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Home My WebLink About2007 10 22 Public Hearings ADD ON 504 Lon Miller Request COMMISSION AGENDA ADD-ON Informational Consent Public Hearings X Regular ITEM 504 October 22. 2007 Regular Meeting Mgr. / Dept. Authorization PUBLIC HEARINGS 504. Office Of The City Manager ADD-ON Lon Miller Request. Date: October 22, 2007 The attached were referenced by Mr. Mike Jones, Esquire during the discussion of Public Hearings "ADD-ON" Agenda Item "504" at the October 22, 2007 City Commission Regular Meeting. .Building Permit City of Winter Springs Office: 407-327-1800 Ext #306 or #301 Schedule Inspections: 407-327-7596 Fax 407-327-4755 Inspection Results: www.winterspringsfl.org PERMIT: 200701826 DATE: Ju120, 2007 CONTRACTOR: OWNER/BUILDER LICENSE#: OWNER: MILLER LON & SELMA J STREET: 1314 DEER RUN , WINTER SPRINGS, FL 32708 LOCATION DESCRIPTION: SUBDIVISION: WINTER SPRINGS UNIT 4 LOT: 435 ZONE: PUD WORK: FENCE DESCRIPTION OF WORK: (2) 6 FT HIGH 8 FT LONG CHAIN LINK GALVANIZED GATE Inspection Rough-in Final ~~s n. If' FOOTING/FOUNDATION STEM WALL SLAB LINTEL/TIE BEAM ROOF SHEATHING ROOF DRY-IN EXT. WALL SHEATHING ROUGH TRADES INTERIOR STRUCTURAL INSPECTION ROUGH-IN FINAL INSULATION/ENERGY ELECTRICAL MECHANICAL PLUMBING RE-ROOF FIRE UNDERGROUND FIRE OVERHEAD ROW FINAL ~ FENCE GAS WINDOWS DOORS POOL/SP A DECK MISe. SEWER FINAL ~ ARBOR FINAL ~ FIRE FINAL ~ ENGINEERING FINAL BUILDING FINAL ~ NOTICE: In addition to the requirements ofthis permit, there may be additional restrictions applicable to this property that may be found in the public records of this county, and there may be additional permits required from other governmental agencies such as water management districts, or state or federal agencies. NOTICE: The activity for which you have applied for a permit may require the approval of your Homeowners Association. Check with your local association prior to commencement. F AlLURE TO COMPLY WITH THE MECHANICS LEIN LAW CAN RESULT IN THE PROPERTY OWNER PAYING TWICE FOR BUILDING IMPROVEMENTS. ~-/~ Building Official This card must be posted on street side of site until work is completed. 'ESCRIPTION LOT 435,. ~1/ fl 5PR/!V GS U /lj ::CORDEO IN PLAT BOOK 1!3 PAGE(S} b- B OF THE PUBLIC RECORDS OF !lN1/A1OL E DEER J..-- -- -"---...,~""".",. - --_..",,-- -.-,," t.[;;- HEN CH, TROTTER, CARlE & ^ YERS, INC. lAND SUnVE,YOHS L p.~~ \ ...-.' ~ r' ,..-", (.1 6 -s::: ,S:l \,.' ,:) ,J. I> /' " r-f'-' ,j~-'/ L. "-- '->. ) 1,:::Y c; 4::'1"1 i,\"',/ /v '\ ,-/ k ./ 1-/ .-..,"5- !} q: COUNTY 1 FLORI( ..t. '~~ .."I ,J". ~ N 5bot21 Ill' E \3G:t.t3! ,t7.5/j ur/L: .f~N7! ____..H.4, --.- ~'~-_.~ ", ft" [t.,) P -.,' /:" I " ' " ' -l't ;-:11' t;' .. N __J." ') \ 'v >.,p,~ aD' ----r::- . - ,~ ~ ' , I + L\ t::::l \ ~ --\ U';' " ! .,1 " -;. q tflUS~r BE A lEAS1' 3 "Er.. INSIDE ROPERTY \JNi. tt.UST,", O. SlOiC, ,K"A,C, CE~S UTU~ EASEMENl'\ I ~- .... ~ ,i' .,~ F), ,;;:l S ro~Q y _a -~ <. ..>R';' : 12'1 ()(l't g',','"C''' ~v,;, 5, ii!~ " ~ II' . - '-,,:-"" ,".': t JUL 2 u ~.j..",,- , R: !8 96 <(Sf \ , \' OF L..l-}JD S U RVE YORS) PtJF .t\~;T DA T E Of r a 7 a., BOUNOA RY. .\Cl' C)' ,L..J FOUND 4 FINAL / 2('1 79 412 02/ FLORIDA STATUTES. CE RTlflED CORREC 636N WYMOHE ROAD WINTER PAHK. FLORID,,'" 32189 l',.e /t/,' VAfV~~:' -, REG,L AND SURVEYOR NO CITY OF WINTER SPRINGS Building Division 1126 East SR 434 Winter Springs, FL 32708 Office: 407-327-5963 Inspection Line: 407-327-7596 ?er.mit #: FENC 200701826 [ssue Date: 27-JUL-2007 ?arcel #: 1221305DA00004350 ~ite Address: 1314 DEER RUN FENCE Lot #: 435 )wner: (OWN) Miller Lon & Selma J 1314 Deer Run Winter Springs, FL 32708 Phone: ~ontractor: (OB) OWNER Phone: .icense #: OWNER / BUILDER lork: FENCE )escription: (2) 6 FT HIGH 8 FT LONG CHAIN LINK GALVANIZED GATE Talue of Work: $400.00 ~quare Footage: Floor Footage Tota1: ~onstruction Type and Occupancy: Code 3prinklers: Description rees: Code Account Description FENCE SBC PERMBG FENCE AT $12 / K RATE Total: Amount $45.00 $45.00 Paid $0.00 $0.00 Due $45.00 $45.00 Notice This permit becomes null and void if work or construction is not begun within six (6) months after its issuance, or if the work authorized by this permit is suspended or abandoned for a period of six (6) months after the time the work is commenced. Certification I hereby certify that I have read and examined this document and know the same to be true and correct. All provisions of laws and ordinances governing this type of work will be complied with whether specified herein or not. Granting of a permit does not presume to give authority to violate or cancel the provisions of any state or local law regulating construction or the performance of construction. / / Signature of Contractor or Authorized Agent Date COPYRIGHT KIVA 1997 - 2007 '" ~ 1 1'- \, , .ll I r/ '~~I · I J -, I t I '.. II b ~ . . ~ " ., . "..:1 Il ~ l\' 1 ,'Ii u ,~ J I I' r J '. ~ I ,I t i , ~l '. - ..- / '/' I' -" " .~ , I' '... '. ,,~ ,. \ ~ \j '\l ~ ~. \ , , \'J " , - '. '" ( ~ ,'\ .. " ~... " "J .' " . , .\, \ l;~ ~. ", { ~. ,. ~;" I \-1i r 'f} . :-! ,,)~. . ;A.'t , ~ I .., ,i'~ I , t .. I ,'S, t J~it ' .\ \~ ,~; ~~ t " tI " V'\ 't ". .~ \ "1' , 'I \ i , . , , " -~ l 't. \\. \\ I ,! ,.". ..... '. ,.. ..r: ,. " ~ i. k. , '" . ~'~ L.. .~. . " .' ~ , :..... /' , ~ .", , .. .. .' r . '. , '< I , , ,,,... ...... , , , , " ~ 1 i ~'. r~ I rt,~ " Date: October 22, 2007 The attached is from City Attorney Anthony A. Garganese in reference to the discussion of Public Hearings "ADD-ON" Agenda Item "504" at the October 22, 2007 City Commission Regular Meeting. 'j/' R.CEIVIID BROWN, GARGANESE, WEISS & D'AGRESTA,otJt\J 5 2007 Attorneys at L.aw allY eW=::F'NGI , Debra S. Babb-Nutcher" Joseph E. Blitch Usher L. Brown' Suzanne D'AgrestaO Anthony A. GarganeseO J'w. Taylor Jeffrey S. Weiss Offices in Orlando, Kissimmee, Cocoa, Ft. Lauderdale & Tampa Tara L. Barrett Vivian P. Cocolas Scott J. Domstein Mitchell B. Haller Katherine W. Latorre Terri E. Oster Amy J. Pitsch 'Board Certified Civil Trial Lawyer oBoard Certified City, County & Local Govemment Law "Board Certified Appellate Practice Erin J. O'Leary" Catherine D. Reischmanno William E. Reischmann, Jr. Of Counsel October 12, 2007 Michael Jones, Esquire Michael D. Jones and Associates, P.A. P.O. Box 196130 Winter Springs, Florida 32719-6130 Re: Lon Miller, 1314 Deer Run Dear Mr. Jones: Your letter to Joan Brown dated October 10, 2007 was forwarded to me for a response. In response to your inquiry, the current issue involving Lon Miller does not involve a code board violation. The issue pertains to a fence permit that was issued in error by a member of city staff. Fence permit applications are subject to aesthetic review pursuant to Ordinance No. 2007-21. A copy of Ordinance No. 2007-21 is attached to this letter. Under that ordinance the City Manager is required to complete an aesthetic review of the fence permit application. In this case, a staff member issued a permit before the City Manager could conduct an aesthetic review of the application. Upon learning of the mistake, the City Manager then conducted the aesthetic review and it was his opinion that the fence permit application did not comply with Ordinance No. 2007-21. The City Manager issued a letter to Mr. Miller explaining such on August 29, 2007. Thereafter, pursuant to Ordinance No. 2007-21, Mr. Miller filed an appeal of the City Manager's decision. The appeal will be heard by the City Commission. 