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HomeMy WebLinkAbout2009 05 21 Public Hearings 503 Request For Waiver at 115 West Tradewinds RoadBOARD OF ADJUSTMENT AGENDA CONSENT ITEM 503 May 21, 2009 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 and 35 foot rear yard setback set forth in Section 20-146 of the City Code for accessory structures exceeding 240 square feet (Section 6- 84), pursuant to the waiver criteria and procedure detailed in Section 20-34, to allow the expansion of an existing 530 square foot garage at 115 West Tradewinds Road, within approximately 15 feet of the side lot line and the existing portion of the building to remain within approximately 14 feet of the rear property line. PURPOSE: The purpose of this agenda item is to consider a waiver request by Todd Fante from the 20 foot minimum side yard building setback along the western property line and the 35 foot rear yard building setback in order that an existing garage structure can be expanded. FUTURE LAND USE & ZONING DESIGNATION: Future Land Use Designation: Rural Residential Zoning District: R-C 1 Single Family Dwelling District APPLICABLE CODE: Chapter 163, FS Comprehensive Plan Chapter 6 of the City Code Chapter 9 of City Code Chapter 20 of City Code CONSIDERATIONS: The applicant is seeking a waiver to the side and rear setback in order to expand an existing accessory structure. The existing garage is located to the rear of a lot that is more than 340 feet deep, is more than 138 feet wide, and is approximately 14 feet away from a tall masonry wall in the rear. The abutting property owners to the west would be the most affected by the granting of this waiver. They, along with the abutting property owners to the east, have submitted a letter stating that they have no objection to the waiver. The proposed May 21, 2009 Public Hearing Item 503 Page 2 of 3 garage would be approximately 1060 square feet in size and would be of the same design and appearance from the road as the existing structure. The applicant is also seeking a conditional use for the size of the proposed structure. 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 finds no conflicts with the comprehensive plan and no conflict with other parts of the zoning code (Chapter 20), except as noted. The applicant is requesting the setback waiver in conjunction with the conditional use for the size (area) being proposed. 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 structure and negating the need to take down any trees. 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 structure will provide an unchanged view from the roadway. The abutting neighbors state they have no objection. 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 incorporate the existing structure. 6) The proposed development plan is compatible with the surrounding neighborhood. Staff believes the proposed building setback and development plan is compatible with the surrounding neighborhood. May 21, 2009 Public Hearing Item 503 Page 3 of 3 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-Location Map & Plat B-Applicable Code C-Application package BOA ACTION: - ATTACHMENT A ~- ... ' ~ae ion 150 ..160 x._/75 185 195 ' 136 - 38.3 1 ~0 24T l3li ~ /65 - ~ ..,..~ ~ I55 /45 ~ -. 135 /,.5 X . h H / 400; O 4n. - 405 - _ '~., 200 G Oro ' r .,..._._` ....,.,.. _. .... _.,... - ,• ~,,,. ~,_,...._ ~ ~ , ~ ~~ - ; ,, ', -; 410 ' . , ~ , . .. " -... _ ': ': 160 18n 1711 ..... 414 F 140 ISn ... 4u~ .. _._. ' 13(1 .._ / 7r1 .. .._.. ~. 116 _ _ ._ , ? 201 !