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HomeMy WebLinkAboutVI(B) Request For Variance Case No 03VR02001: Smith Agenda 5-01-2001 Item VI B "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•COMMISSIONER Ocoee S.SCOTT VANDERGRIFT °�` CITY OF OCOEE rrr p COMMISSIONERS r 150 N.LAKESHORE DRIVE SCOTT ANDERSON DANNY HOWELL OCOEE,FLORIDA 34761 2258 RUSTY JOHNSON \/. (407)905-3100 NANCY J.PARKER Op G000 v` CITY MANAGER JIM GLEASON STAFF REPORT TO: THE HONORABLE BOARD OF CITY COMMISSIONERS FROM: JULIAN HARPER, ZONING COORDINATOR it THROUGH: MARTIN VELIE, BUILDING AND ZONING OFFICIAL`" DATE: APRIL 20, 2001 SUBJECT: VARIANCE APPLICATION - CASE NO. 03VR-2001: SMITH 890 KIMBALL DRIVE ISSUE Should the Board of City Commissioners approve the Applicant's request to build an attached garage approximately 7.8' from the subject's rear property line in lieu of the Land Development Code (L.D.C.) specification of 25'? BACKGROUND/DISCUSSION The Applicant filed a building permit application to build a 28' x 30' garage on December 8, 2000, but it was rejected on December 11, 2000, (see Exhibits #1 and #2, "Site Location Maps" and Exhibit #3). The building permit was rejected because the proposed garage would be approximately 7.8' from the rear property line, a 17.2'+- intrusion into the rear yard. The subject property is a corner lot but according to definitions 282 and 283 of the L.D.C. (see Exhibit #4 and #5), "the front yard shall be considered as parallel to the street upon which the lot has its least dimension...the rear yard shall be at the opposite end of the lot from the front yard." In other words, the southerly street frontage is the front yard. Please note in this regard that a 12.2' x 20.9' room addition was made on the east side of the dwelling without a permit which resulted in a 13.1' setback which precludes that yard from consideration as a possible rear yard. The Applicant has stated that he wishes to build the subject 28' x 30' garage as a replacement for a smaller one that was destroyed by fire. That garage was also built without a permit as it did not meet the rear setback as it's northern-most wall was only 19' from the rear property line; therefore, it was an ille I non- conforming structure and can't be built back as it was before it burned. 'nally, the Applicant has constructed an approximately 12' x 14' non-permit etal Pow Pr ect Ocue„slate:RtSc r+".tls r` 's "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•COMMISSIONER Ocoee S.SCOTT VANDERGRIFT OY .% CITY OF OCOEE �U- ••y p COMMISSIONERS •Ns �� 4.i a 150 N.LAICESHORE DRIVE DANNY HOWELL �, SCOTT ANDERSON :_. OCOEE,FLORIDA 34761-2258 RUSTY JOHNSON `�tilFN,_.. 4`�� _ (407)905-3100NANCY J.PARKER 0 GOO CITY MANAGER JIM GLEASON storage shed as depicted on Exhibits #2 and #3 which Staff recommends for removal should the proposed 28' x 30' garage permit be issued. BOARD OF ADJUSTMENT The Board of Adjustment voted 5-0 at its April 12, 2001, public hearing to recommend the Applicant's variance request. RECOMMENDATION Staff recommends denial of the Applicant's request to build the proposed 28' x 30' garage as it would be approximately a 17.5' intrusion into the 25' rear building setback. The Applicant has made no showing of hardship etc. as described in the four following threshold requirements that are specified by the • L.D.C., Article IV, Section 4-9, pages 18093-18094, and if granted would have "the effect of nullifying the intent and purposes of these regulations." 1) "Special conditions and circumstances exist which are peculiar to the land involved and which are not applicable to other lands"; 2) "That a literal interpretation of the provisions of these regulations would deprive the Applicant the rights commonly enjoyed by other properties with similar conditions"; 3) "That the special conditions and circumstances do not result from the actions of the Applicant"; 4) "That the granting of the variance requested will not confer on the Applicant any special privilege that is denied by these regulations to other lands...under similar conditions." PawTit Pn ect ilrnee'a;dater Resources s • R • 1J tidy • ..