HomeMy WebLinkAbout2003 01 21 Regular E Construct Screened Porch
COMMISSION AGENDA
ITEM E
CONSENT
INFORMATIONAL
PUBLIC HEARING
REGULAR X
02\
01/,14/03
Meeting
MGR. ~EPT ~
Authorization
REQUEST: The Community Development Department recommends denial of a request for
a variance by Neil and Michelle Staley from sections 6-2 and 20-103 of the City Code of
Ordinances, to encroach 10 feet into the 20 foot rear building setback to construct a screened
porch with an impervious roof at the rear of the house.
PURPOSE: The purpose of this agenda item is to consider a request of the Staleys for a
variance from the requirements of sections 6-2 and 20-103 of the City Code of Ordinances to
allow a screen porch to encroach 10 feet into the 20 foot rear building setback at 1547
Braewick Street (Lot 142, Fox Glen at Chelsea Parc, Tuscawilla Phase 2, depicted in Plat Book
55, Pages 37-39 of the Public Records of Seminole County, Florida). The applicable 20 foot
rear building setback is set forth on the final subdivision plat, cited above.
APPLICABLE CODE:
Sec. 6-2. Compliance with Chapter.
Sec. 20-82. Duties and powers; general.
Sec. 20-103. Restrictions upon lands, buildings and structures.
CHRONOLOGY:
November 15, 2002 - Variance application was received by City.
December 5, 2002- Board of Adjustment heard the request and voted 3-0 to recommend denial.
FINDINGS:
1) Lot No. 142, of Fox Glen at Chelsea Parc, Tuscawilla Phase 2, is within the
PUD zoning district (Tuscawilla PUD) Higher Density Residential Future
Land Use designation (9.1-12.0 D.U.lacre).
January 13, 2003
Regular Item E
Page 2
2) The required rear yard building setback is 20 feet, as set forth in Plat Book
55, pages 37 -39 of the Public Records of Seminole County.
3) The applicant requested a variance to encroach 10 feet into the 20 foot rear
building setback.
4) A variance requires compliance with all six (6) criteria outlined in Code
Section 20-82 (staff does not believe that the request meets any of the 6
criteria):
a) that special conditions and circumstances exist which are peculiar
to the land, structures or buildings involved and which are not
applicable to other lands, structures or buildings in the same
zoning district;
Neither the BOA nor staff believes there are any special conditions
and circumstances.
b) that special conditions and circumstances do not result from the
actions of the applicant;
The BOA and staff both believe that the applicants created their own
situation and that no special conditions and/or circumstances exist.
c) that granting the variance requested will not confer on the
applicant any special privilege that is denied by this chapter to
other lands, buildings or structures in the same zoning district;
The BOA and staff both believe that granting the variance would
confer special privileges upon the applicants.
d) that literal interpretation of the provisions of this chapter would
deprive the applicant of rights commonly enjoyed by other
properties in the same zoning district under the terms of this
chapter and would work unnecessary hardship on the applicant;
The BOA and staff both believe that a literal interpretation of the
provisions of this chapter do not deny the applicants of any rights and
does not work any hardship - much less an unnecessary hardship.
e) that the variance granted is the minimum variance that will make
possible the reasonable use of the land, building or structure.;
and
The BOA and staff both believe that there is already reasonable use
of the land, building or structure. Further, the applicant could opt for
a screen room with a screen (pervious) roof or reduce the size of the
proposed porch to meet the building setbacks.
January 13,2003
Regular Item E
Page 3
f) that the grant of the variance will be in harmony with the general
intent and purpose of this chapter, will not be injurious to the
neighborhood, or otherwise detrimental to the public welfare.
The BOA and staff both believe that to grant the variance would be
inconsistent with the intent and purpose of and undermine the code.
5) The Board of Adjustment, at its December 5, 2002, meeting, recommended
denial of the variance request.
6) Staff does not find that the request meets any of the 6 variance criteria set
forth in Chapter 20 of the City Code of Ordinances.
BOARD OF ADJUSTMENT:
At its regularly scheduled meeting of December 5, 2002, the City of Winter Springs Board of
Adjustment heard the Staleys' request for a variance and recommended denial.
RECOMMENDATION:
Neither the BOA nor staff found the variance request consistent with any of 6 criteria
necessary for granting a variance and both recommend denial of the request.
