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Home My WebLink About2015 05 06 Public Hearing 501 Seven Oaks Lot 20 Waiver PLANNING & ZONING BOARD AGENDA I T E M 5 O 1 Information Public Hearin X Re ular Mav 6, 2015 Meeting REQUEST: The Community Development Department—Planning Division requests the Planning & Zoning Board hold a public hearing to recommend approval of a waiver to the approved PUD Master Plan for Seven Oaks and to Section 20-353 (e)(2)(a)(iii) of the City Code of Ordinances, to permit a small reduction in the side setbacks for a single-family residence that is currently under construction at 616 Seven Oaks Boulevard, in the Seven Oaks subdivision. SYNOPSIS: The applicant is requesting approval of a waiver to the approved PUD Master Plan for Seven Oaks and to Section 20-353 (e)(2)(a)(iii) of the City Code, to permit a side yard setback encroachment from 5-feet to 4.7-feet and 4.8-feet in Seven Oaks for the front corners of a proposed single-family residence that is currently under construction. At such time the formboards were laid on the property,the front corners of the structure encroached into the 5-foot side yard setback by two inches on the north side of the property and three inches on the south side of the property. This encroachment was discovered when the formboard survey was performed. This is a very minor encroachment into the required 5-foot side yard setback, and if approved, is not anticipated to pose detrimental impacts to surrounding properties within the Seven Oaks community. The remainder of the house will be in compliance with the required front, rear, and side yard setbacks. CONSIDERATIONS: APPLICANT AND PROPERTY INFORMATION: • Applicant name and address and authorized representative: Meritage Homes of Florida Inc., 5337 Millenia Lakes Boulevard, Suite 410, Orlando, FL 32839, Dante Fraiegari - authorized representative • Propertv owner's name(s): Meritage Homes of Florida Inc., • Propertv addresses: 616 Seven Oaks Boulevard • Property Parcel ID number: 28-20-30-STK-0000-0200 May 6,2015 Plaiuung&Zoning Board Agenda,Item 501 Page 2 of 4 • Current FLUM Desi�nations: Medium Density Residential • Current Zonin�Desi�nations: PUD (Planned Unit Development) • Previouslv A�roved Development permits such as conditional use, waiver, or variance (if an : Not applicable • Development A�reements (if any�: No known Development Agreement • Pendin� Code Enforcement Actions (if any�: No known pending Code Enforcement actions • Citv Liens (if any�: No known liens APPLICABLE LAW, PUBLIC POLICY, AND EVENTS City of Winter Springs Comprehensive Plan Seven Oaks PUD Master Plan City Code, Chapter 20, Section 20-34, Waivers City Code, Chapter 20, Article IV, Planned Unit Developments, Section 20-353 (e)(2)(a)(iii), Conflicts. DISCUS SION: The PUD(Planned Unit Development)Master Plan for the Seven Oaks subdivision was approved by the City Commission on May 13, 2013. The approved Master Plan is for a 138 unit single-family residential development located on the south side of Shepard Road,north of Florida Avenue, and east of Boat Lake. The approved Master Plan includes a required side yard setback of 5-feet for all homes constructed within the subdivision. Recently the home builder in the subdivision,Meritage Homes contacted the City in regards to a home that is currently under construction on Lot 20. At such time the formboards were laid on the property, the front corners of the structure encroached into the 5-foot side yard setback by two inches on the north side of the property and three inches on the south side of the property.It was determined by Staff and the City Attorney's office that there are no provisions within the Code of Ordinances which permit staff to administratively permit this encroachment which is considered very minor in nature. Therefore, the applicant has applied for a waiver to the approved PUD Master Plan for Seven Oaks and to Section 20-353 (e)(2)(a)(iii) of the City Code of Ordinances to permit the encroachments. This section of the Code identifies building setback requirements for existing PUD's. FINDINGS The 6 waiver criteria set forth in Subsection 20-34 (d) of the Code of Ordinances 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 very minor side yard setback encroachments on the front corners of the building, no conflict with other parts of the zoning code (Chapter 20). May 6,2015 Plaiuung&Zoning Board Agenda,Item 501 Page 3 of 4 2. The proposed development plan will significantly enhance the real property. • Construction of the home is proposed on Lot 20 in the Seven Oaks subdivision.If the waiver is granted for this very minor side yard setback encroachment, construction of the home will be completed and it will be sold and the new owners will pay City taxes. Additionally, the completion of the home will help the developer complete build-out of the Seven Oaks subdivision. 