The URL can be used to link to this page

Home My WebLink About2002 06 10 Regular M St. John's River Water Management District 061002 Regular M Miller Variance COMMISSION AGENDA ITEM M Consent Informational Public Hearing Regular X June 10, 2002 Meeting Mgr. r--- / Dept. Authorization REQUEST: Commissioner McLeod requesting the City Commission reconsider its decision regarding a variance on an II-inch deck and screen pool enclosure encroachment into a recorded drainage easement located at 703 Palencia Court in Seville Chase. PURPOSE: This agenda item is needed to determine if the Commission wishes to change its decision denying the variance based upon new information from the St. John's River Water Management District. CONSIDERA TIONS: On January 14,2002 the Commission considered a variance request of Rick and Laura Miller for a variance from the requirements of Section 6-4 of the City Code of Ordinances to allow a newly constructed pool deck and screen enclosure to remain extending 11 inches into a 20-foot wide drainage easement. Based upon the information provided and staffs recommendation the Commission voted to deny the variance and to instruct the Miler's to remove that portion of the pool from the easement. On February 28, 2002 Steven Felices, President of Sunrise Pools provided the city with a letter from the St. John's River Water Management District stating that the district has determined that the minor encroachment of the pool deck into the drainage easement will not interfere with its function. Therefore, no corrective action is required. STAFF ANALYSIS: The issue in this case is not the functioning of the easement or the city's access being restricted by the encroachment, the issue is as follows: 1. Since the encroachment was self imposed it does not qualify for a variance under the city code. 2. The encroachment violates the city code. 061002 Regular M Miller Variance 3. Any action taken by the City Commission needs to make it clear that there are severe consequences for violating the code. 4. If the Commission elects to allow the structure to remain, the subject portion of the easement should be vacated and applicable fees set forth in resolution No. 2001-45 paid. In addition, the Commission may wish to impose a fine for constructing in the designated easement. FUNDING: Not applicable. RECOMMENDATION: The following is recommended to the Commission: 1. Determine if the Commission desires to reconsider the variance. 2. Ifso, review the record of this matter and determine if you would like to take action to sustain the prior decision or take an alternative action. If the Commission decides upon an alternative action, staff recommends vacation of the portion of the easement affected and the imposition of a substantial fine due to the finding that the facts of this matter do not support the issuance of a variance. ATTACHMENTS: a) Commissioner McLeod letter of May 20, 2002 b) 8t. John's Water Management district letter of February 28, 2002 c) City Manager memo of May 15,2002 d) January 14,2002 Agenda Item K COMMISSION ACTION: 05(2Q/2002 13~~8 FAX 4076795655 AIR-PAK 141001 CITY OFWINTERSPRINGS, FLORIDA ~ 1126 EAST STATE ROAD 434 WINTER SPRINGS. FLORIDA 32706-2799 Telephone (407) 227-1609 , David W. McLeod Commiss,ioner May 20, 2002 City of Winter Springs, Florida Attn: Ron McLemore, City Manager 1126 East State Road 434 Winter Springs, FL 32708-2799 Re: Variance Denial Mr & Mrs Miller, Contractor Sunrise Pool & Spas, Inc., Location: Seville Chase, Lot 97. With regard to the matter of variance denial as affects Rick and Laura Miller, and after reviewing the S1. Johns River Water Management District response, I request that this matter be brought before the Commission for reconsideration. '; erel'~~~ ~ ~, AVID W. McLEOD Commissioncl'" , ~ 141A02 Thursday" ""arch 14, 2002 1:14 PM To: JAN From: , 407-262-9335 Page: 2 of 2 St. Johns River Water Management District Kilby B, Green 1If, Executive Director. John R Wehle, Assistant Executive Director David Dowey, Altamonte Springs Service Center Dlreclor 975 Keller Road · Allamonte Springs, FL 32714-1618 · (407) 659-4800 February 28, 2002 Mr. Steven R. Felices, President Sunrise Pools & Spas 1319 Lake Drive Casselberry, FL 32707 Re: Seville Chase Subdivision, Lot 97, Permit No. 4-117~0435-ERP (22482) Pool and Pool Deck Construction-Drainage Easenlent Encroachment Dear Mr. Felices: Thank you for meeting with District staff on February 26, 2002 at your office to discuss the above-referenced project. It is the District's understanding that the recent construction of the southeast comer of the pool deck has encroached approximately 11 inches into the 20-foot drainage easement at the rear of tp.e