Loading...
HomeMy WebLinkAbout2009 12 03 Consent 200 Approval of the May 21, 2009 Regular Meeting Minutes. CITY OF WINTER SPRINGS, FLORIDA MINUTES BOARD OF ADJUSTMENT REGULAR MEETING MAY 21, 2009 CALL TO ORDER --i=: The Board of Adjustment Regular Meeting of Thursday, May 21, 2009 was called to d Order at 7:00 p.m. by Chairman Thomas Waters in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Chairman Thomas Waters, present Vice Chairman Jack Taylor, present Board Member Howard Casman, present Board Member Linda Collins, present Board Member Karen Paine Malcolm, present A moment of silence preceded the Pledge of Allegiance. INFORMATIONAL AGENDA INFORMATIONAL 100. Not Used. CONSENT AGENDA CONSENT 200. Office Of The City Clerk Approval Of The October 2, 2008 Regular Meeting Minutes. No discussion. CONSENT 201. Office Of The City Clerk Approval Of The December 18, 2008 Special Meeting Minutes. This Agenda Item was not discussed. CITY OF WINTER SPRINGS, FLORIDA MINUTES BOARD OF ADJUSTMENT REGULAR MEETING MAY 21, 2009 (RESCHEDULED FROM MAY 7, 2009) PAGE 2 OF 9 CONSENT 202. Office Of The City Clerk raQI Approval Of The January 15, 2009 Special Meeting Minutes., There was no discussion on this Agenda Item. i=k- a, "I WILL MAKE THE MOTION WE APPROVE THE MINUTES FOR OCTOBER 2, 2008, DECEMBER 18, 2008 AND JANUARY 15, 2009." MOTION BY BOARD MEMBER COLLINS. SECONDED BY BOARD MEMBER CASMAN. DISCUSSION. VOTE: BOARD MEMBER CASMAN: AYE CHAIRMAN WATERS: AYE BOARD MEMBER PAINE MALCOLM: AYE BOARD MEMBER COLLINS: AYE VICE CHAIRMAN TAYLOR: AYE MOTION CARRIED. AWARDS AND PRESENTATIONS AWARDS AND PRESENTATIONS 300. Not Used. 400. REPORTS No Reports. PUBLIC INPUT No one spoke. CITY OF WINTER SPRINGS, FLORIDA MINUTES BOARD OF ADJUSTMENT REGULAR MEETING— MAY 21, 2009 (RESCHEDULED FROM MAY 7, 2009) PAGE 3 OF 9 PUBLIC HEARINGS AGENDA PUBLIC HEARINGS relWae 500. Community Development Department Requests The Board Of Adjustment Hold A Public Hearing To Review And Provide A Recommendation To The City Commission For The Altomare Estates Variance Request From (1) Section 9 -10. (Average Lot Size Within 1,000 Feet) And (2) alms Section 9 -152. (Maximum Cul -De -Sac Length) Of The City Code, Pursuant To Section 9 -5. Of The City Code. The Request Is In Conjunction With Subdivision Plans For The 17.28 Acre Site Located Between Seville Chase And Dunmar. Mr. John Baker, AICP, Senior Planner, Community Development Department presented this Agenda Item and distributed Location and Plat Maps of Oak Forest and Tuscawilla Unit 5 to the Board Members. Mr. Baker stated, "Notice has been Posted for the site in three (3) locations. Letters went out to all the abutting Property Owners within a hundred and fifty feet (150') of the Site. A large sign was put up and a Notice was published in the Orlando Sentinel page D -11 on April 30th [2009)." Continuing, Mr. Baker then added, "The proposed lot configuration may need to be modified to accommodate a reasonable transition." Lastly, Mr. Baker stated, "We do recommend approval." Discussion. Mr. Sam Sebaali, P.E., President, Florida Engineering Group, 718 Garden Plaza, Orlando, Florida: spoke on behalf of Dr. Altomare and addressed the Board Members on this Agenda Item. Mr. Sebaali stated, "We are putting in seven (7) lots on eighteen (18) acres." Chairman Waters opened the "Public Input" portion of this Agenda Item. Mr. William Bischof, 598 Dunmar Circle, Winter Springs, Florida: addressed the Board Members on behalf of Mr. Howard Nellor, who lives at 