HomeMy WebLinkAboutVI (C) Variance Request: Strosnider II, 2420 Liela Lee Court: Case No. 07VR-2000 Agenda 12-19-2000
Item VI C
"CENTER OF GOOD LIVING-PRIDE OP WEST ORANGE" MAYOR•COMMISSIONER
Ocoee S. SCOTT VANDERGRIFT
:,,e4
4 oCITY OF OCOEE COMMISSIONERS
V_ R a oOANNY HOwELL
Q I$O N.LAKFSHORF DRIV[ SCOTT ANDERSON
0V OCOLL,PLORIDA 34761-2258 RUSTY JOHNSON
�. (407)905-3100 NANCY t PARKER
OF GG00�� CITY MANAGER
ELLIS SI IAPIRO
STAFF REPORT
TO: THE HONORABLE MAYOR AND BOARD OF CITY COMMISSIONERS
FROM: JULIAN HARPER, ZONING COORDINATOR 92*
THROUGH: MARTIN VELIE, BULDING AND ZONING OF�F//ICIALrn
DATE: DECEMBER 5, 2000
SUBJECT: VARIANCE CASE NO. 07VR-2000: STROSNIDER II
2420 LIELA LEE COURT
ISSUE
Should the Honorable Mayor and Board of City Commissioners approve the Applicant's
variance request which would allow two mrpemiitted accessory structures to remain within the
7.5' accessory structure rear setback? Namely, a 12' x 16' enclosed shed that is situated 39"+-
from the rear property line and a 3' x 6' equipment lean-to that is situated immediately adjacent
to the rear property line? See Site Location Maps which are attached to this report as Exhibits #1,
#2, and #3. Also, see Exhibit #4 taken from the Land Development Code (LDC), "Accessory
Structure Setbacks", Article V, Section 5-6(B), Page 18107.
BACKGROUND/DISCUSSION
The subject property is located at 2420 Liela Lee Court, Lot 34, Hidden Glenn Subdivision, see
the attached Site Location Maps, Exhibit #1, #2, and #3. The Applicant built the depicted 12' x
16' shed without first obtaining a building permit and thus no structural or electrical inspections
have been conducted. Secondly, the shed was erected within 39" of the rear property line instead
of the minimum LDCspecification of 7.5' as described in Exhibit #4. Per Exhibit #5, a Code
Enforcement Officer detected the cited LDC violation on September 27, 2000, and when he
additionally determined that the shed was built without benefit of a building permit, he thence
issued a "Community Information Notice", commonly called a "C.I.N.", and he provided for a 5
day correction period. On October 2,2000, the Applicant filed the present variance application in
order to forestall further Code Enforcement actions. Even though the City of Ocoee does not
normally enforce a subdivision's deed restrictions, no evidence has been offered to the extent that
the Architectural Control Committee of the Homeowners Association for Hidden Glenn
Subdivision approved the construction of the subject shed as otherwise required by the
"Declaration of Restrictions" Paragraphs #2 and #3, as recorded on the Orange County Public
Records, Official Record Book 3887, Pages 4792-4794.
POWt d
'CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•COMMIsSIONrR
Ocoee S. SCOTT VANDERGRIFT
CITY OF OCOEE
(OMiNIS51ONRR9
rj I0 DANNY HOWELL
L 1 0. 150 N. LnaP_SHORLDIZIVF SCOTT ANNANDERSON
LL
OCOEE,FLORIDA 34761-2258
RUSTY JOHNSON
rE�� >3��� (407)905-3100 NANCY J. PARKER
4Of G000 NN
Lin MANACFR
ELLIS SHAPIRO
Thirdly, the Applicant also build a 3' x 6' lean-to equipment shelter without a permit which is
situated directly to the east of the subject shed and is touching the adjacent 6' fence and rear
property line. Please refer to Exhibits #6-1 to #6-5 as the photographs clearly depict the subject
12' x 16' shed and 3' x 6' lean-to. The Applicant states that the shed and lean-to were
constructed about two years ago but they appear to be in "like-new" condition.
The Board of Adjustment held a public hearing to discuss this matter on Thursday, November
30, 2000. By a 4-1 vote they adopted the Staffs recommendation which is to reject the
Applicant's variance request to permit the 12' x 16' shed and 3' x 6' lean-to to remain in their
present locations. Sec the attached Board of Adjustment minutes, as Exhibit #7.
RECOMMENDATION
There is no dispute regarding the facts in this matter. The Applicant built the subject shed and
equipment lean-to without first obtaining a building permit, thus without the benefit of any
structural, electrical, or mechanical inspections by the City of Ocoee. Both structures are situated
within the mandated 7.5' accessory building setback.
