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Home My WebLink AboutItem 20 Approval of 125 S. Lakeshore Drive - Barenburg Property Variance Request City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org STAFF REPORT Meeting Date: March 5, 2024 Item #: 20 Contact Name: Anoch Whitfield Department Director: Michael Rumer Contact Number: Ext. 1016 City Manager: Robert Frank Subject: Approval of 125 S. Lakeshore Drive - Barenburg Property Variance Request: Project No. VR-24-01 (Zoning Manager Whitfield) Background Summary: Owner/Applicant. The applicant/property owner is David Barenburg. Property Information: The property is located within City Commission District 2 and contains approximately 0.3 acres. The property is on City water and private septic system. It is zoned R-1AAA (Single-Family Dwelling District). 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 Coverage Maximum Impervious Max Building Height Minimum Living 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 the applicant seeks to construct an accessory structure in one of these front yards. The locational requirements for accessory structures are established in Section 5-6B(1), LDC, which requires that, on double frontage, through or corner lots in residential districts, accessory uses and structures shall not be located in either of the required front yards but may be located in one (1) but not both side yards. The Code only has provisions for corner or through/double-frontage lots but does not have locational requirements for lots with three (3) road frontages like this lot. Action Requested: The applicant is requesting a variance to the accessory structure locational requirements of Section 5-6B(1), LDC, in order to build an accessory structure, specifically a pool and deck area, to be located in one (1) of the required front yards on Lafayette Street (southeast side). The southeast Lafayette Street side essentially functions as a side yard since the front door faces northeast (South Lakeshore Drive) and the back door faces southwest (Lafayette Street), where a garage was recently constructed following approval of a building setback variance in 2022. City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org Please note that the supporting documentation submitted with the variance application included a variance to the fence regulations of Section 5-4.1, LDC. However, based on the provisions of Section 5-4.1D(3), LDC, staff finds that the proposed fence location meets Code with the installation of appropriate signage and mirrors on the property to alert drivers to the driveway on Lafayette Street leading to the detached garage and to allow the applicant to see any on-coming vehicles on Lafayette Street. Thus, this analysis is relative to the variance to Section 5-6B(1), LDC. According to Section 4-9A, LDC, 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; 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; 3. That the special conditions and circumstances do not result from the actions of the applicant; and 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 applicant has explained that the configuration and multiple street frontages of this lot makes improvements challenging and that the lot has a one (1) large front yard facing two roads. The existing structure is located within the minimum setback as well. The applicant further states that other lots in the community have a traditional single front yard and single backyard. This lot is subject to front yard setbacks on three (3) sides. Lastly, the property is served by a private septic system as no City sewer is available or will be available in the near future, and the drain field is located on the southwest side of the property between the recently constructed detached garage and Lafayette Street. Moving the drain field would be cost-prohibitive. The applicant states that having a pool is a common and often expected improvement to a home which is enjoyed by other property owners. He further states that the circumstances peculiar to this lot are not the result of the applicant/property owner and that granting this variance would not confer special privileges that have been denied others. Staff Analysis: Staff concurs that having a pool is a right commonly enjoyed by other property owners in the City and finds that there are special conditions and circumstances that are peculiar to this property, including having three (3) roadway frontages at minimum building setbacks of 30 feet and having a drain field in one (1) of the frontages that are essentially the backyard of the house. Code requires that, on through-lots, accessory structures shall not be located in either of the required front yards but may be located in one (1) but not both side yards. In this case, this lot has three (3) front yards (northeast, southeast, and southwest sides), no rear yard, and a narrow side yard (northwest side) of less than ten (10) feet in width. Thus, it is not possible to construct any accessory structure without a variance. From an accessory structure setback perspective, Section 5-6B(1), LDC, requires that accessory structures (including pool and pool enclosures) be located at a minimum of five (5) feet from the side and rear property lines. If the yard where the pool is proposed to be located were considered a "side" yard, the proposed pool location would comply with this setback requirement as it is located greater than five (5) feet from the southeast property line. Based on the unique and challenging circumstances of