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Home My WebLink AboutItem #09 Variance Application #VR-07-004 - Glenn Myers center of Good Li ~~e ... . ...."~~ ~ AGENDA ITEM STAFF REPORT Meeting Date: August 7,2007 Item # q ~--- Contact Name: Contact Number: 1111<. Michael Rumer 407 -905-3100/1018 Reviewed By: Department Director: City Manager: $ubject: GlennNlyers Variance Application # VR-07-004 1005 Armada Ct. ISSUE: Should the Mayor & City Commissioners approve a variance request by Glenn Myers for a rear yard setback variance from 25 feet to 14 feet for a bathroom addition to an existing single-family dwelling in the R-1 zoning district? BACKGROUND: The property is located at 1005 Armada Ct. on the south side of the cull-de-sac in a Single Family Residential (R-1) zoning district. The existing residence, built in 1982, is a single family, one-story structure on a 0.17:t. acre lot. The applicant is requesting a 17'x16' bathroom addition be allowed to encroach 11 feet into the 25 foot rear yard setback. The bathroom is located immediately off the bedroom and will feature a large shower with a bench and a whirlpool bath tub. The applicant stated as part of the application that he is 100% totally and permanently disabled and needs a larger shower for mobility and his wife has severe osteo-arthritis, and was prescribed daily use of a whirlpool bath from her doctor. DISCUSSION: Staff FindinQs: The room addition is a component of the principal building according to Subsection 2-4(44) of the Land Development Code and must maintain the setbacks designated in Article 5, Section 5-14 of the land development code. The principal building, built in 1982, was setback 30 feet from the rear property line which leaves five feet for an addition. The principal building maintains an east side yard setback of 23.5 feet. The zoning district side yard setback is 7.5 feet. The applicant could position the addition on the east side of the property and still meet the 7.5 feet side yard setback. According to Subsection 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. There are no unique conditions that exist for this particular parcel. The parcel meets the minimum lot size for the zoning district. (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. As indicated above, the applicant is subject to the same regulations as other properties with similar conditions under the LOC. (3) That the special conditions and circumstances do not result from the actions of the applicant. The applicant resides in a subdivision with lots platted with the same lot area. The subdivision met all code requirements when it was platted, and there are no special conditions or circumstances. (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. A recommendation for approval would grant special privileges to this applicant that is otherwise denied to other land owners. BOARD OF ADJUSTMENT RECOMMENDATION: The proposed variance request by Glenn Myers for a rear yard setback variance from 25 feet to 14 feet for a bathroom addition was reviewed at a Public Hearing by the Board of Adjustment on July 19, 2007. The Board of Adjustment voted 3-0 to recommend approval of the variance request. The Board of Adjustment based the approval on the documents and testimony presented in regard to the applicants existing health condition. STAFF RECOMENDATIONS: Based on the findings stated above, staff does not believe the variance requested