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HomeMy WebLinkAboutItem 15 Variance Request for Barenburg at 125 S. Lakeshore Drive (VR-22-03)Ocoee florldo AGENDA ITEM COVER SHEET Meeting Date: July 19, 2022 Item #: ly Reviewed By: Contact Name: Anoch Whitfield, Zoning Manag Department Director: Contact Number: 407-554-7079 City Manager: Subject: Barenburg Variance Request Variance Application # VR-22-03 125 S. Lakeshore Drive Commission District # 2 — Rosemary Wilsen Michael Rumer Robe ark Background Summary: The applicant, David Barenburg, is requesting approval of one (1) variance from Section 514A and corresponding Table 5-2 as follows: 1) Reduction of the minimum front building setback from 30 feet to 15 feet to accommodate a detached garage for a single-family home that has three (3) lot fronts and a side yard but no rear yard. The subject property is located at 125 S. Lakeshore Drive and is zoned R-1AAA Single -Family Dwelling. Per Table 5-2 of the Land Development Code (LDC), the minimum zoning regulations for development within the R- 1AAA zoning district are as follows: Lot Size Front Setback Side Setback Rear Setback Lot Width Max Building Covera a Maximum Impervious Max Building Height Minimum Livinq Area 10,000 SF 30 FT 7.5 FT 35 FT 85 FT 35% 50% 35 FT 1,600 SF The subject property is a corner lot with roadway right-of-way frontage along three (3) sides. Per Section 5-4.G, Article V, LDC, "on any corner lot, the applicable front yard setback shall apply to both street frontages." Consequently, the northeast property line (which faces S. Lakeshore Drive) and the south and southeast property lines (which face Lafayette Street) are all considered a front yard and, as such, are subject to the required front yard setback of 30 feet, as per LDC Section 5-14A and corresponding Table 5-2. The existing home, at its furthest southern point, is 27.1 feet from the south property line; however, due to the triangular shape of the property, the proposed garage is approximately fifteen (15) feet from the front (south) property line facing Lafayette Street. According to Chapter 4-9 A., the variance application/applicant must demonstrate: (1) Special conditions and circumstances exist that are peculiar to the land, structures, or required subdivision improvements involved and are not applicable to other lands, structures, or required subdivision improvements. Staff Analysis: Approximately 180-SF of the 540-SF garage would encroach into the front setback facing Lafayette Street. The garage is designed to utilize an existing driveway cut located at the bend of Lafayette Street. (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. Applicant Response: The applicant states that the literal interpretation would deny him the ability to install the garage, which will allow him to store a vehicle, lawn equipment, supplies, and workshop space for chores, something most other neighbors enjoy. Staff Analysis: Staff concurs with the applicant. (3) That the special conditions and circumstances do not result from the actions of the applicant. Applicant Response: There are no special conditions or circumstances resulting from the current property owner/applicant as the home, with its original footprint and setbacks, was permitted and constructed in 1958 without a garage. Staff Analysis: Staff concurs with the applicant. (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. Applicant Response: The granting of this variance will not convey additional or special privileges to this applicant/property owner. It will only convey commonly enjoyed rights and uses as performed and used by most neighbors and properties within the same property type, size, and space. Staff Analysis: Staff concurs that the granting of this variance does not confer special privileges to the applicant that is denied by these regulations to other lands under similar conditions. Issue: Should the Honorable Mayor and City Commission approve one (1) variance as follows: 1) Reduction of the minimum front yard building setback from 30 feet to 15 feet to accommodate