3. The proposed development plan serves the public health, safety, and welfare. • The waiver is very minor in nature; a two inch encroachment on the front corners of the north side of the home,and a three inch encroachment on the south side of the front corners of the home into a required 5-foot side yard setback.If granted, this waiver will not be detrimental to the public health, safety, and welfare. 4. The waiver will not diminish property values in or alter the essential character of the surrounding neighborhood. • It is Staff s interpretation the waiver will not diminish property values and will not alter the essential character of the surrounding neighborhood in a negative manner. The requested waiver to the side setbacks will not be noticeable without actually measuring the distance and the reduction of the setback and it will not affect property values or neighborhood character. 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 waiver request is for a two inch encroachment on the front corners of the north side of the home,and a three inch encroachment on the south side of the front corners of the home into a required 5-foot side yard setback.The home is currently under construction.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. May 6,2015 Plaiuung&Zoning Board Agenda,Item 501 Page 4 of 4 6. The proposed development plan is compatible with the surrounding neighborhood. • It is Staff s interpretation that the proposed development plan is compatible with the surrounding neighborhood.As previously mentioned,the requested waiver is very minor in nature and only impacts the front corners of the home. The remainder of the home will be in compliance with the required front, rear, and side yard setbacks. If granted,this very minor setback encroachment will not be detrimental to the surrounding neighborhood and will permit the construction of the home to be completed. FISCAL IMPACT: There is no fiscal impact associated with granting the requested waiver. Completion of construction of the single-family residence will add taxable value to the City's tax rolls. COMMUNICATION EFFORTS: The Meeting Agenda and this Agenda Item have been forwarded to the Planning and Zoning Board members and are available on the City's Website, LaserFiche, and the City's Server. The Agenda has been forwarded to the Mayor and City Commission; City Manager; and City Attorney/Staff. Additionally, the Meeting Agenda has been sent to media/press representatives, all Homeowner's Associations on file with the City, all individuals who have requested Agenda information,Department Directors; and also posted outside City Hall;posted inside City Hall with additional copies available for the general public. STAFF RECOMMENDATION: Staff recommends the Planning & Zoning Board recommend approval of a waiver request to the approved PUD Master Plan for Seven Oaks Section 20-3 53 (e)(2)(a)(iii)of the City Code,to permit a side yard setback encroachment from 5-feet to 4.7-feet and 4.8-feet in Seven Oaks for the front corners of a proposed single-family residence that is currently under construction. ATTACHMENTS: A. Section 20-34, City Code of Ordinances, Section 20-353 (e)(2)(a)(iii), City Code of Ordinances B. Seven Oaks PUD Master Plan C. Waiver application submitted by Meritage Homes Attachment " A " Sec. 20-34. -Waivers. (a) Any real property owner may file a waiver application requesting a waiver for their real property from any term and condition of this chapter (except from the list of permitted, conditional and prohibited uses set forth in any zoning district category) if the property owner clearly demonstrates that the applicable term or condition clearly creates an illogical, impossible, impractical, or patently unreasonable result. (b) The planning and zoning board shall be required to review all waiver