property. Based on the information you have provided, the District has determined that the minor encroachment of the pool deck into the drainage easement will not interfere with ~ts function. Therefore, no corrective actions are 'required. ' Please be advised that the determination made in this letter is based on the information that you provided and as described herein. It is recommended that any future encroachment into drainage and/or conservation easements be immediately reported to the District to assure compliance with District permit requirements. If you have any questions, please contact me at (407) 659-4838. Sincerely, ~Q~ Susan Davis, Regulatory Sci~ntist Department of Water Resources cc: Willi~li~nth~ny Miner, PDS-CI Mr. and Mrs. Rick & ;Laura Miller, 703 Palenci Court, Winter Springs, FL 32708 ' . . I Ian Seldin, President, Board of Directors, Seville Chase HOA, c/o Sentry Management, 2180 State Ro~d 434 W, Suite 5000, Longwood, FL 32779-5044 QOVERNINQ BOARD Ometrlas D.l.ong, VICE CtWI\toWI R Clay Albtigh~ S€CAETAIIY 1oPOf'KA EAST LAKE WEIR William KelT t/ElBOUilIIE 6EACH Duatte Ottenslroer, ClWR/MH J./oCKSOIMu.E W. Mict.ael Brandl ftANM'OltlA.1lEACH Jeff K Jennings WJ1V.NO Ann T. Moore BUNNElL David G. Graham, TREASURER J./oCKSOIMllE Catherioo A. Walker AlTAMONTl: SPRINGS CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708-2799 Telephone (407) 327-1800 Ronald W. McLemore City Manager MEMORANDUM TO: Commissioner David McLeod Ron McLemore, City Manager ~/ FROM: DATE: May 15,2002 SUBJ: Variance Denial I have reviewed the St. Johns River Water Management District response to Sunrise Pools question regarding their client's II-inch pool encroachment into the drainage easement located at 703 Palencia Court in Seville Chase. You will recall that the Commission denied this encroachment and that you indicated a potential interest in bringing this matter back to the Commission. The District's comments represent new information that could have a bearing on the outcome of a new hearing on this matter. Therefore, if you would desire for the Commission to reconsider this matter based upon the District's comments please send me a letter requesting this matter to be reconsidered by the Commission. /jp U:\Docs\Word\Memos\May 2002\Sunrise Pools Encroachment.doc COMMISSION AGENDA ITEM K Consent Information Public Hearin Re ular x January 14. 2002 Meeting MGR. /Dept. REQUEST: The Community Development Department presents to the City Commission a request of Rick and Laura Miller for a variance from Section 6-4 of the City Code of Ordinances, which prohibits any part of the building or structure to be constructed in violation of an approved plan. PURPOSE: The purpose of this agenda item is to consider a request of Rick and Laura Miller for a variance from the requirements of Section 6-4 of the City Code of Ordinances to allow a newly constructed pool deck and screen enclosure to remain extending as much as 11 inches into a 20 foot wide drainage easement. The encroachment is in conflict with the approved plot plan as well as with the policy of not placing buildings or structures in recorded easements. APPLICABLE CODE: Sec. 6-4 Violations. Any person who shall violate a provISIon of this chapter or fail to comply herewith or with any of the requirements hereof, or who shall erect, construct, alter or repair, or has erected, constructed, or repaired a building or structure in violation of a detailed statement or plan submitted and approved hereunder, or of a permit or certificate issued hereunder, shall be guilty of a violation of this Code and shall be punished in accordance with section 1-15. 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 January 14, 2002 REGULAR AGENDA ITEM K Page 2 and duties: a. b. 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 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 terms 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. d. ..... January 14,2002 REGULAR AGENDA ITEM K Page 3 (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. Sec. 20-83. Procedures. (a) (h) Any variance, special exception or conditional use which may be granted by the city council [sic] shall expire six (6) months after the effective date of such action by the city commission, unless a building permit based upon and incorporating the variance, special exception or conditional use is obtained within the aforesaid six-month period. However, the city commission may renew such variance, special exception or conditional use for one (1) additional period of six (6) months, provided good cause is shown and the application for extension shall be filed with the board at least thirty (30) days prior to the expiration of the sic- month