225 East Robinson Street, Suite 660 . P.O. Box 2873' Orlando, Florida 32802-2873 Orlando (407) 425.9566 Fax (407) 425-9596' Kissimmee (321) 402-0144' Cocoa (866) 425-9566' Ft. Lauderdale (954) 670-1979 Website: www.orlandolaw.net . Email: firm@orlandolaw.net October 12, 2007 Page 2 I presume from reading your correspondence to the City, you will be representing Mr. Miller in that appeal before the City Commission. If you have any questions regarding this matter, please do not hesitate to call me. Anthony A. Garganese City Attorney AAG/jf CC: Ronald McLemore, City Manager Page 1 of. ORDINANCE NO. lDa.2! AN ORDINANCE OF THE CITY COMMISSION 01' TIlE CITY OF WINTER SPRINGS, FLORIDA, ADOPTING MINIMUM COMMUNITY APPEARANCE AND AESTHETIC REVlEW STANDARDS FOR INDIVIDUAL SINGLE FAMILY RESIDENCES; ADOPTING A NEW SECTION 9..007 OF THE CITY CODE; ADOPTING CONFORMING AND RELATED A.MENDMENTS TO THE CITY CODE; PROVIDING FOR TIlE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION lNTOTHE CODE~ SEVERABILITY AND AN EFFECTIVE DA TE, WHEREAS, Lhe City i8 gran1ed the authority, under ~ 2(b)~ Art. VIII of the State Conm.tutfo~ to exercise any power for munioipal purpOseB, e.xcept when expressly prohibited by law; and WHEREAS, the maintenance of the character of residential neighborhoods is a proper purpose of zonins. See VtllC4ge of Euclid 11, A.mbler Co" 272 U.S. 3{iS (1926); Millfr v, Board of Public Works. 234 P. 381 (Cal, 1925); and WHEREAS, through thoyearsJ numerOUB deed-restricted residential communities have been permitted and developed within the City of Winter Springs; and WHEREAS, it is apparent from reading the various deed restrictions recorded in the pu hI ie records of Seminole County, Florida that the deed restrictions were intended, in part, to protect the character of the residential communities by prohibiting U8eS and structures that are incompatible VIi tIt residential iiI"'eaij and WHEREAS, over the years, the City hu relied on these private deed restrictiollB to provide homeowners with regulatory protection that preserves the character and harmony of residential areas; and WHEREAS, because of this reliance, th~ City has not historically had :rea!on to impose numerous other legislati v~ land use restrictions on existing residential communities wi thin the City) especially in older existing subdlv:ision8 that are duignated Planned Unit Development like Tuscawi11a and Oak Forest; and WHEREAS, in particular and by way of example ofthi5 n~lianoeJ the City Commission has previously exempted exi sting 8ingle family .residenocl!l from the Minim urn CommunIty and AeIMetic Review Standan18 BeL forth in gections 9-600 et. seq.. Winter Springs Code, because of the existence City of Wirlter Spring,'! ......._..1.:_____ ,.,_ .......^... ....or lttp:l/weblink.winterspringsfl.org/weblink7/lmageDisplay .aspx?cache=yes&sessionkey= WLImageDispla... 10/12/200'. Page 1 of: of the private deed restrictions; and WHEREAS. it has come t(j the attention of the City Commission that SOme of the older deed restricted residentlal communities. including Unit 4 of TUBcawiHa, have inadvertently allowed their deed restrictions to expire under the Florida Market Record Title Act; and WHEREAS, the expiration 0 fthe private restrictions have left Bome residential communities without any significant regulatory mechanism 10 protect and preserve the residential character of such communities, especially with respect to additions, modifications, and expansions of existing single family t'esidences~ and WHEREAS, as a result, the expired private restrictions have potentially exposed some residential oommunities to buildings fWi structures that are incompatible to existing Bingle family neighborhoods and such incompatible buildfng:l and structures may have an advers" impact on the quality of resIdential areas and upon property values; and WHEREAS~ ha vtng con&idered the possible wide range negati ve impacts 0 f expired prl vate deed retrtrictions on 'the residential oharacter of some areas within the City of Winter Springs, the City Commission adopted emergency Ordinance 2006-08 on May 22, 2006~ establishing interim regulations to be applied until the City Staff and City Attorney could prepare a comprehensive regulatory scheme requiring aU additions, modifications, and expaJl3ions of strUCtures within residential areas be aesthetically compatible and in harmony with the surrounding neigh borhoad and with the resJdential character thereof~ and WHEREAS, the sunset provision set forth in OrdiIW1ce 2006-08 was extended by the City Commission pursuant to the adoption of Ordinance 