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HomeMy WebLinkAboutVI (B) Request for Variance Case No. VR-03-003 Agenda 8-5-2003 Item VI B Center Of Good Lt gent •(��` t4ve 11mVnu nriv Stull A mdr r,rill Nunn 1I ell Ilc 1 I %COED 58)8 v„ 1 „n Iia1 I Nei( ii .�I:nri ,r JJ 1 18) •John nn_ I h i 'i 'I -Jim (;lo)cun ,)41r'ol Ni' '. ; u .Ilk Ih. n'irl I STAFF REPORT To: The Honorable Mayor&City Commissioners From: Terry L. James, AICP L Principal Planner Through: Russell B. Wagner, AICP Community Development Director Date: July 25, 2003 Subject: Dana H. Hopkins Variance Application VR-03-003 414 South Cumberland Avenue ISSUE: Should the Mayor and City Commissioners grant a variance to Mr. Dana H. Hopkins to permit the placement of a detached garage (accessory building) 7.5 feet from the south property line bordering West Washington Street rather than the required 25 foot minimum side setback for the Single Family Residential (R-1-AA)zoning district? BACKGROUND: The property is located at 414 South Cumberland Avenue on the northeast corner of intersection of South Cumberland and West Washington Street in the Hidden Oaks Subdivision. West Washington Street, on the southern boundary of the property, is an unimproved dirt roadway with a 60-foot right of way- Currently, the City has no plans to improve this roadway: however, there are also no current plans to vacate this right of way since it may be needed for a public purpose such as for stormwater management ponds. The existing residence is a single-family, one-story structure on a 0.36-acre lot and is within the Single-Family Dwelling (R-1-AA) zoning district. The applicant is proposing to build a 30 by 40 foot garage separated from the residence on the southeast corner of the property. The applicant is requesting a variance to permit the garage to encroach on the required setback. DISCUSSION: This separated garage is deemed an accessory building according to Subsection 2-4(44) of the Land Development Code, which states, "...a detached and structurally independent carport, garage, or other structure shall be deemed an accessory building". City of Ocoee • 150 N Lakeshore Drive • Ocoee, Florida 34761 phone' (407) 905-3100 • fax. (407) 656-8504 • www.ci.ocoee.flus The Honorable Mayor 8 City Commissioners July 25,2003 Page 2 of 3 The property is a corner lot and, as such, is governed by Subsection 5-4 G. that states, "On any corner lot the applicable front yard setback shall apply to both frontages". Table 5-2 indicates that the minimum front setback for R-1-AA zoning district is 25 feet; therefore the side minimum setback is also 25 feet. The applicant is requesting a reduction in the minimum side setback requirement to 7-1/2 feet from West Washington Street. There are no plans to pave this roadway for the conveyance of vehicles; therefore, the 25-foot minimum is not necessary for safety, aesthetic or operational considerations. If the roadway was abandoned or vacated, half of the right of way (30 feet) would be returned to the property owners abutting West Washington Street. At that point the applicant would have the additional 30 feet added to the 7-1/2 foot side setback for a total of 37 Yz feet. In either case, there are no deleterious issues created if the variance is granted. Furthermore, the granting of this setback variance to this 1,200 square foot garage as an accessory building would not affect the maximum 30% rear lot coverage requirement for accessory buildings under other code requirements. RECOMMENDATION: The Planning Division Staff recommended that the Board of Adjustment recommend that the variance for the reduction of the minimum side setback from 25 feet to 7 Y feet be approved to allow for the placement of the proposed 1,200 square foot garage on the southeast corner of the property. BOARD OF ADJUSTMENT RECOMMENDATION: The Board of Adjustment reviewed the Hopkins' variance request on July 24, 2003. The Board requested clarification on the unimproved West Washington Street R-O-W. Staff responded that there were no future plans for improving the right of way, but the City also did not want to abandon or vacate the road since it may be needed for stormwater retention or some other public purpose. Dana Hopkins was at the public hearing to speak on behalf of his variance application and answered questions concerning the size and the proposed use and need for the garage. No other citizens were at the public hearing to speak on this application. After satisfactorily resolving outstanding issues and questions, the Board of Adjustment made findings that the requirements of Section 4-9 of the Land Development Code (LDC) has been met, that the granting of a variance would make possible the reasonable use of the land and that the variance would be in harmony with the general purpose and intent of the LDC, would not be injurious to the surrounding territory, or otherwise detrimental to the public welfare. The Board of Adjustment then passed a motion recommending to the City Commission the approval of the Variance Application # VR-03-003 as originally recommended by Staff. STAFF RECOMMENDATION: Staff concurs with the Board of Adjustment's recommending motion. The Honorable Mayor 8,City Commissioners July 25,2003 Page 3 of 3 Attachments: Public Hearing Notice-July 10, 2003 Location Map Sketch of Proposed Garage Applicable Land Development Codes O'.