HomeMy WebLinkAboutVII(B) Kohlmeier - Kelley Variance
City Manager
Jim Gleason
Agenda 03/02/04
C .. Item VII B (Addendum)
ommlSSloners
Danny Howell, District 1
Scott Anderson, District 2
Rusty Johnson, District 3
Nancy J. Parker, District 4
Mayor
S. Scott Vandergrift
STAFF REPORT
From:
The Honorable Mayor & City Commissioners
Terry L. James, Principal Planner 0 (rvv..
Planning Division 5't-
Russ Wagner, AICP O~/
Community Development Director 1A'1
To:
Through:
Date:
February 26, 2004
Subject:
ADDENDUM
Richard J. Kohlmeier & Virginia R. Kelley
Variance Application # VR-04-001
465 Meadow Sweet Court
Mr. John W. Resnik, the Chairman of the Board of Adjustment (BoA), called a special meeting
for February 25, 2004. The special meeting was necessary due to the conflict on February 19
with another event scheduled during the regular BoA meeting time. As a result of this meeting
date change, the City Commission submittal deadline occurred before the BoA meeting
necessitating this Addendum to the original Staff Report dated February 23,2004.
BOARD OF ADJUSTMENT DISCUSSION:
Mr. Jim Phelps, the City Building Official, gave a brief history of how this variance application
was an outgrowth of a code violation brought before the Code Enforcement Board. He also
provided testimony on the code enforcement procedures and interpretations. Bruce Dunford.
the Zoning Inspector, and Bob Siegrist, the Code Enforcement Officer, provided additional
testimony concerning the code enforcement case that precipitated this variance request.
Mr. Kohlmeier spoke on behalf of his variance request stating his concern over the length of the
entire process and the cost of the variance application. He also indicated that he would not
have filed the application had he known that there was a possibility the variance application
could be denied. He offered no facts under variance criteria contained Subsection 4-9 A. 1-4. of
the LDC that would permit the recommendation for granting this variance. (See previous Staff
Report dated February 23,2004 for this LDC Subsection)
Mr. Peter W. Zeitler, a neighbor of Mr. Kohlmeier, questioned the need for the two-foot set back
for the driveway indicating that the overall improvements to the house initiated by the applicant
greatly improved the neighborhood. Mr. Zeitler felt the applicant had not violated the spirit of
the Land Development Code (LDC) since these other improvements outweighed this minor
violation. Commissioner Danny Howell, as a citizen of Ocoee, spoke on behalf of the applicant.
City ofOcoee . 150 N Lakeshore Drive. Ocoee, Florida 34761
phone: (407) 905-3100 . fax: (407) 656-8504 . www,ci.ocoee,fl,us
After listening to the testimony during the public hearing and questioning the speakers further,
the Board of Adjustment closed the public hearing and discussed Mr. Kohlmeier's variance
application. BoA confirmed there was a violation of the two foot set back requirement contained
in Subsection 6-4 H. of the LOC, and then discussed the four criteria needed to recommend the
granting the approval of this variance.
BOARD OF ADJUSTMENT RECOMMENDATION:
Upon determining that the applicant did not meet the variance criteria contained in Subsection
4-9 A. 1-4., of the LOC, the Board of Adjustment recommended denial of the Kohlmeier-Kelley
variance request to the Mayor and City Commissioners
STAFF RECOMMENDATION:
The Staff concurs with a the Board of Adjustment recommendation and further recommends
that the case be referred back to the Code Enforcement Board to proceed with whatever action
is necessary to correct this code violation.
Mayor
S. Scott Vandergrift
renter of Good L .
~~e \..- 1~~
Agenda 03-02-2004
Item VII B
City Manager
Jim Gleason
Commissioners
Danny Howell, District 1
Scott Anderson, District 2
Rusty Johnson, District 3
Nancy J. Parker, District 4
STAFF REPORT
DATE:
February 23, 2004
TO:
The Honorable Mayor & City Commissioners
THROUGH:
Russ Wagner, AICP
Community Development Director
~
FROM:
Terry L. James, AICP D~
Principal Planner ~. 1
Richard J. Kohlmeier & Virginia R. Kelley
Variance Application # VR-04-001
465 Meadow Sweet Court
SUBJECT:
ISSUE: Should the Mayor and City Commissioners approve a variance to permit a driveway to
continue to encroach into the 2-foot side setback area required of all residential driveways?