this lot, staff supports the requested variance and finds that the application has adequately demonstrated compliance with the criteria in Section 4-9, LDC. Issue: Should the Honorable Mayor and City Commissioners approve a variance to Section 5-6B(1), LDC, in order to City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761 Phone: (407) 905-3100 ▪ www.ocoee.org allow an accessory structure, specifically a pool and deck area, to be located in one (1) of the three (3) required front yards, specifically the southeast front yard, on the property located at 125 South Lakeshore Drive and assigned parcel ID number 17-22-28-5504-06-110? Recommendations: Planning & Zoning Commission (PZC) Recommendation The Planning and Zoning Commission heard this item at its February 13, 2024 public hearing. No one spoke in opposition to the requested variance, and on the date of the hearing, the applicant provided a letter of support from a neighbor that was not received in time for inclusion into the PZC packet. That letter of support is now submitted with this City Commission staff report. The Planning and Zoning Commission made a recommendation of approval of a variance to Section 5-6B(1), LDC, in order to allow an accessory structure, specifically a pool and deck area, to be located in one (1) of the three (3) required front yards, specifically the southeast front yard, on the property located at 125 South Lakeshore Drive and assigned parcel ID number 17-22-28-5504-06-110. Staff Recommendation Staff recommends that the Honorable Mayor and City Commissioners approve the requested variance to Section 5-6B(1), LDC, in order to allow an accessory structure, specifically a pool and deck area, to be located in one (1) of the three (3) required front yards, specifically the southeast front yard, on the property located at 125 South Lakeshore Drive and assigned parcel ID number 17-22-28-5504-06-110. Attachments: 1. Location Map 2. Aerial Map 3. Surrounding FLU Map 4. Surrounding Zoning Map 5. Application 6. Barenburg Pool Variance 7. Neighbor Letter 8. Legal Ad Financial Impacts: N/A Type of Item: Public Hearing LAKE STARKE L a f a y e t t e S t S L a k e s h ore D r M a g n o l i a S t E M c k e y S t 125 S. Lakeshore Drive VarianceLocation Map I LAKE STARKE Lafayette St S L a k e s h o r e D r I 0 30 6015Feet 125 S. Lakeshore Drive Barenburg Property - Variance2022 Aerial Photography LAKE STARKE LD R INST S Lakeshore Dr L a f a y e t t e S t 125 S. Lakeshore Drive Barenburg Property - VarianceSurrounding Future Land Use Map Created: month year Development ServicesDepartment I 0 100 20050Feet Subject Property Future L and Use C lassification:Low De nsity Residen tia l (LDR )Medium Den sity Residential (MDR)High Density Resid ential (H DR)Professional O ffices and Se rvices (PS)Commercial (COMM)Light Industrial (LI)Heavy Industrial (H I)Conservation/Flood plains (CONS)Recre ation a nd O pen Space (REC)Pub lic Facilitie s/Institutional (INST) LAKE STARKER-1AAA R-1AAA-1 125 S. Lakeshore Drive Barenburg Property - VarianceSurrounding Zoning Map Development ServicesDepartment I 0 80 16040Feet Created: month year Subject Property Zoning C lassification:General Agricultural (A-1)Sub urban (A-2)Single-Family D welling (R -1 AAA)Single-Family D welling (R -1 AA)Single-Family D welling (R -1 A)Single-Family D welling (R -1 )One- & Two-Family Dwelling (R-2)Multip le-Fa mily Dwe llin g (R-3)Mob ile Home Su bdivisio n (RT-1)Professiona l O ffices & Services (P-S)Neighb orhood Shopping (C-1 )Commun ity Commercial (C-2)General Co mmercial (C-3) General Industrial (I-2)Commercia l (PUD)Low Density (PUD)Med ium De nsity (PUD) Restricted Ma nufacturin g& Wareh ousing (I-1) High Density (PUD)Pub lic Use (PUD)Unclassified 125 S Lakeshore Drive DRAFT Presentation for Variance Application Purpose: Residential Pool David H. Barenburg, property owner Lafayette Street Property Address: 125 S Lakeshore Drive Property faces (entrance & address) Lakeshore Drive Lots 11 & 12 Parcel 282217550406110 Slide represents owner’s masterplan for home & lot and presents the variance request. Request: 1.50% off the house 2.Variance for pool in front setback, side street 3.Fence location 4.Pool use in the front Green area represents the lot(s). It is not inclusive of the right-of-way on Lakeshore or the right-of-way and public sidewalk on Lafayette. Lafayette Street Phase 1: Detached Garage Completed: July 2023 Construction of 20’x27’x14’ detached garage situated 5 feet from the existing structure and property’s drain field. Prior Improvements Completed: 2022 Solar Panels and two Tesla Power-walls were permitted, installed, and activated. Green area represents the lot(s). It is not inclusive of the Lakeshore right-of-way or the Lafayette right-of-way and public sidewalk. Lafayette Street Phase 2: Pool Expected Start: Spring/Summer 2024 Several pool companies have been consulted; none have been selected, and none have submitted proper drawings due to the variance requirement. Proper drawings would be submitted with the permit request if variance is granted. Green area represents the lot(s). It is not inclusive of the Lakeshore right-of-way or the Lafayette right-of-way and public sidewalk. Lafayette Street Phase 3 (blue overlay): Front Porch Expected Start: 2025 DIY Improvements (yellow overlay) : Expected Start: Fall 2023 Improved path from driveway to front door Planter and front landscaping Screen-in rear porch Green area represents the lot(s). It is not inclusive of the Lakeshore right-of-way or the Lafayette