HomeMy WebLinkAboutItem 07 Request for Variance – Sakala Property/Ladybird Academy, 2060 West Road; Project No: VR-19-04 ocoee
florida
AGENDA ITEM COVER SHEET
Meeting Date: October 15, 2019
Item #:
Reviewed By:
Contact Name: Kiel Gajadhar / Department Director: hael Ru. er
Contact Number: 407-905-3100 e . 1016 City Manager: Robert F;:,
Subject: Ladybird Academy
Variance Application #VR-19-04
2060 West Rd. Ocoee, FL 34761
Commission District#1 — Larry Brinson, Sr.
Background Summary:
The applicant, Derek Sakala, is requesting approval for a maximum wall sign height variance from 3.5 feet to
5.2 feet for a wall sign intended to be placed above the entryway of the Ladybird Academy.
The subject property is a Planned Unit Development (PUD) intended for Community Commercial (C-2) zoning
usage and is located at 2060 West Road. The building on the property is approximately 13,361 square feet in
size. Its Orange County Parcel Identification Number (PIN) is 06-22-28-0000-00-085.
The proposed sign in discussion is located 200 feet to the south of West Road. The applicant was also recently
approved for a monument sign with a copy area of up to 36 square feet on each side.
According to Article IV, Section 4-9A of the Ocoee Land Development Code (LDC), the variance
application/applicant must demonstrate:
(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.
No special conditions and circumstances exist, which are peculiar to the land
or existing structure as indicated on the aerial and location map attached.
(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.
The applicant is subject to the same signage design standards as other properties with similar conditions
under the existing zoning designation and Land Developmental Code (LDC). The applicant can construct a
wall sign on the front entrance of the property's primary building while still meeting the maximum allowed sign
height of 3.5 feet for buildings up to 25,000 square feet in size.
(3) That the special conditions and circumstances do not result from the actions of the applicant.
1
The subject property is bound by a larger right-of-way than similar surrounding properties, creating a special
circumstance. The right-of-way is approximately 100 feet to the south of West Road and north of the property.
In addition, the approved monument sign is required to be placed 10 feet away from any right-of-way as per
Ocoee Land Development Code(LDC)Article VI, Section 6-14, Subsection C5. Therefore, the monument sign
is required to be placed at least 110 feet from West Road.
(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.
The surrounding properties are zoned for commercial use and are governed by the same maximum sign
height and size based on its buildings square footage, as per Ocoee Land Development Code (LDC) Article
VI, Section 6-14, Subsection C5. Granting a variance to the applicant will allow for other properties to apply
for relief of the required signage design standards. The granting of this variance will confer special privileges
to the applicant that are not currently granted to other lands, structures, or required subdivision improvements
under similar conditions as shown on the zoning map attached.
As indicated on the sketch/drawings, the proposed wall sign is 1.7 feet above the allowed maximum height for a
commercial building up to 25,000 square feet in size. This requirement is specified in the Ocoee LDC Article VI,
Section 6-14, Subsection C5, and states that a commercial building up to 25,000 square feet must have a
maximum sign area of 75 square feet and a maximum height of 3.5 square feet. Furthermore, the applicant does
not satisfy the four criteria contained in Article IV, Section 4-9A of the LDC.
Issue:
Should the Honorable Mayor and City Commission approve a variance request by the applicant to increase the
maximum allowed wall sign height from 3.5 feet to 5.2 feet?
Planning and Zoning Committee Recommendation:
The proposed variance request by Derek Sakala was reviewed at a public hearing by the Planning and Zoning
Commission on September 10, 2019. The Planning and Zoning Commission voted unanimously to recommend
approval of the variance request.
Recommendations:
Based on the recommendation of the Planning and Zoning Committee and the evidence provided in the staff
report, staff does find the variance requested by Derek Sakala supportable. Should the City Commission make a
finding consistent to staffs, staff recommends that any approval be conditioned on factual interpretation of code
requirement and public testimony related to such provisions.
Attachments:
Location Map
Aerial Map
Proposed Wall Sign Layout
Financial Impact:
None
Type of Item: (please mark with an 'x')
® Public Hearing For Clerk's Dept Use:
❑ Ordinance First Reading ❑ Consent Agenda
❑ Ordinance Second Reading IA Public Hearing
❑ Resolution ❑ Regular Agenda
2
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1905086 APPROVED BY; DATE:
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Longwood,FL. 32750 Si mmt:.s 2060 West Road X
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REVISION GATE OEBCRIr'TION NOTBER AVEANU NOT OR COPIED EOR ANYONE.. TO ANYONE.
NOT TO BE REPRODUCED BV Thank You.
COPY OF ADVERTISEMENT
Date Published and Media Name
f4B The West Orange Times Thursday.Ober 3,2019
Advertisement or Article
FIRST INSERTION
CITY OF OCOEE
NOTICE OF PUBLIC HEARING
REQUEST FOR VARIANCE
APPLICANT:DEREK SAKALA
CASE NUMBER VR-19-04
NOTICE IS HEREBY GIVEN,that the OCOEE CITY COMMISSION will hold a
PUBLIC HEARING on TUESDAY,OCTOBER 15,2019 at 6:15 P.M.or as soon
thereafter as possible,at the Ocoee City Commission Chambers,150 N Lakeshore
Drive,Ocoee,Florida,in order to consider the petition of Derek Sakala for a vari-
ance according to the provisions of Article IV,Subsection 4-9 of the City of Ocoee
Land Development Code.The parcel is located at 2060 West Road,and is identified
as parcel number 06-22-28-0000-00-085.The applicant is requesting a maximum
wall sign height variance from 3.5 feet to 5.3 feet for a wall sign intended to be
placed above the entryway of the Ladybird Academy.
Interested parties may appear at the cited meeting and be heard with respect
to the proposed variance.This notice is given pursuant to Article IV,Subsection
4-9 B.(i),and page 180.4.43 of the City of Ocoee Land Development Code. A
copy of the application and the City of Ocoee Staff Report may be examined at
the Planning Department located in City Hall at the address indicated above,
between the hours of 8:00 a.m.and 5:00 p.m.,Monday-Friday,except legal hol-
idays.The City Commission may continue the public hearing to other dates and
times,as they deem necessary. Any interested party shall be advised that the
dates,times,and places of continuation of these or continued public hearings
shall be announced during the hearing and that no further notices regarding
these matters will be published.You are advised that any person who desires to
appeal any decision made at the public hearings will need a record of the pro-
ceedings and for this purpose may need to ensure that a verbatim record of the
proceedings is made which includes the testimony and evidence upon which the
appeal is based.Persons with disabilities needing assistance to participate in any
of these proceedings should contact the City Clerk's Office 48 hours in advance
of the meeting at 407-905-3105.
October 3,2019 19-04683W