HomeMy WebLinkAbout2005 08 22 Public Hearing Item 405- Waiver Request by Mansour "Max" Sabeti of Metroopolis Homes
CITY COMMISSION
AGENDA
ITEM 405
Consent
Informational
Public Hearing X
Regular
August 22, 2005
Meeting
MGR.
",
"
REQUEST:
The Community Development Department requests the City Commission consider a waiver
request by Mansour "Max" Sabeti, of Metropolis Homes, from Subsection 20-234 (4) to allow him
to proceed with plans to construct residential condominium units on 9.1 acres within the C-1
zoning district (site is behind the Bank of America, with frontage on both SR 434 and Moss Road)
without providing the requisite 2 garaged automobile parking spaces for each unit.
PURPOSE: The purpose of this request is to consider allowing a waiver from Section 20-234 of
the code, that requires multiple family housing within the C-1 zoning district provide a minimum
of 2 garaged automobile parking spaces per residential unit (Ordinance No. 2004-28. adopted
07/28/04). The applicant has stated that (1) there is a significant difference between town home
and residential condominium developments, (2) that the garaged parking spaces requirement is
more suited to town home development, and (3) that the market at the proposed location will not
support subterranean parking or massive elaborate and separate parking structures, therefore
making the requirement illogical, economically impossible, impractical, and patently unreasonable.
APPLICABLE LAW AND PUBLIC POLICY:
Sec. 20-34. Waivers.
Sec. 20-82. Duties and powers; general.
Sec. 20-234. Conditional Uses.
CONSIDERATIONS: The site has a Commercial Future Land Use designation and is
within the C-1 Commercial zoning district. The project is also located within the SR 434
Redevelopment Overlay Zoning District. On April 12, 2004, the site received a conditional use to
allow multi-family residential development of as many as 84 residential units on this 9.1 acre site
(9.2 d.u.lacre). On July 28,2004, the City Commission adopted Ordinance No. 2004-28, which
Public Hearing Item 405
August 22, 2005
Page 2 of 4
requires all multi-family development within the C-I zoning district to provide at least 2 garaged
parking spaces per residential unit. Preliminary engineering plans were submitted to the City on
April 15, 2005. The applicant was advised of the Code requirement, submitted the waiver request
on May 24, and was heard at the July 21 Board of Adjustment meeting.
The existing multi-family developments in the immediate area do not provide the minimum 2
garaged parking spaces per residential unit. New multi-family developments (others are town
homes) are now providing 2 car garages. This includes the Harbor Winds town homes at the west
end of the City, on 15 acres just east of Golf Terrace Apartments.
FINDINGS:
1. The 9.1 acre site is located within the C-I zoning district and has a conditional use for as many
as 84 residential units.
2. The waiver request must conform with all six waiver criteria set forth in Section 20-34 of the
City's Code of Ordinances.
The six waiver criteria are as follows:
(1) The proposed development plan is in substantial compliance with this chapter and in compliance
with the comprehensive plan.
The site plan is still within staff review but appears compliant with the comprehensive plan and
with most Code provisions.
(2) The proposed development plan will significantly enhance the real property.
The BOA and staff believe the proposed residential condominium development would
significantly enhance the real property.
(3) The proposed development plan serves the public health, safety, and welfare.
The site plan is still within staff review but appears to serve the public health, safety, and
welfare.
(4) The waiver will not diminish property values in or alter the essential character of the surrounding
neighborhood.
The BOA and staff do not believe the waiver would diminish property values or alter the
essential character of the surrounding neighborhood in a negative way. Any new quality
Public Hearing Item 405
August 22, 2005
Page 3 of 4
development in that location would appear to have a positive impact on the surrounding
neighborhood.
(5) The waiver granted is the minimum waiver that will eliminate or reduce the illogical, impossible,
impractical, or patently unreasonable result caused by the applicable term or condition under this
chapter.
Staff believes the applicant has made admirable attempts to demonstrate, through discussions
with City staff and a presentation before the Board of Adjustment, that this is the minimum
waiver as referenced in this requirement. Three (3) of the five (5) BOA members felt the
applicant's argument adequately addressed this criteria. Whether this is, in fact, the minimum
waiver as called for in Criteria #5 is still a debatable issue.
