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Home My WebLink About2004 06 14 Regular 500 CITY COMMISSION AGENDA ITEM 500 Consent Informational Public Hearing Regular X ~~lZ \,{.- M~ 2004 'Meeting MGR. rti/L//DEPT ~ Authorization REQUEST: The Community Development Department requests the City Commission remove from the table and hear a request for a variance by Virginia Stem from Section 20-103 of the City Code of Ordinances, to encroach as much as 10 feet into the 20 foot rear building setback. The variance is contingent upon vacation of a portion of a private drainage easement along the rear of the property (separate action, not by the City Commission). PURPOSE: The purpose of this agenda item is to consider a request by Ms. Stem for a variance from the requirements of Section 20 - 103 ofthe City Code of Ordinances to allow her to add on to the rear of the house, to provide living space for her recently enlarged family (enlarged by marriage from 3 to 7 family members). The site is 1406 Winding Stream Court (Lot 9 of Bentley Club at Bentley Green, depicted in Plat Book 44, Pages 35-37 of the Public Records of Seminole County, Florida). The rear of the site abuts the 1 ih fairway of the Tuscawilla Golf Course, APPLICABLE CODE: Sec. 20-82. Duties and powers; general. Sec. 20-103. Restrictions upon lands, buildings and structures. CHRONOLOGY: April 22, 2004 - Variance application was received by City. May 6, 2004 - BOA votes 2 to 2 on variance request. May 24, 2004 - City Commission "tabled" the variance request June 14,2004 Regular Item 500 Page 2 CONSIDERATIONS: The site abuts the 1 ih fairway of the Tuscawilla golf course (setbacks are provided only in the homeowner documents, not provided on the Bentley Club at Bentley Green final subdivision plat and staff cannot find other references to setbacks for the subdivision). The original homeowner documents stated that other lots abutting the golf course or any country club property, other than the 17th fairway, were bound by a 40 foot rear building setback. Supplemental documents (please see attached), recorded in the public records of Seminole County on June 15, 1991, allow a 20 foot rear building setback on any lots abutting the golf course or country club property. Lots not abutting the golf course or other country club property have a typical 15 foot rear setback, although provisions have been made for lots abutting Howell Creek or other water bodies. The attached plot plan depicts the existing house and addition as they relate to the property boundaries and 20 foot rear yard setback. A 15 foot wide privately held drainage easement extends across the rear ofthe lot (centerline depicted on the attached plot plan). City staff has no objection to vacation of a portion of the easement to accommodate the variance request, subject to conditions (please see attached April 5, 2004, memo from Stormwater Manager Zynka Perez). Obviously, the party to which the easement is dedicated (the homeowners' association) must agree to the vacation. The applicant is obtaining a legal description of the pertinent portion of the drainage easement and must formally apply (including, but not limited to, permission from the homeowners' association and paying the $300 fee), in order for the City Commission to hear and act upon the vacation request. Special provisions must be incorporated into the design and construction of the portion of the foundation proposed to extend near the existing drainage pipe, to ensure compliance with the "angle of repose" provisions of the Florida Building Code (Chapter 18 Foundations and Retaining Walls, Section 1803.1.3). The applicant requests the variance to accommodate her newly increased family size. She and her family have done research to deternline the feasibility of various alternatives, including, but not limited to, moving to another existing single family residence, building a new single family residence, and adding a second story. They have chosen this alternative and have been "doing their homework" to try to demonstrate that they meet the variance criteria, although they realize that it is difficult to obtain a variance and possibly even more difficult to obtain a variance subject to vacating a portion of an easement. The City Attorney has reviewed the variance request as it relates to the applicable regulations. He will advise the City Commission of his findings. FINDINGS: 1) The applicant did receive a letter from the Tuscawilla Country Club, stating that it had no objection to the proposed encroachment. 2) 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 June 14, 2004 Regular Item 500 Page 3 applicable to other lands, structures or buildings in the same zoning district; Staff does not believe there are any special conditions and circumstances. b) that special conditions and circumstances do not result from the actions of the applicant; Staff believes that the applicants created their own situation, although this certainly appears to be an honorable one, 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; Staff believes 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; Staff believes 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 Staffbelieves that there is already reasonable use of the land, building or structure - an existing occupied single family residence, consistent with the lot that was engineered for this type of and size home. t) 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. Staff believes that to grant the variance would be inconsistent with the intent and purpose of and undermine the code. 3) Staff does not find that the request meets the 6 variance criteria set forth in Chapter 20 of the City Code of Ordinances (the request must meet all 6 criteria). June 14,2004 Regular Item 500 Page 4 BOA ACTION: At its regularly scheduled meeting of May 6, 2004, the Board of Adjustment voted 2 to 2 on a motion to approve the variance request. The Board members noted that the applicant had done a very thorough job of preparing for and presenting the case. RECOMMENDATION: The BOA (by its tie vote) and staff recommend that the City Commission