HomeMy WebLinkAbout2002 08 26 Regular A NEW Screen Porch Encroachment
COMMISSION AGENDA
ITEM A
CONSENT
INFORMATIONAL
PUBLIC HEARING
REGULAR X
08/26/02
Meeting
MGR.;L- IOEPT ~
Authorization
REQUEST: The Community Development Department recommends denial of a request for
an after-the-fact variance by Richard Grimes from sections 6-2, 6-3, 6-4, and 20-103 of the
City Code of Ordinances, to allow his porch to encroach 10 feet into the 20 foot rear building
setback at the rear of the house.
PURPOSE: The purpose of this agenda item is to consider a request by Richard Grimes for a
variance from the requirements of sections 6-2, 6-3, 6-4 and 20-103 of the City Code of
Ordinances to allow an existing screen porch to encroach 10 feet into the 20- foot rear building
setback at 1622 Fox Glen Court, Lot 118 of Fox Glen at Chelsea Parc, Tuscawilla, (depicted in
Plat Book 49, Pages 78-82 of the Public Records of Seminole County, Florida). The applicable
20 foot rear building setback is set forth on the final subdivision plat, cited above.
APPLICABLE CODE:
Sec. 6-2. Compliance with Chapter.
Sec. 6-3. Use of building erected or altered in violation of this chapter.
Sec. 6-4. Violations.
Sec. 20-82. Duties and powers; general.
Sec. 20-83. Procedures.
Sec. 20-103. Restrictions upon lands, buildings and structures.
CHRONOLOGY:
June 4, 1999 - Mr. Grimes obtained a permit to pour concrete patio slab behind his house
(slabs are allowed within building setbacks, but porches must be built consistent with the
setbacks).
August 26, 2002
Regular Item A
Page 2
March 27, 2000 - Mr. Grimes signed a contract with Affordable Screen & Patio to construct
porch by April 30, 2000.
February 1,2002 - City Building Permit Specialist Max Epstein rejected after-the-fact building
permit application as inconsistent with the 20' rear building setback depicted on the final
subdivision plat.
March 19,2002 - City Code Enforcement Board heard Case No. CEB-01-1298, finding both
Richard Grimes and Affordable Screen & Patio in violation of Section 6-46 (no building
permit for screen room) of the City Code of Ordinances. The Code Enforcement Board
allowed Mr. Grimes and the contractor 90 days to come into compliance. If a variance were
not obtained within 90 days, the case is to come back to the board for re-hearing.
May 28,2002 - Variance application and fee received by City.
July 4, 2002 - No BOA meeting, due to holiday.
July 18, 2002 - No meeting, due to lack of quorum.
August 1, 2002 - Board of Adjustment (3 members present) heard the request but could not
agree on recommendation. The board did vote 3-0 to recommend that the City Commission
impose a fine upon the contractor and bar the company from obtaining permits or working
within the City for an appropriate time period.
FINDINGS:
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1) Lot No. 118 of Fox Glen at Chelsea Parc (in Tuscawilla) is zoned Pun and
has a Higher Density Residential Future Land Use designation.
2) The required rear yard building setback is 20 feet in Fox Glen at Chelsea
Parc at Tuscawilla, as set forth on Plat Book 51, Page 1.
3) The lot backs up to a wall easement (with wall) that abuts the south side of
the Winter Springs Boulevard right-of-way.
4) The applicant obtained and presumably posted a permit (and received at
least one inspection) to pour the slab himself, but did not require the
contractor to demonstrate that he had obtained or posted a permit. Although
the applicant had received at least one inspection when he poured the slab,
he did not question the lack of any apparent inspections for the porch.
5) On February 1,2002, the after-the-fact building permit application was
rejected by Building Permit Specialist Max Epstein for being inconsistent
with the applicable 20' rear yard building setback.
6) On March 19,2002, the Code Enforcement Board heard Case No. CEB-Ol-
1298 and found Mr. Grimes and Affordable Screen & Patio in violation of
building a screen room without a permit. The board allowed Mr. Grimes 90
days to obtain a variance. Mr. Grimes applied for the variance within 90
days.
7) On May 28, 2002, the variance application and fee to encroach 10 feet into
the 20-foot rear building setback was received by the City.
August 26, 2002
Regular Item A
Page 3
8) A variance requires compliance with all six (6) criteria outlined in Code
Section 20-82 (staff does not believe that the request meets any of the 6
criteria):
a. that special conditions and circumstances exist which are peculiar to the
land, structures or buildings involved and which are not applicable to
other lands, structures or buildings in the same zoning district;
b. that special conditions and circumstances do not result from the actions
of the applicant;
c. 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;
d. 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 theterms of this chapter and would work
unnecessary hardship on the applicant;
e. that the variance granted is the minimum variance that will make
possible the reasonable use of the land, building or structure; and
f. 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.
