HomeMy WebLinkAbout2002 04 08 Regular G Construction of Single Family home
COMMISSION AGENDA
ITEM G
CONSENT
INFORMATIONAL
PUBLIC HEARING
REGULAR X
04/08/02
Meeting
MGR.
Authorization
REQUEST: The Community Development Department presents to the City Commission a
request of Paul and Vicki Starks for a variance from Section 20-146 of the City Code of
Ordinances, which sets forth building setbacks for the R-CI zoning district.
PURPOSE: The purpose of this agenda item is to consider a request of Paul and Vicki
Starks for a variance from the requirements of Section 20-146 of the City Code of Ordinances
to allow construction of a single family residence 25 feet into the 35-foot rear building setback
in order to save several large trees and to save the maximum number of trees on the lot.
APPLICABLE CODE:
Sec. 5-1. Intent and purpose: applicability; definitions,
(a) Intent and purpose. These arboreal standards of the city declare the tangible and
intangible value of trees and plants to citizens and the community in that they playa
vital role in the natural ecosystem of the city, benefiting the air, water, soil, wildlife and
other vegetation of the environment, and in that greenery as well contributes to the
aesthetic aspects of life. Therefore, precedent to any activity which requires alteration
of the natural vegetation on the land, an application shall be presented to the city for
review of the extent and necessity of removal or destruction of trees.
Sec. 20-82. Duties and Powers; general.
The Board of Adjustment shall make recommendations to the City Commission to
grant any variance or special exception as delineated in this chapter.
(1) The board of adjustment shall have the additional following specific powers
and duties:
a. .....
April 8, 2002
Regular Item G
Page 2
b.
c. To recommend upon appeal such variance from the tenns of this
chapter as will not be contrary to the public interest where, owing to
special conditions, a literal enforcement of the provisions of this
chapter will result in unnecessary and undue hardship. In order to
recommend any variance from the terms of this chapter, the board of
adjustment must and shall find:
1. That special conditions and circumstances exist which are
peculiar to the land, structure or building and which are not
applicable to other lands, structures or buildings in the same
zoning district;
2. That the special conditions and circumstances do not result from
the actions of the applicant;
3. That granting the variance requested will not confer on the
applicant any special privilege that is denied by this chapter to
other lands, buildings or structures in the same zoning district;
4. That literal interpretation of the provisions of this chapter would
deprive the applicant of rights commonly enjoyed by other
properties in the same zoning district under the tenns of this
chapter and would work unnecessary hardship on the applicant;
5. That the variance granted is the minimum variance that will
make possible the reasonable use of the land, building or
structure;
6. That the grant of the variance will be in harmony with the
general intent and purpose of this chapter, will not be injurious to
the neighborhood, or otherwise detrimental to the public welfare.
(2) In recommending the granting of any variance, the board of adjustment may
recommend appropriate conditions and safeguards. Violations of such
conditions and safeguards, when made part of the terms under which the
variance is granted, shall be deemed a violation of the chapter. The board
of adjustment may recommend a reasonable time limit within which the
action for which the variance is required shall be begun or completed, or
both.
April 8, 2002
Regular Item G
Page 3
Sec. 20-103, Restrictions upon lands, buildings and structures.
(c) Percentage of occupancy (lot). No building or structure shall be erected.. .nor shall any
open space surrounding any building or structure be encroached upon or reduced in any
manner except in conformance with the building site requirements ... for the district in which
such building or structure is located.
Sec. 20-146. Front, rear and side yard regulations.
The following yard regulations shall apply in the R-CI Single Family Dwelling Districts:
(2) Rear yard. The rear yard shall not be less than thirty-five (35) feet in depth.
CHRONOLOGY:
January 25,2002 - Variance application received by City
March 7, 2002 - Board of Adjustment heard the request and recommended Approval.
FINDINGS:
1) Lot No.6, Block H, of the Ranchlands, Section lA, is within the R-CI
zoning district and has a Lower Density Residential Future Land Use
designation.
2) The required rear yard building setback is 35 feet in the R-CI zoning
district.