ATTACHMENTS:
A - Plot plan/"Land Description"
B - Photocopy from final subdivision plat
C - Variance application
D - Board of Adjustment Draft Minutes
E - Authorization for Florida Pool Enclosures to act as agent for variance request
F - Applicants' supporting documentation
COMMISSION ACTION:
Oct-ll-02 Oa:5~A. Stc:-'Iey ,Consult;ng
407 834 3370
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PLAT OF SURVEY
LOT,I42, FOX GLEN AT CHELSEA PARC, TUSCA'MLLA PHASE 2, ACCORDING TO THE PLAT THEREOF
AS RECORDED IN. PLAT BOOK 55 PAGES 37-39. OF THE PUB,UC RECORDS Of SEMINOlE COUNTY, fLORIDA.
CERTlflEO TO:
NEL STALEY, IAlCHElLE SlAm
FIRST HORIZON HOME LOAN CORP.
DIa/A SUNBELT 'MlOLESAlE
\\HltEloIARK AT FOX ClEN, LTD.
PEOPLE'S 1ST COMIolUNITY BANK
GRAHAM, CLARK, JONES, BUILDER, PRATT ~ IU,RKS
FIRST AMERICAN 11M INSURANCE COMPANY
ATTACHMENT A
LOT 141
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NOTE:
2. PROPERTY CORNERS SHOWN HEREON WERE
SET/F'OUND ON 11/22/99 UNLESS DlHERWlSE
SHOWN.
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2. NO \JNDEROHnu~ I"PRO\IC/"n,ns' YJ.~ BEEN
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= S:;AI. Of' A nORllA UCENSED SURVCItlR
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APPROYED B),; DO
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ATTACHMENT~:~
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'BOARD OF ADJUSTMENT APPLICATION
CITY OF HINTER SPRINGS
" 1126 'EAST STATE ROAD 434
:WINTER'SPRINGS. FL 32708-2799
(407)327-1800
FOR: SPECIAL EXCEPTION
.><. VA'RIANCE
'CONDITIONAL USE
ADMINISTRATIVE DECISION
' FI!-e..d LJ t,. t' +-.$ ~
1. APPLICANT: (lor<,lk.j)()()! EtvC/OS"-1e.eS ",' 'PHQNEt./()7-Z6o--28oo
ADDRES~: 9~7- ,J-/-i~k-()~.5+ A-l+~(. 5;J.e1~ ~L
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, PURPOSE OF REQUEST< ct.~ 20' se+b"cK. 11,,'1~'; If) .
71a.~:JLcl/L~t;t;, 1:e- ~= =h:;:.e~~11 ~OOIh ,~_ ----L..!J_c ol?~k
" \.sblTdReo~
3, ATTACH A COPX OF THE PARCEL SURVEY,
4,
ATTACH AN 11 x 17 MAP S~OHING THE SUBJECT PROPERTY AND
SURROUNDING PARCELS.
5,
ATTACH LEGAL'DESCRIPTION,
6,
TAX, PARCEL ~DENTIFicATION NtJMBE~i' 68- 2.1- 3" ~-:5 08:" Dooo- (42.0
, ,
,Addre~s 'andf6r ,:N~arest Cross
WJh.f-UL 'tn
8. PRESENT ZONING:
FtJTURE,LAND USE: .
By Signin9' below' I u'nderstand that Cityo.f Hinter Springs Officials
may ~nter up~n my property to inspec~ that portion, as relates to
this application:
.:~.
