The URL can be used to link to this page

Home My WebLink AboutVI (C) Request for Variance Case No. VR-03-004 Agenda 8-05-2003 enter 000d C f GI,,�. Item VI C 46Scui `m .fib 6' ( on uol , n ti„il Adr rvsrili � Dunn) II o IIlI . Del I S col I An on. 1lei 'i ( tly.Alinl J '0_ > u=T 1hn nn. II tnelS Jim (,Irs. m �^'�' ' . /( N:uue I l )Irl,v_ I IruI I L - I STAFF REPORT To: The Honorable Mayor & City Commissioners From: Terry L. James, AICP Principal Planner Through: Russ Wagner, AICP n�] Community Development Director YJ'j Date: July 25, 2003 Subject: Carol K. Amey Variance Application # VR-03-004 401 South Bluford Avenue ISSUE: Should the Mayor and City Commissioners grant a variance to Carol K. Amey to permit the roofing and screening of an open patio 18 feet from the north property line bordering West Delaware Street rather than required the 25 foot minimum side setback for the Single Family Residential (R-1-AA) zoning district? BACKGROUND: The property is located at 401 South Bluford Avenue on the southeast corner of the intersection of South Bluford Avenue and West Delaware Street in a Single Family Residential (R-1-AA) zoning district. The existing residence, built in 1982, is a single family, one-story structure on a 0.329- acre lot. The applicant is proposing to enclose an existing concrete slab at the rear of the house to create a 20-foot by 18-foot roofed and screened porch. The proposed porch will match the existing side setback of the existing structure at 18 feet from West Delaware Street. The applicant is requesting a variance to permit the screened porch to encroach on the required setback. DISCUSSION: This screened porch is deemed a component of the principal building according to Subsection 2-4(44) of the Land Development Code, which states, "...any other structure with one or more wall 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 ....". City of Ocoee • 150 N Lakeshore Drive • Ocoee. Florida 34761 phone. (407) 905-3100 • fax. (407) 656-8504 • www_ci ocoee.fl.us The Honorable Mayor&City Commissioners July 25,2003 Page 2 of 2 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 from 25 feet to 18 feet. If this lot were not located on the corner, the minimum side setback would be 71/2 feet. The principal building, built in 1982, was setback 18 feet from West Delaware Street. The proposed screened porch, as an addition to the principal building, will have the same setback distance since it will match the building's existing northern wall on the West Delaware Street. Staff has a petition signed by 10 neighbors in support of granting of this variance. Also given the size of the lot and the method of construction, the addition will appear to be an integral part of the original structure. 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 18 feet be approved to allow for the addition of the proposed 360 square foot screened porch to the existing principal building/residence. BOARD OF ADJUSTMENT RECOMMENDATION: The Board of Adjustment reviewed the Amey variance request on July 24, 2003. The Board members received clarification on the size and location of the screened porch. Carole Amey was out-of-town and not at the public hearing to speak on any issues raised by her application. Carole Amey requested that Commissioner Rusty Johnson, as a citizen residing at 21 West Delaware Street, answer any questions concerning the application; he also spoke in favor of the application as a neighbor. No other citizens were at the public hearing to speak. 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-03-004 as originally recommended by Staff. STAFF RECOMMENDATION: Staff concurs with the Board of Adjustment's recommending motion. Attachments: Public Hearing Notice-July 10, 2003 Location Map Applicable Land Development Code Citations (Zoning) Legal Description & Boundary Survey Screened Porch Addition Drawing O:\Staff Reports\2003\5R03067 CC.doc LOCATION MAP N �to I CAROLEAMEY VARIANCE VR-03-0047 ?'. �\ Z. C WtacEl �Ckt1 � F...