HomeMy WebLinkAbout2001 06 25 Regular B Intersection Obstructions
COMMISSION AGENDA
ITEM
B
Consent
Information
Public Hearin
Re ular
x
June 25. 2001
Meeting
M~ /D~
REQUEST: The Community Development Department presents to the City Commission a
request from the Highlands Homeowner's Association for a variance to Section 6-
191 which limits intersection obstructions.
PURPOSE: The purpose of this agenda item is to consider a request of the Highlands
Homeowner's Association for a variance to allow the replacement of an existing
community fence located in the common area which would not meet the
requirements of Sec. 6-191, because the existing fence was constructed closer
than 25 feet from the intersecting property line comer adjacent to the street
intersection comer.
APPLICABLE LAW AND PUBLIC POLICY:
ARTICLE VID. FENCES, WALLS, HEDGES
Sec. 6-191. Limitations when adjacent to street, intersection.
To avoid obstruction of clear vision around or through comers on comer lots, no
fence, wall or hedge shall be erected, planted grown within twenty-five (25) feet
of the intersecting property line comer adjacent to the street intersection comers.
June 25,2001
REGULAR AGENDA ITEM B
Page 2
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.
(1) The board of adjustment shall have the additional following specific powers
and duties:
a.
b.
c. To recommend upon appeal such variance from the terms of this
chapter as will not be contrary to the public interest where, owing to
special conditions, a literal enforcement of the provisions of this
chapter will result in unnecessary and undue hardship. In order to
recommend any variance from the terms of 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;
June 25, 2001
REGULAR AGENDA ITEM B
Page 3
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.
d. .....
(2) In recommending the granting of any variance, the board of adjustment may
recommend appropriate conditions and safeguards. Violations of such
conditions and safeguards, when made part of the terms under which the
variance is granted, shall be deemed a violation of the chapter. The board of
adjustment may recommend a reasonable time limit within which the action
for which the variance is required shall be begun, or both.
(3) Under no circumstances shall the board of adjustment recommend the
granting of a variance to permit a use not generally or by special exception
permitted in the zoning district involved, or any use expressly or by
implication prohibited by the terms of this chapter in the zoning district. No
nonconforming use of neighboring lands. structures or buildings in the same
zoning classification or district. and no permitted use of lands, structures or
buildings in other zoning classification or districts shall be considered
grounds for the authorization of a variance.
(4)
(5)
Sec. 20-83. Procedures.
(a) Upon receipt, in proper form and with appropriate fees, an application for a
variance, special exception or conditional use as delineated in this chapter, the
board of adjustment shall schedule such application for consideration at a
public meeting.
(b) All such applications will be processed within sixty (60) days of receipt of
same.
(c) All meetings for consideration of a variance. special exception or conditional
use shall be noticed for at least seven (7) days prior to the date of the meeting
in the following manner:
I
(1) Posting the affected property with a notice of the meeting which
indicates the matter to be considered.
June 25, 2001
REGULAR AGENDA ITEM B
Page 4
(2) Posting in city hall a notice of the meeting which indicates the
property affected and the matter to be discussed.
(3) At least seven (7) days prior to the meeting, the board of adjustment
shall also notify all owners of property adjacent to or within one
hundred fifty (150) feet of the property to be affected of the time, date
and place of the meeting. Such letter must also indicate the variance,
special exception, or conditional use requested, and must require proof
of delivery.
(d) All interested persons shall be entitled to be heard as such meetings or to be
hard by written statement submitted at or prior to such meeting.
(e) In the event a special exception, variance or conditional use is not authorized
by ordinances of the city, the person requesting the unauthorized action must
submit an application pursuant to section 20-28.
(f) Appeals to the board of adjustment may be taken by any person aggrieved or
by any officer, board or bureau of the city affected by any decision of an
administrative official under the zoning regulations. Such appeals shall be
taken within thirty (30) days after such decision is made by filing with the
officer from whom the appeal is taken and with the board of adjustment, a
notice of appeal specifying the grounds thereof. The appeal shall be in such
form as prescribed by the rules of the board, The administrative official from
whom the appeal is taken shall, upon notification of the filing of the appeal,
forthwith transmit to the board of adjustment all the documents, plans, papers
or other material constituting the record upon which the action appealed from
was taken.
