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HomeMy WebLinkAboutItem 15 Public Hearing for 125 S. Circle Key Dr. - Moody Variance RequestMeeting Date: November 18, 2025 Item #: 15 Contact Name: Berenice Belizaire Department Director: Contact Number: Ext. 1070 City Manager: Craig Shadrix Background Summary: The property (parcel ID number 18-22-28-7122-01-250) is located within Commission District 3, is zoned RT-1 (Mobile Home Subdivision), and is within the Pioneer Key Park mobile home subdivision platted in 1976. It is bordered by road rights -of -way on the north, west, and south sides. Since the mobile home entryway faces west, the east side is considered the rear yard of the lot. Due to the narrowness of the lot, the mobile home cannot meet the minimum 20-foot rear setback. Therefore, the applicant is requesting a variance to reduce the minimum rear building setback from 20 feet to 7 feet, for the purposes of placing a 22' by 36' (792 square feet) mobile home on the lot. The lot is a substandard lot of record, as it does not meet the minimum 7,000 square foot lot area for the RT-1 zoning district, but has retained the same configuration since the plat. Use of the lot for the installation of a mobile home is permitted subject to the home meeting all other applicable minimum zoning requirements, including building setbacks. Provided below are the minimum zoning requirements for the RT-1 zoning district from Table 5-2: Minimum Zoning Descriptions on Permitted Uses. Side street setbacks are not currently indicated in Table 5-2. However, a 15-foot side street setback is intended to be made for residential zoning districts during the Land Development Code update, and the home meets the side street setback. Minimum Minimum Minimum Maximum Maximum Maximum Minimum Zoning Minimum Front Side Rear Minimum Building Impervious Building Living District Lot Size Building Building Building Lot Width Coverage Surface Height Area Setback Setback Setback RT-1, 7,000 SF 20 FT 7.5 FT 20 FT - 40% 50% 35 FT - Mobile Home Subdivision Per 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; City of • •-- T Bluford Avenue • •_ Florida 34761 • - 1 *1 i1www.ocoee.org Page 218 of 356 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; 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. No pre-existing conditions of neighboring lands which are contrary to these regulations shall be considered grounds for the issuance of a variance. Applicant Response: The applicant stated that the mobile home installer and property owner understood that they received approval for installation (Used Mobile Home Pre -Inspection Permit 3291-2024, attached). Money has already been invested in the project. We are requesting that setbacks be reconsidered for installation, specifically a 7-foot rear setback of the mobile home. Staff Analysis: As a point of clarification, the mobile home "prior installation approval" (as documented in attachment 6) was the Building Division Inspection Report, which was a pre -inspection by the Building Inspector for purposes of the suitability of the mobile home structure for occupancy and was not City approval of the installation of the mobile home on the property. Relative to the variance approval criteria, staff finds that, based on the circumstances and conditions of the existing lot, there is sufficient demonstration that the four (4) variance evaluation criteria are met. Staff analysis is summarized below: Criteria 1: Special Circumstances & Conditions: The lot abuts road rights -of -way along three (3) property lines. Sunset Key Court abuts the lot on the north property line, and West Circle Key Drive abuts the lot on the south and west property lines. A boundary survey indicating the front yard, side street, and rear yard setbacks is attached based on the hierarchy of the roadway functions and the orientation of the mobile home. Applying the RT-1 zoning district minimum building