HomeMy WebLinkAbout2005 10 24 Public Hearing 400
CITY COMMISSION
AGENDA
ITEM 400
CONSENT
INFORMATIONAL
PUBLIC HEARING X
REGULAR
10/24/05
Meeting
MGR. ~ !DEPT
Authorization
REQUEST: The Community Development Department requests the City Commission hear a
request for a variance by Barry J. Janvrin from Section 20-186 ofthe City Code of Ordinances,
to encroach 18 feet into the 25 foot rear yard building setback, to construct an addition to the
rear ofthe house.
PURPOSE: The purpose of this agenda item is to consider a request by Mr. Janvrin for a
variance from the requirements of Section 20-186 of the City Code of Ordinances to
encroaching 18 feet into the 25 foot rear yard building setback at 203 Sweetgum Court (Lot 12,
Block D, North Orlando Terrace Section 8 of Unit 2, depicted in Plat Book 18, Pages 9-10 of
the Public Records of Seminole County, Florida). Mr. Janvrin states that adding on to the rear
of the house is the most practical and logical place, given the shape of the lot and location of
the pool.
APPLICABLE CODE:
Sec. 6-2. Compliance with Chapter.
Sec. 20-32. Variances.
Sec. 20-82. Duties and powers; general.
Sec. 20-103. Restrictions upon lands, buildings and structures.
Sec. 20-186. Front, rear, and side yard regulations.
October 24, 2005
Public Hearing Item 400
Page 2
CHRONOLOGY:
August 26, 2005 - Variance application was received by City.
October 6, 2005 - BOA recommended the variance request be denied
FINDINGS:
1) The site is located within the R-l zoning district and has a Medium Density
Residential Future Land Use designation.
2) The required rear yard building setback is 25 feet.
3) The applicant requested a variance to encroach 18 feet into the 25 foot rear
building setback, to within 7 feet of the rear property line.
4) A variance requires compliance with all six (6) criteria outlined in Code
Section 20-32 (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 building involved and which are not applicable to
other lands, buildings or structures in the same zoning district;
There is nothing peculiar to this land, structure, or building which is
not applicable likewise within the same zoning district.
b) that literal interpretation ofthis 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 and undue
hardship on the applicant;
A literal interpretation of this chapter would not deprive the applicant
of rights commonly enjoyed by other properties within the R-l zoning
district and would not result in an unnecessary hardship on the
applicant..
c) that the special conditions and circumstances referred to in subsection
(d) (1) of this section do not result :from the actions of the applicant;
The shape of the lot (please see applicant's narrative) was not a result
of the applicant, but the request and wish to build in the rear yard
building setback is. Staff does not believe that this is such an
irregularly shaped lot that it is unusual or unique within the City or
within the R-l zoning district.
d) That approval of 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;
October 24, 2005
Public Hearing Item 400
Page 3
Approval would confer on the applicant special privileges that are
denied to other lands, buildings, or structures in the R-l zoning district.
e) that the requested variance is the minimum variance from this chapter
necessary to make possible the reasonable use of the land, building or
structure.; and
The variance is not the minimum necessary to make possible the
reasonable use of the building or land.
f) that approval 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.
Granting the variance would not be in harmony with the intent or
purpose of the regulations.
5) 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 RECOMMENDATION:
At its regularly scheduled meeting of October 6,2005, the BOA recommended the variance
request be denied.
RECOMMENDATION:
The Board of Adjustment and staff recommend the City Commission deny the variance
request.
CITY COMMISSION ACTION:
ATTACHMENTS:
A - Location map and plot plan
B - Variance application and supporting documentation
C - Draft BOA minutes
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NOTES:
Municipal Address Map Book
PRINTED: REVISED:
Apr 2005 1:
City of Winter Springs, FL
o 200
1"1 - ..,; ..,_
400
, Feet
2:
3:
ap
Page
Developed By: Southeastern Surveying & Mapping Corp.
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RADIUS a T \
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BOUNDARY SURVEY
DESCRIPTION:
LOT 12, BLOCK .. DH, NORTH ORLANDO TERRACE SEcnON 8
OF UNIT 2, AS RECORDED IN PLAT BOOK 18, PAGES
9-10, PUBLIC RECORDS OF SEMINOLE COUNTY, FLORIDA
CERnFlED TO: I HEREBY CERnFY:
BARRY L JANVRIN
APRIL S. JANVRIN
THAT THIS SURVEY MEF:TS THE
MINIMUM TECHNICAL STANDARDS
SIT FORTH BY THE FLORIDA
BOARD OF LAND SURVEYORS IN
CHAPTER 61 G 17 - 6, FLORIDA
ADMINlSTA77VE CODE.
