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BOAMin10-22-97HOARU OF ADJUSTMENT LONG W OOD, FL Octabor 23, 199] PRESENT: STAFF': Jim Daty, Chnirmaa Carl Gasline, Planning Div. Mgr. Ruasell Hammond Joho Groeaendeay Planning Alde Huvanne Wildw Damara Curbelo, Planning Searemry Timothy Orange Leum Mcehlcnkamp Thes represe mary of the a wM1ich oc awed. The City of Longwood does omprovidea verbatim record of BOA ac snsHow autliotapea of all eOAm rings malntaiscd as pert of the City reeordsraod are available for listening daring n anal working M1ours. L CALL TO (IRDER: The Board of Adjustment ~rieeting was call to order at 6:00 P.M. 2. Mr. Hnnunond moved to approve the September 24, 199"1 minutes as submittM. Ms. Moeldenkamp seconded the rwtion and was passed unanimously by voice vote. 3. OI D BUSINESS: None a. V N 9] D WATTF.RS -(O.ID1: Ms Wdder asked T the public rwtxes for the vmlvtces regaesr were published m the Savtord Herald. Mr. Groeriendaal replied yes. Ms. Wilder contmued with announcing Project # VAR-03-97. Mr. Groene'aal stated Nat the applicant is Culton Honxs, Inc., had applied for a o reduce the comer yard setback fiom 25 R. to I S R. 00 one lot in the I.,ongwood Club Subdivision. The applicant assess that Neir typical 60 R. by 64 ft. building pads did not fit no the turner lots because [hero is a 25 foot front and a 25 foot comer side setback fiom the strmt for the corner Tots. The applicant further rte that redesigNrig the house to frt the comer lot will wst approx'unately %8000 and delay tM sak by tlvee months. The staff recommends the BOA approve project #VAR-03-9], based on the findings ofF et and subject to the condition stated fn agerda memo dated October 16, 199]. Vice Clarirmm~ Wilder. opened [Ira public hearing for discussion and asked for those in 6vor efthe va Mr. Marcus Wafters, Vice Presidevf ofCalmn Homes, Ivo., explained that the reamn for the variances is bzcause Inngsmod Club subdivision plat was recorded with [Ivee ter lots with established building peck Thebvildable area Inside aII the setback requicemevts, wxe smaller than the builder'a typical design E e the suhdlvisiov. The budding lad for i.nngwood Club requims a 60 ft, by 64 ft. Reducing the comer yard setback from 25 ft. m I S ft. an the three lots in question will allow the Calton Humes m the sam housing types as the r t of'the subdivi n. Mr. Watt s stated mee theta am oNy ihtee lots m the 521ot subdivision where the Dome setback poses n, the proposed variance does not create, or continue, a use which is moompa bIa with the adjacent land usea Nr. Daly eked why they purchased these bts pthey krrew that the proposed houses would trot be appropriatefor drew Tots. Mr. Wafters stated that they did not plat the bts, theypw J>BSed the Iota fiom RRM llevalopment. Mr. UNy asked wbedrer the developer studied the plat to make sate that the houses would ba appropriate fir these Iota. Mr. Wafters stated that iheydid study the plats, but N order m be mnsistenf with the original plans the houses need to be the svne He also explained at some point they did realize that Urree comer lots would fat uke a 60 R. building pad, so they lad two options to try and redesign a new house that would be appropria[e or try to get [be variance to allow CaiWn (tomes to build a house with there original pions. Ms. MoeFilenkamp stated that ecotwmic hardship should vat be sufficientjustification to grant a variance. Mr. Watt<ts explained that is not the only coreidemtiom the physical characteristics ofthe subject Ims are unique within tws svbdhisiov eM some afaur products da not ht. Ms. Wilder