(g) The board of adjustment shall fix a reasonable time for the hearing of the
appeal, five public notice thereof, as well as due notice to the parties in
interest, and make recommendations to the city commission for the appeal
within a reasonable time. Upon the hearing, any party may appear I person or
by agent or by attorney. For procedural purposes, an application for a special
exception shall be handled by the board of adjustment the same as for appeals.
(h) Any variance, special exception or conditional use which may be granted by
the council shall expire six (6) months after the effective date of such action
by the city commission, unless a building permit based upon and
incorporating the variance, special exception or conditional use is obtained
within the aforesaid six-month period. However, the city commission may
renew such variance, special exception or conditional use for one (1)
additional period of six (6) months, provided good cause is shown and the
application for extension shall be filed with the board at least thirty (30) days
prior to the expiration of the sic-month period, Any renewal may be granted
June 25, 2001
REGULAR AGENDA ITEM B
Page 5
without public hearing, however, a reapplication fee may be charged in an
amount not to exceed the amount of the original application fee. It is
intended that provisions contained within this subsection are to be retroactive
to the extent that any variance, special exception or conditional use previously
granted shall become void if a period of time in excess of twelve (12) months
shall have lapsed, and a building pennit based upon and incorporating the
variance, special exception or conditional uses has not been issued prior to
expiration of such time limit.
FINDINGS: 1) The original fence was constructed prior to the adoption of the applicable City
regulation.
2) During a field visit, staff was able to confinn that the existing fence does not
cause an obstruction to oncoming traffic, because a sidewalk and generous
landscape area exist between the existing fence and the actual pavement for
Sheoah Boulevard.
3) A stonnwater retention area is currently located behind the fence that limits
the relocation of the fence to meet the code requirements. Staff confinned
the location of the retention area during a site visit and photographs were
provided by the applicant.
4) The requested variance is a result of special conditions and circumstances
which are peculiar to this property and are not a result of the actions of the
applicant.
5) The literal interpretation of Section 6-191 would deprive the applicants of
rights commonly enjoyed by other properties in the same zoning district.
6) The variance, if granted, would be the minimum necessary variance necessary
for reasonable use of the land.
7) The six conditions of Section 20-82(1 )c., which must be met to allow a
variance, have been met.
CHRONOLOGY:
April 23, 2001 - Variance application received by City
May 3,2001 - Board of Adjustment Hearing
June 7, 2001 - Board of Adjustment approval of minutes
RECOMMENDATION:
Staff recommends the City Commission approve the variance request of the Highlands
Homeowner's Association.
BOARD OF ADJUSTMENT RECOMMENDATION:
The Board of Adjustment, during their May 3,2001 hearing, recommended approval of the
variance to the City Commission.
June 25,2001
REGULAR AGENDA ITEM B
Page 6
ATTACHMENTS: A - Legal Description
B - Property Map
C - Variance Application
D - Letter from the Highlands Homeowner's Association
E - Site photographs of existing fence
F - Board of Adjustment Minutes from May 3,2001 hearing
COMMISSION ACTION:
ATTACHMENT A
HIGHLANDS GLEN
A REPLA T OF TRACT 8,THE HI~HLANDS SECTION THREE
CITY OF WINTER SPRINGS,SEMINOLE COUNTY, FLORIDA
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ATTACHMENTB
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Curve
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16
Delta Angle
2"38'38"
2.09'01"
3"47'48"
7"19'50"
7"33'29"
4"00'49"
21"18'51"
86"28'01'
11"36'28"
86.28'01"
11"36'28" -
23"36'42"
96"21'36'
3"53'12"
35.41'30"
35"41'30"
JOB NO.: 01-027
DATE:
FiElD: 01-016-01
SIGNED: 01.23-01
DRAWN BY: JWJ
P,C:T.F.
