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Home My WebLink About2005 04 18 Public Hearings 400 Request for a Waiver for 688 Saranac Drive, Tuscawilla Unit 14A, Lot 104PLANNING AND ZONING BOARD AGENDA ITEM 400 CONSENT INFORMATIONAL PUBLIC HEARING X REGULAR April 18, 2005 MGR. /DEPT Meeting Authorization REQUEST: The Community Development Department recommends the Planning and Zoning Board hear the request fora waiver from the from sections 20-354 (7) and 6-86 of the City Code of Ordinances, to allow an addition to an existing residence at 688 Saranac Drive, Tuscawilla Unit 14A, Lot 104. PURPOSE: The purpose of this agenda item is to consider a waiver request by Steve Gruse from the requirements of sections 20-354 (7) and 6-86 of the City Code of Ordinances to allow a 372.49 square foot (19.3' x 19.3') addition to encroach as much as 3.28 feet into the twenty- five (25) foot corner yard setback, fronting on Cayuga Drive. In addition to the Board of Adjustment hearing the waiver request, Section 20-354 (7) requires the Planning and Zoning Board to review and make a recommendation to the City Commission, regarding the proposed setbacks in a planned unit development (PUD). The addition would follow the existing building line of the house, which appears to have been constructed in the mid- 1980s, well before adoption of Ordinance No. 2004-31, in which the City established minimum building setbacks that it could enforce for primary structures within PUDs. APPLICABLE CODE: Sec. 20-354. [PUDI Site development standards. Sec. 6-86. Minimum setback requirements within PUD zoning districts. CHRONOLOGY: July 26, 2004 -City Commission adopted Ordinance No. 2004-31, establishing minimum building setbacks within PUDs. April 18, 2005 Public Hearing Item 400 Page 2 March 11, 2005 -City received application package from Steve Gruse. April 7, 2005 -Board of Adjustment (BOA) recommended approval of the waiver request. FINDINGS: 1) The subject site is located at 688 Saranac Drive (Lot 104 of Tuscawilla Unit 14A, within the Tuscawilla PUD. The building setbacks for primary structures are not set forth on the final subdivision plat (Plat Book 32, page 22). 2) The house was constructed in 1986 and 1987. The existing primary structure does not meet the 25 foot setback requirement on the corner (Cayuga Drive) side of the property -the addition is an extension of the existing building line along Cayuga Drive. 3) The property is a corner lot and the addition which prompts the waiver request faces a street rather than an immediate adjacent parcel. 4) The location of the addition as shown on the plot plan does not negatively affect sight lines at the corner of Saranac Drive and Cayuga Drive. 5) The waiver request from the requirements of sections 20-354 (7) and 6-86 of the Code must conform to all six of the waiver criteria set forth in Section 20-34 of the City's Code of Ordinances. 6) The City Attorney has opined that the language in Section 20-354 (7) requires waivers from the minimum building setbacks in PUD to be heard by both the Board of Adjustment and the Planning and Zoning Board, with a final decision being made by the City Commission. 7) The BOA voted 4-0 to recommend the waiver request be approved, at its Apri17, 2005, meeting. RECOMMENDATION: Staff recommends approval of the setback waiver request, since we believe it meets the 6 criteria. ATTACHMENTS: A -Sections 20-354 (7) and 6-86 B -Letter from HOA C -Letters from neighbors D -Plot Plan submitted with proposed addition shown on the Historical survey that demonstrates that the house was constructed in 1987. E -Waiver criteria P8~ ZACTION: ATTACHMENT A § 20-3b4 WINTER SPRINGS CODE (4) The adequacy and proximity of public roads, utilities, services, and facilities re- quired to serve the development. The maximum allowed number of dwell- ing units per gross residential acre and maximum height by type of dwelling unit shall be as follows unless specifically waived by the city commission after re- ceiving recommendations from the plan- ning and zoning board: Maximum Units per Gross Resi- Maximum Type dential Acre Height Single-family 4.5 2 stories detached Patio homes 7.0 2 stories Townhouses 10.0 3 stories Garden apart- 16.0 3 stories ments (c) The applicant shall propose, and the plan- ning and zoning board shall