HomeMy WebLinkAboutItem 09 Public Hearing for 304 Calliope Street - Renwick Variance
City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761
Phone: (407) 905-3100 ▪ www.ocoee.org
STAFF REPORT
Meeting Date: February 4, 2025
Item #: 9
Contact Name: Berenice Belizaire Department Director: Ginger Corless
Contact Number: Ext. 1070 City Manager: Craig Shadrix
Subject: Public Hearing for 304 Calliope Street - Renwick Variance Request; Project No. VR-
24-03. (Planner I Belizaire)
Background Summary:
The property is located in Commission District 3 and addressed at 304 Calliope Street. It is zoned R-1AA
(Single Family Dwelling District) and is assigned parcel ID number 32-22-28-9285-00-740. Per Section 5-14A
and corresponding Table 5-2 (Minimum Zoning Descriptions on Permitted Uses) of Article V of the Land
Development Code, the maximum allowable impervious surface area (ISA) for all lots within all residential
zoning districts is 50% of the lot area. The property contains 9,380 SF of land area, thus, the maximum ISA
permitted is limited to 4,690 SF. The applicant is requesting a total ISA of 7,558.53 SF (or 81% of the lot),
representing a 61.2% variance to Table 5-2. This causes the lot to exceed the maximum allowable impervious
surface area (ISA) by 31% (approximately 2,907.80 SF) for purposes of installing impervious surface materials
in the rear and side yards, specifically:
• Installation of pavers covering nearly the entirety of the rear yard, and
• Installation of paver walkways along the side yards.
According to Article IV, Section 4-9A, approval of a variance requires that the applicant demonstrate
compliance with four (4) criteria, as follows:
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;
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's justifications are as follows:
This project involves the installation of pavers in the backyard of a residence in Ocoee, Florida. Specifically,
this variance request seeks the City’s approval for an increase in the maximum allowable impervious area
percentage for the property. The installation of pavers covers the entire patio area and is intended to address
a rodent control issue (rats). The current total area of the pavers in the backyard patio is approximately 2,876
square feet. The survey titled “Proposed Survey for 2024 Permit” illustrates the total proposed paver area.
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City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761
Phone: (407) 905-3100 ▪ www.ocoee.org
The primary motivation for this intervention is to address the presence of rats and snakes on the property,
which have emerged due to the proximity and operation of a sewer pump located behind the residence,
belonging to Thornebrooke Elementary School. The implementation of pavers aims to provide an effective and
long-lasting solution to the pest problems.
• Pest Control: The presence of rats and snakes in the backyard area, exacerbated by the presence of
the sewer pump, indicates a public health and safety concern. Installing pavers can help create a
surface that limits hiding spots for these animals, thereby reducing their presence.
• Enhancement of Safety: By reducing hiding spots for rats and snakes, the safety of the residence is
increased. This is especially important for the family and neighbors with children and pets, who are
more vulnerable to dangerous encounters.
• Stormwater Management: In addition, pavers allow water to filter through their joints, which helps
reduce runoff and minimizes the risk of flooding. This contributes to better management of rainwater
and protects the surrounding environment. By allowing water to filter through the joints of the pavers, it
contributes to sustainable water management.
Finally, the lot has a natural slope that allows for effective drainage of rainwater without affecting neighboring
properties, as the water flows toward the back of the residence. During the heavy rains associated with
Hurricane Milton, it was clear that the rainwater filtered through the pavers, preventing any accumulation in the
neighboring residences. Additionally, most of the pavers have been installed since 2020, which demonstrates
that during the various storms experienced in Florida, characterized by substantial rainfall, the natural
drainage created by the slope of our patio has successfully mitigated water accumulation and drainage issues.