applications and make a written recommendation to the city commission. Such recommendation shall include the reasons for the board's recommendation and show the board has considered the applicable waiver criteria set forth in this section. (c) Upon receipt of the planning and zoning board's recommendation, the city commission shall make a final decision on the application. If the city commission determines that the planning and zoning board has not made a recommendation on an application within a reasonable period of time, the city commission may, at its discretion, consider an application without the planning and zoning board's recommendation. (d) In addition to the standard set forth in paragraph (a) above, all waiver recommendations and final decisions shall also comply with the following criteria: (1) The proposed development plan is in substantial compliance with this chapter and in compliance with the comprehensive plan. (2) The proposed development plan will significantly enhance the real property. (3) The proposed development plan serves the public health, safety, and welfare. (4) The waiver will not diminish property values in or alter the essential character of the surrounding neighborhood. (5) The waiver granted is the minimum waiver that will eliminate or reduce the illogical, impossible, impractical, or patently unreasonable result caused by the applicable term or condition under this chapter. (6) The proposed development plan is compatible with the surrounding neighborhood. (� No. 2004-49, § 2, 12-13-04; Ord. No. 2010-09, § 2, 4-26-1 Sec. 20-353. -Standards for planned unit developments. (e) Size and dimensional regulations. (2) Existing PUDs. a. Unless otherwise provided elsewhere in the City Code or upon a plat of record or in an active development agreement approved by the city, principal building setbacks for property zoned PUD shall be as follows: (iii) Side yards. The side yard shall not be less than five (5) feet on each side of the dwelling structure; and (VIU. IVU. LU I I-UL, s L, �-y-I I; VIU. IVU. LU I I-UO, s L, I U-I U-I I; VIU. IVU. 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Z��S��fl�floar� � ' CITY OF WINTER SPRINGS � • � � COMMUNITY DEV�LOPMENT DEPARTMEI��' F126 STATE R4AD 434 ' V6�INTER SPRINGS, FL 32708 In�asporat�eti �E �� j 407-327-5966 E • • • � FAX:407-327-6695 BOARD OF ADJUSTMENI" APPL�CATION ❑ CONDITI�NAL USE I SPECIAL EXCEPTIOIV 0 VARIANCE I� WAIVER APPL�CANT: Meritage Homes of Florida Inc T,ast First Middle MAZ�.ING ADDRESS: 5337 Millenia Lakes Blvd, Suite 410 Orlando FL, 32839 � c��y s� z; c� PHONE&EMAIL Dante.Fraiegari@ meritagehames.com {407) 571-09�1 If Applicant does NOT own the property: �'R�PER'�'Y OWNER: Same as above Last FirsE Middle MAII,ING ADDRESS: City State Zip Code PHONE&EMAIL This request is for the real property described below: PROPERTY ADDRESS: � Lot 20 Seven Oaks community-PB 77>Pages 85-91-6I6 Seven_Oaks Blvd TAX PARCEL NiJMBER: SIZE OF PARCEL: $Q��29' �11,45d sq.ft) see attached survey Square Feef Acres EXISTING LAN➢USE: Residential G�rrent�'U'I"U�tE LAND USE Classification: Siilgle Faxn�i�y Current ZONIl�G CIassification: �D Please state YoU1t 1t�Qi7�ST: Requesting relief of 2"+1- of the side setback on the frant portion of the structure-reference attached survey E�iibit"A" �r�zuos The APPLICANT IS RESPONSIBL�for posting the blue notice card(provided by the City}on the site at least SEV�IV(7)DAYS priar to tlie Board of Adj�stment Meeting at which the zx�atter will be considered. Said notice sha11 NOT be posted within the City righ#-of-way. All APPLICANTS shall be afforded znir�imal due process as required by law,incluciing the right to receive notice,be heard,present evidence,cross- examine witz�esses,anci be represented by a duly authorized representative. The CITY COMMISSlOIV shall render all final decisions xegarding variances,conditional uses and waivers and may impose reasonable conditions on any approved variance,conditional use or waiveir to the extent deemed necessary and reievant to ensuxe connpliance 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 Chapter 20,Zoning. APPLIGANTS are advised that if,they decide to appeal any decisioz�s made at the meetings or hear�ngs with respect to any matter considered at the meetings or hearings,they vvill need a record of the proceedings and,for such purposes,they will need to insure that