deny the variance request. If the City Commission were to approve or consent to the variance, such approval or consent should be contingent upon the 3 items set forth in the City Attorney's June 4, 2004, letter: (1) the Bentley Green Architectural Review Board approval, pursuant to Article VII, Section 4, Variances, of the Bentley Green Covenants, Conditions, and Restrictions, (2) the vacation of the affected portion of the private drainage easement (this would be a separate action - although any action affecting the easement should receive City approval to ensure there would be no adverse impact on the public health or safety), and (3) compliance with all applicable land and building regulations, including, but not limited to, Chapter 18, Foundations and Retaining Walls, Section 1803.1.3, of the Florida Building Code. ATTACHMENTS: A - Location Map & Plot plan B - Photocopy from final subdivision plat C - Variance application D - Applicants' supporting documentation E - Zynka Perez's April 5, 2004, memo F - BOA minutes CITY COMMISSION ACTION: { T' I I Continu d Pg 2624 A I ij-x" . I _.1: I :,: , __J.--_....:J.:.._ I I ".t I I ............1---. I "'. I 'FL 0 --... . I ", I I 1 __,' - - - -' -',,;- +- - - - _ R/DA.':"p" - I . I I 1-......, I C I ".1 I f ~__I I ',I I I ,___ I .~. . I . I' I . I I ". I I I I I I , I I 'I', I I I I , , , G SEE DETAIl:. I. PAGE 2632A,' I I I , , :) I , , .F I I r----- , I - - 4 - I J7(); ., - _' I i'f'l ~ \0 N bO ~ '0 .j l3 u '> . .. - 1/ .! , , , O? c B 5 , , \ , , , \ , \ Co~tinued Pg 2641 6 7 A NOTES: MuniCipal Address Map Book PRINTED: REVISED: Oct 2003 1 : 2 : City of Winter.Springs, FL o . 200 400 ......~I\ = 350 feet I 3 : ~:Pe 2632 Developed By: SOIltMaStem SlIT\Ieyfng & Mapplnl Coip. NEW PROPOSED ADDITION ~. '\' \ '~ ~ t;?- ('~ " {'~ ~ C'v.... ~ .p ~17, '"111l ~"l ~.... 1 " '-, " .............. " '-, ", ", ", '-, ' ......... .!' '-"-' '~()I' "" ' - c. " ~~ k ''''~ x....~~r ......... '" oS: -"--, 9'~ 6- 9'(;. 4- s '. ../. ... ...r'. Attachment C 'BOARD OF ADJUSTMENT APPLICATION CITY OF WINTER SPRINGS 1126 EAST S~ATE ROAD ~~4 WIN T E R ' S P R I N G S, FL. 3 2 7 0 8".;. 2.7 9 9 (407)327-1800 ". ~" FOR: SPECIAL EXCEPTION VARIANCE 'CONDITIONAL USF; ADMINISTRATIVE DECISION 1. AP PL I CANT: A ,'-.1 / A .:5 +.('1:. tJ .:.' . PHQNE 'f.(J1- :J 0;(0 - '1 iJO-b ADDRESS: l'ifJlo UJ,',J,.lc',,/ 0 ::;i~eltM. e~u,e t, C!J/Jlfd SpRi"fJs, Fe 2 RE UES~ -e " tJ .Q c) "c' I 3d."Itf'i{ .)<. 3. ATTACH A COpy OF THE PARCEL SURVEY. 4. ATTACH AN 11 x 17 MAP SHOWING THE SUBJECT PROPERTY AND SURROUNDING PARCELS. 5. ATTACH LEGAL'DESCRIPTION. 6. TAXPARCEL ~DENTIFICATION NUMBER:' {)1-pl ~ ~/-6/t/-(){Y]O-oo9D 7. LOCATION 'OF . ~reets): . ~r; '. -+<v' '- 8. PRESENT ZONING; 5;L70~ B"y Signing below JOHNS.ORKIS 01-00 '. t . PH. 4W-359-5782 may en er. up.on n 951 WEDGEWOODDR. ;;; ~; ;;: ~:;~; ;:{~'1~1;~';J:~11~~<i;'i .. owner) . . FUTURE LAND uSE: L;,w ^ErvJJ)ed_.d,-I.-~~ . Q. . 1033 L . , . 'PERSONS ARE ADVIS,ED THAT, IF'THEY OECIPE TO APPEAL ANY.. DECISIONS HADE AT T~ESE HEEfINcis/HEARINGS, THEY WItL ,NEED A.RECORb OF THE PROCEEDINGS AND FOR SUCH PURPOSE, THEY WILL NEED TO INSURE THAT A VERBATIM"RECORD OF THE PR6C~EDINGS IS MADE,"AT'THEIR 'COST, WHICH I I NCLUDES THE TESTIMONY AND '.EV IDENCE UPON WH ICH THE APPEAL I S TO BE. ,I. ",. BASED, PER S.ECTION 286.0105. FLORIDA S'T'~rNI""J;'.~ . ATTACHMENT D Stern Variance Request Application Questions Responses City of Winter Springs 4/21/2004 Page 1 of3 To Mr. John Baker City of Winter Springs Please accept these as responses to the 7 questions outlined on the Board of Adjustment Application for a variance. 1. The special conditions and circumstances which exist that are peculiar to the land involved are as follows: a. The land backs up to four distinctly different areas that are peculiar to this piece of property. i. The property adjoins the waterfront of Bentley Green Lake. 11. The property adjoins the back of the Tuscawilla Country Club, green #17. 111. The property adjoins a wooded area that is part of the Tuscawilla Country Club, which includes Howell Creek and cannot be built on. IV. The property adjoins Howell Creek another type of waterfront. b. The property is shaped in such a manner, that the view out the back of the lot provides no visibility to the neighboring houses on either side. c. These circumstances individually have specific value by themselves. After combining these characteristics, our research shows that they are not applicable to any other pieces of property available for sale in the zoning district. . d. The property lies in the back of the Winding Stream Court, a Cul-de-sac, which contains five houses, and has little to no traffic. 2. The special conditions outlined in question #1 are the result of the Bentley Green Subdivision planned development and natural or manmade conditions that were present before the applicant owned said property. These conditions are why the applicant originally was attracted to the property and now are the overwhelming conditions that make the case relevant for approval this request. Such conditions are not available currently and for the foreseeable future in the zoning district. Therefore, none of the special conditions may be the result of, or resulting from any actions of the applicant. 