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HomeMy WebLinkAboutVI (A2) Public Hearing: Variance Case 04VR-2001 Kimbrell Agenda 08-07-2001 Item VI A 2 -CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•COMMISSIONER Ocoee S.SCOTT VANDERGRIFT 0\ # to CITY OF OCOEE COMMISSIONERS Fj H - DANNY HOWELL �� a I50 N. LnKLsuoau DRIVE o SCOST ANDERSON OCOEE, 07)9 A5 31001-225R Fb " 407 905-3100 RUSTY J. PARKE ♦ ( NANCY J. PARKER OP GOO Cr n'MANAGER JIM GLEASON STAFF REPORT TO: THE HONORABLE MAYOR AND BOARD OF C T OMMISSIONERS j FROM: JULIAN HARPER, ZONING COORDINATOR : q THROUGH: JIM WASHINGTON, ACTING BUILDING ANI� ZONING OFFICIAL DATE: JULY 9, 2001 SUBJECT: VARIANCE APPLICATION - CASE NO. 04VR-2001: KIMBRELL 601 EAST LAKESHORE DRIVE ISSUE Should the Honorable Mayor and Board of City Commissioners approve the Applicant's request to build a 10' x 12' shed 2' from the subject's side property line in lieu of the Land Development Code (L.D.C.) specification of 7 1/2'? BACKGROUND/DISCUSSION The Applicant filed a building permit to erect a 10' x 12' storage shed in his rear yard and 2' from his south property line (see Exhibits #1 and #2 Site Location Maps and Exhibit #3 - Site Man) which was rejected. The L.D.C. calls for an accessory structure side setback of 7 1'. The Applicant has offered no explanation or justification for not wishing to observe the 7 1/2' side setback upon his variance application. BOARD OF ADJUSTMENT The Board of Adjustment held a public hearing on Thursday, June 21, 2001, to consider the Applicant's variance request, to which it voted 5-0 for denial. Please see Exhibit #5, "Draft Minutes" for further details. RECOMMENDATION Staff recommends denial of the Applicant's request to build the proposed 10' x 12' shed as it would violate the L.D.C. accessory structure 7 1/2' side 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 i •ent and purposes of these regulations." POWt ��+ "CENTER OF GOOD LIVING-PRIDE OF WEST ORA NGE" MAYOR•COMMISSIONER Ocoee S. SCOT] VANDERGRIFT CITY OF OCOEE Cig."'44 OCOMM6510NFRS � ` DANNY IIOWELL 130 N_ I AKFSI LORE DRIvE SC(TI-1'ANDI?RSON OCOEE, FLORIDA 34761-2258 RUSTY JOHNSON Of6"' � (407)905-3100 NAM1'CY]-PARKER 000 N` Ory MANAGER JIM CI JEASON 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." POWWWWWWW, ILa p 7xHiBiT#I ` ,l R-1 R —A ■i � 111 Dy!/Q-.ZOOI �utBt'Ett �`� g11 . ,LP R-1—A ` 1 g dc- [ S/rtL00¢r# �" w:cvna+ ��� PUD r p JI_. 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LAKESHORE Lp' _ `; �.-,^ w aJo' k sc A q n1 DRIVE E/P "EE` ` D$'2 R 8 s c. c DECK . qz (SIGN) I ' ,, OU C U• EDGE Or 1 30 RAY .� 'I ' ry>JO' I A.tAl (10 5-. PAKO 'AZ 6,' Is omt ' RE6 ^ 4200. .2L'IA 4.04 Et ITI 230.,5, t • - 7.rT/A'}- do END/P I OL)1/4' 1 S 3"O7O5• IP W 459...17, 78 [K/Iair #1 a yv,P-2 09/.•47MflT[L SUBJEc r temt,,ery sca mEcr A0712• 'J lD LEGEND rL NUL a Dmr 1 0• - DESCRIPTIONOR& OFFICIAL L'R IAL RECOB ROOK 2950 ALOHA AVENUE °E - DRAINAGE&SELENE POD POINT Of RECINNING G - CEYIR4 AN4LE PX POINT Of C9WFNCEYENT SUITE 401 � -flX4yl0 FLOOR FLNATJON Pc POINT Of cuwnuRE WINTER PARK, FLORIDA FNO - PDUNO PP PON°R mE AH PFXNMfNT REFERENCE MgVIrNEM 32792 PACEPLAT BOOK RA• C PEW Jr CAP PH (407) 678-3366 REG - AWLRECOVERED ROE°` NAY RT IdHN-SET S/11 REEWdGV PLS4x00 �FAh (407) 671 -6678 a - SIDEWALK - CANN I,NN FENCE //- MWO MACE 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. I. 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)feel 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 buildings will be no closer than seven and one-half(7 1/2)feet to the rear lot line and seven 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 py 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 r 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. C/751 wet oyj/,p goo/ =474zez.E .L Adopted July 21, 1992 18107 IX 11//lir #/ /. .Th /J MINUTES OF THE BOARD OF ADJUSTMENT REGULAR MEETING HELD THURSDAY, JUNE 21, 2001 CALL TO ORDER Vice-Chairman Savino called the meeting to order at 7:30 p.m. in the Commission Chambers at City Hall. The roll was called and a quorum was declared present. Vice- Chairman Savino led the Pledge of Allegiance to the Flag and Member Wilsen led the invocation. PRESENT: Vice-Chairman Savino, Members Colburn, Cox, Ward, and Wilsen. Also present were Zoning Coordinator Harper, City Attorney Cookson, and Administrative Assistant II Maxwell. ABSENT: Chairman Resnik and Member Tice, who were excused. APPROVAL OF MINUTES Member Cox, seconded by Member Colburn, moved to approve the April 12, 2001, Board of Adjustment Minutes as presented, Motion carried 5-0. NEW BUSINESS CASE NO. 04VR-2001 : KIMBRELL 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 Applicant's variance request be approved enabling