setbacks to the lot would not permit the installation of a mobile home, as the minimum 20-foot rear setback (east property line) cannot be met. Criteria 2: Literal Interpretation of Code: The literal interpretation of the provisions of these regulations would deprive the applicant of rights commonly enjoyed by other properties with similar conditions. Strict application of the front and rear minimum setbacks would result in a buildable area width of 10 feet, which cannot support a 22-foot wide mobile home. Criteria 3: Actions of the Applicant: The circumstances of this variance are not the result of the actions of the applicant, as the lot has retained its original configuration since being platted in 1976. Due to the lot having three (3) frontages, the mobile home cannot meet the minimum 20-foot rear setback. Criteria 4: Conference of Special Privilege: Approving the requested variance would not confer to the applicant any special privilege that is denied by these regulations to other lands, structures, or required subdivision improvements under similar conditions. Within Pioneer Key Park, there are existing mobile homes that were installed in accordance with the zoning regulations established prior to 1992. Approving the requested rear setback reduction would allow the property owner to install a mobile home on the lot like all the other lots in the mobile home subdivision, thus allowing the property owner the same benefit as other lots. Additional Considerations: As of 2011, twenty-eight (28) mobile home installation permits have been issued for properties in the Pioneer Key Park and Security Mobile Home Park subdivisions. Of the issued permits, a majority of the lots were conventionally rectangular interior lots that, despite not meeting the minimum lot area, met the setback requirements of the RT-1 zoning district. For historical permitting purposes, the lot located at 40 Eagle Key Court has an identical configuration to 125 S. Circle Key Drive and was approved for a mobile home installation permit. • - j111110NM I a m-- • • Page 219 of 356 Staff supports the variance as there is sufficient justification to support the request. Issue: Should the Honorable Mayor and City Commissioners approve the requested variance to Section 5-14A and Table 5-2 of Article V of the Land Development Code to reduce the minimum 20-foot rear building setback by 13 feet and allow a 7-foot rear setback for the installation of a mobile home on the property? Recommendations: Planning and Zoning Commission (PZC) Recommendation: The Planning and Zoning Commission (PZC) considered this item at its October 14, 2025, hearing. During discussion, questions were raised regarding whether the property was on septic or sewer and whether the property had been split in the past. Regarding wastewater service, staff responded that it is likely that the property is on sewer and that staff would confirm. Regarding whether there was previous lot split, staff responded that no lot split has occurred and that the lot has kept its original configuration. Following discussion, the PZC voted unanimously (5-0) to make recommendation of approval of the requested variance to Section 5-14A and Table 5-2 of Article V of the Land Development Code to reduce the minimum 20-foot rear eastern building setback by 13 feet and allow a 7-foot rear setback for the installation of a mobile home at the property located at 125 S. Circle Key Drive. Since the date of the PZC hearing, staff has verified that the property receives City sewer services. Staff Recommendation: Staff recommends that the Honorable Mayor and City Commissioners approve the requested variance to Section 5-14A and Table 5-2 of Article V of the Land Development Code to reduce the minimum 20-foot rear building setback by 13 feet and allow a 7-foot rear setback for the installation of a mobile home at the property located at 125 S. Circle Key Drive. Attachments: 1. Location