3. The granting of the variance requested does not confer any special privilege upon the applicant, which is denied by this chapter to other lands, buildings, or structures in the same zoning district. This process allows for the opportunity to confer the same privileges upon others within the zoning district. Stern Variance Request Application Questions Responses City of Winter Springs 4/21/2004 Page 2 of3 4. The literal interpretation of the provisions of this chapter will work unnecessary hardship on the applicant. The applicant is increasing her family from three to seven and the current house will not allow appropriate living space to accommodate the size of the new family. The cost to try to replace the peculiar circumstances outlined in question # I, and to build a completely new house of the proposed size and scope would be cost prohibitive, even if such vacant property were to be identified and furthermore available in the zoning district. The applicant has prepared a current market study dated 2/29/2004 of the zoning district and updated on 4/19/2004 which was prepared by a licensed Real Estate Agent from Coldwell Banker. The market study shows that there are no existing vacant lots or land with the same peculiar circumstances outlined in Question 1, available in the zoning district. The market study also shows that there are no existing houses situated on such a piece of property with the same peculiar circumstances outlined in Question 1, within the zoning district. Thus there are no alternatives, at this time or in the foreseeable future, to replace this property at a reasonably similar financial situation. The denial of this request will cause additional hardship on the homeowners as well. Both families have resided in the City of Winter Springs for as many as twelve years. We have each chosen the Winter Springs area for its peaceful, family valued, community environment at separate times. The city has proven to be everything and more that we both individually expected. Now that we are bringing our families together we do not want to disrupt the lifestyle that we so cherish here in the City of Winter Springs. John's children are new in the area and have settled in very nicely. They have suffered through instability for the past four years and are now becoming well established in the schools and the community. A move at this point from a neighborhood, schools, and community activities that they love would create a hardship that is un-necessary and unfair. Virginia's children have lived in the same house on this property for the past 12 years. They are well established in the fine schools and many community activities. This includes being able to walk to the Tuscawilla Country Club, which both families currently enjoy being members and living in there present locations. We want to continue to raise our family, now together, in a safe, secure, yet open and outdoor community, which allows for traditional family values and wholesomeness, We have that here; we have looked for it in the surrounding areas and have come to the conclusion that we cannot even come close financially or culturally to replacing what we have here in the City of Winter Springs. This hardship would be unfair and be in direct conflict with the goals and objectives of the City of Winter Springs. The City works very hard and spends allot of tax dollars to attract citizens and have them establish residency and develop the same type of feelings and enjoyment from the community that we have outlined in this document. To not approve this variance and force a situation that would cause us, as very satisfied citizens, to have to leave the community would in direct contradiction to the stated objectives of the City of Winter Springs, itself. 5. The variance requested is the minimum variance that will make possible the reasonable use of the land and the building to accommodate the seven members of .' " Stem Variance Request Application Questions Responses City of Winter Springs 4/21/2004 Page 3 of3 the family. Ms. Stern was willing to consider a 2-story addition that would not encroach on the setback. The Bentley Homeowners Association, Inc Architectural Review Board felt that this option was inconsistent with the original elevations of the existing structure and would not be in harmony and the general intent of the neighborhood. The Bentley Homeowners Association, Inc Architectural Review Board felt this could be injurious to the neighborhood. Thus, it is the opinion and recommendation of The Bentley Homeowners Association, Inc Architectural Review Board that the variance be granted and the proposed addition be approved, which would certainly be harmonious and enhance the general intent of the neighborhood. The Tuscawilla Country Club was not in favor of the 2-story proposal. The proposed single story addition is much more favorable and this was part of the reasoning in their approval of the setback variance request. The 2-story proposal also did not provide for rooms and layout that were consistent with the proportion and design to the existing house and it was felt by the designers that it would cause financial hardship in the future should the owners want to sell the property. 6. The granting of the variance will be in harmony with the general intent of the purpose of this chapter, will not be injurious to the neighborhood, or other wise detrimental to the public welfare. The granting of the variance will allow for modifications projected to increase the value of the existing property and dwelling from $360,450 to $554,850. The architectural rendering's show that the elevations and modifications will be in harmony with the general intent of the purpose of this chapter and have been approved by the The Bentley Homeowners Association, Inc., Architectural Review Board in writing as represented by the approval letter attached to this application. Letters are also included from owners of The Tuscawilla Country Club, and each of the adjoining property owners within 150 feet of all property lines adjacent to the property stating they have "no going concern" as it relates the City of Winter Springs granting the requested variance. 