UNIVERSAL LAND rR CENTRAL FLORIDA
-rr C' '''----'''''/' ,........ I _ CONSULnNG SURVEYORS
n,u:., INC. _ -'->I v-- '\ 961 E. ALTAMONTE DRIVE
COMMONWEALTH LAND nTLE THOMAs J. BIGLEY I ALTAMONTE SPRINGS, FL
INSURANCE COMPANY FL REG LAND SURVEYOR /4887 32701 (407) 767-0166
NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER
LEGEND
CONe
R/W
PC
.,. CONCRETE
.,. RIGHT-OF-WAY
== POINT OF
CURVATURE
CurVtr Nt.II'tbtrr 1
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.,. SET 5/8"
IRON ROO /4887
Radlus- 50.00'
DI!'ITA= 38'30'09"
Arc: 33.6lJ'
TAngenT" 17.46'
Chord= 32.97'
Chord J1rg.= N.27"44'53'V.
NORTH AMERICAN
MORTGAGE COMPANY
L
NOTES :
1. BeARINGS BASED ON THE
E. UNE OF LOT 12
AS SHOWN
2. UNDERGROUND IMPROVE-
MENTS NOT LOCATED.
3. SUBJECT TO CASEMENTS
AND RESTRICOONS OF
RECORD.
4. SUBJECT PROPERTY UES
IN ZONE -C- (AREA OF
MINIUAL FLOODINe) PER
FLOOD INSURANCE RATE
MAP PANEL NUMBER
120295 0135 E,
DATED 4/17/95.
5. DATE OF AELD SURVEY:
10/21/97.
DATE:
SCALE:
JOB NO.
10/21/97
1" = 30'
97-302.20
LEGAl DE6CRIPTION:
LOT 12, BLOCK "0- NOR'IlI ORLANDO i~ eecTJON 8
OF &.NT 2, A6 RECORDED IN PLAT BOOK 18, PAGEe
9-10, F\I9UC RECORC6 OF 6EM1NOLE COUNTY, PL..OR1D4
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ATTACHMENT B
CITY OF WINTER SPRINGS
COMMUNITY DEVELOPMENT DEPARTMENT
1126 STATE ROAD 434
WINTER SPRINGS, FL 32708
407-327-5967
FAX:407-327-6695
;::)OOS:;J.5(c
BOARD OF ADJUSTMENT APPLICATION
o SPECIAL EXCEPTION
I;( VARIANCE
o CONDITIONAL USE
o APPEAL OF AN ADMINISTRATIVE DECISION
APPLICANT:
MAILING ADDRESS:
PHONE:
'\JOrW(l\(\ bo('r~
Last First
t9u1 ~~~+~l lry! cJ-.
\.u, ~ r 2QC'\ ~S 1- \
City.. I State
t{U]- QlO-&()OOL-
.
.~
Middle
3a-1Cf<
Zip Code
PROPERTY OWNER:
If Applicant does NOT own the property:
MAILING ADDRESS:
PHONE:
Last
First
Middle
City
State
Zip Code
This request is for the property described below:
PROPERTY ADDRESS: i;)Qs .~W~Q~Um c..+. tVI'oto.rCprl'nqs tI3~1Qf' I
TAX PARCEL NUMBER: Lot \~, 6\~ J10il 100r-~ tJr'a\l~O\QffQC~ SQ.C\}(Of\yotUrn t~
I
SIZE OF PARCEL:
Square Feet Acres
Current FUTURE LAND USE CIas,;fic,tion ~~ IdlS'r\ \0 \ /I1l)/( (:1. (. - 9. 17 J..;........ )
Current ZONING Classification: ~CL.5\do D\:~ \ 7? -I
Please state YOUR REQUEST: '7u+ on om i + i a} ()(l in ~
QX\.J\;~ ~ .:SQ LXlf\ ~~.eJ {tom \(.hQ. ~1qkQ~ ,
s::e..c 2-0-ti'(, F,_", r~A;t 2 S:,k '1-~ rf,)....J...,.~-.s
( -z) r'C~
April 30, 2004
"
;
The APPLICANT IS RESPONSIBLE for posting the blue notice card 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.
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 variance, special exception or conditional use which may be granted by the city council 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
six-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 variances, special
exceptions or conditional uses has not been issued prior to expiration of such time limit.
Winter Springs Code of Ordinances, Section 20-83 (h)
THE FOllOWING ITEMS ARE TO BE SUPPLIED WITH THIS APPLICATION:
o A copy of the most recent SURVEY of the subject property.
