HomeMy WebLinkAboutItem #17 Martinez Variance
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AGENDA ITEM COVER SHEET
Meeting Date: September 2, 2008
Item # --U---
Michael Rumerl'1i<.
407 -905-3100/1018
Reviewed By:
Department Director:
Development Services ~~
Director:
City Manager:
Contact Name:
Contact Number:
Subject: David & Vivian Martinez
Variance Application # VR-08-003
2317 Wickdale Court
Issue:
Should the Mayor & City Commissioners approve a variance request by David & Vivian Martinez for a rear yard
setback variance from 25 feet to 10 feet for an enclosed sunroom addition?
Background Summary:
Content of Variance Reauest
This variance application requests that a proposed sunroom addition at 2317 Wickdale Court be allowed to
encroach 15 feet into the 25 foot rear yard setback. The proposed sunroom would be used as a Florida room.
The applicant contracted with Conner Home Improvements Inc. to build the addition and submitted for buildings
permits. But due to the 25' setback; the building permit was rejected.
The subject parcel is adjacent to a 25 foot Conservation easement and a Stormwater pond located at the rear
of the property.
Discussion:
Accessory structures are cited in the following areas of the land development code:
Article 5, Section 5-4 (F) - Accessory buildings which are not a part of the main building may be built in the rear
yard but shall not cover more than thirty (30) percent of the rear yard.
Article 5, Section 5-4 (J) - Open porches may extend into the rear yard in residential districts provided that:
1) The open porch does not cover more than thirty (30) percent of the rear yard;
2) The open porch does not increase the maximum impervious surface of the lot to be greater than fifty
(50) percent;
3) The open porch is no closer than seven and one-half (7'Y2) feet to the rear lot line and no closer than
seven and one-half (7'Y2) feet to either side lot line; and
4) The open porch does not extend into any utility, drainage or landscape easement or conservation area.
Article 2, Section 2-4 (241) -The definition for a porch: A roofed-over space, with the roof impervious to weather,
attached to the outside of an exterior wall of a building, which has no enclosure other than the exterior walls of
such building. Open mesh screening shall not be considered an enclosure.
Article 5, Section 5-6 B - which states in part:"... .No separate accessory building shall be located within five (5)
feet of any other building. In residential districts, utility or accessory buildings will be no closer than five (5) feet
to the rear lot line and five (5) feet to the side lot line...."
The proposed sun room addition is considered a room addition to the main residence and not an accessory
building because the sunroom will be enclosed by glass windows on three sides. Also, the room will be
constructed to provide a climate controlled addition. Further, the building department policy for determining if a
structure is a patio is whether 51 % of the sides are enclosed by screen.
At first glance, the criteria for accessory structures indicates the code requirements are convoluted. The code
permits a detached accessory structure with a maximum height of 35 feet to maintain a five (5) foot rear yard
setback if said structure is separated five (5) feet from the main structure, but an accessory structure attached
to the house has to meet the district setbacks. If the proposed sunroom was built as a detached structure five
feet or more from the house, it could be permitted.
Staff recognizes the inconsistencies of the code and attempts to apply them as liberally as possible to allow
wiggle room to avoid variances. A rear yard variance from 25 feet to 16.6 feet was approved for a parcel in this
same subdivision last year.
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 property currently contains a single-
family residence and a screened in patio meeting Subsection 5-4.J. (3) of the Ocoee LDC.
(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 LDC.
(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 David & Vivian Martinez for a rear yard setback variance from 25 feet to 10
feet for an enclosed sunroom addition was reviewed at a Public Hearing by the Board of Adjustment on August
2
14, 2008. The Board of Adjustment voted 5-0 to recommend approval of the variance request. The Board of
Adjustment based the recommendation for approval on the fact that a variance to the rear setback had already
been approved in 2007.
Staff Recommendation:
Based on the above report, staff does not believe the variance requested by David & Vivian Martinez is
supportable. 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 buildina; and
. The granting of the variance will not be in harmony with the general purpose and intent of these
regulations and will be iniurious to the surrounding territory, or otherwise be detrimental to the public
welfare.
