HomeMy WebLinkAbout2006 04 10 Other Public Input Garage Deer Run
Date: April 10, 2006
The attached was read into the Record by City
Manager Ronald W. McLemore on April 10,
2006 during "Public Input".
CITY OF WINTER SPRINGS, FLORIDA
Ronald W. McLemore
City Manager
1126 East State Road 434
Winter Springs, Florida 32708
Telephone: 407-327-5957-Facsimile: 407-327-6686
MEMORANDUM
TO:
Mayor and Commission
Ronald W. McLemore, City Manager
FROM:
DATE:
April 10, 2006
SUBJ: Garage - Deer Run
COMMUNITY STANDARDS
Public Municipal Codes in combination with Private Restrictive Covenants provide an
effective tool for enforcing safety and aesthetic standards.
Municipal Codes in combination with Private Restrictive Covenants form the foundation
for community and neighborhood standards in two ways.
1. Public Municipal Standards establish building safety and minimal design
standards that are applied unilaterally throughout the city or in a particular
zoning district. Except in special situations Public Municipal Standards do
not usually address aesthetics. Winter Springs does not have single family
aesthetic review standards, but does have commercial and multi-family
aesthetic review standards.
2. Private Restrictive Covenants allows a developer to establish aesthetic
standards that the developer of the neighborhood wants to offer to the future
residents of the development. Once a neighborhood is completed by the
developer the responsibility for enforcement of the original standard is turned
over to the residents to enforce through a design review board or a
homeowners association. The residents of the neighborhood can amend
restrictive covenants through actions established in the restrictive covenants
and or homeowner association documents.
Enforcement Authority of Public Municipal and Private Restrictive Covenants is divided
between municipal government, and private developers and residents. Municipal
Governments cannot enforce private restrictive covenants. Private developers and
homeowners cannot enforce public municipal codes. Therefore, both entities must carry
out their respective functions if the full measure of protection is to be accomplished.
Page 1 of 3
DEER RUN GARAGE CASE
Public Municipal Codes. In this case the proposed garage complied with all Public
Municipal Codes, and the City had no alternative but to issue the permit.
Unit 4 Private Restrictive Covenants. In this case the Unit 4 Restrictive Covenants had
the appropriate language to prevent the garage from being built as designed.
Unfortunately, however, the restrictive covenants were allowed to lapse as a result of the
residents and the Tuscawilla Homeowner's Association failing to renew the covenants as
required by State Law. Therefore, they could not be utilized to address concerns
regarding the garage.
Recommended Actions.
1. Negotiated Settlement. The city and the applicant could agree to explore
alternatives for reducing the negative perceptions of the garage on the
surrounding neighborhood. Due to the sensitivity of these negotiations it is
recommended that there be no further public discussion of this cause of action.
It should be noted that opposition to the garage is not unanimous. Opinions have
been made by residents who would also like to build a similar facility for hobbies,
and storage.
This factor raises the need for additional action on the part of the city and the
public to ensure that the aesthetic standards of the majority are going to be
protected, and that the values of property are maximized within desired standards.
2. Public Municipal Code Enforcements Enhancements. Public Municipal Codes
need to be strengthened to provide for an adequate level of protection of
community standards even when the enforcement of private deed restrictions may
fail to be carried out.
Staff is currently developing code options for the Commission to review in the
immediate future.
3. Private Restrictive Covenants Enhancements. It is essential that Unit 4
Restrictive Covenants be reinstated. It is also essential that the restrictive
covenants of all the various home owner association be reviewed for the
following:
a) To begin action required to restore restrictive covenants of other parts of
Tuscawilla which may have elapsed.
b) To strengthen the provisions of restrictive covenants that are in place but
require enhancements.
It is important to understand that this is going to be a very important and difficult task.
For that reason I have asked Bill Reischmann, Attorney for the Tuscawilla Homeowners
Association to describe this process to the Commission and the public.
Page 2 of3
RECOM:MENDATIONS. It Is recommended that the Commission approve the
following:
1. Authorize the City Manager to continue negotiations with the owner of the
garage at 1314 Deer Run to explore alternatives for reducing the undesirable
impacts of the garage on the neighborhood as perceived by the residents of the
neighborhood.
2. Authorize the City Manager to develop code enhancements which will
provide for a higher level of protection of community wide standards.
3. Authorize the City Manager to communicate with the various home owner
associations in Tuscawilla to explore the need to review, and where necessary,
strengthen restrictive covenants applicable to their neighborhoods.
JP
041006/Deer Run Garage
Page 3 of 3