the Applicant to construct an accessory structure directly adjacent to the principal building/dwelling,in lieu of the Land Development Code (L.D.C.) specification of 7 '/' property line setback. Zoning Coordinator Harper gave a detailed history of the case for the subject property which is located at 601 East Lakeshore Drive. Zoning Coordinator Harper stated the Applicant applied for a building permit to erect a 10' x 12' storage shed in his rear yard and 2' away from his East property line, which was rejected. The L.D.C. calls for an accessory structure side setback of 7 '/:'. The Applicant has offered no explanation or justification for not wishing to observe the 71/4' side setback upon his Variance application. Zoning Coordinator Harper stated staff recommends denial of the Applicant's Variance request as it would violate the L.D.C. accessory structure 7 ''A' side setback. The Applicant has made no showing of hardship 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." ©17,0 a07, .61,E4 i 013 Board of Adjustment Regular Meeting Thursday,June 21, 2001 C� , I. "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 actions of the Applicant. 4. That the granting of the Variance request will not confer on the Applicant any special privilege that is denied by these regulations to the other lands...under similar conditions." Zoning Coordinator Harper stated that he went to view the Applicant's rear yard and there is ample space in a number of different locations where the shed could be located to meet code requirements. Applicant, Scott Kimbrell,presented exhibits and stated he wanted to place a shed on the East property line and does not want to block the view of the lake. Discussion ensued regarding other location options that would meet code requirements. The Public Hearing was opened. As no one wished to speak, The Public Hearing was closed. Member Cox, seconded by Member Wilsen, moved to recommend to the Honorable Mayor and City Commission denial of the Applicant's Variance request based on staff recommendation that the Variance requested did not meet the "special Conditions" as outlined in the L.D.C. Motion carried 5-0. OTHER BUSINESS - None COMMENTS -Welcome New Members Zoning Coordinator Harper welcomed new members Fred Wilsen and James Ward. 2 zof3 Board of Adjustment Regular Meeting Thursday,June 21, 2001 ADJOURNMENT The meeting was adjourned at 8:05 p.m. Administrative Assistant II Maxwell Vice-Chairman Savino 3 3oF3 Copy of Public Hearing Advertisement Date Published WEDNESDAY, JUNE 13,300I NOTICE OF MIK HEARING REGARDING REDDEST FOR VARIANNCOw&PONRHEI Advertisement CASE NO.aNµWt:NIMBREL NOTICE IS HEREBY GIV- EN, that Me Board of Ad- O tment of the City of we has scheduled a Pub- ar Thigsdng June II.GWL at 7,30 p.m., thereafter as pos- sible.• song thereafter order to consider Me petition of W.Scott Kim- bell,tor a varlaMe accord- ing I0 the provlsl ens of Arti- e IV, Section -9, w iaW].Ie09e of the CityOco Land Development of Code ACTION REQUEST- ED, the Applicant is re- questing variance of 55' from the 7.50 building setback,and sAHlY name- ly building a 10 ction xlI"ac- cessory shed within Y of the side poaYty line, The Ocoee City Commission win o Public Hearing n toider and lake action Tueun the Board of Adjust. nt re mendation o esday,July n, IW1, ai ler5 sh osible, Both ereat- ler s meet ings will be hold in the Com- mission Chambers at City ▪ Ito N. Lakeshore Drive.Ocoee,Fform°Lim. The address 01 the subject shore D�Ive.OThe°legal de- scription of the subject prop- erty Lot v, Lakeshore Gardens SuWlvlsim. This notice given pursu- ant 10Ch Cheater IV,Section 4- 91 B),page 18094 at the City Land Development Ce. cre5 d e parties m°y appar at the • w respect to the proposed vce.A copy or the Applicant's etition e Staff Re• port may be examined in the Building Deportment at City Hall,I50 N.Lakeshore Drive. Florida the hours of son, - between • and 5:00 o m Monday through Friday or phone Ju- lian Harper.Zoning Coordi- nator 0teu0n 90S-3100 ex• tension 9-1013 for further • l. The Ocoee Board of Adjust- ment or Ocoee City tom. the publica hearings al l dotes and 1 as they deem necessary.54 v1ed that heparty shall ead andtimes, miral° continuation e araal be nnpaced bearings shall ri g a hat c hearing and that sem the nose these matters will be pub. lished. Yau advised Ih ppeealo y ea o yt- neepublic hearings will d a m the p eedino record Isis pur- pose ensure°eaid to herbtm record proceedingstmade which includes the testimo- t pals"bi °Oessheapea imPro� wiltsdsobBHas needing as- sistance participater ngs should these the City Clerk's OffiCe eB hours in advance of the meeting at Itln 905 105. Jon Grafton,City Clerk June 13.21101 COR39MO019 JUNE 13,2701