HomeMy WebLinkAbout2001 05 14 Regular D Approval for the Variance - Fences
COMMISSION AGENDA
'ITEM
D
Consent
Information
Public Hearin
Re ular
x
May 14.2001
Meeting
MGR.h /Deptf2-
REQUEST: The Community Development Department presents to the Commission the
recommendation of the Board of Adjustment as it relates to a variance to Section
6-190 of the Code of Ordinances and to request approval for the variance.
PURPOSE: The purpose of this agenda item is to present to tbe Commission the
recommendation of the Board of Adjustment as it relates to a variance which
would allow a fence to be greater than four (4) feet in height forward of the
building line.
CONSIDERA TIONS:
The property is located at 180 East Panama Road. Mrs. Bledsoe, the applicant,
would like to construct a fence and decorative entry gates that are higher than
allowed by Section 6-190 of the Code of Ordinances. The proposed gates are to
be located twenty (20) feet from the front property line. An illustration is
attached.
APPLICABLE LAW:
Sec. 6-190. Height limitations generally.
All walls or fences her~after located, erected, constructed, reconstructed or altered
outside of the established building line shall adhere to the following heights: If
front of the front building line, no more than foru (4) feet in height; if to the rear of
the front building line, provided the provisions of section 6-191 are met for corner
lots, no more than eight (8) feet in height.
May 14,2001
REGULAR AGENDA ITEM D
Page 2
CHAPTER 20
ZONING
DIVISION 3. BOARD OF ADJUSTMENT
Sec. 20-82. Duties and Powers; general.
The Board of Adjustment shall make recommendations to the City Commission to
grant any variance or special exception as delineated in this chapter.
In order to recommend any variance from the terms in this chapter, the
board of adjustment must and shall find:
1. That special conditions and circumstances exist which are peculiar
to the land, structure or building and which are not applicable to
other lands, structures or buildings in the same zoning district;
2. That the special conditions and circumstances do not result from
the actions of the applicant;
3. That granting the variance requested will not confer on the
applicant any special privilege that is denied by this chapter to other
lands, buildings or structures in the same zoning district;
4. That literal interpretation of the provisions of this chapter would
deprive the applicant of rights commonly enjoyed by other
properties in the same zoning district under the terms of this
chapter and would work unnecessary hardship on the applicant;
5. That the variance granted is the minimum variance that will make
possible the reasonable use of the land, building or structure;
6. That the grant of the variance will be in harmony with the general
intent and purpose of this chapter, will not be injurious to the
neighborhood, or otherwise detrimental to the public welfare.
FINDINGS: 1) Similar variances were granted for 250 Tradewinds Road (August 1985),355
East Bahama Road (October 1986), 840 Dyson Drive (December 1988), 680
Fisher Road (January 1990), and 250 East Panama Road (February 8, 1999).
2) Although the conditions of approval required in Section 20-82( 1) ( c), listed
above, were not met, the Board of Adjustment granted the variance request.
3) The requirements of Section 20-83(c), dealing with notice requirements, have
been met.
May 14,2001
REGULAR AGENDA ITEM D
Page 3
CHRONOLOGY:
February 19, 2001 -
April 5, 2001 -
Variance Application received by the City.
Board of Adjustment public hearing for recommendation to the City
Commission.
Minutes approved by the Board of Adjustment.
May 3,2001 -
RECOMMENDATION:
Staff agrees with the Board of Adjustment and recommends that the City Commission approve
the variance request as recommended by the Board of Adjustment.
A TTACHMENT: A - Illustration of Proposed Fence
B - Variance Application
C - Approved Board of Adjustment Minutes for April 5, 2001 Hearing
COMMISSION ACTION:
ATTACHMENT A
Illustration of Proposed Fence
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ATTACHMENT B
Variance Application
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BOARD OF ADJUSTMENT APPLICATION
CITY OF WINTER SPRINGS
1126 EAST STATE ROAD 434
WINTER' SPRINGS, FL .32708-2799
(407)327-1800
FOR:
Y..
SPECIAL EXCEPTION
VARIANCE
CONDITIONAL USE
ADMINISTRATIVE DECISION
1. APPLICANT:
ADDRESS:
.'
" 2 PURPOSE OF
r/<::./c /V). R1F.,l) SeJEPHQNE Lf~7-0fS-~hs7
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REQUEST: III r uP /f 'FT#/~I/ r6/.rE- M/J re..S
3.
ATT~CH A COPY OF THE PARCEL SURVEY. S~~~~~~.
ATTACH AN 11 x 17 MAP SHOWING THE SUBJECT PROPERTY AND ~~~, ~L~~~
SURROUNDING PARCELS,
4.