by Glenn Myers is supportable since the bathroom addition could be built on the east side of the house and meet all setback requirements. Should the City Commission deny the variance request, staff recommends that the Mayor and City Commission make a finding under Subsection 4-9 B. (2) and (3), that: . The reasons set forth in the application do not justify granting a variance; . the denial of the variance will still allow for the reasonable use of the land and building; and . the granting of the variance will not be in harmony with the general purpose and intent of these regulations. Should the City Commission make a finding contrary to staff's interpretation of the code, staff recommends that any approval be conditioned on factual interpretation of code requirements and public testimony related to such provisions. Attachments: Location Map Surrounding Zoning Map Site Plan Letter from Applicant Building Elevation of Addition Floor Plan Social Security Award Certificate Letter from Dr. Juan Suarez Letter from Dr. Katherine Welty Pictures 2 Financial Impact: Building Permit Fees Increased Taxes Due to Value Type of Item: ~ Public Hearing o Ordinance First Reading o Ordinance First Reading o Resolution ~ Commission Approval o Discussion & Direction For Clerk's DeDi Use: o Consent Agenda o Public Hearing o Regular Agenda o Original Document/Contract Attached for Execution by City Clerk o Original Document/Contract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Dept. Reviewed by ( ) 3 D N/A D N/A D N/A Glenn Myers (1005 Armada Ct.) Variance Location Map ~ w co "7 w e::: => <( -..J N'ddLE \ \ ~ !-LU I T II/;C~ /'~ I-J J ~,,1AR~M~lDj - ~ 1- ~/ ULJ =X - I 11 11/\ , I .1\1 _ - I 'lIT I ~L. .1"'_ ----" ~ ~ ~ ~ -..J <( Q ~ ~ z: ~ ........ ?: ~ ~ "'7 - - L--.--- ~ - - - - ~ i--- ~ ~ ~ - ..... I 116 I III I I Ei J1:?~11 J A I ~/rx t- I e- ~, - ~'--- FI...~ 1- = - - 'J - LL - I--- I- IprF~rlF / ~ -,-/ I- y 1-1-- 1-1--- 1-1--- I-~ I-~ 'd' "'5 9 = f1fI2 1Ll.J J ..l-----. I--- I--- e- I--- i--- .-r'" I'=;; e- I^ I~ I":::::::: ~ ICAHO i--- I--- -,-/ I--- I--- e-l SAI~ I--- ~ ---- ~ e-v - ~ I LAKE MEADOVtJ LAKE MEADOVII Q Ocoee Community Development Department 1 inch equals 215.622124 feet 7537.5 0 75 150 225 Feet Printed: month year C Subject Property T7"7A Unincorporated Territory t:LL...I and Other Municipalties Zoning Classification: General Agricultural (A-1) Suburban (A-2) Single-Family Dwelling (R-1AAA) Single-Family Dwelling (R-1AA) Single-Family Dwelling (R-1A) Single-Family Dwelling (R-1) One- & Two-Family Dwelling (R-2) _ Multiple-Family Dwelling (R-3) /' // Unclassified Glenn Myers Variance Surrounding Zoning Map ;t.- I~ I f",~ DI _E: - ~ v . .. ----.. &.J r; - 10: - .~/ - !:!-d I - ~' j T I~ - I---' / - l ~ t7 R, ') - ... ;;;ii" - . .. ... F=C' ~- "I - - u.J - ~ - ~ - J.J . - R LI S~ ~ -I rVlA -----' !/ ~WYOM NG PLAT OF EO UNDARY SURVEY DESCRIPTION: (AS FURNISHED) LOT 34, JORDANA HILLS, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 10, PAGE 112, OF THE PUBliC RECORDS OF ORANGE COUNTY, FLORIDA NW CORNER or lOT 35 FDlIND 1/2- IRON ROO PC FOUND 3/4- IRON PIPE ~ ~~~~~ \i:J~J 2.8' S ok 0.1' W PI WAll( " DRIVE IS 1.Z' N " 2.4' E 28,13' NS9"30'25"E HE CORNER OF LOT 33 FOUND J/4~ IRON :...: ...... ~.. . _ _ _ _..,.....- ~I~ a: CAP F6884 . FOUND 3/." -[RON PIPE NBe-:SO'2S"E I ~g: ~:T,~EGlBLE) 70.00' J.1' S It 2.1' W I WAl' IS 0,8' orr I I I I I I LOT 34 LOT 33 ~ FOUND &/8" IRON ROD (~O NUMBER) PI WF' IS 0.4' S & 0.4' W u o LOT 24 LOT 25 ( \'1" , 1''1 .