HomeMy WebLinkAbout2005 05 09 Public Hearing 402 EXEMPTION - 688 Saranac Drive
CITY COMMISSION
AGENDA
ITEM 402
CONSENT
INFORMATIONAL
PUBLIC HEARING X
REGULAR
May 9, 2005
Meeting
MGR. fDEPT
Authonzation
REQUEST: The Community Development Department recommends the City Commission
hear the request for a waiver from Sectiou 6-86 by way of Subsection 20-354 (d) (7) of the
City Code of Ordinances, to allow an addition to an existing residence at 688 Saranac Drive,
Tuscawilla Unit 14A, Lot 104.
PURPOSE: The purpose of this agenda item is to consider a waiver request by Steve Gruse
from the requirements of Section 6-86 of the City Code of Ordinances to allow a 372.49 square
foot (19.3' x 19.3') addition to encroach as much as 3.28 feet into the twenty-five (25) foot
comer yard setback, fronting on Cayuga Drive. In addition to the Board of Adjustment
hearing the waiver request, Section 20-354 (7) required the Planning and Zoning Board
to review and make a recommendation to the City Commission, regarding the proposed
setbacks in a planned unit development (PUD). The addition would follow the existing
building line of the house, which appears to have been constructed in the mid-1980s, well
before adoption of Ordinance No. 2004-31, in whieh the City established minimum building
setbacks that 1t could enforce for primary structures within PUDs.
APPLICABLE CODI<::
See, 20-354.
Sec. 6-86,
[PUD] Site development standards.
Minimum setback requirements within PUD zoning districts.
CHRONOLOGY:
July 26, 2004 - City Commission adopted Ordinance No. 2004-31, establishing minimum
building setbacks within PUDs.
March 11,2005 - City received application package from Steve Gruse.
April 7, 2005 - The Board of Adjustment (BOA) recommended the waiver request be
approved.
April 18, 2005
Public Hearing Item 400
Page 2
April 18, 2005 - The Planning and Zoning Board recommended the waiver request be
approved.
FINDINGS:
1) The subject site is located al688 Saranac Drive (Lot 104 of Tuscawilla Unit 14A),
within the Tuscawilla PUD. The building setbacks for primary structures are not
set forth on the final subdivision plat (Plat Book 32, page 22),
2) The house was constructed in 1986 and 1987. The existing primary structure does
not meet the 25 foot setback requirement on the corner (Cayuga Drive) side of the
property the addition is an extension of the existing building line along Cayuga
Drive,
3) The property is a comer lot and the addition which prompts the waiver request faces
a street rather than an immediate adjacent parcel.
4) The location of the addition as shown on the plot plan does not negatively affect
sight lines at the comer ofSaranac Drive and Cayuga Drive.
5) The waiver request from the requirements of sections 20-354 (7) and 6-86 of the
Code must conform to all six of the waiver criteria set forth in Section 20-34 of the
City's Code of Ordinances.
6) The City Attorney has opined that the language in Section 20-354 (7) requires
waivers from the minimum building setbacks in POO to be heard by both the Board
of Adjustment and the Planning and Zoning Board, with a final decision being
made by the City Commission.
7) The BOA voted 4-0 to recommend the waiver request be approved at its April 7,
2005, meeting.
BOA RECOMMENDATION:
waiver request be approved.
At its April 7, 2005, meeting, the BOA recommended the
P&Z RECOMMENDATION: At a special April 18, 2005, meeting, the P&Z Board
recommended the waiver request be approved,
RECOMMENDATION:
setback waiver request.
The BOA, P&Z Board, and staffrecomrnend approval of the
ATTACHMENTS:
A - Sections 20-354 (7) and 6-86
B - Letter from HOA
C - Letters from neighbors
D - Plot Plan submitted with proposed addition shown on the historical survey that
demonstrates that the house was constructed in 1987.
E - Waiver criteria
F Draft BOA minutes
G - Draft P &Z minutes
COMMISSION ACTION:
ATTACHMENT A
~ 20-354
WINTER SPRINGS CODE
(4) The adequacy and proximity of public
roads, utilities, services, and facilities re-
quired to serve the development.
The maximum allowed number of dwell-
ing units per gross residential acre and
maximum height by type of dwelling unit
shall be as follows unless sp8cifically
waived by the city commission after re.
ceiving recommendations from the plan-
ning and zoning board:
Typ'
Single-family
detached
Patio homes
Townhouses
Garden apart-
ments
Maximum
Units per
Gross Resi-
dentialAcre
Maximum
Height
2 stories
4.5
7.0
10.0
16.0
2 stories
8 stories
3 stories
(c) The applicant shall propose, and the plan-
ning and zoning board shall recommend, the
maximum allowable floor area ratio for all com-
mercial and industrial uses within the PUD to the
city commission. The commission may adopt the
recommendation or make such changes or amend-
ments as it deems proper.
(d) The following site development standards
shall apply unless waived by the city commission,
specifically finding after receiving recommenda-
tions from the planning and zoning board, that
the unique characteristics of the development in
question make unnecessary the application of one
(1) or more of these provisions in order to carry
out the intent and purpose of the planned unit
development district;
(1) The natural topography, soils and vegeta-
tion shall be preserved and utilized, where
possible, through the careful location and
design of circulation systems, buildings
and structures, parking areas, and open
space and recreational areas. Removal of
mature trees shall be compensated through
the installation of landscaping materials.
(2) Landscaping consisting of trees, shrubs,
vines, ground covers, and irrigation facil-
ities shall be installed in common areas of
residential developments and in special
areas of commercial and industrial devel-
opments. Special attention should be given
to parking areas, refuse storage areas,
and in building setback and separation
areas to achieve proper screening.
(3) Common open space and recreational fa-
cilities in accordance with the standards
of the National Recreation Association
shall be provided to serve the residents of
the planned unit development.
(4) All land shown on the final development
plan as common open space, parks, and
recreational facilities shall be protected
through deed restrictions which shall en-
sure the preservation of its intended use,
the payment of future taxes, and the
maintenance of areas and facilities for a
safe, healthy and attractive living envi-
ronment.
(5) All common open space and recreational
facilities shall be specifically included in
the phasing plan, and shall be constructed
and fully improved by the developer at an
equivalent or greater rate than the con-
struction of the residential structures which
they serve.
