HomeMy WebLinkAbout2011 04 06 Public Hearings 500 Request For Conditional Use for Attached Accessory Dwelling UnitPLANNING &ZONING
AGENDA
Consent
ITEM 500
Consent
Informational
Public Hearing X
Regular
April 6, 2011 MGR. /DEPT.
Meeting
REQUEST: The Community Development Department recommends the Planning and
Zoning Board hear a request for a Conditional Use within the City of Winter Springs RC-
I zoning District (Residential Rural FLU designation), to allow construction of an
approximately 585 square foot attached accessory dwelling unit (ADU) above a private
garage, attached to the principal structure, on approximately 27 acres.
SYNOPSIS: The purpose of this agenda item is to consider the appropriateness of the
proposed accessory dwelling unit above an attached 3 car private garage, pursuant to the
criteria set forth in Section 6 -85 and Section 20 -33 of the City Code of Ordinances.
Section 6 -85 allows a maximum of one accessory dwelling unit (a maximum size of
800 SF or 30 percent of the air conditioned area of the principal structure,
whichever is less), subject to a conditional use in the RC -I zoning district.
CONSIDERATIONS:
FUTURE LAND USE & ZONING DESIGNATION:
FLU Rural Residential
Zoning RC -I
APPLICABLE LAW AND PUBLIC POLICY:
Cht. 6, Sec. 6 — 85. Accessory dwelling units.
Cht. 9, Sec. 9 -277 (2) Off - street parking requirements.
Cht. 9, Sec. 9 -607. Residential compatibility and harmony regulations.
Cht. 20, Sec. 20 -1. Definitions.
Cht. 20, Sec. 20-33. Conditional Uses.
Cht. 20, Div. 3: RC -I Single - Family Dwelling District. (Sec. 20 — 141 thru 20 — 148).
April 6, 2011
Public Hearing 500
Page 2 of 3
DISCUSSION:
The applicant, Richard Roy, is currently building a home with approximately 4,200 SF of
air conditioned space (exclusive of the garage or proposed ADU) on a relatively isolated
and irregularly- shaped 27 acre parcel, accessible from Shore Road by an easement. The
portion of the site where the principal and accessory dwelling units are proposed is
largely surrounded by the City's spray field properties.
The proposed attached ADU is approximately 585 SF and will be located 65 feet from
the side property boundary and 55 feet from the rear property boundary (City -owned
spray - field). The private garage is proposed with a total height less than or equal to that
of the 4,200 SF primary structure (both are less than the 35 foot maximum height in the
RGI zoning district, as building height is defined in Sec. 20 -1 of the Code).
The applicant must provide evidence that the proposed structure meets the criteria set
forth in Subsection 6 -85 of the City Code as well as the conditional use criteria in Section
20 -33. The attached application package includes the applicant's responses to the
Section 20 -33 criteria, floor -plan and renderings of the proposed structure, and the plot
plan of the pertinent portion of the subject parcel (with the proposed structure).
FINDINGS:
1. The request is consistent with the applicable goals, objectives and policies of the
City's adopted Comprehensive Plan.
2. The site has a Residential Rural FLU designation and RC -I zoning.
3. The proposed ADU meets the zoning, building setbacks, building height and number
of stories, lot coverage, parking, potable water, sanitary sewer, minimum lot size, unit
size, and building design criteria for a conditional use, set forth in Section 6 -85 of the
Code.
4. The applicant has stated that he will reside in either the principal structure or the
proposed ADU.