\~ LOT 26 ~~ ~~ 0 un OV] ag U> I '" 0 .. rOUND 1/2" lIlON ROD (NO NUMBER) PI Wf IS 0.1' 9 " 0..... E PI ct.r IS 1.6' N" D.,' W \ \ N89'30'25nE 96.76' AZIMTJTH SURvwr:~~~~lfJl'lf" INC. 'MillER G^ROEll, F1.0RI0.... 34787 (FIELD DATE:) 04/12/2DIfT REVISED: SCALE: 1" = 30 FEET APPROVED BY: TAD JOB NO. AZI08176 DRA~ BY: RO CERTIFICATE., I HEREBY DEft PERFORMED' SUPERVISION AND ntlS t>R sUR'JEY. lIllS lECHNICAL 61017-6 FlURSUA t :',~ J OENOtES OONCRm: CERTIFIED TO: GLENN L MYERS III DONNA L MYERS LEGEND: ~1J' ... 0EN01ES SET 1/2" 'RON ROD ~UL \!!l'f AND CAP lB 16987 (UNLESS NOlEO) ON r;'I DENma ONUuwr OFF ~ M C~ lo~ ~ ~~ C DENOTES PI D ~Trn re DENOTES PRe P DENOln PlAT ,pce N DENOTES MOl f'II(ED ) L UG Du.lmEB UMDf.ft GROUND R ~~ ~ P.0.6. DENtJI'ES amcK WF eLl' caw rn., UTlllTV POlE -() Gl.N' ANCHOR :$ UOHT POST 0"= 360" <t>,<J$' //~, <'l<>~~ ~~ ~ / " 0 ,,'.i>, & 0 .~~=~.~~~ ZIMUT ~~~.,~~. c~ o~~~ ~~"?J..~~ _.~. ~ f!J~ ~~ ~# .~ 180' ~ Copyright 1. BEARINGS SHOI\I<I HEREON ARE BASED ON ~E SOU'THERL Y RIGHT OF WAY UNE OF ARMAOA COURT BEING N89'30'25"E. PER PLAT. 2. I HAVE EXAMINED THE F.LR.M. COMMUNllY PANEL NUMBER 120185 0210 E, DATED 12/Il6/ZDOO AND FOUND lIlE SUBJECT PROPERTY APPEARS 10 LIE IN ZONE X, AREA OUTSIDE OF 100 YEAR flOOD. J. 'THE SURVEYOR HAS NOT ABSlRACTED 'THE LAND SHOI\I<I HEREON FOR EASEMEN1S, RIGHT OF WAY, RESlRlCTlONS OF RECORD YMICH MAY AFFECT 'THE TITlE OR USE OF ~E LAND. 4. NOT VALID Y.l1IlOUT lIlE SIGNATURE AND lIlE ORIGINAl RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. 5. NO UNDERGROUND IMPROVEMENTS HAVE BEEN LOCATED EXCEPT AS SHOI\I<I HEREON. / TO: Commissioners of the City ofOcoee, FL 34761 June 14,2007 FROM: Glenn L. and Donna 1. Myers 1005 Armada Ct. Ocoee, FL 34761 SUBJECT: Request for ZoningIBuilding Variance Dear City of Ocoee Commissioners, We are asking for this variance on our home (address above) on Lot 34, Jordana Hills, as recorded in Plat Book 10, page 112 of the records of Orange County, FL. I (Glenn) am a disabled veteran of20 years of service with the U.S. Air Force, having retired on June 1, 1975. Shortly thereafter, the Veteran's Administration awarded me 40% disability due to a service- connected kidney problem, which, in turn, led to high blood pressure, Type II diabetes and heart problems; yet, I was still able to work. In March, 1985, following a series of heart attacks which led to double bypass surgery, the V. A. determined that I was 100% totally and permanently disabled and could no longer work. The Social Security Administration determined I was totally, disabled effective April 1985 (see Atch 1). In the years since, I have developed very poor circulation, particularly in my legs, and Chronic Obstructive Pulmonary Disease (COPD) for which I am using oxygen.. In September, 200'. following numerous strokes and heart attacks, I had emergency surgery for a triple heart bypass, repair of a leaky heart valve, and implantation of a heart pump and defibrilator. I now have very limited mobility, but can get around with helfof a cane, walker or electric scooter. My doctors recommend I use a whirlpool bath and a larger shower; however, our home has only 1 small bathroom with no tub..........only a small shower; and it is inconveniently located in the middle of my homod>out 20 ft. from my bed. My wife, Donna, has severe osteo-arthritis, and her doctor also recommends she use a whirlpool