D A copy of the LEGAL DESCRIPTION.
D 11 x 17 MAP showing ADJACENT STREETS and
D JUSTIFICATION for the Request (See Attached List)
D NAMES and ADDRESSES of each property owner within 150 ft. of each property line,
D Notarized AUTHORIZATION of the Owner,
IF the Applicant is other than the Owner or Attorney for the Owner (see below).
D 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 / GENERAL PERMIT
VARIANCE
APPEAL OF AN ADMINISTRATIVE DECISION
$ 500
$ 500
$ 500
TOTAL DUE
""'D." Ol..)
$,/ v
2
April 30, 2004
**************************************************************************************
FOR USE WHEN APPLICANT IS OWNER OF THE SUBJECT PROPERTY:
This is to certify that I am the Owner in fee simple of subject lands described within this Application for
Board of Adjustment co 1 ration:
v
Personally Known
Produced Identification:
(Type)
Did take an Oath
Did Not take and Oath
tJ~~
Notary Public
My Commission expires:
.J CU1. 4(lV'-1 ~ ( ~Oog'
TERESA L MATEKA
MY COMMISSION # DO 279034
EXPIRES: Janual)' 8, 2008
BOl1dad thru Notary PobIlC UndtIwrlteI1
Sworn ~ and subscriQed before me this
;z'3.e-. day of '--4-u.g uS}- 20 05 .
**************************************************************************************
FOR USE WHEN APPLICANT IS NOT OWNER OF THE SUBJECT 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 subscri,bed before me this
day of 20_.
Notary Public
My Commission expires:
Personally Known
Produced ID: (Type)
Did take an Oath
Did Not take and Oath
**************************************************************************************
3
April 30, 2004
i,
WI
VARIANCE REQUEST
Taken from Winter Springs Code of Ordinances, Section 9-5 & Section 20-82(c).
Addres~ each of the following conditions related to the variance request. Attach
additional paper as necessary:
o What is the Variance you are requesting? ~ 1+- 0(\ oAc\~ fi('"Y) m 1<)
1110.- hOU~Q~1 ~ -<) LV l+h lfl P1 fQQ+ fram c{he,
-\Q(lrQ \ (n~i (J6~O~ of QS ..red '-
o What 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?
--r-h> . Jo+ [,'2 f~ flhO{flJ ()nO 40 QY.,s-{iJj (VflJe- IS
~~~~~~ ~~;A-:~;; ~~:t~;'i~'b~
.b QX~n-%lCL- Q..-XI5fl(\% 6 rro1\'S. ,
o Are these special conditions and circumstances the result of actions by the
applicant?
100
o How will a Ijteral interpretation of the provisions of the zoning district deprive the
applicant of rights commonly enjoyed by other properties in the same zoning district and
work unnecessary hardship on the applicant?
f)~r \~ I~ ,*,Q f\Rjtbsl--ncA ora I\~ 0.5-. odd1lf &up~
A \fj2) ~~5 LJ) \ \ \ h<L\ P ~l ~ ~e, lcn l~ . rJlcrL up io ~,
QJ ~r mH6 01'0 alSo ~\flg upOo.-hJ3,4o.fl',ht--
'cr'<W~IDp'r-\lf Vall(~
4
April 30, 2004
~'
o Will granting the variance, confer any special privilege that is denied to other lands,
buildings or structures in the same zoning district?
10C) icfu(L(Q ,or~ olliQ.r 'rone,~ \f\ ~~ ru"t'otrh::rx3
l.l')\~ oddl+\a)~- .
o Is the variance as requested, the minimum variance that will make possible the
reasonable use of the land, building or structure?
-lfE" S
o How is the variance in harmony with the general intent and purpose of the zoning
district?
--fr\C /cO'\Q --' \ '2> \'Q})~dQ f'f (e-I ( Qf)c\ ~*~ ~ hr,tno ,--ttl <; \ <; s-hlL
n.. f'9--t~\C)Qf\CO--,..~0rt\)QI.\u\ \D\ue (L)\lt ~Up
o Will granting the variance be injurious to the neighborhood or otherwise detrimental
to the public welfare?
NO
o Identify how the request is consistent with the objectives and policies of the
Comprehensive Plan: .
5
April 30, 2004
ATTACHMENT C
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CITY 0
D UNAPPROVED MINUTES
B AM OF ADJUSTMENT
REGULAR MEETING
OCTOBER 6, 2005
CALL TO ORDER
The Board of Adjustment Re ar Meeting of Thursday, October 6, 200S was called to
order at 7:02 p.m. by Qiairm Thomas Waters in the Commission Chambers of the
Municipal Building (City Hall 1126 East State Road 434) Winter Springs, Florida
32708).