5. The request is consistent with the conditional use criteria of Section 2 -33 of the City
Code, and with all applicable requirements, below:
S: \dept - Community Development \Planning \2011\P & Z \2011 04 06 P &Z PH 500 Roy ADU CU.doc
April 6, 2011
Public Hearing 500
Page 3 of 3
a. Whether the applicant has demonstrated the conditional use, including its
proposed scale and intensity, traffic- generating characteristics, and off -site
impacts, is compatible and harmonious with adjacent land uses, and will not
adversely impact land use activities in the immediate vicinity. Staff believes
that the proposed 585 SF ADU above the attached 3 -car garage, has
minimal off -site impacts, is harmonious with and will not adversely affect
surrounding land use activities.
b. Whether the applicant has demonstrated the size and shape of the site, the
proposed access and internal circulation, and the design enhancements to be
adequate to accommodate the proposed scale and intensity of the conditional
use requested. The site shall be of sufficient size to accommodate design
amenities such as screening, buffers, landscaping, open space, off - street
parking, and other similar site plan improvements needed to mitigate against
potential adverse impacts of the proposed use. Staff believes that the
relatively isolated 27 acre parcel meets this criterion.
c. Whether the proposed use will have an adverse impact on the local economy,
including governmental fiscal impact, employment, and property values. It
appears that the proposal would affect all of these in a positive manner.
d. Whether the proposed use will have an adverse impact on the natural
environment, including air, water, and noise pollution, vegetation and wildlife,
open space, noxious and desirable vegetation, and flood hazards. Staff
believes that the proposed use will not have an adverse impact on the
natural environment.
e. Whether the proposed use will have an adverse impact on historic, scenic, and
cultural resources, including views and vistas, and loss or degradation of
cultural and historic resources. Staff does not believe that the proposed use
will have or create any of these adverse impacts.
f. Whether the proposed use will have an adverse impact on public services,
including water, sewer, surface water management, police, fire, parks and
recreation, streets, public transportation, marina and waterways, and bicycle
and pedestrian facilities. Staff does not believe that the proposed use will
have or create any of these adverse impacts. The applicant needs to
demonstrate adequate legal and stabilized access to the site exists for the
accessory dwelling unit.
g. Whether the proposed use will have an adverse impact on housing and
social conditions, including variety of housing unit types and prices, and
neighborhood quality." Staff does not believe that the proposed use will
have or create any of these adverse impacts.
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April 6, 2011
Public Hearing 500
Page 4 of 3
FISCAL IMPACT:
Improvements that are installed on existing residential properties typically result in
an increase to the taxable value of the property. In this case, the value lies primarily
in the property owner upgrading his investment.
COMMUNICATION EFFORTS:
This Agenda Item has been forwarded to the Mayor and City Commission; City
Manager; City Attorney /Staff; placed in Press Packets; placed in the City Hall (Lobby)
City Commission Meeting binder; and is available on the City's Website, LaserFiche, and
the City's Server. Additionally, information related to this Agenda Item has been sent to
media /press representatives who have requested Agendas /Agenda Item information, all
Homeowner's Associations on file with the City, all individuals who have requested
Agendas /Agenda Item information, Department Directors; and also posted outside City
Hall; posted inside City Hall with additional copies available for the general public; and
posted at five (5) different locations around the City.
A substantial and conspicuous sign has been erected at the site to notice the public
hearing and property owners within 150 feet of the site have been notified by mail in
addition to the postings by the City Clerk's office.
RECOMMENDATION: Staff recommends that the Planning & Zoning Board
recommend approval for the conditional use request for the 585 SF attached Accessory
Dwelling Unit above a 3-car private garage at 415 Shore Road, subject to demonstrating
adequate legal and stabilized access to the site for the accessory dwelling unit.
ATTACHMENTS:
A. Location Map
B. Application package
C. Section 6 -85
S: \dept - Community Development \Planning \2011\P & Z \2011 04 06 P &Z PH 500 Roy ADU CU.doc
Roy (Property Location Map
ATTACHMENT A
375 750 1, 500 Feet
ATTACHMENT B ✓ i 1 c
CITY OF WINTER SPRINGS
COMMUNITY DEVELOPMENT DEPARTMENT L(
1 126 STATE ROAD 434
WINTER SPRINGS, FL 32708 � *�
407 - 327 -5966
X; -327-6695
APPLICATION FOR CONDITIONAL USE PERMIT
FOR AN ACCESSORY DWELLING UNIT"
What is an Acce ssory dwelling un
An ADU is an ancillary or secondary dwelling unit that is clearly subordinate to the principal dwelling, which has a
separate egress/ingress independent from the principal dwelling, and which provides complete independent living
facilities for one l o r more persons and which i cludes provisions for living, sleeping, eating, cooling, and
sanitation. It is located on the same parcel or lot as the principal dwelling and shall be subject to the required
setbacks of the principal structure and may be either attached to or detached from the principal dwelling. (See See.