(6) The proposed development plan is compatible with the surrounding neighborhood.
The BOA and staff believe the proposed site plan, although still within staff review, is
compatible with the surrounding neighborhood.
CHRONOLOGY:
April 12, 2004 - conditional use approved for as many as 84 residential units
September 20, 2004 - City Commission approved 6 month extension to conditional use
April 15, 2005 - City received preliminary engineering plan submittal
May 24, 2005 - City received waiver application and fee
July 21,2005 - BOA votes 3-2 to recommend approval
BOA ACTION: At its July 21,2005, meeting, the BOA voted 3 to 2 to recommend approval.
ST AFF RECOMMENDATION: While staff readily acknowledges that there is a substantial
difference in the ability of condominium units and town home units to provide two parking spaces
within an enclosed garage, the existing language of Subsection 20-234 (5) does not provide for the
division of the term "multiple-family residential" into condominiums and town homes for the
purpose of determining parking requirements. Staff is of the opinion that the applicant has made
an admirable effort to justify the requested waiver, however, the issue of whether this requests
represents a "minimum waiver" is still a debatable issue. Staff further is of the opinion that
Section 20-234 (5) ofthe Code needs to be modified to address the differences in multi-family unit
types. Staff would request that the City Commission consider the request of Mr. Sabeti for the
requested waiver.
Public Hearing Item 405
August 22, 2005
Page 4 of 4
ATTACHMENTS:
A Application package
B Location map
C BOA draft minutes
CITY COMMISSION ACTION:
ATTACHMENT A
CITY OF WINTER SPRINGS
COMMUNITY DEVELOPMENT DEPARTMENT
1126 STATE ROAD 434
WINTER SPRINGS, FL 32708 _____
407-327-5966 ~ d(l()JO-M}~
FAX: 4 07 -327 -6695
BOARD OF ADJUSTMENT APPLICATION
=!l1"'N~D
HI t'\{i ~",. ;,~" Il''lY '\y..: 0' .
.:~_ "~" \::. i;~ '1':1;"0;" 01-"1'. -~
o CONDITIONAL USE / SPECIAL EXCEPTION
o VARIANCE
IJi WAIVER
APPLICANT:
MAILING ADDRESS:
PHONE & EMAIL
OF \!\f;~JTL~:':' ,~:~r+~\I'~GS
err)' penniti.H)Q - iv',a:.:
Sabeti Mansour
Last First
128 E. Colonial Dr.
Max
Middle
Orlando
FL
32801
City State Zip Code
(407) 835-1369 X 11 maxabeti@aol.com
PROPERTY O\VNER:
If Applicant does NOT own the property:
N/A
MAILING ADDRESS:
PHONE & EMAIL
SIZE OF PARCEL:
EXISTING LAND USE:
Lastl
N A
First
Middle
CW/A
State
Zip Code
396,396
9.1 Acres
Square Feet
Acres
Commercial
Commercial
Current FUTURE LAND USE Classification:
Current ZONING Classification:
C-1 neighborhood
Waive requirement
commetfdlii'iH.**REFRESHED 05/20/05** I'lISe
I'lISCELLANCBI:IS CASII RECnPTS
of haBlIi.El1.QTiie parkiAS127/05 08:51
PaYMent : $500.80
Re~e!J!t D .......1-1;, : .8.53364
g alJflMltreWi:l 'iJtl'NIll: ~1
Clerk : dascano
Paid By : I'IETROPOLIS HOMES
Please state YOUR REQUEST:
spaces for each unit within an enclosed
district.
March 2005
CITY OF WINTER SPRINGS
Building Division
1126 East SR 434
Winter Springs, FL 32708
Office: 407-327-5963 Inspection Li ne: 407-327-7596
Per.mit #: WAIV 200502820
Issue Date: 24-MAY-2005
Parcel #:
Site Address: S R 434
WAIVER PROVISION
Lot #:
Owner: (OWN) Max Sabeti
128 E Colonial Drive
Winter Springs, FL 32708
Phone: 4078351369
Contractor:
Phone:
License #:
Work: WAIVER OF ZONING REGULATIONS
Description: WAIVE REQUIREMENTS FOR 2 PARKING SPACES FOR EACH UNIT WITHIN AN ENCLOSED GARAGE WITHIN THE
C-l DISTRICT
Square Footage: Floor Footage
Total:
Construction Type and Occupancy: Code
Sprinklers:
Description
Fees: Code Description
ZP WAIVER WAIVER PROVISION
Total:
Amount Paid
$500.00 $0.00
$500.00 ---~b-o
Due
$500.00
$ 5oo~-ob
Notice
This permit becomes null and void if work or construction is not begun within
six (6) months after its issuance, or if the work authorized by this permit
is suspended or abandoned for a period of six (6) months after the time the
work is commenced.