2006-22 on November ]3, 2006 and Ordinance 2007-19 on April 23, 2007; and WHEREAS, over the course of the last year, City Staff haa processed applications for ae5thetic review of single- family residences pursuant to the interim procedure set forth in emergency ordinance 2006-08; and WHEREAS, City Staff reoornmends permanently adopting said interim procedure as set forth herein; and WHEREAS, the City Commission of the City of Winter Springs, Florida) hereby finds this Ordinance to be in the heat interests of the public health, safety, and welfare of the citizene ofWintet' Springs. NOW~ mRREFORE~ THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS~ Cit)' fiIilW!:nter Spring:! -^_..I.... ..... ,."A___.. lttp://weblink. winterspringsfl.org/weblink7/ImageDisplay .aspx?cache=yes&sessionkey= WLImageDispla... 10/12/200' Page 1 of . Seetton 1. Reclta18. The foregoing recitals are hereby fully incorporated herein by reference as legislative finding8 of the City Commission of Winter Springs. Section 2. Code Amendment. The City of Winter Springs Code Chapter 9, Land Development, is hereby amended 83 follows ~ type indicates additions and smk0611t type indicates delmona, while asterisks (.U) indicate a deletion from the Ordinance of text existing in Chapter 9. It is intended that the text in Chapter 9 denoted by the asterigka and set forth in this Ordinance shall remain WlChanged from the language existing prior to adoption of this ordinance): CHAPTER 9. LAND DEVELOPMENT *** ARTICLE Xll. MINIMUM COMMUNITY APPEARANCE AND AESTHETIC REVIEW STANDARDS See. 9-600. Statement of findings and purpose. ..~ (h) It is the intent and pmposo of this article to apply to all new commercial. industrial. institutional. multi-family. and residential Bubdivision development project8 and major alterations thereto. It is not intended to apply to individual single-family residcmces. exceJlt as ape4(jfi~ in section 9-607. *** Sec. 9-60i. Ruiq;ntiai COU1patibiii~ and HarmQPY ~eiui:lltionl. !il It i~ the intent of !hi!'! soction tQ. promote and protect existini residential deve1~m~nts by prohibitfnll additions. modifications and ~B.ions of structures and buildinas ~t are incompatiQle and not in harmony with the, mbiect property and the surrounding nei~borhood, Thc;se reeulatiorul &b.aJ.l apply to exigtfn~ t,esidentialland uses and residential principal and accessory buildini~ and structures located thereon or"infill residential developme~ proiects on vacantlots within established residential developments. !Ql Before any building permit i~ issued for the ~ddition, modificaticn,or expansion of any builgin~ or ~tructure on a residentiallo!. the city Irumajer Qf desi ~ee shall CQnsider and ~ew the plans and JiPecifications to determine whether Ot not the proposed addition. modification or expansion is compatibls and in harmony with existini buildings and strvctures on the subiect property and with the surroundin~ neiibborMod. Compatlbflfty and City of Winter Sprln~ 1"'w...J.l_____ .....,_ ""^^"" '" i' lttp://weblink. winterspringsfl.org/weblink7/ImageDisplav .aspx?cache=yes&sessionkey= WLImageDispla... 10/12/200'. Page 1 of- harmony shaij be determin~d balieq on a revieyt of the t;et1.ini. landscaping. prcwortio~ materials. QQlors. texture. 8eale. unitv. balance. rhythm.. contrast and simpll~ity of the Dl'tWOsl(d RtMition. modifi~tion or exp~'Qn. NoQltni herein 9halllte constru~d to prohibit a Pt'ooosed addition. moditloa.1jon or eXP&1Bion that siinificantly enhB11ce5 \hQ.established character of qthef "QuiIdinis ~g ~truotureq o~ the subiect prqoerty and wi tlJin the Slln'Qundinfl neiibbQrhood in accordance with the review cri~ria Jrtateq above and cQmmonly acce,pted ~hitec.wmr ~ciples Q~the looal oommuni~. Th~ city manaiel' is atUhorlzed to retaitl the service! of ~ technical..