HomeMy WebLinkAboutItem 07 Request for Variance – Cortes Property, 717 Misty Maple Street, Project No: VR-19-07Q REV I 01010MM
Meeting Date: March 3, 2020
Item #:
Reviewed By:
Contact Name: Kiel Gajadhar, Zoning Manager Department Director: Michael P,4m5r
Contact Number: 407-554-7079 City Manager: Robert
Background Summary:
The applicant, William Cortes -Colon, is requesting approval of a variance in order to install a six (6) foot
high privacy fence with a seventeen (17) feet side street setback, versus the required twenty (20) foot
side street setback. The City of Ocoee Land Development Code (LDC) requirements for residential
fencing, Ocoee LDC Article V, Chapter 5-4, Section I, only allows fences greater than four (4) feet but
no greater than six (6) feet high, to be placed a minimum of fifteen (15) feet from the property line in the
front side yard of corner lots. This requirement is contingent upon the adjacent lot being located rear -to -
rear with the corner lot. If the adjacent lot is rear -to -side, then the front yard setback is also required on
both frontages, which is twenty (20) feet for the subject property.
The subject property is Lot 61 of the Forest Lake Estates Subdivision, a Planned Unit Development
(PUD) within the City of Ocoee comprising of 278 single family homes. The Orange County Parcel
Identification Number (PIN) is 05-22-28-2854-00-610.
According to Chapter 4-9 A., 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 regulations and rights as other properties with similar conditions
under the existing zoning designation and Land Developmental Code (LDC). The applicant can
construct a 6 -foot high privacy fence on the side front yard of the property while still meeting the 20 -
foot minimum privacy fence setback for corner lot homes that are rear to side with the neighboring
lot.
(3) That the special conditions and circumstances do not result from the actions of the applicant.
As a planned neighborhood consisting of 278 single family homes, all special conditions and
circumstances were resolved prior to the city granting final site approval. There are no special
conditions and/or circumstances pertaining to the property.
(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.
Granting a variance to the applicant will allow for other properties to apply for relief of the required
setback for privacy fences. 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 location and aerial maps.
Issue:
Should the Honorable Mayor and City Commission approve a variance to the street setback for a privacy
fence from 20 feet to 17 feet at 717 Misty Maple St.?
Planning and Zoning Commission Recommendation:
The Planning and Zoning Commission (P&Z) reviewed the proposed variance requested by Williams
Cortes -Colon on February 11, 2020. After Chairmen Keller read the Ocoee LDC requirements for
demonstrating the need for a variance, a motion was made to recommend denial of the request. Without
further discussion, the Commission voted 3-2 to recommend denial of the variance request.
Staff Recommendations:
Based on the findings stated above, staff does not find the variance requested by the applicant as
supportable. Staff recommends that any decision be conditioned on factual interpretation of code
requirements and public testimony related to such provisions, should the Honorable Mayor and City
Commission recommend making a finding consistent to staff.
Attachments:
Location Map
Aerial Map
Site Survey
Proposed Long Jump Pit
Financial Impact:
2
None
Type of Item: (please marts with an `Y)
® Public Hearing
For Cleric's Dept Use:
❑ Ordinance First Reading
❑ Consent Agenda
❑ Ordinance Second Reading
& Public Hearing
❑ Resolution
❑ Regular Agenda
❑ Commission Approval
❑ Discussion & Direction
❑ Original Document/Contract Attached for Execution by City Clerk
❑ Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by
3
Cortes Variance - 717 Misty Maple St.
Aerial Map
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142'- 160' RUNWAY
130'— 14T6
(PREFERRED) e'
42"
to
RUNWAY
TAKEOFF
BOARD
(S" RECOMMENDED
24" MAXIMUM WIDTH)
15' MINIMUM
LONG JUMP
LANDING AREA.
LONG JUMP AND TRIPLE JUMP — The declination in the approach shall be limited to 2:100 (20o)
laterally and 1:1,000 (0.1 %) downward in the jumping direction.