/0 _. _... .. ., _, - 135 ---~ _ " : SOS „ .~ 115 ~ 500 ~.--- - 1lll~~ I \ ' r ~ .,, ~ 1 \ , v ~~f s10 ',, J .... ~ .. N _ a09. a. _ . _ .. ~ ~ ~ --_ a ~v a _ c - .= 5?n o c 0 5I5 D ; 30 ' ~ r 510 ll U . 180 - ~ _ - ~` 160 170 ~ I50 ~; ~~ _~ 14r1 - .. ~ .. ... 185 191 95 ~. 10 ( /~ _ ~ 1 ~0 NO .. , I75 STJ ._~.. .-.. 165 EA RANCH I 0.. ~ ~ C _ l 1 rl 6VEST . . - 15S l I S 135 145 '; , ARK ~ - ~~ 135 ~ __.. 1115 `, Ins (EAST) ~ 1?S I15 (dVESTj - ~; B - ~, -~ r''+ ~ A / P Southern Boundary ~ - R ~ ~ ~ a . d • 5 • 6 • 7 • 8 NOTES: ~~L-J W LL _ Municipal Address Map Book D 225 450 PQ h PRINTED: REVISED: Feel ti ' n Oct 2006 1 : 2 : 3 ' • •' ~ '~ m City of Winter Springs, FL Pa a 2436 KEY N Za o ~ o V `~ u1v ~ ~~ PLAT BOOK 31 PAGE /9 OAK HlL L ESTATES DEDICAT/ON KNON ALL MEN RY THESE PRESEIITS, that GARLOS REVIERA, bei ~ thr owner of the lands described SECT/ON /O, TOWNSH/P 2I SOUTH, RANGE 30 EAST hereon, daea hereby dedicate said lands and Pl of !or the uses and rurposes Iherean esp resard and ro De known as OAK KILL ESTATES and in N iNE55 CITY OF W/NTER SPR/NGS, SEM/MOLE COUNTY, FLORIDA TIf , nl{is his hand and seal fhlsr~p[eay DESCRIPTION ~o/sl..,~ IBBS. Lol 9, Block D, NORTH ORL AN00 RANCHES SEC 1, according fa /he Pl al !-~!/Sa~ ~/ ^ "~ thereol as recorded in PI aI Book 12, page 3, o/ the Public Records of ~L'nI•~TNE~SS~~~ ~,D CMLOS REVIERA Sen~no le Caunfy, Florida e=!z'e`r•"-'4'e+~ R RIiHE55 ~r . FG`~.~ AcKNOwLEDGEMEN,T: ' ~~ S7A7E OF fLORIDA COUNTY OF SENIiIOLE THIS IS 70 CERTIFY, Ihot De{are •e, on of/ e C/7~_ ~ oy rf O duly authorized to lake acknowledge•enls,. ' T- OF V L/ REVIERA, whose signolure apgeora abore di' e+ p 1,.~ cute the loregoing dedical ion os o /ree ; ~"r!H deed. IN NITNESS THEREOF, 1 hove he ret • :~ , T~.` hood and .seal fhia~paY of nEa''o. ~'S Ieei _ ,A•~ ~^-'YIH~s NOTARY PURL ]j~ Ny Lowni sa ion Expires. a-.~.. ~ ~ / ' '. CERTIFICATIONS i ~ ---- ~ •v•:):r7^' ~=%*'-^'!v. ~ MORiDAf,EE hereby consents to the Platliny of the ~~ ,:/>; ;; ,, ~//_~: ,`,'i=",;; 1 i lands hereon described and agrees in ,rent o{ ~ I larecloaure the dedicohon above shall re•oin ~~ TiQ~~ ~ ~- '--. ''=' ~ ° ~ ,I lolly effective. >;seb,\'+;%,(,~~_ II I~ ~~`9~ lln•~a1R r.wey ° Sao `S - 1 NESS MARGARET NOITER a ee '=t; 'QOM _ J L-- / 'P•ay •3 ~ SO'R%W etas LiNe M >~~- -- - T' A 5 e9 oTSY N' ^ wry a <.!i a3' /Or 6' - - - - C OCAT/ON MAP t OID ~ ti s g,1 N1MA R ~ y i N i W/NTE t SPA/N6$ aA0 l W oI NI M ' SEC 'J 0 n1 . .~a _ SEC. /O ~ ~ ~ i o w ? I 5/TE ~s ~ F` \ F y ~\ ~JD. ~ \ ) ~ CASSELHERw~d l lr` a VVV .a: - ~ TOwNSNi r 2/ SOUTH ~esv zxir,rN_7 zs~ $T I This N to certify that S n of the 'ri sca a F.°, ~ Lands described hereon was nod ny direc- tion and the Plnl os shorn is it /correct D r °~ I a „ _.. ., ... reoresen ration nl the save on ri fh the v A~ ~•--•~'r/ -" -"'• requi re•enls of CHAPTER 177, I s. m :^ n r ~ EI L, _, ..i.3 STATF. OF FLORIDA y°n r+m °i ~ Regl sterrd Land 653 n m o ~ NT '° r h o ~1 Q '-~ This 3/rdoy o{ -TO l Z ~Ii n 2 3 4 ~'I v CITY OF MINTER SPRI NfiS, FLORIDA 'I o ~n z ~ ~` Li [[/l'UTiL//Y Eaa Er,ENT I - I/ - _- ~ J {_I/!d!'_-- ---136 <!-~'-- ---/(5.a7-__J AnPrlned ~,~,~ ~r ` ,T~~'+'° Mayor 569.02'e6'M' 50055' ,s - _,V <-.Y Attest .'1l:=~. n~~ Clerk Tilt £VY U.S':i ir'T -. - ~•E F'/=. _ This /7t! daY of ~~ .',lQ ~": NOTES: ~-~ '• • PERMANENT/RE FE JE NCE ~•~~ }y ' - < HONUMCNT PR H ~;~, • •EARIN65 eI $EO ON PLIT Of ••~~ s NORTH ORLANDO RANCNfS SEC-1 st PD /2, Pb. 3 eR6 3 </NE LOT9 eLR o, eE/N6 s. erorsc-w CLERK OF TNF CIRCUIT COURT N Correct os la Statutory cowpl loot, and N filed for~ecord ~rryySoppford, Florvda, at41}J[N t Ais /7 dar al'l/1t,7.