9) The Board of Adjustment, at its August 1, 2002, meeting, had three (3)
members present and could not reach the required unanimous decision
regarding a recommendation to approve or deny the variance request.
10) The Board of Adjustment did, however, vote 3-0 to recommend that City
Commission impose an appropriate fine on Affordable Screen & Patio a,nd bar
them from obtaining permits within the City for an equally appropriate time
period.
BOARD OF ADJUSTMENT:
At its regularly scheduled meeting of August 1,2002, the City of Winter Springs Board of
Adjustment heard Mr. Grimes' request for a variance but could not agree on a recommendation
of approval or denial. The board recommends that the City Commission determine and impose
upon the contractor, Affordable Screen & Patio, both a fine and a time period during which
that company will be barred from obtaining permits or doing work within the City.
RECOMMENDA TION:
Staff did not find the request to be consistent with any (with the possible exception of
condition No.2) of six criteria necessary for granting a variance and recommends denial of the
request. The BOA recommendation regarding the contractor appears fitting, although Mr.
Grimes should not be absolved of the responsibility of ensuring that proper procedures were
followed.
August 26, 2002
Regular Item A
Page 4
ATTACHMENTS:
A - Plot plan
B - Photocopy from final subdivision plat
C - Variance application
D - Board of Adjustment Draft Minutes
E - Letter to property owners
F - Applicants' support docwnentation
COMMISSION ACTION:
MERCEDES HOMES, INC.
LOT 118
FOX GLEN A T CHELSEA PARCo TUSCAW I LLA
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PLAT OF SURVEY for:
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ATTACHMENT C
.BOARD OF ADJUSTHENT APPLICATION
CITY OF WINTER SPRINGS
1126 EAST S~ATE ROAD 434
WINTER' SPRINGS, FL .32708-2799
(407)327-1800
FOR: x
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1.
.~ 3. ATTACH A COPY OF THE PARCEL SURVEY.
4. ATTACH AN 11 x 17 HAP SHOWING THE SUBJECT PROPERTY AND
SURROUNDING PARCELS.
~ S. ATTACH LEGAL' DESCRIPTION.
6. TAX PARCEL IDENTIFICATION NUHBE~:
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7. LOCATION 'OF PARCEL +street~ Addres's . and/or :Nearest
streets):. 1'bt...1....i='7>xG\e.J ( \t1hA> u st\\~~ ~1...3;l')oi>
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 applica~ion;
(If the applic~nt is not the owner of the subject property,
applicant must attach a letter of authorization signed by
owner) .' c
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PERSONS ARE ADVISED THAT, IF THEY DECIDE TO APPEAL ANY.: DECISIONS
HADE 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 THt PROCEEDINGS IS M~DE, 'AT'THEIR 'COST, WHICH/.
INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE ..1:-"
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BASED, PER SECTION 286.0105, FLORIDA STATUTES .
ATTACHMENT D
CITY OF WINTER SPRINGS
MINUTES
BOARD OF ADJUSTMENT
REGULAR MEETING
AUGUST 1, 2002
I.
CALL TO ORDER
Board Member Thomas Waters called the-Regular Meeting to order Thursday, August I,
2002, at 7:00 p.m. in the East Conference Room of the Municipal Building (City Hall,
1126 East State Road 434, Winter Springs, Florida 32708).
Roll Call:
Board Member John Herbert, present
Board Member Jack Taylor, present
Board Member Thomas Waters, present
The Pledge of Allegiance followed.
.:. .:. AGENDA NOTE: THE FOLLOWING AGENDA ITEMS ARE
DOCUMENTED IN THE ORDER DISCUSSED. .:. .:.
III. REGULAR AGENDA
REGULAR
A. Election of Officers.
The Members of the Board, by consensus decided to forgo the Election of Officers until
the next Regular Meeting.
REGULAR
B. Variance Request For Rear Yard Building Setback - Richard Grimes
1622 Fox Glen Court/Lot 118 Fox Glen At Chelsea Parc (Tuscawilla)
Section 6-2. (Compliance With Chapter)
Section 6-3. (Use Of Building Erected Or Altered In Violation Of Chapter)
Mr. John Baker, AICP, Current Planning Coordinator, Community Development
Department introduced the Agenda Item. Mr. Baker explained that Staff felt that the
request did not meet all of the criteria with the possibi[ity of number two (2) and
recommended the request be denied. It was suggested by Mr. Baker that if the Board
"Did find in favor of Mr. Grimes for the granting of the Variance that you would go
through each one of the Variance criteria, those six (6) criteria that are in your Code book
and in your packet, and show how you feel that it does meet that."
