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BOAMin09-07-85BOARD OF ADJUSTMENT city of Longwood The Board of Adj us 4nent held its regal arty schedui ed meeting on September J, 1985 at J:30 P.M, in the Longwood City Comm scion Conference Room. Present: Frederick Pearl, Chairman 4lowa rd Lefkowitz and Dave Schulte, onn;e shomate vmr;da aes;dent; ai cmm~nn; t; ea Rod Cable A. Hanni9 an and e. Martin, Centex R.A. Bryant, Bui idi nq Official Homes Enterprises Geri Zambri, Deputy City Clerk Absent: Ronald Korb David A. Lewis 1. The meeti no was called to order by Or. Pearl at J:40 P.M. 2. Approval of Minutes of September 5, 1985 i~lork Session and September 5, 1985 Regular Meeti nq: Motion by Mrs. 5homa te, seconded by Mr. Cable to approve the Minutes of the September 5 41ork Session and Septenber 5, 1985 Reg ul ar Mee li ng es written. Motion carried by a unanimous voce vote. 3. Continuation of Public Hea ri ny from 9_5-85. Variance Rey_ues t. ~Applican t/Owner: fi or ida Residential Communities. Coca ti on: loi ~9. Ti baron Hi1Ts PFa se IlI Barrington Variance from raga, retl side ya rtl setbac to .3 side yard setback. Motion by Mrs. 5homa te, s conded by Mr. La bl e, to re e the variance request frwn the table. Motion carried by a unanimous roll call vote. Mr. Lefkowi tE stated pursuant to the Board's suggestion, he hatl approacM1ed the adj a<ent property ow r to purchase the 19 inches of property needed and the ow of the property was hig h1y un one 61e in his request for payment 9or this smal it piece of property. Mr. Lefkowitz stated he chose not to pay the price as he was of the opinion that he met the criteria for a He stated the contract s i9 ned on May A, 19A5, plct plan wa submi ttedaa nd approved for boil tli ng permit onsJ Une 6, 19A5, construction began on June 24, 1985 and the foundation survey was ved 25 days later. Ne stated when the foundation survey was re vetl they realized they hatl an r of l9" into the setback. On July l9, thecCi [y was formally notified of the errorea ntl, Mr. Lefkowitz stated, the City infprcned FRC of the need for a application which w appl ietl for and r w by the Board w Septemher S,c1985. Mr. Lefkowitz stated c ns trot ti on w stalled for threeaweeks, they re sumed co ruction as they would have lost approxima tety $20,000 had they rn down wha tnwa on strutted. Mr. Lefkowitz stated that by buyi n9 the property o~ly the proper tysl ine would change - the intent of the code is stilt met, whether the property tine changed or not, and not granting the va would ca undue hardship, and the distance between the houses would not cha ogee Mr. Lefkowi tz a1 so stated that there is a total of 15'5" beween the hous es a nd that the M1ouse in question does not enroach into any ea en ts, only the setback. Ne Further stated that the a chment appeared on thesplci pan and that neither his office nor the City rrottcad it.prior t of a building p mi Y. Mr. Lefkowitz stated M1e believed there ~a su£fi cientsr si der this request a hardship and that if FRL w s forced to expend them neynand suffer a financial hardship, it would not cha n9e anychi ng. Mr. Cabie a ked if the boil ding could be altered without substantial alteration. Nr. Lefkowi ti replied it could not as 'it wa a bathroom area and there wa a full foundation under the area with pi umbi ngs Or. Pearl stated that the Ci tysAttorney stated that the c umstanc es must not result from the actions of the applicant. Mr. Lefkowitz sta tedr the City was also at fault for approvi np the building permit. Mr. Lefkowitz stated that iF the Board granted the variance, he aoare of ndiustment -~ septe,7ner ~, t9o5 could indennffy the City ag nst anythi n9 that nay occur for the period of time under statute of 1im l to tions~ 1lotion by Mr. Labl e, s conded by firs. Shpma te, to approve the variance requested by Florida Resid entiel eGOmnu ni ti es for Lot 109, based on Section 163.225, Florida State Statutes, stating there wa site error by a City Official i vi n9 a building permit on plat plan of June 6, 1905 which indicated an inadequate setback, and with Florida Residential Cormuni ti es intl©nnifying the Li ty for the tine limit under sta Wte of timi to Lion. Motion carried by a anon lmous roll call vote. 4. Public Heari nq -Variance requested by Centex Nanes Enterprises, [nc. frpn regal re oot root set zc to a got root set ac on prppos ots 5] through 61 and 69 through R1 in the proposed Hidden Oaks Subdivision. location: south side of Longwood Hills Road, east of Hest Lake. ..oni nq R-1. Mr. Hart;n stated the variance was regwestea to as re max me nines wpmd not be built within the flood plain. 11r. fla nn igan stated there we very large oak trees and pines i the property and they wanted the fl ex ibil ityeof bei n9 able to locate the Houses ni order to sa is ny trees as possible. Nr. Hannigan further stated tha to the Land Pl anni no An envy had re Wended the variance be granted on all of the tats requested except for Lo tc61. He further stated that the prelim nary plan far the subdivision has been approved and they had submitted rne;r f; Hal plan for rev, ew at rn;s tame. Motion by ttr. Cable, s conded by Hrs. Shcmate to approve the variances for Lots 5] through 60 and Lo tse69 through el, proposed Hidden OaY,s Subtli vi Sion, to exclude Lot 61. Ho ti on carried by a una nlmpus roll call vote. 5. Add1 ti onel discussion it Nr. Cable questioned who has the right to is a stop order on ons traction. tlr. Bryant replied that the Bvil ding Official doese hoiaever in the FRC ca iY made e to let FRC continue to wor Y. on the House and take their chances with theevar is nce request. Ne stated that at the time of discovery of the error, it still would M1ave cast FRC a good deal financially, Geri Zambr i, Oep. City Clerk C1 tv o4 Longwood, Florida