period, Any renewal may be granted without public hearing, however, a reapplication fee may be charged in an amount not to exceed the amount of the original application fee. It is intended that provisions contained within this subsection are to be retroactive to the extent that any variance, special exception or conditional use previously granted shall become void if a period of time in excess of twelve (12) months shall have lapsed, and a building permit based upon and incorporating the variance, special exception or conditional uses has not been issued prior to expiration of such time limit. CHRONOLOGY: June 12,2001 - Pool permit application approved per zoning requirements June 18, 2001 - Building permit issued for pool, deck, and screen enclosure September 19,2001 - Variance application received by City November 1,2001 - Board of Adjustment heard the request and recommended approval with a fine to be determined by the City Commision. FINDINGS: 1) The plot plan depicted the pool, pool deck, and easement correctly and was January 14,2002 _, REGULAR AGENDA ITEM K Page 4 therefore approved for a building permit. 2) The pool deck was constructed, encroaching as much as 11 inches into the 20 foot wide drainage easement. 3) The site has been posted and abutting property owners notified as required by Code. 4) The requirements of Subsection 20-82(1)c., for granting a variance, have not been met: . No 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; . The special conditions and circumstances result from the actions of the applicants and/or their contractor; . That granting the variance will confer on the applicant a special privilege that is denied by this chapter to other lands, buildings or structures in the same zoning district; . A literal interpretation of the provisions of this chapter would not deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this chapter and would work no unnecessary hardship on the applicants; . The variance is not the minimum variance that will make possible the reasonable use of the land, building or structure; and . The variance has not been demonstrated to be in harmony with the general intent and purpose of the Zoning Code, has not been demonstrated to not be injurious to the neighborhood, and has not been demonstrated to not be otherwise detrimental to the public welfare. BOARD OF ADJUSTMENT: At its regularly scheduled meeting of November 1, 2001, the City of Winter Springs Board of Adjustment heard the Millers' request for a variance and voted 3-0 to recommend approval, subject to a fine - the amount to be determined by the City Commission. RECOMMENDATION: January 14,2002 ,_ REGULAR AGENDA ITEM K Page 5 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. The request must be determined to be consistent with all six (6) criteria to receive a recommendation for approval. Staff does not find the request consistent with any ofthe six (6) criteria. The pool builder agrreed, at the BOA meeting, that the request did not meet ~ny of the criteria. In lieu of a variance, staff advises the City Commission to direct the applicant to consider the following alternatives: 1) Remove the encroaching portion of the deck and screen enclosure; or 2) Apply to vacate the occupied portion of the easement. (Staff would not support this second alternative). ATTACHMENTS: A - Legal Description B - Address Map C - Variance Application and associated materials D - Approved plot plan E - "As-Built" Survey F - Letter to property owners G - Section 1-15 of the code H - November 1, 2001 BOA Minutes COMMISSION ACTION: CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 14,2002 PAGE 29 OF 35 REGULAR ~~mP.m.~ll!tr~~~~!gp9.W,R..@"&R,a,.!i!m~ Recommending Denial Of Rick And Laura Miller's Request For A Variance From Section 6-4 Of The City Code Of Ordinances, Which Prohibits Any Part Of The Building Or Structure To Be Constructed In Violation Of An Approved Plan. Mr. Carrington and Mr. John Baker, AICP, Current Planning Coordinator, Community Development Department addressed the Commission and reviewed their recommendation that the City Commission deny this Variance application. A memo from City Engineer/Stormwater Manager Ms. Kimberley Hall was passed out by Mr. Carrington. Mr. Steve R. Felices, President, Sunrise Pools & Spas, Inc., 1319 Lake Drive, Casselberry,' Florida: presented information to the Commission. Discussion ensued on written text and comments written on building plans, permits, and surveys; and the easement involved in this situation. "I MAKE A MOTION THAT WE DENY THIS APPLICATION BASED ON THE FACT THAT THEY HAD AMPLE TIME TO TAKE CARE OF BUSINESS AND THE CITY BY THEIR OWN ADMISSION, THE CITY REPRESENT A TIVE SAYS THAT HIS WRITING INDICATES EXACTLY WHAT WENT DOWN, SO I MAKE A MOTION WE DENY THIS APPLICATION." MOTION BY COMMISSIONER MARTINEZ. SECONDED BY COMMISSIONER BLAKE. DISCUSSION. VOTE: DEPUTY MAYOR GENNELL: AYE COMMISSIONER MARTINEZ: AYE COMMISSIONER BLAKE: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED.. Mr. Felices asked, "So what's the next process, what do I have to do?" Mayor Partyka explained, "At this point in time you are going to have to correct it.