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5. ATTACH LEGAL' DESCRIPTION. 5t:E ~~p~~
6. TAX PARCEL IDENTIFICATION NUMBER: oa -~/-.s/1- ~8Z- t'?Boo -CJ/cJ/7
7. LOCATION OF PARCEL (Street Address and/or Nearest Cross
st r e ets) :. /W;';:)J5[J:fi ft3f HiA, '<F><" ~'/
8. PRESENT ZONING: HcU'5-. r:.
FUTURE LAND USE: A(~I/~
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By Signing below' I understand that city of Winter Springs Officials
may enter upon my property to inspect that portion as relates to
this application:
(If the applicant is not the owner of the subject property, the
applicant must' attach a letter of authorization signed by the
owner) .
cLSIF: j\A.., f1i-QJ~CJ~
OWNER-PLEASE TYPE
~tA~ (4!~
o NER-SICN'A URE '
PERSONS ARE ADVISED THAT, IF THEY DECIDE TO APPEAL ANY, DECISIONS
MADE AT THESE MEETINGS/HEARINGS, THEY WILL NEED A RECORD OF THE
PROCEEDINGS AND FOR SUCH PURPOSE, 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 SECTION 286.0105, FLORIDA STATUTES
.t .,r
SECTION 20-84 - APPEALS FROM DECISIONS OF THE BOARD OF ADJUSTMENT
(1) Any person, or persons, jointly or severally aggrieved by
any decision of the Board of Adjustment may, within thirty (30)
days after the filing of any decision in the office of the Board of
Adjustment, but not thereafter, apply to the city Council for
administrative relief. After a hearing,before the City Council an
aggrieved party may, within thirty (30) days after the decision of
the city Council, file an appeal with a court of competent
iurisdiction over the subiect matter.
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ATTACHMENT C
Board of Adjustment Minutes
CITY OF WINTER SPRINGS
MINUTES
BOARD OF ADJUSTMENT
REGULAR MEETING
APRIL 5,2001
I. CALL TO ORDER
The Board of Adjustment Regular Meeting was called to order Thursday, April 5, 2001,
at 7:01 p.m. by Vice Chairperson Elizabeth Randall in the Commission Chambers of the
Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida
32708). The Pledge of Allegiance followed.
Roll Call
Chairperson Greg Smith, absent
Vice Chairperson Elizabeth Randall, present
Board Member Sally McGinnis, absent
Board Member Jack Taylor, present
Board Member Thomas Waters, present
Also Present
Mr. Charles Carrington, AICP, Community Development Department Director
Mr. Dennis Franklin, Building Official
II. REGULAR AGENDA
A. Community Development Department Presents To The Board Of Adjustment
The Request For Elsie A. Bledsoe To Have A Fence Greater Than Four (4)
Feet In Height Forward Of The Building Line. The Fence, At Its Highest
Point, Is Approximately Six (6) Feet In Height
Mr. Charles Carrington, ACIP, Community Development Department Director
introduced Mr. Dennis Franklin, Building Official; and the Agenda Item.
Mrs. Elsie A. Bledsoe, 160 East Panama Road, Winter Springs, Florida: spoke of
needing the higher wall height because "I plan to get horses for my grandkids; and "I
think it would look nice." .
Mr. Bill Fernandez, asked from the audience "Do you own any other property out there?"
Mrs. Bledsoe replied "Yes, I <?wn two other properties, 150 and 160. I have lived there
for twenty (20) some years." Mr. Fernandez then asked, "Did you talk to all your
neighbors?" "Yes, I did." Mrs. Bledsoe replied. Mr. Fernandez again asked "Any of
CITY OF WINTER SPRINGS
MINUTES
BOARD OF ADJUSTMENT
REGULAR MEETING - APRIL 5, 2001
PAGE20F4
them voice objections?" Mrs. Bledsoe said "No, they all - I had a letter you know and
they all signed it and then I brought it up here and they said they didn't need that."
The Board asked Mrs. Bedloe if anyone else out there had high fences. Mrs. Bledsoe
said, "There is a lot of them. Mostly the whole street down there has them and other
streets to, Tradewinds - there's a lot of them out there, and it's the Ranchlands - and it's
the horses."
Mr, Bill Fernandez, 250 East Panama Road, Winter Springs, Florida: spoke of his past
request for a Variance and stated "As far as this meeting, it is unfortunate that you folks
have to waste your time on this matter. The City Commission - proposed in his bequest -
request of me not to go forward with my Variance request in front of the City
Commission because the City Commission was going to amend the Ordinance for the
Ranchlands and change the height in front of the twenty-five foot (25') setback line to six
feet (6'). Obviously the City Commission has not done so. So once again it is being
dumped on you folks again to address this matter. Now as far as the fences out there I
brought you numerous pictures and you stopped me half way through, you were tired of
seeing the pictures. But I had a little stick and I measured every fence out there, up and
down Panama, Bahama, Tradewinds and every one of them are six feet (6')."
Mr. Fernandez continued, "I do know that Mr. Taylor has some sort of reservation about
granting a Variance, it ought to be exceptional and extraordinary. Folks we wouldn't
even be here if the City Commission did it's job. But the City Commission didn't do it's
job and so now it's back to you and we're going to press it again in front of the City
Commission and maybe this time they'll do something about it and change the Ordinance
and it won't be necessary to bother you folks but this is a person asking three (3) people,
neighbors, human beings, not politicians, but you folks to consider a serious request. A
request that will benefit the neighborhood, her own particular home and will be good for'
the City. It's not detrimental and I don't think you will hear any objections to it."