&tvisor on an Wl-need~~ basis. .w... If the v\W manaier Qr desiinee determines tPat the. addition. modificAtion or ~pansion is nQtcompatibIQ.and in harmony. the buUdini permit ~~Jication sh(yl be ~ on that basis. The applicant mall have the riiJ1t to appeal the denial tQ the ci ty commission. Said ~ppeal shall ~ filed with the ci'ty m8tl1\ger in writing within five (5) calendar days of denial wani with a filil\i fee e3t!QJished by ~e City ~mmi.8sion. Upon review of the aweal. the city ~mmi9aion ~ha1l render a final d~i8ion on the issue of residential comoatibility aud harmony. AU decisions of the city oommi8sion shall be considered final an.q .shall be subiect to a-ppeal to f4 court of cotnlletent juris4lction pureqant to Jaw. Uti. Ijlese reiwatiQng are s~plementa1 and in addition to all other wJ.jcable provi~fp.ns of the City Code. To ~e extent that tJlese reittJatJon8 conflicJ with e.tlY other provislQn of the City Code.. these reaulations ~(1 prevail and apply. Sectio:q t. Repeal of Prior Incondnent Ordinanc.es and ReloI-utions. All prior fnconsistentordinances and resolutions adopted by the City Commission. or parts of prior ordinances and resolutioJUJi in conflict herewitht are hereby repealed to the extent of the conflict. Sootion 4. Incorporation IDto Code. This Ordinance ahaIl be incorpoTated into the Winter Springs City Code and any section or paragraph, number or ietter, and any heading may be changed or modified as necessary to offectuate the foregoing. Grammatical, typographical I and like errors may be corrected and additions, alteratioJ1!, and omission9t not affecting the coruit'Uction or meaning of this Ordinance and the City Code may be freely made.. Section 5. Severability. If any section. Bubsectiont sentence. clause1 phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of oompetentjuri8diction~ whether for :!!Iubstantivet procedural, or any other reason, such portion shall bo deemed a separa.te. di stinct and independent provision, and such holdi.ng shall not affect the validity of the remaining portioruJ of this ordinance. Sedlf)n ~. EfYec.tive DJlte. This Ordinance shall beoome effective inunediately upon adoption by the City Conunission of the City of Winter Springs, Florid8~ and pursuant to the City Charter. City of WInter Sprln~ ,,_.5=___ __ ~'t<~ ...""'...... ..... lttp://weblink.winterspringsfl.org/weblink7 /ImageDisplay .aspx?cache=yes&sessionkey= WLImageDispla... 10/12/200'. Page 1 of . Section 7. SUDII~t Review. One (1) year after the effective date of this Ordirumoc. the City Manager is hereby instructed to place this Ordinance on the City Commission agenda for review at a reiUIarly scheduled Commission meeting. The agenda item shall contain background information regarding the application of this Ordinance during the previous one year, At the meeting, the City Commis8ion will discu~s the effectiveness of this Ordinance and whether or not the Ordinance should remain the same or be modified or repealed. ADOPTED by the City Commiseion of the City of Winter Spring~, Ftocida, in a regular meeting assembled on the 9th day of JulYt 2007. ..rrr M Ct\.4. 'I" - , .~ Q-. .. A LORENZO-LUACES lerk AS TO LEGAL FORM AND SUFnGENCY TY OF WINTER SPRINGS ONLY. ANTHONVA.GARGANESE City Attorney First Reading: June 25. 2007 Second Readil1.g: July 9j 2007 Effootive Date of OrdinauC<l: July 9, 2007 City of Winter Spring~ lttp://weblink.winterspringsfl.org/weblink7 /ImageDisplay .aspx?cache=yes&sessionkey= WLImageDispla... 10/12/200' CITY OF WINTER SPRINGS SPECIAL MEETING - OCTOBER 2, 2007 ] 00207 _Special_Meeting_Regular _60] _LMiller]ermiCAppeal COMMISSION AGENDA ITEM 601 Consent Informational Public Hearin Re ular X October 2, 2007 SpecIal Meetmg Mg --Hd / Dept. ~~orization REQUEST: The City Manager requesting the City Commission to hear an appeal from Mr. Lon Miller of 1314 Deer Run regarding an improperly issued fence permit. PURPOSE: The purpose of this agenda item is for the Commission to hear an appeal from Mr. Lon Miller of 1314 Deer Run regarding an improperly issued fence permit, and render a decision based upon the record of this matter. CONSIDERA TIONS: On July 27, 2007 Mr. Miller was issued a fence permit which did not receive the required