6 -85. Accessory Dwelling Units).
What is the Approval Process for
Two public hearings are held, one at a Planning and Zoning Board meeting and the other at a City Commissio
meeting. Meetings are noticed to all property owners within 150 feet of the subject property. An ADU will NOT be
-approved if prohibited by the declaration s, covenants, conditions and re stri efion s of a horn own r ' association.
The CITY COMMISSION shall reader all final decisions regarding the conditional use request and may impose
reasonable conditions on any approved conditional Use to the extent deemed necessary and relevant to ensure
compliance with applicable criteria and other applicable provisions of the City Code and Comprehensive .plan. All
formal decisions shall be based on competent substantial evidence and the applicable criteria as set forth in Sec.
d and Sec. 6-85. APPLICANTS shall be afforded mmi imal due process as required by law, including the right to
receive notice, be heard, present evidence, cross - examine witnesses, and be represented by a duly authorized
representative. APPLICANTS are advised that if, they decide to appeal =y decisions made at the meetings or
hearings with respect to any matter considered at the meetings or headng , they will Freed a record of the
prmeedin s and, for such purposes, they will need to ensure 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, pursuant to Section
2 86.0105, F .
If the Conditional Use approval is granted, PRJOR to receiving a building permit, the APPLICANT must file
Declaration of Rest fictions with the Seminole County Clerk of the C ourt public records containing a reference to the
legal description of the property and the deed under which the property was conveyed to the present owner stating:
1. The ADU shah not be sold or conveyed separate from the principal residence-
2. The ADU is restricted to the approved size;
3 . The use permit for the ADU shall be in effect only so long as either ffie pnincipal residence or the ADU is
occupied by the owner of record as their principal residence;
4. The declaration s shall n with the land, shall be binding upon any successor in ownership of the propel
and that noncompliance shall he cause for code enforcement and/or revocation of the conditional use permit;
5 , The deed restrictions shall only be removed with the express written approval of the City but shall lapse upon
removal of the accessory unit; a nd
6 . The ADU shall not be used for commercial purposes other than being leased for residential purposes.
As with all Conditional Use approvals, if a building permit has not been issued within two years for the ADC.,
the approval becomes null and void, unless extended, by action of the City Conunission. If the building permit
subsequently expires and the subject development project is ba doned or discontinued for a period of six months,
the Conditional Use shall be deemed expired and null and void. (Sec 20-36.
ort iiwed = Next Pop
=V ,t
MAR 0 1 °f'
APPLICATION FOR CpNb('['[OhAI, USE PERAkIT FOR AN ACCESSORY DWELUIVG UNIT 2o I I 00 �z
IN
AL
'irsf ,Middle
LAd k
cis cAtate Zip Code
BONE MAI ' Qv 0;::�
` AoI� does NOTown the ro rty:
PROPERTY OWNER:
.Last First Middl
MAILING ADDRESS:
City State Z ip Code
PHONE & EMAIL
This request isfor the realproperty described b el ow:
PROPERTY ADDRESS: q 1 5 5� �' O . .. ...... ....
10
TAX PARCEL NUMBER: AG '" O — '5/4 6 o Q G
Property's ZONING CLASSIFICATION: 1` C w
Is the Property subject to Declarations, Covenants, Conditions and Restrictions of a omen e ' Association?