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
HOA Approval Letter
Building Elevation of Addition
Copy of Plat
Pictures
Letter of Support from Adjacent Neighbors
BOA Minutes
Type of Item: (please mark with an "x')
X Public Hearing
Ordinance First Reading
Ordinance Second Reading
Resolution
Commission Approval
Discussion & Direction
For Clerk's DeDt Use:
_ Consent Agenda
_ Public Hearing
_ Regular Agenda
_ Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by 0
N/A
N/A
N/A
3
.
Location Map for 2317 Wickdale Court
Request for Rear Yard Setback Variance
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Cross Creek
Architectural Review Committee
GENERA:L SUBMITTAL FORM
This form must be completed by the homeowner and approved by the Architectural Review Committee BEFORE any work commence~
Please refer to your Declaration of Covenants & Restrictions Article for a description of the ARC and its purpose.
Homeowner's Name: f}CtU,' 6 m &,'1"',," ; tle-L
Street Address: ;J, J, J '1 \ J.. ~; (', K 61.)\\'( {' ;\-
Phone # 407- 'if 77 - '6(;; 1.-J5
. 01' oe~. FL .3 ~7(J J
,
Mailing Address (if different than above):
c::.CLW\e
Homeowner's Signature:
Form Completion Date: j J :J5 J 0 ~
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1. Plot Plan*; Include a copy of your plot plan showing the accurate location and dimensions of the work being
requested with respect to the house and property lines.
2. Drawinas/Soecifications*: Be sure to include documentation showing locati.on, g[
size & dimensions (HxWxL), type, materials used and color(s) being used: \ -k
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3. Start Dateidltl') f)lil,..,;+- L~. Comoletion Date: est
I R ec..J.'-1
6. Tvoe/Structure: (Check type being submitted)
A. Fence**: _
Type: Pr ssure Treated W09d Board-pn-Board
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B. Room A dition/F-orcn Enclosure <__
C. Pool & Screen Enclosure
D. Landscaping
E. Painting
F. Other:
de, elevations, shape,
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4 ~ 5 ai's. Contractor: to'f\'l",.;/1f \-k;'Y\~ .:Ir."\fll'V\..
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(include Picture of STYLE.)
Use Paintina Submittal Form
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*Refer to your covenants and the ARC Guidelines document regarding current approval standards. If you do not include
ALL of the required specifications, your request will be DENIED.
*"'Reminder: The good side of your fence must be on the outside facing the street and your neighbors, 6 ft. required
height, no picket fences.
This approval/disapproval does not verify compliance with building, zoning, or other County/City Codes. You must apply for
a p.ermit from the Ocoee Building & Zoning Dept. 407-656-2322 and submit your request to the Architectural Review
Committee.
Forward To:
Cross Creek of OCoee
ARC Submittal
P.O. Box 7
Gotha, FL 34734
Approved By ARCq}O
Denied By ARC
Mgmt. Company Rec'd Stamp
ARC Rec'd Stamp
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Lns
Date
~~/
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Received ARC
By
Date
I L 1-) \ 7 --Z-co'iO"it"l.,-1-
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04-26-05
Cross Creek
Architectural Review Committee
SUBMITTAL APPROVAL/DENIAL SHEET
Date Received By ARC:/ 4/04/08
Homeowner's Name: Martinez. David
, Date Reviewed by ARC:I 4/22/08
Address:
Mail Address:
2317 Wickdale
ARC Request 10#: Wic2317-20080422-2
Thank you for submitting a request to the ARC for:
Florida room addition
Your request has been:
APPROVED* ~ COMMENTS/STIPULATIONS:
* Approval is valid until "U.r 0 . If work is not complete by then, the approval expires and you must resubmit your
request for approval.
DENIED COMMENTS/REASON(S):
Cross Creek HOA Board Member Signature:
s~ ,.-<(
~~*g
(l:5ate) ,
04-26-05
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Dear Neighbor,
We would like to add a sunroom to the back of our house. The addition will extend 15
feet, which is ~ feet into our 25 foot variance. The City has asked that we provide a letter
stating that our neighbors do not have a problem with this. We are asking that you please
provide your address, print and sign your name if you do not have any problems with our
request. The Board of Adjustments meets on June 19th, and the City Commission meets
on July 1 st if every thing is approved, we should start construction the second week of
July with a completion date approximately six weeks later.