BACKGROUND:
Aoolication & Fee Waiver Reauest
The Applicants submitted the "Application for Variance" on November 13, 2003 concerning a
driveway widening at their residence on 465 Meadow Sweet Court; however, they initially
requested a waiver of the application fee and development review deposit. The variance
application, itself, was then placed on hold while the fee waiver request was processed. The
Mayor and City Commissioners denied the variance fee waiver request on December 2, 2003,
ThiS particular case (# 03-002719) originated when a previous case produced code
enforcement action concerning the construction of a fence without a permit. At 6 feet, this fence
was not in compliance with the Land Development Code (LDC) that requires a 4-foot fence at
that location on the property. Both the failure to apply for a construction permit and the fence
height were LDC violations. Subsequently, the fence height was reduced to the required 4 feet.
During this action, the Zoning Inspector learned of the Applicants' plans to widen the driveway
and told the Applicants of the permit and dimension requirements. This case was of particular
concern since the Building Division informed the Applicants of the LDC requirements before the
actual construction began. The Applicants then widened the driveway without a permit and
contrary to the dimension requirements, both actions being violations of the LDC.
This case was continued from September 23,2003 Code Enforcement Board meeting until the
meeting on November 27, 2003 with the stipulation that the Applicants should submit a variance
application for the driveway widening within 60 days. An approval of this variance application
City ofOcoee . 150 N Lakeshore Drive. Ocoee, Florida 34761
phone: (407) 905-3100. fax: (407) 656-8504. www.ci.ocoee.fl.us
Kohlmeier-Kelly
VR-04-001
Page2of3
for the driveway widening by the Mayor & City Commissioners would preclude further action by
the Code Enforcement Board. The Code Enforcement Board gave the Applicants until February
20, 2004 to resolve the code violation through the use of the variance application procedure.
On January 9, 2004, after the denial of the fee waiver request on December 2, 2003, the
Applicants then paid the necessary fees to process their variance application. Since the actual
application' fees were not paid until January 9, the Applicants will not meet the February 20
deadline imposed by the Code Enforcement Board. Jim Phelps, the Chief Building Official,
provided an update to the Code Enforcement Board at their January 27 meeting.
Content of Variance Reauest
This variance application requests that the driveway that has been built at 465 Meadow Sweet
Court be allowed to continue to encroach into the 2-foot side setback for driveways, This
encroachment is not allowed according to Subsection 64.H. (2) of the Ocoee LDC which states,
in part: "... Any residential ... driveway ... shall be set back at least two (2) feet from the side or
rear property lines... ," (For the complete "Off-Street Parking Lot Requirements" citation, see
attached)
DISCUSSION:
This came to the attention of the Building Division as a complaint regarding a fence being
constructed in violation of the Ocoee LDC. Upon investigation, it was determined that the fence
construction was done without a permit and built too high. During the City's efforts to correct
this violation, discussions took place regarding a future driveway widening, Mr. Kohlmeier was
advised that he would be required to obtain a permit prior to widening his driveway and the
Ocoee LDC would require the driveway to have a 2-foot setback from the property line.
Subsequently, the driveway was built without a permit and contrary to the setback requirements
after specific instructions to the Applicants by the Zoning Inspector. After the construction of the
driveway, the Applicants were then cited for their violation and appeared before the Code
Enforcement Board. This Board offered the option to apply for a variance that, if approved by
the Mayor and City Commissioners, would allow the encroachment and preclude further action
in terms of the pending code violation.
The Applicants, however, have provided no information in this variance request demonstrating
they have met the requirements for granting a variance contained in Subsection 4-9. A. (1)
through (4) of the LDC. Although "hardship" can be alleged, it was self-inflicted when the
Applicants failed to adhere to specific instructions by the Zoning Inspector prior to the driveway
widening construction. (For the complete "Variances" citation, see attached.) Furthermore.
recommending approval of this variance will set a precedent that may encourage other citizens
to proceed with construction projects without regard to the Ocoee LDC and then apply for
variance in order to remove their code violation citations.
Kohlmeier-Kelly
VR-04-001
Page 3 of 3
STAFF RECOMMENDATION FOR THE BOARD OF ADJUSTMENT:
Staff is recommending that the Board of Adjustment recommend denial of the Richard J.
Kohlmeier and Virginia R. Kelley variance request to the Mayor and City Commissioners and
further recommend that the case be referred back to the Code Enforcement Board to proceed
with whatever action is necessary to correct this violation.
BOARD OF ADJUSTMENT RECOMMENDATION:
The recommendation from the Board of Adjustment meeting held on February 25, 2004 will be
provided at the time of the City Commission meeting to be held on March 2, 2004.
STAFF RECOMMENDATION FOR THE MAYOR & CITY COMMISSIONERS:
Staff recommends denial of the Richard J. Kohlmeier and Virginia R. Kelley variance request
and further recommends that the case be referred back to the Code Enforcement Board to
proceed with whatever action is necessary to correct this violation.