Map 2. Aerial Map 3. FLU Map 4. Zoning Map 5. Application 6. Mobile Home Inspection Report 7. Boundary Survey Indicating Yards 8. Advertisement Financial Impacts: N/A Type of Item: Public Hearing Page 220 of 356 125 S Circle Key Drive Location Map e IiE 14 Page 221 of 356 Page 222 of 356 125 S Circle Key Drive Surrounding Future Land Use Map 000(-->( Development Services Department 140 ■ Feet Created: September 2025 Subject Property Future Land Use Classification: Low Density Residential (LDR) Medium Density Residential (MDR) High Density Residential (HDR) Professional Offices and Services (PS Commercial (COMM) Light Industrial (LI) Heavy Industrial (HI) '='L,f,F Conservation/Floodplains (CONS) Recreation and Open Space (REC) Public Facilities/Institutional (INST) Page 223 of 356 060 1 fli I I i It • • • nwmw it orlda Development Services Department 140 ■ Feet Created: September 2025 Subject Property 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) Mobile Home Subdivision (RT-1) Professional Offices & Services (P-S) Neighborhood Shopping (C-1) Community Commercial (C-2) General Commercial (C-3) Restricted Manufacturing & Warehousing (1-1) General Industrial (1-2) Commercial (PUD) Low Density (PUD) Medium Density (PUD) High Density (PUD) Public Use (PUD) ` Unclassified Page 224 of 356 VARIANCE APPLICATION \ / Development Services - Planning Division 1 N. Bluford Avenue I Ocoee, FL 34761 Ocoee Phone:407.905.3157 florid° - PROJECT NUMBER: VR. � 5� 0 5 DATE RECEIVED: Received Date - Office Use Only PROJECT NAME: 9 1Z>i i77QL 1,4KW6 IW S%444077QAI PROJECT DESCRIPTION: IW S-M�"Rd AU 64-S /t7W A✓r.�.AVSF 60/y INSP�ii�iC�q�S /�� 4M-S 0/G n /NSVW, APPLICANT'S NAME: APPLICANT'S ADDRESS: ADD Q171tvSnw 2xG-'&-w4k-6 ,A '?V o �z TELEPHONE NUMBER: 114-7-4 JD E-MAIL ADDRESS: 19a; 1Ve19Ch D OWNER OF RECORD: A4V6 HO D y OWNER'S ADDRESS; PHONE NUMBER: PROPERTY LOCATION: A. PROPERTY TAX ID. NO(S): 19-V� z9-7/22--/Z-<O LEGAL DESCRIPTION: ALL APPLICATIONS FOR SUBDIVISION OR SITE PLAN REVIEW MUST PROVIDE THREE (3) EXECUTED, CERTIFIED AND SEALED BOUNDARY SURVEYS FOR THE SUBJECT PARCEL, WHICH SHALL INCLUDE A METES -AND -BOUNDS LEGAL DESCRIPTION. ATTACH SURVEY WITH FULL LEGAL DESCRIPTION AS EXHIBIT. PROPOSED USE OF THE SUBJECT PARCEL IF THE PRESENT APPLICATION(S) IS/ARE GRANTED? /I%B7-S/G�, Form 20 Page 225 of 356 a NUMBER OF EXISTING BUILDINGS AND EXISTING LAND USE OF THE SUBJECT PARCEL: Y I)A(-71- jg7t0lCe 14M,(c.- //( G W270AI Gj4S /71 "� dn� 40T -)7111,04/Na If w,4S aY , Y a BRIEFLY ADDRESS THE FOLLOWING: B. THE NEED AND JUSTIFICATION FOR THE REQUESTED ACTION: / 7077 � 1� �1 a HOW WILL THE FOLLOWING ESSENTIAL SERVICES BE PROVIDED? j A. POTABLE WATER: _dw B. WASTEWATER TREATMENT:'/7Y &!�4ir/G'4 C. STORMWATER MANAGEMENT: J1 D. RECREATION: dd %'T 4-O&M� O ,�S 1Q-A.)1Z) E. SCHOOLS AND PROJECTED NUMBER OF SCHOOL AGE CHILDREN: S�-/,/D,6/-,S //YO ff& 4,7 - BLS 7702A, F. MAIN HIGHWAY ACCESS (A traffic study may be required): fi / /S M951, .i G. FIRE PROTECTION (NOTE: Fire flow data will be required before final platting): r APpv,NT 8 A rURE DATE Form 20 3 . Page 226 of 356 3/20/25, 11:47 AM Inspection Results City of Ocoee PLEASE SET INSPECTIONCARDADDRESS BUILDING DEPARTMENT INSPECTION REPORT Address: 125 S CIRCLE KEY DR OCOEE FLORIDA 34761 Subdivision: PIONEER KEY PARK Type of Inspection: Residential Building Pre -inspection Parcel ID: 18-22-28-7122-01-250 Date of Inspection: Wed, Nov 06, 2024 at 10:58am Permit #: 3290-2024 Inspection Result: Approved by Jaime Simons Permit Type: Residential Mobile Home Applicant: OWNER -BUILDER The mobile home inspection is good There is some exterior T111 siding on the rear that needs to be replaced and inspected at a later date. The photos have been attached to this inspection Inspector: Jaime Simons City of Ocoee 1/1 Page 227 of 356 BOUNDARY SURVEY 125 S. CIRCLE KEY DRIVE OCOEE, FLORIDA 34761 DESCRIPTION: LOT 125, PIONEER KEY PARK, ACCORDING TO THE PLAT THEREOF, AS