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Radius
1545.74
1545.74
1545.74
830.23
25.00
132.76
25,00
10.00
152.27
10.00
152,27
25.00
10.00
100.27
25.00
25.00
LEGEND
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58.01
102,43
106.22
3.30
9.30
9.30
15,09
30.85
15.09
30.85
10.30
16.82
6.80
15.57
15,57
NOTES:
1. THIS SURVEY WAS PREPARED FROM TITLE INFORMA TlON FURNISHED TO THIS SURVEYOR. THERE MAY BE OTHER RESTRICTIONS OR
UNRECORDED EASEMENTS THAT AFFECT THIS PROPERTY.
2, NO UNDERGROUND IMPROVEMENTS HAVE BEEN LOCATED UNLESS OTHERWISE SHOWN,
3. THIS SURVEY IS PREPARED FOR THE SOLE BENEFIT OF THOSE CERTIFIED TO AND SHOULD NOT BE RELIED UPON BY ANY OTHER ENTITY.
4. DIMENSIONS SHOWN FOR THE LOCA nON OF IMPROVEMENTS HEREON SHOULD NOT BE USED TO RECONSTRUCT BOUNDARY LINES.
5. BEARINGS ARE BASED ON RECORD PLAT DATUM AND ON THE LINE SHOWN AS BASE BEARING (BB).
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REVISED SCALE: 4-11-01
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origina!r.lised seal of I FIorida_
Q.WVeyor arrj mapper. Additions and
cldetionsll> survey map$ or....... by
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And LB 4565
Mapping
Associates, Inc,
109 W ORANGE ST
AlTAMONTE SPRINGS, fl
32m
PH. (407)696-1155
FENCE LOCATION SURVEY
FOR
THE HIGHLANDS HOMEOWNERS ASSOCIATION
PSM4143
ATTACHMENT C
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BOARD OF ADJUSTMENT APPLICATION
CITY OF WINTER SPRINGS
1126 EAST STATE ROAD 434
WINTER SPRINGS, FL 32708-2199
.(407)327-1800
FOR:.
SPECIAL EXCEPTION
VARIANCE
'CONDITIONAL USE
ADMINISTRATIVE DECISION
-
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APPLICANT: ;1'IIHII..4-o405 1-I.M.c..ow,.,~'" .4~. 'PHo.NF('fQ7.).32.7-()(,,'fo
ADDRESS: ;22.0Cl s:t..~It;>ArJ Ro...JuJ....t'c.~..Y,.'~,'SI~L. 32.7c8
PURP.OSEOF REQUEST: :7 :::~~c~ ~~~~~<J' ~c.nc.~7~A~ is .
IN a. s+...t.... lil' __~_p___......J ___.1.+-_+.. our _o_u""T''1
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3. ATTACH A COPY OF THE PARCEL SURVEY.
4. ATTACH AN 11 x 17 MAP S~OWING THE SUBJECT PROPERTY AND
SURROUNDING PARCELS.
S. ATTACH LEGAL' DESCRIPTION.
6. TAX. PARCEL IDENTIFICATION NUMBER:
~/)r
7. LOCATION OF PARCEL
Streets) :
SHeoA H
(street Address
_.t E-tuHtlC y
and/or
Nearest
Cross
8. PRESENT ZONING:
FUTURE LAND USE:
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;
(I f the appl icant is not the owner of the subject property, the
applicant must' attach a letter of authorization signed by the
owner) .
l~ro(..,., P.....:o.J L M...I ~o('-J pr"f.r.,...,
OWNER-PLEASE TYPE ~.~~,~r
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OWNER-SIGNATURE'r,A. 7'"Hc 1-/-tt-I-iI..A-.v()r
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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 I
INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE ,~~
BASED, PER SECTION 2a6.0105~ FLORIDA STATUTES "
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, appl y to the Ci t.y Counci 1 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, fil.e an appeal with a court of competent
iurisdiction over the subiect matter.
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ATTACHMENT D
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Homeowners'
Association. '
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2200 Shepard Road
WinterSpririgs. Florida 32708 " ,
(407) 327-0640 '
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The Highlands Horn,eowner Association is requesting a -variance in the corne'r
setback requirements for the fence they are seeking to replace on Sheoah Blvd.
at the north and ,south entrance into the Highlands Glen property.
1. This variance,. if granted, is the minimum variance that will make possible
reasonable use ofthe land to accommodate the storm water retention area
and the,fence.buffer for those properties that back up to Sheoah Blvd. This
variance will allow replacement of the fence where it is currently located.