3) The applicant has requested a variance to encroach 25 feet into the 35-foot
rear building setback, to within 10 feet of the rear property line.
4) The applicant's written explanation describes the need for a variance to save
2 live oaks, the graphic depiction shows several trees, and verbally, the
applicant describes other potential areas on the lot as heavily treed. Thus,
his argument is that, although there are other locations on-site to build a
house, this variance affords the least tree removal.
5) City Arborist Mike Mingea visited the site and agrees that this is the best
location to minimize tree loss. Mr. Mingea has stated that rest of the site
has considerable tree cover (please see attached letter of March 7, 2002).
6) A variance requires compliance with all six (6) criteria outlined in Code
Section 20-82.
BOARD OF ADJUSTMENT:
At its regularly scheduled meeting of March 7, 2002, the City of Winter Springs Board of
Adjustment heard the Stark's request for a variance and voted 2-1 to recommend approval of
the variance to allow the 25-foot encroachment into the 35-foot rear building setback.
April 8, 2002
Regular Item G
Page 4
RECOMMENDA TION:
That the City Commission consider the Board of Adjustment (BOA) recommendation and
review the variance request pursuant to the criteria outlined in Subsections 20-82(1) and (2) of
the City Code of Ordinances. Staff has not found the request to be consistent with all six (6)
criteria.
ATTACHMENTS:
A - Boundary survey with hand-drawn (not to scale) depictions oflarge trees and proposed
house
B - Reduced scale photocopy of a portion of Plat Book 12, Page 32
C - Variance application
D - March 7, 2002, letter from City Arborist Mike Mingea
E - Board Of Adjustment Draft Minutes (approved minutes from the April 4, 2002, BOA
meeting will be provided at the April 8, 2002, City Commission meeting)
F - Letters to property owners
COMMISSION ACTION:
.
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ATTACHMENT A
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NOTES:
" THIS SURVEY WAS PREPARED FROM TITLE INFORMATION FURNISHED TO THIS SURVEYOR. THERE MAY BE OTHER RESTRICTIONS OR
UNRECORDED EASEMENTS THAT AFFECT THIS PROPERTY,
2, NO UNDERGROUND-IMPROVEMENTS HAVE BEEN LOCATED UNLESS OTHERWISE SHOWN,
3, THIS SURVEY IS PREPARED FOR THE SOLE BENEFIT OF THOSE CERTIFIED TO AND SHOULD NOT BE RELIED UPON BY ANY OTHER ENTITY,
4, DIMENSIONS SHOWN FOR THE LOCATION OF IMPROVEMENTS HEREON SHOULD NOT BE USED TO RECONSTRUCT BOUNDARY LINES,
5, BEARINGS ARE BASED ON ASSUMED DATUM AND ON THE LINE SHOWN AS BASE BEARING (BB),
6, PROPERTY HEREON LOCATED IN ZONE' X- &'A" PER F,I.R.M, COMMUNITY PANEL NO, 1202950145 E DATED 04-17-95,
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CERTIFIED TO:
PAUL STARKS
DESCRIPTION: LOT 6, BLOCK H, NORTH ORLANDO RANCHES SEC, lA
AS RECORDED IN PLAT BOOK 12, PAGE(S) 31-32, OF THE PUBLIC RECORDS
OF SEMINOLE COUNTY, FLORIDA
JOB NO,: 01-045
DATE:
FIELD: 01-29,01
SIGNED: 02-05-01
DRAWN BY: JWJ
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109 WEST ORANGE STREET
AL T AMONTE SPRINGS, FL.
32714
PH, (407) 696-1155
ATTACHMENT B
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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: SPECIAL EXCEPTION
......--. VARIANCE
CONDITIONAL USE
ADMINISTRATIVE DECISION
1.
APPLICANT:
PAve. R. <t- VIC.K'l ~I',
7'/1 CJ I (.j) ~ {. lJll.
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PHo.NE
107- 7(S"- 7i2.9 C-..
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ADDRESS:
<?11 ~ s 1Ec./3 E /i./Z-r"'" .