7. The request is consistent with the objectives and policies of the comprehensive plan. The objectives and policies of the plan are to provide a harmonious neighborhood that attracts and retains respectable citizens to the community. The proposed addition to this house certainly improves the neighborhoods ability to do so. The upgrading of the existing house is projected to increase the property value by a significant amount as well as those of the overall neighborhood. . . IRIDlcl Golf Group, Inc. March 26, 2004 City of Winter Springs Commission City of winter Springs 1126 East S.R. 434 Winter Springs, FL 32708 Re: Lot 9 Bentley Club at Bentley Green, Platt Book 44, Pages 35-37 Dear Commissioners: Tuscawilla Country Club has been asked by Virginia Stem, the owner of 1406 Winding Stream Court, to consent to the construction of an addition to her home that would fall ten (10) feet from the golf course property. The setback requirements pursuant to the attached Supplemental Declaration of Covenants, Conditions and Restrictions dated 8/29/90 (Section 23) require a twenty (20) foot setback from the golf course. The owners of the subject property have submitted for review the attached plans which I have marked as "Exhibit A". After review of these plans, the ownership of Tuscawilla Country Club does not object to the addition and its encroachment into the twenty-foot setback, solely as it is depicted in Exhibit A. Any alterations or modifications to the plans depicted on Exhibit A would require additional review by Tuscawilla Country Club. Our consent is solely on behalf of Tuscawilla Country Club and not on behalf of any other party, such as any homeowner's association. If you have any questions please feel free to contact me at 732-656-8900. Sincerely, ?/~~- Matthew D. Galvin Executive Vice President Winter Springs Golf, LLC dba Tuscawilla Country Club Encl.: Exhibit A, Building Plans Supplemental Declaration CC&R REceIVED APR 2 7 2004 CITY OF WINTER ~PR1NGS i Currant PlanOlng ._.J 375 Forsgate Drive Monroe Township, NJ 08831 (732) 656-8900 FAX: (732) 656-8902 www.rdcgolfgroup,com ! I I I I . . II . ~ C1 k;~,\-.A '. '. . . . ~fr'i'1 ~ ~ .!!!!!!9.!1l!!l fAll nrvl1l111 ~ ~ 11I:11 nrvATIlII i S I~ I I : ~ 'I ~ 'j ~ ~ t ::.:: Q; I~g ! ~ i . . I i i I I .;~ ~ :~ ~ lll. . >4 ...... ;t!1 I.......... l.;l;!: . ~ -. I~ I... ~ ~ ti - j;: t~= I~ i ~ (/J 1!!S1 . I~~ Glc! . '. I~r;; if ~ ;~~ III . CI) !j I zm ! ~i --I! ] ~ ~ ~ I II. I ! . I ! I .~. .~. .LJ 1OIllI.Q1VATIIJI b;~:\,~',' . ./tA ". '..) r (. '-, .. I -. . \l '). to GA ':lr s. R., 4-;4- ~,~~p.. SPR't-JG..~) FL"3~" SUPPLEMENTAL DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS ~4- ~~f,' ,THIS SUPPLEMENTAL 'DECLARATION OFqOVENANTS, CONDITIONS ~ RE~TRICTIONS, ,made this 2.2711:i day, of AUGilsf 1990 ,'by },..WALTER; _'TEMl',LE, 'JR~ ~ "TROS,TEE , ("TeInple") and BENTLEY GREEN JOINT ,VE~ ,1,'- a Florida general ,partnership ("Bentley")., rq " r) ,P w r T N E SSE T H: WHEREAS, Temple recorded that certain Bentley Green Declara~ ,~ion of CovenAnts, Conditions and Restrictions dated May 22, 1989 in Official Records Book 2071, Page 38Dof the Public Records of' Seminole County, Florida (the "Declaration"): and ~REAS, Temple assigned to Bentley certain rights as ' Declarant to the Declaration i~ that certain Warranty Deed, recorded inOfficial Records Book 2072, Page 129 'of the Public Records of Seminole County, 'Florida; and WHEREAS, the Declaration provides that Additional Properties can 'be brought wi thin the scheme of the Declaration, by the Declarant: and WHEREAS, Temple owns certain real property (the "Bentley , Club Property"), more particularly described, on Exhibit itA" ',attached hereto, which Temple and, Bentley desire to bring wi thiI) the scheme of the Declaration. " NOW, THEREFORE, Bentley '(as Declarant) themselves and "their successors and assigns, and state as falrows: and ,Temple, for. do h(!reby declare ~ ~ 1.' Additional Propertv., The Bentley Club Property is n0 hereby brought within the scheme of the Declaration, as provided , in Article I I, Section 2 of the, Declaration. Thi s Supplemental ~ Declaration is made for the purpose of'annexing the BeJ)tley Club :I rr~ Property, as Addi tional Prope~ty! to the scheme of. the Declara~ ~ __tion and extending' the jur1sd1ction 'of the Association (as , .~def1ned in the'Declaration) to the Bentley Club Property. tV ~ ' , "'- ~', ,,' , C1 2. Setbacks.' Article IX, Section 23 of, the Declaration is ,-',' .;' hereby deleted, as, ,to the Bentley Club PropertY' onlY, and ..k replaced w~~ the ,follc;>wing: ' ~5? i: .seCtiOn23... Setbacks. In addi tion to any setback require- =te _' ments of the City of Winter Springs, Florida, any building - .-'5J : "!'" structure located on any Unit sball not be located any Q\ - nearer than a minimum of fifteen (15) feet from the front or ' -:.. ~~ rear proper.ty, lines, a ,minimum of three (3). feet on side lot ~ lines providing all buildinqstructures are no nearer than a ) minimum .of ten (10) feet from any,bUilding structure on .any I"-J "" u, ~ -- .,., -, : - 0') t r c r ,--, r f';') ~ C , '.' C -'J - :- - r . - t, ._ W ,Co- .po.- - - 'oJ' ~ c::? C)' c.c i . , I 'I i I i, .'4 ,'t .. . r . side adjoining Unit, one hundred (100) feet from the centerline of Howell Creek, twenty !20) feet from any qo~f course or country' club proper~y, arid.. twenty (20)' feet from any retention or de~ent~on porrd~ or the existing golf course pond;. The ARB may. however, in its reasonable ,discretion. .requiresetbacksas to any Unit' up to twehty(20) feet from the.: fr. ontor 'rear prop'etty , lines, up t~ seven. an? ' ~ne-halb. '(7..5) ,feet on.side. l<?t l~nes. anc;i with the prov~s.~on tha~ :a11. building', structures are no near~r than up to fifteelE ' (15) feet from' any building. structure; on any side adj oiniri~ Unit. . ~ . (:) 3. House Square' E'ootaqe. As to the ., Addi tional Property~ only. each residential dwelling built upon any Unit shall have at least .one thousand nine hundred ( I, 900) square feet of inaoor floor area.. exclusive' of porches. garages and~any tinairconditioned or unheated space< ' N N CJ1' -.., - - - -., 4. Unit Landscaping. As to.the "Additional Property" only. Article X of the Declaration shall not be applicable., Each Unit .owner in the Bentley Cl,Ub Property shall be fully responsi'ble for maintaining any and all landscaping upon his Unit. Such land- scaping shalJ comply with the requirements of Article IX. Section 2 of the Declaration. Failure to so maintain shall entitle the Association to enter upon any such Unit to perform any such maintenance. as provided in Article VIII. Section I, and to assess the cost of such to the Unit Owner as provided, in that . Article VI I I. All assessments for. maintenance of, landscaping , within the Property originally encumbered by the Declaration and known as Bentley Green Unit I shall be the sole responsibility of the'Unit owners' within said Bentley Green Unit I. consistent. with Article VI. Section 9 of the Declaration. ' 5. Assessments. The initial' annual. assessment referenced in Ar:ticleVI, Section 5 of the Declarati,on shall be Three Hundred Doll.ars '($300.00) per Unit in the Bentley Club Property. 