Loading...
HomeMy WebLinkAbout07-26-90 %rr MINUTES OF THE BOARD OF ADJUSTMENT MEETING HELD JULY 26, 1990 CALL TO ORDER The meeting was called to order by Chairman Beatty at 7:30 p.m., followed by the Invocation and Pledge of Allegiance. PRESENT: Chairman Beatty, Vice - Chairman Colburn, Members: Rhodes, Wix, Planning Director Behrens, Senior Planner Harper, Building Official Flippen, Secretary King. ABSENT: Members: Boggs (excused), Alternate: Foster (excused), Miller (excused) OLD BUSINESS Board Member Wix moved to approve the minutes of June 28, 1990 Board of Adjustment Meeting. Board Member Rhodes seconded, and the motion was approved unanimously. NEW BUSINESS ELECTION OF OFFICERS Chairman Beatty and Vice - Chairman Colburn both stated that they were available to serve in the same positions if the Board Members so desired. Also, Secretary King would still be provided by the City. The floor was open for discussion or recommendations, and since there were none, Board Member Rhodes moved to keep the same officers presently serving, Wix seconded, and the motion was approved unanimously. Chairman Beatty (1 year term: 8/90 thru 8/91) Chairman Colburn (1 year term: 8/90 thru 8/91) CASE NO. 1- 4V- 90:M /I HOMES The variance application was submitted by M/I Homes, Inc., 901 N. Lake Destiny Drive, Suite 185, Maitland, FL 32751. Present at the meeting was Chris Hine and Charles Sharman both employed by M/I Homes, Inc. The variance application submitted is related to their new subdivision, Plantation Grove West, located on South Maguire Road. The Petitioner requested several issues that were to be discussed before the Board of Adjustment and they are as follows: Board of Adjustment Meeting Minutes July 26, 1990 Page 2 1.) The Petitioner requested that they be able to erect its two subdivision entrance wall signs to the height of 11' -6 ". The reason for the request is to allow architectural continuity and visual appeal as stated by Mr. Hine. The Building Official ruled that Chapter III, Section 3(2) of the Zoning Ordinance specifies that no fence shall exceed eight (8) feet in height. Staff's recommendation was that the petitioner should not be permitted to build the subdivision entrance signs as requested. After a lengthy discussion and reviewing the eight (8) items in Chapter 2, Section 4.5(3) of the Zoning Code. A motion was made by Vice - Chairman Colburn to deny the request to the height of the wall, seconded by Board Member Rhodes, and the motion was approved unanimously. 2.) The Petitioner requested that they be permitted to erect a 10' fence surrounding the tennis court to be located on a portion of Tract "A ", between Lot 95 and Lot 72. The Zoning Code, Chapter III, Section 3(2) specifies a maximum fence height of eight (8) feet and no more than four (4) feet in height when located in the front setback. Staff's recommendation was that the petitioner should be allowed to build a 10' fence surrounding the tennis court, but be required to shorten the length of the playing surface as required to conform to the 25' front building setback line. There was very little discussion by the Board when Vice - Chairman Colburn moved to approve the 10 foot fence around the tennis court, Board Member Wix seconded, and the motion was approved unanimously. vote. The other issue that was to be discussed by the Board, that was brought up by staff and not the petitioner, was to determine whether a tennis court was a building or a structure in order to determine if the front yard set -back applied in this situation. Mr. Harper stated that nothing can be erected over four feet in the 25 ft. set -back from the front property line. The Petitioner debated the issue that the recreation area should not be considered as having a building set -back line. The property is owned by the Homeowners Association and the street are private. Its purpose is strictly for recreation. After a lengthy discussion with views and opinions by everyone, finally a motion was made. Board Member Wix recommended to the Board of City Commissioners that the tennis court should be considered as a structure, not a building, therefore, no variance is needed. Board Member Colburn seconded, and the motion was approved unanimously. Board of Adjustment Meeting Minutes July 26, 1990 Page 3 3.) The Petitioner requested a building permit to erect a 10' high black windscreen around the tennis court fence that will exceed 50% opacity. Vice - Chairman Colburn recommended to the Board of City Commissioners to approve the windscreen around the tennis court fence since a variance is not necessary due to the above item 2.) that stated the tennis court is a structure which does not apply to the building set -back requirements. Board Member Wix seconded, and the motion was approved unanimously. 4.) The Petitioner has made no provision for onsite parking to accommodate the users of the recreation area, per Chapter III, Section 9 "Off- Street Automobile and Vehicle Parking and Loading" and claims that none is needed, because he feels that all users of the recreation area will walk to the site. The most distant 4 11rr building lots are located approximately 1,600 feet away from the recreation area. Staff's recommendation was that the off - street parking requirement for the recreation area be referred to the Planning and Zoning Board, pursuant to the authority granted by Chapter III, Section 9.7(8) of the Zoning Code, for that body to establish the off - street parking needs. Chairman Beatty moved to recommend to the Board of City Commissioners that the off - street parking requirement for the recreation area be referred to the Planning and Zoning Board for an administrative review. Vice - Chairman Colburn seconded and the motion was approved unanimously. COMMENTS Planning Director Behrens stated to the Board Members that the City's existing Land Development Regulations Book needs amended. He encouraged Members to submit any codes they have questions about to Julian Harper, Senior Planner. Building Official Flippen stated that the judgement tonight on the building set -back line ties his hands as far as allowing anyone to come in and build a tennis court in their front yard. Chairman Beatty stated that he would be open to the idea of arranging a committee to address changes to the Code Book and that he would be available for such a committee. Citizen comments: none 'r1r Board of Adjustment Meeting Minutes July 26, 1990 Page 4 ADJOURNMENT Board Member Rhodes moved to adjourn the meeting, Board Member Wix seconded, and the motion was approved unanimously. The meeting adjourned at 9:20 p.m. IRMAN ATTEST: SECRETARY RING ‘Irr rr