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HomeMy WebLinkAbout2008 12 18 Public Hearings 500 Request for Waiver for 510 Moss RoadBOARD OF ADJUSTMENT ITEM 500 December 18, 2008 Meeting CONSENT INFORMATIONAL PUBLIC HEARING X REGULAR Department REQUEST: The Community Development Department recommends the BOA hear the request for a waiver from the 20 foot side yard setback set forth in Section 20-146 of the City Code, pursuant to the waiver criteria and procedure detailed in Section 20-34, to allow an open garage structure to be constructed at 510 Moss Road, within 10 feet of the side lot line. PURPOSE: The purpose of this agenda item is to consider a waiver request by Walter Stephens from the 20 foot minimum side yard building setback along the southern property line in order that an open garage structure can be built on an existing slab. FUTURE LAND USE & ZONING DESIGNATION: Future Land Use Designation: Rural Residential Zoning District: APPLICABLE CODE: Chapter 163, FS Comprehensive Plan Chapter 6 of the City Code Chapter 9 of City Code Chapter 20 of City Code AGENDA R-C1 Single Family Dwelling District CHRONOLOGY: November 12, 2008 -City received application package from Walter Stephens for a waiver on the side setback. December 4, 2008 -BOA met without a quorum; voted to meet on December 18, 2008 CONSIDERATIONS: The applicant is seeking a waiver to the side setback in order that he can use an existing slab to building an open garage to park his recreational vehicle (RV). The existing slab is located in an area covered by trees and its use for the open garage would allow the structure to be installed without the need to take down any trees. If the structure were to be moved the additional 10 feet into the property, it would be more visible from the street, it December 18, 2008 Public Hearing Item 500 Page 2 of 3 would require additional trees to be removed, and would render the existing slab useless. The abutting property owners to the south would be the most affected by the granting of this waiver. They have submitted a letter stating that they have no objection to the waiver. The proposed garage would be approximately 600 square feet in size. This is below the allowable area for a detached garage on this site. The principle structure is 1,957 square feet, allowing a detached garage of up to 653 square feet. The structure size will be confirmed at the time of the building permit should the waiver be approved. FINDINGS: 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. Staff fmds no conflicts with the comprehensive plan and no conflict with other parts of the zoning code (Chapter 20). 2) The proposed development plan will significantly enhance the real property. Staff believes the plan meets this criterion by providing for the use of an existing slab and negating the need to take down any trees while allowing the garage to be located underneath an existing tree canopy, buffered from the adjoining roadways. 3) The proposed development plan serves the public health, safety, and welfare. Staff believes the plan does meet this criterion, since use of the existing slab will allow for the greatest degree of buffering of the proposed garage from the roadways. 4) The waiver will not diminish property values in or alter the essential character of the surrounding neighborhood. Staff believes the waiver will not diminish property values and will not alter the essential character of the surrounding neighborhood in a negative manner. The closest property owner to the proposed garage location has stated that they have no objections to the waiver. 