E3 YES* aye qf,oeonr Ass
If YES, is e ca on that the ADU has been Approved by the Homeowners' Association included with this
Application? 0 YES 11 NO If , Do Not Submit Applicallon until Obtain
SIZE OF LOT/PARCEUPROPERTY: <; � - 7 a c v 5
Square Feet (R equired to be at l east 6 600 SF
SIZE OF RESIDENCE (Air Conditioned Ar O 4/ 1 f
Square Feet (Required to be at least 1350 SF
9
SIZE OF PROPOSED ,VDU it Conditioned Area (only): � -4> S� ��
Square Feet Ai .Least 400 SF; BUT Not larger than 0 o ` esiden e Size stated move OR 800 SF whichever is less)
C ontinued on Next Page
2of5
APPUCATf( N FOR CONDMONAL USE PERA MT FOR AN ACCESSORY DY W NIT
&DU USE PERMIT QUESTIONAIRE Cad of Ordinances, Section 6-85 & 20- 33(d) :
I . Does a Single Family dw lm g currently exist on the property OR will a single family dwelling be constructed i
conjunction with the Al >(. YES 0 NO
1 Is the proposed ADD att coed to OR detached from the Principal Dwelling
ling
�( ATTACHED 0 DETACHED
3 . will the property owner occupy either the p neipal dwelling or the ADU?
A YES 0 NO
4. does the ADU meet the front, side da rear yard zoning regulations (setbacks)?
YES 0 N
5 . what is the proposed height of the ADU? Does it meet the, building height zoning regulations?
11� YES 0 N
6 . Does the sum o f the principal dwelling and the ADU meet the zoning district's lot coverage regulations?
�K YES 0 NO
7 . How many on -site parking spaces are provided? Has at least one 1 parking space been
provided nwtc for ADU addition refired of parking spaces re for the pr
residence? )< YES 11 NO
9 . Is the ADU served by the same dri ewa r as the principal residence
DES 13 NO
9 . goes the design of the ADU replicate the design of the principal dwelling by use of similar exterior wall
materials, window types, doers and window trims, roofing materials and roof pitch and is this illustrated in the
submitted materials? YES 13 NO
10 Is th e ori entation of the ADU such that it considers the privacy of the adjacent properties`?
V YES 0 NO
11. noes landscaping provide for the p nivacy and screening of adjacent properties from the ADU?
`s
YES 0 NO
12 Are any e xisting gees required to e removed? (If yes, please specify n= er and size,)
YES )< N
1 3 . 1 s the proposed scale and intensity , traffic gen eratin g char acte stics, and oMite impacts of the A DU compatible
and barmonious with adjacent land uses?
119� DES 11 N
14. Is the size and shape of the propel, the proposed access and in temal circulation, and the design enhancements
adequate to accommodate the scale and intensity of the ADU and design amenities such as screening, buffers,
landscaping, open space off parking, and other similar site plan improvements needed to mitigate against
potential adverse impacts of the pro o ed se
YES 0 NO
15. will the A LJ have an adverse impact on the local e governmental fiscal impact, employment
and property values; YES X N O
C ontinued an pct Page
APPUCATION FOR NDiT NAL USE P tMT FOR AN ACCBSORY DWEWNG U NFT
16. W i ll th ADU have an adverse impact on nat ral environment, including air, water, and noise p ollution,
vegetation and wildlife, open space, noxious and desirable vegetation, and flood ards
El YES o
17� Wi the ADS' h ave an a impact on bistoric, scenic and cultural resource s, i cl din views and vistas and
loss or degradation o cultural and 1storie resources?
YES 16 N
18. will the ADU have an adverse impact on public services, including water, sewer, surface water management,
police, fire, parks and recreation, streets, public tran sportati o n, m ariDa an waterways, an bicycle and p edesuian
facilities?
