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Home My WebLink AboutVI (B1) Various Requests: (Zoning Coordinator Harper): Cox Lumber Company, Case #04VR-2000 Agenda 10-17-2000 Item VI B I "CENTER OF GOOD LIVING-PRIDE OF[VEST ORANGE" MAYOR•COMMISSIONER LF!m Ocoee 5. SCO "I"VANDERGRIFT CITY OF OCE 150 N. LAKESHORE OCOEF PIARIDA 347(407)905-3100 NANCY J. PARKER CI I V MANACGI< ELLIS SHAPIRO STAFF REPORT TO: THE HONORABLE MAYOR & BOARD OF CITY COMMISSIONERS FROM: JULIAN HARPER, ZONING COORDINATOR 99 THROUGH: MARTIN VELIE, BUILDING& ZONING OFFI I L DATE: OCTOBER 10,2000 SUBJECT: VARIANCE APPLICATION - AMENDED 04VR-2000: COX 320 ENTERPRISE STREET ISSUE The above applicant requested a "carry-over" of the September 21, 2000, Board of Adjustment public hearing to the October 19, 2000, meeting so that they could "amend" their original variance request which the Board granted (see attached "Minutes of the Board of Adjustment Regular Meeting held Thursday, September 21, 2000)." Accordingly, Staff is requesting that the Honorable Mayor and City Commissioners consent to carry over tonight's advertised public hearing until the November 21, 2000, meeting so that the amended application may be duly considered concurrently with other already scheduled variance application public hearings or carry forward as the Board may so indicate. POW dt DRAFT MINUTES OF THE BOARD OF ADJUSTMENT REGULAR MEETING HELD THURSDAY, SEPTEMBER 21, 2000 CALL TO ORDER Chairman Resnik called the meeting to order at 7:30 p.m. Chairman Resnik led the Pledge of Allegiance to the Flag and the invocation. Mr. Resnik called the roll and declared a quorum to be present. PRESENT: Chairman Resnik, Members Savino, Cox, and O'Keefe. Also present were Zoning Coordinator Harper, Assistant City Attorney Cookson, and Administrative Secretary Maxwell. ABSENT: Members Tice and Colburn (unexcused), Member Almodovar(excused) APPROVAL OF MINUTES Chairman Resnik. ,seconded by Member Cox, moved to approve the Minutes of the Judy 27, 2000, Board of Adjustment Meeting as presented Motion carried 4-0. NEW BUSINESS VARIANCE - CASE;NO.O4VR-2000: Cox Zoning Coordinator Harper began the presentation stating the applicant wished to make an amendment to their application which arrived too late to be made part of the public hearing advertisement and the public record. Mr. Harper said he was prepared to go forward with the original application but the applicant wished to request an extension until the October 19,2000, Board of Adjustment Meeting. Chairman Resnik stated a packet was received at his home from the applicant and the attorney would like to address that issue. Attorney Cookson advised the board members that this is an ex-parte proceeding and there are restrictions as to contact with the applicants that come before the board. Mr. Cookson further advised the board members they need to make a disclosure to the board prior to the meeting if they have had communication or received information from the applicant. Dave Swisher, Regional Sales Manager for Cox Lumber Company, stated the company mailed a package to each board member explaining the amendment to the original proposal. Mr. Swisher further stated Cox Lumber is asking for a carry-over until the October Board of Adjustment Meeting. Member Savino. seconded by Member O'Keefe, moved to approve Cox Lumber request to carry-over their application until October 19. 2000. Board of Adjustment Meeting. Motion carried 4-0. Board of Adjustment Regular Meeting Thursday, September 21, 2000 D u LL^�V! A F T VARIANCE - CASE NO. 05VR-2000: BORI Zoning Coordinator Harper read into the record the issue: Should the I lonorable Board of Adjustment recommend to the Honorable Mayor and Board of City Commissioners that the subject variance application be approved enabling the applicant an "after-the-fact" building permit be issued, which would allow an illegally constructed storage shed to remain within the 7.5' side yard setback of the subject property, being approximately 4.5' from the property line. The Land Development Code, Article V, Section 5-6 (13) prohibits the construction of accessory structures in side yards. Lastly, the subject shed is at least partially built upon into the 5' side yard drainage and utility easements without obtaining the Engineering Department's approval, which is normally reviewed via the building permit process. Mr. Harper gave a detailed history of the case. Staff recommends denial of the Applicant's request because: 1. The applicant failed to follow the correct procedure to first apply for a building permit before erecting the subject shed, thereby assuming the cost and risk of being rejected, as the project violates at least three code provisions. 2. The granting of the requested variances would have "the effect of nullifying the intent and purpose of these regulations" (L.D.C. Article IV. Section 4-9, `Variances". pages 10893-18094). Furthermore, such variance shall not be granted by the City unless and until "the following have been demonstrated", which none have: a) Special conditions and circumstances exist which are peculiar of the land involved and which are not applicable to other lands. b) That a literal interpretation of the provisions of these regulations would deprive the Applicant of rights commonly enjoyed by other properties with similar conditions. c) That the special conditions and circumstances do not result from the actions of the Applicant. d) That the granting of the variances requested will confer on the Applicant any special privilege that is denied by these regulations to other lands