Certification
I hereby certify that I have read and examined this document and know the same to be true and correct. All
provisions of laws and ordinances governing this type of work will be complied with whether specified
herein or not. Granting of a permit does not presume to give authority to violate or cancel the provisions of
any state or local law regulating construction or the performance of construction.
/ /
i SignitlireOf--~Cont-ractor or Author:rze-2f--Agent
L_~______~_____ . .~___~_ _~_____
Date
***LIVE***REFRESHED OS/28/85** MISC
MISCELLANEOUS CASH RECEIPTS
Date / Time : 85/27/05 08:51
Payment : $500.00
Recei~t " : 853364
Check/Credit Card ": 1997
Clerk : dascano
Paid By : METROPOLIS HOMES
COPYRIGHT KIVA 1997 - 2005
The APPLICANT IS RESPONSIBLE for posting the blue notice card (provided by the City) on the site at
least SEVEN (7) DAYS prior to the Board of Adjustment Meeting at which the matter will be considered.
Said notice shall NOT be posted within the City right-of-way. All APPLICANTS shall be afforded minimal
due process as required by law, including the right to receive notice, be heard, present evidence, cross-
examine witnesses, and be represented by a duly authorized representative.
The CITY COMMISSION shall render all [mal decisions regarding variances, conditional uses and waivers
and may impose reasonable conditions on any approved variance, conditional use or waiver to the extent
deemed necessary and relevant to ensure compliance with applicable criteria and other applicable
provisions of the City Code and Comprehensive Plan. All formal decisions shall be based on competent
substantial evidence and the applicable criteria as set forth in Chapter 20, Zoning. APPLICANTS are
advised that if, they decide to appeal any decisions made at the meetings or hearings with respect to any
matter considered at the meetings or hearings, they will need a record of the proceedings and, for such
purposes, 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 based, per 286.0105, Florida Statutes.
Any CONDITIONAL USE, VARIANCE, or WAIVER which may be granted by the City Commission shall
expire two (2) years after the effective date of such approval by the City Commission, unless a building
permit based upon and incorporating the conditional use, variance, or waiver is issued by the City within
said time period. Upon written request of the property owner, the City Commission may extend the
expiration date, without public hearing, an additional six (6) months, provided the property owner
demonstrates good cause for the extension In addition, if the aforementioned building permit is timely
issued, and the building permit subsequently expires and the subject development project is abandoned or
discontinued for a period of six months, the conditional use, variance or waiver shall be deemed expired
and null and void. (Code of Ordinances, Section 20-36.)
THE FOllOWING ITEMS ARE TO BE SUPPLIED WITH THIS APPLICATION:
rn A copy of the most recent SURVEY of the subject property.
ex A copy of the LEGAL DESCRIPTION reflecting the property boundaries.
EX 11 x 17 MAP showing ADJACENT STREETS and ZONING AND LAND USE classifications
on the ADJACENT PROPERTY.
ex JUSTIFICATION for the Request (See Attached List)
OJ: NAMES and ADDRESSES of each property owner within 150 ft. of each property line.
OJ: Notarized AUTHORIZATION of the Owner,
IF the Applicant is other than the Owner or Attorney for the Owner (see below).
OJ: APPLICATION FEES:
FEES are as SHOWN BELOW plus ACTUAL COSTS incurred for ADVERTISING or NOTIFICATION,
and for REIMBURSEMENT for TECHNICAL and/or PROFESSIONAL SERVICES which may be
required in connection with the review, inspection or approval of any development (based on accounting
submitted by the City's Consultant) , payable prior to approval of the pertinent stage of development.