~Lrc~ 19BR. GR4 PH 5C4 LE of the CIRCUI i, SENT NOT~COUNTY, FLA. O loo zoo- V KELLY SMITH ly RF.{iISTEREO LAND SURVEYOR NO 165.1 I B07 French Are Sanford, Flo 305/322-221.7 ATTACHMENT B DIVISION 3. R-CI SINGLE-FAMII.Y DWELLING DISTRICT Sec. 20-141. Designation. This classification is intended to apply to areas designated R-CI within the city and shall be governed by the regulations and requirements set forth in this division. (Ord. No. 44, §44.27.9, 1-8-68; Ord. No. 107, § 2, 7-29-74) Sec. 20-142. Uses permitted. Within any R-CI Single-Family Dwelling Dis- tricts, no building, structure, land or water shall be used except for the following use: ZONING $ 20-160 Sec. 20-145. Building area regulations. Each single-family dwelling shall be located on a lot or parcel of land not less than one (1) acre in size and such lot or parcel of land shall have a minimum width of one hundred twenty (120) feet at the building line. (Ord. No. 44, § 44.27.13,1-8-68; Ord. No. 107, § 6, 7-29-74) Sec. 20-146. wont, rear and side yard regu- lations. The following yazd regulations shall apply in the R-CI Single-Family Dwelling Districts: (1) Front yard. The front yazd shall not be less than fifty (50) feet in depth. (1) Single-family dwellings and their custom- '-'~ (2) Rear yard. The reaz yazd shall not be less ary accessory uses. than thirty-five (35) feet in depth. (2) Horses and ponies, allowing three-fourths of an acre per animal not to exceed ten (10) animals per lot; provided however, horses and ponies can be permitted on less than three-fourths of an acre upon recommendation by the boazd of adjust- ment. (Ord. No. 44, §44.27.10,1-8-68; Ord. No. 107, § 3, 7-29-74) Sec. 20-143. Conditional uses. There shall be no conditional uses within the R-CI Single-Family Dwelling Districts, except the following: (1) Churches; (2) Schools; (3) Public recreational areas and facilities. (Ord. No. 44, §44.27.11,1-8-68; Ord. No. 107, § 4, 7-29-74; Ord. No. 240, § 4, 5-26-81; Ord. No. 2004-49, § 2, 12-13-04) Sec. 20-144. Building height regulations. In R-CI Single-Family Dwelling Districts, no building or structure shall exceed thirty-five (35) feet in height. (Ord. No. 44, §44.27.12,1-8-68; Ord. No. 107, § 5, 7-29-74) -'i'ce (3) Side yard. The side yazds shall not be less than twenty (20) feet on each side of the dwelling structure. (4) Corner lots. On corner lots, the front yazd setback of fifty (50) feet must be main- tained on each side of the lot. (5) Minimum floor area shall be one thou- sand six hundred (1,600) squaze feet (in- cluding utility room but excluding caz- ports, gazages, breezeways, screened or open porches). (Ord. No. 44, §44.27.14, 1-8-68; Ord. No. 107, § 7, 7-29-74) Sec. 20-147. Lot coverage. Twenty (20) percent of the lot azea is the maximum which may be covered by the principal and accessory buildings or structures located within R-CI. (Ord. No. 44, § 44.27.15,1-8-68; Ord. No. 107, § 8, 7-29-74) Sec. 20-148. Off-street parking regulations. All pazking within R-CI Single-Family Dwell- ing Districts shall be off-street pazking. (Ord. No. 44, § 44.27.16,1-8-68; Ord. No. 107, § 9, 7-29-74) Secs. 20-149-20-160. Reserved. Supp. No. 6 1327 § 6-82 WINTER SPRINGS CODE Sec. 6-82. Amendment to building code. (a) Section 108.1, Appointment, of the building code adopted by this chapter is hereby amended to read as follows: "There is hereby established a board to be called the board of adjustments and appeals, which shall consist