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CITY OF WINTER SPRINGS
MINUTES
BOARD OF ADJUSTMENT
REGULAR MEETING - AUGUST I, 2002
PAGE 2 OF 6
Mr. Richard Grimes, 1622 Fox Glen Court, Winter Springs, Florida: distributed
photographs and a packet of material. Mr. Grimes spoke of where the Affordable
Screen's contract price included the permit and assumed that the permit was obtained; felt
the City should take some action against Affordable Screens for violating the perm~t
requirements; reviewed the definitions of a enclosed pool and screen enclosure from the
Winter Springs Code of Ordinances (Sec. 6-211.); and the history of the home, slab and
enclosure. Additionally, Mr. Grimes addressed each of the six (6) criteria and explained
how his request met each of the criteria and presented a petition from the surrounding
neighbors in support of the screen enclosure remaining as is.
Discussion.
Note: During the above discussion there was no in-depth review by Staff 0/ the six (6)
criteria required/or the Variance.
Tape II Side B
MOTION BY BOARD MEMBER TAYLOR. "I WOULD LIKE TO MAKE A
MOTION TO MAKE A RECOMMENDATION TO THE CITY COMMISSION
TO GRANT THIS MINIMAL VARIANCE DUE TO SPECIAL EXTENUATING
CIRCUMSTANCES AS NOTED BY MR. GRIMES AND WHICH IS NOTED IN
THE TRANSCRIPTION OF THIS MEETING. AND IN ADDITION, I
BELIEVED IT WOULD BE A HARDSHIP FOR HIM TO REMOVE THIS -
ALSO I BELIEVE WE NEED TO - PASS TO THE CITY COMMISSION THAT
THEY NEED TO REVIEW THE MINUTES OF THIS MEETING AND
FURTHER INVESTIGATE THE PERMIT VIOLATION THAT HAS
OCCURRED." SECONDED BY BOARD MEMBER HERBERT. DISCUSSION.
Board Member Jack Taylor further said, "I just would like to say that you presented a
good case and I did go out and look at this area and I do not see it causing an undo
hardship to anybody. I understand there are people in the neighborhood that have pool
enclosures and have pools that back up to this area. This is a very small enclosure and I
believe that it is extenuating circumstances that makes my recommendation." Board
Member John Herbert said, "I don't want to add to that - it sounds fine, just the way you
said that."
Board Member Waters suggested that a recommendation be made to the City
Commission to fine the contraCtor.
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CITY OF WINTER SPRINGS
MINUTES
1l0..\IW OF AD./USTMENT
. REGULAR MEETING - AUGUST 1,2002
PAGE30F6
VOTE:
BOARD MEMBER HERBERT: AYE
BOARD MEMBER TAYLOR: AYE
BOARD MEMBER WATERS: NAY
MOTION DID NOT CARRY.
Board Member Waters suggested that he would like to see Affordable Screens and Patio
"Get fined at least twice what Mr. Grimes has spent. I would like to see, I am not sure
that that could be done, I hate for him to have to spend $500.00 for someone else's
mistake but that is what you had to do. I am a believer in that when someone does
something wrong the cost involved should out-weigh the ho\v they benefited from this. I
would like to entertain a Motion that we would pass on to the City Commission that they
look into the process where they could fine the company at least twice what Mr. Grimes
has spent and look at not allowing them do business in the City for a reasonable amount
of time." ,
MOTION BY BOARD MEMBER TAYLOR. "I WOULD LIKE TO MAKE THAT
A MOTION."
Discussion.
BOARD MEMBER TAYLOR RESTATED THE MOTION. "I WOULD LIKE TO
MAKE A MOTION THAT THE CITY OF WINTER SPRINGS' COMMISSION
NEEDS TO INVESTIGATE FURTHER THIS PERMIT VIOLATION AND THAT
WITH THE SUBJECT OF THE - COMPANY NAMED, AFFORDABLE SCREEN
AND PATIO, SHOULD BE FINED $5,000.00 FOR THE HARDSHIP THEY HAVE
CAUSED. I WOULD LIKE TO AMEND THAT, ALSO TO ADD THAT - NOT
TO ALLOW THEM NOT TO DO BUSINESS IN THE CITY FOR A PERIOD OF
TIME AS STIPULATED BY THE COMMISSION." SECONDED BY BOARD
MEMBER HERBERT. DISCUSSION.
VOTE:
BOARD MEMBER WATERS: AYE
BOARD MEMBER TAYLOR: AYE
BOARD MEMBER HERBERT: AYE
MOTION CARRIED.
Board Member Taylor advised Mr. Grimes to attend the City Commission Meeting to
present his case before them.
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CITY OF WINTER SPRINGS
MINUTES
BOARD OF ADJUSTMENT
REGULAR MEETING - AUGUST 1,2002
PAGE40F6
nEGULAH
C. Variance Request For Rear Yard Building Setback - James & Eileen Cornell
607 Viana Court
Section 6-2. (Compliance With Chapter)
Section 20-163. (Conditional Uses)
This Agenda Item was introduced by Mr. Baker and pointed out "We do have five (5)
Findings Of Fact and if you do choose to recommend approval please show that indeed -
you feel that it does meet all six (6) of the Variance criteria - so we do recommend denial
again, we want to give them the opportunity to make their case and hopefully for them
they can show that they meet the six (6) criteria but indeed we don't see that they do."