CONDITIONAL USE / SPECIAL EXCEPTION $ 500
WAIVER $ 500
VARIANCE $ 500
TOTAL DUE
$
500.00
2
March 2005
**************************************************************************************
FOR USE WHEN APPLICANT IS OWNER OF THE SUBJECT REAL PROPERTY:
This is to certify that I am the Owner in fee simple 0
Board of Adjustment consideration:
ds described within this Application for
Sig
~ Personally Known
Produced Identification:
(Type)
Did take an Oath
Did Not take and Oath
<q~\~
Notary Public
My Commissio e~es:
l\.~'O
S~~to and subscribed before me this 5
~ day of Ma.y 20OQ..
"':I:~r:""
~~'l.A""~>
~: .~~
~':.. .:~~
~;1"e .'~:-
"'~iif.,Th't-<
JENNIFER FLORIDA
MY COMMISSION # DD 368069
EXPIRES: November 2, 2008
Bond6d Thru Notary Public UnderNriters
**************************************************************************************
FOR USE WHEN APPLICANT IS NOT OWNER OF THE SUBJECT REAL PROPERTY:
I,
do hereby, with my notarized signature, allow
to represent me in this Application related to my property. The
property is identified as: Tax Parcel Number(s)
Located at
Signature of Owner( s)
Sworn to and subscribed before me this
day of 20_.
Notary Public
My Commission expires:
Personally Known
Produced ill: (Type)
Did take an Oath
Did Not take and Oath
**************************************************************************************
3
March 2005
WAIVER REQUEST
A waiver requires compliance with all six (6) criteria enumerated in the rVinter Springs
Code a/Ordinances. Section 20-34:
Address each of the following conditions related to the variance request. Attach
additional paper as necessary:
o What is the Waiver you are requesting? We have obtained conditional use
approval to build condos within C-l district. This is a request for waiver of
requirement to have 2 enclosed parking areas per unit.
o Is the proposed development plan in substantial compliance with chapter 20 of
the City's Code of Ordinance and in compliance with the Comprehensive Plan?
Yes. The comments received by staff dated May 3, 2005 indicated so.
o Will the proposed development plan significantly enhance the real property?
The plan which is a mix of residential and commercial developments are in line
with city's future plans for the area.
o Will the proposed development plan serve the public health, safety, and welfare
of the City of Winter Springs?
This wiIi be a gated community and will bring much needed improvements to
this vicinity.
o Will the waiver diminish property values in or alter essential character of the
surrounding neighborhood?
We believe the proposed luxury condo and commercial development will infuse
~n[actjve housing and commercial development to the neighborhood.
o Is the waiver request the minimum waiver that will eliminate or reduce the
illogical, impossible, impractical, or patently unreasonable result caused by the
applicable term or condition under this chapter?
Yes. The requirement of a 2 car garage for each condominium unit is not in line
with intent of conditional use which the city approved,accordingly granting of the
waiver eliminates this illogical, impossible impractical and unreasonable.
o Is the proposed development plan compatible with the surrounding
neighborhood?
The townhome developments to the North and those across the street do not have
any enclosed garages. Other develoI2ments in the vicinity are commercial and
garages are not applicable 101' them.
A
"t
Legal Discription
PARCEL "A"
That certain piece, parcel and tract of land located in Seminole County, Florida, described os
foJ/ows:
Part of Lots 12, 52 and 53, Block D of D.R. MITCHELL'S SURVEY OF THE LEVY (LEVEY)
GRANT ON LAKE JESSUP, as recorded in plot book 1, Page 5(6), Public Records of Seminole
County, Florida described as follows:
From the intersection of the East right of way line of Moss Road (80 foot right of way) with
the centerline of the Longwood Rood (5.R. 434)(100 foot right of way), os shown on the
plot of North Orlando, os recorded in Plat Book 12, pages 10 and 11, Public Records of
Seminole County. Florida, run N06"55'3.3"W along said East right of way 50.02 feet to the
intersection of said East right of way line of Moss Rood with the North right of way line of
said Longwood-Oviedo Rood; thence run N84"39'55"E along said North right of way line
290.00 feet to the Point of Beginning; thence leaving said right of way line, run N06"55'33"W
285.82 feet; thence N85"05'4.3"E 109.93 feet; thence N03"54'13"W 230.00 feet; thence
589'50'29"E 285.00 feet to 0 point on a curve concave Easterly, and having 0 Radius of
924.31 feet; thence from 0 tangent bearing of S06"16'2:5'W, run Southerly along the arc of
said curve 187.25 feet through a central angle of 11".36'26" to the point of tangency;
thence run 505"20'03"E 301.56 feet to 0 point on the aforesaid North right of way line of
the Longwood-Oveido Rood; thence run S84"39'55"W along said North right of way 372.52
feet to the Point of Beginning.