of five (5) members of the Winter Springs City Commission. The term of office for each of the five (5) seats which com- prise the board of adjustments and appeals shall be the term of office for the commissioner who occupies that particular seat. Vacancies shall be filled for an unexpired term in the same manner in which commission seat vacan- cies are filled under the terms of the City Charter for the City of Winter Springs as well as the Winter Springs Code of Ordinances." (b) In addition to the requirements of the Stan- dard Building Code Chapter 18, Section 1804- Footings and Foundations, [the following shall be added:) "In all masonry buildings there shall be a minimum of either two (2) one-half (~/2) inch or three (3) three-eighths (~/a) inch steel rods in the foundation of same." (Code 1974, § 5-3; Ord. No. 605, § I, 11-27-95) Sec. 6-83. Television dish antennas. (a) Permit required. The installation of all tele- vision dish antennas and/or satellite antennas shall require a building permit. (1) Television dish antennas or satellite an- tennas shall not be installed or attached to any part of the roof structure of any residential building. (2) Television dish antennas or satellite an- tennas may be installed on or attached to roofs of commercial or industrial build- ings but only upon submission of a certif- icate of an engineer or architect currently registered to do business in the state. Such certification shall be to the effect that a structural analysis has been made of the building and such building can safely support the specific antenna with a minimum wind loading of one hundred (100) miles per hour. (3) Television dish antennas or satellite an- tennas shall not be installed in front of the front line of any residential, commer- cial, or industrial building. (4) Television dish antennas or satellite an- tennas may only be installed in side yards or back yards of any building. (5) No portion of any antenna or support structure shall be closer than five (5) feet from any property line. (6) Television dish antennas or satellite an- tennas shall not be located on any public way, easement, or parkway. (7) Television dish antennas or satellite an- tennas shall not be installed in any des- ignated parking area of any building. (8) Mobile mounted television dish antenna or satellite antenna structure shall com- ply with all requirements (1) through (7) above. (b) Apartment and condominium buildings. Apartment or condominium buildings above three (3) stories in height shall be treated as commer- cial structures for the purpose of these regula- tions for television dish antenna or satellite an- tennas. (c) Height restriction. The installation of any television dish antenna or satellite antenna shall not exceed the height restriction set forth in the zoning ordinance for that location. (Code 1974, § 5-9) Sec. 6-84. Accessory buildings. (a) General. Accessory building means a de- tached, subordinate structure, the use of which is clearly incidental to, customarily associated with, and related to the principal structure or use of the land, and which is located on the same lot as the principal structure or use. Accessory buildings shall include storage buildings, toolhouses, pri- vate, detached garages, bathhouses (used in con- junction with swimming pool) and similar uses. No more than two (2) accessory buildings shall be allowed on any single lot. Accessory buildings shall not be used as living quarters, except that private, detached, private garages may be used as Supp. No. 