Roll Call:
Chainnan Thomas Waters, pres r
Vice Chairman Jack Taylor, abse t
Board Member Linda Collins, pr sent
Board Member Kathryn Fairchil present
Board Member Howard Casman, resent
the Pledge of Allegiance.
PUBLIC INPUT
No one spoke,
CONSENT AGENDA
CONSENT
200. Office Of The City Clerk
Ap roval Of The Ju.ly 21, 100S gular Meeting Minutes.
CHAIRMAN W AYERS SAID, , APPROV At OF THE MINUTES OF OUR JULY
[10OS} MEETING."
uI MAKE A MOTION TO AP ROVE THE MINUTES!' MOTION BY BOARD
MEMBER FAIRCHILD. S CONDED BY BOARD MEMBER COLLINS.
DISCUSSION.
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VOTE:
BOARD MEMBER. CAS : AYE
CHAIRMANWATERS: AY
BOARDMEMBERFAlRCH D: AYE
BOARD MEMBER COLLIN : AYE
MOTION CARRIED.
Cll"Y OF WlN1'l!R. SPJUNGS, FT..Q.JUOA ~
DRAfT tJNAPPRiOVE~ M rN1.I'TES \.f-:::&/
80AJU) ~ AD11JSTMl':l'fT
RECiU~ MCETlNCi - OCTOBaR 6;'2005
Jl^OE top s
IN.FORMA.TlO~AL
300. Office or The City At ey
Review Of ParUamtDtary Pro dures For Advi&ory Boards.
ttP
Ms. Kate Latorre, Assistant City ttorney presented this Agenda Item.
Discussion ensued on "Proced
PUBLIC HEARINGS AG NDA
pt,JBLIC HE:AlUNGS
400. Community Deve10pme t Department
Requests The Board Of Adjaas ent Hear A Request For A Variance By Barry J.
Janvrin From Section 20-186. f Tbe City Code Of OrdinaDces, To Encroacb 18
(Eighteen) Feet Into The ZS "ellty-Five) Foot Rear Yard Building Setback, To
Construct All Addition To The ear Of The House.
Mr. John Baker, AlCP, Senior PI er, Community Development Department spoke on
this Agenda Item and displayed th Zoning Map to the Board Members.
Mr. Baker said, "Staff did not d the request to be consistent with any of the six (6)
Variance Criteria set forth in Seeti n 20-32."
Discussion.
Mr. Barry Janvrin, 203 Swettgu COurt, Winter Springs, Florida: spoke to the Board
Members regarding his request for Variance,
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CITY OF WJNTER ~s.. FLORJPA ,.?;;)
DRAlTVNAl7'-O'VGQ MINlJ]:ES ([;
IOMl) OF ADJUSTMENT
R.EQULAR MEETlNO - OCTOBER 6, 200'
PAGe, OF $
"I MAKE A MOTION. WE DISAPPROVE THE APPLICANT'S REQUEST FOR
A VARIANCE - TO GO WITHIN TWENTY FIVE FEET (25') OF TID:
PROPERTY LINE." MOT ON BY BOARD MEMBER CASMAN. SECONDED
BY BOARD MEMBER F CHILD. DISCUSSION.
CHAIRMAN WATERS RE TERATED, "THE MOTION IS TO RECOMMEND
TO THE CITY CO:MMI SION TO DENY THE REQUEST FOR THE
VARIANCE." BOARD ME ER CASMAN SAID, uYES."
VOTE;
BOARD MEMBER COLLIN : AYE
CHAIRMAN W ATEltS: A
BOARD MEMBER. FAlRCR D: AYE
BOARD MEMBER CAS ~ AYE
MOnON CARRIED.
Mr. Baker said, "I'm going r attempt to put this on the October 24tb [2005J City
Commission Agenda."
T~!>C lISide a.
ptrBLJC HEARJNCS
401. Community DevelopDle t Department
Present! To The Board Of Ad Qstment A Request Fot A Conditional Use To Allow
Some Major Automotive Se e, Paint, Body, Restoration, And Repair Shop With
Welding Operations In The -1 (Light IudustriaJ) Zoning D(striet, At 240 Old
Sanford-Qviedo Road, Pur.!1la t To Section 20-161. Of The ZoniDg Chapter or The
City Code Of OrdiDaDce.!.
Mr. John Baker discussed this A enda Item.