PARCEL "B"
Commence at the intersection of the centerlines of Moss Rood and Longwood-Oviedo Rood;
thence run S88"23'42"E, 701.16 feet along the center line of Longwood-Oviedo Road; thence
N01"36'18"E, 165.00 feet for a Point of Beginning; thence continue N01'36'18"E, 186.56 feet
to the beginning of a curve concave Easterly having a radius of 924.31 feet and 0 central
angle of 1 0"48'55"; thence Northeasterly along said curve a distance of 174.474 feet to a
point having 0 tangent bearing of N1Z25'13"E; thence run S88"23'42"E 108.582 feet; thence
run S01"36'18"W 360.00 feet; thence run N88"23'43"W, 125.00 feet to the Point of Beginning.
PARCEL "C'
That part of Lot 12, 52 and 53 of Block D, D.R. MitchelJ's 5urvey of the Mose E. Levy Grant
os recorded in Plat Book 1, Page 5, Public Records of Seminole County, Florida, described
os follows: Commence at the intersection of the East right of way of Moss Rood with the
centerline of the Longwood-Oviedo Rood as shown on the plot of North Orlando os recorded
in Plot Book. 12, Pages 1 o and 11 in the Public Records of Seminole County; thence run
NOS"55'33"W 338.02 feet along the East right of way line of Moss Rood to the Point of
Beginning; thence continue N06"55'3J"W 194.82 feet along the East. right of way line of Moss
Road; thence run 301.32 feet to the right along the arc of a curve .concave, having a
radius 696.78 feet and a central anale of 25'30'34": thence run 572"06'.14" E 696.32 feet;
thence run southerly 14.00 feet along a curve conc~veto the east, having 0 radius' of
924.31 feet, a central angle of 00"52'04", a chord of 14.00 feet that bears S06"41'25"W;
thence run N89'50'29"W 285.00 feet; thence run S0.3"54'13"E 230.00 feet; thence
589'05'43"W 400.00 feet to the Point of Beginning.
SARATOGA, A CONDOMINIUM
Reasons for the 2-car garages being
ILLOGICAL:
1) The product is a 1000 ft2 to 1200 ft2 3-story
condominium.
2) Demographic group will not require or need a 2-car
enclosed garage.
IMPOSSIBLE:
1) Not possible to accommodate 2-car garages and
additional guest parking spaces on site.
2) Not having sufficient open spaces will inadvertently
make it impossible to provide sufficient parking
spaces for all visitors.
IMPRACTICAL:
1) Too many enclosed garages that may not be used.
2) Vistas and openness of community will be adversely
affected.
UNREASONABLE RESULT:
1) 2-car garages are out of sync with type of condos
proposed.
2) No benefit realized through imposition of2 car
enclosed garages
Sarato2a., A Condominium
Why criteria #5 is satisfied via the proposed via
covered parking spaces:
1) Single carports are compatible and logical
with 1000 ft2 to 1200 ft2 stacked flats 3-
story condominiums.
2) The proposed site plan proves that one
covered parking along with additional open
spaces are possible and create a pleasant
design.
3) It is practical to offer one covered parking
per household and allow the additional open
parking spaces to be used on an as needed
basis.
4) The proposed site plan is a reasonable
alternative to provision of 2-car garages and
provides a reasonable amenity for the type
of homes proposed.