•• ,• •• >• •.n ..• . § • . . ••.. ; ' ,• *. ..' ' ." • ff: �' .'� S'r .11,16Fi r •. ,, r f T sx • RUSSEL , ; .: h PARK :t '' / l- AA/ AAKE ve••••41k•. T . :.. �.� PEACHY -• •• :•��,,�► . :• °_ f • LAKEVI£W EllP.::: ./...1r.: 'P.A.-s' ; ••••• ' :; . • LAKE . ; ;•;° ♦o-V a '� ,� •1•• • CtQSt1VO`0 III r - 'i f.'VKA 7 .S 4TPAL PARK y • : - •.� SKA .-" .. : • •• F'I tfI� L(V IyA4 �:A • ... .: :ems. • Lti . 04 HAiWAII _ ; x�.. ' yi 'r• P$?Nrr . • t.� • VANDA V7 • Ix,,,SIT# 1 . .. , , s ire L OcAr ite At A If 4A ..: . ©c I . . • cns NO. 3 a- 00/:sfri ire •• PLAT OF BOUNDARY SURVEY . • LOT 45, TWIN LAKES MANOR 3RD. ADDITION, ACCORDING TO THE PLAT THEREOF AS RECORDED • • IN PLAT BOOK 9, PAGE 27, OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA. . . EXI//4iT# Z �t „. : .. • • = 0579:1J" R= .J80...3.1' • per : D= 0529'47" P PLOrPL ' L= 36.49' P � . C2 • PjQOf Os.6.0 � �G I R= O.00'. �7,/R�E /�0A1 ��4�- 1� F�\ E CORNER IS 0.4' I� �= 47.12'z. OP • TV .B & 0.5' E OF �t"if 01°• -'Q7/ LOT 44R154 �5''� .\PROPERTY CORNER 49.96 50.00' P • . / • 4. S,tv� C2 �2,•• o. wp 812 `yo �Q b', - w, N554724"E • FENCE CORNER IS \ / Ira /V v; /P .0 LOT 45 N 55'55'24" E P 1..0' 5 & 1.4' W OFF./ •`: ► i� CONC G� c. 1 / PROPERTY CORNER •1•0\ \\ .. / Y � t�ll� Ik•' •••�<'� �� FENCE CORNER.IS /�'� •' �o� 30' . \ CG , \2� 08' OUTSIDE `� OF PROPERTY LINE leg*1 ‘.1.• ,.3 \ • G O�IE • T 13.1' FENCE END IS ,/; iq 1/04 'i . • 0,5' OUTSIDE • GOtJ k 1 STORY y \ OF PROPERTY LINE g� • . fy . • RESIDENCE �( 89O --a • /} i bpi \ A In �co,LP, v. \ \ • • scALIN 1k S F O C' "� ��(_,_0 ALSO 0 FOUND;1/2" IRON ac'N • OZc cr., . CO'•O• DER . \- ROD, 1.23' S & 0.25' E 0. �O,S�`YC, •• y m f�NAG•S y GOY /.�'OF PROPERTY CORNER a0' ge\• <1- 30.1' ‘•'' QED �, FENCE CORNER IS ' 0 RD L� 0.6' S & '1.1' E•OF 9G�,?4�r� • 1 LOT 45 • 3�5 ? ��` .� PROPERTY CORNER g� • Z A` •� � / Q lV�Q�r �� ` A of P;����' . \ e° stl 1 • . N. • • \ LEGEND; • • • A SET MAC NAIL; DISK "ASI LB 6915"; . s . SET 1/2" IRON ROD & J+ CAP ASI.LB 6915" a0. . 0 0%,,, ! FOUND 1/2" IRONS•PIPE . CERTIFICATION TO: uS.N•• 0 .' NO ID, IN PERMANENT • a.-1 CONTROL POINT POSITION JOEME SMITH c"�o. ® : TELEPHONE RISE ' • .® . WATER METER ' SURVEYOR'S NOTES: . . /7/ COVERED AREA. 1. THE SURVEYOR DID NOT PERFORM AN ABSTRACT OF TITLE. THE ABOVE REFERENCED PROPERLY MAY BE -X- FENCE • • • SUBJECT TO ADDITIONAL EASEMENTS, RIGHTS-OF-WAY AND RESTRICTIONS OF RECORD, IF ANY, D • DELTA 2. LEGAL PROVIDED BY CLIENT. . . I ' • 3. SUBJECT PROPERTY APPEARS TO LIE WITHIN ZONE C. ACCORDING TO THE F.LRM. LAP/ 120185 0005 8, R : RADIUS DATED NOVEMBER 1,1978., L LENGTH 4. UNDERGROUND UTILITIES AND/OR IMPROVEMENTS WERE NOT LOCATED EXCEPT AS NOTED. . , 5. BUILDING TIES SHOULD NOT BE USED TO REESTABLISH BOUNDARY LINES. P PLAT- -, - ' . 6. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL RAISED SEAL CONC CONCRETE OF.A. FLORIDA LICENSED SURVEYOR AND MAPPER. 7 BEARINGS SHOWN HEREON ARE BASED ON THE EASTERLY LINE OF LOT 45, AS BEING N 28'33'37- W, ASSUMED. • mar 11/22/00 I SCALE: 1 = 30' I CAL. BY: BST DRAWN BY: BST JOB NO. 100243 : 6 4,r, A/e, 3 1/4'-zo -/:. 11)/7-/,/ • 14/411A9GFAIeNT ,A0070osf.D. 64,46.4 NN\7* . EA#11/11/7.4 ? \ • NoKT 5A • ' ,, • I 6#1,4t64— 41 • \SS • riliP Ap. 1' 7..0 ieg• A-,0-4-; ilh. fli, -4v FENI ,44 , \-s-. 7OA 01, 14271/: LOT PRO / •sw -- '- \) ! ' \.. .- . • s . .H I <,3 N1 , . • 4. /Ali 7 g' * 1 • c,c, _ ,,,,,, . • -.Z.-1 \ ' ' 4.kb a i'D •• • ' l• • ' . :: .:1 -- - POS ' • • •- .CP6!•.0*- . . ... • V. )RNER IS \\ / '', PAU/ 40' • 4' 1 .4' W OF 17A/ t‘i.; .''..fi, .- ya ' 4.• CONC °‘ ' CORNER:' • t eq . •:. 1 . , . .1. : 4% • i : Nrl'' rD : ' 0 sc)C ? : 1 S'T::OR,Y* RESIDENCE 6\ Jl. : 4b-'• 1:0 ' ' 1 1 , 0 — ' cP. t, '''"?' • •r. .40 : • GC' 1- 'C''‘ I • ' - . 