Thank you,
David and Vivian Martinez
2317 Wickdale Court
Address: J..) ,t.:1'" WI G,~7UAS \ ~-
Printed Name: ~;::::::;
Signature: ___
-
Dear Neighbor,
We would like to add a sunroom to the back of our house.' The addition will extend 15
feet, which is "4 feet into our 25 foot variance. The City has asked that we provide a letter
stating that our neighbors do not have a problem with this. Weare asking that you please
provide your address, print and sign your name if you do not have any problems with our
request. The Board of Adjustments meets on June 19th, and the City Commission meets
on July 1 st if every thing is approved, we should start construction the second week of
July with a completion date approximately six weeks later.
Thank you,
David and Vivian Martinez
2317 Wickdale Court
Address: dS'O '7 I.)J'O{'v+f-f Cr:
~nledName: ~ LV,~
Signature: ~ kit ~
. .\
MINUTES OF THE BOARD OF ADJUSTMENT
REGULAR MEETING HELD AUGUST 14,2008
CALL TO ORDER
Chairman Resnik called the meeting to order at 6:00 p.m. in the Commission Chambers
at City Hall. Member Colburn led the Invocation and Chairman Resnik led the Pledge
of Allegiance to the Flag. The Clerk called roll and declared a quorum.
PRESENT: Chairman Resnik, Members Colburn, Warren, Wilsen (arrived at 6:02
p.m.), and Alternate Member Elliott. Also present were Principal Planner Rumer, and
Deputy City Clerk Sibbitt.
ABSENT: Member Cox was absent unexcused.
APPROVAL OF MINUTES - JULY 19,2007
Member Warren, seconded bv Chairman Resnik. moved to approve the minutes of Julv
19. 2007. Motion carried 5-0.
NEW BUSINESS
MARTINEZ - VR-08-003 - 2317 WICKDALE COURT
Principal Planner Rumer presented exhibits and the staff report for the Martinez
Variance located at 23 17 Wickdale Court.
. BACKGROUND
This variance application requests that a proposed sunroom addition at 2317 Wickdale
Court be allowed to encroach 15 feet into the 25 foot rear yard. setback. The proposed
sunroom would be used as a Florida room. The applicant contracted with Conner Home
Improvements Inc. to build the addition and submitted for building permits. Due to the
25' setback the building permit was rejected. The subject parcel is also adjacent to a 25
foot Conservation Easement and a Stormwater Pond located at the rear of the property.
RECOMMENDATION .1'
Staff does not believe the variance requested by David and V~ian Martinez is
supportable. Should the Board of Adjustment 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.
DISCUSSION
Member Wilsen inquired if there were similar variances in this subdivision. Principal
Planner Rumer stated last year they had a variance request for a setback of 25 feet to 14
feet. Member Wilsen inquired if any of the neighbors objected to the variance.
Principal Planner Rumer stated they submitted a letter from each of their neighbors and
no one is present to object.
.1
Board of Adjustment Regular Meeting
August 14,2008
Member Colburn stated he feels like a precedent has been set and there is not much
decision needed. Principal Planner Rumer added that the City has a maximum
impervious requirement on a lot and with this addition the applicant is still under the
maximum allowed impervious.
The Public Hearing was opened, and as no one wished to speak, the Public Hearing
was closed.
Member Colburn. seconded bv Member Wilsen. moved to recommend to Citv
Commission the ap.TJroval of the request for Martinez Variance. Motion carried
unanimouslv.
MARY LOU CHANDLER - VR-08-004 - 1401 RIDGEFIELD AVENUE
Principal Planner Rumer presented exhibits and the staff report for the Mary Lou
Chandler Variance located at 1401 Ridgefield Avenue.
BACKGROUND
This variance application requests that a shed located at 1401 Ridgefield Avenue be
permitted to encroach two feet into the five foot side yard setback. The shed is 12x14 and
is required by code to be located a minimum of 5 feet from the side yard setback. The
applicant contracted with a company to install a shed in the rear yard. The shed was
placed and affixed at a distance of three feet from the side yard property line instead of
the required five feet. The applicant is in the building permit process and approval is
contingent upon receiving a variance or relocating to the five feet minimum setback.
There will be no electrical added to the shed and there is no Homeowner's Association
involved.
RECOMMENDATION
Staff does not believe the variance requested by Mary Lou Chandler is supportable.
Should the Board of Adjustment make a finding contrary to staff's i~l~retation of the
code, staff recommends that any approval be conditioned on factual intrrpretation of code
requirements, and public testimony related to such provisions.