13 378 BUII.DINGS AND BUII,DING REGULATIONS (b) Height and size restrictions. The ma~mum height shall be twelve (12) feet measured from ground level. The ma~mum size of any structure shall be two hundred forty (240) square feet. (c) Location. All accessory buildings shall be located to the reaz of the e~sting 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) Corner setback-On all corner lots the m;n;mum open sideyazd setback shall be that of the principal building. (2) sear yard setback-Shall be a minimum of~(6) feet. (3) Side yazd setback hall 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. (f) 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 under 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. § 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 ma~.mum 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 aze uni- fled 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 sepazated. (Code 1974, § 6-10; 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" shall mean an enclosure consisting entirely of screen mesh, except for minimum essential structural framework re- quired for its support. (b) Mesh; load requirements. Mess h_ sees shall not be smaller than twenty (20) by twenty (20) threads per inch, nor larger an eig teen (18) threads by fourteen (14) threads per inch. Design computations and construction details of screen Supp. No. 6 378.1 ATTACHMENT C CITY OF WINTER SPRINGS COMMUNITY DEVELOPMENT DEPARTMENIRE~;EIVED 1126 STATE ROAD 434 ~~R Q~ 2~ WINTER SPRINGS, FL 32708 407-327-5966 ciTMP~r~lros FAX:407-327-6695 BOARD OF ADJUSTMENT APPLICATION ^ CONDITIONAL USE /SPECIAL EXCEPTION ~~~ V ~~~ b d ~,~ Q ^ VARIANCE WAIVER LL APPLICANT: ~ I'J I i y 1~^i ~. Last First Middle MAILING ADDRESS: City jJ State Zip Co e PHONE & EMAIL '~_t "~~' t ~ l ~1 Ei ~ 17 Z -4.l,r:v!t~ ~ ~~~ ,!~ ('~JN~r. If Applicant does NOT own the property: PROPERTY OWNER: MAILING ADDRESS: PHONE & EMAIL Last City Middle Zip Code This request is for the real property described below: PROPERTY ADDRESS: 1 \ ~ C1~ ~~l..l.~s i1R~S ~~J TAX PARCEL NUMBER: U ' Z ~ _ ~ D --S I ~ -' G UCH -- OOZ ~~ SIZE OF PARCEL: Square Feet Acres EXISTING LAND USE: ~~~.~ ~,~~- Current FUTURE LAND USE Classification: c~. ~-~`'~- Current ZONING Classification: _~C Please state YOUR REQUEST: 10 (~+~ O ~+`~ L~'~ bi: Much 2005 The APPLICANT IS RESPONSIBLE for posting the blue notice cazd (provided by the City) on the site at least SEVEN (7) DAYS prior to the Boazd 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 regazding vaziances, 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: ^ A copy of the most recent SURVEY of the subject property. ^ A copy of the LEGAL DESCRIPTION reflecting the property boundaries. ^ 11 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. ^ Notarized AUTHORIZATION of the Owner, IF the Applicant is other than the Owner or Attorney for the O~,rmer (see below). ^ 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 5 0 ' VARIANCE $ 500 TOTAL DUE $ ~~~ 2 Mazch 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. ~**+****~*************~*************~***+***r*****r*******+*******+***********~~****** FOR USE WHEN APPLICANT IS OWNER OF THE SUBJECT REAL PROPERTY: This is to certify that I am the Owner 'n fee simple of subject lands described within this Application for B and of stment con iderati Signa re of Owner /y~ ~ ~ ~ /~ Sworn to and subscribed before me this `0~~''~ "'r ' `M r X ~ day of 20~. Notary Public My Commission expires: Personally Known ; r~MY:y;~•.,, TAMMY d YUCFIAN Produced Identification: _ ~ * MY COMMISSION N DD 565327 (Type) „• :'~ EXPIRES: July 28, 2010 '~ of;h~''` B"~a°d mN ri«.y rubric uMsiv~len Did take an Oath Did Not take and Oath 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 Numb er(s) Located at Signature of Owner(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 Match 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 (Wintersprings Code of Ordinances, section 20-34 (a)]. 