HomeMy WebLinkAbout2002 12 09 Regular F Request for a Variance by Paul Starks
COMMISSION AGENDA
ITEM F
CONSENT
INFORMATIONAL
PUBLIC HEARING
REGULAR X
12/09/02
Meeting
MGR. f2- /DEPT
Authorization
REQUEST: The Community Development Department recommends the City Commission
deny a request for a variance by Paul Starks from sections 6-2 and 6-84 of the City Code of
Ordinances.
PURPOSE: The purpose of this agenda item is to consider a request from Mr. Starks for a
variance from the requirements of sections 6-2 and 6-84 of the City Code of Ordinances to
allow a detached workshop/storage shed to exceed 240 square feet at 210 Arnold Lane (Lot 6,
Block H, North Orlando Ranches, Section lA as recorded in Plat Book 12, Page(s) 32-32 of
the public records of Seminole County, FL).
APPLICABLE CODE:
Sec. 6-2. Compliance with chapter.
(a) No building or structure shall hereafter be constructed, altered, except in conformity with
the provisions of this chapter.
Sec. 6-84. Accessory buildings.
(b) Height and size restrictions. The maximum height shall be twelve (12) feet measured from
ground level. The maximum size of any structure shall be two hundred forty (240) square feet.
Sec. 20-82. Duties and powers; general
c. ... 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 involved and which are not applicable to other lands,
structures or buildings in the same zoning district;
December 9,2002
Regular Item F
Page 2
2. That 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.
CHRONOLOGY:
October 16, 2002 - Variance application was received by City.
November 12, 2002 - Board of Adjustment heard the request and recommended approval to
the City Commission.
FINDINGS:
1) The parcel has R-IAA zoning and is 1.31 acres.
2) The application and attached plan indicates a building size for the detached
accessory structure of 25 feet by 35 feet, or 875 square feet. Whereas, the
applicant's correspondence indicates that the maximum size of the workshop would
be less than 1,225 square feet.
3) The accessory structure would be required to meet all setback requirements.
4) The City is currently in the process of instituting stricter regulations for noise
control, types of uses and lighting for accessory structures to prevent negative
impacts on adjacent properties. These regulations, if adopted, would be applicable
and retroactive for this variance request.
5) The applicant has indicated that many other homes in the North Orlando Ranches
subdivision have similar sized accessory structures and provided documentation
listing those homes.
6) There are mature trees on the site that should be preserved.
7) Staff has not received a written explanation from the applicant of how the variance
request conforms to all six of the variance criteria set forth in Section 20-82 of the
Code.
8) In order to recommend approval for the variance request, the variance request must
meet all 6 variance criteria set forth in Section 20-82 of the City Code of
Ordinances.
9) The applicant previously received a variance from the City's rear-yard building
setback requirements to construct a primary structure at this location in an area
where the fewest trees would be destroyed or disturbed.
December 9,2002
Regular Item F
Page 3
CONCLUSION:
In conclusion Staff believes that the enormous degree of variance being requested, 365% and
510% respectively in the two requests represents a waiver of the Ordinance rather than
variance from the Ordinance. In addition, Staff does not believe that the variance request
meets any of the six criteria for authorizing a variance under the City Code.
BOARD OF ADJUSTMENT:
At its regularly scheduled meeting of November 12,2002, the City of Winter Springs Board of
Adjustment heard Mr. Starks request for a variance and recommended approval with the
condition that no trees are to be destroyed by construction of the accessory structure.
RECOMMENDATION:
Staff recommends that the Commission deny the variance request, since staff does not find the
request to meet any of the variance criteria set forth in Section 20 - 82 of the City Code.
Approval requires consistency with all six criteria. If the Commission should choose to
approve the variance the Commission should consider that the variance previously granted for
construction of the house was granted to save trees. Thus, the accessory building if approved
should be located in such a way as to minimize removal of trees.
The Commission may wish to defer this case at least until the January accessory building
workshop.
ATTACHMENTS:
A - Variance Application
B - Correspondence from Applicant
C - Plot Plan submitted with location and size of Accessory Structure shown.
D - November 12,2002, Board of Adjustment Minutes
E - Applicant's list of other large accessory structures in North Orlando Ranches
COMMISSION ACTION:
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ATTACHMENT A
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'BO~RD O~ ADJUSTMENT APPLICATION
CITY or WINTER SPRINGS
.' 1126 EAST S~ATE ROAD 434
: WIN T E R . SPRINGS, r L .3 2 7 0 8 - 27 9 9
(407)327-1800
rOR: SPECIAL EXCEPTION
VARIANCE
'CONDITIONAL USE
ADMINISTRATIVE DECISION
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APPLICANT: fA",.... B. S;--4~v...s
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ATTACH A COPX OF THE PARCEL SURVEY.