Staff recommends the denial of the Applicant's variance request as presently situated and in
violation of City Codc. The Applicant has met none of the threshold requirements or
prerequisites before a variance(s) may he granted pursuant to the Land Development Code,
namely, he has not demonstrated a unique "hardship" that is not self-created to his property and
situation. Secondly, he is requesting a right to keep the cited structures "as-is" that would
otherwise permit two structures to remain but that privilege would be refused to other similarly
situated persons. Third, while it may be unlikely that the Hidden Glenn Homeowners Association
may file suit against the City of Ocoee if we permit the cited structures as they are presently
constituted but the possibility may not be overlooked. The City Attorney's Office will need to
provide clarification as to the possible legal ramifications, if any
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rx / r r7 ARTICLE V
maintained In a triangle formed by measuring from the point of intersection of the front and
exterior side lot lines a distance of twenty-five (25) feet along the front and side lot lines,
and connecting the points so established to form a safe sight triangle on the area of the lot
adjacent to the street Intersections of minor and collector streets. The same distance for
the intersection of any street with an arterial street as defined in the Comprehensive Plan
shall be forty (40) feet.
An attached or detached private garage which faces on a street shall not be located closer
than twenty-five (25) feet to the street right-of-way.
§ 5-5 HEIGHT
The following requirements are Intended to, or qualify and supplement, as the case may be, the
specific district regulations set forth In this Article:
A. Chimneys, elevators, flues, spires, tanks, towers and other projections not used for human
occupancy may not extend more than 10% above permitted height limits in each zoning
district without receiving a variance.
B. The Board of Adjustment may recommend and the City Commission may permit buildings
in certain zoning districts to exceed the height limitation of the district if the minimum depth
of front and rear yards and the minimum width of the side yards required in the district are
increased one foot for each two (2) feet by which the height of such structure exceeds the
prescribed height limit, and the increased height will otherwise have no adverse effect on
adjacent development and is in keeping with the overall character of the area.
§ 5-6 LOCATION AND CONSTRUCTION OF PRINCIPAL AND ACCESSORY STRUCTURES
A. Construction and Use of Accessory Structures.
No accessory building shall be constructed upon a lot until the construction of the main
building has been actually commenced, and no accessory building shall be used unless the
main building on the lot Is also being used.
B. Location of Accessory Uses and Structures.
In residential districts, accessory uses and structures shall not be located in front or side
yards but may be located in rear yards; provided, however, that accessory structures for
the housing of persons, such as guest houses and garage apartments, shall not be located
in any required yard. On double frontage, through or corner lots in residential districts,
accessory uses and structures shall not be located in either of the required front yards but
may be located in one but not both side yards. No separate accessory building shall be
located within five (5) feet of any other building. In residential districts, utility or accessory /'T�
buildings will be no closer than seven and one-half (7 1/2) feet to the rear lot line and seven U/
and one-half (7 1/2) feet to the side lot line.
C. Number of Principal Buildings Permitted Per Lot.
No lot shall be occupied by more than one principal building, providing, however, that In
any district more than one structure housing a permitted or permissible principal use may
be erected on a single lot provided that yard, area, street frontage and other requirements
of this Code shall be met for each structure as though it were on an individual lot. No part
of a yard, court or other open space provided about any building or structure for the
purpose of complying with the provisions of this Code shall be included as a part of a yard
or other open space required under this Code for another building or structure.
Adopted July 21, 1992 18107
j CITY OF OCOEE
COMMUNITY
INFORMATION NOTICE
1 According to F.S.S. Chapter 162, be it
known, this is official notice informing
the resident/owner of the below stated
address of the following violation(s) and +
1 giving reasonable time to correct said
violation. tt
242o (../Ecr-i ( E G7. 91-27-oO
' Address Date `!
j. The following observation is a violation of
1 City Ordinance(s)
Excessive growth of weeds and/or grass '
Inoperable/untagged vehicles I
!
i xL Nuisance and menace to Public Health, 'i
G i.e. , trash, garbage, rubbish,
j
hrunusable furniture, appliances, e
:CUNi ACnoW u/Q pegv%1 r : sljn— .
EsiRucridRticcc. / EcFc. wl a Pehier 4 I Inadequate display of structure/
I building number GQi7Fi/N Ar7Rit.tE4/ ?igmirs:,'
I Corrective Action FOR YcPr, AMP ECFC,"?