Staff Analysis: Staff finds that the justifications provided by the applicant do not support and are not sufficient
to demonstrate compliance with the four (4) evaluation criteria. Staff's analysis is summarized below:
• Criteria 1: Special Circumstances & Conditions: There are no special conditions and circumstances
that exist that are peculiar to the land in that the subject lot is of similar dimensions, shape, and size as
all of the lots in this block of the subdivision. The lot is rectangular in shape with a slight bend along the
East property line near the front of the lot. Also, like all of the lots in the subdivision, the subject lot has
5-foot drainage and utility easements along the side lot lines where impervious materials are not
permitted.
• Criteria 2: Literal Interpretation of Code: The literal interpretation of the provisions of these regulations
would not deprive the property owner of rights commonly enjoyed by other properties with similar
conditions. Construction of the residence (including the front covered porch and rear covered lanai),
driveway, and walkway yielded an ISA of approximately 43%, leaving approximately 7% (or 656.6
square feet) of impervious surface area available for use by the property owner. The remaining 7% (or
656.6 square feet) of impervious surface area coverage allows adequate square footage for the
property owner to construct a reasonably sized patio or other accessory structures on the property.
• Criteria 3: Actions of the Applicant: The circumstances of this variance are the result of the actions of
the applicant/property owner. The property was cited by Code Enforcement for having unpermitted
pavers in the rear and side yards. In an effort to be compliant with Code Enforcement, the
applicant/property owner pursued a building permit to account for the 1,922 square feet of existing
unpermitted pavers installed in 2020 plus the desired additional 1,569.25 SF of pavers to the property
(refer to the attached survey).
• Criteria 4: Conference of Special Privilege: Granting the requested variance would confer a special
privilege to the applicant that is denied by these regulations to other lands or required subdivision
improvements under similar conditions, as other properties are also not permitted to exceed the
maximum ISA.
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City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761
Phone: (407) 905-3100 ▪ www.ocoee.org
On December 16, 2024, staff met with the applicants to discuss their issues and concerns relative to rodents
and snakes in their backyard; however, staff explained that the variance criteria do not speak to nuisance-
related concerns and clarified that the variance would not constitute approval of impervious materials (pavers)
within the Drainage and Utility Easements. The applicants agreed to reduce the width of the paver walkways
along the sides of the residence from 3 feet wide to 2.48 feet wide so as to not encroach into the easements.
This will reduce the impervious area by 97.24 square feet, or 1%, bringing the total requested ISA to 80%.
Staff does not support the requested variance as there is insufficient, code-based justification to support the
variance.
Issue:
Should the Honorable Mayor and City Commissioners approve the requested variance to Section 5-14A and
corresponding Table 5-2 of Article V of the Land Development Code to exceed the maximum allowable
impervious surface area (ISA) by 31% (approximately 2,907.80 square feet) for a total ISA of 81% (7,558.53
square feet) for purposes of installing pavers covering nearly the entirety of the rear yard, and paver walkways
along the side yards, representing a 61.2% variance?
Recommendations:
Planning and Zoning Commission (PZC) Recommendation:
The Planning and Zoning Commission (PZC) considered this item at its January 14, 2025, hearing. The PZC
discussed whether the property owner spoke to Thornebrooke Elementary School or Orange County Public Schools
about the sewer pump and any clean up or maintenance that could be done to help alleviate the issues expressed
by the applicants. Following discussion and based on the variance request not demonstrating compliance with the
approval criteria in Section 4-9A of Article IV, the PZC made a recommendation of denial of the requested variance
to Section 5-14A and corresponding Table 5-2 of Article V of the Land Development Code in order to not allow the
property to exceed the maximum 50% allowable impervious surface area (ISA) on the property.
Staff Recommendation:
Staff recommends that the City Commission deny the requested variance to Section 5-14A and corresponding
Table 5-2 of Article V of the Land Development Code and not allow the property to exceed the maximum 50%
allowable impervious surface area (ISA) for the purposes of installing pavers covering nearly the entirety of the rear
yard and paver walkways along the side yards.