ATTACH AN 11 x 17 MAP S~OWING THE SUBJECT PROPERTY AND
SURROUNDING PARCELS,
5. ATTACH LEGAL' DESCRIPTION.
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6. TAX PARCEL IDENTIFICATION NUMBE~i tJ':J.-.z.I-g<> -5"",r;,~ OHdO _ 6C1~o
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7. LOC1\TION 'OF P1\RCEL (street Address. and/or .:Nearest
streets): .21" -t";"c.6 LA-..rE c.J''''7'E S'f'n.,,,(.::.i.?__. '1...7oIr
Cross
8. PRESENT ZONING: R,AA.
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FUTURE .L1\ND USE:
By Signing below' I u'nderstand that City of Hinter Springs Officials
may enter upon my property to inspect: that portion. as relates to
this appllcation:
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(If the applic~nt is not the owner of the subject property,
applicant must attach a letter of authorization signed by
owner) .
the
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OHNER-PLEASE TYPE .
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PERSbNS ARE ADVISED THAT, rr THEY DECIDE TO APPEAL ANY..' DECISIONS
MADE AT THESE MEETINds/HEARINOS, THEY WItL NEED A.RECORb OF THE
PROCEEDtNGS AND FOR SUCH PURPOSE~ THEY HILL NEED TO INSURE THAT A
VERBATIM'RECORD OF TH~ PROCEEDINGS IS M~DE, 'AT'THEIR 'COST, WHICH,
INCLut1ES THE TESTIMONY AND .EVIDENCE UPON WHICH THE APPEAL IS TO BE: ..'
BASED, PER SECTION 2&6.0105, FLORIDA STATUTES
SECTION 20-84 - APPEALS FROM DECI~IONS OF THE BOARD OF ADJUSTMENT
(1) Any person, or persons, jointly or severally agg'rieved by
any decision of the Board of Adjustment may, within thirty (30)
d,ys after the filing of any de~ision in the office of the Board of
Adjustment, but not thereafter, ap.ply to" the 'City Council for
administrative r~lief, After a hearing before the City Council an
aggrieved party may, within thirty (30) days after the decision of
the Citi Council, fll e an appeal with a court of competent
jurisdiction over the subject matter.
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.ATTACHMENT B
Paul B. Starks
484 Wild Fox Dr.
Casselberry, FL 32707
City Commission
City Of Winter Springs
Winter springs, FL 32708
Dear Sirs:
This letter is attached to a Variance application that requests permission to build a
workshop at 210 Arnold Ln" Winter Springs, FL 32708, The legal description is Lot 6,
Block H, North Orlando Ranches, Sec, lA as recorded in plat book 12, Page(s) 32-32, of
the public records of Seminole County, Florida.
This is a L31-acre parcel that I am currently in the process of permitting a residence, and
construction for that should begin by the time you read this, The workshop will be
approximately 1225 square feet or less, It will comply with all State of Florida and City
of Winter Springs building codes and will be used as a shop and storage facility and not
any commercial use. There are no setback issues and it will be constructed in an aesthetic
manner commensurate with its surroundings, Many other homes in the immediate area
have similar structures.
Thank you for your consideration,
Sincerely,
~f P_J4
Paul B. Starks
~.~~~~:$URVEYWASPREPAREDFROMTITl.E A TT ACHMENT C T10NSOR
. UNRECORDED EASEMENTS THAT AFFECT THIS f'KUI'I:K IT.
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 LOCATION OF IMPROVEMENTS HEREON SHOULD NOT BE USED TO RECONSTRUCT BOUNDARY LINES.
5. BEARINGS ARE BASED ON ASSUMED DATUM AND ON THE UNE SHOWN AS BASE BEARING (BB).
6. PROPERTY HEREON LOCATED IN ZONE" X' &'A' PER F.l.R.M. COMMUNITY PANEL NO. 1202950145 E DATED 04-17-95.
7. ~LEVATlONS HEREON REFERENCED TO SEMINOLE COUNTY DATUM (NGVD '29).
SET IP
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3 6'07'34' 209.59 22.41
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5 96"30'53' 40.00 67.38 APPROXIMATE /,- SET IP
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DESCPIPTION: LOT 6, BLOCK H, NORTH ORLANDO RANC\'iES SEC. 1A
AS RECORDED IN PLAT BOOK 12, PAGE(S) 31-32, OF THE PUBLIC RECORDS
OF SEMINOLE COUNTY, FLORIDA
JOB NO.: 01-045
DATE:
FIELD: 01-2\)-01
. SIGNED: 02-05-01
DRAWN BY: JWJ
P.C.: T.F.