bath. Our proposed bathroom will be locait'ed immediately off our bedroom and will feature a whirpool bath and a large shower with bench. Unknown to us at the time of planning, our city has a 25 ft. setback from our back property and our addition will encroach approximately 12 ft. into this setback. It is aesthetically designed as an addition to our existing home. Please, please grant us the required varience. Very Respectfully, ~ ...e ~u.. Glenn 1. Myers 3 Atch S.S.A award Itr Itr from Glenn's doctor ltr from Donna's doctor ~L~ , 'l \ ,. , "} TOF OF WALL MATCt-! EXleT. E3 3 = n (1) 3 I ~ . ~ 0- 0 I-- - ~ I - tf\ ~II 5TUCCO FIN. Ov LA Tt-I 1&- FEL T ANI CDX. EXT. FL YWO Gl 61 II ~ I (1) e./s II 5TI cMU W REAR ELEvATrON &CALE : 1/4"..1'-"'11 GLA5e 6LOCK OFF RIDQE ROOF vENT 5HINQLE ROOF (MATCH ExI5T,) !o/ell 5TUCCO FIN. OvER CMU WALL I.F.F. I t:'~,TCf4 ~eT._________ , \ ~ ; I _ --l;.._ , , ,'t ~ --r- --'-- 1 ~ , _ --t:..._ 1 CONNECT NEW / CMU W/4IS REi3A ^.,. .., A II ......,,- ^"Ir Ct:.(:..I1"'C.1 ,. EXI5T. BEDRM. - Q I <n I 1" <n 1 :. \':i-j.-_-;:;::(,;.:'h'''''l'1.:;~f.l'~i'}i''q::~~~~ ,; o :;, 5l-1L. 'e, :24~e 1" 6F DR. _I TEMF N c:;,L.A55 DOOR 11& II I-IC=T 5EAT '-;.L,,-;,!; - ('f\ - ~ TEMF. ~ 5>'-4" ~L.A55 - 4 ~ eNCL.O! lL. - 4Cr Q I ~ CORNER r I 6A TI-I l'-b" II 2351-1 1- iti: I :2351-1 1..PUJ. ~ FLA TFORM ~L. -4&.4 UJ/IlZ'lIlU) 5Tep eL. . "IL -4ct, 1'-4'1 1~'-8" ;31_!Zi" ;21-!Zi" 11' -!Zi" F.LOORiFLAN SCALE: 1I4"=I'-a::>" 1-E~eND ...iooo.:.... ~ "", SOCIAL SECURITY AWARD CERTIFICATE C85142 From: Department of Health and Human Services Social Security Administration GLENN L MYERS III · 6238 BLUE CLAY CT ORLANDO FL 32819 Date JULY 28, 1985 Claim per: :aA Type of Date of Monthly Benefit Entitlement Benefit DISABILITY 4/85 S 735.20 THE AMOUNT OF YOUR FIRST PAYMENT IS $ 2940.00. EARNINGS THROUGH 1984 WERE USED TO FIGURE YOUR BENEFIT AMOUNT. LATER, WE WILL REFIGURE YOUR BENEFIT TO INCLUDE ANY EARNINGS YOU HAVE AFTER 1984. YOU WILL NOT rIA VE TO ASK US TO DO THIS. WHEN WE HAVE REFIGURED YOUR BENEFIT AMOUNT, WE WILL LET YOU KNOW IF THERE WILL BE ANY CHANGE IN YOUR BENEFIT. SHORTLY AFTER 7/23/85, YOU WILL RECEIVE YOUR FIRST ~AYMENT WHICH WILL INCLUDE ALL BE!\l"EFITS DUE YOU THROUGH 7/85. A PAYMENT FOR $735.00 'WILL BE SE1"o.TJ' ON OR ABOUT 9/03/85. AFTER THAT, A PAYMENT FOR $735.00 WILL BE SENT EACH MONm. '" BECAUSE OF A CHANGE IN THE LAW, YOUR REGULAR PAYMENT WILL BE ROUNDED DOWN TO THE DOLLAR EVEN THOUGH YOUR MONTHLY BENEFIT OF RECORD MAYBE IN DOLLARS AND CENTS. IF YOU RETURN TO WORK WHILE YOU ARE STILL DISABLED, YOU MAYBE ENTITLED TO A TRIAL WORK PERIOD TO TEST YOUR ABILITY TO RESUME WORK. DURING THIS PERIOD YOU MAY WORK IN AS MANY AS 9 MONTHS (WHICH NEED NOT BE CONSECUTIVE) AND STILL RECEIVE YOUR DISABILITY BENEFIT PAYMENTS NO MA'ITER HOW HIGH YOUR EARNINGS. AFTER THE TRIAL WORK PERIOD HAS ENDED WE WILL CONSIDER THE WORK YOU DID IN DETERMINING WHETHER YOU HAVE SHOWN BY YOUR WORK ACTIVITY THAT YOUR DISABILITY HAS ENDED. HOWEVER. YOU ARE NOT ENTITLED TO A TRIAL WORK PERIOD I:F: * YOU ARE ENTITLED TO A PERIOD OF DISABILITY BUT NOT TO DISABILITY INSURANCE CASH BENEFITS, OR * YOU ARE RECEIVING BENEFITS IN A SECOND PERIOD OF DISABILITY FOR "THICH YOU DID NOT HAVE TO COMPLETE AWAITING PERIOD. RESPONSIBILITIES OF PEOPLE RECEIVING DISABILITY BENEFITS SEE NEXT PAGE ENCLOSURE SSA-10153 C This certifies that you (or the persons(s} on whose behalf you applied}, became entitled under the Social Security Act