Seminole Board of Adjustment Approves Variance for Unpermitted Structure Amid Homeowners Association Dispute and Contractor Fraud Allegations
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Meeting Type:
Zoning Board
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Meeting Date:
08/26/2024
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Recording Published:
08/26/2024
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Duration:
59 Minutes
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State:
Florida
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County:
Seminole County
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Towns:
Altamonte Springs, Black Hammock, Casselberry, Chuluota, Fern Park, Forest City, Geneva, Goldenrod, Heathrow, Lake Mary, Longwood, Midway (Seminole County), Oviedo, Sanford, Wekiwa Springs, Winter Springs
- Meeting Overview:
In the latest meeting of the Seminole Board of Adjustment, the board approved a controversial variance request for an unpermitted structure, which had been built by a contractor under investigation for fraudulent activities. The meeting also addressed several other variance requests, all of which were approved without opposition.
A significant portion of the meeting was dedicated to a discussion regarding a structure erected by an applicant that was later found to be unpermitted. The applicant attributed the issue to the actions of a contractor, Jim Marquee, who was alleged to have fraudulently taken over $200,000 from various residents in Seminole County. The applicant openly acknowledged the error, stating, “I trusted I believed this process came on board,” and expressed a commitment to rectify the situation as requested by the county.
Board members debated the implications of the applicant’s predicament, with one member comparing land use considerations to a game of Monopoly, emphasizing the importance of following established rules unless there is mutual agreement for variations. The board member noted, “I kind of feel like it seems like this applicant’s neighbors are in support and that is coming up against a homeowners association.” The sentiment expressed was that while homeowners associations (HOAs) have valid concerns, the collective will of the neighborhood should take precedence.
Mr. EV, another board member, echoed this viewpoint. Engineering staff clarified that the county’s decision-making does not need to be contingent upon HOA approval, as long as the variance request aligns with county guidelines. Additionally, Nisa Borer, a representative, emphasized the county’s responsibility to implement variance criteria fairly. “It sounds like the applicant had an unlicensed contractor come in that didn’t do what they were supposed to do,” Borer explained, advocating for the recognition of the applicant’s efforts to rectify the issue.
The variance requested was recognized as the minimum necessary for the work already completed and was deemed to align with neighborhood harmony. The board ultimately voted in favor of the applicant, distinguishing between private HOA matters and county regulations.
Following this contentious item, the board swiftly moved through several additional variance requests. Among them was a request for a rear yard setback variance from 30 feet to 4 feet for a shed on Eileen Avenue in the Shady Yol subdivision. The proposed 640-square-foot shed would encroach 26 feet into the rear yard setback. A board member inquired about an existing shed on the property, and staff clarified that the existing structure was not part of the current request. The motion to approve passed without opposition.
Another notable item discussed was a side yard setback variance request from 7.5 feet to 0 feet for an existing single-family dwelling on Dixie Avenue in the Dixie Terrace subdivision. Staff recommended approval based on the property’s designation as a community development target area. The motion was approved unanimously, with no opposition voiced.
The board also considered a request for a front yard setback variance from 50 feet to 30 feet for a single-family dwelling in the A1 Agricultural District in the Eureka Hammock subdivision. The proposed residence would be approximately 1,700 square feet and would encroach 20 feet into the required front yard setback. This item, like many others, passed without any objections or additional comments from the applicant.
Additionally, the board reviewed a variance request for a front yard setback reduction from 100 feet to 42 feet for an accessory dwelling unit (ADU) on Thomas Stable Road in the A1 zoning district. This request aimed to convert an existing dwelling unit built in 1945 into an ADU to allow for the construction of a new primary structure on the property. The motion to approve was made and seconded, with unanimous support from the board.
Finally, the board addressed several variance requests related to height restrictions for new structures, primarily concerning utility installations. Cathy Hamill from development services presented these items, explaining that the variances were necessary for the installation of 40-foot-tall poles equipped with antennas for remote meter readings. Each of these requests met the established criteria and was approved without opposition.
Zoning Board Officials:
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Meeting Type:
Zoning Board
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Committee:
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Meeting Date:
08/26/2024
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Recording Published:
08/26/2024
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Duration:
59 Minutes
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Notability Score:
Routine
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State:
Florida
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County:
Seminole County
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Towns:
Altamonte Springs, Black Hammock, Casselberry, Chuluota, Fern Park, Forest City, Geneva, Goldenrod, Heathrow, Lake Mary, Longwood, Midway (Seminole County), Oviedo, Sanford, Wekiwa Springs, Winter Springs
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