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 the minimum request that allows for the garage to be located in an area that is already cleared, has a slab, and is buffered from the roadways by exiting tree canopy and vegetation. 6) The proposed development plan is compatible with the surrounding neighborhood. December 18, 2008 Public Hearing Item 500 Page 3 of 3 Staff believes the proposed building setback and development plan is compatible with the surrounding neighborhood. RECOMMENDATION: Staff recommends approval of the setback waiver request since we believe it does meet all of the 6 criteria for this site. ATTACHMENTS: A -Application package B -Site Survey C -Letter from Neighbor at 520 S. Moss Road BOA ACTION: ATTACHMENT A CITY OF WINTER SPRINGS COMMUNITY DEVELOPMENT DEPARTMENT 1126 STATE ROAD 434 WINTER SPRINGS, FL 32708 407-327-5966 FAX:407-327-6695 :~ o~~ 0~'7~5 BOARD OF ADJUSTMENT APPLICATION ^ CONDITIONAL USE /SPECIAL EXCEPTION ^ VARIANCE WAIVER APPLICANT: S % E/.~~-E~/-S~ W/~1-J~1~ l~ Last First Middle MAILING ADDRESS: ~/~ SO. ~ytosS ~QE) / rty State Zi~,Code PHONE & EMAIL l~0'7~ ~ / ~ - ~ ~ 33 ~~ ~ -~!~P~'~-g G'~ ~'~/fo~ , C~~ If Applicant does NOT own the property PROPERTY OWNER: Last First Middle MAILING ADDRESS: City State Zip Code PHONE & EMAIL This request is for the real property described below: PROPERTY ADDRESS: ~/O S, ~ ySS ~c TAX PARCEL NUMBER: ~` ~ - ~- ~ - ~ ~ _ -~~' ~ ` ©~ ~ ~ ~ ~ ®~ ~ SIZE OF PARCEL: / '' ~ Square Feet Acres EXISTING LAND USE: ~~'~t~itlTi~-~ Current FUTURE LAND USE Classification: RGG/t'!-< ~SrD~K' T 1~ ~ Current ZONING Classification: /C 1 ~ ~ _. Please state YOUR REQUEST: .Sf©E -SE ~~~~ ~'~~~~~Cf ~.9~ ;1fJ~ ]'O ~O ~ March 2005 ~~~~5 e n~, Y._o.°tiAFa •,,~ 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 final 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: C-~/A copy of the most recent SURVEY of the. subject property. C9" A copy of the LEGAL DESCRIPTION reflecting the property boundaries. C>~J11 x 17 MAP showing ADJACENT STREETS and ZONING AND LAND USE classifications on the ADJACENT PROPERTY. [~ JUSTIFICATION for the Request (See Attached List) NAMES and ADDRESSES of each property owner within 150 ft. of each property line. f9' Notarized AUTHORIZATION of the Owner, IF the Applicant is other than the Owner or Attorney for the Owner (see below). Ii~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 $ ~!d " 2 Mazch 2(~5 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: This is to certify that I am the Owner in fee simple of subject lands described within this Application for Board of Adjustment consjr~ration: ~ Sworn to and subscribed before me this ~~ day of 1.1~1'd~/~t3F~- 20 ~ -Personally Known Produced Identification: (Type) ~ OL Did take an Oath Did Not take and Oath l Noti# Pu lic My Commission expires: t~l ~ ~~a ~~ MIC~F~~tL~~~ul~~~~}'O 4~bM~~~On~~ ,,•~'Vyr f""N, (,orrlm# DD0831147 3~~~'" Expires 1W15/2012 '' :'~.