoned or dis- continued for a period of six months, the condi- tional use, variance or waiver shall be deemed expired and null and void. (b) The city commission hereby finds that there may be one or more unexpired conditional use, variance, or waiver permits previously granted by the City that may have never been acted upon or abandoned by the property owner. The city com- mission finds that these unexpired permits may now be detrimental to the public health, safety, and welfare of the community due to changed circumstances in the surrounding neighborhood and changes in law. Therefore, the provisions of this section shall apply retroactively to any unex- pired conditional use, variance, and waiver previ- ously granted by the city commission. It is the intent and purpose of this subsection to void any previously granted conditional use, variance, and waiver permit that does not comply with the provisions of this section and to require the prop- erty owner to reapply, under current circum- stances, for said permit should the property owner desire or need said permit. ,(Ord. No. 2004-49, ~ 2, 12-13-04) Sees. 20-37-20-50. Reserved. DIVISION 2. PLANNING AND ZONING BOARD* Sec. 20-51. Created. There is hereby created a planning and zoning board for the city. (Ord. No. 44, ~ 44.04, 1-8-68) t Sec. 20-52. Composition, appointment of members. The planning and zoning board shall consist of five (5) members having designated seats one (1) through five (5) with such numbers corresponding with the commission seat. Each member shall be a citizen and registered voter of the city and each .Cross reference-Boards, committees, commissions, ~ 2-41 et seq. 1321 , , .I l , '1)'1 ,I" I . ~'~ II, -~~. ~ ',,'II! > .;; ~ . t'" ~" 4. ,j. - .'.,. :! $1' ~l ~~..\, ~:g ~m.i~; :.1 ., il~~<jo;':' -J ~ ~ ~ "ii! i Q Q: II : . ''i'-:-: ,,..: ~ ~ ::J;", !:: ~ ~r: - ; ,.~- t:5 ::IE J:JCJ .~~.!f .... i "...~ ,r..,.- - 2C::=> ....!f. IOi <:!;S " .. -'\., - ~ = ~ ,.... .. -;I ~ ~;: "~; ~ <-> ~ !:f!'= I: If e5, ,I ,. . 'fl. >- c:::> "'f-JIlI;:( ~ 8 .. k""": :::;t:= *l'" 48 -"=s. ". c....:> b. 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