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Home My WebLink About2013 11 06 Consent 301 Unapproved Minutes from the October 15, 2013 Special Meeting � �� CITY OF WINTER SPRINGS, FLORIDA � MINUTES � PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY � SPECIAL MEETING � OCTOBER 15, 2013 � � CALL TO ORDER The Special Meeting of Wednesday, October 15, 2013 of the Planning And Zoning Board/Local Planning Agency was called to Order at 5:30 p.m. by Chairperson William H. Poe in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: Chairperson William H. Poe, present Vice-Chairperson Bob Henderson,present Board Member Howard Casman, present Board Member Bart Phillips, present Board Member Suzanne Walker, present Assistant City Attorney Kate Latorre, present Deputy City Clerk Sarah Hart, present Chairperson Poe led a silent Invocation followed by Vice-Chairperson Bob Henderson leading the Pledge of Allegiance. ADMINISTRATIVE APPEAL ADMINISTRATIVE APPEAL Community Development Department Pursuant To Section 20-35, Winter Springs City Code, The Community Development Department Requests The Planning And Zoning Board Consider Making A Recommendation To The City Commission Regarding An Administrative Appeal Of Staff s Interpretation That A Building Permit Application Proposing An Addition To A Single-Family Home Located at 1691 Wingspan Way (Property Owner Richard And 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. Related to this Agenda Item, Chairperson Poe explained that this is an Administrative Appeal, and explained how the meeting would run. CITY OF WINTER SPRINGS,FLORIDA � MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY �� SPECIAL MEETING-OCTOBER 15,2013 � PAGE 2 OF 5 � Ms. Allison Yurko, Land Use Attorney, 921 Bradshaw Terrace, Orlando, Florida: �e Representing Mr. Bob and Ginny Holmes, Ms. Yurko spoke about concerns that her � clients have regarding whether the Application that was permitted constitutes an � Accessory Dwelling Unit (ADU). � Ms. Yurko referred to a packet of information that she distributed to the Members of the Planning and Zoning Board/Local Planning Agency and further commented about the definition of an Accessory Dwelling Unit (ADU) according to Sec. 6-85. of the Code for the City of Winter Springs, provisions for cooking, the Site Analysis of the development in question, and the impact of the addition on the neighborhood. Concluding her initial presentation, Ms. Yurko asked that the Members of the Planning and Zoning/Local Planning Agency overturn the Permit that has been granted. Mrs. Ginny Holmes, 1689 Wingspan Way, Winter Springs, Florida: spoke about her concern of this proposed development being an Accessory Dwelling Unit (ADU) and commented on the plans for this project. Mr. Bob Holmes, 1689 Wingspan Way, Winter Springs, Florida: shared how he and his wife have lived in Glen Eagle for sixteen (16) years and how they have enjoyed the community and taken pride in their home; and he noted his concern with the effect of the proposed addition next door to their home. Mr. Randy Stevenson, ASLA, AICP, Director, Community Development Department explained that on September 10, 2013 the City of Winter Springs received a Building Permit for an Application for a 989 square foot addition to the residence located at 1691 Wingspan Way. Continuing, Mr. Stevenson noted that the plans were reviewed and compared against Sec. 6-85. of the City of Winter Springs' Code of Ordinances and that the proposed addition meets all of the set-back requirements within the Plat of Glen Eagle , and Staff has deemed the proposed addition will become a cohesive part of the existing structure; and the plans do not include a full kitchen nor gas or 220 volt service. Sumining up, Mr. Stevenson said, "Those are the basis upon which Staff's decision was made at this point as to whether or not this was an Accessory Dwelling Unit (ADU) or an addition to a single-family residence." Mr. Joe Crum, Building Official, Community Development Department noted that he reviewed this Permit Application for an addition to a single-family residence based on the Florida Building Code Requirements and commented on cooking options. CITY OF WINTER SPRINGS,FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY � SPECIAL MEETING—OCTOBER 15,2013 �..