(6) The proposed location and an'angement
of structures shall not be detrimental to
existing or prospective adjacent land uses.
Lighting, access points, or high noise level
activities which adversely affect abutting
property shall be prohibited.
(7) Building setbacks from the mean high-
water level of any lake, stream or body of
water, shall be at least fIfty (50) feet.
Other minimum setbacks, lot sizes, and
lot widthSSh';i]I'beproposed by "flie appli~
cant, reviewed by the staff and the plan-
ping and zoning board, and approved or
modified by the city commission.
(8) Central water systems, sewerage sys-
tems, stormwater management systems,
utility lines and easements shall be pro-
vided in accordance with the appropriate
sections of chapter 9.
1344
.20033
WINTER SPRINGS CODE
lution, vegetation and wildlife, open space,
noxious and desirable vegetation, and flood
hazards.
(5) Whether the proposed use will have an
adverse impact on historic, scenic, and
cultural resources, including views and
vistas, and loss or degradation of cultural
and historic resources.
(6) Whether the proposed use will have an
adverse impact on public services, includ-
ing water, sewer, surface water manage-
ment, police, fire, parks and recreation,
streets, public transportation, marina and
waterways, and bicycle and pedestrian
facilities.
(7) Whether the proposed. use will have an
adverse impact on housing and social con-
ditions, including variety of housing unit
types and prices, and neighborhood qual-
ity.
(Ord. No. 200449, ! 2, 12-13-04)
Sec. 20-34. Waivers.
(a) Any real property owner may file a waiver
application requesting a waiver for their real
property from any term and condition of this
chapter (except from the list of permitted, condi-
tional and prohibited uses set forth in any zoning
district category) if the property owner clearly
demonstrates that the applicable term or condi-
tion clearly creates an illogical, impossible, im-
practical, or patently unreasonable result.
(b) The board of adjustment shall be required
to review all waiver applications and make a
written recommendation to the city commission.
Such recommendation shall include the reasons
for the board's recommendation and show the
board has considered the applicable waiver crite-
ria set forth in this section.
(c) Upon receipt of the board of adjustment's
recommendation, the city commission shall make
a fmal decision on the application. If the city
commission determines that the board of adjust-
ment has not made a recommendation on an
application within a reasonable period of time,
Supp. No. 6
the city commission may, at its discretion, con-
sider an application without the board of
adjustment's recommendation.
(d) In addition to the standard set forth in
paragraph (a) above, all waiver recommendations
and fmal decisions shall also comply with the
following criteria:
(1) The proposed development plan is in sub-
stantial compliance with this chapter and
in compliance with the comprehensive
plan.
(2) The proposed development plan will sig-
nificantly enhance the real property.
(3) The proposed development plan serves
the public health, safety, and welfare.
(4) The waiver will not diminish property
values in or alter the essential character
of the surrounding neighborhood.
(5) 'rhe waiver granted is the minimum waiver
that will eliminate or reduce the illogical,
impossible, impractical, or patently unrea~
sonable result caused by the applicable
term or condition under this chapter.
(6) The proposed development plan is com-
patible with the surrounding neighbor-
hood_
(Ord. No. 2004-49, ! 2, 12-13-04)
I
Sec. 20-35. Administrative appeals.
(8) Any final administrative decision regard~
ing the enforcement or interpretation ofthis chap-
ter, where it is alleged there is an error by an
administrative official, can be appealed as set
forth in this section.
(b) Appeals shall be taken within thirty (30)
days after such administrative decision is made
by filing a written notice of appeal with the city
manager stating the name of the decision maker,
date of the decision, applicable code provisions
and the specific grounds for appeal. Upon receipt
of the notice of appeal, the city manager shall
schedule the appeal before the board of adjust-
ment and transmit all documents, plans, papers
or other materials constituting the record upon
which the action appealed from was taken.
1320
ATTACHMENT B
CHELSEA WOODS OF TUSCAWILLA
HOMEOWNERS ASSOCIATION, INC.
P.O. BOX 620433
OVIEDO, FLORIDA 32762-0433
March 8, 2005
Mr. and Mrs. Gruse
688 Saranac Drive
Winter Springs. Florida 32708
Dear Mr. and Mrs. Gruse:
The Chelsea Woods Homeowners Association (CWHOA) Architectural
Control Committee has reviewed the drawings dated 10-21-04 prepared by Ken
Ehlers P.E. for the planned addition to your home. The plan appears to meet
the requirements of the deed reslrictions. You have confirmed lhat the exterior
construction in terms of material. qualily of workmanship, and color will be the
same as the existing structure. This will serve as a one time only waiver of the
CWHOA Deed restriclion requirements that the addition be no closer than 25
feet to street line and no closer than 30 feet from the rear property line. Due 10
the fact the original structure did not meet these requirements. Such being lhe
case, this is deemed acceplable and therefore approved. This approval is for a
period not to exceed six months from the dale construction is started withoul
resubmission of lhe improvement plans 10 the CWHOA Archilectural Control
Committee. Please assure that your builder avoids incursion on and causing
any damage to neighboring or city property. If any such damage occurs, the
property musl be restored 10 its original condilion.
We also ask that any portable balhrooms emplaced by workers be away
from sidewalks. As you know. the City of Winter Springs requires a building
permit before construction and prior approval for the removal of trees.
Thank you for your inquiry and interest in maintaining the quality of our
neighborhood. Please contact me at (407) 366-2895 if you have any questions.
.// J1 p/:
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CWHOA
ACC-Chairman
ATTACHMENT C
March 6, 2005
To Whom It May Concern:
We live across the street from the Omse Family, They have informed us of their plans to
build an addition and we have no oijections, We are actually happy to see their home
expand instead of seeing them move.
If you should have any questions for us regarding this matter, we can be reached at the
following address:
Marshall and Karen Harris
675 Cayuga Drive
Winter Springs, FL 32708
(407) 977-1745
Sincerely,
Y/(M~aJtI~~/k
Marshall and Karen Harris JCV
March 7, 2005
City of Winter Springs
Community Development Dept.
1126 State Road 434
Winter Springs, Fl 32708
Rc: Property at 688 Saranac Drive
Winter Springs, Fl 32708
To Whom it May Concern:
We live at 689 Saranac Drive, Winter Spring. We are across the street from Rebecca and Steve
Gruse. who are considering adding on to their property at 688 Saranac Drive. We have seen their
plans for the addition to the house and have no o~iections to the addition.