6; Declarant. 'Temple and Bentley,do acknowledge and agree that, notwithstanding the assignment to Bentley of certain rights as Declarant in that certain Warranty Deed recorded in Official Records Book 2072. Page 129 pf. the Public Records of Se~inole' County; Florida. that Temple, did also reserve to himself" and Bentley does hereby' assign to Temple. co-existent rights as .Declarant'under the Declaration. including but without limitation as to all lots owned by Te,mple ,in the Additional Property. ,7. 'Limi tati'ons~' Except as expressly provided above. 'all 9f' the terms, covenan,ta. conditions and restrictions of the Declara- tion shall be fully applicable to the Bentley Club Property~ IN WITNESS WHEREOF. Temple and Bentley have caused these , i.. ~ -2- < , . . ,. ~ presents to' be executed as of the day and. year first above written. Signed. sealed and delivered in the presence of: /}. .... w,'. ~f.,' . 1:. STATE OF FLORIDA COUNTY OF t'~t:.:-.'~k- ) )SS: ) n o - ,., '(A .,.. ~ ~ .=. ... z C). r- A.WALTER TEMPLE, ..., - ,... , BENTLEY GREEN JOINT VENTURE I, a Florida general partnership. By: SUNVEST REAL ESTATE, INC., a Florida corporatio Manaqiriq JointVe c: 5y:G .LJ . A. Walter pres.ident (Corpora te .Seal) , .\ ..,... ."'" The foregoing instrument was acknOWledged before me...'this .... day of 2.u..j . " 1990 by A. W.alter Temple, Jr.. ,Trustee.~'" .....:..'....'.:.~, I " ./. ~.. . . ~ LId' :. T (~ ,/ . . ,.' r.. '1.... . '. '... c ~ . : ,..,; '. ''','. ... - .".:..~ ; . " ~ ~ -.;-.......:.",:.... _., . ~ : liPTARY PuBLIC ' :~. '0., ..: . , \ .... -. ~ J. 0 ',f ..... My Commission Expires:',. ,;'., ,.' , '. " ~." ; .. ........,,,,' ,.~ 'f I, _ .. .' ,,,\' tlOTA~Y I'UBL.IC STATE Of' FLORIDA "'.,..",.,,' MY r.Ot~lSSI0N ~XP. MA~ 17. 1~94 BONDED TKRU G!1-:t1W. INS. UHD.. .;;t'l -J.- STATE OF FLORIDA ) . )5S: COUNTY OF J~;J~~ ) .' 't11e, foregoing' . i~strument was acknowledged before . me this ~'f Z/_ day 'of O.t."?" , 1990, by A. Walter' Temple, Jr., as Pres{~..' dent. of Sunvest ~ea.l' Estate. rnc.. a Florida .cox:por~tion,Man~g"': inq Joint ,Venturer on behalf of., <BENTLEY GREEN, JOINT VENTURE I, a Florida general partnership. R:831jD4024. 06/21/90 , /"' / . If. -;.'/: :,.."., ' . 6/"'-L.-z.~.... .,~""~~t.-'::"l__ NO~RY PUBLIC . . I My Commission Expires:." . ,. . , ; ia .'. . . .J .- t' -1:' tlQ..IlHrU3LIC ST."TE OF FlORI v" , '. fA': . CC:tll SS I eN E~P, il~ Y .. 11 ~ 19~4 r~!ltJI~m illlW GtritP.~L iN,). UNO., .' , , , ' . Exhibit "A" , . AdditionalPro~erty From 0lC Northeast C"Oiiier or WrNTER"SPRtN051JNtT"3;-as recorded in" . Plat Book "7, Pages 89 and 90, Public Records of Seminole County.. . '. . Florida: run N,870S 1 'OO"E along ,an Easterly ~lttension o( lhe North line of Said WINTER'SPRINGS UNIT.3, .1' dasW1CC of 395;67 fect to iI pQint on .' , the East easemenlline of a Florida' Power and Light Easement .recorded' in '.' , Official Reeord Book 183, Page 130, Public Records of Scminolc County. . Florida: run. thence N 31045'52" W along said East easement IifItC for a distance of 3674.63 feet; thence run E:1st 1.426.66 feet to the Pobit of BcgiMing, said point bc.ing on the centerline of HoweUCtcck; run thence Northerly along s:lid centerline of Howell Creek the following courses: run N 14031'15" E (or a distance of 103.24 feet; thence run N 40031'18" E for a distance of 53.38 .feet; thence run N 06008'17" EJor a disL,ncc of 107.86 feet; thence run N 64020'lr E for a distance of 107.70 feet; thence run N 13025'05" W (or a 'distance of 160.26 feet; Ilhence run N 21036'48" W for a 'distance of 84.60 feet: thence run N 24028'06" E for a disUUlCC of 51.90 feet; thence run N.06002'13'' E fOIr a distance of 79.15 feet; thence run S 42023'31" E for a distance of 73.29 (eet; lhcncc run N 18047'34;' E for a distance of 21.66 feet; thence leaving aforesaid centerline of Howell Creck run S 69018'41" E for a distlll1ce of 383.72 feet; thence run S 87037'08" E for a distance of 484.86 (eet to I point on . the Westerly Right-of-Way line ofGrecnbriar Lane (60' RJW). said point being on a non-tangent'curve concave Eas,Lerly having alildius of 626.89 . feet; thence from a ~ngent bearing of 5 22030'36" W. ~ Southerly . along the arc of said curve and said Westerly Right-o(~Way line for a . . . disUlllCC of 239.42 feet through a centri1l angle of 21052'56" to the point of' tangency: thence run 5 00037'40" W along said Westerly Right-c)f-Way line (or a disWlce of 346.49 feet; thence leaving said Westerly Right-Of- Way line run the following courscsalong thc No~JY line of BEN11..EY GREEN UNIT I, recorded in Plat Book 41, Pages 42 through 45 olthe . PubJjc Records of Seminole County.FJorida; thence run N 86032'15" W fora distance of 20.96 feel; lhence run S 76~18'42" W for a 'distance of 134.15 Jeet: thence run S 82017'31" W (or a distance of 113j3 feet: thence run S 41015'17" E for a distance of 136.01 feet; thence run S 19045'5 I" E for. il distance of 134.39 feet;' thence run S 82031'35" W (or a ;ffstallce of 117.s 1 feet; thence run N 73037'28" W for a distance of 47.4. feel to a point on a non-tangent curve 'concavc Southwesterly h.'Iving a rildius of 274.86 feet and a chord bearing of S IOOS3'40"E; thence leaving SOlid Northerly line, run Southerly along the are of said curve and , the Westerly Right-of-Way line of Bentley Green Circle (40' R/W) lhrough a central angle of 15038'03" for a distance of 75.00. feet; thence nm N 88001'34".W along the North tiocof Lot 2S of said BENTLEY GREEN UNIT I for a distance of 119.93 feet; th~ce run N 34039'39- W along t~ Easierl)' line of Tract "C" of ~id 'BENTLEY OREEN UNIT I . (or a distance: of 25.90. feet; thence run S 74OU'OS" W along the Northerly line ()f said Tract "C" for a disUUlce of 102.32 feet; thence run . N 15031 '52" W (Of'il distance o( 294.99 feet; thence run N' 40004'32" W for a distance of 122.77 feet; thence run S 74034'26" W for a distance of 140.90 feel; thence run N 54026'46" W for a distance of 216,ZO feet to the Point of Beginning. Conlaining 15.996 :lcres more or less. . , . to-..) '~ I"',J m CJ1' 3: :r. ~ 0 r- m , n I ? '. ..... r (.t:) . . " MORTGAGEE'S CONSENT TO DECLARATION BENTLEY CLUB KNOW'ALL MEN BY THESE PRESENTS: . , .