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HomeMy WebLinkAboutVI(A) Request For Variance, Case No. 05VR-2001:Marbais \genda 11-Ub-LUUI ' Item VI A "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•COMMISSIONER Ocoee S.SCOTT VANDERGRIFT AsTCITY OF OCOEE Q �y � O COMMISSIONERS try CI a: 150 N.LAKESHORE DRNE DANNY HOWELL OCOEE,FLORIDA 34761-2258 SCOTT ANDERSON RUSTY JOHNSON �``1 ` ,�.. (407)905-3100 NANCY J.PARKER OP G 00V CITY MANAGER JIM GLEASON STAFF REPORT TO: THE HONORABLE MAYOR AND BOARD OF CITY OMMISSIONERS • FROM: JULIAN HARPER, ZONING COORDINATOR Aif THROUGH: MARTIN VELIE, BUILDING AND ZONING 0'47 IC AL ). DATE: OCTOBER 26, 2001 SUBJECT: VARIANCE APPLICATION - CASE NO. 05VR-2001: MARBAIS 716 EAST LAKESHORE DRIVE ISSUE Should the Honorable Mayor and Board of City Commissioners approve the Applicant's request to build a room addition to his home 9.7' from the Orlando Avenue right-of-way line vs. the 25' setback prescribed by the Land Development Code (L.D.C.)? BACKGROUND/DISCUSSION The present public hearing represents a continuation of the public hearing held on October 23, 2001. This was done to insure full public notice as the Applicant failed to keep the notice sign posted throughout the process as required by City Code. Secondly, to insure that the requested variance dimensional matched what was being constructed "on-the-ground", previously 11.3' now 9.7'. The Applicant filed a building permit to erect a room addition to his home that, if granted, would result in a 9.7' setback from Orlando Avenue right-of-way vs. the 25' setback prescribed by the L.D.C. "Table 5.2" and Article V, Section 5-4(G), page 18106 (see attached Exhibits #1 to #7). The application was rejected because on a corner lot, there is a 25' building setback from both streets. Secondly, the mere presence of a 6' masonry wall situated along the subject's Orlando Avenue frontage does not in itself insure sound buffering, vehicular safety, or other planning and design principles because the wall is not located on perpetual maintenance or homeowners association property, who's continuity is guaranteed by deed covenants or plat regulations: In other words, if the wall should be damaged or lost, the subject's owner would be under no obligation to repair or replace it, although he probably would. To further illustrate this point, there is a relatively new subdivision located a short distance away from the ilt . P.ratedficave'sWJaterRe Irc a �j 10 \ "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•COMMISSIONER Ocoee S.SCOTT VANDERGRIFT 67/ CITY OF OCOEE �y� � O COMMISSIONERS .. ', a 150 N.LAKEsxoRE DRIVE DANNY HOWELL v OCOEE,FLORIDA 34761-2258 SCOTT ANDERSON RUSTY JOHNSON �`"y.," ""` '�' ����' (407)905-3100 NANCY J.PARKER OF :G:001) CITY MANAGER JIM GLEASON subject on Orlando Avenue, which was platted without first having safeguards in place for its wall maintenance. Further, the homes are situated at least 30' from Orlando Avenue, but the homeowner's association attempted to try to persuade the City of Ocoee to repair the wall and agree to thenceforth maintain the subject wall but was rejected for the present time. Thirdly, the subject dwelling is a legal non-conforming structure because it is situated within the 25' "street-side front setback", namely 21.4' from the Orlando Avenue right-of-way line; therefore, as per Article V, Section 5-10(D)(1) of the Land Development Code (attached as Exhibit #6) "no such structure may