wasfmclearu to the s¢e ofrhe houses. Mr. Wafters explained that they vemge 30W sq. ft., they have a smaller house that is above 2500 sq. R and the largest w about }g00 sq. R. which is a two story, but [he width of the houses are at160 R. wide. Mr. C enerdaal aked the ROA trember to consider the applicants rcquen to waive the ninety day time limit raga"ved by Chapter 24-103.Oi. Vice Clair Wilder passed the gavel back to Chairman Daty. Mr. Daly asked for any Mher oppositio oche variance #VAR-03-97. NO Other persons me forward. Mr. Daly aked for amotion to close the public hearing Mr. Orranee owed to close the public hearing. Ms. Wilder seconded the motion and was passed nrunimously. Mr. Ormnge moved to approve project MVAR-0.~9] based an the finding of fact and condition stated in staQreport dated October 16, 199"1. Ntr. Ham rood seconded the oa The motion eartied by voice vote Mc Daly "Nn', Ms^ Wlder No', Mr. Hammond ' Yci', Mr. Orange "Yes". Ms. Moehlerikamp "No'. vote was 3 to 2 against the motion. The motion foiled- The staRrequested the Board ercmbers to give rntiorrde for denul, as the hearing was quasi-judic'raL Mr. Daly stated he dettied the varunce because due diligence was trot exercised on the part of the builder when he purchased the property. Ms Wilder s~stal she denied the var ce becv when the property was pwehased the builder should have done more reuarche to the time of purcltasivg. Ms. Moehlmtkamp stated she dented the variance because she f Is ewoomic hardship slteuld not be snEficicnt justification to grant variance. b. 1 E B T WO T 4 S LOIU1 Mr. Daly aked if the public notices for the variances request were publisbed in the $anlOrd t{emld. Mc. Gmetwrdsal mpled said. Mr. Ua1y cominued with annowcmg Project gVAR-04-9>. Mr. Daly asked for a motion to opened the public hearhtg. Mr. I larmnond moved to open the public hearing fbr Prgecr #VAR-049]. Ms. Wilder seconded the motion and was passed munimousty. hh. Daly asked ifanyone would like to speak in favor of the variance. Mr. Waiters stated that hedidn't fcel eoommie hardship was their major wvicera Calton Homers s tryiv6 to be w with their oRering in square footage and property value ro the potential cusimners tin the Longwood Gub Subdivision. Mr. Daly askW whether they look into consideration the sizes ofthe lots before they purchased the lots. He also elated that the wmu Tots usually goo rata iwre htoome for the builder arrd deveoper. Mr. Wailers ecplom that a corner lot actually is ostly far a builder because it requires more sidewa0<s arA for a developer i[ requires more curb. He also f Is that s a person's persorel opiruon as to the home Ihey would like to five Lk whether it rs a comer or a wooded area. kde Ualy asked if there is anyone that twuld Tike to speak m Favor or inopWSiiion. Mr. llaly asked for a motion to close the public hearing. Mr. Orrange moved to close the public lxv mg. Nr. HammoM sewnded the motion and was passed unanmously. After some diswssion among the Bosrd members, Ms. Wilder reconsidered her opinion toward the variances. Mr. HanmoM vwrYd to approve request project kVAR-04-90. Ms. Moe6lenkamp Bonded the motion. Ms. MoeNeiJ:amp "No". Mr. Oaange "Yes". Ms. W lden~ 6Yes'", Mr, Daly "NO", Mr. Hammond "Yes". vote was passed 3 to 2. c. I Y RD A R DL RI)N L(1NGWD()D - APPLICANT: MARCUS WATTFRC .ID.IDI Mr. Daly asked if the pubhe notices for the variances request wem published N the Sanford Horakl. Mr. 6roonendsal replied yes Mr. Daffy continued with announcing Project'd VAR-OS-97, Mr. Daly asked for a motion en opened the public hearing. Mr. Oaavge moved to open the