~ That Fir~tate Financial a .Sa-vihgs Bank."hereinafter refetr'e~ to as ""Mortgage'e", the owner and .holder' of' a. Mortgage dated:2 : 5~~ ..J.~ 1 \ q,i'l::\. , granted by A. Walter Temple. Jr..~ Trustee. ~ recorded in Official Records Book~. Page J..")"'~ of the Public~ Records of Seminole County, Florida. and' enCumbering the lands;:! described on. .the Plat 'of . Bentley I. Club acco:ding to the plat. thereof as recorded in Plat 'Book~, Page~~of the Public Records of Seminole C9unty, Flo~iqa, does hereby consent to the foregoing Supplemental Declaration of Covenants, Conditions and Restrictions dated~U~~r ~ . 1990, and Mortgagee agrees. that in the event of 'fo.reclosure, deed in lieu of foreclosure or other proceeding relating . to enforcement of Mortgagee' s rights under the aforementioned Mort<;Jage and 1;11e Note .secured thereby, the terms of the Supplemental Declaration and the Bentley Green Declaration of Covenants', Coridi tions and Restrictions . as amended. referenced therein. shall remain in fullforc'e and effect as if the. same had' been entered into and recorded prior to .the recording of"the above-described Mortgage. . '. IN WITNESS WHEREOF. Mortgagee' has caused these presents .to be executed by its' corporate officer hereunto duly authorized as of the ~ day of ~~ u.:r'\~. 1990. . . ~ . .. ~ ......, C.J'1' ~. - ~ :) .' . ..II"',,;;,~, - . ~'~;>.' FIRSTATE FINANCIAL .4 SWlriCjs'" ~\. Bank " . ...,., ~ t.... . .BY.~~~{ ~;5 .~j Ti~;e: . ....~ ')~7.f . ! .. . .,\~" ..' (Seal) :'...f.. 'Signed, sealed and delivered in the presence of: STATE OF FLORIDA .cOUNTY OF ~ . I IiER$SY CERTIFY that on . this d~y, befor'e me. an officer . .duly .' authori'Z. ed in the. State and .~c . n1:~Y. f~es . dtotake acknowledgments" personally. appe!l~~d. .,~_ _ ,well known to me to' be' the. ~ (/..-<.1"' . _ of, the savings bank. . named as.' Mortgagee '. herein, and that acimowle~ged executing the same in the presence of two subscribing.~~tnesses freely and voluntarily under authority duly vested in. ~ by said savings bank and that the seal affixed thereto is the true seal ot said savings bank. , , . ,. " last WITNESS my hand ~d official seal in the County and State aforesaid this 3/4 day. of a7"~1990..";.",, ~. .... /t.' ./:/....~~:....:: ", .' . "' ,'/?--=.~/:I1-.: ..... -oJ :"-~ ". '.,.M ,,~~:: '_.' ,':. ..-.:0 N MY PUBLIC ': 4. ': 0 ; .'.;0 ':" ~ " "~:. (;1 -.. -- "'::::".: (:: .. MyCornrnission Expii~;"~-J?~':,~// ~'. ~ \ .\,\' 7 . .."'f...... . ...... \,". R:831/D4025 1'-0) U) I"".,) m c.n 3: s: -.., C) r- m n p ..., - r- . ~ , ',. , . .' DEVELOPER'S CONSEtr.r AND APPROVAL TO DECLARATION (BENTLEY CLUB) KNOW ALL MEN BY THESE PRESENTS: THAT .WINTER . SPRINGS' DEVELoPMENT JO~NT VENTURE ~ a: ,'Florida ge~ercd . partnership ~'hereiriafter referred' 'to a~. "Developer, ,. the assignee of' the De"leloper under'. that. certain Declaration be. Covenants and Restrictions (the "Original Declaration") date~" June '30, 1987, . recorded in Official Records Book 1864, Page 0803~ of the 'Public Records of Seminole County, Florida. an~ encumbering the lands described on the plat 'Of Bentley. Green Uni~ I ~ according to the plat thereof as. recorded in Plat Book 41F Paqes 42 to 45, of the Public Records of Seminole County~ -- Florida, does hereby consent to . and approve the foregoing Supplemental. Declaration of Covenants, Conditions and Restrictions dated AUiLl,:>r '1. 9-- . 1990, as required by Section 15 of the Original Dec,laration. ~. N c.n ....., r-.J. '" IN WITNESS WHEREOF. Developer has caused these presents be e~ecuted by itsr-corporate officer hereunto duly authorized of the .dl1!i!'day of "-.c!/).T 1990. . Signed. seaied and Jlive . d . . .' . in the presence of: WINTER SPRINGS DEVELOPMENT JOINT VENTURE to as -~! \ j' u iL/ .. .'1~( ) . '~!f-:. }jl/l ':3~ . !. . i : i . By: ,."........" '.r. . ..,". f ' .' . ," \ .. ...... Gulfstream Housing .~o:rp';"tZ ..... a Delaware corpora1;to~~-;r -..J ,.' .. :--() ~ managing general Pf:t~~J?~: Cb . !....(/)l'> .. ..... ... ..c.. _ ... ~ . ,..,., .' , ".:. ~'.' . ~#.........' . v By: Name: Glenn Marv! Title: Vice Presiaent (Corporate Seal) bND By: . ..By: - '. ,. By: Name: Title: ~ ". t. ~'! J" Secre tll1.'Y' It...." " ~ " STATE OF FLORIDA COUNTY OF Ot/l/J~ ~ <n~ ~c.n I.. HEREBY CERTIFY that on. tAis day, before me, . an. office:- --., duly authorized in. the sta:te' and. Count'y'. aforesaid to.' tah.' - acknowtedgments, personally appeared Glenn Marvin, well known.@:_. .'me to be the Vice President of Gulfstream Housing Corp.,' tli4it . manaqing qeneral . partner of the Developer named herein t. and ths:E C"...) he acknowledqed exec;:utinq the - same. in ,~the presence of tWo c...., subscribinqwitnesses freely and voluntarily under authority duly vested in him by said corporation arid that the seal affixed' thereto is. the true corporate seal of said corporation. /,1' . . /1 t" ' \. h -, /1,:. L.:- <'L,..e. .....><~i..k::::. . . Ifl........ I \,. . I, / \' .' .. J I" . /,\'\\ ..... 1~ ~ . '..' ~ ......... My ~.~ issio xpires: /S......:)// ....~ NOTA PUSL' . .' : -.: :' . ? ': "ty C:Mls' ,C;~TATE OP F10ll/DA AT I.AI;,jl~ : ~J (', *':) 60NO~ 1 ./ON I:.:OmEs JUN! ~,.1994 : W ~ "~',.. ~ C. Hr.:u AS.'frOH AOEiIC:l iNc:. ~ -:.. . / STATE OF,-1J~ ,. \.-r~. :"o,~~;..' - ". "./.l:~""I'='<"'~ (J~ "'.. ,.,17 .-#, ", ,..... . COUNTY OF~' ,;:'~ft.... ::~~'\'.~ I HEREBY CERTIFY that on this day, before me, an officer .duly authorized in the State and County aforesaid, to take acknowled9ments~ personally appeared Louis E. Voqt, well known to me. to be the Vice President of Home Capital Corporation,qeneral P!lrtner of the Developer named herein. . and that he acknowledqed executing the same in the presence of two subscribinq witnesses freely and voluntarily under.authority duly vested in him by said' corporation and that the. seal affixed.thereto is the true corporatese~l of said corporation. V' . and State WITNESS my hand. and official last aforesaid thi s ,f?rib'day of', ../ ---- .