\Staff Repons\2003\3R03068 CC.doc ORLANDO SENTINEL Thursday, July 10, 2003 CITY OF OCOEE NOTICE OF PUBLIC NEARING KNOWING APPLICAN DANA TI ROSINS T CASE NYMEA VR.03.001 acre n sEsmMuled aUPubl C Hearing fore Thursday,July b.rMO1 o111'1x p.m.or as don thereof! r as possible.in order to Con:mer me Malian LI subsection iwmpose$ieoia`andaccording 160.�44 of tthe e CCiiy of r«`oeof and Article Code. AcorvREQUESTED'p placement Of achdo eia 11 c uilding)75 feet fr`_Wm srmit lired 25 foo m Minimum id diing striceil t, o:r Corner lap in o the Single Fcm.n re- quired AAlumnl "COSIEST FOR VAll'ANc! CA5CR -J� L_-I L L11,1 lx '- V ; --pr. rb�- xoTd s � xl`— �ra T I se r nl�TTT • \\ 61µ��.Y! Ly m I1 1 aMIN _CT,_Y„v vl T r POND'S.' I • cy �r 1— FFe W HMO\4ii Wig s_ r l The the Board Commission f Adjustment will ommendation on`iu sg ec Aufinal r S. t in thesoon Commission`soan Cambers att the Citv`ibimHall,ISO`meetings rollNorth Lakesric Orme. Ocoee,Florida 34761. The properly is further Identified as follows'. Address-Illll Soule Cumberland P W 1E0 Owner:Dona H.Hopkins Legal Description:HIDDEN OAKS SUB 19161 LOT 16 ge 1This 00413 aleIhe City of ocaee is given `land DeveIoomen t to Article IV, ICode. t Interested WPoes May e appear o thelcited meetings and be l ee application and the CHI.of Ocoee Slofi Report ard wills reseed tone pr may sir lams A City flunked of she the Community above betweenn ine hwnofe:00 Warta inthen 5:00 p.m..Monday through Friday or phone Terry L.lames.Principal Planner al n1.9as.1100.extension lot'Orr further delolls. The Bmea of Adjustment or me s, commission may continue he a ec heroin's to beeramesend limes,as they deem necessary. interested of Mese orE r continued Public public hearings shall bed places duringmhe lion atring and Oral no further polices regorging these matins w, wpm. lished. You` li advised who desires lor<�i +decision mode icheoawil need rco theoreand for m the nose may o verbatim record or lbe prxeeamp.H mode wni Includes meo testimony and evidence umn which lbe[repeal is based. - Persons wuht disabilities at meinhouldd argue/theneeding Ofcea nouindun these meeting argoo-nos.July I41 1•City Clerk e AA] O13S121111 • u ill I DANA HOP KINS VARIANCE VR-03 003 ' • '�IO_AKLANDtAVi ` ®AK ? D; � - 4 �, I. +4wf� K YST , r - A-61C1OiLIIP STD _, J � j` )l�O R "tTl _ I -�I 1 �J I - I,� ,, II LAFAYET HE Sit I W-OM ,O'j=LT Ocoee MS U) . - - —I r =1,' iv II ,4 , 4 `,� • [_ �_ ' ' I ARE 6T � t - 7T ST 0 P _ D mLS*:tt4, . W, ' I �11C W TON ST E OR DANA HOPKINS VARIANCE VR-03-003 SKETCH OF THE PROPOSED GARAGE \ - - Co)6 p • �n U I � m JV S 5 W z9'E I.� 172.50 °, tP. Fr s e9° 57' Fr 632uo1 n Q, !CO II -�� I �16 1t 1, mCO) Apr R- a —1 I/ /II U'‘ri o \ I � z q per. e OceG4{ x 9 CI ❑❑ Im ° (>.frre 77 Jl 60.00 YY it_ —_oil—_—N — I" . 589 ° 57 24" E �—— 155.53 WASHINGT,ON STREET ( GO' R/W ) Hopkins Variance Application VR-03-003 Applicable Land Development Code Sections Subsection Page Language 180.2.6 Building,Accessory:A subordinate building or a portion 2-4 (38) of the main building located on the same lot as the main building,the use of which is incidental to that of the m dominant use of the buildin or remises. 2-4 (44) 180.2.6 Building, Principal:A building in which the main or principal use of the lot or parcel on which said building is situated is conducted. In a residential district, any dwelling shall be deemed the principal building on the lot on which the same is situated. An attached carport, shed or garage, or any other structure with one or more walls or a part of the principal building and structurally dependent, totally or in part, on the principal building, shall be deemed a part of the principal building, but a detached and structurally independent carport, garage of other structure shall be deemed an accessory building. 5-4 F. 180.5.13 Accessory-buildings which are not a part of the main building may be built in the rear yard, but shall not cover more than (30) percent of the rear yard. 5-4 G. 180.5.13 Omany corner lot the applicable front yard setback shall fly to both frontages. Table 5-2 180.5.53 RA-AA: Minimum setbacks Front 25 feet Side 7.5 feet Rear 30 feet 5-6 B. 180.5.14 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 five (5) feet to the rear lot line and five (5) feet to the side lot line; provided, however, a shed no larger than 120 square feet and not located within a utility or drainage easement may be located no closer than three (3) feet to the rear lot line and three (3) feet to the side lot line.