7 Vr\\t 301. ' C(' Cir‘ 'f-- ,. : \ •acj ..." _ . ‘0•"'"N _..o .".7 case ,, 0 3y-P- AO®I•-91/iT7/ ARTICLE II (273) Utilities: Facilities made available to and shared by the community at large, including but not limited to community water systems, central sewage systems, electrical power distribution systems, natural gas distribution systems and telephone systems. (274) Variance: A relaxation of the terms of the zoning ordinance where such variance will not be contrary to the public Interest and where,owing to the applicant,a literal enforcement of the ordinance would_result in unnecessary and undue hardship. As used in this Code, a variance is authorized only for height, area, and'size.of structure or size of yards and open spaces; establishment or expansion of a use - - otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the presence of nonconformities in the zoning district or uses in an adjoining zoning district. (275) Vehicle and Equipment Sales: An establishment providing for the sale, rental, repair and servicing of automobiles, boats, buses, farm and construction equipment, motorcycles, trucks, recreational vehicles, mobile hdtnes, and similar equipment. (276) Veterinary Clinic or Hospital: Any building or portion thereof designed or used for the veterinary care, surgical procedures or treatment of animals, but not for the sale, breeding, grooming or boarding of well animals or for pet shops. .• • (277) Warehousing/Distribution:An activity involving the storage of goods or materials before or after manufacture and before final sale or use, and includes trans- •• shipment of such goods or materials (loading and unloading) but excludes manufacturing and processing. (278) —Water System: All or part of the equipment-and property involved in the operation of a community water utility including, where applicable,water lines and appurte- nances, pumping stations and treatment plants relating to such utility,which shall be fully installed, operable and providing service in compliance with applicable Florida laws and regulations. (279) Wetlands: Land subject to regular inundation by water over a majority of time measured over a period of years or any land meeting the definition of wetlands found in Florida Statutes, Section 403.817 as any land bearing those dominant wetland plant indicator species included in Florida Administrative Code,Chapter 17- 4. (280) Written or In Writing: The terms "written" or "in writing' shall be construed to include any representation of words, letters, or diagrams or figures, whether by printing or otherwise. (281) Yard: An open space measured horizontally between a building and the adjoining lot lines or street setback lines,where applicable,unoccupied and unobstructed by any portion of a structure from the ground upward, except where otherwise specifically provided in this Code. ((282) • Yard, Front A yard extending across the front of a lot between the side lot lines and being the minimum horizontal distance between the street line and the principal building or any projections thereof, other than the projections of uncovered steps, uncovered balconies or uncovered porches. On corner lots the front yard shall be considered as parallel to the street upon which the lot has its least dimension. For any lot adjacent to a body of water, as defined in Section 6-16(3),the`front yard" - shall be considered as the yard extending across that part of the lot between the P Ado ted July 21, 1992 18051 Exif tefrot Ccm° 44.. 03 ,isr 219 t:S/4/Tfi ARTICLE II side lot lines which is adjacent to the body of water and is the minimum horizontal distance between the body of water and the principal building or any projection thereof. ((283) Yard, Rear: A yard extending across the rear of a lottbewenen en theprojectionsto ar ft e principal building or any projections thereof, other f uncovered steps, balconies or porches. On all corner lots, the rear yard shall be -at the opposite:end:of the lot from the front yard. (284) Yard,Side: A yard between the main building and the side line of the lot,extending from the front yard to the rear yard and being the minimum horizontal distance between a side lot line and the side of the main building or any projection thereof. (285) Zero Lot Line: See: Lot, Zero. EXHIBIT #5- - Adopted July 21, 1992 18052