to the social security benefits shown. Important: See other side for ao"ditional information. Martha A. McSteen Acting Commissioner of Social Security Form SSA-l30-TR 110-83) \, Juan P. Suarez M.D.,P.A 25 W. Kaley St Suite 200A Orlando, FL 32806 Phone: 407-843-0151 Fax: 407-843-9230 June 12,2007 To The City of Ocoee: Re: Glenn Myers Mr. Myers is a well established patient of my practice. Due to his recent hospitalizations and diagnosis', it is my recommendation that he be taking baths rather than showers. To help facilitate this process, an extention of a bathroom needs to be added to their house, that includes a whirlpool bathtub and a larger shower. If any questions or information is needed, please feel free to contact .our office. Sincerely, 7 ./ Katherine K. Welty, MD License # ME0068336 Primary Care Specialist, LLC 12395 S. Orange BloS5om Trail Orlando, FL 32837 Phone: (407)438-8840 Fax: (407)438-8893 Patient: Myers, Donna L 1005 Armada Cl. Oeoee, FL 34761 DOB: 11/15/1952 Date: June 12, 2007 Whirlpool Bathtub'" Accessable Use daily as directed #1 (One) unit(s) Refills: prn MEDICALLY NECESSARY DUE TO SEVERE OSTEOARTHRITIS OF SPINE/HIPS/KNEES AND DIABETIC NEUROPATHY. Diagnosis: Osteoarthritis involving several sites, multiple sites Signature To prohibit drug product selection, handwrite "Medically Necessary" In the spaee above. o1-e4 Copy of Public Hearing Advertisement Date Published ~\i\V.V~Oa.1 (JlA\~ 2.(Q1 zo01 o V t a \'\d 0 S' evrt1 V\e.l Cl a '5 l.n.~ds Advertisement CITY OF OCOEE NOTICE OF fARING REGARD EST . FOR APPLlC CASE NOTICE IS HEREBY GIVEN, that the OCOEE CITY COMMISSION will hold a PUBLIC HEARING an TUESDAY, AUGUST 7, 2007 at 7:15 P.M. or as soon thereafter as possible, at the Ocoee Citv Commission Chambers, 150 N Lakeshore Drive, Ocoee, Florida, in order to consider the petition of Glenn Mvers for a variance according to the provisions of Article IV, subsection 4-9 of the City of Ocoee Land Development Code. rg~~nt:~qu~s:.~:o1;~e A'~~~ldig Court. The Orange Countv Propertv Appraiser Identifi- cation Number (PIN) is 09- 22-28-4046-00-340. The' appli- cant is reCluesting a rear vard setback variance from 25 teet to 14 feet tor a bath- room addition. ~~t;;e~re~h~a~U:a ~~~trrig I and be heard with respect to the proposed variance. This notice is given pursu- ant to Article IV, Subsection 4-9 B. (1), and page 180.4.43 of the Citv of Ocoee Land Development Code. A copv of the application and the Citv at Ocoee Stoff Report mav be examined at the Communitv Development Department iocated in the Cltv Hall at the address in- dicated above, between the hours at 8:00 a.m. and 5:00 p.rn., Monday-Friday, ex- cept legal holidavs. The Oeoee City Commission mav continue the public hearings to other dates and times, os they deem neces- sarv. Anv interested partv shall be advised that the dates, times, and places at continuation of these or con- tinued publ.ic 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 ap. peal any decision made a the public hearings will need a record af the pro- ceedings and for this pur- pose may need to ensure that a verbatim record of the proceedings is made which includes the testimo- ny and evidence upon which the appeal is based. Per- sons with disabilities need- ing assistance to participate in anv of these proceedings should contact the Citv Clerk's Office 48 hours in advance of the meeting at 407-905-3105. Beth Eikenberrv Citv Clerk OLs424577 7fl6107