Mr. Baker stated, HI would note e (1) typo - I caught on the cover. Instead of Section
20-83" it is [Section] 20-33., w ich is also Conditional Uses." Mr. Baker said, "They
satisfied our Staff revi~w. The uildmg Official will require them 10 have a separate
building permit for their paint bo tho The Fire Marshal will have a number of criteria for
them for their Occupational Lie se - Staff has looked at this and feels that this is an
appropriate 'Use' in the I-I Zoni g District &[ this location." Mr, Baker added, "We are
recommending approval."
I
Mr. Roben Gebaide. Attorney, aleer & Hostetler UP. 200 South Orange Avenue,
Orlando, Florida: spoke briefly r garding th.e 'Conditional Use'.
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Mr, Al Kamhi. Ptesident and General Manager. Blue Moon M010r3PO,.t.s~ 749 Fleet.
Finahcial Court, Longwood, forMa: addressed the Board Members re8arding his
Request.
CITY OF Wllirat $PRJNGS. FLORlOA
DRAFT VNt\Pl"R.OVED MINl1,TE.S
BO~ O';AOJ(JS~NT
R80Ul..A.R. MSBllNG - OCTOBeR 6. ~OO$
p^CCi 4 OF S
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Mr. Kamhi said, "We do not us any toxic chemicals. We take rare metal and We bend it,
we weld it together - we have our product." Mr. Kamhi stated, 'The small building
would be used for that manuf] cturing." Mr, Kamhi said, "In the primary building _
would be split into two (2) areas One is what we call body and finishing and the other is
technical mechanical The bod and finishing will consist of two (2) paint systems. A
paint mixing room is all comp terized, the storage areas and prep and work stations."
Mr. Kamhi said, "Each of thes are aU contained within a single shell. Each element
completely fire suppressed, co pletely vented and completely five (5) hour fire safe."
Mr. Kamhi added, "We also hav acquired the only paint booth in the world that pUts out
particulate free exhaust." Mr. K i said, ul am extremely conscience of environmental
issues,'. Mr. Kamhi stated)" e have chosen fools that are - below the seventy (70)
decimal level. We do not need e protection,"
Mr, Kamhi displayed one of s products to the Board Members and stated, "We
machine all of our own parts and e bave suppliers that provide us finished products."
Discussion.
M,.. DO)lid E. Axel, Axel Real &1 te, Inc., J 757 West Broadway, Suite /. Oviedo, Florida:
spoke briefly on the property.
Chainnan Waters asked, "You e buying the property?" Mr. Kamhi said, "We are
looking to buy the property. Y ." Chairman Waters said, "You are there for the long
term?" Mr, Kamhi 6aid, "Absolu ly."
ON THAT WE APPROVE ITEM NUMBER (401)
BLUE MOON MOTORSPORTS TO OPERATE
lION BY BOARD MEMBER FAIRCHILD,
ER CASMAN. DISCUSSION.
"I'D LIKE TO MAKE A MO
ON THE AGENDA TO AtLO
IN THAT FACILI1Y."
SECONDED BY BOARD .ME
VOTE:
BOARD MEMBER COLLINS: AYE
BOARD MEMBERCASMAN: YE
BOARD MEMBER FAIRCHIL : AYE
CHAIRMANWATERS= AYE
MOTION CAR.R.IED.
Chairman Waters said, "We sending on to the City Commission for a
recommendation to approve your equest for ~ Conditional Use - they have the final say
on this."
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REPORTS
CnYOFWlNTER.SPRtNGS, FLO~DA
DkAFT \!NAP, .ROVED MJro,11.TeS
aOAJItD OFADJU~ENT
REGULAR. MEEl1Nc - octOB9. 6. 200S
. 'AOS'O.@
Discussion ensued on previous enda Items.
FUTURE AGENDA ITE
None.
ADJOURNMENT
leI MAKE A MOTION W ADJO URN. tl MOTION BY BOARD MEMBER
FAIRCHILD. SECONDED B BOARD MEMBER COLLINS. DISCUSSION.
VOTE:
BOARD MEMBER COLLIN : AYE
BOARD MEMBER CASMAN AYE
CHAlRMANWATER.S: AY
BOARD MEMBER FAlRC
MOTION CARRIED.
Chairman Waters adjourned the eeting at approximately 8: 19 p.m.
RESPECTFULLY SUBMITTED:
JOAN L, BROWN
DEPUTY CITY CLERK
APPROVED:
d
THO AS WATERS
CHAIRMAN, BOARD OF AD TMENT
NOTE: These Mirll.llO& wt.Tt' appro"~ at \he Re!ullU" Board Of Adjll.lment Mcellnp,.
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