Attachments:
Pictures
Location Map
Surrounding Zoning Map
Ocoee Land Development Code, Subsection 6-4 H. Off-Street Parking Lot ReqUirements
Ocoee Land Development Code, Subsection 4-9. Variances
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Kohlmeier-Kelley Variance:
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(7)
(8)
ARTICLE VI
each three hundred (300) square feet of floor area above the first floor,
excluding all rooms used for storage,
Wholesale and manufacturing: One space for each of the first twenty-five (25)
employees of the major shift, plus one space for each one and one-half (1 1/2)
additional employees of the major shift.
Uses not listed above: For all uses not covered in (a) through (h) above, the
Planning and Zoning Commission shall make a recommendation and the City
Commission shall determine the parking demand to be created by the proposed
use, and the amount of parking thus determined shall be the off-street parking
requirement for the permitted use,
H. Off-Street Parking Lot Requirements,
(1) All parking areas shall be surfaced with a hard, dustless material, shall be properly
drained and shall be designed with regard to pedestrian safety. Upon a
determination by the Development Review Committee up to twenty five percent
(25%) of parking spaces may remain unpaved. A place of worship, or other
institutional use without daily parking needs may be allowed to leave fifty percent
(50%) of all parking spaces unpaved. The applicant shall supply evidence that the
unpaved parking area will not cause erosion, reduce water quality, or any other
degradation of the natural or built environment.
* (2)
Also, where light duty or infrequent use of the parking lot may make it desirable, the
DRC may approve a grass or mulched surface, Should the use of this lot change
appreciably, however, such that a grass or mulched surface is no longer adequate,
the City may require the lot to be resurfaced with a more durable material. The
location of individual parking spaces shall be clearly marked.
Each off-street parking space shall include one hundred eighty (180) square feet in
addition to space for access drives and aisles. The minimum size of each space
shall be nine (9) feet by twenty (20) feet. Aisles for two-way traffic in parking lots
shall be twenty-two (22) feet in width. Aisles for one-way traffic with angle parking
may be reduced to fifteen (15) feet in width. Off-street tuming and maneuvering
space shall be provided for each lot containing six (6) or more spaces so that no
vehicle will be required to back onto or from any public street or alley.
Residential driveways, parking spaces, motor courts, sidewalks, etc,: Any
residential sidewalk, driveway, parking space or other' vehicle circulation area
whether of a paved surface such as asphalt, concrete or brick, or of an unpaved
surface such as gravel, mulch or dirt shall be set back at least two (2 feet from the
side or rear prope lines. The provisions 0 is Co e s all also apply to prohibit
the Ivers Ion of drainage from vehicle parking or circulation areas onto adjacent
properties.
(3) All off-street parking spaces shall be clearly defined and maintained in a manner
that parking spaces, pavement markings, tum arrows, etc., are always easily
discernible.
(4) Permanent reservation. The area reserved for off-street parking or loading space
shall not be reduced in area or changed to any other use unless the permitted use
which it serves is discontinued or modified, except where equivalent parking or
loading space is provided.
180.6.17
ARTICLE VI
,.
(5)
Commercial vehicles and trailers of all types, including travel, camping and hauling,
and mobile homes shall not be parked or stored on any lot occupied by a dwelling
or on any lot in any residential district except in accordance with the following
provisions:
(a) Not more than one commercial vehicle which does not exceed one and
one-half (1 1/2) ton rated capacity per family living on the premises shall be
permitted; and in no case shall a commercial vehicle used for hauling
explosives, gasoline or liquefied petroleum products be permitted,
(b) Not more than one camping or travel trailer or hauling trailer per family
living on the premises shall be permitted, and said trailer shall not exceed
twenty-four (24) feet in length or eight (8) feet in width; and further provided
that said trailer shall not be parked or stored for more than forty-eight (48)
hours unless it is located behind the front yard building line. A camping or
travel trailer, or camper vehicle, shall not be occupied either temporarily or
permanently while it is parked or stored in any residential district, except
when it is located in an authorized mobile home park. '
(c) Disabled vehicles or trailers of any kind or type shall not be parked or
stored in any residentially zoned property for more than one month unless
in a completely enclosed building or carport.
~ 6-5. OFF-STREET LOADING STANDARDS.
