HomeMy WebLinkAbout2006 12 11 Regular 310 Building Permit 1110 Pheasant Circle
COMMISSION AGENDA
ITEM 310
Regular
December 11, 2006
Meeting
MGR.
REQUEST:
In accordance with Emergency Ordinance 2006-08, the Community Development Department, Customer
Service Division, requests the City Commission consider an appeal of a staff decision to deny a building
permit on the basis of neighborhood compatibility and harmony involving a proposed two-story addition
to the house located at 1110 Pheasant Circle.
PURPOSE:
The purpose of this Agenda Item is for the Commission to consider an appeal under Ordinance 2006-08.
The primary issue is whether a proposed addition at 1110 Pheasant Circle meets the requirements of
Ordinance 2006-08, particularly whether the proposed addition is compatible and in harmony with
existing single family homes in the surrounding neighborhood with respect to building height. The
proposed addition is higher than the existing house.
APPLICABLE LAW AND PUBLIC POLICY:
Ordinance 2006-08
Section 2. Interim Residential Compatibility and Harmony Regulations.
In general, the relevant standard of review under Ordinance 2006-08 is as follows:
Before any building permit is issued for the addition, modification, and expansion of any building or
structure on a residential lot, the city manager or his designee shall consider and review the plans and
specifications to determine whether or not the proposed addition, modification, and expansion is
compatible and in harmony with existing buildings and structures on the property and with the
surrounding neighborhood. Compatibility and harmony shall be determined based on reviewing the
setting, landscaping, proportions, materials, colors, texture, scale, unity, balance, rhythm, contract, and
simplicity of the proposed addition, modification, and expansion. Nothing herein shall be construed to
prohibit a proposed addition, modification, and expansion that significantly enhances the established
residential character of other buildings and structures on the subject property and within the surrounding
neighborhood in accordance with the review criteria stated above and commonly accepted architectural
principles of the local community.
October 9, 2006
REGULAR ITEM 300
CONSIDERATIONS:
The owner of the property located at 1110 Pheasant Circle has applied for a building permit to
construct a two-story addition to the house. Total square footage of addition is 2,195, 1122 for
garage and 1073 for storage.
The proposed finish color and material are compatible with the house. The architectural elements
proposed for the addition are compatible with the existing house. The applicant has consulted with his
neighbors located to the rear of the subject property and has agreed not to install any windows on the
rear of the addition in order to accommodate his neighbor's concern for privacy in their backyard. The
concern that staff has relative to the proposed addition is that it is higher than the existing house. The
existing house is one-story in height.
FINDINGS:
Staff has reviewed the application for a building permit in accordance with the City Code and the review
criteria set forth in Ordinance 2006-08 and has denied issuance of the permit based upon the height of
the proposed addition. Most of the surrounding houses are single-story in height. Thus, staff denied the
request on October 30, 2006 because it is not compatible and not in harmony with the existing single
family homes in the surrounding neighborhood. The Property Owner timely filed a notice of appeal on
November 4, 2006.
STAFF RECOMMENDATION:
Staff recommends the City Commission consider the applicant's appeal of staff s denial and render a
final decision on the compatibility and harmony of the proposed addition..
ATTACHMENTS:
A - Plot plan of the addition location
B - Architectural elevations of the proposed addition
C - Architectural elevations of the proposed addition
D - Ordinance 2006-08
E - Property Owner Letter
F - Picture of Residence
G - Picture of Residence
COMMISSION ACTION:
Attachment A
Plot Plan of the Addition Location
BOUNDARY
SURVEY
PHEASANT CIRCLE
Attachment B
Architectural Elevations of the Proposed
Additions
WARREN & JUDITH GAGNE
S. JEFFREY GILGER
Attachment C
Architectural Elevations of the Proposed
Additions
WARREN & JUDITH GAGNE
S. JEFFREY GILGER
Attachment D
Ordinance 2006-08
ORDINANCE NO. 2006-08
AN EMERGENCY ORDINANCE OF THE CITY
COMMISSION OF THE CITY OF WINTER SPRINGS,
FLORIDA; PRESERVING AND PROTECTING EXISTING
RESIDENTIAL PROPERTIES FROM ADDITIONS,
MODIFICATIONS, AND EXPANSIONS OF STRUCTURES
AND BUILDINGS THAT ARE INCOMPATIBLE AND NOT IN
HARMONY WITH EXISTING BUILDINGS AND
STRUCTURES AND THE SURROUNDING
NEIGHBORHOOD; PROVIDING THAT THIS ORDINANCE
SHALL TAKE PRECEDENCE OVER PRIOR CONFLICTING
ORDINANCES DURING THE TERM OF THIS ORDINANCE;
PROVIDING FOR SEVERABILITY, AN EFFECTIVE DATE,
AND A SIX (6) MONTH SUNSET PROVISION.
WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, section 166.041(3)(b), Florida Statutes authorizes the City Commission to
adopt emergency ordinances by two-thirds vote; and
WHEREAS, the maintenance of the character of residential neighborhoods is a proper
purpose of zoning. See Village of Euclid v. Ambler Co., 272 US. 365 (1926); Miller v. Board of
Public Works, 234 P. 381 (Cal. 1925); and
WHEREAS, through the years, numerous deed restricted residential communities have been
permitted and developed within the City of Winter Springs; and
WHEREAS, it is apparent from reading the various deed restrictions recorded in the public
records of Seminole County, Florida that the deed restrictions were intended, in part, to protect the
character of the residential communities by prohibiting uses and structures that are incompatible with
residential areas; and
WHEREAS, over the years, the City has relied on these private deed restrictions to provide
homeowners with regulatory protection that preserves the character and harmony of residential areas;
and
City of Winter Springs
Ordinance No. 2006-08
Page I
WHEREAS, because of this reliance, the City has not historically had reason to impose
numerous other legislative land use restrictions on existing residential communities within the City,
especially in older existing subdivisions that are designated Planned Unit Development like
Tuscawilla and Oak Forest~ and
WHEREAS, in particular and by way of example of this reliance, the City Commission has
previously exempted existing single family residences from the Minimum Community and Aesthetic
Review Standards set forth in sections 9-600 et. seq., Winter Springs Code because of the existence
of the private deed restrictions~ and
WHEREAS, it has come to the attention of the City Commission that some of the older deed
restricted residential communities, including Unit 4 of Tuscawilla, have inadvertently allowed their
deed restrictions to expire under the Florida Market Record Title Act~ and
WHEREAS, the expiration ofthe private restrictions have left some residential communities
without any significant regulatory mechanism to protect and preserve the residential character of
such communities, especially with respect to additions, modifications, and expansions of existing
single family residences; and
WHEREAS, as a result, the expired private restrictions have potentially exposed some
residential communities to buildings and structures that are incompatible to existing single family
neighborhoods and such incompatible buildings and structures may have an adverse impact on the
quality of residential areas and upon property values; and
WHEREAS, on April 10, 2006, having considered the possible wide ranging negative
impact of the expired private deed restrictions on the residential character of some areas within the
City of Winter Springs, the City Commission directed the City Attorney and City Staff to draft an
ordinance which will establish a comprehensive regulatory scheme that will require all additions,
modifications, and expansions of structures within residential areas to be aesthetically compatible
and in harmony with the surrounding neighborhood and with the residential character thereof; and
WHEREAS, the new ordinance will also likely preclude garages that are not constructed in
a manner that is compatible with typical residential construction techniques including, but not
limited to, size, materials, and height~ and
WHEREAS, the preparation and drafting of the new regulatory scheme requested by the City
Commission will take additional time and public hearings before adoption; and
WHEREAS, in the interim, the City Commission hereby deems that the expiration of some
of the private deed restrictions poses a serious risk to the residential character of the community and
City of Winter Springs
Ordinance No. 2006-08
Page 2
therefore, the expiration of said deed restrictions poses an emergency situation requiring immediate
action by the City Commission to safeguard residential communities; and
WHEREAS, the City Commission hereby finds that the preservation of residential
communities serves a substantial governmental interest; and
WHEREAS, rather than imposing a moratorium on additions, modifications, and expansions
of structures within residential areas, the City Commission hereby finds that interim regulations must
be enacted by the City Commission until such time that a comprehensive regulatory scheme can be
completed to protect the residential communities within the City of Winter Springs; and
WHEREAS, the City Commission ofthe City of Winter Springs, Florida, hereby finds this
Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter
Springs.
NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER
SPRINGS HEREBY ORDAINS, AS FOLLOWS:
Section 1.
reference.
Recitals. The foregoing recitals are hereby incorporated herein by this
Section 2.
Interim Residential Compatibility and Harmony Regulations.
(A) It is the intent of these interim regulations to promote and protect existing residential
developments by prohibiting additions, modifications, and expansions of structures and buildings
that are incompatible and not in harmony with the subject property and with the surrounding
neighborhood. These regulations shall apply to existing residential land uses and residential
principal and accessory buildings and structures located thereon or infill residential development
projects on vacant lots within established residential developments.