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: Ws~,,~,Sr,a ~~ ^ What is the Waiver you Darer req~u~esting?''i-r~, ~ `l~J~-•~~~ f~~-1 ~~+~ Il ~ .~' ~ ..rJ~ 'TPY', f'~ G~ X17 l A'f' l..r./~~Ci f'~ ~ 1 °J-~ . S C ~~~ ^ 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? ^ Will the proposed development plan significantly enhance the real property? ~~ ^ Will the proposed development plan serve the public health, safety, and welfare of the City of Winter Springs ? ~b CONTINUED ON NEXT PAGE Mash 2005 ^ Will the waiver diminish property values in or alter the essential character of the surrounding neighborhood? t~ D ^ 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? t ~ `f ~~ ^ Is the proposed development plan compatible with the surrounding neighborhood? ~~ Match 2005 t ~ ~ _,_ ,. [~. , ~« [ L' i r r !' 370 Waymont Court • Lake Mary, FL 32746 • Voice 407.688.7631 • Fax 407.688.7691 ~ - Lat 3, OAX H/LL ESTATES, according to the plat thereof, as recorded in Plat Book 31, Page(s) 19, of the Public Records of Seminole County, FL. rl.R. I/?' LOT2 Community number: 110195 Panel: 0170 Sujftx: F F.I.R.M. Date: 4/17/1995 Flood Zone: X Date ojfield work: 2/13/1008 Complellon Date: 2/14/1008 p TR40 (BrP'e°'eDJ ry' ~ ~ , EWINOSRpq~ Certi,Jied to.• ~ , _ 50'lQ/w Todd Fante; Jennifer Fante; Equitable Title ojSeminole County, LLC; ~- _ _~ _ ~ Lawyers Title Insurance Corporation; The Money Source, Ina, its' F.LR. r/?• r o successors and/or assigns. i~ E C E 1 V E 1~ ry /N OAK TREE ~J l.3 J r.LR.I/?' 589'02'!6 "W 138. ~9' P. 58906'30"W IJB.SF' M. a.R. WTC7IELL'S SiR7LEY ' OF 1NE CEW CRART P.B. I PG 3 C-? (P.J d>•IZ7'17- R~36B.97' L~1~.J?' C~II.JI' CB~5717B 39T C-? (M.J d~I7B'~9' R~36d97' L~~1.19' C~~I. M' CB~S7/71Yi~ Property Address: / 1 S West Tradewinds Road Winter Springs, FL 32708 Survey number: SL 95357 EGEND o- Woad Fence o- Wire Fence L.F. Chain Link Fence i. Found Nail )NC Concrete Field Measured Clear ICR Encroachment Centerline Concrete Property Line M. Concrete Monument R. Found Iron Rod P. found Iron Pipe W Right of Way -D Nail & Disk E. Drainage Easement E. Utility Easement Found Plat H.U. Overhead Utilities Power Pole Transformer iTV Cable Riser Chord Bearing '_C. Found Cross Cut Field W.M. Water Meter TEL. Telephone Facilities ® Covered Area B.R. Bearing Reference CH Chord PAD Radial A7C Air Conditioner B.M. Bench Mark C Cakulated Zzzz Block Wall p CenVal Angle/Delta D.B. Deed Book D. Description or Deed D.H. Drill Hole OM/ Driveway ESMT Easement EL Elevation FF Finished Floor F C.M. Found Con[re[e Monument F.P.K. Found Parker-Kalov Nail L Length L.B. Licensed Business LA.E. Umited Access Easement ~~ Line Break Not to Scale M.H. Manhole O Found OHL Overhead Lines N.T S. No[ to Scale O.R. Official Records O.R.B. Offcial Records Book P.C.P. Permanent ConV91 Point P.R.M. Permanent Reference Monument PG. Page PVMT. Pavement E.O.P. Edge of Pavement P.B. Plat Book PO.B. Point of Beginning P.O.C. Point of Commencement P.O.L Point an Une P.C. Point of Curvature P.R.C. Point of Reverse Curvature P.T. Point of Tangency R. Radius (Radial) R.O.E. Roof Overhang Easement S.I.R. Set Iran Rod & Cap ShV Sidewalk T.O.B. T p of Bank TYP. Typical W.C. Witness Corner 10.05 Existing Elevation E.O.W Edge of Water P.C.C. Point of Compound Curve PI Point of lnierseRion TB.M. Temporary Bench Mark CITY OF WI~1T R,,SSPRINGS Partnrtfi a Chnsly .l-C!H7U OF'I.ANC+O ) I ~~ RJ.