Ms. Eileen Cornell, 607 Viana Court, Winter Spring, Florida: distributed photographs
and letters of support from surrounding neighbors. Ms. Cornell asked for the Board's
consideration concerning their request; described the dimensions of her lot and patio;
stated that if they had put a pool in the enclosure they wouldn't. need a Variance; and
referred to the City's Code of Ordinances regarding setbacks.
Commissioner Michael S. Blake arrived at 8:06 p.m.
Ms. Cornell addressed each of the criteria and explained how they met every criteria and
that she should be granted the Variance.
Discussion.
Note: During the above discussion there was no in-depth review by Staff of the six (6)
criteria requiredfor the Variance.
MOTION BY BOARD MEMBER HERBERT. "I WOULD LIKE TO MAKE A
MOTION THAT WE APPROVE OF THE VARIANCE FROM OUR POINT OF
VIEW."
BOARD MEMBER TAYLOR SAID, "I WOULD ADD TO THAT I BELIEVE
THAT IN FACT THAT YOU DO MEET THE SIX (6) CRITERIA IN YOUR
INTERPRETATIONS." BOARD MEMBER WATERS SAID, "WE NEED TO
ADDRESS EACH ONE SPECIFICALLY." BOARD MEMBER TAYLOR SAID,
"BASED ON THE MINUTES OF THIS MEETING AS HEARD I BELIEVE
THAT YOU MEET 1., 2., 3., 4., 5., AND 6., AS THEY STATE." SECONDED.
DISCUSSION.
Board Member Waters spoke for the record that the applicant did not meet all of the
criteria and "These criteria are very difficult and may be an understatement to meet from
my perspective."
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CITY OF WINTER SPRINGS
MINUTES
BOARD OF ADJUSTMENT
REGULAR MEETING - AUGUST 1.2002
PAGE 5 OF 6
Board Member Taylor commented, "I would also like to note there is some subjectivity to
these six (6) criteria."
VOTE:
BOARD MEMBER TAYLOR: AYE
BOARD MEMBER WATERS: NAY
BOARD MEMBER HERBERT: AYE
MOTION DID NOT CARRY.
Board Member Waters suggested to the applicants that when the Item comes before the
City Commission it would be in their best interest to be present. Ms. Cornell asked when
that would be and Mr. Baker replied, "I will notify you."
.:. .:. AGENDA NOTE: THE CONSENT AGENDA W AS DISCUSSED AS
DOCUMENTED. .:. .:.
II. CONSENT
CONSENT
A. Approval Of The May 2, 2002 Regular Meeting Minutes.
Board Member Waters asked for a Motion to approve the Minutes.
"I MAKE A MOTION THAT WE APPROVE THE MINUTES OF THE MAY 2ND
MEETING." MOTION BY BOARD MEMBER TAYLOR. SECONDED BY
BOARD MEMBER HERBERT. DISCUSSION. WITH CONSENSUS OF THE
BOARD, THE MOTION WAS APPROVED.
MOTION CARRIED.
IV. FUTURE AGENDA ITEMS
This Agenda Item was not discussed.
V. REPORTS
Board Member Taylor inquired whether the City is reviewing the Code of Ordinances
regarding pool enclosures versus screen enclosures. Mr. Baker responded that the City
Attorney was rewriting the Zoning Code.
Brief discussion.
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CITY OF WINTER SPRINGS
MINUTES
BOARD OF ADJUSTMENT
REGULAR MEETING - AUGUST I, 2002
PAGE 6 OF 6
Board Member Waters informed everyone that he would be unable to attend the
September Meeting due to impending surgery.
Tape 2/Side ^
VI. ADJOURNMENT
MOTION BY BOARD MEMBER TAYLOR. "I'D LIKE TO MOTION THAT WE
ADJOURN." SECONDED BY BOARD MEMBER HERBERT. DISCUSSION.
WITH CONSENSUS OF THE BOARD, THE MOTION WAS APPROVED.
MOTION CARRIED.
Board Member Waters adjourned the Meeting at 8:28 p.m.
RESPECTFULLY SUBMITTED:
DEBBIE GILLESPIE
DEPUTY CITY CLERK
APPROVED:
~ad~
THOMAS WATERS, BOARD MEMBER
BOARD OF ADJUSTMENT
S:\dept - City Clerk\l30ARDS\AD.lUSTME\aIlI\MINUTES\080 102 REGULAR.doe
NOTE: These Minutes were approved althe
,2002 l30ard Of Adjustment Meeting.
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ATTACHMENT E
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone (407) 327-1800
Fax (407) 327-0018
Community Development
July 23, 2002
RE: Variance Request From Rear Yard Building Setbacks at 1622 Fox Glen Ct.