Attachments:
1. Location Map
2. Aerial Map
3. Future Land Use Map
4. Zoning Map
5. Original Survey
6. Existing 2020 Survey
7. Proposed Survey for 2024 Permit
8. 304 Calliope Street Rat Photo
9. Advertisement
Financial Impacts:
N/A
Type of Item: Public Hearing
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UNNAMED LAKE
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UNNAM ED LAKE
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304 Calliope Street - Renwick Variance2024 Aerial Photography
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UNNAMED LAKE
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304 Calliope Street - Renwick VarianceSurrounding Future Land Use Map
Created: November 2024
Development ServicesDepartment
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0 190 38095Feet
Subject Property
Future Lan d Use Classifica tion :Low Density Residen tial (LDR)Medium Density Residential (MDR)High De nsity Re sidential (HDR)Professional Offices and Services (PS)Co mmercial (CO MM)Light Industrial (LI)He avy Indu strial (HI)Co nse rvation/Floo dplains (CO NS)Re creation and Open Sp ace (REC)Public Facilities/Institutional (INST)
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UNNAMED LAKE
R-1AA
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Moore Rd
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304 Calliope Street - Renwick VarianceSurrounding Zoning Map
Development ServicesDepartment
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0 190 38095Feet
Created: November 2024
Subject Property
Zoning Classification:General Agricultural (A-1)Subu rb an (A-2)Sin gle-Family Dwelling (R-1AAA)Sin gle-Family Dwelling (R-1AA)Sin gle-Family Dwelling (R-1A)Sin gle-Family Dwelling (R-1)One- & Two-Family Dwelling (R-2 )Multiple-Family Dwelling (R-3)Mobile H ome Subdivision (RT-1)Professional Offices & Services (P-S)Neighborhood Shopping (C-1)Community Commercial (C-2)General Commercial (C-3)
General In dustrial (I-2 )Commercial (PUD)Low Den sity (PUD)Medium Density (PUD)
Restricte d Manufacturing& Warehousin g (I-1)
High Density (PUD)Public Use (PUD)Unclassified
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FIRST INSERTIONCITY OF OCOEENOTICE OF PUBLIC HEARING304 CALLIOPE STREET – RENWICK PROPERTYVARIANCE REQUEST CASE NUMBER: VR-24-03
NOTICE IS HEREBY GIVEN, that the OCOEE CITY COMMISSION will hold a PUBLIC HEARING on TUESDAY, FEBRUARY 4, 2025, at 6:15 P.M. or as soon thereafter as possible, at the Ocoee City Commission Chambers, 1 North Bluford Avenue, Ocoee, Florida, in order to consider the petition of Rodolfo Renwick for a variance according to the provisions of Article IV, Subsection 4-9 of the City of Ocoee Land Development Code (LDC).Action Requested: The property is located at 304 Calliope Street and is assigned parcel ID # 32-22-28-9285-00-740. The applicant is requesting a variance to Sec-tion 5-14A, and the corresponding Table 5-2 of Article V, of the Land Development Code, to exceed the maximum allowed 50 percent impervious surface area by 31 per-cent in order to install pavers covering nearly the entirety of the rear yard (North), and paver walkways along the side yards (East and West).Interested parties may appear at the public hearing and be heard with respect to the proposed action. The complete case file may be inspected at the Ocoee Devel-opment Services Department located at 1 North Bluford Avenue, Ocoee, Florida, between the hours of 8:00 a.m. and 5:00 p.m., Monday through Friday, except le-gal holidays. The City Commission may continue the public hearing to other dates and times, as it deems necessary. Any interested party shall be advised of the dates, times, and places of any continuation of these or continued public hearings shall be announced during the hearing. 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 hearings will need a record of the proceedings and, for this pur-pose, 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. In accordance with the Americans with Disabilities Act, persons needing special accommodations or an interpreter to participate in this proceeding should contact the City Clerk’s Office 48 hours in advance of the meeting at (407) 905-3105.January 23, 2025 25-00267W
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