a detached garage for a single-family home that has three (3) lot fronts and a side yard but no rear yard? Planning and Zoning Commission Recommendation: The Planning and Zoning Commission (P&Z) reviewed and discussed the proposed variance. No citizens spoke for or against the request. The PZC requested clarification on whether the variance would apply to the entire lot frontage along Lafayette Street or just along the portion adjacent to the proposed garage and whether residential lots are limited to a single driveway. Staff clarified that the variance would be applicable to the portion adjacent to the garage and that residential lots are not limited to a single driveway per lot. The PZC voted unanimously to recommend approval of the variance request. Staff Recommendations: Based on the findings stated above and the requirements of Article IV, Section 4-9, staff recommends that the City Commission approves the variance request to reduce the minimum front building setback from thirty (30) feet to fifteen (15) feet for the property located at 125 S. Lakeshore Drive, assigned parcel ID number 17-22-28-5504- 06-110, to allow construction of a detached garage for an existing single-family home. Attachments: Location Map Aerial Map Zoning Map Survey 2 Financial Impact: None Type of Item: (please mark with an 'Y) © Public Hearinq ❑ Ordinance First Readinq ❑ Ordinance Second Readinq ❑ Resolution ❑x Commission Approval ❑ Discussion & Direction For Clerk's Dept Use: ❑ Consent Aqenda g Public Hearinq ❑ Reqular Aqenda ❑ 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 Barenburg Variance - 125 S. Lakeshore Drive Location Map LAKE STARKE E Mckey Street N Magnolia Street C0 m O Cu Lafayette Street � I& N Barenburg Variance - 125 S. Lakeshore Drive Aerial Map Efl :!. , =W. ..*AIIIIIIIPIPV: -' '.. Viff.r 111111; , ' y "''''. -- __. Stre . .^ '' _�¢key e t i pen ,r41 , . . .• • ._........ �g L . . . .. • Wit, • PP[['' ' ice, `. - L," iF ,, - - or q. ___ . ..,.. i, ,. • 41\ , ' F .. Y 4 fF I �� , 11 k Ile -3,1 I t. M M 114 t rf 4 r llt---, • a_ : \ `4O •,, • ��p • f �s s .6...,. Lafayettet r..... :,: 1, .,.., 1 1.1',,i' ..,. •:::',...)16: • ....,:c=''''' 21" ' , . : .'- , _.10, ; .. it bI \4111111011"14. • - ' r • K , •• , 1 ,. -'. '., 4 V 1 / . ;.1.O.4 .., fp,/ s. ,. . • t.. ' • r , ` �I � 1 r 0 ,t,., I " 0 50 100 200 II I. IIrf11P. ' -- — --— Feet h •. Barenburg Variance - 125 S. Lakeshore Drive Surrounding Zoning Map 0 eit%, A O(-OPP Vo,00 illiMM---- \ :\.1 - — — 0 Development Services N"i. Department p Q 0 70 140 280 L MINFeet CD co LAKE STARKE Created: May 2022 E Mckey Street o, DSubject Property �Otil Zoning Classification: I O,.‘ General Agricultural (A-1) o Magnolia Street Suburban (A-2) O %., Single-Family Dwelling (R-1AAA) I Ell 1.. Single-Family Dwelling (R-1AA) Y Single-Family Dwelling (R-1A) J11111111146 Single-Family Dwelling (R-1) Z One- &Two-Family Dwelling (R-2) — Lafayette Street IIIIII Multiple-Family Dwelling (R-3) NW Mobile Home Subdivision (RT-1) _ IIIII Professional Offices & Services (P-S) Neighborhood Shopping (C-1) . = Community Commercial (C-2) — =General Commercial (C-3) Restricted Manufacturing &Warehousing (I-1) - IIM General Industrial (1-2) Commercial (PUD) - Mg Low Density (PUD) - • • - Egg Medium Density (PUD) SE High Density (PUD) MilliiINIMMOIIIIMI Public Use(PUD) %/ Unclassified P C.1°olnd°n �, Lol 14,dock F End YJ Rolar �C �. L e S�ore_ r• (No Idonerootbn) �B. ` I ,/ 7 9,9 s7. \ 00•BAy, Vox',a°6J�?yci . ,J d���oQCev��ltifl� VGIf i QrC e (No idlmB:kstlm) '\ LL�1// s. a• co .At...... sus `... \ Amy$st-P IP Lot 13 A l6`�N, % �° \♦ '�L L Block"F" gh �6 � d� 0 N �" `pA 11. '.a`,,,'„7,. 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EllaNant=IS-036G9 AAa9••w..do.e..:ratw....m.a_w.o-.r+n.m.,.•.A wa+.... r..w..w.rOrowroamUr.... n .s:aoo.�wh O�Ws sol.1..r.l.wm.r. r...r°"" Leg4 .N-t=m.- .�,.P� —..' 0...... .0 ,o r,..,, Legal Description Cc aa°""x n..do.,. w mow:• y M"". •. -^ LOT II AND 12.BLOCK F,MARION PARK.ACCORDING TO THE PLAT THEREOF,AS . p a....naa q �e.n.t�� ��o..,..ly'u..P�,..ru�`•"+..,..u..i...