(If the applicant is not the, owner of the subject property, the
applicant must' attach, a letter of authorizatio~",llIIiiaDd by the
owner) , 1180,111"- '.,
}/e-i (E. 5+ Cl 'e.'I- " "0'1 ~ lt60t ,.~
OWNER-PLEASE TYPE " "
"j ',' eR SPRINGS
~ fl r~f) ': ClT'tO~~g-IoI""
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91-1 E -SIGN . URE, ,
PERSbNS ARE ADVISED THAT, IF THEY DECIDE TO APPEAL ANY,.'bECISIONS
MADE AT THESE MEETINGS/HEARINGS, THEY HILL NEED A ,RECORD OF THE
PROCEEDiNGS AND FOR SUCH PURPOSE, THEY WILL NEED TO INSURE THAT A
VERBATIM'RECORD OF rHE PROCEEDINGS IS MADE, 'AT'THEIR 'COST, WHICH
INCLUDES THE TESTIMONY AND ,EVIDENCE UPON WHICH THE APPEAL ~S TO BE,
BASED, PER SECTION 286,0105, FLORIDA STATUTES
SECTION 20-84 - APPEALS FROM DECI~IONS OF THE BOARD OF ADJUSTMENT
(1) Any person, or persons, jointly or severally aggrieved by
any decision of the Board' of Adjustment may, within thirty (30)
d~ys after th~ filing of any de~ision iri the office of the Board of
Adjustment, but not thereafter, apply to' the 'City Council for
administrative~~lief, After a ~earirig,before the City Council an
ag9'rieve4 party mai, within, thirty (30) days a(ter the decision of
the City Council" file an' appeal with ,a court of competent
jurisdiction over the subject malter..
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ATTACHMENT D3~ 1)~4M.1
CITY OF WINTEi:. SPR.INGS
M lNVTES
aOARD OF ...DJUS'tM~T
UOuv.~ MIiETnoIG - oteSMgeJl $, '001
PAGHO'F 7
VOTE:
VICE CHAIRMAN TAYLOR: AYE
CHAIRMAN WATERS: NAY
BOARD ME:\1BER DILLER: AYE
MOTION DID NOT CARRY.
BrieJ discussion fonowed regarding when the Agenda Item will be presented to the City
Commission; and possible repercussions from Code Enforc.ement.
MOTION BY BOARD MEMBER DILLER. "I WILL MA.J<.1: A MOTION THAt
\VE RECOMMEND THAT A CODE ENFORCEMENT ACTION BE DEFERREO
IN THIS SITUATION UNTIL THIS ITEM - HAS BEEN BROUGHT BEFORE
THE CITY COMMISSION." SECONDED BY VICE CHAIRMAN TAYLOR.
DISCUSSION.
VOTE:
CHAJ:RMANWATERS: AYE
BOARD MEM9ER. DU,LER: AYE
VICE CHAIRMAN T A nOR: AYE
MOTION CARRIED.
Mr. V/bitalcer asked about the procedure for obtaining Minutes, Mr. Baker said to Mr.
Whitaker, "If! can get your business card I will fax that to you."
REOVLAR
B. Request Of Neil E. Staley Represented By Fred Whitson Of Florida Pool
Enclosures For A Variance From Tbe Established 10-Foot Rear Set Back Building
Setback Lin.t: At Lot 142, Fox Gltl1 At Cbelsea Park, Tuscawilla Phau 2, 1547
Braewic,k Street, Wiuter Spring., Florida - A POO (planned Unit Development).
The Agenda Item was introduced by Mr. Baker who stated, "The applicant has not shown
us how he meets the six (6) criteria. Again, we certainly want to extend them the
opportunity to demonstrate that they do but we have not seen how they meet those six (6)
criteria," Mr, Baker reviewed the City of Winter Springs Code of Ordinances
requirements pertaining to enclosures. Brief discu.ssion,
Mr. Fred W11itsOJ1. Florida Pool Enclosures. 140 Ea!t Panama Road. Wimer Springs.
Florida: as the representative for the applicant) he addressed the Board regarding Jot and
slab placement; surrounding properties; presented a Jetter of approval from the
Architectural Control Boar~ and spoke of how the a.pplicant has met each of the six (6)
criteria.
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CITY or Wn-ITall SPRINOS
MINIJTES
"OARn Of' ~nrusTMt1'lT
R~L.~ MEETING - DEC~M9!Jt 5, 2002
PAOE 5 of ;
Mr. Neil Staley, J 547 Braewlck Street, Winter Springs, Flo),da: spoke of the intent of
the Architectural Control Board approval; and of his neighbor's support.
Discussion followed regarding the utility easemen.t; the owner having the slab extended
during original constrUction without the knowledge of setbacks or easements; and the
ownershjp of surrounding land.
Di.'Scussion.
