HomeMy WebLinkAboutVII (B) Waiver of Variance Application Fee for Mr. and Mrs. Milton Agenda 3-18-2003
e.Center of Good Li Item VII B
Mayor Commissioners
S. Scott Vandergrift Danny Howell, District 1
✓�i �\ Scott Anderson, District 2
City Manager , Y - �, '� Rusty Johnson,District 3
Jim Gleason ; `' -.a -7" '+ nl / it Nancy J. Parker, District 4
STAFF REPORT
DATE: March 11, 2003
TO: The Honorable Mayor and City Commissioners
FROM: Bruce Dunford, Zoning Inspector
THROUGH: Russell B. Wager, ACIP, Community Development Director
SUBJECT: Waiver of Variance Application Fee
Request from Mr. & Mrs. Milton Lot 13, Block B, Marion Park
ISSUE
Should the Mayor and City Commissioners waive the Variance Application Fee for Mr. & Mrs.
David Milton on Lot 13, Block B, Marion Park located on Lafayette Street.
BACKGROUND/DISCUSSION
On December 12, 2001, Mr. George Milton and Mr. David Milton purchased Lot 13 together
with adjacent Lot 12. On July 24, 2002, Mr. George Milton executed a Quit-Claim Deed
conveying only lot 13 to Mr. David Milton. Mr. & Mrs. Milton have stated that in conversations
with a City Staff member, they were told they could separate Lot 13 from Lot 12 and develop the
property without requesting a variance, providing the zoning setbacks and septic requirements
were met.
According to the City's Land Development Code ("LDC"), a R-1A zoning district requires a
minimum lot size of 8,000 square feet and a minimum lot width of 70 feet. Lot 13 is 6,400
square feet and is 50 feet wide, which makes it a substandard lot under the LDC.
Furthermore, Section 5-10B of the LDC provides in part that if two (2) or more adjoining vacant
lots or portion (there of) with contiguous frontage and of record on or before the adoption of the
LDC in 1992 are in a single ownership and such lots individually are too small to meet the width
and area requirements of the zoning district, than such lots are considered to be a single lot of at
least the minimum size and the lots are therefore subject to the requirements of the LDC with
respect to lot area and width.
The City of Ocoee• 150 N Lakeshore Drive •Ocoee,Florida 34761
phone: (407)905-3100•fax: (407)656-8504•www.ci.ocoee.Fl.us
On August 2, 2002, Mr. David W. Milton was sent a copy of the letter regarding the
interpretation of the LDC Section 5-10B by the City Attorney, stating that Lot 13 was a single lot
together with Lot 12 since they were under single ownership subsequent to the LDC in 1992 and
since individually they are too small to meet the width and area requirements of the R-lA zoning
district. The LDC would require that Lot 13 together with Lot 12 be developed as a single lot.
RECOMMENDATION
Since Mr. Milton received the letter regarding the interpretation of the LDC Section 5-10B by
the City Attorney after the Quit—Claim Deed separation of Lot 13 was completed, and their
understanding was that if all zoning setbacks and septic requirements were met on the property,
development would be permitted, it is the Staffs recommendation that the Application Fee for a
Variance be waived.