right-of-way and public sidewalk. •Property is in an area which maintains 60’ right-of-way. •Pool fence will not establish a “canyon -like” street feel experienced in subdivisions. •The property faces Lakeshore. •There is no pool enclosure planned for this project. •Addition of pool, landscaping and curb appeal improvements will add value to the property and neighborhood, while not feeling out of place for Marion Park. Violet: completed garage. Red: front porch. Planned front porch will be 6’6” deep and 18’ wide. It will not extend past the front plane of the existing structure. Will either be screened- or glassed- in and accessible only from inside the structure or through a door from the fenced in pool area. Illustrates the Master plan, as it relates to the survey conducted in 2022. Projected Completed View: Lakeshore Drive illustrates the pool area and front porch/Florida room. Projected Completed View: Front and Side Corner of Lafayette St and Lakeshore Dr illustrates the pool area (subject of this variance request) as well as future front porch/Florida room. NOTE: The green area indicates the lot as defined by the survey and the brown and grey areas indicate the city owned land and sidewalk. Projected Completed View: Side from Lafayette St The green area indicates the lot as defined by the survey and the brown and grey areas indicate the city owned land and sidewalk. Projected Completed View: Side View non-street side Lafyette Street Pool: 14’ x 24’ long max depth of 6’ 57’- 58’ from Lakeshore Dr property line 11’- 16’ from Lafyette St property line 9’- 10’ feet away from house Fence: 42’ 7” from Lakeshore Dr property line 5’ from Lafayette St property line Lafayette Height: 6’ Lakeshore Max Height: 6’ Final design has not been decided, but will be a horizontal rail. Portion of fence highlighted in orange replaces the existing picket fence. Three sections closest to Lafyette will be consistent with max height described above. Approx 32’ fronting South Lakeshore 42’ from lot boundary fronting South Lakeshore 5’4” to 5’7” from lot boundary fronting Lafayette Landscaping with the exception of The palm tree illustrated in this view are for placement only and may not be when pool is delivered. Red: planned fence line Yellow: Property line Red: planned fence line Yellow: Property line Red: planned fence line Yellow: Property line Red: planned fence line Yellow: Property line Grey: representation of the fence Red: planned fence line Yellow: Property line Grey: representation of the fence View from Lafayette to Lakeshore. Subject property is on the left. Dark grey rectangle illustrates the fence enclosure for Pool. Included to illustrate minimal impact to existing site lines. View from corner of Lakeshore and Lafayette. Subject property is on the right. Dark grey rectangles illustrate the fence enclosure for pool. Light grey rectangles illustrate the future front porch/Florida room. Included to illustrate minimal impact to existing site lines. Comparable Property 1 4 N Lakeshore Drive Fence: 1.6’ – 4.2’ feet from property line Pool: 9.4’ from property line Comparable Property 2 40 Lafayette ST Fence/Pool Enclosure: 4.7’ from property line Lafyette Street Factors that limit alternate pool placement: 1. (blue) Drain field [this was addressed when the garage was approved and built, the garage is 5’ from the structure and 5’ from the drain field]. 2. (orange) Septic tank & lift pump for liquid waste for drain field. 3. (purple) Potential sewer hookup route(s) contingent on the city’s installation of public sewer. 1 Impervious Surface Areas Original Phase 1: Garage Phase 2: Pool Phase 3: Porch/Sunroom House Footprint 2,097 2,097 2,097 +117=2,214 A/C Pad Area 9 9 9 9 Deck Around Pool 66 4582 66 458 Driveways 396 +3301 = 726 726 726 Walkways 154.5 154.5 154.5 154.5 Outbuilding +540 = 540 540 540 Total 2,656.5 3,526.5 2,866.5 4050.5 3,709.5 4,101.5 Lot Size 13,103 13,103 13,103 13,103 Percent ISA 20.273%26.913%21.876% -30.912%28.31% -31.301% 1 Rear (Lafyette Street) driveway is not paved/graveled, measurement is included in case this should change 2 The pool will have a standard 1-foot-wide apron around the perimeter of the pool, which is reflected in the 66 square foot measurement. The renderings included in this slide illustrate a pool deck, approximate measurement of 343.5 square feet totaling 409.5 square feet. This decking would be wooden/composite material at ground level not a concrete decking, ISA guidelines do not clearly indicate if wood decking should be included in the ISA calculations. Ocoee City regulations state that ISA can not exceed 50% for this property. 3 According to Zillow, homes with solar panels sell for 4% higher than homes without solar energy in Florida. 4 Overall national average is that you recoup 65% of the value of your detached garage during resale. http:danleys.com/blog/detached-garage-property-value access 8/27/2023. 5 Adding an in-ground pool can increase a home’s property value 5-8% https://signetpool.com/does-a-pool-increase-home-value-in-florida-heres-what-the-experts-say/ 6 7 Outdoor Updates That Add Major Value to Your Home. Better Homes and Gardens 7 Landscaping to Increase Your Home’s Value. Florida-Friendly Landscaping. Purchase December 2020 $413,000.00 Solar Panels3 $16,520.00 Detached Garage4 $45,500.00 Phase 1 (Projected) Value $475,020.00 Pool5 $38,000.00 Phase 2 (Projected) Value $513,020 Planned Front Porch6 $20,000.00 Screen in Rear Porch $2,000.00 Landscaping Improvements7 $7,500.00 Phase 3 (Projected) Value $542,520.00