Dear Property Owner:
At its regularly scheduled meeting of Thursday, August 1,2002, the City of Winter Springs Board
of Adjustment will hear a variance request from Richard Grimes to allow construction of an existing
enclosed porch to remain in the 20-foot rear building setback set forth (in Plat Book 49, Pages 78 - 82)
for the property located at 1622 Fox Glen Court, within Fox Glen at Chelsea Parc at Tuscawilla. The -
Board of Adjustment meeting are held at the Winter Springs City Hall (1126 E. SR 434) and begins at
.7:00 P. M. If you have any questions or comments, please call me at (407) 327 - 5966 or FAX comments
to m~ at (407) 327 - 6695.
Sincerely,
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-7J~ C. Baker, AICP
Current Planning Coordinator
ATTACHMENT F
1622 Fox Glen Court
Winter Springs, FL 32708
Lot #118
Fox Glen at Chelsa Parc, Tuskawila
Richard A. Grimes
May 28, 2002
Board of Adjustments
Dear Sir or Madam:
I have attached a copy of an application for variance.
In March of 2000 I hired Affordable Screen and Patio to install a Screen Room on the back of my
home. The purchase agreement (enclosed) form Affordable Screen and Patio states the price includes
Tax and Permit.
It is my understanding that the screen room in question does not meet minimum setback because it does
not have a pool.
I have asked 21 of my immediate neighbors (attached) if they felt that the screen room in question has
damaged financially or otherwise their property. The all stated no!
I have listed several Special Conditions and rights enjoyed by others within the neighborhood (see
attached). It is my belief that the Screen Room has added Value and is in Harmony with the general
intent of the conununity and City of Winter Springs.
I respectfully ask that the Board of Adjustments grant's a variance for the screen room at 1622 Fox
Glen Ct. Winter Springs FL 32708. Additionally, I request the City to find Affordable Screen and Patio
in breech of contract, require Affordable Screen and Patio to reimburse me the cost of this variance
application and begin the process to remove their building license, fine or otherwise limit Affordable
Screen and Patio from doing business in the City of Winter Springs as you see fit.
· Enclosed Screen Room Photo
· Legal Description, Parcel Survey and Surrounding Parcels
. Petition from Neighbors
· Purchase Agreement from Affordable Screen and Patio
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Richard A. Grimes
407-359-3772
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Background
· The Property, Home and Structure seeking a variance from the City of Winter Springs is
located at 1622 Fox Glen Ct. Winter Springs, F132708. It is listed as Parcel # 118 in the
Fox Glen at Chelsea Parc Subdivision. The House is one often homes that back up to a
Brick Fence, which ranges in height from 5 to 7 feet. (See attached map and Photos Items
Marked # 1 and 2). Our rear property line extends two feet on the other side of the Brick
Fence. On the other side of the Brick Fence is a two lane divided road and on the other side
of the divided road is a wilderness area. The house was completed in 1995 and was the first
home built in the subdivision. Since we've taken occupancy (May1997) nearly 120 homes
have been built, and all phases of the s4bdivision is completely full. Our home is unique in
that there is not another home in the subdivision that was built by Mercedes Home Builders
Inc. Our house is designed with a gable-roof line. All other house in the neighborhood has a
hip-roof design. Additionally, our home is longer than any other house in the subdivision; it
measures 64 feet in length and 40 feet wide. The next longest house in the neighborhood is
less than 58 feet in length. No home is wider then 40 feet in width.
· In June of 1999 I pulled a permit to pour a concrete patio. The Dimension is 12 feet x 22 feet
and is attached to the rear of the house. The concrete patio is 10 feet from the rear property
line. The patio's construction was completed and inspected in November of 1999 (see
permit item # 3). In March of2000 I hired the builder/contractor Affordable Screen and
Patio to install a screened enclosure designed like a typical pool enclosure seen throughout
our community (see contract item #4). The Screen room is white in color and made from
Aluminum.
· The Builder/Contractor, (Affordable Screen and Patio) is a licensed builder and has
performed similar work within the city of Winter Springs. His written purchase agreement
stated that the price would include tax and permit (see contract Item #4). The job was
completed in April 2000.
· In late December of200l, I received notice from the City of Winter Springs that there was
never a permit pulled on the construction of the screen room I had installed, and that I would
have to rectify the problem with the city.
· In early January of 2002 I spoke with Jimette Cook an employee at the City of Winter
Springs regarding this matter and with Dave the Contractor at Affordable Screen and Patio
whom I hired to install the screen enclosure regarding the fact that he did not pull a permit.
Dave asked me to "pull the permit" as he was concerned the city may fine him/his company.
I refused '10 pull the permit" because I did not perfonn the work and Jimette advised me not
to do so as it would very well come back to bite me later.
