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Home My WebLink AboutItem 10 Request for Variance – Rullo Property, 622 Roberts Rise Drive, Project No: VR-20-01 ocoee florida AGENDA ITEM COVER SHEET Meeting Date: December 1, 2020 Item #: /0 Reviewed By: Contact Name: Kiel Gajadhar, Zoning Manageriol Department Director: Michael , Contact Number: 407-554-7079 City Manager: Robert l . if Subject: Rullo Variance Variance Application #VR-20-02 622 Roberts Rise Dr. Commission District#2 — Rosemary Wilsen Background Summary: The applicant, Roger Rullo, is requesting approval of a variance to install a six (6)foot high privacy fence up to the front property line, versus the required setback of 25 feet. The City of Ocoee Land Development Code (LDC) requirements for residential fencing, Article V, Chapter 5-4 Section I, allows fences greater than four(4) feet but no greater than six (6) feet high, to be placed a minimum 25 feet from the front yard property line. The Roberts Rise subdivision was recently awarded funds from the City of Ocoee Neighborhood Matching Grants Program, formerly known as the Most Valuable Partnership Awards (MVP). The funds were awarded to erect a solid fence within the City's right-of-way to reduce foot and vehicular traffic from gaining access to the neighborhood. Approval of this variance request would allow a six (6) foot fence to connect directly to the fence proposed in the right-of-way. The subject property is Lot nine (9) of the Roberts Rise Subdivision, a development within the City of Ocoee comprising of 26 single-family homes. Its Orange County Parcel Identification Number (PIN) is 17-22-28-7501-00-090. 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. 1 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). (3) That the special conditions and circumstances do not result from the actions of the applicant. As a planned neighborhood consisting of 26 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 allow the construction of a six (6) foot high privacy fence in lieu of the allowed four (4) foot fence in the front yard at 622 Roberts Rise Dr.? Planning and Zoning Commission Recommendation: The Planning and Zoning Commission (P&Z) reviewed the proposed variance requested by Roger Rullo on November 10, 2020. After a brief discussion on the topic, a motion by member Lomneck was made to recommend approval of the variance. The motion included a condition that if the six (6)foot high fence in the front yard required removal within the first five (5) years, then the City would pay for the removal. After that five-year period the cost of the removal is the applicant's responsibility, which will require a valid reason for removal and approved by the City Commission. The Planning and Zoning Commission then voted unanimously to recommend approval of this motion with the conditions. Staff Recommendations: Based on the findings stated above and the requirements of Ocoee LDC, Article V, Chapter 5-4, Section I, the staff is unable to support the variance request. 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 make a finding consistent to staff. Attachments: Location Map Aerial Map Site Survey Financial Impact: None 2 Type of Item: (please mark with an `k') Z Public Hearing For Clerk's Dept Use: ❑ Ordinance First Reading ❑ Consent Agenda ❑ Ordinance Second Reading Public Hearing ❑ Resolution 0 Regular Agenda ® Commission Approval O 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 A Boundary Surrey for Roger T. &` El i zabe th R. 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Date Published and Media Name 2B The West Orange Times Thursday.November lq.2020 Advertisement or Article FIRST INSERTION CITY OF OCOEE NOTICE OF PUBLIC OARING RESIMISTFORVARIANCE APPLICAST:OPF401" CASE NOIABEdItylt.726.:62 NOTICE IS HEREBY GWEN,that the OCOEE CITY COMMISSiON will hold • a PUBLIC jHEARING on TUFSD,Ali,DECEMBER 1,2020,it,6:16,1tMt or as soon thereafter as possible,at the Ocoee City Commission Chambers, 6Q North Lakeshore Drive,Ocoee,Florida,in order to consider the petition of Roger Rullo for a variance according to the provisions of Article Substation 4-9 Odle City of Ocoee Land Development Code.Action Requested:;The parcel is located.at 622 Roberts Rise Drive.The Orange Coin*Property Apprairier Identification Number(PIN)is -22,•28,,76011:10-090. The applicant is reqUestinga variance to'alien,the construction of a six(6)foot high privacy fence in lieu of the allowed four(4)foot feneeIri the front Yard:: Interested Parties may appear at the meeting and be respect to the proposed actions;however,attendance inside the Ocoee Commission Chambers maybe limited to acciimmodi social distancing and is 84.10404-Inge based on the4Wks;Eiceci f e,OrdjetiTeltiiigia broadcasted live on Spec- train PtanneliaPilli-k live aviregetrIcriVI97/Oe.b6gTy,Any interesterkWiYinvitertykiffeTileWeittr dattn711.1ie hear- ing bi:einailink'orierinastreorg or,calling.:42766.i-iiltii or by in adifiiiie**liar kipeloagelferier wipi407-90e411000 City staff 4111, y.nti %live ilfelattiTAcomplete calefile,including a com- plete legatdescriPtirinbimieteFwhonnditiiie`yAilamtned w9-n.request by phone or t4.effile:iiinitif4,0617 or niriv ra®ocoee.org.The City ekorn':111` may conthilie this public hearing to other**and times,as interestedit,deemi%,-ilecd.3444AAW , Paity shall be • advised of the 404,eiiiii;TO'cigiO1Wra0,, fitliioittiorof4r,e1a or continued public hearings shall be initUtitialltrrik the hearing and no further notices regarding these matters will beVOltshe ,Teir are thlt egrieeterm who desires to appealany deeliion ritaditililhe public hearings will need a record of the proceedings and ter:dila purpose ensure that n'yerbatim • record of the proceedings liMtclecildekinclitdei the testimony and upon which the appeal is haled. Pao:*with disabilities needing eeiiitance to participate In any of these proceedings should contact the City Clerk's Office 48 hours in-*erica of the meeting at 407-064105. November 19,2620 20-04649W •