YES N
19. Will the ADU have an adverse impact on housing ' d social conditions, including types and prices, and
neighborhood quality* 0 YES N
THE FOLLOWING ITEMS ARE TO BE SUPPLIED WITH THI§ APPLICATION:
copy of the most recent SURVEY of the subject property;
El SITE FLAN illustrating location of buildings, vehicular circulation, and on parking;
0 FL OO R PLAN. of ADU with dimensions:
0 BUILDING ELEVATIONS W) illustrating both Primary Residence and ADU from all sides,
❑ IDENTIMATION of MATERIALS, TEXTURES, COLORS on both primary Residence and A k
J USTIFICATION for the Request: roved documentation in support o f the answers given on -page 4,
{ F re ca ple, bow the size and shape of the site, the proposed access and internal circulation, tion, and
f
the design enhancements are adequate to accommodate the scale and intensity of the A U;
- OTHER architectural and engineering data as may be requested to clarify the application;
11 x 17 MAC' showing ADJACENT STREETS and PROPERTIES within 5 ' of the Subject Property,
0 NAMES and ADDRESSES of each propel owner wi thin 150 ft. of each property line
(Note: This information is available from the Seminole County Property Appraiser,)
0 V dfication OF HOMEOWNERS' ASSOC APPROVAL if Applicable);
Notarized AFFIDAVIT of the Applicant (see next page);
l Notarized A€ t orizafbn of the OWNER if the Applicant is not the Owner or Aftomey for the Owner
(see next page);
SUBMITTED DRAWINGS:
For S taff review: Twelve: (12)" 11 x 17 copies, PLUS O ne (1) p df e co py., t hen
For P&Z Board: Twelve (1 0) 11 x 17 copies, PLUS One 1 df electronic copy, them
For City Commission: Twenty -one 1) 1 1 x 17 copies, PLUS One 1 pdf electronic copy.
APPLICATION FEE- CONDITIONAL USE Review and Consideration- $ 500
FEES are as SHOWN plus ACTUAL COSTS xncuuod for ADVERTISING or NOTIFICATION, and for
REIMBURSEMENT for TECHNICAL and/or PROFESSIONAL SERV ICES which may b e 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 perti nent stage of development.
Continue on Next Page
AP A` 10N FOR CONDITIONAL USE PERMT FOR AN ACCESSORY D LLr G UNrT
APPLICANT'S AFFI AVIT
This is to certify that I am the APPLICANT for the Conditional Use Request desenibed within this Application
and that ALL THE INFORMATION IS ACCURAT
B y s br ' g this application I hereby grant temporary right of e txy for City officials to enter upon the subject
prope pwpgp s of evaluating this application.
Sign6ture of APPLICANT
two and subscribe4 before me this
day of
kf��P ersonally Known
Produced Identification;
y.
Did tak an Oath
Did Not take an Oath
IF APPLICANT IS NQ�T OF THE SUBJECT REAL PROPERTY
o hereby, witb nay notarized signature, allow
(Property ICE
to represent me in this Application related to my
(APPLICANT)
property identified as: Tax Parcel Number
Loca at
S ignature of OWNER(S)
Sworn to and subscribed before me this
day of 0 ___
Personally Known
Produced ID: Type
Did tie are Oath
Did Not take an O
...................
Notary Pu blic
My Commission expires:
Notary Public
My Conunission expires:
Amy ft& ftim ^rAm II ^At*11J
WY UNM""
EXPIRES: Sepmft 24,201
Bw4id Thm &d$ Way Wym
END OF DOCUMENT
I
Ad property owners:
1 * City of Winter S prings.