The runway should have a minimum length of 130 feet, and where conditions permit it should be
147 feet, 6 inches measured from the long -jump foul line. The runway should be 42 inches to 48
inches wide.
Equipment shall meet the following standards. The takeoff area shall be marked by a rectangular
shaped takeoff board, manufactured from wood or synthetic material which provides a firm base. the
width of which shall be between 8 inches (recommended) and 24 inches (maximum) and 42 inches
to 48 inches long. The takeoff board shall be set firmly in the ground level with the runway and the
surface of the landing pit. If the takeoff board is 8 inches wide, an additional 8 inches of firm, resilient
material may be placed so that it abuts against the edge of the takeoff board farthest from the foul line.
On hard surfaced runways, a painted scratch line of a contrasting color and with the same size
specifications may be used in lieu of a takeoff board.
The landing pit shall be filled with sand or other soft material to a depth at least 12 inches (30
centimeters). The surface shall have the same elevation as that of the take -off board. The landing pit
shall have a minimum width of 9 feet (2.75 meters). In the long
board and the nearer edge of the landing area shall be at least 3 feet t1 meter) and not mbetween the takeoff
than 10
feet (3 meters). The distance between the foul line and the farther edge of the landing areaore shall be at
least 32 feet (10 meters). In the triple jump, the nearer edge of the landing area shall be at least 36 (11
meters) from the foul line for men and 27.89 feet (8.5 meters) for women. Distances of 32 feet (10
meters) and 26 feet (8 meters), respectively, are recommended.
NOTE: Distances from the foul line or takeoff board may be adjusted to accommodate different levels ofcom-
petition. Competitors may change which foul line or takeoff board they are using during competition, but only
with the prior notification and confirmation of the event judge.
POLE VAULT— The declination in the approach shall be limited to 2:100 (2%) laterally and 1:1,000
(0.1 %) downward in the running direction in the jumping direction.
LANDING SYSTEM — The standards or uprights shall be set to position the crossbar from a point
18 inches (45.7 centimeters) beyond the vertical plane of the top of the stopboard, zero (0Point, u
a maximum distance of 31.5 inches (80 centimeters) in the direction of the landing surface. p to
RUNWAY — A mark or marker shall not be placed on the runway, but it is permissible to place mark-
ers at the side of, he runway. Meet managernent may
provide
inches
long, on the runway. Starting at the back of the plantiing box Cmark ntervalsoin he fo lowingmore thanemanner:
6', 7', 8', 9', 10% 11', 12', 13', 20', 30', 40', 50', 60', 70', 80', 90', 100', 110', 120'.
COPY OF ADVERTISEMENT
Date Published and Media Name
Thursday. February 20, 2020 The West Orange Times 38
Advertisement or Article
FIRST INSERTION
CITY OF OCOEE
NOTICE OF PUBLIC HEARING
REQUESTFOR VARIANCE
APPLICANT: WII.LIAM CORTES-COLON
CASE NUMBER: VR -19-07
NOTICE IS HEREBY GIVEN, that the OCOEE CITY COMMISSION will hold
a PUBLIC HEARING on TUESDAY, MARCH 3, 2020, 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 William Cortes -Colon for
a variance according to the provisions of Article IV, Subsection 4-9 of the City of
Ocoee Land Development Code. The parcel is located at 717 Misty Maple Street. The
Orange County Property Appraiser Identification Number (PIN) is 05-22-28-2854-
00-610. The applicant is requesting a side yard setback variance from twenty (20)
feet to seventeen (17) feet for the construction of a six (6) foot high privacy fence.
Interested parties may appear at the cited meeting and be heard with respect
to the proposed variance. This notice is given pursuant to Article 1V, 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 am. 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 bearings 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 tbesc proceedings should contact the City Clerk's Office 48 hours in advance
of the meeting at 407-905-3105.
February20, 2020 20-00929W