under similar conditions. Applicant, Hector Bori, stated he hired someone to help him build the shed. The applicant further stated the man hired told Mr. Bori the one year old pool permit could be addended (sic) to the shed so they proceeded to build the shed which took approximately 2 Board of Adjustment Regular Meeting DRAFT Thursday, September 21, 2000 two days. Mr. Bori stated the purpose of the shed was to keep the pool pump noise down, cover up the pool pump, and store pool chemicals. Discussion ensued. Chairman Resnik questioned Zoning Coordinator I-larper as to how long a permit is valid. Zoning Coordinator Harper stated for six months from the date the permit is issued. Zoning Coordinator Harper stated the pool permit had been reviewed and there was no slab the size of the shed on the pool permit. The Public hearing was opened. Spencer Solomon, member of the Cross Creek Homeowners Association, stated a letter was sent to Mr. Bori stating his shed was in violation of the homeowners' rules and regulations. Mr. Solomon further stated the Cross Creek Homeowners Association will continue to have problems with the homeowners if Mr. Bori's shed is allowed to remain on the property without a permit from the City of Ocoee and without having come before the Architectural Review Board. Member O'Keefe inquired as to the position Cross Creek Homeowners Association has taken on this matter. Mr. Solomon stated another Cross Creek Homeowners Association Board member was present tonight and the board would not have approved the shed due to lack of permit from the city. Discussion ensued. Member Savino stated there was no documentation of the slab on the "as built survey." Discussion ensued. Paula Snidenvind, 2453 Cliffdale Street, stated she resides in the house facing the shed. The shed muffles the sound of the pool pump. Scott Mackenzie, 2458 Cliffdale Street, stated someone made a mistake in building the cement slab and the applicant should not be blamed for building a shed on the slab. The Public Hearing was closed. Chairman Resnik stated, as chairman of the board, there are rules and regulations of the city and when a home is purchased the owner needs to be aware of the homeowners' rules and regulations. Mr. Resnik further stated if all homeowners built sheds in the easements there would be drainage problems. 3 • Board of Adjustment Regular Meeting onAFT Thursday, September 21, 2000 Member Savino, seconded by Member O'Keefe, moved to recommend to the Honorable Mayor and City Commission the denial of approval of the variance, Case No. 05VR- 2000: Bori. Motion 4-0. OTHER BUSINESS Discussion of City Commission Findings - Case No. 02VR-2000: Gage and Case No. 03VR-2000: Strosnider Zoning Coordinator Harper addressed the City Commission findings of Cases No. 02VR-2000: Gage and No. 03VR-2000: Strosnider which were: 1. The Ocoee City Commission endorsed the recommendations of the Board of Adjustment for both cases. Elect Vice-Chairman to replace Joanne Jensen Member O'Keefe, seconded by Member Cox, moved to nominate Member Savino as Vice-Chairman. Motion carried 4-0. COMMENTS -None ADJOURNMENT The meeting was adjourned at 8:18 p.m. Brenda Maxwell, Administrative Secretary John Resnik, Chairman 4 NOTIC undo REGARDING IN REQUEST ST FOR PEANCEOF PUBLIC HEAPING • VARIANCE AFFECTING PARCEL entinel °ESb ME°°EL°W CASE No BELOW COX II rMI= magEmi NOTICE IS HEREBY GIVEN,that Me Published Daily . Staff haaspaimem&meddl t ed aP be��a cvg sBas b mocat 7*tate of �floriba Xs- • mo D a ^thereafter� COUNTY OF ORANGE $.S. s 1y1 accorff JI v Ieovelop IV. eon:GCeIOge`IEOUESiance Development allow Before the undersigned authority personally appeared Julia Nichols k°• T cete slabs rffnin Me e a q o ks.the who on oath says °r. iqF as sand o` hat he/she is the Legal Advertising Representative of Odando Sentinel, a daily - No sex s x1;,Page Pewspaper published at_._Ogt4NDO 'aPc10 urtees amd.mumm fool I RA NGE in u,sseare ouse.is rvunel between _ County, Floridan "e'en1 Vacs neauo tear dov<na hat the attached copy of advertisement, being a �lOTTer 11F PURLIC n n the matter of pYUI 20N0 CO -. The^ o:a eeaa Comma .al hold n the OR1N(,E _ - tPseud re re Cons e rnlr and L e at- tic- Court, z ._ Tuesday ncno.er vas published in said newspaper In the issue:of Ariiiyisa Ie'ere or as soon SO V L Chambers m .Ocoee 347E The aCeress d the subject Pro ery is Affiant further says that the said Orlando Sentinel is a newspaper published at CCo-:t brccoely Tax l2 No t sub LRLANDO in said "^ teaz-Ees s.00-r4c. _ORANGE _County, Florida, i-s terse iss�n pursuant to rid that the said newspaper has heretofore been continuously published in In Aare oa.e!opment Code'imel t`aid ORAYG4' _County, Florida, ed par es ach Week Day and has been entered as second-class mail matter at the post emetres appear e A Copy t thee dice in O(jL►MD.O in said dee°e s E C.yamined ,r, ORANGE County, Florida, I YseriN L '°e° o o °,A" I rr a period of one year next preceding the first publication of the attached me I s opy of advertisement; and affirm further says that he/she has neither paideMondayll through 9iheen Me nous o'BOO p or promised any person, firm or corporation any discount, rebate, the";es 95'or'unher am cmmission or refund for the purpose of securing this advertisement for ubllcatlon in the said newspaper_ mom m,m Dr; us.,e. or '-e s,an _ • ann !men an nmy re foregoing instrument was acknowledged efore me this 14th dayof • . .� toRevised that Me A t near- Sept. , 20 00 ,-by is ichols l rff Cases el any teener.- q. s tee. 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