1126 State Rd 434
Winter Springs, FL 32708
2. Progress Energy
PO Box 14042
St Pe F 33733
3. Seville Chase HOA Inc, Sentry MGMT In
2180 W SR 434 #5000
Lo FL 32770
Mike Jones
560 Dunmar Cir
Winter Springs, FL 32708
5, Howard Nell or
572 Dunm Cir
Winter Springs, L 32708
6. John Al
106 via Cel Rd
!hinter Springs, FL 32708
T. James & Nancy Campbell
566 Dunmar Cir
Winter Springs, FL 32708
t
t ol l
R ING'
hill
tr 11'1,+4tiax�rS
Seminole County Property Appraiser Get Infonnation b Parcel Number Page I of 2
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VALUE SUMMARY _
., �..,w.........,.�.......�...:, 1 �.... ,rw .• 1•
VALUES! W or king: :
or ki Certified;
GENERAL w,..... „ ,....,,....�.r,.. Value Method o tll larl t �.... �. C ost/Market
Parcel id: -20 30- -t D -�i' f umb- r f lId-in �..� ww_ 0
O wner: ROY RICHARD E & KATHLEEN LEEI J
De € ted m BldO Value x 0 0.r
Mailing Adore 0 TEL1lE OAKS �3R
Depreciated EXFT Value 5 0
#ty,State WINTER SPRIN FL 32708
Land Value ( arkeQ i $172,590 $17 2,590
Property Address: 415 SHORE D X1'1l1 TE SPRINGS 32708
Land Value A $0
Facility Name:
Tax Di 111-�T Pf1hi �t#artCet a 2 "� 1�3
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Pa rtablit y Adj 0 Q
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.,,_ ., ��., .�_� .�Arr�en�irnent „1 �- �,,,,,, .., ..., ....�, ..... , rv.o, 0
As sessed Value ISO . $172, 90 $172,590
.. ... ..... .. .. r�.r�k.�..,...�w Tex Estimator
�.�.�......,.� rws.ar.a:.,.r.},,.w«;�:rx� ' :a.,w.,wa,.w ,• rw :rc....i.:,..+r.w�} ........, ..� y,.:,..:,:..w.r..h,•r.
r 20 11 TAXABLE VALUE WORKING ESTIMATE
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qty Assessment Value x t Values I Taxable Value
County General Fund $172 $01 $172,590
Amendm 7 adjustm ent is riot appli ab le to schoof ass essr erxt) Schools . $'172,590 � $01 $172,590
r<.,,.....}. �. Y.. n.,... �.... ..�,A,.�.Y.�,.... � ..�.�..�. �r...-... M..... �._. r�. .�....�.:�.,,.,,..r.......r,..� ..�.�..,.�,.�rn..h'
Winter Sp rings Bond rv- $170 �`r�...r�.,�..r.�.�.. $0'
$172,3
..- w�w+•�+r rv�• �+ rv�++ rm��NW' �r�.. w wr+•hw+•� . �.+�++'.• , •• .a::.: .x. , tiwm r+ti w+ �rv. w+ �r�• W+ �• Nwn• w+ rv+• vw+• p.. wr. �rww. rw� r.. w+ wxww rr;:.- r. ��w+ Nrr�xr• w+ +rvW�+•�•r�+� +��+•�+�.w.�.rw�rww
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1 1 72,590E $ 172,590
.. �:,. �, �'.. r. �,: �;.:,.., �:: �.;.. c.. ��: r.,;. �„ w�.,:: r. �..,-.,-. �-. r-. r, �—. �,-„- w-,. �. �-. �, w,. �, w, �„ �s,..;,. �. �,.: r, �;.. �...,. �, �,. �;, ��.., �,;, �„-. �„ �,,. �w, w,- �„ �.. �,. �-.. �r�- �.,, rv.,,. �..,;,.,,.;, �,;.;. �. �.. �w,.;,. �,. r�.. r�-:. �w�:, ,.�.,,�- .�,.�..,,.�- r.�w,.,�r�: ,- rv. rv, r�,.,; �.,, r. ��s-„ �. �; a.: �, �; �.,. �,; ��,. ��, w; w, �N�,. �,. �-.. �- �- w. w��,.,, �:. ��.. �, �,;. �, �.;. �; �„ �,. �;. �,.. i. �,. �, a;.. �. �„„ w,,., ww. i-„ w„„- r-. �,,, �, w-- ���-, �-, r- ,r•.M.rv,.�;.�,..,,..;..,.o.�.
City Winter Springs $1 $172,590
SJ (Saint Johns Water Management) $172,5901- 0 1 $172 } .,;- n, 590
r. r�t B on d s , r.4., r . �.�..�.m�..,�..........�.. $ 172 , 590 , �.,r � ., � ,,,,,,,,,,,,,,, �..,. �,.,. rr ,�.�v.�
The taxable .slues and takes are calculated using the cur rent years working values and the prior gears approved millage rates.
