HomeMy WebLinkAbout2002 08 26 Regular B NEW Building Setback
COMMISSION AGENDA
ITEM B
CONSENT
INFORMATIONAL
PUBLIC HEARING
REGULAR X
08/26/02
Meeting
MGR. fL,-- /DEPT jlt'
Authorization
REQUEST: The Community Development Department recommends denial of a request for
a variance by James and Eileen Cornell from sections 6-2, 20-103, and 20-166 of the City
Code of Ordinances, to encroach as much as 12 feet into the 35 foot rear building setback to
construct a screened porch at the rear of the house.
PURPOSE: The purpose of this agenda item is to consider a request of the Cornells for a
variance from the requirements of sections 6-2, 20-123, and 20-166 of the City Code of
Ordinances to allow a screen porch to encroach 12 feet into the 35-foot rear building setback at
607 Viana Court (Lot 88, Seville Chase, depicted in Plat Book 51, Pages 1-140f the Public
Records of Seminole County, Florida). The applicable 35 foot rear building setback is set forth
in the RlAA zoning regulations (Section 20-166) as well as on the final subdivision plat, cited
above.
APPLICABLE CODE:
Sec. 6-2. Compliance with Chapter.
Sec. 20-82. Duties and powers; general.
Sec. 20-103. Restrictions upon lands, buildings and structures.
Sec. 20-166. Front, rear, and side yard regulations.
CHRONOLOGY:
June 13,2002 - Variance application was received by City.
July 24, 2002 - Staff received documentation of extent of proposed encroachment.
August 1,2002- Board of Adjustment (3 members present) heard the request and could not
decide on a recommendation of either approval or denial.
August 26, 2002
Regular Item B
Page 2
FINDINGS:
1) Lot No. 88, of Seville Chase, is zoned RlAA and has a Lower Density
Residential Future Land Use designation.
2) The required rear yard building setback is 35 feet in the R1AA zoning
district.
3) Plat Book 51, Page 1 of the Public Records of Seminole County also sets
forth a 35 foot rear building setback.
4) The applicant requested a variance to encroach 12 feet into the 35-foot rear
building setback, to within 23 feet of the rear property line.
5) 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 the terms 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.
6) 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.
7) There is no lake, tract, or other known mitigating
topographic/environmental feature behind this lot that would lessen the
effects of the proposed encroachment on the neighboring residents.
BOARD OF ADJUSTMENT:
At its regularly scheduled meeting of August 1,2002, the City of Winter Springs Board of
Adjustment heard the Cornell's request for a variance but could not agree on a
recommendation.
August 26, 2002
Regular Item B
Page 3
RECOMMENDA TION:
Staff did not find the request to be consistent with any of six (6) criteria necessary for granting
a variance and recommends denial of the request.
ATTACHMENTS:
A - Plot plan/"Land Description"
B - Photocopy from final subdivision plat
C - Variance application
D - Board of Adjustment Draft Minutes
E - Letter to property owners
F - Applicants' supporting documentation
COMMISSION ACTION:
A B 8
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ATTACHMENT A
-LAND DESCRJfII1{J1t"
LOT 88, SEVILLE CHASE . ACCORDING ro THE PLA T THEREOF
AS MCDROED IN PLAT BOOK 5'. PAGCS t - t~ CITY OF 'MNTER SPRINGS.
SEJMNOLE COUNTY. FLORIDA.
"SIrE PLAN-
(NOT A F1ELD SURVE'Y)
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'ATTACHMENT C
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'BOARD OF ADJUSTMENT APPLICATION
CITY OF WINTER SPRINGS
1126 EAST STATE ROAD 434
WINTER' SPRINGS, FL ,32708-2799
(407)327-1800
FOR:
=-X
SPECIAL EXCEPTION
-= VARIANCE
'CONDITIONAL USE
AD~INISTRATIVE DEqISI0N
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1. APPL'CANT, c;.",,,," A.xlEi~ c"rAJdl '.' 'PRq.E:e:7r.1G-.317~
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3. ATTACH A COPX OF THE PARCEL SURVEY.
4. ATTACH AN 11 x 17 MAP SHOWING THE SUBJECT PROPERTY AND
SURROUNDING PARCELS.
S. ATTACH LEGAL' DESCRIPTION.
6. TAX. PARCEL ~DENTIFicATION NUMBE~i~~/-3~S#4~~_~~AO
.;. .
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7. LOCATION 'OF PARCEL (streE!.~J Addre:rs 'and/or .:Nearest Cross
Str..,,~, (PO? 111.""1: COuH- /.<,~~ 'SJ>/Y'1j< . :
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.8. PRESENT ZON}NG:ii~~.(~M.l.1r- '. FUTURE :L?\N~. USE:
By Signing below' I understand that City of Hinter Sp~ings Officials
may ~nter UPon my property to inspecf that portion as relates to
this applica~ion: . .