Vice Chairman, Taylor spoke of difficulties seeing "Where you meet the six (6)
r~uirernen,ts. If you would like to come back up again and go back over them again I
lU]d be more than happy to listen to it. Because I see several tbat I don't believe you
eel" Adr1itionally said by Vice Chainnan Taylor was, "Vou sUted on the first one and I
v;mderstand the buHder built it t~lose assuming that you w the
I~th a solid roof on it, And thiSecond one I understand It wasn't that ou di.d tha The
,/builder poured the concrete, It wasn't an action from you that caus;jhe speCla condition;
r am having trouble with number 3., number 4:'
Brief discussion followed regarding the "Interpretation of number 3."
Regarding number 4, Mr. Whitson said, "I in turn had a little difficulty with number 4, as
far as the interpretation as far as the re~oning and there again I - apologize up front I did
not come fully prepared this evening, I was not aware that I would be asked - to state this
whenever I fined out the application but then again that is behin.d us now. Number 4. - if
I could get a little help with number 4, as far as an explanation,"
Mr, Baker replied. "Would. denying tbisdeprive the applicant of rights comrDolily
enjoyed by other properties within the Tuskawilla PUD [Planned Unit Development).
You could still have a porcb on the back of your house - but he wants to have this size
screen. porch with a hard roof and he could still have a vet)' large sereened porch or he
could have a smaller screened. porch with a hard roof, So it really doesn't appear that
there is a hardship there."
Brief discussion.
Tape 2I!)i~~ ^
Further discussion.
Referring to number 3. of the criteria Board Member Diller read, "That the special
condition and circumstances do not result from the actions of the applicant" and said,
"Mr, Staley stood there and told us that when he purchased thi, home their builder had
intended to put a seven and a balf foot (71/2') glab there and Mr. Staley asked him to
make it fi.fteen feet (1 S ') and paid him extra to do it. So I wonder bow the situation now
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SU'-OULAR MEf.TlNCi - oeCP,MBER 5, 2002
F>AC26 OJ' 7
with the slab sticking in thjs pal'ticular zone is not the result of the acts of the applicant
since he is the one that asked. hirn. to do it."
Mr, Whitson said, "I can't comment on tbat sir. All I know is that the builder poured the
slab.'!
It was suggested by Mr, Baker that the applicant go back to the Architectural Control
Board "And get that po;nt clarified" regarding their approvaJ of tht screen enclosure with
the hard roof Board Member DiUer inteIjected. "Also for his own protection:'
MOTION BY VICE CHAIRMAN TAYLOR. "I MAKE A MOTION THAT WE
DENY THE VARIANCE REQUEST." SECONDED BY BOARD MEMBER
DILLER. DISCUSSION.
VOTE:
BOARD MEM>>ER DILLER: AYE
VICE CHAIRMAN TAYLOR: AYE
CHAIR\1ANWATERS: AYE
MOTION CARRIE....D.
Brief discus!;ion ensued with Mr. Whitaker regarding Regular Agenda Item "A".
.:.(. AGE:"IDA NOTE: THE FOLLOWING AGENDA ITEMS ARE
))OCUMENTED IN tHE ORDER THEY WERE DISCUSSED, .:..:.
II. CONSENT AGENDA
COJIISEI'tT
A. Approval O(Tbe November 12, 2001 Re~lar Meeting Minutes.
MOTION BY VICE CHAIRMAN TAYLOR. "1 MAKE A MOTION TO
APPROVE THE MINUTES AS SUBMITIED." SECONDED BY BOARD
MEMBER DILLER. DISCUSSION. WITH CONSENSUS OF THE BOARD, TIlE
~OnON WAS APPROVED.
MOTION CARRIED,
IV. FUTURE AGENDA ITEMS
This Agenda Item was not discussed.
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V. REPORTS
No Reports were given,
VI. AD.lOURNMEl'T
em OF WlNii~ SPR(]'oTGS
M1NUTiS
aO.<\IUl OF ",OJlJS1'MJ;:NT
llE.GUlAP.. "'U:Ufr"G - OECEMBER 5,1002
,^Ci~ 1 OF 1
MOTION BY BOARD MEMBER DILLER. "I MAKE A MOTION WE
ADJOUltN." SECONDED BY VICE CHAIRMAN TAYLOR. DlSCt!SSION.
WITH CONSENSUS OF THE BOARD, THE MOTION WAS APPROVED,
MOTION CARRIED.