°' `~ Fbrida NofsryAsan., Inc ' ~Lii~~~ FOR USE WHEN APPLICANT IS NOT OWNER OF THE SUBJECT REAL PROPERTY: 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 of Owner(s) Sworn to and subscribed before me this day of 20 Personally Known Produced ID: (Type) _ Did take an Oath Did Not take and Oath Notary Public My Commission expires: Mazch 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)]. Please explain how your request meets this reyy,irement (use a separate sheet if necessary). X ~%y~, i7~i~'6 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: ^ What is the Waiver you are requesting? ~~~QL1 ,~uFs~~r6 ~ l^%A~°J~~ Q-u~c.1 ~+~ Ty i3~r~~/~ ,~9 GA~.~ /sic' ~y /ho~'°,~f~'f''~ ~~ ~ti ~X~s; l~~6 ~onK~~ s~ d~l~Ir/~ f~ /v' ~~~ sfa,~ , f~~'~Ty.~i,~.~ ^ 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? ~t j E~'~~ /~'T ~gR TffL` S f T ~~~ ^ Will the proposed development plan significantly enhance the real property? az~ ~,~~~~ ~~,~,~.~ ..fir se~f~~h~: - on~i/~f ,var s~~s~;~;~,~; ~r ^ Will the proposed development plan serve the public health, safety, and welfare of the City of Winter Springs ? CONTINUED ON NEXT PAGE 4 Mazch 2005 l~aut~ fiy _.~ X7'0 ~`~T ~~~~.r SEyf~z j'iEEf~ , ~ ~,~c~~~® />I2~f~R ^lo T To G'tr T a~vN ~ie.E.~S, ^ Will the waiver diminish property values in or alter the essential character of the surrounding neighborhood? ^ 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? __~/,E~ ^ Is the proposed development plan compatible with the surrounding neighborhood? Y'E~ ~ /h/tNy plcT/Tu~ c.D/•/~ ~,~'is : {`N ?if~f s ,~~`/6/~~~e~ Mazch 2(~5 ... ;:~,, \ ~ iti „ 4 '~ i~ ", r: ~ ~, .,'~:: ,~ ~ '~ ~,~ ~' ~ x~ ,a P: °a:;~ ~L~i.. . r 4~ .:, i ,.~ ~ ' ~„ :.r~r ~4",t~ A, E~ x ~, aa~: , . ~. ~r'~ ~'3 . i ~ I. I~ . ty~ fit;; ~.~ y„ . _. "~,T ~' ,. ~, _. , ~;, .f ~~. ,. -'- , F ,S X,• ~ V ~. e !Y%'~ia~ is ,~ . LA . OF BOUNDARY SURVEY FOUND 1/2' IRON ROD (NO identification) ~. ~, v _ > 0 0 - ~ Z Z O O A A N W ~ ? [P O (T O ~ ~ ~, ~; LOT B '^' i i t0 uJ in in N tD ~ ~ SCALE: t" 40' FOUND 3/4" IRON PIPE (No identification) Fence Corner is 0.4' E. and 0.1' S. SHEET 1 FOR DESCRIPTION, N~~TES AND LEGEND BISON SURVEYING AND MAPPING INC. PROFES90NAL SUR ~ 4EYORS ND MAPPERS C ertificate of Authorization IyLB 6948 5 M 32589 Okalooso Trail I Sorrento, Florida 32712 I ~N~ Phone: (352) 735-1263 I JOB N0. 07 -06997 Sheet 2 of 2 ' LOT 1 BLOCK "B" Asphalt Pavement PANAMA ROAD (R/W Varies per P.B. 12, Page 34) FOUND 4"x4' CONC. MONUMENT N89'S4'S1"E 250.65'(M) (No identification) N89'S4'51"E 250.78'(P) ., N to ~o • p O o ry ebb A ~ '75.5' N ~ O ?O' r, ~O'^~ ~ ~ e _ o > ~ D " 1 s ~ J m 6~.Z' to mz 0. £ Cn . C a ~ e e '~ '? x ~, s~o ~ ~ " o ~ ~ o ~ ~, l e N ~ _. %t7 3 e xp. w ~j N C1 ~ g ~ .. .P. ~ C o 0 P D I I ~ nc C . o Pad 585'26'00"W 250.00'(P) Fence Comer Is ON UNE 09'(M) 250 " ' . 55 W 585'30 y FOUND 5/B' IRON ROD LOT 2 (No identification) I .~ ATTACHMENT C October 29, 2008 To Whom It May Concern: It is our understanding that our next door neighbor, Walter Stephens, wishes to build a pole type barn on an existing concrete slab approximately 10' from our shared property line. Since zoning requires a 20' setback, Mr. Stephens is requesting a waiver to allow a 10' setback. We do not object to waiving the 20' setback thereby allowing Mr. Stephens to proceed with a 10' setback. Sincerely, David and Suzanne Checefsky 520 S. Moss Road Winter Springs, Fl. 32708 /~ la avid Checefs y ~~ Suz e Checefsky Board Of Adjustment Special Meeting December 18, 2008 Public Hearings 500 The attached Aerial Photograph was distributed to the Board Members. a ~ 5 / ~!` •v Cf TOP tf~r~R -- ~~~ ~~~ Ei~ih~$R ("c~ECEFskY) ~ ~.~,~~,~~ ~ ,fir ~ -- r',~'~-En SPR.~~vGS - _, ev „ter,,, (c) Copyright 2007, Pictometry International Corp.