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(If the app1ic~nt is not the owner of the subject property, the
applicant must attach. a letter of authorization signed by the
owner) .'
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EILEEN E. CORNELL
JAMES P. CORNEll . '
607 Viana Ct ..J_c.j\ ,; \"l... "'\
WinterSprings,FL 32708 ',,;::U U~..~,\/\t\N~Oate
Phd~"f 407-657-7426 .' . :'
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5992
63-943/631
BRANCH 81812
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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 1,
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 possibility 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
MrNUTES
BOARD OF ADJUSTMENT
REGULAR MEETING - AUGUST 1,2002
PAGE20F6
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 permit
requirements; reviewed the definitions of a enclosed pool and screen enclosure from th~
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 of the six (6)
criteria requiredfor the Variance.
Tape 1/ 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 ADJUSTMENT
. REGULAR MEETING - AUGUST 1,2002
PAGE 3 OF 6
VOTE:
BOARD MEMBER HERBERT: AYE
BOARD MEMBER TAYLOR: A YI~
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 how they benefited from this. I
would like to ente11ain 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 STIl>ULATED 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
PAGE 4 OF 6
REGULAR
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 !l1ichael 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 perspecti ve. "
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CITY OF WINTER SPRINGS
MINUTES
BOAIW OF ADJUSTMENT
REGULAR MEETING - AUGUST 1.2002
I'AGE50F6
Board Member Taylor commented, "1 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 SPRfNGS
MfNUTES
BOARD OF ADJUSTMENT
REGULAR MEETING - AUGUST I, 2002
PAGE 60F 6
Board Member Waters informed everyone that he would be unable to attend the
September Meeting due to impending surgery.
Tape 2/Side A
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:
~ao~
THOMAS WATERS, BOARD MEMBER
BOARD OF ADJUSTMENT
S:\dept - City Clerk\l30ARDS\ADIlJSTivlE\aIlIlMINUTES\080 I 02 REGULAR.doc
NOTE: These Minutes were appruved al the
, 2002 Board 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 607 Viana Ct.
Dear Property Owner:
At its regularly scheduled meeting of Thursday, August 1,2002, the City of Winter Springs Board
of Adjustmentwill hear a variance request from James and Eileen Cornell to allow construction of an
enclosed porch to encroach an undisclosed distance into the 35-foot rear building setback set forth for the
property located at 607 Viana Court. 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 me at (407) 327 - 6695..
Sincerely,
~ c. 8<L-
/John C. Baker, AICP
Current Planning Coordinator
07/24/2002 14:44 4076479735
JAI.,ES A EDWARDS PA
PAGE 01
"
ATTACHMENT F
".
LAW OFFICES OF JAMES A. EDWARDS, P.A.
P. O. BOX 940247
MAITLAND, FLORIDA 32794-0247
TELEPHONE: (407) 647-9733
FACSIMilE: (407) 647-9735
FACSIMilE COVER SHEET
TO: JOHN BAKER
FAX NO.:
407 327 6695
DATE: 7/24/02
FROM:
EilEEN CORNEll
RE:
VARIANCE HEARING 8/1/02
NO. OF PAGES (INCLUDING COVER SHEET)
MESSAGE: PER YOUR REQUEST FOR INFORMATION,
PLEASE BE ADVISED THAT THE SCREEN PORCH WILL BE
INTO THE SET BACK 12 FEET. ATTACHED PLEASE FIND AN
ENLARGED COpy OF THAT PORTION OF THE SURVEY
SHOWING THE PATIO AND seT BACK AREAS.
I LEFT A MESSAGE ON MAX EPSTEIN'S
PHONE AND ON YOUR PHONE TODAY REGARDING WHETHER
I NEED TO POST THE SIGN ANOTHER 7 DAYS PRIOR TO THE
8/1/02 HEARING. WE DID POST THE SIGN FOR 7 DAYS PRIOR
TO THE DATE THE HEARING SHOULD HAVE TAKEN PLACE IN
JULY. IF SO, SHALL I JUST CHANGE THE DATE ON THIS SIGN
OR DO I NEED A NEW SIGN. PLEASE CALL MY OFFICE ANY
DAY 9 A.M. TO 5 P.M. IF YOU NEED FURTHER INFORMATION
07/24/2002 14:44
4076479735
JAMES A EDWARDS PA
PAGE 02
"
OR NEED TO TALK TO ME.
ASSISTANCE.
THANK YOU FOR YOUR
CONFIDENTIALITY NOTE: The information contained in this facsimile
message is legally privileged and confidential information intended only for
the use of the individual or entity named above. If the receiver of this
message is not the intended recipient. you afe hereby notified that any
dissemination, distribution or copy of this telecopy is strictly prohibited. If
you have received thlstelecopy in error. please immediately notify us by
telephone and retum the original message to us at the above address via the
United States Postal Service. Thank you.
07/24/2002 14:44 407547g735 JAMES A EDWARDS PA
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