be enlarged or altered in a way which increase its non-conformity." Finally, the Applicant has offered no explanation or justification for not wishing to observe the 25' building setback from Orlando Avenue, as per the LDC's threshold requirements which will be presented in more detail below in the "recommendation" section of the Staff Report. Please review Exhibit #3 which clearly depicts that there are other locations on the subject property where the proposed addition may be built without the need of a variance. BOARD OF ADJUSTMENT RECOMMENDATION The Board of Adjustment held a public hearing on Thursday, September 20, 2001, and after due consideration of the Staff Report and public input, voted . . unanimously to recommend the approval of the Applicant's variance request (see attached Board of Adjustment minutes). RECOMMENDATION Staff recommends denial of the Applicant's request to build the proposed addition to his home because it would intrude 15.3' into the 25' secondary street setback. He has ample space to build the proposed addition elsewhere on his property with no deviation necessary from the LDC. Thus, 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"; POW pc Protect Ocoee's Water tiesoarces( ) "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•COMMISSIONER Ocoee S.SCOTT VANDERGRIFT CITY OF OCOEE O. ., C COMMISSIONERS o. 150 N.LAKKESHORE DRIVE DANNY HOWELL OCOEE,FLORIDA 34761-2258 SCOTT ANDERSONRUSTY JOHNSON 1.4 (407)905-3100 NANCY J.PARKER • G OOP CITY MANAGER JIM GLEASON 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." 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A — tie-fr 1/! ' F UI LOT 62- z 3¢ o U. v .S ,/.4.,, S FENCE CORNER //1F25' ce S g 7' FENCE CORNER o C a to I CO Jr. • DNC J9/9¢ IS1.0 PROPERTY FENCE CORNER 00 NC DRIVE v 5 IS 0.6' N do 0.2' c, J6 —� W OF PROPERTY I z J o U _ CORNER I Lo e 1 x Lo a 4 0' CONC / ^ -___ w r W POOL o e o,, 30.0' . 7.5' q • 1 STORY AREA :/� AiJ7\- 1• �I a����,, .�' I RESIDENCE k aa.3' 2�'1 y.e 1 •c ' jj 716 • J6J' % io S cQ a��` ,sl a:i .,.I •ry 1 STORY • c, (y ® I'=y 4i _ T GARAGE N 11• N �� csi 1 �O�V.? -i: el : 7 �, Al a 'p__,c :p n al �l I LOT 5 '+$_'?-,�I :a:L; . �g.6�' CONC L.2. x, U. I 61 . *5?1i ›r N \ASPHALTI • 0 Lc J2 00:' =:£'y v BLOCK WALL h I 2;oi `� 21.4' �^ CONC C9NC v.' _.r •p 0 ,01, S •0.2' S 0.3' • S - �0 7' S •0.8' SR�— / �. 185.00 t�` S 89 59 52 K�. DRIVE I �Y `� CONC N' PAV M N7 RIGHT OF WAY VARIES PER PL p- f • 080554" ORLANDO STREET (PHYSICALLY MARKED) ASPHALT Rc 4 OO' WHITE ROAD PER_P_LAT --_I C- 4�4U' i1 I r r„�; .:.- t ; 11. • AUG 3 1200I 1\ .ii i./q/rr' iSCALE: 1- - 30' I DATE: 8/27/01 ORM /TY MAY Dote ASE AN ABSTRACTIGHTS OF TITLE, TH ESTABORI REFERENCEDSOFRECORD, OROPD. IF ANY 45EMENTS, RIGHTS-OF-WAY AND RESTRICTIONS OF RECORD, � ATLANTIC SURV£ *n LIE WITHIN ZONE X. Mli APIOR 1PR95CO210 E, EED DEC EMBER 6, 2E00. OR IMPROVEMENTS WERE NOT LOCATED EXCEPT AS NOTED. ND CH USED TO L REESTABLISH W THOUTDTHE NOT SIGNATURE AND THE ORIGINAL _ CENSED SURVEYOR AND MAPPER. _ BIASED ON THE SOUTH LINE OF LOT 62, BEING N 69'59'52- W, PER PLAT. • PLAT OF BOUNDARY SURVEY LEGAL DESCRIPTION: LOT 62, LAKE SHORE GARDENS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 134, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA. . • 3 i -- • u u i i I . . u = ''e ° LOT , � 9 �_ 4 I s,Wmrilir FENCE CORNER LLLr___ —_i✓' . 25' •` IS 0.2' INSIDEN • `—^--/��/// —'I F PROPERTY LINE (.��lll�( � l . / //' y1/// f2.