Thank yon,
David S~und rs
Jan Saunders, Owner - 689 Saranac Drive
~~
March 7, 2005
To Whom It May Concern:
Steve and Rebecca Cruse have expressed their desire 10 expand onto their house located at 688
Saranac Drive.
We have discussed the plans of the additional square footage and feel that this would be very
beneficial for the family.
As property owners located next door to them we have no objections to this addition. Should
you have any questions please feel free to call us at 407-977-9003.
i1 /d'
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cyJawr- ~.
Charles and Dawn Penuel
690 Saranac Dr.
Winter Springs, Fl 32708
db I!~
March 5, 2005
To Whom It May Concern:
Property owners, Steve and Rebecca Gruse, have discussed their wishes to add an
addition to their home at 688 Saranac Drive, Winter Springs, Florida. Details of the
construction have been explained, and it appears to be a good step for this growing family
to take at this time.
As a property owner who is backed up to their lot line, we have no objections to this
addition. If there are any questions concerning this matter, we can be reached at the
following address:
Cleveland and Nancy O'Neal
674 Cayuga Drive
Winter Springs, FL
Respectfully Submitted,
~//4,...i/
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, Cr:;:l:% and Nancy O'Neal
March 6, 2005
To Whom It May Concern:
We have reviewed the building plans of Steve and Rebecca Gruse and we
approve of their design. We understand that they have submitted a variance
request and we are satisfied that their addition will in no way affect our
property value or infringe upon our rights as homeowners in this
neighborhood.
Res ectfully submitted,
OuLQjLJ..jll
Scott and Beverly McEwen \l
687 Saranac Drive
Winter Springs, FL 32708
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ATTACHMENT D
THE
MINIMAl.
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DAT1!D
RlFER!NCm PROPIRTY IS 1.OC':An:
G AS PER F.I.R.M. CXlMMUN
or WlNTIR SPRINGS, SEMINOLE
UARY IS, 1"2"
NIT 14 "A", ACCOIlDING
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PANEL NUMBI!R 120295
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ATTACHMENT E
! ....
WINTER SPRINGS CODE
enclosures shall be supplied with all plans show-
ing that same comply with wind load and live load
requirements of the building code of the city.
(c) Setbacks. The screen enclosure shall meet
all code requirements for front and side yard
setbacks which are applicable to the subject prop-
erty. Notwithstanding any other applicable rear
setback requirement, the screen enclosure shall
not be located any closer than seven (7) feet from
the rear property line of the subject property. On
lakefrent property, no screen enclosure shall be
located any closer than twenty-five (25) feet from
the shoreline, as determined by the existing or
established high-water control level.
(d) Height. The screen enclosure shall not be
higher than the primary structure on the subject
property, except when the principal structure
exceeds twelve (12) feet. In which case, the screen
enclosure shall be set back an additional two (2)
feet from the minimum setback taquirements
contained in subsection (c) for every additional
foot above twelve feet.
(e) Easements. Screen enclosures shall not be
constructed within an easement area, unless the
easement expressly allows said construction.
(f) Screen enclosure modifications. If any por-
tion of an existing screen enclosure is modified so
that it no longer satisfies the definition in subsec-
tion (a), the modified screen enclosure shall meet
all building setback and height requirements that
are applicable to principal and accessory build-
ings for the subject property,
(Ord. No. 2002-31, ~ 3, 10-28-02)
Sec. 6.86. Minimum setback requirements
within PUD zoning districts.
(a) General. Unless otherwise provided. eLse-
where in the City Code or upon a plat of record
previously approved by the city commission, the
principal building setbacks for property zoned.
planned unit development (PUD) shall be as
follows:
(1) Front yards. The front yard shall not be
less than twenty-five (25) feet in depth;
(2) Rearyards. The rear yard shall not be less
than ten (10) feet in depth;
Supp. No.6
(3) Side yards. The side yard shall not be less
than five (5) feet on each side of the
dwelling structure; and
(4) Corner yards. On corner lots, the front
yard set back of twenty-five (25) feet must
be maintained, at a minimum, on all sides
abutting public rights-of-way.
Notwithstanding the minimum setback require-
ments of this subsection, zero lot line property
shall be governed by subsection (b) below.
(b) Zero lot line. Unless otherwise provided
elsewhere in the City Code or upon a plat of
record previously approved by the city commis-
sion, the principal building setbacks for zero lot
line property zoned. planned unit development
(PUD) shall be as follows:
(1) Front yards. The front yard shall not be
less than twenty-five (25) feet in depth;
(2) Rearyards. The rear yard shall not be less
than ten (10) feet in depth;
(3) Side yards. The side yard shall not be less
than five (5) feet on one (1) side of the
dwelling structure; and
(4) Corner yards. On corner lots, the front
yard set back of twenty-five (25) feet must
be maintained, at a minimum, on all sides
abutting public rights-of-way.
(c) Conflicts. In the event of any conflict be-
tween the requirements of this section and any
declarations of covenants and restrictions govern-
ing site conditions of a PUD development within
the city, the more restrictive shall apply. In the
event of any conflict bet.ween the requirements of
this section and any recorded. development agree-
ment approved by the city commission or court
approved settlement agreement governing site
conditions of a PUD development within the city,
the conflicting provision in the development agree-
ment or court approved settlement agreement
shall prevail.
(d) New PUD developments. Nothing con-
tained in this section shall be construed as limit-
ing the city commission's authority to impose
setback requirements greater than the minimum
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ATTACHMENT F
CITY OF WINTER SPRINGS, ORIDA
. , MlNUrES
BOARD OF AJ>JUS NT
REGULAR MEETIN
APRll.. 7, 2005
e
DRAfT
CALL TO ORDER
The Board of Adjustment Regular Meeting of Thilrsda ,April 7, 2005 was oalled to order
at 7:03 p,m, by Chainnan Thomas Waters in the Co ission Chambers of the Municipal
Building (City Ha!~ 1126 East Stale Road 434, Winter prings, Florida 32708).
RDIl CaU:
Chairman Thomas Waters, present
Vice Chainnan ]""k Taylor, present
Board Member Unda Colul18, present
Board Member 1Ca.thryn Fairchild, absent
Board Member Howard Cosman, present
Board Member Linda Collins led the Pledge of Allegi 'e.