SALES
Deed Date Dock Page Amount Va ti p Qualified
SPECIAL WARRANTY DEED 0312008 7� Q26 1.066 $3,000 Vacant
No
CORRECTIVE DEED 1112007 _ Q 6871 Q $100 Vacant
N
SPECIAL WARRANTY DEED 09/2007 08842 1.504. $100 Improved
No
WARRANTY DEED 07/2004 Qk4l 8 OA 4 $20€1,00€1 Vacant
Yes
TRUSTEE DEED 12/1995,030.1 15J $100 Vacant
No
C ERTIFICATE of TITLE 0111 977 1 J 11 *1932 $100 Vacant
No
Find Sales within this DOR Cade
2010 VALUE SUMMARY
iTa 1 X _ - 111 04r o rat; $3,137
2910 ertifEe�i x b,1.. , raid Taxes
DOES NOT INCLUDE NON -AD VALOREM ASSESSMENTS
LEGAL DESCRIPTION
PLATS:. Pick...
. ,nt
LAN
Land Assess Method Frontage Depth Land Units Unit Price Land Value
ACREAGE 0 0 21.300 40,00100 $170,400
ACREAGE 0 0 5.140 400,00 $2,056
A 0 0 1.340 10Dr00 $134
p'f1t
FROM NE C OR NORTH ORLANDO RANCHES SEC 1 PB 12
PG 3 RUN S 07 DEG 11 WN 37 SEC E 20,93 FT N 83 DEG
37 MIN 55 SEC E 3458.95 FT S 07 DEG 04 MIN 22 SEC E
6 8.22 FT S 0 4 DE 57 MIN 42 SEC 123.38 FT
44 MIN 02 SEC W 1327.88 FT TO BEG RUN S 05 DEG 11111
30 SEC W 805,88 FT S 83 DEG 44 MIN 33 SEC W 666.11 FT
S 04 DEG 57 MIN 30 SEC W 2112,72 FT S 83 DEG 37 MIN 3
SEC VIA 268 +27 FT N 01 DEG 27 MIN 55 SEC E. 2274.21 FT i
3 DEG 37 M 55 SEC E 300.1 FT N 42 DEG 3 2 MIN 55 SEC
E 547,23 FT N To A PT S 83 DEG 44 MIN 02 SEC W OF BE
N 83 DEG 44 MIN 02 SEC E 443,04 FT TO BEG & EEG
71 113.6 FT S 07 DEG 11 MIN 37 SEC E FROM N COR of
NORTH ORLA RANCHES SEC 1 RUN S 79 DEG 39 MIN
35 SEC E1 4.12FTS57DEG 02 I 13 SEC E51,99FT'S
79 DEG 39 MIN 35 SEC E 114.46 FT S 5,10 FT S 79 DEG 3
M IN 35 SEC E 351.41 FT S 65 DEG 04 MIN 35 SEC E 230.00
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LEVY GRANT ON LAKE JESSUP NA r so4w 2�4. PACE' se SAID ORLANDO RANCHES SEC7YON 1, A DISTANCE Or 20,93 FEET; THENCE LEAVING SAID EAST BOUNDARY LINE,
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BLOCK D 833755" EAST, 1768.72 FEET TO A POINT ON THE EAST LOT LINE OF LOT 99, BLOCK D, D.R. MITCHELL'S SURVEY OF
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Ci RUN THENCE SOUTH 07*04'22' EAST ALONG SAID EAST LOT LINE 68.22 FEET TO A POINT ON THE WEST BOUNDARY LINE
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ATTACHMENT C
Sec. 6-85* Accessory dwelling units.
Accessory dwelling units As must conform to the following standards:
( a ) Zonings district. A property owner may request a conditional use a pproval to allow one 1
accessory dwelling unit in any o t following zoning districts:
R -1'AAA Single-Family Dwelling District
R _ Single - Family Dwelling District
R -IAA and -1A One - Family Dwelling Clstrit
R-1 One-Family Dwelling District
Planned Unit Development District
(b) Existing development on lot. A single - family dwelling shall exist on the lot or will be
constructed in conjunction with the A.