Discussion.
MOTION BY BOARD MEMBER TAYLOR. "I WOULD LIKE TO MAKE A
MOTION THAT WE, THE BOARD OF ADJUSTMENT FORWARD THIS
APPLICATION TO THE CITY WITH THE RECOMMENDATION TO
APPROVE THE APPLICATION." SECONDED BY BOARD MEMBER
WATERS. DISCUSSION. WITH CONSENSUS OF THE BOARD THE MOTION
WAS APPROVED.
MOTION CARRIED.
CITY OF WINTER SPRINGS
MINUTES
BOARD OF ADJUSTMENT
REGULAR MEETING - APRIL 5. 2001
PAGE 3 OF 4
B. Community Development Department Presents To The Board Of Adjustment
The Request For Howard And Libby Baity For A Variance To Section 9-241.
( c ) To Have A Finished Floor Elevation Less That Eighteen (18) Inches
Above The Hundred Year Flood Stage.
Mr. Carrington introduced this Agenda Item.
Mr. Howard Baity 1393 Santiago Court, Winter Springs, Florida: spoke of being a new
builder; and he "made a mistake."
Discussion.
Chairperson Randall asked "Does anyone have any other questions for the builder?
Would the owners like to speak, or do you having anything to add for to the record.
Okay, anyone else, any neighbors, - any other questions."
Board Member Waters stated "I have a question for the owners? Do you understand what
we would be looking for? I guess the question is, what my recommendation would be -
if its approved, would be that you can't hold the City liable for any damage that you have.
Do you have a problem with that?"
Ms. Libby Baity and Howard Baity, 1393 Santiago Court, Winter Springs, Florida: Ms.
Baity said "No, sir. I did call insurance places and they would not require me to hold
flood insurance which I would not be able to afford, so I hope that would not be a part of
that. But I would not hold the City liable for anything."
MOTION BOARD MEMBER TAYLOR. "I'D LIKE TO MAKE A MOTION
THAT THE BOARD OF ADJUSTMENT FORWARD THIS APPLICATION TO
THE CITY COMMISSION WITH THE RECOMMENDATION TO APPROVE IT
WITH THE STIPULATION THAT THE APPLICANT ACKNOWLEDGES
THAT THEY WILL HOLD THE CITY HARMLESS, THE CITY OF WINTER
SPRINGS, AND ANY LIABILITY WHICH MAY BE CAUSED TO THIS
RESIDENT BECAUSE OF THE FINISHED FLOOR ELEVATION BEING
LOWER THAN THAT IS REQUIRED BY CODE WOULD NOT EFFECT THE
CITY." SECONDED BY BOARD MEMBER WATERS. "I'LL SECOND THAT
WITH AN ADDITION OR AMENDMENT." DISCUSSION.
AMENDMENT BY BOARD MEMBER WATERS. "I WOULD LIKE TO SEE
SOMETHING IN THERE THAT THE OWNERS HAVE TO, IF THEY DECIDED
TO PUT THE HOUSE ON THE MARKET ANY TIME DOWN THE ROAD,
ANYONE, THAT THEY HAVE TO DISCLOSE TO BUYERS IN THE FUTURE
OF THIS. I COULD SEE SOMETHING IN THERE THAT - I HAVE THIS
MENTALITY THAT WE HAVE A LOT OF HOUSES THAT, BACK WHEN IT
..
CITY OF WINTER SPRINGS
MINUTES
BOARD OF ADJUSTMENT
REGULAR MEETING - APRIL 5. 2001
PAGE 4 OF 4
USE TO RAIN, AND SUDDENLY THEY ARE FLOODED, PEOPLE COME
BACK AND BLAME THE GOVERNMENT AND YOU HAYE SOME
SITUATIONS WHERE YOU HAVE 'IT'S NOT THE GOVERNMENT'S FAULT'.
SO I'D LIKE TO MAKE THAT MOTION WITH THAT ADDITION OR
SECOND THAT MOTION WITH THAT ADDITION." DISCUSSION. WITH
CONSENSUS OF THE BOARD THE MOTION WAS APPROVED.
MOTION CARRIED.
III. ADJOURNMENT
Chairperson Randall asked, "Do I hear a Motion for Adjournment?"
MOTION BY BOARD MEMBER WATERS. "SO MOYED." SECONDED.
DISCUSSION. WITH CONSENSUS OF THE BOARD THE MOTION WAS
APPROVED.
MOTION CARRIED.
Vice Chairperson Randall adjourned the meeting at 7:29 p.m.
RESPECTFULLY SUBMITTED:
DEBBIE GILLESPIE
DEPUTY CITY CLERK
APPROVED:
ELIZABETH RANDALL, VICE CHAIRPERSON
BOARD OF ADJUSTMENT
NOTE: These minutes were approved at lhe
.2001 Board of Adjustment Meeting.
S:\City Clerk\Docs\Word\BOARDS\ADJUSTME\al1l\Draft Minutes\2001 \Adj040501.doc