DISCUSSION
Member Colburn inquired if this shed was replacing an existing shed that was already
there. Principal Planner Rumer stated the previous shed was three feet from the
property line but it appears on the survey that it was less than 120 feet in size. He further
stated the previous shed may not have been permitted before. The applicant simply
replaced the old shed with a newer larger shed and affixed it to the ground. Member
Warren inquired how the shed was affixed to the ground. Mary Lou Chandler,
2
. \
Board of Adjustment Regular Meeting
August 14,2008
applicant, stated the shed is anchored with four 4x4' s underneath and eight earth anchors
drilled into the ground as well as three feet of cement. She added that the previous shed
was very flimsy and she replaced it because she has a severally handicapped son and
needed the shed for storage for diapers and other medical supplies. Ms. Chandler stated
she asked her neighbors ahead of time and they did not have a problem with it.
Chairman Resnik inquired if she received a permit. Principal Planner Rumer stated
that during the building permit process one of the rejections was that she needed to
receive the variance before they would approve the permit. Ms. Chandler briefly
explained that she had submitted for the permit before the shed was delivered not
knowing there would be any issues; when the shed was dropped off they put it in the
same place and went ahead and anchored everything down. When she called for her first
inspection is when she realized there was an issue. She then applied for the variance.
Member Colburn inquired if a permit is required just to replace an existing shed with a
newer shed. Principal Planner Rumer stated a permit is required due to hurricane
requirements needing to be met.
The Public Hearing was opened, and as no one wished to speak, the Public Hearing
was closed.
Member Warren. seconded bv Alternate Member Elliott, moved to recommend to City
Commission the ap]Jroval of the request for Mary Lou Chandler Variance. Motion
carried unanimouslv.
COMMENTS
Principal Planner Rumer announced they would be beginning their Evaluation
Assessment Process of their Comprehension Plan and will be having some visioning
meetings. Announcements regarding the meetings will be sent out to various boards and
HOA's to have people attend.
~
;~
ADJOURNMENT
The meeting adjourned at 6: 17 p.m.
Melanie Sib bitt, Deputy City Clerk
John Resnik, Chairman
3
Copy of Public Hearing Advertisement
Date Published
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Advertisement
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thereafler
os possib e. 0 the ~oee
City Commission Chom-
bers;150' N Lakeshore
~;;v~o ~g~~:r l~h~dDp.\?t~~
of David & Vivian Martinez
for a variance according to
the provisions of Article iV,
subsection 4-9 of the City of I
Ocoee Land Development
(ade.
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~~g~rJhtp~[~i~~ I~~~mr.
cation Number (PIN) Is 32-
,22-28-1854.00-030. The appli-
cant is requesling a rear
~r~l"~~f~ 1~;I~;ea I~~~
posed room addition.
Interested parties may ap-
pear at. the cited meeting
and be heard with respect
to the proposed variance.
J~110n~~~~I~si~~~eu"b~r~~
4.9 B. (1) 01 the Clfy 01
Ocoee Land Development
~~ea~i~~; ~i~eo?P8~~~
Staff Report may be exam.
Ined at the Planning De.
~~\r~n~e I~a~~:~ li~d~IJr.
ed above. between. the
hours 01 8:00 a.m. and 5:00
p.m., Monday-FridaY, ex.
cept legal holidays..
The Ocoee City Commission
may conlinue the pUblic
hearing to other dates and
times. os they deem neces-
sary. Any interested POrty
shalt.be advised thai the
dates;. times, and piacesaf
continuation 01 these or con.
tlnued public hearlnps shall
be annJlunced dUring the
hearing and that no lurther
nolices regarding these
matters .wlll be published.
You are advised fhat any
person who desires to ap-
peal any decision made at
~~:l~bi~~o~~a.ri~~~ ~~~!
ceedlngs and lor this pur-
r~~f am~Uaet~~ t~ece~r~u~,
the proceedings is made
which includes the testima-
ny and evidence upon which
the appeal Is based.
Persons with disabilities
needing assistance to par-
ticipate in any af theSe pra-
~;tigrer~O~~:~~
in advance 01 the meeting
at 407.905-3105.
Beth Eikenberry, City Clerk
OLS809270 August 71. 2008
,
..