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Municipal Address Map Book
PRINTED: REVISED:
Apr 2005 1:
City of Winter Springs, FL
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Mr. Bakct said, "We are pl"ming on this
Co'[I).Icission Meeting."
ftJSL\C 1:lt....~J'(GS
401. co"""uul~ DeVe1oP",eIlt Dep:art1l>ent
Requests "file Board 01 A.djnsunent Conside A. W.i..r Reque,1 By ~.nsOUT
,,~.." S.bet!, Of ~etTopolls Ro"'''' From Sub eclion 20-234. (4) To Allo" Rim To
l'Toceed With \'I.n< To con,lT1ltt ltesidentl.1 condo.mnium \JnllS On 9.1 Mns
Within The C-I l,ollillg Dlotrict (Site Is Be Ind Tbe B21l1< Of "",erico, With
Front.ge On Both SR (S"''' It..d) 434 ^"d 0" lto.d) WItl10ut yrovl<llng The
Req,.;,i..1 0:"0) G." e<l-,utnmobile \,.rlti Spate' For Ea.h \lniL
to the A.ugust 22nd, 1;,10051 City
M'. Bale'" said, "There appe>IS to be three ( ) options a~ailoble if the Wai~er goeS
thtoul9>. that c;reales one for Mr. Sab oti. If it is """ed down. be may re<lueSl to ha~e the
propertY retoned to multi-family. whet<' there is nO such rtquiremenl. />J>d then his other
op110n appellIS 10 be to change the Code to om nd that section of the Cha-pter 20 dealing
with 'C~ \ Zoning' ,"
14t. Bak'" discussed tllis Af,enda Item and sto d that ''Criteria Numb'" r,'" (5) is the on<
"'. feel be falls shoJI on." Mr. Baker .dded. "We said. pleas. u:y '" sho'" 110'" you can
meet this,"
D\sC\lSS\On..
211 (3) lO. SS6 of the City Cod. addteSSi~g ''Oft'-
}Ar. Baker referenced section 9- . · C
street pat,<-\ng re<\uitetnOUIS."
,I ,. "o"'es 118 BasI Colonial Drive, orlando.
S b ( President ~,e"opo" ,,' .., .
Mr. /<I"" a e t, '" bers,b ut his reQllest fat a """,.
Florida'. spo'<-. to the BOord ",etn
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CITY OF WD>iTER. SPRINGS, FLORIDA ~
DRAFT \Jl'OAPPRov,ED Mll'HJT~S
BOARD OF ADnIS'lMEI'iT .
Il.EGULA!l.MEEnNG-IULY21.200S . ~I/~
PAGE 4 0(; !! (;(5
Mr. Sabeti said, "As Mr. Baker in kates, unbeknownst to us, a few months later, there
was a ~hange in the parking space I quirements." Mr. Sabeti stated. "In anticipation of a.
potentIal approval over the course !the past year, we proceeded to get our condominium
documents approved and it has bee a.pproved with the Site Plan that we ha.ve submitted."
Mr. Sabeti added, "We have made ead ways with Sf. John's [River] Water Management
[District] (SJRWMD). we have sub itted the Plans to them and we were able to get some
comments back."
Regarding the Site, Mr. Sabeti sai , "We tried to provide a community feeling for this
project - saving some of the trees t at are on the north side and on the east side so that it
would indeed provide a good resal for this community. We feel that the position for a
two (2) car garage for these units is deed, a little bit illogical from this perspective:'
Mr. Sabeti said, "Having a two (2) car garage does not seem to be really necessary and
from a marketing standpoint and housing type of standpoint, somewhat illogical to
provide. It is im.possible from the andpoint that if you provide two (2) car garages for
all the units, according to the way the Code is set up, we do not need to do anything
beyond that, in other words, there is not going to be any additional parking that would be
available - for guests." Mr. Sabeti added, "Our Site does not certainly accommodate or
could accommodate additional op parking spaces. So, it kind of makes it impossible
for us to accommodate all that ne s to be done from the standpoint of the realistic
practical living in a conununity su h as this one. And not having this additional open
space on - because you are provi ng an enclosed parking space, kind of makes it an
impossible situation for the visitors to park in the complex and we certainly do not have
the room to do that." Mr. Sabeti ed, "It is impractical because if a family has a one (1)
car and has a two (2) car garage - s ace that is provided is not going to be used. and it is
not going to be needed - and, therefi re, makes it for an impractical situation."