2 PURPOSE OF REQUEST: 5C-,-,3AClK ff.dC/z' Ac.t/,<-1 ~I-(-;- ;;,
-;r;;o wv'.E &:>tl-K. Tf11E.E.5'.. 5~,13tl-tt<. /Z€~dl-e:.......e.",-, ,$
~c (0' tJ,u- I'Il.E-sEl?vY -:nlrZ -rI2.Ec.s-.
3. ATTACH A COpy OF THE PARCEL SURVEY.
4. ATTACH AN 11 x 17 MAP SHOWING THE SUBJECT PROPERTY AND
SURROUNDING PARCELS.
5. ATTACH LEGAL' DESCRIPTION. US'7{;.~ aid '5v/l.ti-E"('
6. TAX PARCEL IDENTIFICATION ~UMBER: &J--:2..I-'3~ -5-"c. -~i(c!>o-oor;,9
7. LOCATION OF PARCEL (street Address 'and/or ,Nearest Cross
Streets): ::UtJ /It-U./dLt::. ~,./. (,.},,.J-;-Cfi.. S-,;)(2.,,..((;,> r'<-
/ 13,-~_I!!.C,Jd(ZS-;-'oF An.,.{pe..t> t:.J. M6 5'<J,.((V5"E ~,.
8. PRESENT ZONING:
12 c-{
FUTURE LAND USE: ;2t.S1 6Z,.J, TTAC
By Signing below I understand that city of Winter springs Officials
may ~nter upon my property to inspect that portion as relates to
this application,
(If the applicant is not the owner of the subject property,
applicant must attach a letter of authorization signed by
owner) ,
PA oJ... B. :5' 71J (VC5
OWNER-PLEASE TYP~
OWN~N~~
the
the
IR~--.'''~D
t:~~,:,:, :~,~c,
t I3UILDING DePAHl'Me/'lT
PERSONS ARE ADVISED THAT, IF THEY DECIDE TO APPEAL ANY, DECISIONS
MADE AT THESE MEETINGS/HEARINGS, THEY WILL NEED A RECORD OF THE
PROCEEDINGS AND FOR SUCH PURPOSE, THEY WILL NEED TO INSURE THAT A
VERBATIM RECORD OF THE PROCEEDINGS IS MADE, AT THEIR 'COST, WHICH:
INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE ,f~
BASED, PER SECTION 286.0105, FLORIDA STATUTES"
SECTION 20-84 - APPEALS FROM DECISIONS OF THE BOARD OF ADJUSTMENT
(1) Any pet:'son, ot:' pet:'sons, jointly ot:' sevet:'ally aggdeved by
any decision of the Boat:'d of Adjustment may, within thit:'ty (30)
days aftet:' the filing or any decision in the office of the Board of
Adjustment, but not thet:'eafter, apply to the City Council for
administt:'ative t:'elief, Aftet:' a hearing befot:'e the city Council an
aggt:'ieved pat:'ty may, within thirty (30) days aftet:' the decision of
the City Council, file an appeal with a cout:'t of competent
jurisdiction ovet:' the subject mattet:'o
Appt:'oved as to
Date:~^t J 91-
Coordinatot:'
ATTACHMENT D
CITY OF WINTER SPRINGS, FLORIDA
1126 EAST STATE ROAD 434
WINTER SPRINGS, FLORIDA 32708-2799
Telephone (407) 327-1800
Fax (407) 327-6695
Code Enforcement
~mMORANnLPi
TO: John Baker, Planning Dept.
FROM
Michael Mingea, ~ity Forester
DATE March 7, 2002
RE Variance request at 210 Arnold Lane
By request of the applicant I visited the site above to review
the positions of the trees on the lot in regards to proposed
new home construction. As a conservationist I am thrilled 'to
be able to save viable trees prior to construction. All too
often trees are treated as inanimate objects and serious
or permanent damage occurs to the plant during construction.
By taking steps prior to the construction process in order to
avoid or protect the trees, they can be saved and actually be
an asset to the property.
The site in question would benefit by moving the pad of the
house so the roots of the two Live Oaks would not be damaged.