•....w�,....�....°n.ns 1� RECORDED IN PLAT B00%l.PAGE 48.OF THE PUBLIC RECORDS OF ORANGE COUNTY �� ;�i� ter""^^"' PAR Poo.syw�p ..� • • o-.ouc, H Pa.,. .wwiw,.....°.M.......... I• 'OR FLORIDA. r o.w.QG.o Pak Aorn.ro ROOM. w.0,."v.+r..n.................AA w....n.,.r..... "5 _._•a .... . • ,..•ra .Fr. E.n &N.".. N....+ .w.wn tar....,1..w1 ..n..++.•o..ow..mow.*La PatActK lnaata -r. 5E07 LB7 e �,t yitAj� -, FE NA Fa,.t....o..y PT P+<d arrga, ..w.n,,,,,n n,...u.an».n•waw w..no.,,....r ETA, ..• "dtr'.'P _ 1,.4"+.i'= 0. R.a. �M' G[Y4D N6tva/YR•. FEE IIW.OM6...a°r Paa fbY Fonn°.worm. Ireland .iy Associates �Tq�p� Inc .. Gool ..•.lfNm^ µ'.N.°,:Iat�.A-f�K.P42NO�S,F CZt•CSAN•AAAN =Y`5.FAPIF.•CAD i/rYi I 'Y,� • i PAPP. RAC Tam I IC*M.l21 A. ~�-♦.c.i .r•^n^' "'+"'�VYt es 11(IIV I II W. ..-� �.K p.HAnwRS L .._._ 0 WEST ORANGE Serial Number ' m es 22-02413 W West Orange Times Published Weekly Winter Garden , Orange County, Florida COUNTY OF ORANGE STATE OF FLORIDA Before the undersigned authority personally appeared Lindsey Padgett who on oath says that he/she is Publisher's Representative of the West Orange Times a weekly newspaper published at Winter Garden , Orange County, Florida; that the attached copy of advertisement, being a Notice of Public Hearing in the matter of Public Hearing on July 19, 2022 125 S Lakeshore Dr Variance in the Court, was published in said newspaper by print in the issues of 7/7/2022 Affiant further says that the West Orange Times complies with all legal requirements for publication in chapter 50, Florida Statutes. *This Notice was placed on the newspaper's website and floridapublicnotices.com on the same day the notice appeared in the newspaper. Lindsey Padgcjt1 Sworn to and subscribed, and personally appeared by physical presence before me, 7th day of July, 2022 A.D. by Lindsey Padgett who ' er onally known to me. Notary Public, State of Florida (SEAL) P k Kimberly S. Martin COMMISSION # GG232793 EXPIRES: Jelly 25, 2022 '�"IllRal,-Fo,0_41 Bonded Th ro Aaron Notary CATY OF OCOEE NOTICE.OF PUBLIC HEARING 125 S. LAKESHORE DRIVE - EARENBURG VARIANCE VARIANCE REQUEST CASE NUMBER: VR-22-03 NOTICE IS HEREBY GIVEN, that the OCOEE CITY COMMISSION will, hold a PUBLIC HEARING on TUESDAY, JULY 19, 2022, at 6:15 P.M. or as soon thereafter as possible, at. the Ocoee City Commission Chatnbets, 150 North Lake- shore Drive, Ocoee,, Florida, in order to consider the petition of David Baienburg for a variance according to the provisluns of Article 1V, Subsection 4-9 of the City of Ocoee Land Development Code, Action Requested: The parcel is located at 125 S. Lakeshore Drive, llie Onmge County. Property Appraiser Parcel Identification Number (PIN) is 17-22.23-5504- 0ti-no. The applicant is requeming a Variance tolitlik5-2 ak established by Section 5-14 to allow a detached garage within a front byllding setbaek on alotvvith roadway frontage along three (3)property litres. Interested parties may appear at the public bearing and be heard %ith respect to the proposed action. The complete case file maybe inspected at the Ocoee Develop- ment Services Department, mo North Lakeshore Drive, Ocoee, plprida, between thchonrsofA:00o.m,ands;pop.rn.,NlondnythrnughF,rid'ay,exce tlegalh'olidays. The City Commission may continue the. public heating to other dates and times, as it deems necessary. Any interested party shall be advised that the dates, times, and places of any continuation of these or conthmed public hearings slid be an- nounced during the hearings and that no further nopces regarding these matters wlll,bc published. You are advhaed that any person w}fo dashes to appeal any deci- si6n made duringthe publlchenringawlllheed it record of the proceedings arid, for this ,purpose, may need to ensilre that averbatim mcordafthe proceedings is made, which.includes the testimony and evidence upon which the appeal is; based. Parsons with disabilities needing assistance to participate in any ofthe proceedings should contautthe City Clerk's Office 48 hours in advance of the meeting at ("7) 905-3105, July 7, 2022 22-02413W