2. Behind the existing fence is the required storm water retention area and
storm water retention structures which prevent moving .the fence line further
back from the street.
3. There is no other possible area on the property for use as a storinwah~r
r'etentioli area. , .'
4. Granting this varial1lc~ will not confer any special privilege to the applicants
de~ied to otht:r, lands, buildings and structures in the same zoning district.
5. Thes~ special conditions were not the result of action by the applicants.
6. The current.location of the fence at the north and south entrance does not in
anyway restrict visibility for those persons entering or exiting the property.
ATTACHMENT E
04/12/2001 - Highlands Glen Circle
South Entrance/North Side
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04/12/2001 - Highlands Glen Circle
North Entrance/North Side
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04/12/2001 - Highlands Glen Circle
North Entrance/South Side B 1'r{. K.
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04/12/2001 - Highlands Glen Circle
North Entrance/South Side
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04/12/2001 - Highlands Glen Circle
South Entrance/South Side
ATTACHMENT F
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CITY OF WINTER SPRINGS
MINUTES
BOARD OF ADJUSTMENT
REGULAR MEETING
MAY 3, 2001
I. CALL TO ORDER
Chairman Greg Smith called the Board of Adjustment Regular Meeting to order
Thursday, May 3, 2001, at 7:01 p.m. 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, present
Vice Chairperson Elizabeth Randall, absent
Board Member Sally McGinnis, present
Board Member Jack Taylor, present
Board Member Thomas Waters, present
Also Present
Ms. C. Jimette Cook, Code Enforcement Manager, Code Enforcement Division
Approval Of The April 5, 2001 Regular Meeting of the Board of Adjustment
Minutes
CHAIRMAN SMITH ASKED "ANY QUESTIONS REGARDING THE
MINUTES? ALL THOSE IN FAVOR OF APPROVAL SAY 'AYE' AND
'OPPOSED'." DISCUSSION. CHAIRMAN SMITH THEN SAID, "MOTION
APPROVED."
MOTION CARRIED.
II. REGULAR AGENDA
A. First Baptist Church Of Winter Springs Requests Variance To Allow
Grass Parking.
Ms. C. Jimette Cook, Code Enforcement Manager, Code Enforcement Division
introduced the Agenda Item.
Mr. Tom Skeleton, American Civil Engineering Company: explained of the reasons why
they were ~equesting the Variance. Discussion.
."
CITY OF WINTER SPRINGS
MINUTES
BOARD OF ADJUSTMENT
REGULAR MEETING - MA Y 3. 2001
PAGE20F2
MOTION BY BOARD MEMBER TAYLOR. "I RECOMMEND THAT WE PASS
IT ON TO THE CITY COMMISSION WITH A RECOMMENDATION TO
APPROVE IT." BOARD MEMBER WATERS SECONDED. DISCUSSION. BY
CONSENSUS OF THE BOARD THE MOTION WAS APPROVED.
MOTION CARRIED.
B. Highlands Homeowners Association Requests Variance For Fence
Replacement.
The Agenda Item was introduced by Ms. Cook.
Ms. Karen Payne-Malcolm, Property Manager, Highlands: spoke the request.
Discussion.
MOTION BY BOARD MEMBER WATERS. "I'LL MAKE A MOTION THAT
WE SEND IT ON TO THE BOARD FOR RECOMMENDATION FOR
APPROVAL OF THE VARIANCE." SECONDED BY BOARD MEMBER
TAYLOR. DISCUSSION. WITH CONSENSUS OF THE BOARD THE MOTION
WAS APPROVED.
MOTION CARRIED.
III. ADJOURNMENT
Chairman Smith asked "Any other business for the Board - I call for adjournment and
thanks for everyone coming out."
Chairman Smith adjourned the meeting at 7:21 p.m.
RESPECTFULLY SUBMITTED:
DEBBIE GILLESPIE
DEPUTY CITY CLERK
APPROVED:
GREG SMITH, CHAIRMAN
BOARD OF ADmSTMENT
NOTE: These minutes were approved atlhe
,2001 Board of Adjustment Meeting.
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