� PAGE 3 OF 5 � Ms. Yurko reiterated what she had presented in her initial presentation and thanked the � Planning and Zoning Board/Local Planning Agency for the opportunity to be at the � meeting. Chairperson Poe opened "Public Input". � � Mr. Peter DeRosa, 1612 Eagle Nest Circle, Winter Springs, Florida: as a 20 (twenty) year resident of Glen Eagle, Mr. DeRosa expressed his concern that the proposed development plan in his opinion does qualify it as an Accessory Dwelling Unit(ADU). Mr. Martin Eitingon, 1678Wingspan Way, Winter Springs, Florida: explained that it seemed to him that the proposed project is an Accessory Dwelling Unit (ADU). Mr. Edward Cregar, 1525 Eagle Nest Circle, Winter Springs, Florida: expressed his concern that the proposed addition will be a deterrent to the value of the houses in Glen Eagle. Tape 1/Side B Mr. Richard Moriarry, 2849 Hunters Lane, Oviedo, Florida: as the Contractor for the proposed project, Mr. Moriarty addressed comments that have been made and said that in his opinion, the proposed plans for the addition do not meet all of the standards as set out in the Code of Ordinances for the City of Winter Springs to qualify it as an Accessory Dwelling Unit (ADU) and noted that the Glen Eagle Homeowners Association had given their approval for this addition. Mr. Richard Grant, 1696 Wingspan Way, Winter Springs, Florida: representing the Glen Eagle Homeowners Association as past President, Mr. Grant commented that the original Application for this addition had been denied but that on the advice of legal counsel and due to the fact that a vast majority of homes with additions in the Glen Eagle Subdivision exceeded the forty (40%) Impervious Service Rule, they approved the Application on Appeal noting that the proposed plan does not violate Glen Eagle Homeowners Association rules except for the forty (40%) Impervious Service Rule. Ms. Paula Davoli, 1644 Eagle Nest Circle, Winter Springs, Florida: as a resident of Glen Eagle, Ms. Davoli expressed her opposition to the proposed addition as she has concerns with the proposed separate entry door, and that this addition will be used as an Accessory Dwelling Unit (ADU). CITY OF WINTER SPRINGS,FLORIDA MINUTES � PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY SPECIAL MEETING-OCTOBER 15,2013 �.� PAGE 4 OF 5 � Mr. Ben McMahan, 1562 Eagle Nest Circle, Winter Springs, Florida: said that as a � resident of Glen Eagle, he was in opposition to this proposed addition and concerned with � the provision of an exterior door as shown in the plans. � Chairperson Poe closed "Public Input". � Ms. Yurko had further comments on her concern with what in her opinion the proposed addition constitutes an Accessory Dwelling Unit (ADU). Following questions from the Members of the Planning and Zoning/Local Planning Agency, discussion ensued about why additional neighbors hadn't come out in opposition, comments that the Glen Eagle Homeowner's Association representative made, external doors to additions, and who will be utilizing the addition. Further comments. "I WILL PUT FORTH THE MOTION THAT I AGREE WITH THE CITY." MOTION BY BOARD MEMBER PHILLIPS. CONFIRMING, CHAIRPERSON POE SAID, "I HAVE A MOTION TO AGREE WITH THE CITY STAFF ON ITS INTERPRETATION." SECONDED BY VICE- CHAIRPERSON HENDERSON. DISCUSSION. VOTE: CHAIRMAN POE: AYE VICE-CHAIRMAN HENDERSON: AYE BOARD MEMBER CASMAN: AYE BOARD MEMBER PHILLIPS: AYE BOARD MEMBER WALKER: AYE MOTION CARRIED. PUBLIC INPUT Chairperson Poe opened "Public Input". No one addressed the Planning and Zoning Board/Local Planning Agency. Chairperson Poe closed "Public Input". CITY OF WINTER SPRINGS,FLORIDA MINUTES PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY SPECIAL MEETING—OCTOBER 15,2013 � PAGE 5 OF 5 �._,� ADJOURNMENT �i C.:'.1 � Chairperson Poe adjourned the Regular Meeting at 6.51 p.m. Q.,,� � r� � RESPECTFULLY SUBMITTED: SARAH HART DEPUTY CITY CLERK APPROVED: WILLIAM H. POE, CHAIRPERSON PLANNING AND ZONING BOARD/LOCAL PLANNING AGENCY NOTE: These Minutes were Approved at the 2013 Planning And Zoning Board/Local Planning Agency Regular Meeting.