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HomeMy WebLinkAbout_2013 10 16 City Commission Special Meeting Minutes CITY OF WINTER SPRINGS, FLORIDA `CoNTFp? _ (tt Incorporated • 1959 • i4„Q0 W E TR Jy� 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 Mayor Charles Lacey at 7:00 p.m. in the Commission Chambers of the Municipal Building (City Hall, 1126 East State Road 434, Winter Springs, Florida 32708). Roll Call: 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 Staff's 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 Staffs 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 the 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 surface requirement in the Planned Unit Development (PUD) Ordinance. Mr. Stevenson stated, "No." Mr. Stevenson continued, "We did some research that went back I believe to 2004, that particular section talking about us enforcing the stricter of the two (2), applies only to setbacks." Mayor Lacey said to Mr. Stevenson, "The forty 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 BY COMMISSIONER BROWN. SECONDED BY COMMISSIONER KREBS. DISCUSSION. VOTE: COMMISSIONER HOVEY: AYE COMMISSIONER KREBS: AYE 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: I' AND `A ORENZO-LUACES, MMC CITY CLERK APPROVED: MAYOR CHARLES I• NOTE: These Minutes were approved at the October 28,2013 City Commission Regular Meeting.