aesthetic review. After completion of the aesthetic review it was determined that the chain link gate approved in the permit did not satisfy the compatibility provisions of Section 9-607 of the City Code and Policy 1.2.13 of the Comprehensive Plan. This agenda item was originally scheduled for September 10, 2007 and rescheduled to this date at the request or Mr. Miller due to a medical issue. FUNDING: The City Manager has agreed to reimburse Mr. Miller $400 in out-of-pocket costs. RECOMMENDATIONS: It is recommended that the City Commission he:lr Mr Miller's :lppeal and render whatever decision it deems appropriate based upon the record of this matter. A TT ACHMENTS: 1. City Manager Letter of August 29, 2007 2. Lon Miller Letter of September 5, 2007 COMMISSION ACTION: CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone (407) 327-1800 Ronald W. McLemore City Manager August 29,2007 Mr. Lon Miller 1314 Deer Run Winter Springs, FL 32708 Dear Mr. Miller: I am sorry to inform you that fence permit Number 200701826 issued to you on July 27, 2007 to construct a gate on Northern Way was issued by the City in error. As a result, I must provide you notice that this permit is null and void and has been revoked effective this date. You have five (5) days from receipt of this letter to appeal my decision to the City Commission. Therefore, if you desire to appeal my decision, you must provide me with written notice of your desire to appeal. Due to the error involved, the City is willing to reimburse you for your out-of-pocket costs for installing the gate, provided these costs are reasonably documented. Your permit establishes the value of the gate project at $400. There are two issues involved with respect to my decision stated herein as follows: First; Section 9-607 of the City Code provides that the City Manager or his designee will perform an aesthetic review of all permits of this type prior to issuance of the permit. The purpose of the review is to determine if the proposed project will be compatible with the physical characteristics of your property and the surrounding the area. An aesthetic review of this fence permit was not performed prior to issuance of the permit as required by the City Code. Once this matter was brought to my attention, I performed the required aesthetic review under the criteria set forth in section 9-607. Based on my review of your proposed gate project, I have concluded that the chain link gate section that was installed pursuant to the erroneously issued permit is not compatible and not in harmony with existing buildings and structures on your property and with the surrounding neighborhood. For example, the chain link gate is entirely inconsistent with the balance and materials used for your existing wooden fence; :mn other suitable fences along road rights of ways in your area. Also, the chain link gate, in comparison to the existing wooden fence and other suitable fences in the area, is completely out of contrast and adversely affects the positive aesthetic balance and unity of the surrounding neighborhood. I also concluded that the proportion and scale of the chain link gate is out of character for your property and the area. Moreover, the texture of wood materials is far more compatible with the materials used for the existing fence on your property than the chain link gate. Further, the chain link gate section seriously compromises the opaque buffer offered by the remainder of your existing fence. , Additionally, I also want to emphasize that the scale of the gate section appears to be excessive. The excessive width of this gate section appears to be chosen to make it possible for vehicles to have access to the back yard and the newly constructed garage, which you have previously described to me to be a place for the storage of vintage vehicles. Policy 1.2.13 on page 11-46 of the Transportation Element of the City's Comprehensive Plan clearly provides that no individual residential driveways will be permitted on collector roads