- nOAKLANDPLCH r eb&K ,Dr;A <\ s n : k n S A C�n pr , 'isd! K S I 1 `lklii i .1 ` I I, , " A.GNOLA ST !E';1�ORAL ■ i 7- �, LAFAYETT _TL L _ J O ID ' T- Ocoee MS 1 'I ♦r(D— If ri Tria 4 r /.;. mg;' DELA R m " — - O ,,▪iv "a 711E IIST_ O 0 -_C • ;. - E WASHINGTC W W^ INGTON ST _ E-OBI Amey Variance Application VR-03-004 Applicable Land Development Code Sections SUBSECTION PAGE LANGUAGE 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 or other structure shall be deemed an accessory building. (Emphasis added.) 5-4 G. 180.5.13 On any corner lot the applicable front yard setback shall apply to both f rontages. (Emphasis added.) Table 5-2 180.5.53 R-1-AA: Minimum setbacks Front 25 feet. Side 7.5 feet Rear 30 feet LEGAL DESCRIPTION: THE NORTH 83' OF THE EAST 172.5' OF LOT 5, BLOCK "4", MAP OF OCOEE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK A, PAGE 100, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA. THE ABOVE REFERENCED PROPERTY IS LOCATED IN ZONE "C", AREA OF MINIMAL CITY OF FLOODING OCOEE120185 ORANGE COUNTY, FLORIDA. MAP DATED 0005 C NOVEMBER 1, 1978. STREET DELAW ARE •) r+o 1.a. J. � Ilk \ ii -_r 0 N m w c\ . 2. a-o��.S sty.;.: c. y� - D z P�uh ygp z w r.�A :, / nv. i - g w > ,a.., > Flx sac „ Q a. 0.] 0n r^� a /H0 l.n 172.5 (P) N ri I IEL \ LAI LOT 5 , BLOCK A 7 m 0 z Q w 1n on D V 345. (P) O . L W AS HI NGTQV STREET NATIONAL TITLE INSURANCE OF NEW YORK, INC . CERTIFIED TO: MID FLORIDANC- TITLE SERVICES, IN$U C KCOMFMMCI CAROLE K. MCI AMEY ARN AMR(-1 MnPTCAGR QRntlo TMC I -1 >' ti O 1 • 1 1 i l 5c0, 0 1, [ I -7 1 ' (j) 1 T. ---- , \ 5 1 ` .-A-77. \ ;-• 1 / . ,� % C. • . > I \ o )." X th u i• D K t n y I• f i "Y>4\ i 1 N, • X T!:5' 1 i 1 .4 (t : 4\ \ ; 1 r.-% \ I r p A S In \ • cl .., 1 t \---------: ' ---2A.:i'l\ j ' \ S 4t V ," n X ' ORLANDO SENTINEL Thursday, July 10, 2003 CITY OF OCOEE NOTICE OF PUBLIC HEANN0 6[OARDINO APP CAN�CABOIE UEST F011 VARIANCE IC AMEY CASE NUMBER:V1.03-004 NOTICE IS HEREBY GIIVEN.Niool the Board l AdAdiustment ofI the e aIyl Wcol p.a..rhas ci sm•em•ea rOs erns a Pen'trio ape Ter a at a.variants acicor °to m in roenlar Carole B n 1-9 0 me o 0.4.l3according opmeumo e. owed fe0.lo and lealu m the Clprovisions y olsMon Land Oepel: Cede Galion Requested-rooting sscreening applicant n exlsiinsr men po o°le feet frroom le. eanorth o the minimum sod eside el WQefor Single Familyelaware lResloenl a rather lh nd n the required 75(R-5'AAI zoning Ida- trict. . APPLIcthth OASE NUlAOEROVRm.oa „I i1J _ ' � 1 FF i , Is ,. LiI \ Ili ',, -- II: I� r I '" 1pB �:�p r[VI 11 L I \ It_s Is ----EPth • The Ocoee odofAdsteiereondaioonuevnni5, 0S upon eBar iumncmmeton Tuesday,raise 20 o1om.or as awn merealler as possible.Bolt,meennge will be held In the Commission Fisso n Chambers of the Cur Holt.I50 North Lakeshore Drive. Othee. 1. 'This property Is Iurlher identified os follows'. AParcel Identilical,on.ddress:401 S louth Olulo d TB-EIJFOJDSJ Owner:Carole K.Amer Legol LOT 5 ELK 4IINn SEC 01911 OF 191.NNEII/1 OR 0 9W 6P 519A ON 02.O&OF.1 N ST wD This police Is given pursuant l°ArlICle IV,5u0¢ection 41.9 0.III.page maya appearp the Cily of Othee Lend l the cited meelings°d be heard nwNt ndrespect loe. sthe propose variance.A copy of the°pphcalton and the CiLY of Ocoee Stall Report may. b esam ned al the eommanlro Developelem Dep°nmenl IoColed In the 5L0 p• alm:Monday through Frress rd above.iidayy or PhoneTerrrye how's Jogles. Principal Planner al 407.905-1100.0leml°n Iola for lunner befalls: The Boar hearings l coa llier doles and the i as Commission cessary.IAny imesll publicd • of• h lieseo°mentinued publ`c the rings shall ebe announced/lu Con iine h and Mai no lunner naNCes regarding these mailers will be pub. lsheei9 at • ore bbliiclnmringswll Person eed u who of me proceeding:any for thisnvw� need le ensure Dial o verbatim record of the proceedings Is mode pose which Includes the leslimony and evidence upon which the appeal Is based. Persons with disebilniet needing ossisiame to participate In any nl these procemeengs ting al oO should contoci he City Clerk's OILCe JO hours In advance of thengs Jean Oration,City Clerk OLS5111116 _ -- " - IDP'VJ