572 Dunmar Circle in Winter Springs, Florida. Mr. Bischof read a letter into the Record from Mr. Nellor, dated May 21, 2009 which noted that both Mr. Bischof and Mr. Howard Nellor Oppose this Variance Request. Mr. Stuart Auerbach, 590 Dunmar Circle, Winter Springs, Florida: spoke about the lots being subdivided and Opposed this Variance. CITY OF WINTER SPRINGS, FLORIDA MINUTES BOARD OF ADJUSTMENT REGULAR MEETING MAY 21, 2009 (RESCHEDULED FROM MAY 7, 2009) PAGE 4 OF 9 Mr. George Acha, 587 Dunmar Circle, Winter Springs, Florida: spoke of being impacted by water run off and noted he was Opposed to the Variance Request. Mr. Sebaali stated, "As it relates to the run off and to address the concerns which were raised, we have a drainage system and swale, which will collect run off from the subdivision and it will take it into our internal drainage system. The drainage system on site is designed to meet all requirements water management district requirements. If ‘21 anything, it will improve the existing conditions. 1=L4 meen Because, right now, the run off from the Site goes off site and we are going to capture all of that we are going to treat it the water flow before it discharges off site, and we have to meet all regulatory requirements when you do that." Mr. Sebaali indicated that, "We did do our due diligence and we looked at the requirements which existed at the time he purchased the property. Typically, that is what you do. You do not anticipate future changes in Code. So, we have done that and the thing is, the Code has changed after he purchased the property." Dr. John Altomare, D.M.D., 106 Via Capretti Road, Winter Springs, Florida: as the Applicant for this Agenda Item, Dr. Altomare addressed the Board Members and spoke of the lot sizes. Mr. Jim Amrhein, 557 Dunmar Circle, Winter Springs, Florida: mentioned his concern about the emergency roadway access and noted he was Opposed to the Variance. Chairman Waters closed the "Public Input portion of this Agenda Item. Regarding public use of the emergency access road, Mr. Sebaali stated, "Whatever we need to do, we will work with your Staff to ensure to discourage that access." Discussion. Tape 1 /Side B With further comments, Mr. Sebaali stated, "Within our site, we have a wetland system, which we are staying' out of. There are hundred year flood areas which we are staying out of in the event we are encroaching into them, we have to provide flood plain compensation. Within the northeast area, we are providing a drainage system, which stays away from the wetlands, which is upland of the wetland areas and that drainage system collects the water and keeps it on site. So, right now, that portion of the land drains to the north. We are capturing that run -off and bringing it into the drainage system." CITY OF WINTER SPRINGS, FLORIDA MINUTES BOARD OF ADJUSTMENT REGULAR MEETING MAY 21, 2009 (RESCHEDULED FROM MAY 7, 2009) PAGE 5 OF 9 Continuing, Mr. Sebaali then added, "We are capturing it and treating it and slowing down the run off." Mr Sebaali said, "There will be an enhanced drainage system as the result of the development. In terms of the roadway flooding, when we are designing the roadway and those facilities, we will make sure that they meet the level of service which r te, is intended for public roadway." C'3 Lastly, Mr. Sebaali stated, "We have looked at all the engineering relative to the project, and we are confident we are meeting all the requirements and would not cause any flooding to the adjacent