HomeMy WebLinkAbout2013 10 28 Consent 306 Unapproved Minutes from the October 16, 2013 Special Meeting COMMISSION AGENDA
Informational
Consent X
ITEM 306 public Hearings
g
Regular
October 28, 2013 ALLL
Regular Meeting City Manager Department
REQUEST:
Requesting the City Commission Review and Approve the Wednesday, October 16, 2013
City Commission Special Meeting Minutes.
SYNOPSIS:
One of the responsibilities of the City Clerk is to provide the Mayor and City
Commission with a submittal of all Meeting Minutes, as soon after a City Commission
meeting as possible; so, that it is a reminder to the Mayor and City Commission, as to
what transpired at their most recent meeting, and also provides a record of the actions
and directives of the City Commission, for the future, and which becomes the official
record.
If the City Commission is in agreement with what the City Clerk provides in these
Minutes, then the City Commission would be asked to Approve the Minutes, as
submitted. Should the Mayor and/or City Commission feel something is not
appropriately documented in these Minutes, then a Motion would be appropriate to have
the Minutes changed to reflect what the majority of the City Commission would prefer.
CONSIDERATIONS:
This Agenda Item includes the Minutes from the Wednesday, October 16, 2013 City
Commission Special Meeting.
Even though these Minutes are being submitted by the City Clerk, (with proofing by
Office of the City Clerk Staff), no other party has required that changes be made to the
Minutes before being submitted. These Minutes are being submitted by the City Clerk
Consent 306 PAGE 1 OF 2-October 28,2013
for the Approval by the City Commission.
FISCAL IMPACT:
There is no fiscal impact related to the approval of this Agenda Item.
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:
The City Commission is respectfully requested to consider and offer their Approval of the
Wednesday, October 16, 2013 City Commission Special Meeting Minutes.
ATTACHMENTS:
A - Unapproved copy of the Wednesday, October 16, 2013 City Commission Special
Meeting Minutes. (4 pages).
Consent 306 PAGE 2 OF 2-October 28,2013
Attachment"A"
CITY OF WINTER SPRINGS, FLORIDA
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CITY COMMISSION
MINUTES
SPECIAL MEETING
WEDNESDAY, OCTOBER 16, 2013 - 7:00 P.M.
CITY HALL—COMMISSION CHAMBERS
1126 EAST STATE ROAD 434, WINTER SPRINGS, FLORIDA
Mayor Charles Lacey
Deputy Mayor Cade Resnick - Seat Four
Commissioner Jean Hovey - Seat One
Commissioner Rick Brown- Seat Two
Commissioner Pam Carroll - Seat Three
Commissioner Joanne M. Krebs - Seat Five
CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING---OCTOBER 16,2013 PAGE 2 OF 4
CALL TO ORDER
The Special Meeting of Wednesday, October 16, 2013 of the City Commission was called to Order by Mayt ij >
Charles Lacey at 7:00 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East Star ;;;
Road 434,Winter Springs,Florida 32708).
Roll Call: -"NV
Mayor Charles Lacey, present
Deputy Mayor Cade Resnick,present
Commissioner Jean Hovey, present
Commissioner Rick Brown, present
Commissioner Pam Carroll, present
Commissioner Joanne M. Krebs, present
City Manager Kevin L. Smith, present
City Attorney Anthony A. Garganese, present
City Clerk Andrea Lorenzo-Luaces, present
A moment of silence was held, followed by the Pledge of Allegiance.
ADMINISTRATIVE APPEAL
Community Development Department
Pursuant to Section 20-35, Winter Springs City Code, the Community Development Department
requests the City Commission consider an Administrative Appeal of Staffs interpretation that a
building permit application proposing an addition to a single-family home located at 1691 Wingspan
Way (Property owner Richard & Lisa Van Smith) does not constitute an accessory dwelling unit
and would not require that the property owner obtain a conditional use permit under Chapter 20 of the
Winter Springs City Zoning Code. The Appeal was filed by Robert Holmes, the neighboring property
owner who resides at 1689 Wingspan Way.
Mayor Lacey provided some introductory comments on the agenda item and how the meeting would run.
Ms. Allison Yurko, Esquire, 921 Bradshaw Terrace, Orlando, Florida: as the Attorney for Mr. and Mrs. Bob
(Ginny) Holmes, Ms. Yurko spoke in depth about tonight's Hearing, reviewed the proposed plan, showed some
photographs of the current driveway area, and commented on impervious surface requirements, and the
community.