The site has several areas with ,nice stands of trees, most of
which are drought tolerant Florida native species. In order to
keep the tree canopies intact on other parts of the site, it
would be best to place the house at the proposed variance spot.
As a construction precaution, barrier fencing must be installed
around existing trees that will be in the construction area prior
to any clearing or building. An arbor permit will be necessary
if any trees are removed. Any fill dirt or grading that will
occur will need permitting prior to occurance and with the proper
protection for the tree roots.
My recommend~tion as city forester is that the preceeding items
be requirements for issuance of a variance.
fJ1luh~m. rLt'Vyri
U Avedru-
~,~~
ATTACHMENT E
CITY OF WINTER SPRINGS
MINUTES
BOARD OF ADJUSTMENT
REGULAR MEETING
MARCH 7, 2002
DRAfT
I. CALL TO ORDER
Vice Chairperson Elizabeth Randall called the Regular Meeting to order Thursday, March
7,2002, at 7:01 p.m. in the Commission Chambers of the Municipal Building (City Hall,
1126 East State Road 434, Winter Springs, Florida 32708).
Roll Call:
Chairperson Greg Smith, absent
Vice Chairperson Elizabeth Randall, present
Board Member Sally McGinnis, present
Board Member Jack Taylor, absent
Board Member Thomas Waters, present
The Pledge of Allegiance followed Roll Call.
II. CONSENT
CONSENT
A. Approval Of The December 6, 2001 Regular Meeting Minutes.
Vice Chairperson Randall asked for a Motion to approve the Minutes.
"SO MOVED." MOTION BY BOARD MEMBER McGINNIS, SECONDED BY
BOARD MEMBER WATERS. DISCUSSION. WITH CONSENSUS OF THE
BOARD, THE MOTION WAS APPROVED,
MOTION CARRIED,
III. REGULAR AGENDA
REGULAR
A. Variance For Paul And Vicki Starks
210 Arnold Lane
Section 20-146. (Front, Rear, And Side Yard Regulations).
Mr. John Baker, AICP, Current Planning Coordinator, Community Development
Department introduced the Agenda Item. Mr. Baker stated, "I think the major thing, if
you are inclined to grant this Variance, the problem would be to make it fit all six of the
criteria. I had a real problem with the idea of criteria four (4) and five (5) as 1 - would try
[g)[Rlffi\rF1i
CITY OF WINTER SPRINGS
MINUTES
BOARD OF ADJUSTMENT
REGULAR MEETING - MARCH 7, 2002
PAGE20F4
to see if it would fit." Referring to a letter from the City's Arborist [Mr. Michael Mingea,
Environmental Inspector/City Forester, Code Enforcement Division, Community
Development Department], Mr. Baker said, "If you should decide to grant the Variance,
Mr. Mingea hopes that you will include those conditions in the next to last paragraph in
his - letter. I believe Mr. Starks is in agreement with that but we will let him address
that." (Note: From his seat in the audience Mr. Starks agreed.)
The Board questioned whether there had been past applications like this request; the
purpose of the request; and the location of the property.
Mr. Paul Starks, 484 Wild Fox Drive, Casselberry, Florida: spoke of the importance of
destroying the least amount oftrees with the placement of the home.
Members of the Board questioned Mr. Starks regarding the square footage of the home,
and damage to the trees with the home having a second story.
Mr. Starks spoke of his conversation with a tree surgeon and his recommendation was
that only one branch would have to be removed but the trees should be pruned prior to
construction to help relieve the shock.
The Board inquired whether Mr. Starks was concerned about damage to the supported
slab by roots, to which Mr. Slack spoke of putting plexi glass in the ground to stop root
growth under the home.
Brief discussion.
The amount of clearance around the house for brush fire protection: whether the view of
the lake prioritized the placement of the house; and the history of the lake was discussed
next.
Note: During the above discussion there was no formal review of the six (6) criteria
required for the Variance.
MOTION BY BOARD MEMBER McGINNIS. "I MOVE THAT WE GRANT
THE VARIANCE AS PRESENTED." SECONDED BY VICE CHAIRPERSON
RANDALL. DISCUSSION.