,
Chairman Walen acknowledged City Commissioner ally McGinnis in attendance and
Mr. lohn, Baker, AlCP, Senior PianDer, Community D elopmont Department introduced
Mr, Randy Stevenson, the City's new Community Dev lopment Department Director.
PUBLIC INPUT
None.
CONSENT AGENDA
CONSENT
200, Omce Orne City Clerk
Ap roval OrThe March 3, 2005 Re lar Meeting 'nutel.
"I MAKE A MOnON TRAT WE APPROVE T E MINUTES!' MOTION BY
VICE CHAIRMAN TAYLOR. SECONDED BY OARD MEMBER COLLINS.
DISCUSSION.
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crTI' ~ W1NT'EA SPRINGS. J:LOPJO^
M\l'oIUTES 1f]
IO.urJ) OF .-.DJtJ5TMJ:l"T
'REGULAlt M'EETlNO - APlt!L 7. 2005
. \l'^0'E20f6
VOTE:
1l0,.uw MEMBER C'\sMA1'l; AYE
CHA.IRMANWAl'ERS: AYE
BOARD MEMBER COLLINS: AYE
VICE CHAIRMAN TAYLOR: AYE
MOTION CARRIED.
DRAFT
PUBLIC HEARINGS AGENDA
PlJ8L1C mAlUJ'OGS
400, Community Development Department
Recommend. ne BOA (Board or Adjustment) H The Request For A Waiver
From SeelIon 6-86, Of The City Code Or Otdloan eI, To Allo.. A Builder T.
Construct 8 (Eight) Homes, Consutent With The :sisting Devel.pment In The
Greenlp.int Subdivision, With The Hi hlonds POO ( lanned Unit Devel.pment).
Mr. 101m Baker introduced this Agenda Iwm and presen ed pictures of the Green,pointe
Subdivision and said, "We support the. ten foot (lO) front and rear setbacks."
Next, Mr. Baker stated. '~ do want to point out that b ed on the C.de Section that I
provided you lDIlight, our Attorney (Antbony A. Garg ese] has infonned me - lJ) take
this case to the planning and Zoning Board, thaI will e on the 1 g'" [April 2005] - a
Specia.l Meeting _ beCore we take it to the City Co ssion. But, we do recommend
approv:u with that one difference. Jl
Discussion.
Mr, Allen Epstein, 22 Spring Ridge Drive, Debary, PI rida: spoke on behalf of the
Applicant, Mr, lulian DemoITIl-
DIscussion..
Chainnan Waters opened the "Publtc Inpu," portion of ~is Agenda Item.
Mr. Gary nfller. 609 Nigh,htrWk Circle, Wm'"" Springs Florida: as the President of the
Grcenspointe Homeo\lo'l1.erls Association and Memb,. of the Architectural Control
Committee, Mr. Diller spoke about the 'Written propos~ and noted being in favor of the
"Request". :
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BOARD OF ADIVS1'MENT
1U!Gl.Jl...4.R.MS!'I1NG-APRJl'1.1005
PAGEJ OH
Mr, Jam.. Charles, 634 Nighrhawk Circle. Wince>: Springs, Florida: "" the Vice ~
President of Gtunspoinre HomeoW!ler's Association d Member of the Architectural LV
Control Committte, Mr. Charle, spoke. in favor of th "WiUver Reque't". Mr..s;.1fies^FT
read a letter from. the Greenspomte Homeowner's As OClanon dated April 6, t9tt..fo""
copy was handed out to the Board Members, .
Mr. Ron Crowe. 504 Spoonbut Court, Winter Springs, orido: spOke of ,eriou, dninage
problem, and was opposed to thi, "Request".
Ms. Calherine Graham, 667 Nighthawk Circle, Win" Springs, Florida: addressed the
Board on drainage problems and noted she w"" oppose to this "Request".
Tape IISidC'B
Further discussion.
Ms. Helga Schwan:, 720 Gallaway Call"', Wincer Spn gs. Florida: "" the President of
the Highland's Homeowner's Association, Ms. Schw spoke about plans that were naT
submitted to the Architecturo! Review Board.
Mr. Michael SproU!/e. 623 A.nhinga Road, Winter Sprin :5, Florida: suggested building a
two (2) story house; and spoke aboul cleaning out !he d tches 10 avoid drainage problems;
and commented on emergency vehicles getting through he '!teets.
Chair",an Warers closed the "Public Input" portiOn of his Agenda Item.
Discussion.
Mr. Boker siUd, "We followed the provisions of Ih Code for posting the Site and
notifying people within one hundred and fitly feet (150' . 1 did notify Greenspointe ROA
(Homeowner', As,ociation). I - did nOI think 'to notify the Highlands HOA
(Homeowner's Association)."
With further discussior>, Mr. Epstein said, "You have developments in Winler Springs
that will not meet these new PUD (planned Unit De elopment) requirements and they
will continue to build because they have a Developer's greement and the houses will be
six feet (6') apart or ,even feet (7') apart because y changes after they got !hat
Agreement won't apply to them." Mr. Epstein a.d I "So, we carne openly for a
'Waiver' under this new rule to build as we would in th PilSt."
A list of signatures was handed out to the Board Memb rs in favor afLots 101 and 102,
I
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,
Discussion.
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Mr, Julian DemomJ, 660 Nlghrhawk Circle. Wimer
addressed the Board Membm regarding his "Waiver"
TIIpl::a.'SidcA
Further discussion.