A, There shall be provided on the same lot with each building or structure, other than a one-
through four-family dwelling hereafter constructed, adequate space for off-street loading,
unloading and the maneuvering of commercial vehicles. There shall be no loading or
unloading of commercial vehicles on a public street. Off-street maneuvering space shall be
provided so that no backing onto or from a public street is required. All loading and
maneuvering areas shall be surfaced with a hard, dustless material, shall be property
drained and shall be designed with regard to pedestrian safety, and shall have direct
access to a public street or alley,
8, The number of off-street loading berths required by this section shall be considered as the
absolute minimum, and the developer shall evaluate his own needs to determine if they are
greater than the minimum specified by this section. For purposes of this section, an off-
street loading berth shall have minimum plan dimensions of twelve (12) feet by twenty-five
(25) feet, and fourteen (14) feet overhead clearance, with adequate means for ingress and
egress. The number of off-street loading requirements shall be as follows:
(1) Each retail store, storage warehouse, wholesale establishment, industrial plant,
factory, freight terminal, market, restaurant, mortuary, laundry, dry cleaning
establishment or similar use which has an aggregate gross floor area of:
180.6.18
ARTICLE IV
,
(c) The use or structure would not create a fire hazard;
(d) The use or structure would not result in noise, odor, glare, vibration, or
other similar characteristic which is detectable at the property line and
which exceeds the level which will result from permitted uses;
(e) The use or structure would not prevent an adjoining landowner from the
legal use of his property pursuant to this Code;
(f) The use or structure would not violate a requirement of limitation of any
applicable state or federal law or regulation, and;
(g) The use or structure would not result in the inadequacy or inability of any
public facility or service to meet adopted standards.
~ 4-9. VARIANCES.
The Board of Adjustment may recommend and the City Commission may grant a variance from the
terms of these regulations when such variance will not be contrary to the public interest and where, owing to
special conditions, a literal enforcement of the provisions of these regulations would result in unnecessary
hardship. Such variance shall not be granted if it has the effect of nullifying the intent and purpose of these
regulations. Furthermore, such variance shall not be granted by the City unless and until:
A. Application,
A written application for a variance is submitted with the application fee demonstrating:
(1) That special conditions and circumstances exist which are peculiar to the land,
structures, or required subdivision improvements involved and which are not
applicable to other lands, structures, or required subdivision improvements;
(2) That a literal interpretation of the provisions of these regulations would deprive the
applicant of 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, structures, or
required subdivision improvements under similar conditions, No pre-existing
conditions of neighboring lands which are contrary to these regulations shall be
considered grounds for the issuance of a variance.
B. Findings.
The Board of Adjustment shall make findings that the requirements of this section have
been met:
(1) A public hearing on the proposed variance shall be held, The public hearing may
be held prior to or simultaneously with the public hearing for approval of the
Preliminary Plan. Both the Board of Adjustment and City Commission public
hearings must be advertised in a newspaper at least seven (7) days before each
hearing.
180.4.43
ARTICLE IV
~
All property owners within 300 feet of the subject property must also be notified by
mail at least seven (7) days prior to the hearing date, This notice may include
information on both the Board of Adjustment and City Commission hearings if the
item goes before both Commissions, If the hearing information for the City
Commission meeting is not available at the time the notices must be sent for the
Board of Adjustment meeting, a second notice to property owners must be mailed
seven (7) days before the City Commission hearing detailing the meeting time,
place, and other particulars,
(2) The Board of Adjustment shall further make a finding that the reasons set forth in
the application justify the granting of the variance which would make possible the
reasonable use of the land, buildings, or other improvements.
(3) The Board of Adjustment shall make further finding that the granting of the variance
would be in harmony with the general purpose and intent of these regulations, will
not be injurious to the surrounding territory, or otherwise be detrimental to the
public welfare.
C. Board of Adjustment and City Commission Action.
In recommending any variance, the Boa~d of Adjustment may prescribe appropriate
conditions and safeguards in conformity with these regulations and the City Commission
may approve such conditions, Violation of such conditions and safeguards when made a
part of the terms under which the variance is granted, shall be deemed a violation of these
regulations and Chapter 65-2015, Laws of Florida,
~ 4-10. DEVELOPMENT AGREEMENTS.
A. Intent and Purposes.
Development Agreements are agreements which may be entered into by a landowner
and/or his or her agent and the City Commission consistent with the provisions of Sections
163.3220 through 163.3243, Florida Statutes, for one or more of the following purposes:
(1 ) To provide for a longer time period for performance under this Code.
(2) To guarantee that the regulations existing at the time of execution of the
development agreement shall govern the development for the duration of the
agreement, except as specifically restricted herein, .
(3) To provide for phasing of developments and associated required improvements,
including phasing of improvements required to maintain level of service standards
for public facilities.
(4) To provide additional methods for owner/developer or third party contributions to
public facilities necessitated by the development.
(5) To provide a method for enforcing an agreement or commitment relative to some
aspect or feature of a development or activity subject to the provisions of this Code,
(6) To provide a method for incorporating several local approvals or permits into a
master approval so as to result in greater efficiency and effectiveness into the
development permitting process,
180.4.44