or arterial roads. It further provides that individual driveways shall be located on local roads, which channel trips to the collector and arterial systems. The gate is located on Northern Way. Northern Way is a collector road. The Northern Way side of your lot cannot be utilized for vehicle access or egress for your property because your property already has existing access on a local road (Deer Run). Therefore, a gate of the magnitude contained in your proposed gate project does not appear to be warranted, especially in light of the City's Comprehensive Plan and other aesthetic issues discussed above. Unless my decision to declare this building permit null and void and revoked is appealed by you, and subsequently overturned by the City Commission in an appellate proceeding, you will be required to remove the chain link gate and re-install the opaque wooden fence that existed prior to the installation of the gate. The reinstallation of the opaque wooden fence shall be completed within thirty (30) days of the receipt of this letter, or as otherwise directed by the City Commission. Lastly, I wish to advise you that nothing contained in this letter prevents you from applying for another building permit for a gate section that meets the requirements of the City's Code including aesthetic review criteria. Sincerely, ((17NM?J. 11'1< rr Ronald W. McLemore City Manager Ijp cc: Mayor and Commission Community Development Director Code Enforcement Manager 082907 Permit #200701826 Revocation Page 2 of2 RECEIVED SEP 0 5 2007 CITY OF WINTER SPRINGS City Manager September 5, 2007 Mr. Ronald McLemore City Manager Winter Springs, FL 32708 Dear Mr. McLemore This letter is to inform you that I do wish to appeal your decision to the City Commission in regard to fence permit number 200701826 which you indicated was issued in error. Sincerely "'" ~~ Lon Miller 1314 Deer Run Drive Winter Springs, FL 32708 cc:CK Wednesday, Septembe< os. 2007 America Online: lonnmimiller Page: 1 CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone (407) 327-1800 Ronald W. McLemore City Manager September 28, 2007 COpy Michael D. Jones & Associates, P.A. P.O. Box 196130 Winter Springs, FL 32719-6130 RE: Lon Miller Appeal Dear Mr. Jones, In response to your letter of September 27,2007, please be advised that your client's appeal has been rescheduled to the October 22, 2007 Commission meeting. Also, please be advised that the starting time of Commission meetings has been changed to 5: 15 PM. Please advise your client of the change of dates. Sincerely, Ronald W. McLemore City Manager cc: Lon Miller ~. ~ \- A-XC--{) ') MA I LC.-:[) -ro M. ':Yo A...XC J . I 1_ ( {'L ~ I 0-' '2 JW ~~~\ c.t:J H M/t \ LG..O To L-. ('v\, L.L.GA-. <; ~ <:- O/r1. MICHAEL D. JONES & ASSOCIATES, P.A. ATTORNEYS AND COUNSELORS AT LAW P.O. Box 196130 Winter Springs, Florida 32719-6130 Telephone: 407/695-7666 September 27,2007 Facsimile (407) 695-7157 Of Counsel: Kenneth M. Leffler Mr. Ronald McLemore City Manager, City of Winter Springs 1126 East State Road 434 Winter Springs, FL 32708-2799 RE: Lon Miller, 1314 Deer Run Dear Mr. McLemore: The above-referenced citizen has asked that I speak on his behalf at a meeting to be held before the City Commission. I am advised that you have asked Mr. Miller to advance the hearin~ date from October 8th as set out in your letter of September 12, 2007, to October 2n , as set out in your September 20th, 2007 letter. I understand Mr. Miller has approved your telephone request, however, I must respectfully ask for another date. I have not had time to adequately review this matter and have asked under separate cover for a public records request in order for me to be fully aware of what the City's position is on this matter. I would ask that you continue this matter for at least two weeks in order for the City to get the information together and for me to review the same. Please advise of the continuance at your earliest convenience. MDJ/jmh Copy to: Sincerely, ...~ ~iChael D. J{nes Lon Miller