HomeMy WebLinkAbout2013 01 28 Public Hearing 504 749 N. Gretna Court Waivers
COMMISSION AGENDA
Informational
Consent
ITEM504
Public Hearings
X
Regular
January 28, 2013KSRS
Regular MeetingCity ManagerDepartment
REQUEST:
The Community Development Department - Planning Division requests the City
Commission hold a public hearing for property located at 749 N. Gretna Court, for
approval of a waiver to Section 20-353 (e)(2) (c) of the City Code, to permit a rear
setback encroachment from 25-feet to 10-feet in The Highlands, Section 4 PUD (Planned
Unit Development) for an existing room addition.
SYNOPSIS:
The applicant is requesting approval of a waiver to Section 20-353 (e)(2) (c) of the City
Code to permit a rear setback of 10-feet for an existing room addition. The applicant
recently purchased the home located at 745 N. Gretna Court. Following purchase of the
home, foundation problems were discovered. The applicant submitted a building permit
application to the City to correct this problem. Upon review of the building permit
application by the Building Official, it was discovered that the rear portion of the
building, which is a room addition, encroaches 15-feet into the required 25-foot rear
setback and was apparently built by a previous owner without a permit. A 25-foot rear
setback is required per The Highlands homeowners association (HOA) documents. The
permit application was denied due to the setback encroachment of the existing room
addition. Subsequently, the applicant requested a waiver to permit the room addition in
the rear setback in order to facilitate correction of the foundation problems.
CONSIDERATIONS:
FUTURE LAND USE AND ZONING DESIGNATION
FLU: Low Density Residential
Zoning: PUD (Planned Unit Development)
Public Hearings 504 PAGE 1 OF 5 - January 28, 2013
APPLICABLE LAW &, PUBLIC POLICY
City of Winter Springs Comprehensive Plan
City Code, Chapter 20, Section 20-34, Waivers
City Code, Chapter 20, Article IV, Planned Unit Developments, Section 20-353 (e)(2) (c),
Conflicts.
The Highlands, Declaration of Covenants, Conditions and Restrictions.
DISCUSSION:
The applicant is requesting a waiver to Section 20-353 (e)(2) (c) of the City Code. This
section of the Code discusses building setback requirements for existing PUD’s.
Specifically, this section refers to conflicts between required setbacks for existing PUD’s
and those required in HOA covenants and restrictions. This section states “in the event of
any conflict between the requirements of this section and any declarations of covenants and
restrictions governing site conditions of a PUD development within the city, the more
restrictive shall apply.” The HOA covenants for The Highlands requires a 25-foot rear
setback for principle structures. The required rear setback for existing PUD’s is 10-feet as
noted in the City Code. Therefore, the 25-foot rear setback required per The Highlands
HOA documents applies.
The applicant recently purchased the home located at 749 N. Gretna Court. According to
the Seminole County Property Appraiser’s data, the home was constructed in 1978.
Sometime after the home was constructed, an addition was constructed on the rear of the
home by a previous owner. According to the boundary survey that was provided, the rear
of the home meets the required 25-foot rear setback. The rear addition was constructed
approximately 10-feet from the rear property line. After the applicant purchased the home,
foundation problems were discovered which required the submittal of a building permit to
correct. Upon review of the building permit application by the Building Official, it was
discovered that the room addition encroaches 15-feet into the required 25-foot rear
setback. The permit application was subsequently denied. Based on the City’s records,
and the Property Appraiser’s data, no building permit was ever issued for the addition.
The owner has stated that, during the purchase of the home, it was not disclosed to
the owner that the addition encroached into the rear setback by 15-feet.
FINDINGS
The 6 waiver criteria set forth in Subsection 20-34 (d) are as follows:
1.The proposed development plan is in substantial compliance with this chapter and in
compliance with the comprehensive plan.
Staff finds no conflicts with the comprehensive plan, and, other than
the setback encroachment, no conflict with other parts of the zoning
code (Chapter 20).
2.The proposed development plan will significantly enhance the real property.
The rear addition was built sometime after the home was originally
constructed. According to the Property Appraiser’s information, the
home was constructed in 1978. The City has no record of the
addition being permitted, and the property owner could not provide
proof the addition was permitted. During the purchase of the home,
Public Hearings 504 PAGE 2 OF 5 - January 28, 2013
it was not disclosed to the applicant that the addition encroached
into the rear setback by 15-feet. The discovery of the setback
encroachment was caused by the need to repair a foundation
problem. The applicant has obtained letters of support from the
Highlands HOA and from the surrounding property owners for the
waiver request. Aerial photographs reveal this portion of the
property to be covered in tree canopy; the addition is not visible
from the surrounding area.
3.The proposed development plan serves the public health, safety, and welfare.