With reference to two (2) car garag s, Mr. Sabeti added that it, "Provides corridors that
block views and would block the b ildings as they are in a way that would not be very
helpful for the looks and aesthetic b aut)' of the community." Mr. Sabeti said, "The tyPe
of housing is not really in sync what is needed and what is appropriate for the
condominiums of this type and really, we do not provide a benefit by having the two (2)
car garages." J
In regard to Item Number (5) of Se ion 20-34. (d), Mr. Sabeti spoke to the City Attome~
Anthony A. Garganese for ClarifiCa~On of this Item, In discussing carports, Mr. Sabetl
said, "It allows for them to also ha e some storage but. forces th~ to use that spa:e f~r
parking their cars and> therefore, wo ld be a better solutlon than a smgle car garage In thiS
type of a condominium type of a 'lng,,,
SO'd
n::"s t'C'Z wt'
lZ"S t'C'Z "Ot'
8t':11 SOOc-St-8n~
........"""
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OMJ'T UNAPPROVED MINUTES
BOAJU) OF A.l)JUS'tMl:NT~lJy
REGULAR MEETING - JUI.. Y 21,2005 !/l u.,~
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Mr. Sabeti added, ''The type 0 a oarpon that we have - would indeed be much more
suitable for units thaI a.re the si e that these are, one thousand (1,000) to twelve h4I1dred
(1,200) square feet with a three ( ) stacked condominium tyPe ofa setting,"
Mr. Sabeti displayed photograph and the Site plan.
Tape: IISidc E
With discussion on [he Site PI . Mr. Sabeti said, "This Plan has not been resubmitted
back to the City yet, but there w nor enough of - storage for cars and our engineer has
made a change to accommodate couple of cars."
Mr. Sabeti said, "In conclusion the four (4) Items of the impracticality and illogicality
and unreasonableness and impo sibility - do apply in this type of a situation with the
complex that we have proposed, d we feel that provision of the one (1) caJport per unit
and then providing the rest of th as open spaces indeed is the best that we can do to
accommodate the 'Item' that is i the [City] Code, and we respectfully request for your
approval of the Waiver Request."
Chairman Waters asked Mr. Sab i, "How many total spaces will you have per unit - one
(1) covered and one (1) open pe unit?" Mr. Sabeti said, "That's correct." Mr. Sabeti
added, "There ( are] eighty-four u its (84) and - about one hundred and sixty-eight (168)
spaces that are provided." Cha' an Waters asked, 'l1ow much are these going to sell
for?" Mr. Sabeti said, "The 0 (2) bedroom units would probably - around One
Hundred and Eighty Thousand D llars ($180,000.00) and the three (3) bedroom units _
One Hundred and Ninety Thousan [Dollars] to One Hundred and Ninety Five Thousand
[Dollars] ($190,000.00 to $195,00 .00)."
Board Member Howard Casman ked, uHow many of the eighty-four (84) units - will be
owner occupied?" Mr. Sabeti sai "IfI were to be selling them today. I would say - zero
(0) investors."
Discussion ensued.
Mr. Baker said, "1 know that the [ ityJ Manager [Ronald W. McLemore) has a vision for
the Village concept that Mr. Sabe did mention and he wants to come in with a new set
of rules for that area to create a w kable, livable downtown that will emulate the better
features we find in the Town Cent ."
With further discussion, Mr. Sabe . said, "The Staff wanted to send me in a direction
where we would not have gates an I think in the long run that might be a feasible thing
but I insisted that without gates we I e not going to have a viable project."
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BOAJU) Or: ",OJUSTMENT
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Mr. Saberi added, "Having it' alled' was important to us and having it 'Gated' w f . J(]./
important and also providing the e of amenities with the fountain and the fitness center Y
and the fitness path and so on, 1 kind of went together and we are also providing the
buffer - you asked the questi n regarding the wethmds 10 the north that we have
preserved in order to provide an dditional buffer."
Mr. Sabeti said, "We are hopi that we can stay positive and move forward with a
Waiver - City Commission, and 0 with what is marketable and would work. If it does
not work, then we really need to 0 back and see what our options are potentially take the
two (2) other options that you th ughr of and also Mr. Baker - see where we go. But, I
think that making them all two ( ) car garages is probably not the approa.ch that we will
take."