� ��`�CONC O `O C FENCE CORNER , 00 R 3-.5' ♦Y�0/ \ A.. PROPERTY SIDE UNE FENCE CORNER Jg IS 0.6' N & 0.2' r J' �. W OF PROPERTY ~ A.S� 4.0• CORNER I M LEGEND* ti. ki 30.0' IE CON POOL C x _12' 0 = SET MAG NAIL & � (k, `j 1 STORY AREA 9 if LOT 47DISK ASI LB 6915" RESIDENCE hOryg716 . ? 40.3• 7.5' 20.1 i'a� 0 = SET 1/2" IRON ROD &<04 _�*\\l 0(0 O 7' x . CAP ASI LB 6915" 0 ,�• h a TS6o2® Il STORY = FOUND 1/2" IRON ROD t /� n x "' GARAGE ! / " uooe�-. I x14.1 ■ = FOUND 4"X4" CONCRETE �• ° CONC o=J=s4 • MONUMENT, NO ID, BEING A s• FOUNDATION lz Q4o0 0O To PERMANENT REFERENCE MONUMEN( LOT61 � /• CONC = TELISION RISERASPHALT /v214• T OCK WALL A24,2' / LOT 46 ►4 = WATER VALVE x "0.0• �� CONC 4, I K _ ® = WATER METER / 7 •0.1' •.3' S 0.3' S •0.5' 1 •H f S 895952"!V 9.7' /85.00 '0.7' S •0.8' S/� FENCE END IS = FIRE HYDRANT/ ���??? H CONC J EDGE PAVEN / DRIVE \ 2.9' N & 0.8' E OF PROPERTY CORNER 0 = COLUMN /�\ CONC = CONCRETE VVV CI -x— = FENCE �) W 0= 1080554' ORLANDO STREET (PHYSICALLY MARKED) RIGHT OF WAY VARIES PER PLAT q� R= 25.00' ASPHALT Up L= 4717' WHITE ROAD PER PLAT /i/ �-W /l'rj/� 'O.a' S = DISTANCE FROM PROPOERTY LIN \\V C= 40..48' / 7 'k 9' 7 (r0A-) a4./5, � CDI'h_ Li i )SNIDER 7L 14l/f/ O� oza/// PORT: DATE: 6/27/0I SCALE: 1' 30' I CAL. BY: BST DRAWN BY: BST I ;J0B NO. 101205A D NOT PERFORM AN ABSTRACT OF TITLE.THE ABOVE REFERENCED PROPERTY MAY LDOITIONAL EASEMENTS. RIGHTS-OF-WAY AND RESTRICTIONS OF RECORD, IF ANY. Dote Revisions ' BY CLIENT. Y APPEARS TO LIT. WITHIN ZONE X. 10-I8-01 FOUNDATION LOCATION - �/t 'E F.I.R Al, AIAP,9 I7(195CO210 E. DATED DECEMBER 6, 2000. �' � 525 WEST PLANT STREET ,/) i %/ IOTIES AND/OR IMPROVEMENTS WERE NOT LOCATED EXCEPT AS NOTED. aurrip �: WINTER GARDEN, FLORIDA 34787 �• / [�/ OULO NOT BE USED TO REESTABLISH BOUNDARY LINES. ��� (407) 656-4993/FAX (407) 656-4437 n T JF THIS SKETCH ARE NOT VALID WITHOUT THE SIGNATURE AND THE ORIGINAL ` LICENSED BUSINESS /�6915 /f/}!.• >. WWW[[[��� A FLORIDA LICENSED SURVEYOR AND MAPPER. STEVEN E. 8'uWKENSHIP P.S.M. 5361 HEREON ARE BASED ON THE SOUTH LINE OF LOT 62, BEING N B9'59'52.W, PER PLAT. STATE OF FLORIDA z O�/ , A� d/�' ARTICLE V C• /ISE No. OS��P- // shall be connected to sidewalks within residential developments. All parking areas shall be heavily landscaped and setback allowances shall be given for any parking located behind buildings. IX/1 /i -#!� - : C. Application of District Regulations (1) . Application of Regulation to Uses Of a more Restricted District. rict permit the uses of a oor the specific districtct, uses shall be subject to hepgulations pertaining to one tconditions set forth of a more restricted distract such in the regulations of the more restricted district, unless otherwise specified. (2) Specific District Regulations. . • Within each district, regulations herein set of buildinghall be ominir um regulations and . shall apply uniformly to each class or k § 5-4 OPEN SPACE REQUIREMENTS OF ZONING DISTRICTS Th e following requirements are intended to provide exceptions to or to qualify and supplement,as the case may be,the specific district regulations set forth in.Article V: A.• An oP en space or lot area required for an existing building or structure shall not be counted as open space for any other building or structure. B. Open eaves,cornices,window sills and belt courses may project into any required yard a distance not to exceed two(2)feet. Open porches or open fire escapes may project Into ls and a front or rear yard a distance not to exceed required yard, or along theve (5) feet. Fences, aledge of any yard, residential districts maybe erected In'any qired provided that street corner visibility.requirements of of this isof Codefro allbui be I ne and pl ovided ed further that no fence,wall or hedge located in frfour(4).feet in height, and no other wall or fence shall exceed six(6) feet In height. 