public heaiing for Project kVAR-OS-9'1. Ms. Wilder seconded the motion and was passed unanimously. c.Wffi wpaah..pdocswvatbovtoo?9'1 ns Mr. Doty asked itanyonc would Tike to speak in f vur ofproject dVAR~05-97. hU. Wafters stared drat variance dVAR-US-9] has the same issues as the other three. Mr. Daly asked ifthere is anyone that would Iko ro speak in favor or in opposition. Mr Daly asked Or a moron to clorethe public hearing. Mr- Orrnnge moved to close the public hesirng. Mr. liamtrwnd seconded the nwtion and was passed urunimoasly. Mr-Orr ge moved to approve thevanvneedVAR-OS-9]ba~zd on the Mding oEfa<t and conditions svned in staff report dared Oerohet 16. 199. Mr. Hammond condzd the motion. Mr Orrange "Yes'. Ms. Wilder "Yes'. Mr. Daly "No'". Mr. I3ammond'Yes". Ms- Moehlenkamp'NO', vote passed 3 ro 2. Mr. Daly moved ro reopen discussion for variance Projecr dVAR-04-97. passed by Ms. Widec rmvetl to sound the fording of fact and condition on Projecr dVAR-04- 9] specihcally .with the conditions of the ninety day rime limit required by Chapter 14103.Oi shall be waived. Ms. Meehknkamp xconded the motion. Nv. Hammond "Yes". Mr. Daly "NO-. Ms. Wilder'Yes'. Mr. Orrange "Yes'. Ms. Moehlcrikamp -YCS'. vote passed 4 to t. Variance project dVAR-049] is approved with the condition. d. VARI NCF -VAR-06-9] - T()REDUCE THE RFA.~$FTRAfK FROM I T D FR ~. L N - APP WATTFRS - IO tDl Mr Daly asked if the public notices for [he vvrianees request were Dablished in the Sanford }ICrald. Mr Gme~rendaal replied yes. Mr. Dalycontineed with armouncing Project dVAR-04-9]. Mr. Doty asked for a motion to open the public lusting. Mr. Orrange moved w open the publicheming for Pmjen dVAR-06-97. Ms Moehlenknnrp seconded the mourn and was passed urivrimously. c.wRCa n mwaav~srnuesnoaiotr2.9n ps Mr. Daly asked ifthere b anyone that world like to speak W favor of project #VAR- 06-9]. hh. Wieners explnlned thni Nis variance is diffent Mcaax the request is for the rear yard setback 6om IS (i. to 13 fi.. This lot is righl in the front of the subdivis n. ttiM Ueveloprent had to widen the e c ofthe road oc trvnodate unity gate. The instillation ot'rM gate used the west of the subjuct lolroabout wo feet short n than the east lip ofthe lot, This vtuation cauxd the re¢r setback to betwa feet shoo. Mr. DWy asked whellvr the applimnt submmed the final plat. Mr. Nattus explained thn the pint he submitted Is the recorded plat at Seminole County. Mr. Daly asked if Calton Ho~txs could redasigv a house for that lol. Mr. Wailers stated tba~ Callon Flomes coWd build a house tlat would fit that lot, but it would not be consistent wh6 the oNee houses thal are already constructed. Mr. Doty asked if there # anyone that would like to speak in favor or in opposition. Mr. Daly asked Poramotion to close thepublic hearing. Mc Ort¢nge moved to close the public hearing Por project #VAR-06-9'1. Ms. Wilder seconded the nrotion and was passed unanimously. Mr. Orrange moed to approve the variance #VAR-O6-9] based on the fnding of'fact and conditions. Ms. Wilder seconded the motion. Mr. Hammond "Yes". Mr. Daly "No'", Ms. Wilder "Yes'. Mr. Ortvige "Yes". Ms. Moehlenkamp "NO'", voce passed 3 to ?. Mr.Orrange requeued tl>at the Board members ropen project #VAR-03-9], due to the fza ihvt a Bored member has reconsidered rhea positiov. Ms Wilder moved to reopen Varinnee request project #VAR-03-9] for discusvon or'gsDOA members for rec nevlera v ofa negati e Chairman Daty sated tlta~ i vould have a Lc a negmive voter ro second hay moron. Motion died for lack ofas ond. 5. AD.I(1DRNMENT: The DOA meeting adjourned at ]:3D p.M.