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Home My WebLink AboutItem #13 Hill Variance AGENDA ITEM COVER SHEET Michael Rumer ~~ Meeting Date: November 4, 2008 Item # _13 Reviewed By: ~~ Department Director: {A Development Services Director: City Manager: HJV- ---- Contact Name: Contact Number: 407 -905-3100/1018 Subject: Daniel Hill Variance Application # VR-08-005 478 Little Aspen Ct Commission District # 1 - Gary Hood Issue: Should the Mayor & City Commissioners approve a variance request by Daniel Hill for a rear yard setback variance from 25 feet to 17 feet for a proposed sunroom addition and a rear yard setback variance from 25 feet to 21 feet for a bathroom addition? Background Summary: Content of Variance Reauest This variance application requests that a proposed sunroom addition and bathroom addition at 478 Little Aspen Court be allowed to encroach into the 25 foot rear yard setback established by the zoning district. The applicant's intent is to construct the bathroom addition for immediate use and the sunroom would be constructed at a future date. The applicant consulted with the Building Department on the requirements for making the addition and was informed that due to the 25' setback; a variance would be required. 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'lh) feet to the rear lot line and no closer than seven and one-half (7'lh) 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...." 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. Similar Variances have been approved by the City Commission within the past two years. 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 meeting all setbacks. (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 Daniel Hill for a rear yard setback variance for a rear yard setback variance from 25 feet to 17 feet for a proposed sunroom addition and a rear yard setback variance from 25 feet to 21 feet for a bathroom addition was reviewed at a Public Hearing by the Board of Adjustment on October 16, 2008. The Board of Adjustment voted 4-0 to recommend approval of the variance request. The Board of Adjustment based the recommendation for approval on the fact that similar variances have been approved by this board and the City Commission. 2 Staff Recommendation: Based on the recommendation from the Board of Adjustment, staff does not object to the variance request by David Hill for a rear yard setback variance from 25 feet to 17 feet for a proposed room addition and a rear yard setback variance from 25 feet to 21 feet for a bathroom addition. Should the City Commission make a finding recommending the approval of the variances requested, such recommendation should be conditioned on factual interpretation of code requirements and public testimony related to such provisions. Attachments: Location Map Surrounding Zoning Map Site Plan Aerial Pictures October 16, 2008 Board of Adjustment Meeting Minutes Type of Item: (please mark with an "x') X Public Hearing Ordinance First Reading Ordinance Second Reading Resolution X 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. 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LAND SURVEYORS DATE OF: BOUN DARY ~/tIJ-~/ FOUND 4-Z0-8/ FINAL ?-/..;'.// 636 N. WYMORE ROAD WINTER PARK, FLORIDA 32789 (305) 647.7346 ,--' REG. LAND SURVEYOR NO. ~---, Aerial 2007 Q I MINUTES OF THE BOARD OF ADJUSTMENT REGULAR MEETING HELD OCTOBER 16, 2008 CALL TO ORDER Acting Chairman Colburn called the meeting to order at 6:03 p.m. in the Commission Chambers at City Hall. Following a Moment of Silent Meditation and the Pledge of Allegiance to the Flag; the Clerk called roll and declared a quorum. PRESENT: Acting Chairman Colburn, Members Warren, Wilsen, and Alternate Member Elliott. Also present were Zoning Inspector Dunsford, and Deputy City Clerk Sibbitt. ABSENT: Chairman Resnik and Member Cox were absent excused. APPROVAL OF MINUTES - AUGUST 14,2008 Member Wi/sen, seconded bv Member Warren, moved to avvrove the minutes of Auzust 14, 2008. Motion carried 4-0. OLD BUSINESS Board Members inquired if the variances from the last meeting were approved by City Commission. Zoning Inspector Dunsford stated he was not aware but Deputy City Clerk Sib bitt stated she is pretty positive that it was approved. Members asked if for future meetings they could be informed as to what the City Commission decides on variances they make recommendations on. NEW BUSINESS HILL - VR-08-005 - 478 LITTLE ASPEN COURT Zoning Inspector Dunsford stated he is filling in for Principal Planner Rumer who was not able to be present tonight. Mr. Dunsford presented exhibits and the staff report for the Hill Variance located at 478 Little Aspen Court. BACKGROUND This variance application requests that a proposed sunroom addition at 478 Little Aspen Court be allowed to encroach on the 25 foot rear yard setback established by the zoning district. The applicant's intent is to construct the bathroom addition for immediate use and the sunroom would be constructed at a future date. The applicant consulted with the Building Department on the requirements for making the addition and was informed that due to the 25' setback; a variance would be required. RECOMMENDATION Based on several findings, staff does not object to the variance requested by David Hill for a rear yard setback variance from 25 feet to 17 feet for a proposed room addition and a rear yard setback variance from 25 feet to 21 feet for a bathroom addition. Should the Board of Adjustment make a finding recommending the approval of the variance requested, such recommendation should be conditioned on factual interpretation of code requirements, and public testimony related to such provisions. Board of Adjustment Regular Meeting October 16,2008 DISCUSSION Acting Chairman Colburn inquired if similar variances have previously been passed and if the neighbors object to the construction of the structures. Zoning Inspector Dunsford stated he has not heard of any objections and there have been similar variances that have been approved in the past. Dan Hill, 478 Little Aspen Court, stated he is asking for the variance for his wife who is handicapped and has been in a wheelchair for about 6 years. He stated the current bathroom is not really functioning, which is why they are requesting a variance. Member Wilsen inquired if a professional contractor would be doing the work. Mr. Hill stated he is hiring a professional. 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 aporoval of the reQuest for Hill Variance. Motion carried unanimouslv. OTHER BUSINESS - None COMMENTS Acting Chairman Colburn commented that this is the first time since he was appointed to the board that staff has not objected to the variance request and was a little puzzled as to why they had to meet. He stated that Development Services Director Shadrix clarified to him before the meeting that the code requires all variances to be heard by the Board of Adjustment. ADJOURNMENT The meeting adjourned at 6:09 p.m. Melanie Sibbitt, Deputy City Clerk John Resnik, Chairman 2 L