Chalrman Waters adjourned the Meeting at 8:58 p,m.
RESPECTFULL Y SUBMlTTEJ):
DE.BBIE GILLESPIE
DEPUTY CrrY CLERK
APPROVED:--
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THOMAS W AreRS, CHAIRMAN
BOARD OF ADJUSTMENT
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ATTACHMENT E
~hnda- ~(j(jl ~nchsllrtJs, @nc.
Variance & Special Exceptions Agent Form
As relates to the application for a Variance and Special Exceptions request on the
B meW Ie lSt,
\Jiit\er Spr'Qg.S;f~
I
owner of record of said property hereby
sentative of Florida Pool Enclosures, Inc. to by my duly authorized
agent.
As my agent Florida Pool Enclosures, Inc. wiD handle aD application procedures
including documentation, fees, postings and hearing appearances before the proper
government bodies.
Authorized thisl3,.day of ~--;yea~ ~7 -[:~~-
~J\. MBIY E Luckart
!~) My CclmnU8iOn 00158898
~ 01"/ ExpIres October 25, 2006
/
ATTACHMENT F
2002 110.-.I oIll1recl1frii' I iD.-/ ?- t/I- td 7~
Anhur ( T u"",r O>airman
~CovelIJ~
DiMd Hayward
Judy Flanagan
T od Nlppct
Marie Harriugtou
Home Owners Association. Inc.
1537 Braewlck Street
Winter Springs, FL 32708
ARCHITECTURAL CONTROL BOARD
eslilblWra:l in accordalla with proui$Wns of Dtclaration of CondiIIDns, CoMumIs, Eastmtnts and Restrictfims,
Artide VI, Section 11, did 30 MJm:h 1993.
Action by Architectural Control Board
Date of Meeting;
Aft? v'. P: .! /ltJ 2-.
/
Notice of MeetiDg Posted 48 Ius prior
/.5717 7J-dw,~f( J'I ,
(Plans &. speciflcatIons.. coiOl chips, ete, (If any) are to be provided In 2 copies by Proponent and may be reviewed:by any member pztor to
the If eel wIIh the or Seae of the ACB. '
The Chelsea Pare at TUBCliwiDa Home Ownei& Association, Inc" Architectural Control Board (ACB) having
received a request to consider proposed action(s) under the jl1llJsdii:tion of the ACB and llIlid proposed actions:
requirinq approval of the ACB, the ACB on this date did convene for the purpose (s) stated and considered the
proposed adion(s). The Architecturai Control Board, without influence of individual personal prejudice for or
against any proposed action requiring ACB approval, the ACB did carefully consi~ the request made by: ,
Proponents
.'
The ACB, in open session, did fully, 'fairly and impartially consider the request of the proponents, the
presentation of comments or opposJng, positions by opponent(s) [if any]
opponent
opponent
opponent
and did additionally consider the request with respect to its impact upon the properties of other membll1'll of
the HOA. the common property of the ROA. and any perceived negative or positive impact upon the values of
the affected properties, as well as the general welfare and benefit of the Community and enhancement of
Proponents property apJ1l!arance and values, '
The Architectural Control Board of Chelsea Pare at Tuscawilla ROA. Inc" after proper notice of the meeting
called, for the purpose of considering the written request of PROPONENT(S), does hereby APPROVE /
DISAPPROVE the requested action and PROPONET may commence work in accordance with the plans and
specifiCations hereby approved by this action of the ACB, but such work shall not begin before the lapse of
eleven (11) days from date of this approval by the Arc:hitectu1:al Control Board:
NOTICE OF APPEAL: (Article VI. Section 11) H any member of the ROA. governed by the Declaration, is not
satisfied with,~y decision of ' the Architectural Control Board, such member may send a written notice of
appeal to the BOard of Dire$rs asking the Board to review the dedsion of the ACB, Notice of any appeal
must' comply with the provisions of Article VI. Section 11.
, ./' I- ; , ,. py' "z ()IJ tV'-
Done by Majority vote of the Architectural Control Board, this 2tlU I J . bfiiPl99t,
~o.~~2Jr~
ember, A "
,5eaetary, ACB
7;;yJ Iy!zop V--
" l'lDrtda CorpozalIoA No"fo..l'roIi\.'.s. 1,995 617.302
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