-( ,- last WITNESS my hand and Offici'::1jl aforesaid this .~ day of ~ in the County and State , 19S\1.' My 0/"11' Commi sion Expires:'-' ",'. 1.lf fl . """" ........, ., NOTARY PUBLIC. STATE OF F'LORtP,v" ~ i "~... :\" MY COMMISSION EXPIRES: MAY "'lI99~ .. 8.0NOaD 1'HRU NOTARY PU81.1C UIllO&.~.IT~ ., <.,) . _ . . ,:.~t () ,,'. ";"_~ . , '. , ,,. .. . ... ~ ~ ~~ , ~. . j .': l \,. ~\~" :'/~./ ~"r ..,.....l" "...~ ,. "", ........ , ~"". ~ r r~ t .,. R:831jD4026 , - . . ',' "" .' ." 'f"\ STATE OF 'FLORIDA . COUNTY OF~ : . I HEREBY CERTIFY that on this day, before me; an officer duly authorized in the State and Country,aforesaid to take acknowledgments, personally appeared Joy DeCaro, well known to me, 'to be the Assistant Secre,tary of Home Capital Corporation, general partner of the Developer named herein, and that she acknowledged executing the same in the presence of two subscribing witnesses freely and voluntarily under authority duly vested in him by said corporation and that the seal affixed thereto is the true corporate seal of said corporation. WITNESS my hand and o~icial seal State last aforesaid this , ~day, of 1990. ~ (I) "N ", CJ1 3: % ......., (:) r I'TI n ,p - ....., - r- . ~ .;::- i~country . and " My .. , ,: ,,-9 PUB C :' ,~",,~ . ~ . .'. . . "" r l' · , t' Commis ion 1.lre~O"UI"'''''''''" ~.. " .." ~J.1t " NOTARYPUBLlC.STA F ~~A:e'.-"'.' "";. MY COMMISSION EX : aA'( ~. 1 ' ...s- ~ BONDED THRU NOTARY' aUQ'UMfl'WR U .. ''''. ~ - ... .., - .. : .)-. k"4 , ...... ~ (': ~ ;:1: ' · ~ :'-': ~~\o, ~ :' ~ ~ "I. ...<<: ~ .. ~ ~ '."" ^ ..' CO) ~ ~.. ~ ~ '.. S' 1\"' - ",..- '" ,"\, , 1t"III,'''''''' ... , ", '. I ..!:" .:- ,. !. I ACKNOWLEDGEMElIT OF RECEIPT OF DOCUHENTS BUYER. : LOT: . Bentley Green the undersigned hereby co~curs and agrees that they have received a complete set of Bentley Green Homeowners Association Documents this day of . 19_ It is understood that in case of recision of this contrac"t. these documents must be returned prior .to seller returning deposit monies. BUYER BUYER. BUYER. , ~,-y I !" I : I I ! ~1 l::::l I ~ c.., ! ~ ~I CI)~! .. ....... == ~ ~ .... ~ ~ ~ l !'> ~. ~t::! <'> ~. ~l_ ~I ~ I II ~1 ~I t;:il ." '. ,01-.I:nt.JS I"" -PI 111 -- pc .. 0 -$- 00 + 1 I ,Ol-.t NVld 3lIS ... ~ """ ~ "+~ "'-<, '7,. ~ 0' .( do,) \, ..; ~:r...~ ~... , 4'"" <> ~ ,-':0 ~ "'b.~~~ ~ ~" \r;" D~ V' \.~') 'L?'\ ~ ?,;fls r-- .~,L ~(;.~ f'o',p\.S 1\ " I. .., '''''...... - - .-\- '" - NOWOOV mSOdOHd M3N i-I - i J,,- " .. .~, :r--- , ""'- ~ ~ ~ ~. ~ --& \ -C\ .:.. ~.. ><.. ~ ," \Seminole County Property Appraiser Get Information by Parcel Number . . PARCEL DETAIL 'f,. Scn~fn(ik .,t€"MI!:1h' M~trC.t't v ~+pn.1j.4-~t' r &J-~'}(f:J,: . I rli t I{.. ~i~f~';: :--,~. ~~:"Hdi II ~I I' I. :-l1'7:1 .:i n '7 -Id'~'- : f,~h, Page 1 of1 2004 WORKING VALUE SUMMARY GENERAL Parcelld' 07-21-31-514-0000- Tax District. W1-WINTER . 0090 . . SPRINGS OWner. STERN VIRGINIA K Exemptions: oo-HOMESTEAD. Address: 1406 WINDING STREAM CT CitY,State,ZipCode:WlNTER SPRINGS FL 32708 . Property Address: 1406 WINDING STREAM CT WINTER SPRINGS 32708 Subdivision Name: BENTLEY CLUB AT BENTLEY GREEN Dor. Q1-SINGLE FAMILY Value Method: NU~ber of Buildings: Depreciated Bldg Value: Depreciated EXFT Value: Land Value (Market): Land Value. Ag: Just/Market Value: Assessed Value (SOH): Exempt Value: Taxable Value: SALES Deed Date Book Page Amount Vacllmp QUIT CLAIM DEED 04/1996 03195 0729 $98,500 Improved FINAL JUDGEMENT 05/1996 03058 1233 . $100 Improved WARRANTY DEED 03/1992 02403 0686 $69,900 Vacant WARRANTY DEED 03/1992 02403 0685 $65,200 Vacant Find Comparable Sales within this Subdivision Market 1 $244,527 $10,389 $53,000 $0 $307,916 $235,273 $25,000 $210,273 2003 VALUE SUMMARY Tax Value(without SOH): $5,031 2003 Tax Bill Amount: $3,899 . Savings Due To SOH: $1,132" 2003 Taxable Value: $205,886 DOES NOT INCLUDE NON.AD VALOREM ASSESSMENTS LAND . LEGAL DESCRIPTION PLAT LEG LOT 9 BENTLEY CLUB AT BENTLEY GREEN PEl 44 PGS 35 THRU 37 Land Assess Method Frontage Depth Land Units Unit Price Land Value' LOT 0 0 1,000 53,000.00 $53,000 BUILDING INFORMATION Bid Num Bid Type Year Bit Fixtures Gross SF Heated SF Ext Wall Bid Value Est. Cost New 1 SINGLE FAMILY 1992 11 3,560 2,624 CB/STUCCO FINISH $244,527 $256,049 Appendage I Sqft SCREEN PORCH FINISHED /322 Appendage I Sqft OPEN PORCH FINISHED /42. . Appendage I Sqft GARAGE FINISHED /572 EXTRA FEATURE Description Year Bit Units EXFTValue Est..Cost New FIREPLACE 1992 1 $1,400 $2,000 POOL GUNITE 1992 450 $~,300 $9,000 COOL DECK PATIO 1992 .810. $1,985 $2,835 WATER FEATURE .1992 1 $700 $1,000 .IRON FENCE. 1992 1 $4 $5 . NOTE: Assessed values. shown are NO T cerbfied values and.therefore are subject to change before being finah'zed for ad valorem tax urposes. ..... If au recentl rchased a homesteaded tax will be based on Just/Market value. ~ ATTACHMENT E CITY OF WINTER SPRINGS, FLORIDA 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA 32708 Telephone (407) 327-1800 April 5, 2004 To: John Baker, Senior Planner Dennis Franklin, Building Official Thru: Kip Lockcuff, P.E., Pl;tblic Works I Utility Director Subject: Proposed Addition at Mrs. Virginia Stern's Property at 1406 Winding Stream Court or Lot 29 at Bentley Cove at Bentlev Green The City staff held a meeting to discuss the proposed addition at the 1406 'Winding Stream Ct. The proposed addition would extend beyond the rear building setback and encroach into the 15 feet drainage easement at the rear of the property which is also adjacent to the Tuscawilla Golf Course. The 15 feet drainage easement is to the benefit of the homeowners association of Bentley Cove at Bentley Green. Present in the meeting were the City's Kip Lockcuff, John Baker, David Alamina, Zynka Perez and John Orkis, the property owner's representative. Prior to an application of a building permit for the proposed addition, the property owner must vacate the drainage easement or a part thereof and obtain a variance from the rear yard building setback. There are additional recommendations as follows~ I. The proposed addition must not be built directly over the (embedded) pipe in the drainage easement. 