- to go within the eleven inches (II") and somehow fix it up, modify it, do whatever, but you have to stay ,within the boundaries." REGULAR L. Community Development Department - Code Enforcement Division Requests The City Commission Provide Direction To Staff Regarding The Non- Conforming Use Of Recreational Vehicle Parking/Storage In The Dyson Drive CITY OF WINTER SPRINGS MINUTES CITY COMMISSION REGULAR MEETING - JANUARY 14,2002 PAGE 30 OF 35 Annexation Area And Set A Date, Time And Location For A Public Meeting On Annexation. Ms. Cook introduced this Agenda Item. Commissioner Blake inquired, "Aren't there some deed restrictions in Tuscawilla, this is Unit 1 Tuscawilla, that are even more restrictive than the County?" Commissioner Blake then said, "I think that is one of the areas we should look at." Discussion followed on possible options and grandfathering. ' Commissioner Blake suggested, "A better solution is to come up with some special zoning classification for properties of residential nature where they are shielded, where properties are over an acre in size" which he declared would be his recommendation. Discussion. "I WOULD LIKE TO MAKE A MOTION THA T WE ACCEPT THE ALTERNATE 2 AND GRANDFATHER THOSE THAT ARE THERE - AND IF THEY ANNEX INTO THE CITY THEY HA VE THIRTY (30) DAYS TO REGISTER WITH US THAT THEY HAVE A MOTOR COACH ON THEIR PREMISES, AND IF THEY DO, THEY BECOME GRANDFATHERED." MOTION BY COMMISSIONER McLEOD. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. "I MOVE THAT WE AMEND THAT MOTION, THAT THE NOTIFCATION INCLUDES THE 'VIN' NUMBER OF THE VEHICLE AND IT'S SPECIFIC TO THAT VEHICLE." MOTION BY DEPUTY MAYOR GENNELL. MOTION DIED FOR LACK OF A SECOND. Commissioner Martinez stated, "Point of Order" and spoke of extending the Meeting. "I'LL MOVE TO EXTEND." MOTION BY DEPUTY MAYOR GENNELL. SECONDED BY COMMISSIONER MARTINEZ. DISCUSSION. VOTE: (TO EXTEND THE MEETING) COMMISSIONER BLAKE: NAY COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR GENNELL: AYE COMMISSIONER McLEOD: AYE MOTION CARRIED. Attorney Garganese stated, "There are a couple of ways to handle this. One way is to grandfather in existing uses. The law is clear, that you can grandfather in existing uses to protect those existing uses to avoid harsh and unnecessary hardships. Another way to handle it is through a zoning law. You are going to have to zone this property sooner or later if it is annexed into the City, and you can create special zoning regulations for CITY OF WfNTER SPRfNGS MINUTES CITY COMMISSION REGULAR MEETING - JANUAR Y ] 4, 2002 PAGE31 OF 35 unique areas. If the lots are as large as Commissioner Blake stated, that may be the better way to do it, rather than grandfather in." Attorney Garganese added, "I recognize the hardship and I am not advocating to the Commission that you require these individuals or homeowners to get rid of their RV's once it is annexed. That would be, in my view, the wrong thing to do. I mean you need to provide them some relief. The question is - how to do it." Tape 4/Side A COMMISSIONER McLEOD STATED, "ZONING IS FINE TOO, BUT IF YOU'RE REALLY LOOKJNG TO BRING THEM IN, AND A COACH SEEMS TO BE SOME ISSUE HEIRE THEN I WOULD MAKE A WAY THAT - THEY CAN REPLACE THEIR COACH IN A FEW YEARS." DEPUTY MAYOR GENNELL SUGGESTED, "WE CAN GRANDFATHER THEM IN AND AT A LATER DATE ADDRESS THE ZONING, CAN WE NOT?" ATTORNEY GARGANESE STATED, "YES." VOTE: COMMISSIONER McLEOD: AYE COMMISSIONER BLAKE: NAY COMMISSIONER MARTINEZ: AYE DEPUTY MAYOR GENNELL: AYE MOTION CARRIED. Commissioner McLeod departed the Meeting at 11:39 p.m. Mayor Partyka suggested that the proposed Workshop identified in the Agenda Item be held at City Hall. This was agreeable with the City Commission. With further discussion, the Commission agreed to hold the Workshop at 7:00 p.m. on February 4th, 2002, at City Hall. ADD-ON REGULAR M. Office Of The City Manager Requesting The City Commission To Establish A Workshop Date To Explore The Feasibility Of Constructing A Paw (Dog) Park In The City And To Provide Direction To The Staff It Deems Appropriate. Manager McLemore introduced this Agenda Item and advised the Commission that "I have had some discussions with the County relative to the potential use of Jetta Point as a