( c) Location. The ACLU may be attached to r detached from the principal dwelling.
( d) O occupancy required; declaration of restrictions. The property owner shall occupy
either the principal structure or the Ai. Prior to the issuance of a building permit for
construction of an ACLU, a applicant shall record in the public records of Seminole County
declaration of restrictions containing a reference to the legal description of the property and the
deed under which the property was conveyed to the present owner stating that:
( 1) The ADU shall not be sold or conveyed separate from the principal residence,
( 2) The A U is restricted to the approved size;
( 3) The use permit for the ACLU shall be in effect only so long as either the principal residence
or the ADU is occupied by the owner of record a their principal residence;
( 4 ) The declarations shall run with the land, shall be binding upon any successor in ownership
of the property and that noncompliance shall b cause for code enforcement and /or revocation
of the conditional use permit;
( 5) The deed restrictions shall only b removed with the express, written approval of the city,
but shall lapse upon removal of the accessory unit and
( 6) The ADU shall not b used for commercial purposes other than being leased for residential
purposes.
( e) Number of Us per lot or roe /. Only one 1 ADU shall be allowed for each lot or
parcel.
(� Setbacks. The ACT shell meet the front, side and rear yard regulations for the zoning
district in which It is located.
( Bu ilding height and stories. The ADU shall meet the building height regulations for the
zoning district in which it is located.
(h) Lot coverage. . The sum of the principal dwelling and the ADU shall meet the lot coverage
regulations for the zoning district in which they are located.
( 1) Pand access. A minimum m of one 1 parking space shall b provided on -site for the
ADU in addition to the required off - street parking spaces required for the principal residence.
The ADU shall be served by the same driveway as the principal d
Mater and wastewater series, An ADU is required to connect to the central water and
sewer system where a v a il a ble. An ADU may be se p a r a tely metered for utilities subject to all
applicable ordinances and utility policies. Where central water and sewer service is not
available, the septic system and well shall meet the capacity requirements.
( k) Other code requirements. The ADU shall comply with all applicable building codes.
(1) Lot size., minimum; rm principal residence minimum. A minimum lot size of six thousand six
hundred (6,600) square feet is required and the principal residence shall be a minimum of one
thousand three hundred fifty X 350) square feet of air conditioned area.
( m) Unit size. The living area of the A U shall be a maximum of thirty 3 percent of the air
conditioned area of the principal residence or eight hundred (boo) square feet, whichever is
less. However, the ACLU shall contain no less than four hundred oo square feet of air
conditioned area. AUs that utilize alternative green construction methods that cause the
1
exterior gall thickness t greater than normal shall have the unit square footage size
measured similar to the interior square footage of a traditional frame house.
( n) Design. The ADU shall replicate the design of the principal dwelling b use of simil
exterior wall materials, window types, door and wi d ' trims, roofing materials and roof pitch.
The design is subject to the minimum community appearance and aesthetic review standards t o
ensure -residential compatibility and harmony (see section -600 et. seq.).
.: Privacy. Privacy and screening of adjacent properties is of utmost importance in the
orientation of the ADU. Entrance and windows w f the shall face the interior of the lot
and/or public street as much as possible. Windows i h do face the adjoining property shall
be designed to protect the privacy of neighbors. Landscaping shall be used to further provide
for the privacy and screening of adjacent properties.
( p) Ex As with all conditional use approvals, if a building permit has not been issued
within two 2 years for the ADU, the approval becomes null and void (see section 20-36).
( Approval process. The conditional use /aesthetic review approval of an ADU is subject to
public hearing. A notice will be seat to all property owners within one hundred fifty {150} feet of
the subject property. An ADU will not be approved if prohibited b y the declarations, covenants,
conditions and restrictions of a homeowners' association. The city. commission may impose
reasonable conditions of approval to the extent deemed necessary a relevant to ensure
compliance with applicable criteria and other applicable provisions of the city code and
comprehensive iv plan (see section 20-27 and section 20-33).
(Ord. Igo. 2010- § 2 10-25-10)
2