Chainnan Waters asked, "Would au go for one (1) garage per facility?" Mr. Sabeti said,
"It is certainly possible to do that if your recommendation is going to be that. Ir would
not r~uire a major site plan ch e for us. And. we certainly can do that. It is not our
preference to do that but if that is could potentially be plausible to do, because it would
nor rake any more spaceJ we can ove forward with tbe project as we have it and move
on."
Chairman Waters asked Mr. Sabe~. "Would Metropolis [Homes) manage this or will you
sell it to someone else to manage II Mr. Sabeti said, UNo. We are just going to sell the
individual condominium units an provide the warranties to the individual unit owners
and we have a management com any that is going to be doing the management of the
condominium complex." Board ember Kathryn Fairchild asked, "Will you eventually
tum it over to the homeowner ". T' Mr. Sabeti said, (f. ..Absolutely. There are
provisions in our condominium do ument9 that they would be turned over,"
Discussion ensued on an OrdinanC1 for condominiums.
Vice Chairman Jack Taylor said, "1 believe he [Mr. Sabeti) has met the minimum Criteria
with his proposal!' Discussion, ~ice Chairman Taylor added. "We need to look at - the
condo [miniumJ use and come up with an Ordinance that regulates the condo [minium]
use." Board Member Fairchild sai , "I agree,"
"I MAKE A MOTION TO A PROVE THE SUBJECT WAIVER REQUEST
PROVIDING THAT THE A PLICANT PROVIDES ONE (1) COVERED
PARKING SPACE AND ONE ( ) OPEN PARKING SPACE AS PROPOSED TO
THE BOARD OF ADJUSTME T ON TODAY'S DATE (JULY 21, :lOOS) PER
RESIDENTIAL UNIT FOR T E PROPOSED EIGHTY-FOUR (84) UNITS."
MOTION BY VICE CHAIRM TAYLOR. SECONDED BY BOARD MEMBER
FAIRCHILD. DISCUSSION.
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AUG-15-2005 11:48
407 324 5731
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VOTE:
BOARDMEMBERFAlRCHILD: AYE
CHAlRMANWATERS: NAY
BOARD MEMBER COLLINS: AYE
BOARD MEMBER CASMAN: NAY
~CEC~ANTAYLOR~ ^YE
MOTION CARRIED.
600. REPORTS
407 324 5731 P.08
CliY OF WINTER SllRINGS, FLORJDA
DRAITUNAPPROVEO MINUTES
SOARD OF ADJl1STMENT
RECl.ll..AR MEETING - JUt y ~ 1, 200S
i'A.OE' OH
fft;rf
For clarification on a p~vious "Recommendation" pr cedure, Vice Chairman Taylor
said, "Could we -also into tonight's Minutes that we need answers to these two (2)
questions that did not get answered from the last Mriet" g we had." Mr. Baker said, "I
will get those in the mail to you this week."
Discussion ensued on Robert's Rules of Order proced res and other previous Agenda
Items.
Further discussion ensued on "Waiver Application" fees.
FUTURE AGENDA ITEMS
None.
ADJOURNMENT
"I MAKE A MOTION WE ADJOURN." MOT ON BY VICE CHAIRMAN
T AYLOR. SECONDED BY BOARD MEMBER AIRCHILD. DISCUSSION.
WITH CONSENSUS OF THE BOARD THE MOTI N WAS APPROVED.
MOTI()N CARRIED.
Chainnan Waters adjourned the Meeting at approximate} 8:32 p.m.
0(";1" j
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AUG-15-2005 11:48
6e' d. ltHOl
407 324 5731
RESPECTFULLY SUBMITI'ED:
JOAN L. BROWN
DEPUTY CITY CLERK
DEBBIE FRANKLIN
DEPUTY CITY CLERK
APPROVED:
~~dv
THOMAS WATERS
CHAlRMANI BOARD OF ADJUSTMENT
NOTE: These Minuu;s ""ert lpprovullllhe
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DRAFT UNAPPROVED ~.(I}JUrES
80AP.D OF ADJUSTMENT
R..ECULAR MfETTNO - JUL '121, ~OOS
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TOTAL P.09