recommend, the maximum allowable floor area ratio for all com- mercial and industrial uses within the PUD to the city commission. The commission may adopt the recommendation or make such changes or amend- ments as it deems proper. (d) The following site development standards shall apply unless waived by the city commission, specifically finding after receiving recommenda- tions from the planning and zoning board, that the unique characteristics of the development in question make unnecessary the application of one (1) or more of these provisions in order to carry out the intent and purpose of the planned unit development district: (1) The natural topography, soils and vegeta- tionshall bepreserved and utilized, where possible, through the careful location and design of circulation systems, buildings and structures, parking areas, and open space and recreational areas. Removal of mature trees shall be compensated through the installation of landscaping materials. (2) Landscaping consisting of trees, shrubs, vines, ground covers, and irrigation facil- ities shall be installed in common areas of residential developments and in special areas of commercial and industrial devel- opments. Special attention should be given to parking areas, refuse storage areas, and in building setback and separation areas to achieve proper screening. (3) Common open space and recreational fa- cilities in accordance with the standards of the National Recreation Association shall be provided to serve the residents of the planned unit development. (4) All land shown on the final development plan as common open space, parks, and recreational facilities shall be protected through deed restrictions which shall en- sure the preservation of its intended use, the payment of future taxes, and the maintenance of areas and facilities for a safe; healthy and attractive living envi- ronment. (5) All common open space and recreational facilities shall be specifically included in the phasing plan, and shall be constructed and fully improved by the developer at an equivalent or greater rate than the con- struction of the residential structures which they serve. (6) The proposed location and arrangement of structures shall not be detrimental to existing or prospective adjacent land uses. Lighting, access points, or high noise level activities which adversely affect abutting property shall be prohibited. (7) Building setbacks from the mean high- water level of any lake, stream or body of water, shall be at least fifty (50) feet. Other minimum setbacks, lot sizes, and lot widths shall be proposed by the appli- cant, reviewed by the staff and the plan- ning and zoning board, and approved or modified by the city commission. (8) Central water systems, sewerage sys- tems, stormwater management systems, utility lines and easements shall be pro- vided in accordance with the appropriate sections of chapter 9. 1344 Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). CHAPTER 6 BUILDINGS AND BUILDING REGULATIONS *** ARTICLE III. BUILDING CONSTRUCTION STANDARDS *** Sec. 6-86. Minimum setback reauirements within PUD zoning districts !al General. Unless otherwise provided elsewhere in the City Code or u on a lat of record yreylously approved by the Crty Commission the principal building setbacks for ~ro~erty zones ed unrt development (PUDI shall be as follows• ~ Front Yards.__ The front yard shall not be less than twenty-five 25 feet in depth, ~ Rear Yards. The rear yard shall not be less than ten (101 feet in depth• Side Yards. The side yard shall not be less than five (5) feet on each side of the dwelling structure; and Corner Yards. On corner lots the front vard set back of twent five (251 feet must be maintained, at a minimum, on all sides abutting. ublic rights-of wad Notwithstanding the minimum setback requirements of this subsection Zero lot line property shall be aove,______ed by subsection (b below. lb) Zero lot line. Unless otherwise provided elsewhere in the City Code or u on a >l lat of record previously approved by the City Commission the principal building setbacks for zero lo_t line property zoned planned unit develo inept (PUD) shall be as follows• Front Yards. The front yard shall not be less than twenty-five 25) feet in depth• Rear Yards. The rear yard shall not be less than ten (101 feet in