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BO~ OF ADJUSTMENT
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Mr, Epstein said, "It was only this one (1) lot that create the odd problem, Otherwise, if
you look at his [Mr, Boker] recommendation, I mplimenl him. It was very
professionally done. Seven out of eight lots they have no prohlem with under the new
PUP [planned Unit Development] OrdilWlce,"
"I MAKE A MOTION TO APPROVE THE W VER REQUEST FOR THE
THREE FOOT (3') SIDE ANn TEN FOOT (10') ONT AND REAR SETBACK
REQUESTS ON THE REFERENCED EIGHT ( ) LOTS, IN ADDITION, I
AMEND TIDS MOTION TO DENY THE FRON YARD WAIVER REQUEST
ON LOT 102 ENCROACHED ON THE PRO Rn'." MOTION BY VICE
CHAIRMAN TAYLOR MR BAKER ASKED. 'DOES THAT MEAN THAT
YOU WANT (LOT) 102 TO MEET THE TWEN F1VE FOOT (15') OR THE
TEN FOOT (10') AS OPPOSED TO THE OT ERS?" VICE CHAIRMAN
TAYLOR SAID, "TEN FOOT (10') ON THE EIG (8) LOTS - EIGHT (8) LOTS
TOTAL RIGHT, SO THAT INCLUDES (LOT) 102?" MIL BAKER SAID,
"".YES. BUT DO YOU ALL AGREE WITH - F It A FOUR (4) OR FIVE (5)
FOOT SECTION OF THE SIDE OF (LOT) 102 ING DOWN TO 2.43 FEEn"
VICE CHAIRMAN TAYLOR SAID, "I HAVE N PROBLEM WITH THAT!'
SECONDED BY BOARD MEMBER CASMAN. DI CUSSION.
VOTE:
VICE CHAIRMAN TAYLOR: AYE
BOARD MEMBER COLUNS: AYE
BOARD MEMBER CASMAN: AYE
CHAIRMAN WATERS: NAY
MOTION CARRIE.D.
ChairmiUl Wa_ asked, ''Does this go to the 'P ond Z1' [Planning And Zoning) Board'"
Mr, Boker said, "nus and the nexl case will both go 0 the April18,b [2005] Planning
And Zoning BOald iUld I'm .hooting for the April 25" [ , 005) City Commission and I will
be .ending out Ien... to the abutters if there is a change hen il goes to Commission,"
Chairl11011 Waters called a reCel3 at 8:50 p,m.
The Meeting was called batk 10 order at 8: 58 p.m.
..,c:'l"..J
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APR-~9-2005 17:00
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407 324 5731
P.05
em OF WTmU SP~GS, PlORIOA
MlNUT~
IO.u.D Of ADJ'OSTM.J:NT
IlWUI.A.I\ MEETING - AI"RIL", 2005
'AGE50F& ffJ
PUWCHUlUNGS CV
401. Community Development Deplll1lllenr
Recommends The BOA (Board Of Adjnstment) H. The Requ""t For nD.J\FT
From Section 6-86. orne City Code OrOrdill......, To Allow An Addi&\'lR
E:Ii.ting Ro5idence At 688 Saunac Drive, Tu.cawill. ni114A, Lot 104.
Mr. Baker introduced this Agenda Item.
Mr, Baker said, "We (Staff] recommend approvaL" Mr. Baker added, 'The Applicant is
here. They have . letter - that they just gave me to pus t, that I would like to enter into
the 'Record' it is from one of the abuttm stating they ha: e absolutely no objections to the
'Waiver Request' and I would like to provide that to the hainnan and to the City Clerk's
Office:'
Chairman Wa,,,,,, opened the "!'ubI" Inpul" portion oft i..Agenda Ire...
Mr. StM! Gnue, 688 Saranac Drive, Winter Spring., Florida: addressed the Board
regarding building an .addition to his home.
Chairman Wa,er$ closed ,he "Public Input" portion oft is Agenda Item.
Discussion.
"I MAKE A MOTION WE APPROVE THE SETH K 'WAIVER' REQUEST AT
TIDS TIME." MOTION BY VICE CHAIRMAN TAYLOR. SECONDED BY
BOAlUl MEMBER CASMAN. DISCUSSION.
VOTE:
BOARD MEMBER COLLINS: AYE
BOAlUl MEMBER CASMAN: AYE
CHAlRMANWATERS; AYE
VICE CHAIRMAN TAYLOR: AYE
MOTION CAlUUED,
Discussion.
600. REPORTS
No Reports.
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M'1N\.m!S
DOAJm or AJ>J1)SrMtNT
R60uull. MEE1'TNQ - Al'RJL 1, 2005
i'^vE60P6
FUTIJRE AGENDA ITEMS
DRfff
None.
ADJOURNMENT
'" MAKE A MOllON TO ADJOURN." MO ION BY VICE CHAIRMAN
TAYLOR. SECONDED BY BOARD MEMBE COLLINS. DISCUSSION,
WITH CONSENSUS OF THE BOARD TIlE MOT ON WAS AI'I'ROVED.
MOllONCAlUU,I1!,
Chaimlllll Waters a<ljOllmed theMeetill8 at 'Pproximat ly 9:13 p.m.
RESPECTFULLY SUBMITTED BY:
JOAN L BROWN
DEPUTY CITY CLERK
APPROVED,
THOMAS WATERS, CHAIRMAN
BOARD OF ADruSTMENT
NOTE' 'I'hc5c ~"nUle5"~ IJ1tl'tlvtd :'llhe
.1005 6GU4 0 Adj\.lJ.l:!n:rI! RegulaT M'I:lI:tin&-
....,,.,.,
..........,- ,..,.~ ,,,...
TOTRL P.06
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Mag 2 2005 10:49
P.02
ATTACHMENT G
#
CITY OF WINTER SPRlNGS. FLORIDA
DRAFT UNAPPROVED MIN1.JTI!S .
PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY
SPECIAL MEETING
APRIL 18, 2005
CALL TO ORDER
----.,-~
The Planning and Zomng Board/Loeal Planning Agency Special Meeting of Monday.
April 18, 2005, was eaIled to order at 7:00 p.m. by Chairman WUliam Poe in the
Commission Chambers of the Municipal Building (City Hall. 1126 East State Road 434,
Winter Springs. Florid> 32708),
Roll CaU:
Chairtnan William Poe, present
Vice Chairperson Rosanne Karr. present
Board Membq Tom BroWlJ., presen'
Board Member Linda Tilli.. pre.."t
Board Member Ned V os~a, present
Board Member Ned Voska led the Pledge of Allegiance.
PUBLIC INPUT
None.
PUBLIC HEARINGS AGENDA
ruauc nEAIUJ'lCS
400. Comm.uoity DevelopmeDt Department
Recornmeods The Plal1.1lillg Abd Zoniac Board Hear The Requctt For A Waiver
From Section. 211-354. (7) ADd 6-86, Of The City Code Of Onlill.nc... To Allo.. An
AdditioD To AD ED,ting Reoldenet At 688 SanlDae Drive, To.e.will. Unit 14A, Lot
104.