Mr. Bob Holmes, 1689 Wingspan Way, Winter Springs, Florida: commented on the proposed floor plan,that they
have upgraded their home inside and out,that they have invested in their community,the value of their home, and
comments from the recent Planning and Zoning Board/Local Planning Agency Meeting.
Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department addressed the proposed
permit for an addition and commented on Codes, that the property met all the required setbacks, and Staff's
review.
Mr. Joe Crum, Building Official, Community Development Department commented on his professional
background, this proposed project, the difference between an addition and an Accessory Dwelling Unit. In
closing, Building Official Crum said that this did not meet the criteria for an Accessory Dwelling Unit.
CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING—OCTOBER 16,2013 PAGE 3 OF 4
Mr. Mike Jones, Esquire, 560 Dunmar Circle, Winter Springs, Florida: commented on remarks from th
Homeowner's Association that more than forty (40) homes in this subdivision exceed the forty percent (40%
impervious surface.
. .
City Attorney Anthony A. Garganese asked Mr. Stevenson if there was a maximum impervious surfac
requirement in the Planned Unit Development (PUD) Ordinance. Mr. Stevenson stated, "No." Mr. Stevenso „ m,w,,-
continued, "We did some research that went back I believe to 2004, that particular section talking about u ,:- �
enforcing the stricter of the two (2), applies only to setbacks." Mayor Lacey said to Mr. Stevenson, "The fo
percent(40%) number comes out of the Glen Eagle Covenants?" Mr. Stevenson responded, "Yes. And we are in
fact -- the drawing as you have seen does meet the setbacks, as I said earlier, that are stipulated on the Plat for
Glen Eagle Unit 2."
Attorney Garganese commented for the Record that what Mr. Stevenson spoke about was Ordinance 2004-31
which the City Commission adopted and established minimum setbacks for existing Planned Unit Developments;
and that the Ordinance was not applicable to maximum impervious surfaces.
Ms. Yurko addressed previous comments by Staff.
Tape 1/Side B
Further comments continued.
Attorney Garganese again addressed Ordinance 2004-31 which established City Code setbacks for principal
buildings.
Mayor Lacey opened "Public Input".
Mr. Richard Moriarty, 2948 Hunters Lane, Oviedo, Florida: commented on impervious surfaces and that it had
come up previously during the Homeowner's Association process, but they had found a permeable paver and with
the calculations they did,this paver"Would more than double offset the addition".
Mr. Edward Cregar, 1525 Eagle Nest Circle, Winter Springs, Florida: spoke on the proposed addition plan, and
showed from Webster's Dictionary, a definition of cooking, and that one could equip a space for cooking without
a kitchen.
Mr. Robert Pennington, 1681 Wingspan Way, Winter Springs, Florida: said his home will back up to the
proposed addition and was concerned that the large roof area might drain into his yard and asked what measures
would be taken; said that some of his windows will look into this addition; and was concerned with some trees
that may die during construction.
Mr. Marty Eitingon, 1678 Wingspan Way, Winter Springs, Florida: thought that the proposed addition was an
accessory dwelling unit and asked that if the City Commission rules that this project is not an Accessory Dwelling
Unit, he would like to know why.
Mayor Lacey closed "Public Input".
Mayor Lacey stated, "Let the Record show that Mr. Van Smith has no further comments to make."
CITY OF WINTER SPRINGS,FLORIDA MINUTES CITY COMMISSION SPECIAL MEETING---OCTOBER 16,2013 PAGE 4 OF 4
Ms. Yurko briefly spoke to the City Commission and referenced the last speaker's comments. .�
Members of the City Commission commented on this Agenda Item.
"MOTION TO UPHOLD STAFF'S POSITION AND DENY THE APPEAL." MOTION B .
K
COMMISSIONER BROWN. SECONDED BY COMMISSIONER REBS. DISCUSSION. .41
VOTE: }
COMMISSIONER HOVEY: AYE
COMMISSIONER KREBS: AYE 'S'
DEPUTY MAYOR RESNICK: AYE
COMMISSIONER BROWN: AYE
COMMISSIONER CARROLL: AYE
MOTION CARRIED.
In other City business, Commissioner Joanne M. Krebs referenced the Tri-County League of Cities'
Distinguished Service Awards Gala and urged that the Mayor and City Commission attend to show their support.
ADJOURNMENT
Mayor Lacey adjourned the Special Meeting at 8:11 p.m.
RESPECTFULLY SUBMITTED:
ANDREA LORENZO-LUACES, MMC
CITY CLERK
APPROVED:
MAYOR CHARLES LACEY
NOTE- These Minutes were approved at the ,2013 City Commission Regular Meeting.