a verbatim record af the proceedings is made,at their cost,which includes the testimony and evidence upan w�iucla the appeal is to be based,per 286.0105,Fiorida Statutes. Any CONDITIONAL USE,VARlANCE,or WAIVER which maq be grantedby the City Comxnission shall expire two(2)years afi�er the effective date of such approval by the City Commission,unless a building pernait based upon anci incorporating tt�e conditional use,variance,or waivex is issued by the City within said time period. Upon vvritten request of khe property owner,the City Commission may extend the expiration date,without public bearing,an additional six{6j montFis,provided the property owner demonsixates good cause for the extension In addition,if the aforementioned building permit is timely issued,and the building permit s�hsequently expires and the subject development project is abandoned or discontinued for a period of six months,the conditional use,variance or waiver shall be deemed expired and null and void. (Code of Ordinances,5ection 20-36.) TH� FOLLOWING ITEMS ARE TO BE SUPPLfED WITW TWIS APPLICA'TION: C� A copy of the most recent SUFtVEY of the subject property. C� A copy of the LEGAL.DESCRIPTION reflecting t�e property boundaries. ❑ 11 x i7 MAP showing AD.fACEN7 STREETS and ZONING AND LAND U5E classifications on the ADJACENT PROPERTY. � JUSTIFlCATION for the Request(See Attached List) ❑ NAMES and ADDRESS�S of each property owner within 150 ft. of each property line. C� Notarized AUTMORIZATION of the Owner, 1F the Applicant is ofher than the Owner or Attorney for tf�e Owner(see belnw). C� APPLICATION FEES: FEES are as SHOWN BE�.OW plus ACTUAL COSTS incurred for ADVERT`ISING ox NO'�]FICATION, and for REIIVIBURSEMENT for TEC`HIVICAL andlox�ROFESSIONAI,SERVICES which may be requized in connection with the review,inspection or approval af any development(based on accounting submitted 6y the City's Consultant),payable prior to approval of the pertinent stage of development. CONDITIONA�.,USE/SPECIAL EXCEPTION $ 500 W�IIVEA See attached application $ 500 vAxu�a�rc� � sao 70TAL DUIE � �d� 2 March 20(75 By submitting this application you hereby grant temporary right of entry for city officials to enter upon tlie subject property for pwposes of evaluating this applrcation. ***�*x�******��x*****�x**�x�*�**�x*�******:�**:x**�*�**��*�*��**�**�*��*�*****�*��*��*�*�� OR USE WH�N APPLICAN7'IS OWNER OF THE SUBJECT REAL PRORER'!"Y: '�'hzs is to ce � t7aat T am the Owtaex in fee simple of subj ect lands described within this Application for Board of � stment consideration: Si tur a wner Brian Kittle,Vice President Merzta�oznes of Flozid c. • Sw m and subscribed�e ore me this � _.,,.____��ay of b 20 15 . Notary Public My Coznznissaan ixes: d��Y P �i Personally Kx►owin ;o<'� L@!'�. TRACEY SMITH Produced Identification: a :"' Notary Pu61ic-Siate af Florida (Type) :�, ,e"'k}y,.__�y Comm.Exptres Nav 13,2Di5 Did take an Oatl� �%:.�f�°e'�"� Commissian�EE �45773 Did Not take and Oath *�**�*��*x=�******�=*��**�**�**��***�*�x�*��x�*�**�****�*�**�x��**��*x��**��*��*�****** FQR USE WWEN APPLICANT IS NOT OWIdER OF THE SUBJECT REAL PROPERTY: I, do hereby,with my notarized signa#ure,allow to represent rne in tlus Application related to my property. The properry is identified as: Tax Parcel Number(s) Located at Signature of Owner{s} Sworn to an.d suhscribed before me this day of 20 Notary Public My Commission expires: Personally Known Produced ID:(Type) Did talce an Oath Did Not take and Oath �*x=�*�****�*��*=��*�**�x�*��****�$**��*��*�**�*�x�******x��*�x�**�*��*�x**�*��x�**x��***�*** 3 z�t�h zoos WANER REQUEST A wai�er request requires the property owner to cfea�fy demonstrate that the applicable term or condition (the subject of the waiver request) cl�arly creates an illogical, impossible, impractical, or patently unreasonable result [winter Springs Code af Ordinances, Sectian 20-34 {a)]. Please explain how your request meets this requirement{use a separate sheet if necessary). Please see attached overview - E�chibit"S" [n additian #o the standard set forth in Section 20-34 {a), a waiver requires compliance with all six (6) criteria enumeratec� in the Winter springs Code o� Ordinances, Section 20-34 (d). . Address each of the foliawing conditions related to the variance request. Attach additional paper as necessary: 0 What is the Waiver you are requesting? Relief