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Home My WebLink AboutItem #18 Chandler Variance lilt 2/~~t AGENDA ITEM COVER SHEET Meeting Date: September 2, 2008 Item # l~ Michael Rumer ?lJa 407 -905-3100/1018 Reviewed By: Department Director: Development Services Director: City Manager: Contact Name: Contact Number: ( Subject: Mary Lou Chandler Variance Application # VR-08-004 1401 Ridgefield Avenue Issue: Should the Mayor & City Commissioners approve a variance request by Mary Lou Chandler for a side yard setback variance from 5 feet to 3 feet for a shed exceeding 120 sq. ft.? Background Summary: Content of Variance Reauest The 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. Discussion: Accessory structures are cited in the following areas of the land development code: Article 5, Section 5-6 (B) - 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; provided, however, a shed no larger than 120 square feet and not located within a utility or drainage easement may be located no closer than three (3) feet to the rear lot line and three (3) feet to the side lot line. 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 contains sufficient room to meet the requirement. (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 Mary Lou Chandler for a side yard setback variance from 5 feet to 3 feet for a shed exceeding 120 sq. ft. was reviewed at a Public Hearing by the Board of Adjustment on August 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 the proposed shed was replacing an older shed. Staff Recommendation: Based on the above report, staff does not believe the variance requested by Mary Lou Chandler 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 buildino; 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 Building Elevation of Shed Pictures BOA Minutes 2 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 Deat 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 1401 Ridgefield Avenue Request for a Side Yard Setback Variance ~(\ \ ,K ./ --,j, 9; ~\ ~! e' \ :;'fV ~ m VI ~ ct ~.: -- c ) ~ C l:: () L---- ~ ~lIin:l ~ - SPRING LAKE F - Lulka~ 1:2 ." - ,.--- - ~ ~ - .~ en CD - 7?~ - :-- ~ " 'I [ CD - -r- C .r a - 11: ,... ~ \o",J . - u - u - ~ ~ r - u u.. u \~~ T () I , N a 1( jcl - e ~.i"t \ ~~'::\nlt~~r ~ l ~ I / \\ I ~ / (U (.) c: ns .~ ns > ~ (.) ns .Q ... 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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 Staff does not believe the variance requested by David and Vivian 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. 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 City Commission the approval of the request for Martinez Variance. Motion carried unanimous Iv. 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 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 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 J 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 Citv Commission the approval 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 Sibbitt, Deputy City Clerk John Resnik, Chairman 3 Copy of Public Hearing Advertisement Date Published ~ \ huT'S cla.() ~ VLS t L.-t f '7-ooB Advertisement Acti.. RlqulllId: The porcel is located at 1401. Ridgefleld ~~~~;iv T~~p~~?s~~efJ~~t7tr: cation Number (PIN) Is 16- ~~-~~"~~9~'~~~~i I~:eo a~fJ~ yard setba~ variance from 5 feet to 3 feet for a shed larger than 120 square feet. interested' parties may ap- pear at the cited meeting and be heard with respeel to the proposed. variance. This notice Is given pursu- ant to Article IV, 'Subsection 4-9 B. (1) of'the City of Ocoee Land Development fi~eQ~ cy~: ~flt~eo~P8~~ Staff Report may be exarn- ined at the Planning De- portment located in City Hall' at the address Indicot- ,d above, between. the hours of 8:00 ...m. and 5:00 ~e~.il:a~n~~rd~:~~aY, ex- I The Ocaee City Commission '~~~In~o ~6 i~rh~;~~t=~~I~~ '~~~~~'A~y t7~re~~~ 'll'J;t"Y shall be advised that the dotes, times" and places of continuation of these or COlT- ~~u~~.fouu~~e~e~~~r~g s7~~ hearing and that no further notices'regarding these matters will be published. You are advised that any person who desires to op. peal any decision mode at the public hearings will need a record of the pro- ceedings anet for this pur. pose may need to ensure that 0 verbatim record of ~'mc~r~T~3is~~el~e~~W~: ny and evidenc;e upon whlcn the appeal is bqsed. Persons withdi$Obilltles needing assistance to par- ticil>a1e In' OIlY of these pro- ~~'2?ir~~"1:~0~~ ~~ ~~~~rlor ~meetlng : Beth Eikenberry, Citv Clerk OLS809264 August 21, 2008