VOTE:
VICE CHAIRPERSON RANDALL: AYE
BOARD MEMBER McGINNIS; AYE
BOARD MEMBER WATERS: NAY
MOTION CARRIED,
{Q)[Rl~rFlJ
CITY OF WINTER SPRINGS
MINUTES
BOARD OF ADJUSTMENT
REGULAR MEETING - MARCH 7. 2002
PAGE 3 OF 4
IV. FUTURE AGENDA ITEMS
Mr. Baker informed the Board that he has made arrangements with the City Attorney,
Anthony A. Garganese, for a Workshop to be held Thursday, April 4, 2002 to discuss the
"Role of the Board of Adjustment and to clarify things that you want clarified about the
Code, your role, the law. The one thing that would be helpful though is if there are
specific items - you could provide them to me - at least two (2) weeks before that
Meeting." Mr. Baker was asked if there would be anything else on the Agenda that night.
Mr. Baker explained that there was an application submitted and possibly the return of
another application previously heard.
Board Member Tom Waters requested a brief summarization of Roberts Rules and said,
"That was basically why I asked to have the Meeting with Anthony [Attorney Garganese]
for some of the issues that have come up."
Discussion ensued regarding the City's Code of Ordinance.
V. REPORTS
None.
VI. ADJOURNMENT
Vice Chairperson Randall asked for a Motion to adjourn.
"SO MOVED." MOTION BY BOARD MEMBER WATERS. SECONDED.
DISCUSSION. WITH CONSENSUS OF THE BOARD, THE MOTION WAS
APPROVED,
MOTION CARRIED.
Vice Chairperson Randall adjourned the Meeting at 7:22 p.m.
RESPECTFULLY SUBMITTED:
[Q)[R1ffi\[F1r
CITY OF WINTER SPRINGS
MINUTES
BOARD OF ADJUSTMENT
REGULAR MEETING - MARCH 7, 2002
PAGE40F4
DEBBIE GILLESPIE
DEPUTY CITY CLERK
APPROVED:
ELIZABETH RANDALL, VICE CHAIRPERSON
BOARD OF ADJUSTMENT
S:\dept - City Clerk\Docs\Word\BOARDS\ADJUSTME\aIl1\MINUTES\2001\Adj031102.doc
NOTE: These Minutes were approved at the
2002 Board of Adjustment Meeting,
ATTACHMENT F
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
February 21, 2002
RE: Variance Request for 210 Arnold Lane
!
Dear Property Owner:
The City of Winter Springs Board of Adjustment will consider a request, on Thursday, March 7,
2002, by property owners, Paul and Vicki Starks, for a variance to allow their proposed single family
home to encroach 10 foot into the 20 foot rear yard setback, at 210 Arnold Lane (Lot 6, Block H, North
Orlando Ranches, Sec. 1 A, as recorded in Plat Book 12, Pages 31 -32 of the Public Records of Seminole
County, Florida). The Board of Adjustment meeting is held at City Hall, located at 1126 E. SR 434 and
begins at 7:00 P.M.
Please contact me at (407) 327 - 5966 if you have any questions about this variance or the Board
of Adjustment meeting,
Sincerely,
CJe c C?~
~hn C. Baker, AICP
Current Planning Cooridinator
\,
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
March 29, 2002
RE: Variance Request for 210 Arnold Lane
Dear Property Owner:
The City of Winter Springs City Commission will consider a request, on Monday, April 8, 2002,
by property owners, Paul and Vicki Starks, for a variance to allow their proposed single family home to
encroach 10 foot into the 20 foot rear yard setback, at 210 Arnold Lane (Lot 6, Block H, North Orlando
Ranches, Sec. lA, as recorded in Plat Book 12, Pages 31 -32 of the Public Records of Seminole County,
Florida). The City Commission meeting is held at City Hall, located at 1126 E. SR 434 and begins at 6:30
P,M.
Please contact me at (407) 327 - 5966 if you have any questions about this variance or the
meeting.
Sincerely,
c::7e- c r3...~
tiolll1 C. Baker, AICP
Current Planning Coordinator
".