Mr. John Baker, Mep, Senior Planner) Community Development Department introduced
this Agenda Item.
Mr. Balcer stated, "We feel that it does meet the six (6) Criteria set forth for the Board of
Adjustment to look at, but because Ihe way the Code is written, we also need to come to
you for your recommendation because of the provisions in Section 20-354. Paragraph (7),
that I provided in your packet."
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f-ax : 4Ur'b99r'9br'
Ma~ 2 2005 10:49
P.03
CITY Of WINTBR, SPRINOS, fl.ORI.I).A.
DRMT UNAPI"R.OVED MrN.UTE5
rL..v'iI'lNc ANll z.oN1N'C 804JU)/LOCAL PLANNING "GENe""
SPBClAL MBBTJNG- APRIL 18, 1003
PAOEZOF9
Chainnall Poe opened the "Public Input" portIon of lhl~ Agl!nda Item.
Mr. SIeve Gruse, 688 SOt'llhtlC Drive, Winter SpringJ, Florida: Mr. Gruse identifie
himself as the owner Qfthe property fOf four (4) years this J\JJ)e.
No one spoke.
Chairman. Poe closl!d the "Public Input" portion ofthiJ Age"da lJem.
"I MA.JO> A. MOTION THA T ~ RECOMMEND TO THE CITY COMMISSION
AfFROV..u. OF THE SETBA.CK 'WAIVER' REQUEST A-S IT MEETS mE SIX
(6) CRITERIA. AND THAT'S BA-SED ON THE FINDINGS A-S SUBMIITED."
MOTION BY BOARD MEMBER BROWN, SECONDED BY VICE
CHAlRPEltSON KARR. DISCUSSION.
VOTE:
BOARD Ml!:MBER VOSKA.: A. YE
BOARD MEMBER TIT.LlS: AYE
CHAlRMAN rOE: A. YE
BOARD MEMBER BROWN: A.YE
VICE CHMRPERSON KARR: A.YE
MOTION CARRIED,
rUDL.IC HE.ulJNGS
401. CommuDity De.elopmeut nepartmeAt
Recommeads ThE PballlDg ADd ZODing (P&Z) Board Hellr Tbe R.eqaest For A
Wai.or F.om SectiOD' 2o.3~. ('7) A.Dd 6-86. or The City Code Of OrdiDaDces, To
Mlo", A Buildor To Co..trIlet 8 (Eig&t) Horn.., COD,illeot With The Existiog
Developmeat [n The Cree.spolat Subdi'Vuion, Within The HIghlands PUD (Planned
UD;t Devclopment),
Mr. Baker discussed this Agenda Item .and distributed an entail received and dated on
April 1 S, 2005. Mr. Baker said, "That was an emall from a concerned citizen that we
received late this evcning just before the Meeting. I did want to make sure it got in the
'Record' ,"
Mr. Baker stated, "They [Applicant) want to have a three foot (3') mmimum side setback
and a ten foot (l0') front and rear setback with the exception of Lot 102. They are asking
for about a four [feet] (4') to five foot (5') section of the building to be located as dose as
2,43 feet from the aide yard u.nd they are ~lcing for lhe front yard to be five feet (5').
Staff supports the 2.43 feet becAuse of the location of the other homes nearby, but the
side yard for tha.t four [foot] (4') to five foot (S') section. we do not support the five foot
(5') in the front. We support . ten foot (10') front and rear sctback."
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P.04
CITY OF WJNTER SPRJNGS, FLORID^,
DRAFT UNAl'PROVIiO .....INUTiS
rlA.I\lNJNC AND ZONING BOAltD/LOCAL rUNNING ACtNCv
SPECIAL MEETING ~ AlIUL I', 200!-
PAGE)OF9
Discussion.
A slide shOW' presentation was shown.
~
Mr. JlIlian Demorra, as the Builder and
Resident of Greenspointe SUbdlvudon, Mr. DemOml s.ud, (1)ue to the Criteria of this lot,
we are fighting to save some major size Oak. trees on the: comer of the Jot - the maio
concern with the roadway - was the driveway:' Mr. Dcmorra. said, "I had my Surveyor
put a driyeway in there that was eighteen by thirty [feet] (18' x 30)." Chainnan Poe
asked, "Which Lot is that on?" Mr, DemolTll said, "That ;, on Lot 102. That's the one
that we only haye the problem with - getting the last bowe on there."
Furthennort;, Mr_ Demorra said, U] did have a lot of runoff from the adjacent houses,"
Mr. Demorra said, "Ms. Perez [Stonn Waler Utility Manager, Public Works Department]
- Lot - lOt. there will bt: a drainage system to put in there to help accommodate for the
drainage, \Vater even though it's not aU from my home. It's also from some of the
existing homes that are built there that have guttering, shooting water right down towards
our property:' Board Member Tom Brown said) "How about YOW' storm water?" Mr.
Demorra said, 'lThere are catch basins there.'l Board Member Brown asked, "Are you
goiDg to do something about that with the storm water?" Mr. Demorra said, "My tot is
from the back comer of the buildings - elevated up high enough that where they sheet
drain to the front curb and the water goes into the catch basins."
Di$CussioD.
Mr. Baker said, "Staff does not 'upport the five feet (5') in U,e tront."
Chairman Poe opeMd the "Public Itlput" portion of thlS Agenda Item.
Mr. William Vanlue, 509 Spoollbill Court, Winter Springs, Florida: briefly addressed
the Board Members and is opposed to this "Waiver" Request
Ms. Catherine Graham, 667 NighrJuzwk Circle, Winter Springs. Florida: spoke about the
drainage in her yard and is opposed to this 'Waiver' Request.
Discussion.
M.s. Helga Schwartz, 720 Galloway Cou.rr. Winrer Springs, Florida: as the Vice
President of the Highland's Homeowner's Association, Ms. Schwarz spoke about plans
that were not submined to the Architectural Review Board. Ms. Schwarz stated) "I just
want to make thiE. Board [Planning And Zoning Board/Local Planning Agency} aware
that the Applicant has not approached the Highland's Homeowner's Association and we
wanted to put that on 'Record' because we do have - ability to review Mr. Demorra's
plans and determine location."