(B) Before any building permit is issued for the addition, modification, and expansion of any
building or structure on a residential lot, the city manager or his designee shall consider and review
the plans and specifications to determine whether or not the proposed addition, modification, and
expansion is compatible and in harmony with existing buildings and structures on the subject
property and with the surrounding neighborhood. Compatibility and harmony shall be determined
based on reviewing the setting, landscaping, proportions, materials, colors, texture, scale, unity,
balance, rhythm, contrast, and simplicity of the proposed addition, modification, and expansion.
Nothing herein shall be construed to prohibit a proposed addition, modification, and expansion that
significantly enhances the established residential character of other buildings and structures on the
subject property and within the surrounding neighborhood in accordance with the review criteria
City of Winter Springs
Ordinance No. 2006-08
Page 3
stated above and commonly accepted architectural principles of the local community.
(C) If the city manager or his designee determines that the addition, modification, and
expansion is not compatible and in harmony, the building permit application shall be denied on that
basis. The applicant shall have the right to appeal the denial to the city commission. Said appeal
shall be filed with the city manager in writing within five (5) calendar days of the denial. Upon
review of the appeal, the city commission shall render a final decision on the issue of residential
compatibility and harmony. All decisions of the city commission shall be considered final and shall
be subject to appeal to a court of competent jurisdiction pursuant to law.
(D) These regulations are supplemental and in addition to all other applicable provisions of
the City Code. To the extent that these regulations conflict with any other provision of the City
Code, these regulations shall prevail and apply.
Section 3. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this Ordinance.
Section 4. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to City
Charter.
Section 5. Sunset Provision. This Ordinance shall sunset six (6) months after the
effective date unless sooner repealed by the city commission by ordinance. Upon sunset, this
Ordinance shall be automatically repealed and shall no longer be in effect.
{Adoption Page Follows}
City of Winter Springs
Ordinance No. 2006-08
Page 4
ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular
meeting assembled on the 22nd day of May , 2006.
ATTEST:
Approved as to legal form and sufficiency for
the Ci 'nter Springs only:
Effective Date:
See Section 4.
City of Winter Springs
Ordinance No. 2006-08
Page 5
Attachment E
Property Owner Letter
November 4, 2006
Kim Trench
Customer Service Center Manager
1126 East S.R. 434
Winter Springs, FL 32708
To Ms. Trench,
I have just been notified that the garage addition to my property located at 1110 Pheasant Circle has
been denied a permit due to the height of the garage being higher than the height of the existing home. I
wish to appeal the staff s decision due to the addition not as high than other 2 story homes located on the
street.
The second floor of the addition will not be finished for living area for a few years due to budgetary
constraints. In the future when more space is needed it will be cheaper to request a permit and finish the
second floor than to construct a new addition. We have taken the opinions of the neighbors into
consideration in designing the addition for future use. We have not placed any windows on the north
facing side of the addition to respect the privacy of the neighbors located directly behind us. We would
not like anyone looking into our rear yard, so we have designed the addition so as not to look into their
yards.
We have designed this addition to blend in with the neighborhood. The roof will be the same pitch and
material (architectural shingles) as the main house. The windows at the front will be identical to the
existing home including shutters. The exterior will be upgraded stucco finish painted the same color as
existing home.
The garage door will be side facing and not able to be seen from the street. If the door appears too high
when the addition is completed a trim panel will be added that will make the door appear the same
height as the existing door. The garage has been designed to hold a motor home. We do not wish to park
it outside due to RV's and/or boats parked in rear yards detracted from the neighborhood appeal.
I therefore ask that my request for approval be on the next agenda. I currently have a number of
signatures of the neighbors on and around Pheasant Street which have approved the look and appeal of
this addition. A number of them are currently in the planning stages for similar additions. This is a great
neighborhood to live in and the neighbors would rather add on to their existing homes than move.
I have attached two additional photographs and one sketch showing the view of the addition from the
street. If you have any questions; please call me at 407-461-9120.
Sincerely,
Warren Gagne'
1110 Pheasant Circle
Winter Springs, FL 32708
warrengagne@yahoo.com
Attachment F
Picture of Residence
TOP OF LADDER IS 27 FEET ABOVE THE GROUND, SAME HEIGHT AS PROPOSED ROOF OF ADDITION
Attachment G
Picture of Residence
ADDITION AS VIEWED FROM PHEASANT CIRCLE STREET LEVEL