RECORDED ON PLAT BOOK 6, PAGES 77 THROUGH 86, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA. Curve Table CURVE # DELTA RADIUS LENGTH CHORD BEARING CHORD Cl 90'00'00' 20.00' 31.42' S4577J0'W 28.28, C2 90'00'00' 10.00' 15.71' S44 42'30-E 14.14' Line Tolle LINE III DIRECTION LENGTH Li N89'42'30'W 29.00' L2 N89 42'30'W 24.00' L3 N00'17'30 E 10.00' L4 N89 42'30'W 15.00' J LEGEND/ABBREVIATIONS LB UCENSED BUSINESS SET 5/8' IRON ROD AND CAP (TYPICAL UNLESS NOTED OTHERWSE) �$ SANITARY MANHOLE UGHT POLE —OHW— OVERHEAD UTIUW MRES —D— Now FENCE —0— GNAW UNK FENCE [9 TRANSFORMER PAD LJ POWER METER WATER METER I 0 I I JOB NUMBER: 23069.000 YOR 1. NOT VALID WITHOUT THE ORIGINAL SIGNATURE AND SEAL, OR DIGITAL SIGNATURE AND SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. PRINTED COPIES OF A DIGITAL SIGNED AND SEALED SURVEY ARE NOT VALID. 2. LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RIGHTS OF WAY, EASEMENTS, OWNERSHIP, OR OTHER INSTRUMENTS OF RECORD, BY THIS FIRM. 3. REVISIONS DO NOT CONSTITUTE A RE —CERTIFICATION OF THE EXISTING FIELD COND117ONS OF THIS SURVEY. 4. BEARINGS SHOWN HEREON ARE BASED ON THE WEST LINE OF LOT 125 AS BEING N0077.30E (ASSUMED). 5. THE DESCRIPTION SHOWN HEREON WAS SUPPLIED BY THE CLIENT: 6. UNDERGROUND IMPROVEMENTS AND INSTALLATIONS HAVE NOT BEEN LOCATED. Z THE LANDS SHOWN HEREON LIE ENTIRELY WITHIN ZONE X (AREAS DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL CHANCE FLOOD) ACCORDING TO FIRM' MAP NO. 12095CO260 F. COMMUNITY NO. 120179. DATED SEPTEMBER 25, 2009. 8. THIS SURVEY WAS PERFORMED IN ACCORDANCE WITH THE STANDARDS OF PRACTICE SET FORTH IN RULE 5J—IZ052 ADOPTED BY THE FLORIDA BOARD OF SURVEYORS AND MAPPERS, PURSUANT TO FLORIDA STATUTES 47202Z S. CIRCLE KEY DRIVE PUBLIC RIGHT OF WAY (WIDTH VARIES) ASPHALT ROAD SET NAB. AND DISC AB 7274- CONCRETE SIDEWALK (JIPICAC UNLESS NOTED OTHERWISE) �0 — — FENCE 1.4' EAS W.. O 125 124 VACANT L A N D ,^ r 0 FENCE Z 1.4' EAST L4 us' MB- . SET 5A6' IRON ROD & CAP RB 7274" (TYPICAL UNLESS NOTED OTHERWISE) DIBOX -1 HDaLvr t " L2 T---------- FENCE 0.2' NORTH I I I 131 132 I I I I I I � I 101..... s •• aiBurvaY°� �.•`. ARLNR 0. SISHNAN, P.S.M. Digitally signed by Aron Bishman Date: 2023.08.01 16:00:37-04'00' FLORIDA REGISTRA71ON NO. 5668 MI AMI B I S H MAN Im Surveying & Mapping, Inc. CERTIFICATE OF AUTHORIZATION LB 7274 301 N. TUBB STREET, SUITE 706 OAKLAND, FLORIDA 34760 Phone No. 407.905.8677 Page 228 of 356 PUBLICcriyOvoeOtt NOTICE OF NUMBER:12.5 S. CIRCLE KEY DRIVE - MOODYPROPERTY VARIANCE REqUEST CASE NOTICE IS HEREBY GIVEN, that the OCOEE CITYCOMMISSIONIA411 hold a PUBLIC HEARING on TUESDAY, NOVEMBER 18, 2025, at 6:15 P.M. or as soon thereafter as possible, at the Ocoee City Commission Chambers, I North Flu - ford Avenue, Ocoee, Florida, in order to consider the petition of Faye Moody for a variance -according to the provisions of Article IV Subsection 4-9 of the City of Ocoee Land Development Codes (LDC). The property is located at 125 S. Circle: Key Drive and is assigned parcel ID # 15-22-2 - ` 22-Cif-2W Action. Requested: The applicant is requesting a variance to Section 5-14A, and the corresponding Table 5'-2 of Article Y, of the Land Development Code, to en- croach into the minimum 20-foot rear setback for a proposed 7-foot setback for the purpose of installing a mobile home on the property;. Interested parties may appear at the public hearing and be heard with respect to the proposed action. They complete case file may be inspected at the Ocoee Devel- opment Services Department located at 1 forth Illuford Avenue, Ocoee, Florida, between the hours of :00 a.m. and 5:00 pm., 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 Nvill be published. You are advised that any person who desires to appeal any decision made at the public hearings will need 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 ClerWs Office 48 hours in advance of the meeting at 40 ) 90 - 105. November 6, 2025 Paae A