:rt. Tf✓tc E FhthR Se1 Mr l-a l=-b�R- R 'iva
1 )5`-PCr/ACC4stNiy 57'/(ucr'RE 5 SU91"i
A S day period from the above written
date has been granted for the purpose of
correcting the above violations. The
olations will be reinspected on
I( 1-4- 3 O . This is an informational r
notice to inform you that a violation of
City Ordinance(s) exist at the above listed
property. However, failure to correct the (
violation will result in Code Enforcement
action being commenced. If you have any 7l
questions, you can contact; el— p
(� V 1C22' 656-2322 £xt i °DO
Code Enforc ent Officer, Protectivett
I' Inspections Department j
((full(r, 'fuS iN(cT Mcc i 5•=7'6HC1;• (fc G) q
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MINUTES OF THE BOARD OF ADJUSTMENT
REGULAR MEETING HELD THURSDAY, NOVEMBER 30, 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 Member Ellison lead the invocation. Chairman
Resnik called the roll and declared a quorum to be present.
PRESENT: Chairman Resnik, Members Colburn, Cox, Savino, and O'Keefe Also
present were Zoning Coordinator Harper, Assistant City Attorney Cookson, and
Administrative Assistant Il Maxwell.
ABSENT: Member Tice (unexcused), and Member Almodovar(excused).
APPROVAL OF MINUTES
Member Saving, seconded by Member O'Keefe, moved to approve the Minutes of the
October 19, 2000, Board of Adjustment Meeting as presented. Motion carried 5-0.
NEW BUSINESS
VARIANCE - CASE No. 07VR-2000: STROSNIDER II
Zoning Coordinator Harper read into the record the issue: Should the Honorable
Board of Adjustment recommend to the Honorable Mayor and City Commission that the
subject variance application be approved enabling the applicant to retain two (2) un-
permitted accessory structures to remain with the 7.5' accessory structure rear setback'?
Namely, a 12' X 16' enclosed shed that is situated 39'+- from the rear property line and a
3' X 6' equipment lean to that is situated immediately adjacent to the rear property tine?
Zoning Coordinator gave a detailed history of the case and the subject property is
located at 2420 Liela Lee Court, Lot 34, Hidden Glenn Subdivision. The applicant built
the 12' X 16' shed without first obtaining a building permit and thus no structural
inspections have been conducted. Secondly, the shed was erected within 39" of the rear
property line instead of the minimum I,DC specification of 7.5'm detected by a Code
Enforcement Officer on September 27, 2000. On October 2, 2000, the Applicant filed the
present variance application in order to forestall further Code Enforcement actions. The
Applicant also built a 3' X 6' lean-to equipment shelter situated directly to the west of the
subject shed and touching the adjacent 6' fence and rear property line.
Zoning Coordinator Harper stated the applicant has meet none of the threshold
requirements or prerequisites before a variance(s) may be granted pursuant to the Land
Development Code, namely he has not demonstrated a unique"hardship" that is(was) not
self-created to his property and situation. Secondly, he is requesting a right to keep the
cited structures "as-is" that would otherwise permit two (2) structures to remain but that
would he refused to other similarly situated persons.
EXN/BITE 7- /
o4
`11
Board of Adjustment Regular Meeting
Thursday, November 30, 2000
Assistant City Attorney Cookson advised the Board of Adjustments Members that they
were not to take into consideration the legal ramifications from the Hidden Glenn
lomeowners Association if the Applicants Variance request is approved. Assistant City
Attorney Cookson further advised the Applicant that if the Variance is approved, the
approval does not relieve the Applicant of any legal ramifications that may occur from
the Hidden Glenn Homeowners Association and does not put the City of Ocoee in any
liability by granting the Variance.
Member Colburn asked Zoning Official Harper when the 7 X' setback was put in the
City of Ocoee Code. Zoning Official Harper stated the setback was in place when he
started employment with the city in 1988. Discussion ensued.
Applicant, Ronnie Strosnider, stated the shed was built before the pool was constructed
which was approximately two (2) years ago. Mr. Strosnider submitted exhibits depicting
the shed in the background prior to the construction of the pool.
Member Savino asked Mr. Harper if it was brought the attention of the Applicant that
the shed was in violation before the pool permit was issued. Mr. Harper stated the
applicant was not notified due to the process the inspectors follow once a permit is
issued.
Applicant Strosnider stated the property was surveyed in 1998 and the shed was in the
survey at that time. Mr. Strosnider further stated there are sheds all over the City of
Ocoee built without permits that violate the setback codes. (Exhibits presented to depict
the neighboring sheds located in the 7 1' setback.) Discussion ensued.
Chairman Resnik questioned Mr. Strosnider as to what the homeowners covenants are
in his subdivision. Mr. Strosnider stated his homeowners association does not enforce
rules and is not a formal functioning homeowners association. Discussion ensued.
Member Savino asked Zoning Coordinator Harper what the procedure was when a
violation is cited on one side of the fence and there is a possible violation on the other
side of the fence. Zoning Coordinator Harper stated the City Manager has directed the
Code Enforcement Department to respond only to complaints, so violations are usually
noted by complaints from residents.