neighbors, downstream. We have to meet all this criteria." Chairman Waters asked, "Will there be drainage put in any of the proposed lots to help them drain into the retention areas Mr. Sebaali stated, "There will be collection swales because part of this, the lots have to be raised in order to drain into the drainage system and into the roadway system. When you raise them, the back portion of the lot slopes to the back. So, in the back side, we have a collection system which picks up the water and brings it back into the subdivision. And we have been careful to make sure nothing goes off site in terms of our design. And we will ensure that this is the case. We are on Record saying that we will do that." Chairman Waters noted, "People in Seville Chase, Oak Forest and Dunmar [Estates], you are guaranteeing they are not going to see water going into their subdivisions Mr. Sebaali replied, "We will definitely guarantee that. That is what we do as a company and my background is drainage design." Discussion. Vice Chairman Jack Taylor asked, "Are you planning on putting a gate at the front of this subdivision Mr. Sebaali replied, "Yes we are." Vice Chairman Taylor then asked, "Are you planning on putting any walls, any fences or anything around this subdivision Mr. Sebaali stated, "I do not think that Dr. Altomare has any intent to do any walls or fences. In terms of individual lot owners, that we do not know, they would have to deal with the City and meet any requirements, but the intent at this stage is not to put any walls or fences. It would be an open development." Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department spoke to the Board Members on the property lots. Discussion ensued on lot sizes. CITY OF WINTER SPRINGS, FLORIDA MINUTES BOARD OF ADJUSTMENT REGULAR MEETING MAY 21, 2009 (RESCHEDULED FROM MAY 7, 2009) PAGE 6 OF 9 "BASED ON STAFF'S RECOMMENDATION, I MAKE A MOTION TO APPROVE THE SUBJECT VARIANCE REQUEST, SUBJECT TO ONE (1) A DEVELOPER'S AGREEMENT TO ADDRESS TRANSITION BUFFERING AND SETBACK CONCERNS ON THE DUNMAR PROPERTIES THAT ABUTT THE APPLICANT'S APPLICATION; TWO (2), A REASONABLE TRANSITION OF LOT SIZES KEEPING AS MUCH OF THE SIDE ABUTTING DUNMAR m-c [ESTATES] AS OPEN SPACE AS POSSIBLE; AND THREE (3), THE gmemn PROVISIONS OF ADEQUATE EMERGENCY ACCESS TO THE PROPOSED SUBDIVISION." MOTION BY VICE CHAIRMAN TAYLOR. SECONDED BY BOARD MEMBER PAINE MALCOLM. DISCUSSION. VOTE: BOARD MEMBER COLLINS: AYE VICE CHAIRMAN TAYLOR: AYE CHAIRMAN WATERS: AYE BOARD MEMBER PAINE MALCOLM: AYE BOARD MEMBER CASMAN: NAY MOTION CARRIED. Chairman Waters stated, "This will be coming to the City Commission on June 8 [2009]." Chairman Waters called a Recess at 8:29 p.m. The Meeting reconvened at 8:35 p. m. PUBLIC HEARINGS 501. Community Development Department Recommends The Board Of Adjustment Hear A Request For A Conditional Use Within The City Of Winter Springs PUD (Planned Unit Development) Zoning District (Residential Rural FLU [Future Land Use] Designation), To Allow An Approximately 1,600 Square Foot Detached Accessory Structure (Private Garage) On Approximately 1.7 Acres At 805 Dyson Drive. Mr. Baker introduced this Agenda Item and stated, "I apologize, I have incorrect information at the top of Page 2, I have the setbacks incorrect. It does not affect the recommendation or the outcome, but the setbacks for Winter Springs Unit 3 are a minimum of forty [feet] (40') maximum of one hundred [feet] (100') for the front, twenty foot (20') on the side which is