50 feet,the depth of the front yard C. Wherebehe dedicated streetright-of-way enty-fives less an(25)feet from.the edge of right-of-way. shall measured D. No dwelling shall be erected on a lot which doe 20 f�ut'fhees street shall form the direct st one street,which Is at least forty (40) feet In width,for at least twenty ( • and primary means of ingress and egress for all eeling units..Alleys,where they exist shall form only a secondary mean&of ingress E. The owner of any lot of record existing at the time of-the adoption of this Code that does not meet the above criteria may apply to the Board of.Adjustment for a variance for the construction of a -single-family home.:.:. The Board . of-.°Adjustment shall make a recommendation and the City Commis;i ea einoetermine adverse imat there is pact on adjacent propertisonable es to the property, and that this action w before a variance Is granted. Accessory buildings which are not a part of the main building may be built in the rear yard, F. 30 .percent of the rear yard. • but shall not cover more than thirty ( )�P .. . applicable11) front yard setback shall apply to both street frontages. • On any corner lot,the H. On any , �.. corner lot on which a front and side yard is required,elevations between wall,f ncte,sign (2 feet, six re 4or any plant growth which obstructs sight lines atefeva 6) '. inches and ten(10) feet above any portion of the crown of the adjacent roadway shall be Adopted July 21,1992 18106 .TABLE S•2 , ... ...• ' • , , MINIMUMZONING DESCRIPTIONS ON PERMITTED... -._; ;61.1..t::••. I • ' �,AINIMUMZONING DESCRIPTIONS •`1 '1 � , i i' r .: :M11?OMUM '• Mg7gMUM • MINIMUM - MINIMUM • MINIMUM - : • ,;;. ,:••BUI3MUM_DING .BUIL..._ . • LIVING AREA gni • MINIMUM �� pEDI . , SITEERVIOUS IIGHT �IMINIMUM FROM BUILDING •• ,,:.MINdd{UM+:. GE„ ,. SURFACE !.BUILDING LOTVIROTTl1 -LOT SIZE BL}1lDtNCi CK SE';TBACK • SETBACK••. S�� _—'_ ,35 FT, y.000 SF i i% 50% I -- -- i: (; �.+;�t::•: i i 150 FT :' ! : R096. 35 FT. • 1.�0 SF : 50 FT • AGRICULTURALUSES 35 FT: :•. 1S FT 4096 �' • I 1 ACRE 40 FT . . .:y25 FT q-y,'ggr{cutlural s5 15 FT ,• y,soO:SF 1/2 ACRE � .35 FT•. A-2..Suburban .. .�•.. ., , . •• • , , •• {1 :,• • ,;.t; ;•: :,;150 FT 40% 50% • 35 FT • 2.0• II I RESIDENTIAL USES . - . . • y 5 FT 40 FT 50% 1/2 ACRE 5 .:• 125 FT 40% 1,000 SF 15 FT 40 FT 50% 35 FT. ' RCE-1 35 FT! ', A096 1 ACRE 25 F.I. 70 FT 35� y,200•SF 7.5 FT 50% I RCE-2 ?.�FT. • , 70 FT 4Q%, . .. • 7,000 SF 25 FT 35 FT 1 400 SF I R_y, Single Family 3., 7.5:FT 35,�, 50% 1 B4O00 SF 2r: 30�• 75 FT • 35�, y•,800 SF • R-yq, . Single ingle amImily 25 FT ,• „ .7,5.FT• 35% 50% • 0,000 SF 35 FT • 85 FT 35 1;000 SF •: i R-1AA, .Sin Family 30 FT• ' : 7.5 FT 0% 5• 0% • y0,000 SF 25.FT • • -70 FT � �•, • _ 5,E 850 SF R 1AA .Single family. 25 • 6 FT' S5%. .. , 70%•. 7,000 SF 25 • . : 75 FT .-. 35 FT. 1,000 SF Single Family ,.,e,F,T.,• • 7096 R-2, '7,500 SF ?�' `' ' ' 70 FT5`�' 650 SF PER R:2, Two Family Dwelling ; 7..$;FT 25 FT UNff • 7,000 SF 25 FT• 80% 35 FT R 3, ${ngle Family• \ .. - 75 FT 40`%• 65Q SF PER k 7.5 FT 25 Ff "� 7,500.SF 26�' ' ' UNIT+200 SF I \ - EACH R-3, Duplexes BEDROOM • 1. 