depth• ~ Side Yards. The side vard shall not be less than five (5~ feet on one side of the dwelling_structure; and. Corner Yards. On corner lots the front vard set back of twenty-five~25) feet must be maintained, at a minimum on all sides abutting public ii is-of-wad City of Winter Springs Ordinance No. 2004-31 Page 2 of 4 ATTACHMENT B CHELSEA WOODS OF TUSCAWILLA HOMEOWNERS ASSOCIATION, INC. P.O. BOX 620433 OVIEDO, FLORIDA 32762-0433 March 8, 2005 Mr. and Mrs. Gruse 688 Saranac Drive Winter Springs, Florida 32708 Dear Mr. and Mrs. Gruse: The Chelsea Woods Homeowners Association (CWHOA) Architectural Control Committee has reviewed the drawings dated 10-21-04 prepared by Ken Ehlers P.E. for the planned addition to your home. The plan appears to meet the requirements of the deed restrictions. You have confirmed that the exterior construction in terms of material, quality of workmanship, and color will be the same as the existing structure. This will serve as a one time only waiver of the CWHOA Deed restriction requirements that the addition be no closer than 25 feet to street line and no closer than 30 feet from the rear property line. Due to the fact the original structure did not meet these requirements. Such being the case, this is deemed acceptable and therefore approved. This approval is for a period not to exceed six months from the date construction is started without resubmission of the improvement plans to the CWHOA Architectural Control Committee. Please assure that your builder avoids incursion on and causing any damage to neighboring or city property. If any such damage occurs, the property must be restored to its original condition. We also ask that any portable bathrooms emplaced by workers be away from sidewalks. As you know, the City of Winter Springs requires a building permit before construction and prior approval for the removal of trees. Thank you for your inquiry and interest in maintaining the quality of our neighborhood. Please contact me at (407) 366-2895 if you have any questions. ~./ /~~ uis R. Rios CWHOA ACC-Chairman ATTACHMENT C March 6, 2005 To Whom It May Concern: We live across the street from the Grose Family. They have informed us of their plans to build an addition and we have no objections. We are actually happy to see their home expand instead of seeing them move. If you should have any questions for us regarding this matter, we can be reached at the following address: Marshall and Karen Harris 675 Cayuga Drive Winter Springs, FL 32708 (407) 977-1745 Sincerely, Marshall and Karen Harris March 7, 2005 City of Winter Springs Community Development Dept. 1126 State Road 434 Winter Springs, F132708 Re: Property at 688 Saranac Drive Winter Springs, F132708 To Whom it May Concern: We live at 689 Saranac Drive, Winter Spring. We are across the street from Rebecca and Steve Gruse, who are considering adding on to their property at 688 Saranac Drive. We have seen their plans for the addition to the house and have no objections to the addition. Thank you, D, ~nve ~i Jan Saunders, Owner - 689 Saranac Drive Mazch 7, 2005 To Whom It May Concern: Steve and Rebecca Gruse have expressed their desire to expand onto their house located at 688 Saranac Drive. We have discussed the plans of the additional square footage and feel that this would be very beneficial for the family. As property owners located next door to them we have no objections to this addition. Should you have any questions please feel free to call us at 407-977-9003. ~~ ((11 ~? ~~..~~1 ii~f r Charles and Dawn Penuel 690 Saranac Dr. ~~ Winter Springs, Fl 32708 March 5, 2005 To Whom It May Concern: Property owners, Steve and Rebecca Gruse, have discussed their wishes to add an addition to their home at 688 Saranac Drive, Winter Springs, Florida. Details of the construction have been explained, and it appears to be a good step for this growing family to take at this time. As a property owner who is backed up to their lot line, we have no objections to this addition. If there are any questions concerning this matter, we can be reached at the following address: Cleveland and Nancy O'Neal 674 Cayuga Drive Winter Springs, FL Respectfully Submitted, . ~ ~ ~~~~ C evela d and Nancy O'Neal March 6, 2005 To Whom It May Concern: We have reviewed the building plans of Steve and Rebecca Gruse and we approve of their design. We understand that they have submitted a variance request and we are satisfied that their addition will in no way affect our property value or infringe upon our rights as homeowners in this neighborhood. Res ectfully submitted, Scott and Beverly McEwen 687 Saranac Drive Winter Springs, FL 32708 ~' ~j~.a.r. Q1._-.Q.r1_...