~C:: E.'. .ef.'C :t I `\~q a, rL sn J¢ I I ±,a ~ I e wN\ I I awYiry. " Ya e~.'a. __ ^`~''~ Ha ate. RLANO.^^, ; g^ `F.;C. 4 ~ ; Nr.~R7. p 8 r a I E.: ~~ /3 ~ gv 8a ,I; " O t ~ ? + si .N Y ___ --~•ar __~ ___ LOCAT/ON SKETCH' Nor fo Scale C-I (P.J M IJ79.O~' ~ R~SBG 97' Q L~IJ?.13' C~IJI.93' C@~SB07?71'E W ~ C-i (M) M iJ7977' R~SBa 97' [-IJ2J/' C~1J20?' ~ C@~SB0710B'E rw GENERAL NOTES 1. legal description provided by others. 2. The lands shown hereon were not absVacted for easements or other record- ed encumbrances not shown on the plat. 3. Underground portions of footings, foun- dations or other improvements were not located. 4. Wall ties are to the face of the wall. 5. Only visible encroachments located. 6. No identification found on property corners unless noted. 7. Dimensions shown are plat and measured unless otherwise noted. R. Elevations if shown are based upon N.G.VD. 1929 unless otherwise noted. 9. Adjoining lots are within the same block, unless otherwise noted. 10. This is a BOUNDARY SURVEY unless otherwise noted. 11. Not valid unless sealed with the signing surveyors emhossed seal. I hereby [Mitt' Nor this survey is a true arM mrr - ~ L.B. 7132 / Ralph Swe - _ _ Louis R. Ra 12. FLOOD ZONE DETERMINATIONS ARE PROVIDED AS A COURTESY ONLY, AND ARE DEFWED FROM THE BEST SOURCES AVAILABLE TO THE SURVEYOR. THIS INFORMATION SHOULD NOT BE RELIED UPON FOR FLOODINSURANCE PURPOSES, AND MAY DIFFER FROM INFORMATION PROVIDED RY OTHERS. 13. Septic tank and/or drainfield laations are approximate and MUST be verified by aDDropriate utility location companies. 14. Be.ariny basis shown per plat unless otherwise shown. 15. Survey 's for r ren~jp~~ only unless signed an seal b a ijbrida Registered Land S yor. ~ ~~ A direction. rolOff R - teredTand Surveyor No. 3411 mire2 o/essional Survevw and Mammer Nu. 6304 Seminole County Property Appraiser Get Information by Parcel Number Page 1 of 2 tt t ?fi ~ 4.0 4.A 73''~ .~ 2 f5_. '~ <, A B r ~ AhVID.10HNBf7N. cFw.ASA t ~ s .,,R ~ a . j _. '~f~ '~'~ t ~ f 7.A. ~ A3 ~ 3 b.A 5 ' = r RRQPERTY . r th-8 0 , , , r e~+~. ~ AP'P1tA15ER svt~wote coa rzrv fl.. t,~. y `i t ! D 2 t 7.A ~` ~,~ ,~ _ ~,~ ',3 -, 8.A ~ 7 z~rep ,~ ~ ~ ~ _ D ~ ~ ~ 1 ><~ I ,;, I~ 1ID1 E„F~RSZSr yt t,i ~ ~~ ~ '~ ~ r^'''~ t ~ ~r,4~ ~ ~~ ~ ~ 9ANFOR'O«FL 323'74-7-058 t yt 1 f;i ~ " '. ~ Pl 5 AO-/-fir X7505 ~ . !~ 1 ~ + t "s3 ~ i t ~~ ~ tir 1 ~ ~ 7 , 3t 16q 6a tGt.- i' „1~ iM1 8i' VALUE SUMMARY VALUES ?009 2008 GENERAL Working Certified Parcel Id: 10-21-30-510-0000-0030 Value Method CosUMarket CosUMarket Owner: FANTE TODD B 8 JENNIFER L Number of Buildings 1 1 Mailing Address: 115 W TRADEWINDS RD Depreciated Bldg Value $179,158 $198,742 City,State,ZipCode: WINTER SPRINGS FL 32708 Depreciated EXFT Value $12,818 $13,375 Property Address: 115 TRADEWINDS RD W WINTER SPRINGS 32708 Land Value (Market) $92,150 $92,150 Subdivision Name: OAK HILL ESTATES Land Value Ag $0 $0 Tax District: W1-WINTER SPRINGS JusUMarket Value $284,126 $304,267 Exemptions: 00-HOMESTEAD (2009) Portablity Adj $0 $0 Dor: 01-SINGLE FAMILY Save Our Homes Adj $0 $0 Assessed Value (SOH) $284,126 $304,267 Tax Estimator 2009 TAXABLE VALUE WORKING ESTIMATE Taxing Authority Assessment Value Exempt Values Taxable Value County