2. The property owner is recommended to provide a 'Hold Harmless Agreement' to the homeowners' association. 3. If the proposed addition were allowed, it is the opinion of the building department, that a special engineered plans for the foundation be part of the permit. This special engineering should address and verify measures taken for the soil bearing integrity of the foundation is maintained in the event excavation is necessary to repair or replace the drainage infrastructure in the event of failure of the drainage infrastructure. In short the building should be able to maintain structural integrity if excavations needed or the angle repose ofthe footing is to be violated. Prepared by: .. a.e - ~~id'minac--.6; , Stormwater Manager I Senior Building Inspector Cc: Mr. John Orkis for Mrs. Virginia Stern RECEIVED APR 2 7 2004 .j \ CITY OF \^I1NTER SPRINGS Current Planning ATTACHMENT F CITYOFWINTER~~~~~ BOARD OF ADJUSTMENT REGULAR MEETfNG - MAY 6, 2004 PAGE 3 OF 6 Chairman Waters asked Joan Brown [Deputy City Clerk] to check on availability to hold a Special Meeting for Mr. and Mrs. Phillip Tucker. Discussion. REGULAR Community Development Department B. Requests The Board Of Adjustment Hear A Request For A Variance By Virginia Stern From Section 20-103. Of The City Code Of Ordinances, To Encroach As Much As 10' (Ten Feet) Into The 20' (Twenty Foot) Rear Building Setback. The Variance Is Contingent Upon The City Vacating A Portion Of A Private Drainage Easement Along The Rear Of The Property (Separate Action By The City Commission.) Mr. Baker presented this Agenda Item. Mr. Baker said, "We [Staff] have looked at this request according to the six (6) Variance Criteria and of course you have to meet all six (6) of those [Variance] Criteria and we [Staff] do not think they do," Discussion. Board Member Diller confirmed, "Your conclusion is that they do not meet any of the six (6) [Variance Criteria]. Is that correct?" Mr. Baker replied, "That is correct." Ms. Virginia Stern, 1406 Winding Stream Court, Winter Springs, Florida: briefly addressed the Board. Mr. John Orkis, 951 Wedgewood Drive, Winter Springs, Florida: spoke on behalf of Ms. Stem regarding the request for a Variance. Tape l/Side B Much discussion ensued. Mr. Steve Cox, President of the Bentley Green Homeowners Association, 876 Bentley Green Circle, Winter Springs, Florida: briefly addressed the Board. Mr. Rudi Stockhammer, Chairman of the Architectural Review Board/First Vice President/Treasurer of the Bentley Green Homeowners Association, 856 Bentley Green Circle, Winter Springs, Florida: spoke in favor of the "Variance" Request. Mr. Stockhammer stated, "The Architectural Review Board has looked at the plans and we are fine with the plans as long as they build according to Code of Winter Springs and the other Codes." Mr. Stockhammer added, "The Architectural Review Board has asked - all CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - MAY 6, 2004 PAGE 4 OF 6 the neighbors are being asked whether they agree with it or do not agree." Mr. Stockhammer indicated, "Everybody agreed." Much discussion. "I MAKE A MOTION TO APPROVE THE REQUEST FOR VARIANCE AND PASS IT ON TO THE CITY COMMISSION FOR THEIR FINAL APPROVAL." MOTION BY BOARD MEMBER FAIRCHILD. WITH DISCUSSION, BOARD MEMBER FAIRCHILD WITHDREW HER MOTION. "I WOULD LIKE TO MAKE A MOTION THAT WE RECOMMEND TO THE CITY COMMISSION THAT THEY APPROVE - THE VARIANCE AS REQUESTED." MOTION BY BOARD MEMBER DILLER. SECONDED BY BOARD MEMBER CASMAN. DISCUSSION. MR. BAKER SAID, "IF AT SOME POINT, IF THIS MOTION CARRIES, COULD I GET EVERYBODY TO ELABORATE. I FEEL EACH ONE - OF THESE POINTS IS COVERED." CHAIRMAN WATERS REMARKED, "THAT IS A GOOD POINT. WE DO NEED TO RECOMMEND TO THE [CITY] COMMISSION AS TO HOW THESE SIX (6) [VARIANCE CRITERIA] POINTS ARE AFFECTED BECAUSE THAT IS WHAT OUR MOTION NEEDS TO BE BASED ON." FURTHER DISCUSSION ENSUED. Tape 2/Side A DISCUSSION. BOARD MEMBER DILLER REITERATED HIS MOTION AND STATED, "THE MOTION - WAS TO FORWARD IT WITH A RECOMMENDATION FOR APPROV AL." CHAIRMAN WATERS ADDED, "SO EVERYONE UNDERSTANDS - IF YOU ARE VOTING TO APPROVE THE VARIANCE - YOU WOULD VOTE YES, IF YOU ARE VOTING NOT TO APPROVE THE VARIANCE, YOU WOULD VOTE NO." VOTE: BOARD MEMBER CASMAN : AYE CHAIRMAN WATERS: NAY BOARD MEMBER FAIRCHILD: AYE BOARD MEMBER DILLER: NAY MOTION DID NOT CARRY. CITY OF WINTER SPRINGS MINUTES BOARD OF ADJUSTMENT REGULAR MEETING - MAY 6, 2004 PAGE50F6 Chairman Waters said, "It will go to the [City] Commission. You [Mr. Baker] will let the applicant know what the date will be?" Mr. Baker said, "That will be the second Meeting of this month." IV. FUTURE AGENDA ITEMS Mr. Baker said, "We have a 'Conditional Use' for multi-family - condominiums - fifteen (15) acres right next to Golf Terrace." Board Member Fairchild asked Mr. Baker, "Do you want something in writing?" Mr. Baker said, "I just need to have the reasoning behind a recommendation of approval, because it is very difficult to say, well, the Board recommends approval and disagrees with Staff for the following reasons if you do not know the following reasons." With further discussion Chairman Waters suggested another Meeting with Mr. Anthony A. Garganese, City Attorney, to discuss the six Variance Criteria. Chairman Waters stated, "That might be something that we might want to consider - if you all want to, we can ask to do that in the next couple of months - sit down and talk to him [Attorney Garganese], ask him questions." Board Member Howard Casman asked, "Is there anywhere I am going to find a further explanation of these six (6) [Variance Criteria]?" Mr. Baker stated, "It is in the Code." Discussion. V. REPORTS Mr. Baker pointed out that there will be a Board of Adjustment Special Meeting scheduled before the next Regular Meeting. VI. ADJOURNMENT "I MOVE TO ADJOURN." SECONDED. DISCUSSION. MOTION WAS APPROVED. MOTION CARRIED. MOTION BY BOARD MEMBER DILLER. WITH CONSENSUS OF THE BOARD THE