· On March 19,2002 I meet with the Code Enforcement Board. During that meeting it was
brought to the attention to those attending the hearing that the Builder/Contractor was in
contempt of his contractual obligations. Affordable Screen and Patio's contract clearly
stated that the price included tax and the permit.
Continued ..
1
.'
Background Continued
· During that meeting-on March 19,2002 it was brought to my attention that the current
zoning of the property would allow my screen enclosure to meet compliance had there been
a Pool or Spa within the enclosure. Several of the board members suggested that Affordable
Screen and Patio provide me with a pool.
· On or about March 22,2002 I contacted Dennis Franklin at the City of Winter Springs and
filed a formal complaint against Affordable Screen and Patio with the State of Florida,
Department of Professional Regulations. To date I have still not heard back from either.
· As of July 29, 2002 Affordable Screen and Patio is still in Business apd continues to
perform business within the city ofWmter Springs. To date, with the information provided
to me by the city of Winter Springs I believe there are 3 other known homeowners in Winter
Springs that Affordable Screen and Patio has performed work on and he did not pull a
permit. If there are to be any "Special Privileges" to be found tonight it will not be with me
the applicant for this variance.
Attachments
1) Map taken from Tax Records
2) Photos of Screen Room
3) Concrete Patio Permit
4) Affordable Screen and Patio Contract
5) Definition of a Screen Enclosure
6) Signed Petition from Neighbors
.'
2
Grounds to Seek Minimal Variance
· The Screen Enclosure that I respectfully request the City of Winter Springs, Board Of
Adjustments to grant a variance is built entirely of screen mesh on the walls and roof There
is some structural framework required this framework is made from white aluminum, the
structure also has a screen door and gutter.
· The Screen Enclosure is attached to the back of my house. It is 22 feet wide and 12 feet
deep. It is 12 feet tall at the highest point and has a domed/curved roofline.
· The Screen Enclosure is 10 feet 1 inch from the rear property line. The back of the house is
22 feet 1 inch from the rear property line.
· After researching the City of Winter Springs Building Code, the State of Florida Building
Code and the City of Winter Springs Zoning Regulations and Spreadsheet(s) the following
statements and set back requirements are true and currently in place.
· A pool may be within 10 feet of the rear property line (25 feet if there is a lake).
· A Screen Enclosure may be within 7 feet of the rear property.
· The Definition of Screen Enclosure: (see attachment # 5) "is an enclosure surrounding a
pool; the walls and roof of the enclosure consisting entirely of screen mesh, except for
minimum essential structural framework required for its support". (Code 1974, 5-141)
· There are no set back requirements for a screen enclosure the meets the above definition
without a pool.
· Because there are no set back requirements for a "screen enclosure" without a pool, the city
adopted the zoning code requirements that are in place for fixed structures including but not
limited to Florida Rooms, Screen Rooms, Screened Patios, Glass and Vinyl Enclosures and
all of which have roofs constructed of hard materials and are subject to the building
requirements of the State of Florida Building Code. To bear the weight and effects to these
structures by high winds the structural framework is different from that of a screen enclosure
including some or all of the following but not limited to; aluminum, viny~ glass and wood
roofing materials, glass windows and doors, hurricane storm shutters, hurricane tie downs,
concrete anchors, shingles, felt roofing materials, tar, insulation, plywood, wood stud
material including 2 x 4,2 x 6 and 2 x 8", awnings, nails, washers and rain gutters. The
requirements for set back for structures made from this material is 20 feet from my rear
property line.
It is my belief that the zoning codes that are in place were created to allow the citizens of Winter
Springs to enjoy and make the best use of their property, while protecting the value of other
citizens property and making sure safeguards are in place for everyone's well being. This is
sunnised by the simple fact that the zoning codes are different for a screen enclosure made from
certain materials. These certain materials allow for the greatest number of citizens to make use
of their back yards in a safe manor. However all pool enclosures would not be pennitted even if
3
they met the set back requirements, this is because the City Zoning and Building Code only
allows for certain materials to be used to achieve maximum set back. I.e. If a pool was 10 feet
From the rear property line and met zoning requirements and the home-owner requested a
permit to have a Florida Room with a fixed roof built surrounding the pool the application for
permit would be denied. This decision to deny the permit would not be based upon dislike of the
homeowner or simply the pool location as it was properly permitted to begin with, the denial
would be based upon the materials used to build the enclosure, as they did not meet set back
requirements. Conversely, if the city has approved the materials of a screen enclosure made
mostly of screen mesh to be a sound structure and thus provide more liberal set back
requirements why would they insist upon adding a pool to those zoning regulations?
My purpose of erecting a screen enclosure "without a pool attached to our house was three fold:
1) A screen enclosure has an appearance to be more in harmony with the homes in the
surrounding neighborhoods and the community.