General Fund $284,126 $50,000 $234,126 Schools $284,126 $25, 000 $259,126 City Winter Springs $284,126 $50,000 $234,126 Fire $284,126 $50, 000 $234,126 Winter Springs Bonds $284,126 $50,000 $234,126 SJWM(SaintJohns Water Management) $284,126 $50,000 $234,126 County Bonds $284,126 $50,000 $234,126 The taxable values and taxes are calculated using the current years working values and the prior years approved millage rates. SALES Deed Date Book Page Amount Vacllmp Qualified CORRECTIVE DEED 06/2008 07019 1776 $100 Improved No 2008 VALUE SUMMARY WARRANTY DEED 02/2008 06957 1514 $325,000 Improved Yes 2008 Tax Bill Amount: $5,334 QUIT CLAIM DEED 01/2000 03801 1215 $57,300 Improved No 2008 Certified Taxable Value and Taxes WARRANTY DEED 11/1993 02683 1140 $168,500 Improved Yes DOES NOT INCLUDE NON-AD VALOREM ASSESSMENTS WARRANTY DEED 06/1992 02445 0010 $142,000 Improved Yes WARRANTY DEED 10/1984 07588 1365 $26,000 Vacant Yes Find Comparable Sales within this Subdivision LAND LEGAL DESCRIPTION Land Assess Method Frontage Depth Land Units Unit Price Land Value PLATS:, Pick._ ACREAGE 0 0 .970 95,000.00 $92,150 LEG LOT 3 OAK HILL ESTATES PB 31 PG 19 BUILDING INFORMATION Bld Num Bld Type Year Blt Fixtures Base SF Gross SF Living SF Ext Wall Bld Value Est. Cost New Building 1 SINGLE FAMILY 1985 7 2,121 3,298 Sketch 2,121 BRICK/WOOD FRAMING $179,158 $197,965 Appendage / Sgft OPEN PORCH FINISHED / 297 Appendage I Sgft GARAGE FINISHED / 460 Appendage / Sgft DETACHED GARAGE FINISHED / 420 NOTE: Appendage Codes included in Living Area: Base, Upper Story Base, Upper Story Finished, Apartment, Enclosed Porch Finished,l3ase Semi Finshed Perm its EXTRA FEATURE http://www. scpafl. org/web/re_web. seminole_county_title?PARCEL=10213 05100000003 0... 5 / 14/2009 Seminole County Property Appraiser Get Information by Parcel Number Page 2 of 2 Description Year Blt Units EXFT Value Est. Cost New POOLGUNITE 1992 360 $4,140 $7,200 SCREEN ENCLOSURE 1992 1,990 $1,727 $3,980 COOL DECK PATIO 1992 330 $664 $1,155 CONC UTILITY BLDG 1985 30 $109 $210 SOLAR HEATER 1996 1 $440 $1,100 CONCRETE DRIVEWAY 4 INCH 1996 3,400 $5,738 $8,500 NOTE: Assessed values shown are NOT certified values and therefore are subject to change before being finalized for ad valorem tax purposes. "*" If you recently purchased a homesteaded property your next Year's property tax will be based on Jusf/Market value. http://www.scpafl.org/web/re_web.seminole_county title?PARCEL=10213051000000030... 5/14/2009 February 4, 2009 City of Winter Springs Winter Springs, FL 32708 To Whom /t May Concern: RECEIVED a~r~ o s zoo9 CITY OF WINTER SPRINGS Pennittirip _ Chesty We, Mike and Cathy Dwyer, live at 125 W. Tradewinds Rd., Winter Springs Florida are writing this letter on behalf of Todd and Jennifer Fante, our neighbors at 115 W. Tradewinds Rd. Todd has described to us his plans to enlarge the existing detached garage located on his property. We have no objection to Todd's plans, and support the approval of his request. If you have any questions, or we if we can provide any further assistance, please feel free to contact meat 407-405-2660 Thank you, ~~ ~ lv ~/ CathyDwyer a/~~c~ ~: ~/ G ~ 7~ a-~ ~v' ~1 ~ `~ r~'~ RECEIVED /~,~ n ~~R 0 6 200 -j"~ ~~ ~~~ ~ ~Y11 ~~~ C C/I' ~L CITY O~WI~NpE~ sYING3 (~~ ~ / ~, ~ v Sri ~ ~ h~ .~x p ~~, n.~D ~2~~ w ~ ~e 's ~ l~n~ ~ ~~ ~ ~ us h Q ,~ ~ ~, ..~~,, ~1~~ ~ ~ ~, ~ ~-GL~ a ~ .- ~ xa~ c. , ~~~ ~~~ ~ l~c~~ti ~ r~ ~,~ ~. ~~ ~- ~ ~~ .-~~~ ~ ~ ~~ ~ S I n L ~r~.-~ -`~ ~ ~, ~ ~~~ ~~ X05 w " 3a~o~ v ~ dY ~C~ ~ t~~ ~ `~ `~ ~ ~o~ ~q~