The addition was never permitted by the City. Staff suspects that the
addition was constructed on a patio slab without the proper
thickness to support the addition. As previously mentioned, there
are foundation problems in the addition the applicant is attempting
to repair. When the addition was constructed, Florida Building Code
safety issues such as wind load were not addressed. If the waiver is
approved, then the addition will be required to obtain a building
permit and be brought into compliance with all applicable
requirements of the Florida Building Code, thereby protecting the
public health, safety, and welfare.
4.The waiver will not diminish property values in or alter the essential character of the
surrounding neighborhood.
Staff believes the waiver will not diminish property values and will
not alter the essential character of the surrounding neighborhood in
a negative manner. The addition has been in use for many years
prior to the current owner purchasing the property and was
constructed by a previous owner. Additionally, the applicant has
obtained letters of support from the Highlands HOA and from the
surrounding property owners for the waiver request. Aerial
photographs reveal this portion of the property to be covered in tree
canopy; the addition is not visible from the surrounding area. This is
not a self-imposed hardship; the applicant inherited this problem
upon purchase of the home. It was not disclosed that the addition
encroaches 15-feet into the required rear setback.
5.The waiver granted is the minimum waiver that will eliminate or reduce the illogical,
impractical, or patently unreasonable result caused by the applicable term or
condition under this chapter
Staff believes the waiver request is the minimum request that will
eliminate or reduce the illogical, impractical, or patently
unreasonable result caused by the applicable term or condition
under this chapter. The applicant recently purchased the home and
during the sale transaction, it was not disclosed that the addition
encroaches into the required rear yard setback by 15-feet; and
further, was constructed without a building permit. Granting the
waiver will allow the structure to be brought into compliance with all
applicable requirements of the Florida Building Code. If the waiver
Public Hearings 504 PAGE 3 OF 5 - January 28, 2013
is not granted, the structure would need to be demolished, resulting
in significant expense to the current owner as well as loss of living
space within the structure. Because of the specific circumstances that
are attached to this situation, the 25-foot rear setback requirement
imposes an undue hardship on the applicant and is preventing the
owner from rectifying a structural problem that threatens part of the
house. This is not a problem that was self-created. The applicant is
proceeding through the proper channels to remedy the problem.
Granting of this waiver is not considered precedent; waivers are
evaluated on a case-by-case basis, and are dependent upon the
analysis of facts and history that have been presented by each
applicant.
6.The proposed development plan is compatible with the surrounding neighborhood.
The proposed development plan is compatible with the surrounding
neighborhood as it is the same as the same as currently exists. It has
been in use for many years prior to the purchase of the property by
the applicant.Additionally, letters of support have been obtained
from the Highlands HOA and from the surrounding property
owners. Aerial photographs of the property reveal the property to be
covered in tree canopy; the addition is not visible from the
surrounding area.
FISCAL IMPACT:
The approval of the Waiver will not impose any negative fiscal impacts to the City.
COMMUNICATION EFFORTS:
This Agenda Item has been electronically forwarded to the Mayor and City Commission,
City Manager, City Attorney/Staff, and is available on the City’s Website, LaserFiche, and
the City’s Server. Additionally, portions of this Agenda Item are typed verbatim on the
respective Meeting Agenda which has also been electronically forwarded to the individuals
noted above, and which is also available on the City’s Website, LaserFiche, and the City’s
Server; has been sent to applicable City Staff, Media/Press Representatives who have
requested Agendas/Agenda Item information, Homeowner’s Associations/Representatives
on file with the City, and all individuals who have requested such information. This
information has also been 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. Furthermore, this information is also available to any individual requestors. City Staff
is always willing to discuss this Agenda Item or any Agenda Item with any interested
individuals.
RECOMMENDATION:
Staff and the Planning & Zoning Board recommend the City Commission approve a
waiver to Section 20-353 (e)(2) (c) of the City Code to allow a rear setback encroachment
from 25-feet to 10-feet in The Highlands PUD (Planned Unit Development) zoning
Public Hearings 504 PAGE 4 OF 5 - January 28, 2013
district for an existing room addition since:
The property owner did not initiate the violation.
The property owner is seeking to remedy a structural deficiency on a
portion of the home and is not proposing any expansion.
The HOA and surrounding property owners support the request.
ATTACHMENTS:
A. The Highlands, Declaration of Covenants, Conditions and Restrictions – building setback
requirements.
B. City Code, Chapter 20, Section 20-353 (e)(2) (c)
C. Waiver application package – 749 N. Gretna Court
D. Building Official comment review – December 14, 2012
E. Minutes, January 10, 2013 Planning & Zoning Board meeting
Public Hearings 504 PAGE 5 OF 5 - January 28, 2013
Attachment "A"
Attachment "B"
Attachment "C"
Attachment "D"
Attachment "E"