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P.05
CITY OF WINTER SPRlWCS. ~LORlOA
OItAPT U'N"PPRovEO 'MINVTl!S
rt.ANNJlIIG ANI) ZONJNC BOARD/l.OC"'L PLANNINC A.Cl.1"lCV
SPEC/.AL MEETINC _ APRIL. II. 1()fJ,S
"'A~~OF9
"I'D LIKE TO MAKE A MOTION THAT WE RECOMMEND THE APPROVAL ~
OF THE TEN FOOT (10') FRONT AND THE REAR BUILDING SEllJACK AT
TJUU:E FEET (3'). AT 2,43 [FOOT] APPROXIMATELY FOUR (4') TO FlVE
FEET (5') SEGMEl'/T ON TilE BUILDING LOT OF 102, AND THIS IS IN
CONJUNCTJON WITII THE 'FINDINGS' FOUND BY TIlE CITY IN ADDITION
TO . (PAIlJ\GRAPIl] NUMBER SEVEN (7) WHICH WOULn BE TIlE
HlGIlLAND'S HOMEOWNER'S ASSOCIATION REVIEW OF THE
APPLICANT'S REQUEST FOR ALL ADDmONAL CONDITIONS,>> MOTION
BY BOARD MEMBER BROWN, SECONDED BY BOARD MEMBER VOSKA,
DISCUSSION.
VOTE:
BOARD MEMBER BROWN: AYE
VICE CHAIRPERSON KARR: NAY
BOARD MEMBER TILLIS: AYE
CHAIRMAN POE: NAY
BOARD MEMBER VOSKA: AYE
MOTION CARRIED,
PUBLIC J:lEAJUNGS
402. COIDJRlUJ.lty Developro.cat Department - PlaDDmg Dlvulob
ADD-ON
Requests Tbe PlallDlug And ZoDing lJoardILocal PlaDui.g Age~cy Hold A P.blic
Hearillg Related To OrdiooDce 2005-13 Wbicb Revi.., The "H Ugbt lad.,lrial"
Zoning District'. List OfCoaditional Uses To Add ~AutomobUt M2jor Service ADd
Major Repolr E'tablishm..ls (I~"udibg Body Rtp,.;r. And Paiutlng)."
Mr. Randy Steven.son. AICP. Director. Community Development Department presented
thi, Agenda It om ond di.played the M>p of the ")-1" District within the City [of Winter
Springs].
Mr. Stevenson said, "Staff. therefore recommends that the Planning And Zoning
Board/Local Planning Agency hold a Public Hearing related to Ordinance 2005-13, and
make a recommendation of approval to the City Commission reg.arding amending the
language of the '1-1 Light Industrial Zoning District' to allo", 'Automotive Major
Service and Majot Repair Es.ablisluncnt (Including Body Repairs and Painting)' as a
'Conditional Use' within the 'Light Industrial' (I-I) DisDict, subject to certain conditiollS.
Staff at lhis point, is of the opinion that one of those conditions would be th",t all paint
and body repair take place witllin a completely enclosed building."
Discus&ion.
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P.06
CITY or WINTJ!.R SP~.IN(jS, FJ.QIUJ;;>A
DRAFT l./ftAP'ItOVED MlNU'T'ES
PLANNING ~D ZONING aoAJU)ILOCAL PLANNINC "CENC'Y
SPBCt...I.Mf'.f.TI;NG-AI"RIL Ill, ~OO5
'AGE60F9
Chairman Poe opened the "Public Input" portion of this Agenda I",,".
No one spoke.
Chairman Poe closed the "Public Input "portion of Ihts Agenda Item_
"I MAKE A MOTION THAT WE FORWARD IT TO THE CITY COMMISSION-
200$014 Ill! TO CIlANGE OVER FROM LIGHT INDUSTRIAL FROM THE
CONDITIONAL USE FOR THE AUTOMOTIVE AND PAINT AND BODY
SHOP." MOTION BY BOAlU> MEMBER VOSKA. SECONDED BY BOARD
MEMBER TILLIS. DISCUSSION.
VOTE,
VICE CHAIRPERSON KARR: NAY
BOARD MEMBER BROWN: AYE
BOAlU> MEMBER VOSKA: AYE
CHAIRMAN POE: AYE
BOARD MEMBER TILLIS: AYE
MOTION CAlUUEll,
REGULAR AGENDA
UCULAR
SOO. Community Duelopmellt Department - Planning Division
Reque". Tbat Tke Plani.g ADd ZoILi.g (I'&Z) Board Co..ider Add Appro.. A
Finl Edgideeri.glSlte PI.. For A 10,028 Square Foot, O.~Story Retail Sale.
Bulldiag 00 A 1.2~4 Acre Tract 00 SR (Slate Road) 434 At Hacienda Drive.
Ms. Eloise Sahlstrom. AICP. ASLA, Senior Planner, Community Development
Department presented this Agenda Item.
M.. Sahlstrom .aid, "Staff has required the Applioant to provide a twenty rour foot (24')
IN'ide cross access easement to the Cumberland Farm property that will allow an eventual
connection to the East."
Ms. Sahlstrom stated, "We do indicate tha.t the cross access easement would need to be
'R~orded' prior to the issuance of 3. Certificate of Occupancy for the building_ Staff
does recommend approval ofthi& p.roject s.ubjtct to any of the revisions that might need
to be made by the Project Landscape AIchitecl."
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P.07
CITY Of' WI1'-l'reR SPRINGS. P1.OltJOA
DRAFT UNAPPRQVHD MINUTI!S
PLANNING Al'fIJ l.OI\Il'JIlG aGAAnILOCAL tLANNlNG AGENCY
SP"@(,IALMEE.ilNC _ ,.pRJlll, 200S
l"AGf10"
"I'D LIKE TO MAKE THE MOTION THA.T - THE PL.-\NNING A.ND ZONING
BO!.RJ} RECOMMEND A.PPROVA.L TO THE CITY COMMISSION OF THE
ATTACHED FINAL ENGINEERING SITE DEVELOPMENT PLAN SUBJECT
TO THE REVISIONS NEEDED TO BE MADE BY THE PROJECT LANDSCAPE
A.RCHITECT." M0'I101'l BY VICE CHAIRPERSON IURR. SECONDED BY
BOA..RD MEMBER BROWN. DISCUSSION.