80% 35 FT • OVER TWO . • . y 0 • FT 30 FT 85 FT 40% OVER y'O 10,igi :s 25 „ UNIT+200 RS• i ree our Family EACH 1 R-$:Th y0.Q00:SF BEDROOM • +4,000 SF $0% • • 95:FT :bVER'TVVO • I PERDU • IN ••EXCESS OF 10 FT . • 30 FT F 85 FT • - 4U% OV SF PER R-3...5.or.More Famlly 412 :25:FT UNIT i200 S • (1-2 Stories) . , • i..• • EACH I iQ,b00 OF BEDROOM +2;50U SF • -: : ' '- i% 35 FT(2) OVER TWOS PER/DU IN 65 FT rye .. -BO% •�,.;s.• 80%_ yDwelling EXCESS'OF i0 FT 40 FT• __---- - d Rom, 5 - .:stp Famll 4Jg 35 FT . .. • -. .- l . `,,,. .. g Stories) __ j \ "l % Q k • l� S-�O 1"�) 1,-(4 ��G / ARTICLE V D. Nonconforming Structures. Where a lawful structure exists at the time of passage of this Code which could not be built under the terms of this Code by reason of restrictions on area, lot coverage, height,yards or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful subject to the following provisions: (1) No such structure may be enlarged or altered in a way which increases its nonconformity. (2) Should such structure be destroyed by act of nature or man to an extent of more than fifty(50) percent of its value as revealed by an insurance appraisal,it shall not be reconstructed except in conformity with the provisions of this Code. (3) Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved. E. Nonconforming Uses of Structures. If a lawful use of a structure,or of structure and premises in combination,exists at the time • of passage or amendment of this Code, which use would not be allowed in the district under the terms of this Code, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions: (1) No existing structure devoted to a use not permitted by this Code in the district in which it is located shall be enlarged, extended,constructed,reconstructed,moved or structurally altered, except in changing the use of the structure to a use permitted in the district In which it is located. (2) Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of this Code, but no such use or activity shall be extended to occupy any land outside such building. (3) Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district in which such structure is located, and the . nonconforming use may not thereafter be resumed. (4) When a nonconforming. use of a structure, or structure and premises in combination, is discontinued or abandoned for four(4) consecutive months or for eighteen(18) months during any three-year period,the structure,or structure and premises in combination, shall not thereafter be used except in conformance with • the regulations of the district in which it is located. (5) Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the • nonconforming status of the land. F. Repairs and Maintenance. On any building devoted in whole or in part to any nonconforming use,work may be done in any period of twelve (12) consecutive months on repairs or on repair or replacement of nonbearing walls, fixtures, wiring or plumbing, to an extent not exceeding twenty (20) percent of the latest assessed valuation of the building, provided that the cubical content Adopted July 21, 1992 18114 gA,,y,8,r //6 w/4 //��jj . i I//, 7 /?!