HomeMy WebLinkAbout25 Approval of 1248 Verde Pines Court - Thomas Property Variance Request; Project No. VR-26-05
City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761
Phone: (407) 905-3100 ▪ www.ocoee.org
STAFF REPORT
Meeting Date: April 7, 2026
Item #: 25
Contact Name: Berenice Belizaire Department Director: Nick Lepp
Contact Number: Ext. 1070 City Manager: Craig Shadrix
Subject: Approval of 1248 Verde Pines Court - Thomas Property Variance Request; Project
No. VR-26-05. (Planner I Belizaire)
Background Summary: The subject property is located at 1248 Verde Pines Court, within Commission
District 4, and is assigned the parcel ID 04-22-28-0160-00-490. The property is zoned Planned Unit
Development-Low Density (PUD-LD) and is within the Arden Park PUD. Per Section 5-6 B. of Article V of the
Land Development Code (LDC), accessory uses and structures within residential districts shall not be located
in the front or side yards but may be located in the rear yard. Furthermore, per Section 5-13 A. of Article V,
accessory residential uses include the following:
• Antenna structures for television and radio reception are placed on residential structures (height shall
not exceed ten (10) percent of the allowable height).
• Children's playhouses, not to exceed one hundred (100) square feet of gross floor area, and juvenile
play equipment.
• Tennis, basketball, or volleyball courts and other similar private recreation facilities.
• Private garages and carports.
• Gazebos and similar structures.
• Private swimming pools and spas.
• Doghouses, pens, and similar structures for keeping household pets.
• Home occupations, subject to the limitations in Article II of this Code.
• Boat docks and docked or moored boats.
• A stable with a capacity for not more than two (2) horses or mules in permitted agricultural and
residential districts.
• Accessory apartments, including guest cottages and garage apartments with living units having less
than six hundred (600) square feet of floor area for non-commercial occupancy only.
The applicant is requesting a variance to Section 5-6 B. of Article V to allow the location of an accessory use
and structure within the side yard of the residential property for the purpose of constructing a 30-foot by 60-
foot pickleball/basketball court.
Per Section 4-9A of Article IV, 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;
Page 781 of 812
City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761
Phone: (407) 905-3100 ▪ www.ocoee.org
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 prior permit application was rejected per Section 5-6 B. of the LDC. There is no available space behind
the home for the court, hence the side yard location is required.
Staff Analysis: Staff finds that, based on the applicant’s request, there is insufficient demonstration of
compliance with the four (4) evaluation criteria. Below is the Staff's summarized analysis:
Criteria 1: Special Circumstances and Conditions: There are no special conditions or circumstances that exist
that are peculiar to the land. Within the Arden Park South subdivision and other residential communities within
the City, there are lots that are pie-shaped, with the front property line being narrower than the rear property
line. This pie shape creates larger side and rear yards compared to a conventionally rectangular property.
Despite the larger side yards, the residential property is subject to the same regulation of accessory uses and
structures in the side yards.
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. The
undeveloped portions of the rear yard provide a large buildable area to construct an accessory structure or
use. Staff finds that prohibiting the location of the accessory use and structure within the side yard would not
place an undue burden or hardship on the lot, as there are remaining areas in the rear yard to construct a
reasonably sized pickleball/basketball court and be in compliance with Section 5-6 B. of Article V.
Criteria 3: Actions of the Applicant: The circumstances of this variance are not the result of the actions of the
applicant, as the pickleball/basketball court and adjoining retaining wall do not currently exist, and a residential
building permit for the improvements was submitted prior to their construction.
During staff review, the permit was denied for several reasons, including that the proposed
pickleball/basketball court is located within the north side yard. Staff recommended that the applicant revise
the plans to relocate the pickleball/basketball court in the rear yard. Despite there being available space in the
rear yard, the applicant is still requesting that the court be allowed in the side yard.
Criteria 4: Conference of Special Privilege: Granting the requested variance would confer a special privilege to
the applicants that is otherwise denied by these regulations to other properties under similar conditions, as
other residential properties are also prohibited from locating an accessory use or structure within the side yard
of the residential property.
Staff does not support the requested variance, as there is insufficient code-based justification.