Member Savino stated he could not understand why the applicant was cited for a code
violation when the surrounding neighbors sheds could possibly also be in violation but
they were not cited. Zoning Coordinator Harper stated he did not know the complaint
behind this case but a neighbor is usually the person filing the complaint. Discussion
ensued.
EXH/S/r#72
q
a P�
Board of Adjustment Regular Meeting
Thursday, November 30,2000
Mr. Strosnider stated the two (2) sheds behind his property are 39" away from the fence
so he used the same 39" measurement his neighbors used to set his shed. Mr. Strosnider
further stated the lean-to was only to hold firewood and when the Code Enforcement
Officer observed his shed violation; the Code Enforcement Officer said the lean-to was
not a problem. Discussion ensued.
The Public Hearing was opened.
As no one wished to speak, the Public Hearing was closed.
Member O'Keefe, seconded by Member Coburn, moved recommend to the Honorable
Mayor and City Commission to deny the Variance Application. Motion carried 4-1 with
Member Cox voting No.
OTHER BUSINESS — Zoning Coordinator Harper advised the Board of Adjustment
Members that if they make an information request, the request needs to be a formal
request for the record.
Chairman Resnik stated he would like to have written information as to how and why the
City Commission voted on issues that come before the Board of Adjustment.
COMMENTS — Chairman Resnik announced there would be no Board of Adjustment
Meeting for the month of December, 2000, but will meet January 18, 2001.
Chairman Resnik advised to the Board of Adjustment members the board has not
adopted Rules and Regulations for the Board to follow. Discussion ensued. Chairman
Resnik stated the Board of Adjustment will discuss the addition of Rules and Regulations
at the January,2001, meeting.
ADJOURNMENT
The meeting was adjourned at 8:25 p.m.
Brenda Maxwell, Administrative Assistant 11 John Resnik, Chairman
3
TX/Me/T 117 Y
Copy of Public Hearing Advertisement
Date Published
Tuesday, November 21,2000
Advertisement
NOTICE OF PUBLIC the pennon of Ronald Bnosni- Page 16107.
HEARINGS REGARDING der.Jr.,fora variance accord-
' FOR VARIANCE to the provisions of Article The Ocoee City Comm AFFECTING PARCEL IV,Section r.9(et.page 18093- will hold a Public Hearing Commission
DESCRIBED BELOW 18094 of the City of Ocoee n der and take action upon
CASE NO.OTVR-2WL' Land Develoopp t Code.AC- consider
e Board of Ad/us/men' avm.'
STROSNIDERtl ➢ON REQUESTED.the Appb mendallon on Tuesday. De-
cantNOTICE IS HEREBYY GIVEN allowr the issuance 0l an bulging ance g Lorr ass 1n theerreaf0.tert as pcss.
thathat Ng Board of feA4us6CM1eo eE 3'to erect a 12'r 16'shed e.Both meetings wilt be held
City equipment lean-to in the Commiseron Chambers
Wed a Public Hearing for Tours within the 26 rearyard acces City Hall 160 N.Lakeshore
day. November 30. 2000, at Sew structure setback as sped, Drive.Ocoee Flonda 34761.
730 p.m or as thereafter lies in the Land Development
as possible.in order to consider Code.ArMe V,Secdm 5.6(B). The address of the subject
property is 2424 Lela Lee
This nor is drven pursuant to
Chapter IV, Section .9(B)
page 6094 of th ity Land
'Development
mays Code.Interested
appear al the cited
niee11oa and hheeard in-re
nce.
i A copy 01 the Applicants pee-
'
non and the CM of Ocoee StaffReport may be examined in the
:Building Department at City
Hall 150 Ne Lakeshore Drive,
en
to lours of 6Oco p00am�and .00
i p m.,Monday through Friday or
ning
phone
Juiraat(4071905-3195
llor further details
The Ocoee Board of Adjust-
ment Ocoee City Commi-
neainesyto other dates°anrd
limes as they deem necessary.
Any interested party shall be
advised that me dales,times
idplaces
llae s of anyicontnuationI
heann public
during thehealor o^g and that no
lmnher notices regarding these
otters will be publshed,
You are advised real any per.
son who desires to appeal any
decision made at the public
the proceedings and need ndrafmrtor ns
that Purpose erbbatimerecordeof`the
proceedings is made which in.
bdudes thepon testimony andppee ee'
ased:Pers��ttasabilles
needing assistance to partici-
pateinany of thesecontact proceehe d.
Clinerk's Office OB hours in ad-
of me meeting at 407)
ad-
vance
November 21.City0 Clerk
0
COR3622709 NOV.212000