(//r /1/1��/if EXI/a/T #7/ I , 9 Ark. osfre,20©i•�/vv,-ez li (/-) f MINUTES OF THE BOARD OF ADJUSTMENT • REGULAR MEETING HELD THURSDAY, SEPTEMBER 20, 2001 CALL TO ORDER Chairman Resnik called the meeting to order at 7:30 p.m. in the Commission Chambers at City Hall. The roll was called and a quorum M declared plesent. Chaian d the invoca ion Resnik led the Pledge of Allegiance to the Flag and Member PRESENT: Chairman Resnik, Vice-Chairman Cbers Colburn, Cox,ty Attorney Cooksoncand and Wilsen. Also present were Zoning Coordinator Harper, Administrative Assistant II Maxwell. ABSENT: Member Ward, who was un-excused. APPROVAL OF MINUTES Vice-Chairman Savino, seconded by Member Cox, moved to approve the June 21, 2001, Board of Adjustment Minutes as presented. Motion carried 5 -0. NEW BUSINESS CASE NO. 05VR-2001: Marbais 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 licant to construct an Applicant's variance requestme 1e 13r�fr methe lOr aing ndo Ave penue right-of-way of-way vs. the 25' accessory structure to his setback prescribed by the Land Development Code (L.D.C.)? Zoning Coordinator Harper gave a detailed history of the case for the subject property which is located at 716 East Lakeshore Drive. Zoning Coordinator Harper stated the Applicant applied for a building permit to erect a room addition to his home that, if granted,would result in a 11.3' setback from the Orlando Avenue right-of-way vs. the 25' setback prescribed by the L.D.C. "Table 502" and Article V, Section 5-4(G),page 18106. The application was rejected because on a corner lot there is a 25' building setback from both streets. Zoning Coordinator Harper stated the mere presence of a 6' masonry wall situated along the subject's Orlando Avenue frontage does not in itself insure sound buffering, vehicular safety, or other planning and design principles because the wall is not located on perpetual maintenance or homeowners association property, whose continuity is guaranteed by deed covenants or plat regulations. In other words, if the wall should be damaged or lost,the subject's owner would be under obligation to repair or replace it, although he probably would anyway. To further illustrate this point, there a relatively Board of Adjustment Regular Meeting Thursday, September 20,2001 new subdivision located a short distance away from the subject on Orlando Avenue, which was platted without first having safeguards in place for its wall maintenance. Further, the homes are situated at least 30' from Orlando Avenue,but the homeowner's association took aggressive action to try to p he effbrtuade hwas resisted Ocoee for the present time. ree to thenceforth maintain the subject wall but Zoning Coordinator Harper stated the Applicant has offered no explanation or justification for not wishing to observe the 25' building setback from Orlando Avenue, as per the LDC's threshold requirements which will be presented in more detail below in the "recommendation" section of the Staff Report. Exhibit#3 clearly depicts there are other locations on the subject property where the proposed addition may be built without the need of a variance. Zoning Coordinator Harper stated staff recommends denial of the Applicant's Variance request to build the proposed addition to his home because it would intrude 13.7' into the 25' secondary street setback. The Applicant has ample space to build the proposed addition elsewhere on his property with no deviation necessary from the L.D.C., thus 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 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." m Applicant, Steve Marbais stated only the corner ls in addition violation oft e L.D.C.o Mr.e setback and there are several homes in the area that are Marbais further stated this addition will cost approximately $130,000, which will bring property value up in the area. Discussion ensued. The Public Hearing was opened. As no one wished to speak, the Public Hearing was closed. 