MR. ROBERT VONHERBULlS. OWNER, MCKEE CONSTRUCTION COMPANY,
P.O, BOX 47/366, LAKE MONROE, FLORI/)A: REl'RESENTING TlJE
MILLER'S OF 'MILLER SCHOOL SUPPLY' .-\ND REQUESTING
CLARIF1CATION OF THE Df;CORATIVE WALL, MR. VONIlERBULIS SAID,
"IT STATES A DECORATIVE MASONRY RETAlNING WALL WILL
CONTAIN THE WATER RETENTION IN THE AREA 01'1 THE WEST SIDE OF
HACIENDA (VILLAGE) - WE HAVE APPROXlMATELY A FORTY-TWO
INCH (41") mGH WALL TIIAT IS FACING THE INSIDE OF THE
RETENTION POND ANlII JUST WANT TO MAKE SUM THAT STAFF IS
ACTUALLY RECOMMEND THAT BE A DECORATIVE WALL WHICH
WOULD BE UNDER WATER DURING THE IlAINS OR ARE WE TALKING
ABOUT A REGULA.R MA.SONRY WA.LL AND THE DECORATIVE WALL
BEING STRICTLY THE ONE THAT'S ON THE SOUTH PROPERTY LINE
SEPAltATING US FROM THE RESIDENTS AS TO THE SOUTH?" MR
VONIlERBULIS STATED, "OTHER THAN TlJAT, WE CONCUR ON ALL OF
STAFF'S COMMENTS,"
MS. SAlILSTROM SAID, "THE WALl" INSIDE THE RETENTION AREA
WOULD NEED TO MEET PUBLIC WORXS SPECIFICATIONS AND I THINK
YOU'RE CORllECT - IT DOES NOT NEED TO BE DECORATIVE I WOULD
NIED TO CllECK WITH OUR PUBLIC WORKS DIRECTOR [MR /<IP
LOCKCUFF, PUBLIC WORXSIUTlLlTY DEPA.RTMENT DlRECTORI ON
THAT."
VOTE:
BOA..RD MEMBER BROWN: AYE
BOARD MEMBER YOSKA: AYE
BOARD MEMBER TILLIS: AYE
VICE CHAIRPERSON !CARR: AYE
CHAIRMAN POE: AYE
MOTlON CAo.RRllID.
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P.Og
CITY OF w[NTERSPklNOS, )'\.0"10...
0......0 UN....1'1'ROVED MINUTE!
rLA.l'lI'U'WG ANO ZOMrI'lG aoAlm/LOCAL rL""'NING ACBNCY
SPECIAL. MEETfNC _ APRIL IS, 2005
PA.GE'OP5I
ItEGUl..t\R
50]. Community DeyelopmEnt DeparttDtDt-l'luaiug DivisioD
R"'Iue.b Tbat The PlaD.iDt And Zoning (P&Z) lIoud Co..ider ADd Approve
PtelimlD.ry And Filial Site Plan And EagiDeerinc Pl*as Fo..- The 3.16 Acre
Prol'uty o. The South....1 Comer or Mo.. Road ADd S.R (SIloIe Road) 434
Whic:h Includes Tbe Vac...t State Farm la,uranc.e BuildiD.g Along With The
AdditiOD Of T..o (l) New Office Buildu.g. O. Tbe 3,16 Aere..
Ms. Sahlstrom pre<ented this Agenda Item and displayed pictures of the Site,
Tllpo:z1SideA
Di:lcussion.
Mr. David Glunt, Project Engineer, Madden Engineering, Inc., 431 East Horatio Avellue'.
Suite 160. Maitland, Florida.: &poke to the Board Members regarding this property.
Mr. Craig F. Rouhier. Executive Vice Presi.dent, W. M Sanderlin & Associates, Inc..
Son",,-,', LTD. 738 Rugby Street. Orlando, Florida: addressed the Board Members on
the various businesses planned for this Site.
"I'D LIKE TO MAKE A MOTION THAT WE RECOMMEND APPROVAL TO
THE CITY COMMISSION FOR THE MOSS ROAD INTERNATIONAL OFflCE
COMPLEX AS DEI'ICn:n OR AS SHOWN HERE TONIGHT ON THEIR
flNAL ENGINEERING SITE DEVELOPMENT rLANS SUBJECT TO TilE
CONDITIONS SETFORTII TONIGHT," MOTION BY BOARD MEMBER
TILLIS, SECONDED BY BOARD MEMBER BROWN. DISCUSSION.
BOARD MEMBER BROWN ASKED, "I WOULD JUST LIKE TO REMIND
ELOISE (SAHLSTROM] THAT - GOOD POINT - BROUGIIT UP ABOUT
THOSE AIR CONDITIONERS. IF YOU CONVEY TRAT ON!' MS.
SA8LSTROM SAID, "ALRIGHT!'
VOTE,
VICE CIlAlRPERSON KARR" AYE
CHAIRMAN POE, AYE
BOARD MEMBER VOSKA, AYE
BOARD MEMBER TILLIS, AYE
BOARD MEMBER BROWN, AYE
MOTION CAIUUED.
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bl1 d ItI.l.U.L
crrv OF WrNTER SPRINGS, I=LOR1DA
DUPT UNN'PftOVEO MrNUTES
PLANNINO AND lONJNC VOAaDlLOCAl. FJ..ANI'U",C .-.CtNCV
SI'et:IALMEfTfNG". ^PfUl la. 2005
"AC~90F'
ADJOURNMENT
"I MOVE THAT WE ADJOURN," MOTION BY VICE CHA.lRPERSON KARR.
SECONDED BY BOARD MEMBER BROWN. DISCUSSION. WITH THE
CONSENSUS OF THE BOARD THE MOTION WAS APJ>ROVED,
MO..ION CARR.lEIJ.
Chmrmon Pee adjourned the Meeting at approximately 8: 59 p.m.
RESPECTFUllY SUBMITTED.
JOAN L BROWN
DEPUTY CITY CLERK
APPROVED,
WILLIAM H, POB, CHAIRMAN
PLANNING AND ZONING BOARDILOCAL PLANNING AGENCY
NOTE, These M:inuIiD ~ appnwed:u ~
.2005 '1.al'\nill6 Nod z",inl 8o:u'GlLDul PlIIlni"!, I\B~""')' Mt't:ling.
60'd
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