Issue:
Should the Honorable Mayor and City Commission approve the requested variance to Section 5-6 B. of Article
V of the Land Development Code to allow for the location of an accessory use and structure within the side
yard of the residential property located at 1248 Verde Pine Court for the purpose of constructing a
pickleball/basketball court?
Recommendations:
Planning & Zoning Commission (PZC) Recommendation:
Page 782 of 812
City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761
Phone: (407) 905-3100 ▪ www.ocoee.org
The Planning and Zoning Commission (PZC) considered this item at its March 10, 2026, hearing. The PZC
discussed potential screening of the proposed pickleball/basketball court, existing recreational facilities within
Arden Park South, and drainage concerns with the change in elevation of the site. Staff clarified that,
regardless of whether there is screening, accessory structures are not permitted in the side yards. Additionally,
Staff confirmed that there are existing recreational facilities within the community. Staff further clarified that the
variance request does not address any concerns pertaining to grade change and drainage of the site, as the
request is only concerned with the location of the structure, and the drainage and elevations will be reviewed
during permitting by the development engineer.
Following the discussion and based on the variance request not demonstrating compliance with the approval
criteria in Section 4-9A of Article IV of the Land Development Code, the PZC voted unanimously (4-0) to
recommend denial of the requested variance to Section 5-6B of Article V to not allow the location of an
accessory use and structure within the side yard of the residential property located at 1248 Verde Pine Court
for the purpose of constructing a pickleball/basketball court.
Staff Recommendation:
Staff recommends that the Honorable Mayor and City Commission make a recommendation of denial of the
requested variance to Section 5-6 B. of Article V of the Land Development Code and not allow for the location
of an accessory use and structure within the side yard of the residential property located at 1248 Verde Pine
Court for the purpose of constructing a pickleball/basketball court.
Attachments:
1. Location Map
2. Aerial Map
3. FLU Map
4. Zoning Map
5. Proposed Survey
6. Survey with Yards
7. WOT Advertisement
Financial Impacts:
N/A
Type of Item: Public Hearing
Page 783 of 812
LAKE MEADOW
Lake Meadow Rd
Arden Oaks Dr
1248 Verde Pines CourtLocation Map
I
Page 784 of 812
LAKE MEADOW
Arden Oaks Dr
Lake Meadow Rd
Cy Ave
Terra Verde Way
Jules Ave
Ingram Ave
Harris Ave
Schiller Ave
R
u
s
t
i
c
O
a
k
L
n
Clarcona O coee R d
C o a s t L i n e A v e
Verde Pines Ct
I
0 125 25062.5 Feet
1248 Verde Pines Court2025 Aerial Photography
Page 785 of 812
LAKE MEADOW
LDR
Lake Meadow Rd
Arden Oaks Dr
Verde Pines Ct
1248 Verde Pines CourtSurrounding Future Land Use Map
Created: January 2026
Development ServicesDepartment
I
0 160 32080Feet
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)
Page 786 of 812
LAKE MEADOW
PUD -LD
Lake Meadow Rd
Arden Oaks Dr
T
e
rr
a
V
e
r
d
e
W
a
y
1248 Verde Pines CourtSurrounding Zoning Map
Development ServicesDepartment
I
0 160 32080Feet
Created: January 2026
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
Page 787 of 812
Page 788 of 812
Side Yard Rear Yard
Page 789 of 812
West Orange Times c/o Business Observer
1970 Main Street
3rd Floor
Sarasota, FL 34236
, 941-906-9386 x322INVOICE
Legal Advertising
Attention: If you are a government agency and you believe that you qualify for a 15% discount to the second insertion of
your notice per F.S. revision 50.061, please inform Kristen Boothroyd directly at 941-906-9386 x323.
NOTICE
The Business Observer makes every effort to ensure that its public notice advertising is accurate and in full compliance with all applicable statutes and ordinances and
that its information is correct. Nevertheless, we ask that our advertisers scrutinize published ads carefully and alert us immediately to any errors so that we may correct
them as soon as possible. We cannot accept responsibility for mistakes beyond bearing the cost of republishing advertisements that contain errors .
Page 790 of 812