2 1X/7/J1ri70 Board of Adjustment Regular Meeting Thursday, September 20,2001 o ion, Member Savino stated the shape of the lot should be takentco s outlined in the which would give the Applicant"Special Conditions and Circumstances" a L.D.C. Discussion ensued. Member Tice, seconded by Member Colburn, moved to recommend to e Variance request, aHonos rable Mayor and City Commission approval of the Applicant's request did meet the "Special Conditions" as outlined in the L.D.C. Motion carried 5-0. OTHER BUSINESS - None COMMENTS -None ADJOURNMENT The meeting was adjourned at 8:05 p.m. Administrative Assistant II Maxwell Chairman Resnik 3 Copy of Public Hearing Advertisement Date Published- _ _ _ ORLANDO SENTINEL.OrlandoSentinel.com TUESDAY October 30,2001•SECTION F Advertisement NOTICE OF PUBLIC HEARING REGARDING REQUEST FOR VARIANCE AFFECTING PARCEL DESCRIBED BELOW CASE NO.05VR-2001:MARBAIS NOTICE IS HEREBY GIV- EN,that the City Commis- sion of the City of Ocoee has continued the Public Hear- ing held October 16,2001,to November 6, 2001, at 7:15 p.m.or as soon thereafter as practical,to consider the petition of Steven Marbeis,for a variance according to the provisions of Article IV, Section 4.9, pages 18093- 18094 of the City of Ocoee Land Development Code. ACTION REQUESTED: The Applicant is requesting a variance to build a room I addition to his homb 9.7'1 from the Orlando Avenue right-of-way line vs.the.pre-' scribed 25'and compared to'• the Land Development Code Table 5.2 and Article V,Sec- tion 5.4(G),page 18106., The meeting will be held in the Commission Chambers at City Hall, 150 N. Lake- shore Drive,Ocoee,Florida 34761. The address of the subject property is 716 East Lake- shore Drive.The legal de- scription of the subject prop- erty is Lot 62, Lakeshore i Gardens Subdivision. The Ocoee City Commission This notice is given pursu- may continue the public ant to Chapter IV,Section 4- hearing to other dates and 9(B),page 18094 of the City times as they deem nece5-'. Land Development Code.In- sarv.Any interested part)' terested parties may appear shall be advised that the at the cited meetings and be! dates,times,and places-o heard with respect to the any continuation of these o- proposed variance.A copy] continued public hearings of the Applicant's petition. shall be announced during and the City of Ocoee Staff I the hearing and that no fur- Report may be examined In ther notices regarding these the Building Department at matters will be published. City Hall,150 N.Lakeshore You are advised that any, Drive,Ocoee,Florida 34761, person who desires to any between.m. 5:00the hours of day:00 peal any decision made at p- a.m.and or phone Ju- the public hearings will Ilan lathrn gh Harper,FridayZor Coone di- need a record of the pro- crant ( Zoning 905-3100 ex- ceedings and for this pur- tensI at - 07) frfurther ex- pose may need to ensure' tension 9-1013 for that a verbatim record of f the proceedings Is made which Includes the testimo- ny and evidence upon which the appeal is based.Persons with disabilities needing as-1 sistance to participate lb any of these proceedings should contact the CitY' Clerk's Office 48 hours In advance of the meetingbf' (407)905-3105. 1/ Jean Grafton,City Clerk.� October 30,2001 CORL4158806 Oct 30,2001.1