2) A screen enclosure provides a "safety zone" free from bees (my daughter and wife are
allergic to them) and other biting insects to my children while allowing them to enjoy
the out doors.
3) As seen all to often on the T. V. News a screen enclosure without a pool is much safer
that a screen enclosure with a pool for small children including mine.
It is my understanding that I as the Applicant must convince the board of Adjustments that the
following Special Conditions exist in my application.
o Special Conditions and Circumstances exist to the land or structure.
o The special conditions are not the result from me the applicant.
o By your recommending the variance you will not provide me with any special
privileges.
o The literal interpretation of this chapter deprives the applicant of rights commonly
enjoyed by others.
o The variance granted is the minimum possible.
o The grant of the variance will be in "harmony with the intent and purpose of the
property.
4
Answers to the Board of Adjustments Questions
. To comply with the request of the Board of Adjustments for the City of Winter
Springs, I have answered the following questions taken from the Winter Springs Code
book page 1320.
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 ofthis chapter, the board of adjustments 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;
(Ans.) Our home, the building in which the screen enclosure is attached was built in 1995
by Mercedes Homes nearly 18 months prior to any other single housing unit built in the Fox
Glen Subdivision. Mercedes only built one home in the Chelsea Park-Fox Glen Subdivision
before pulling out of the development. The interior and exterior design. roof and size of our
home make for special conditions. as they are different from any other home in the
neighborhood The structure of the house in which the screen room is attached backs up to
a brick wall about 6 feet high that overlooks a wilderness area. Additionally, our home is a
minimum of 8 feet and as much as 14 feet longer than any other home in our neighborhood
creating circumstances that are peculiar to the other surrounding homes.
2. That the Special Conditions and circumstances do not result from the actions of the
applicant;
(Ans.) The contractor/builder I retained to install the screen enclosure provided a written
agreement that the price of the work involved included tax and permit. It is my
understanding that by law the contractor performing the work must pull the proper permit(s)
which Affordable Screen and Patio did not do. The applicant's request for a variance does
not result from the actions of the homeowner.
3. That granting the variance requested would 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;
(Ans.) The granting of a variance will not confer any special privilege to the applicant that
would be denied to other lands, buildings or structures in the same zoning district because:
1. The special conditions and circumstances of the home's design, the
property location adjacent brick wall and exterior design outlined above
in answer number (1) are peculiar and unique to the Zoning District.
2. The unmitigated actions created by the licensed builder/contractor
approved to operate in the city of Winter Springs has created a unique
environment that requires corrective action. that eliminates unnecessary
and undo hardship to the applicant and surrounding home owners. This
5
corrective action coupled with or without the Board of Adjustments
recommendation to the appropriate agencies to punish the contractor
would not provide or promote special privileges by the city of Winter
Springs Board of Adjustment.
3. The condition in which the applicant seeks a variance from the city of
Winter Springs was not created by the applicant but by a licensed
contractor that defrauded the applicant over 2 years ago.
4. That the 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 wo'rk unnecessary hardship on the applicant.
(Ans.) Due to the unmitigated circumstances by the builder/contractor (Affordable Screen
and Patio) and the special conditions and circumstances that exist of the applicants home
andproperty, the Board of Adjustments failure to recommend a variance for a minor
deviation from the zoning requirements and only follow and/or allow the literal
interpretation of the provisions of this chapter and the zoning codes by the City of Winter
Springs would deprive the applicant the rights commonly enjoyed by other properties and
would work unnecessary hardship on the applicant including but not limited to a Medically-
Recommended, Safe, Bug Free, Environment without the hazards of a pool.
5. That the variance granted is the minimum variance that will make possible the
reasonable use of the land, building or structure;
(Ans) Due to the special circumstances caused by the builderlcontractor, the applicant
seeks the minimum variance needed and possible to make use of the current strncture. Any
change in the variance would result in the removal of all or part of the screen room and
create undo hardship to the homeowner and adjacent neighbors.
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.
(Ans) By issuing the variance the Board of Adjustments provides for the homeowner the
opportunity to keep in harmony with other homes within the subdivision and zoning district
while allowing for the general intent and purpose of this chapter. In exercising its powers
the board of adjustments may grant a variance and recommend appropriate conditions and
safeguards including but not limited to the City of Winter Springs Code Enforcement
Division to penalize Affordable Screen and Patio.
The attached petition (see attachment #6) signed by the neighbors of the applicant has
stated that their property has not been damaged financially or otherwise.
6
12c~~rl c;~\~~~~
\bLL 1b~ G\~ C\
~~N\~ 'S,,\~\ / t:l--- 3~ ~()~
1. Special Conditions. It is our belief that special circumstances do exist. A proper
permit was granted to the homeowner to put in a concrete patio. At the time of
inspection the building inspector inquired what our plans would be for the patio
due to the extra heavy footers and reinforcement put in place. At that time I
explained that we would be putting up a screen room similar to our neighbors.
that was The contractor we hired in good faith was the person/company that did
not pull the permit. This is not applicable to others that hired a company to put in
a screen enclosure that followed proper city protocol.