of tl�e sideya�rd setback from the front corners of the structure-the encroachment is 2" +/- See attached survey E�ibit"A" ❑ Is the proposed development plan in substantial compiiance with Chapt�r 20 of the City's Code af Ordinances and in compliance wifh the Comprehensive Plan? Yes 0 Wili the praposed development plan significantly enhance the real praperty? NIA-The current projectllat is zoned accordingly. ❑ Will the proposed development plar� serve the public health, safiety, and welfare of the City of Winter Spri�gs ? NIA- The current projectllot is zoned accordingly. CONTINUED ON NEXT PAGE 4 March 20�5 0 Will the wai�er diminish property values in or alter the essential character of the surrounding neighborhoad? No,it will�ot ❑ Is the waiver request the minimum wai�er that wilf eliminate or reduce the illogical, impossible, impractical, or patently unreasonable result caused by the applicable �erm or condition under this chapter? Na,it will not ❑ Is the proposed de�elopment plan coinpatible with the surroundir�g neighborhood? Yes,the project is consistent r+�rith the surrouzzdi.�g neighborhood 5 March 20D5 ��' •• r� AS�tJiLT ��JR�Y � L4� 2Q, SEVEN UAfC5, ACCDRp1�IG TO THE PLAT 7HEREDF' R�CQRDE� t3V P�AT BOOfC 77, PAGE 85 TF[RpUGH 91, DF TFlE PUBLtC RECOR�S QF SEiutIN.OLE COUNTY, FLOFtIDA. Eo�e oF Pave�eNx ' � R=1 D25.00 � � ` L=34.36 °'� �� 4=1`57'15" � � } CH6=514`11'54"E � a �� CHU=34_96 � � � , � 1 � c° � £ o �48' 30 5 <1 r�' 1 21Z• � ,� t � 21 t �'�'46'�� x o v� � y �-� �'a, .a.� �� T4�REAR y , ��9 28. P.C. 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Z. 7Rere rtwy be casan�ts ond restrictians at record and/or privnEa agreemenks�sot l�rnlahed to Ehis surveyar ar shaxn m tkis LaunOary arvay that may praperty righfs on0/M�and use rights of fh6 auDjeM property. 3. 7E+aea riwy he enWranmenta!Fssues anE/or ofher rrlotteCa tegulated try variaes Oepartmmts ot�edrlal.State or 4oeal Gpvernments offecking the subJect yraperSy not aM+rn m this s�rvey. . 4, TFls S�rvey vras performed for ihe sole and esrJusi+�Genefit of t3�e mtiCres I'nted heraon-and shall not 6e rdied upon by any ofher eniity or individual� whamsoe�[er. 5: 1�is Surny is rroi valid without f�e signature urtd or&jin�r�seC sed of¢Florida li�ansad 5urveyor qnd mappPX- 8. I1�Mergraund uftl�ties, favrtdotiarts artd improvernenfs were not bcated,unless sdoxn har�n. T: 5uhJect property shorn herean-is in Zare 7C,�ea oF 0.2%m3nual chance Roodplvin.occor�irYg to Flood InaFrance Rnte L[ep panel numEer 52t17C6155F, mop dotc Semeember 28,2C307. . & �tc Uafvm is NCVOt929.' � � F:l. - YpM7 Of'fNTERSEC'RON� Q a SET!/2'lftON ROO 8 C.SP. �.8 6T23 A/C=FiIR OONOIT70NEH P.T. �PO1NT#'7ANG'�FJEY � =REOOVERED IRQH R00 t CAP ��* �•+ R/W a RFGH7 OF WAY P.G� POfNT OF CURVISTUR€ ■ -SEF CONCRETE NONUMENF. �LB 6723 1♦ ovrac� corfc� v.�c-Paivr oF ca+�rPaurro cuRV,�iu� [7 =�cav�xxro caucr�a�oiw�eer+r ��P 4��♦ � ,.c�x�RCa+� �.R.��rr oF�rEw��etmvahrrs� u.�� unurr Eas�n�Fr+r ��•A 1�� REC�RECOV�REL7 aRM=a��ar�rr a��c� �a��utirErr�r La-o.iic��a s�u�uc�& ari c�ens€�ravr ' !`#:��..� =�:,., d � CFN7RAL ANGLE P.F.�-Pl20P0�FfNISH FLOQi2'Fl@V LS=ttCfF�SED SURHEYC)R - ��.a� .":. .�. . R=RADfUS �ARG LENCTH F.F.E.=FIMSH ftOQR E2EVA11EiPF PSA}=PROFES�ONAL COi7f��,� J09 NV 201AOF79 C0.LCkILRTEU 6Y. ,�-R FOR 7HE LIC SEO B �6723 BY: :. .. ...__.. � UA7E: 2 6 5 pR,qlNV 9Y. �NR T6 Eost Plonl Street �� f��34 CfiECbED B'6� �� 116ter Gadm,Piaidx 3478T'(467 J Gk-53S6 �IELi1 BY� N/R �r��p; N � James L. Rid an, P,S.M. 633 drawh�g�nr. N_�Uatn\201A0479�pL07 PLANS-FORM BOAR�6-FlNALS�E.OT 20.dwg F�R}A B6AR0 �Xhl�lt`��" Seven Daks—Lot 20 setback wai�er a�erview We wouid like consideration for a waiver request on lot 20 in th� Se�en Oaks project. The rear yard of this particular lot has a 25' conservation easement with dense �egetation and sloping grade ele�atian towards Boat Lake.Therefore, limiting the usable space in the rear yard,the future hameowner plans to construct a pool at a later date. The frant corners of the structure encroach approximateiy 2" +/- into the 5' side yard setback;to push the house further back taking into account the tapering lot lines and lot grading will decrease the usable rEar yard mo�ing the primary structure closer to the conseniation area buffer. Since the city does not have any provisions in their current ardinances we are req�esting a waiver for the front back.