the applicable setback here and twenty foot [20'] in the rear, and I have thirty -five [feet] (35')." Tape 2 /Side A Mr. Baker stated, "We are recommending Approval." CITY OF WINTER SPRINGS, FLORIDA MINUTES BOARD OF ADJUSTMENT REGULAR MEETING MAY 21, 2009 (RESCHEDULED FROM MAY 7, 2009) PAGE 7 OF 9 Mr. John Streich, 805 Dyson Drive, Winter Springs, Florida: addressed the Board Members on this Conditional Use Request. Chairman Waters opened the "Public Input" portion on this Agenda Item. No one spoke. Chairman Waters closed the "Public Input" portion on this Agenda item. y ifte "I WILL MAKE A MOTION TO APPROVE THE CONDITIONAL USE REQUEST FOR THE 1600 SQUARE FOOT DETACHED PRIVATE GARAGE AT 805 DYSON [DRIVE]." MOTION BY BOARD MEMBER PAINE- MALCOLM. SECONDED BY BOARD MEMBER CASMAN. DISCUSSION. CHAIRMAN WATERS ADDED, "WE ACTUALLY NEED TO HAVE THAT STATE, RECOMMEND FOR APPROVAL." BOARD MEMBER PAINE- MALCOLM REPLIED, "CHANGE IT." DISCUSSION. VOTE: VICE CHAIRMAN TAYLOR: AYE BOARD MEMBER COLLINS: AYE BOARD MEMBER CASMAN: AYE BOARD MEMBER PAINE MALCOLM: AYE CHAIRMAN WATERS: AYE MOTION CARRIED. PUBLIC HEARINGS 502. Community Development Department Recommends The Board Of Adjustment Hear A Request For A Conditional Use Within The City Of Winter Springs RC -I Zoning District (Residential Rural FLU [Future Land Use] Designation), To Allow Expansion (Doubling The Area) Of An Existing Approximately 530 Square Foot Detached Accessory Structure (Private Garage) On Approximately 1.14 Acres At 115 West Tradewinds Road. Mr. Baker presented this Agenda Item and stated, "I recommend Approval for each of those based on the unique circumstances and the fact that he does have recommendations of Approval from his neighbors." Chairman Waters opened the "Public Input" portion on this Agenda Item. No one spoke. Chairman Waters closed the "Public Input portion on this Agenda item. CITY OF WINTER SPRINGS, FLORIDA MINUTES BOARD OF ADJUSTMENT REGULAR MEETING MAY 21, 2009 (RESCHEDULED FROM MAY 7, 2009) PAGE 8 OF 9 "I WILL MAKE A MOTION TO APPROVE THE REQUEST FOR A CONDITIONAL USE REQUEST FOR THE DETACHED PRIVATE GARAGE ADDITION AT 115 WEST TRADEWINDS [ROAD]." MOTION BY VICE CHAIRMAN TAYLOR. SECONDED BY BOARD MEMBER PAINE- MALCOLM. DISCUSSION. VOTE: BOARD MEMBER COLLINS: AYE t4 BOARD MEMBER CASMAN: AYE CHAIRMAN WATERS: AYE VICE CHAIRMAN TAYLOR: AYE BOARD MEMBER PAINE MALCOLM: AYE MOTION CARRIED. PUBLIC HEARINGS 503. Community Development Department Recommends The BOA (Board Of Adjustment) 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. Brief discussion. Chairman Waters opened the "Public Input" portion on this Agenda Item. No one spoke. Chairman Waters closed the "Public Input" portion on this Agenda item. "I MAKE A MOTION RECOMMEND APPROVAL OF THE SETBACK WAIVER REQUEST." MOTION BY BOARD MEMBER PAINE- MALCOLM. VICE CHAIRMAN TAYLOR ADDED, "FOR 115 WEST TRADEWINDS [ROAD] SECONDED BY BOARD MEMBER CASMAN. DISCUSSION. CITY OF WINTER SPRINGS, FLORIDA MINUTES BOARD OF ADJUSTMENT REGULAR MEETING MAY 21, 2009 (RESCHEDULED FROM MAY 7, 2009) PAGE 9 OF 9 VOTE: BOARD MEMBER CASMAN: AYE CHAIRMAN WATERS: AYE BOARD MEMBER COLLINS: AYE VICE CHAIRMAN TAYLOR: AYE BOARD MEMBER PAINE MALCOLM: AYE MOTION CARRIED. wen REGULAR AGENDA REGULAR 600. Not Used. ADJOURNMENT Chairman Waters adjourned the Meeting at 8:52 p.m. RESPECTFULLY SUBMITTED: JOAN L. BROWN DEPUTY CITY CLERK APPROVED: THOMAS WATERS CHAIRMAN, BOARD OF ADJUSTMENT NOTE: These Minutes were approved at the 2009 Regular Board of Adjustment Meeting.