~1..~.1.~t. .._ onn i~ ~~~oo raf171 Ggf1..'7ir'1..~.~ ATTACHMENT D-- -- LHGAL TO THE P, PTION: LOT 104, T1/SCIIYUILLA, T THEREOF AS RECORORD IN PLAT NIT 14 "A", ACCORDINQ PUBLIC , CORDS OF SEMINOLE COUNTY IELO K 32, PAGES 21- 24, DA , . THE A80 MINIMAL REFERENCED PROPERTY IS LOCATE LOODINO AS PER F.I R M WMMUN IN ZONE "C', AREA OF 0005 C, . . . OF MIINTER SPRINGS, SEMINOLE PANEL NUMBER 120295 LINTY FLORIDA MAP DATED ]A VARY 15, 1982. , . c) c'4 y ~`~~0. ~G 7. M v m' ~.y~ N 9 \' ' Q" it •M ~ ~ ~~ ~ o~~~ e ~ n' ~R~~'F $.~ „~ a ~ ~ .,~ : ~ ~ of . ha' ~ • ~4 I O .~ i` - , i PPP ~ As* ~ } d m• 8 t•, ` ; ~; ~y r G~ ~~~ r ~ `;«/A. C yr M m~ Cf eD~ ~.. ~~< w as ~' '' b- /OS ,f cr Z A ^ d6° ro" Sr" pse ~~ ~~ R: 2ROp r30 .t4 ~ ` ~~ J2 74 CMDs 3a. r6' rZ 6S 8R6*N68o'17bDE 565 •r2'E 688 SARANAC ,~d ,~ i ~~3 i n.uva t a I;IR'.TN T . 'TANWIT Qb. Cl.f.. CIIAIII LNN fOICC OOR.. S . 70UTN E ~ EAST M -PEST P.tp. l0. a RNIG CIIL11p ORD. a ~ARNG P.O.G. • _. _ _ ..,.... • I7P.. SIT RQL..t PEW/AIENT CANTROI POSrt ~ ~ COND1110N~1 N a NAL R ( ~ fO1MID PROPdTY CORIIER ' ,.,w,r r.v.s. ~ rV"~ w o[Ti1RMR. . OEITA ' t ON P .PLAT N r MCA34MW r ENq.. SAIL . SANRARY N a SET PRdiR1Y CORNER +. f01RID COlIGIE'RC 1pNUNpIT NORS= (T~ S . EMIICS ARC OASEO ON RECORD (!L RDOF OKA7IANOT AND TOOTER! (5) TNOi RIRVE7 a NOi vµ10 M SUR1lT OAR SNOAN. (T} 111E AESTRICOONS TiAT ARC MOT RECOROEp AM PUT ANO NEASURCD VRlESS NO T. (2~ 111E bYRKY SNONN M[REaI INS SARIKTEO OY THE tE:OAi. NOT SECN IOCATEO• (~} NO MPRpIENENTS OR UTAE11gIRR1G OTAJ ENOOSSW SEAL (S). iHS SURVET IS NOT VMNI sOR ANY AEK Eft NAS NOT ADSONGiEO THE IATDS Mi![w! lLVt EAS(Np1T5 OR ~7w1 1X15 PLAT MAi NAY OE IDIRq NI 1NE PUBIIG RCOOROS OT lIOS OIHERNSE, PROYOEO 0T IIIE CUp1T. NAK S!F!t lACA1W EXCCPT AS SNOTN. 1RAN7ACTgN9 >b MYS OETWD THE f"µ -w~WAT OF R[CORO. (O)• 1I[AE NAT BE AOOIRONAL (9) ATL SEWiN105 / ANOIfS AND gSTANGEY 1 I ; r MERgT CrRMI' 1W1T 11116 S/NIKT NRto OR oARD w 1wiD 4YII ~~ ~~~ ~ ~ M ~i a m PAVARro ITIW STEPHEN D REBE ®RUSE ~ w'"ET DATE: ' hlR lt1A ro I aDnDA AuLeISrRAtnE CODE rIIRaAANT ro sEDDa NN ' T1pN OATEe 4 . 77.077. f1,01E0A STATUiCS. PREPARED OY: SIIRYEY OAiE: CtfARLE ' ~ ~~ 5 R08 DEf OOF2 dt A ALES, fNC. 1^ ~ s 1 PA 60E 1765 APOPIIA ru StTOr rAOE ' I a I . , . / (a7) eeo- n / sn IDpu TRCE REN6N7N WtC ti i o s ATTACHMENT E Sec. 20-34. Waivers. ~ Anvreal property owner may file a waiver application requesting a waiver for their realproperty from any term and condition of this chapter except from the list of permitted, conditional and prohibited uses set forth in any zoning district categoryl if the roperty owner clearly demonstrates that the applicable term or condition clearly creates an illogical, impossible impractical, or patently unreasonable result. b.~.1 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 ap hp~ 'cable waiver criteria set forth in this section. ~ Upon receipt ofthe board of adjustment's recommendation, the citycommission shall make a final decision on the application If the city commission determines that the board of adjustment has not made arecommendaton on-an~application within a reasonable period of time the citescommission maX, at its discretion consider an application without the board of adjustment's recommendation. Tn addition to the standard set forth in paragraph dal above, ail waiver recommendations and fmal decisions shall also comply with the followine criteria: Thepronoseddevelo~mentplanisinsubstantial compliancewiththis chapter and incompliance with the comprehensive plan. f~ The~roposed development.plan will significantly enhance the real property. X3,1 The proposed development plan serves the public health, safety, and welfare. ~- 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 unreasonable result caused by the ~~licable term or condition under this chapter. ,~~, The proposed deyelopment~lan is compatible with the surrounding neighborhood, Sec 20-35 Administrative appeals. City of Winter Springs Ordinance No. 2004-49 Page ]0 of25