2. Special Conditions from actions of the applicant. Not from the Homeowner
3. This will not confer any special privileges to our home over others that put in a
screen room and received a permit prior to having the screen room installed.
4. Rights commonly enjoyed by others. We have elected to put up a screen
enclosure similar to oth~!S in the neighborhood with and without pools and or
spas. Our choice to no?"m-danger our children by putting in a deep pool or spa
deprive my family from enjoying the outdoors in the safety of a locked screen
enclosure.
5. Minimum Variance granted. The screen room is not larger than the approved and
permitted concrete patio.
6. The grant or variance is in harmony with the general intent and purpose of the
land. Please see Petition.
Physical Address:
766 Big Tree Orive
Longwood.FL 32750
Lie. tlRX4501785
r 07(. ~ #A50000126
~,.O- 3'1.0
35'1 - "37'1 'L- e
&v · k, 'S;;, \ fr. J:z. '7 D ~,
AFFORDABLE SCREEN & PATIO
Mailing Address:
P.O. Box 520752
Loogwood. FL 32752
(407) 332-8106
(407) 332-0279 (Fax)
(800) 442-7441
r')
~~t:..~ ~r'.l"le)
ClUJ ~+-
HOMEOWNER'S NAME
FoX'
I'~t...
AODRESS
CITY
Roof Type:
of SCRIPTION of WORK:
p~ 0 I - Sc.I'Ge/\
(., )( 1-7..' YIL'
\1u-' C,\ l L I
c;. /I ,,/ t,.S ,,~ Oo.""'(...,^ .
iN ~'. k 41 <.1'*'1
, 1]001L
ph. f eA IVI 'f c,~ c.1' c..<>~ I f ~ ~fA th .e-J~
-:t:A J t:.. <- .). ~ (J..t.-V1 -
S _ f/l G-,,~ - (J/) -" A S/, p.., .)-
A.(... +/.l <.. ill h F ,4-c- ~ -=t
1; /q 82-
OD
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y
~
fJ l . <-<...
.~ l L.)J... .~
T {.}- J..- ~ {-.. /t' . J
'S 6~ 4 ~ 4t\vpJuJ:.~-1 b1
i- 30- oD
Metal co~
Bronz.e -~.
Kickplate f.I~
cSt
m - Gable
ansard
Windows:
Type:
Glass__._
Vinyl
Acrylic
Horil.onlal___
Vertical
Mise:
TERMS:
~ c;t. .
;J 00 -- {Jv-.II
f j.. 81 cJ)L-~ bl
~ ~q J. ~ 0" '-1"".J-
" a 11 ~ O/T CrJy 1Q/...."1
The owner agrees to pu,chlJ:le. end the contractor agr/les to provide the labor. materials. and services descnbed above
This sal~ agreement, and those terms and provisions printed upon the reverse side hereof. constitule the complete agreemenl
between 1M parties and lhere are no terms. conditions. or other contingendell affecting the duties and liabilities 01 lhe parties
not specificany ~el forth herein.
NOTICE TO BUYER
Do n01 sign this agreement in blank. or before you have read it and the term6 and condibons appearing on the revet6e side
hereof on their entirety.
l!We h"v~aa;he foregoing, ept \tl; l~"!'S _ ap4 condiliont: ~forth .th ein.
thIS .L ..L Day f !!1.. nn (. ~ 200..L2(';'
t:V. 1 rl7 ..:
REMEsENT"'nvc
.- -f.. L ~ r- Wh~e - ()ft'"~ Copy V._ - Sales CovI
-----.
l (
\'A~
~:7'
.Richard A. Grimes
March 18,2002
1~ ~~~I~~ Ct.
Winter spririlis. fl. 32708
~'-
f
CITY OF WINTER ~PRINGS CODE ENFORCMENT BOARD
Dear Sir or Madam: _.,..,.
. ....
-----
The undersigned a~ Neighbors of Richard and llana Grimes. WIth Respect to our friends and
neighbors I have expltUned the current pennit violation aeated by Affordable Screen and Patio. I have
asked each of the fonowing homeowners if they felt their property was DAMAGED FINANCIALLY or
QTHERWlSE through the ad<fItion of the saeen Enclosure and would like to see it removed. . Their
Signatures and comments below represent their acceptance of the current pool I spa enclosure in
. Question.
..
, By signing this petition I have read the City of Winter Springs Application Instructions and wish it to be
know to the City of Winter Springs that the screen Enclosure at 1622 Fox Glen Ct., Winter Springs, FL.
32708 is in hannony with the neighborhood.
'\
~RE ADDRESS, ----T!- AlLOW SCREEN ENCLOSURE TO ~N ..
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March 18, 2002
. . Page 2
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