LEGEND
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.1.- . CHAJN LINK FENCE
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109 WEST ORANGE STREET
AL T AMONTE SPRINGS, FL.
32714
PH. (407) 696-1155
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CERTIFIED TO:
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REVISED: 1 C..:l2-ll2 SHOW SIYE T.B.M.
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ATTACHMENT D
CITY OF WINTER SPRINGS
MINUTES
BOARD OF ADJUSTMENT
REGULAR MEETING
NOVEMBER 12, 2002
I. CALL TO ORDER
Chairman Tom Waters called the Regular Meeting to order Tuesday, November 12,2002
(Postponed from November 7, 2002), at 7:01 p.m. in the East Training Room of the
Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708).
Roll Call:
Chairman Tom Waters, present
Vice Chairman Jack Taylor, present
Board Member Gary Diller, present
Board Member John Herbert, present
II. CONSENT AGENDA
CONSENT
A. Approval Of The October 23,2002 Regular Meeting Minutes.
MOTION BY VICE CHAIRMAN TAYLOR. "I MAKE A MOTION WE
APPROVE THE MINUTES OF THE OCTOBER 23RD MEETING." SECONDED
BY BOARD MEMBER HERBERT. DISCUSSION. WITH CONSENSUS OF
THE BOARD, THE MOTION WAS APPROVED.
MOTION CARRIED.
III. REGULAR AGENDA
REGULAR
B. Paul Starks Requests A Variance From The 240 Square-Foot Maximum For A
Detached Accessory Building Set Forth In Section 6-84. Of The City Code Of
Ordinances At 210 Arnold Lane (Lot 6, Block H, North Orlando Ranches, Sec. lA.)
Mr. Baker presented the Agenda Item; informed the Board that "Staff does not find that
this request meets the six (6) criteria; and if the Board provides a Variance, Mr. Baker
asked that a stipulation be placed stating to "Not take out any big trees".
Mr. Paul Starks, 484 Wild Fox Drive, Casselberry, Florida: spoke of the six (6) criteria
and distributed to Mr. Baker a list of homeowners in the area that have similar "Buildings"
CITY OF WINTER SPRINGS
MINUTES
BOARD OF ADJUSTMENT
REGULAR MEETING - NOVEMBER 12,2002
(POSTPONED FROM NOVEMBER 7, 2002)
PAGE20F6
on their property. Referencing that list provided by Mr. Starks, Mr. Baker advised, "We
can put that in the Staff Report for the City Commission."
Mr. Baker informed the Board Members of the upcoming Workshop of the City
Commission addressing detached garages and accessory buildings.
Discussion.
MOTION BY VICE CHAIRMAN TAYLOR. "IN LOOKING AT THE
VARIANCE CRITERIA AND AS INTENT, I BELIEVE THAT MR. STARKS
MEETS MOST OF THE VARIANCE CRITERIA. SO I WOULD RECOMMEND
THAT WE SUBMIT TO THE COMMISSION - TillS FOR APPROVAL BASED
ON THE DISCUSSION OF NOT TOUCHING THE TREE - NOT MOVlNG THE
TREES - TOUCHING THE TREES." SECONDED BY BOARD MEMBER
HERBERT. DISCUSSION.
VICE CHAIRMAN TAYLOR STATED, "LET ME REWORD THAT -
DESTROYING OF ANY TREES SHOULD BE INSERTED WHERE I SAID
MOVING THE TREES." BOARD MEMBER HERBERT ADVISED, "I WILL
SECOND THAT."
VOTE:
BOARD MEMBER HERBERT: AYE
VICE CHAIRMAN TAYLOR: AYE
CHAlRMAN WATERS: AYE
BOARD MEMBER DILLER: AYE
MOTION CARRIED.
REGULAR
C. Betty & Louis Ogus Request A Variance From The 25' Side Set Back
Requirement As Set Forth For Corner Lots Under The Tuscawilla PUD For Lot 54,
Tuscawilla Unit 9, At 668 White Oak Court.
This Agenda Item was presented by Ms. Max Epstein, Zoning Technician, Community
Development Department. Ms. Epstein also submitted aerial photographs, oversized
plans, and photographs taken by Mr. And Mrs. Ogus.
Mr. Bob Ogus, 668 White Oak Court, Winter Springs, Florida: addressed the Board and
stated that when the house was constructed it was "Originally built out of Variance".
Tape 1/Side B
Note: Due to technical difficulties. portions of Tape l/Side B are inaudible.
ATTACHMENT E
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