HomeMy WebLinkAboutItem #12 Stringer Variance
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AGENDA ITEM COVER SHEET
Contact Name:
Contact Number:
Meeting Date: July 7, 2009
Item # ~J
. 7t16l. Reviewed By: ~
Michael Rumer Department Director:
Ext. 1018 City Manager: _______________
Subject: Megan Stringer
Variance Application # VR-09-02
325 Springfoot Court
Background Summary:
This variance application requests that a proposed replacement fence at 325 Springfoot Ct. be
granted a side street setback variance from 15 feet to 0 feet. The existing fence located on the
property line was approved in May 2001, under building permit 0006416.
Fences are cited in the following areas of the land development code:
Article 5, Section 5-4 (B) - Fences, walls and hedges in residential districts may be erected in any
required yard, or along the edge of any yard, provided that street corner visibility requirements of this
Code shall be met, and provided further that no fence, wall or hedge located in front of the front
building line shall exceed four (4) feet in height, and no other wall or fence shall exceed six (6) feet in
height.
Article 5, Section 5-4 (H) - On any corner lot on which a front and side yard is required, no wall, fence,
sign, structure or any plant growth which obstructs sight lines at elevations between two (2) feet, six
(6) inches and ten (10) feet above any portion of the crown of the adjacent roadway shall be
maintained in a triangle formed by measuring from the point of intersection of the front and exterior
side lot lines a distance of twenty-five (25) feet along the front and side lot lines, and connecting the
points so established to form a safe sight triangle on the area of the lot adjacent to the street
intersections of minor and collector.
The City passed Ordinance 2007-025 in 2007 creating section 5-4.1 in the Land Development Code
which grandfathered fences erected prior to January 1, 2000 as legal non-conforming structures.
Grandfathered fences are allowed to be repaired and replaced in the location they were constructed.
The existing fence does not meet the grandfathering criteria as it was permitted in May of 2001.
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.
The requested variance does not contain any special conditions on the land.
(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.
Other properties in the City have grandfathered fences erected prior to January 1, 2000.
(3) That the special conditions and circumstances do not result from the actions of the applicant.
The existing fence was permitted in May 2001, under regulations that permitted fences on the
property line on any corner lot on which a front and side yard is required and when two corner lots
have abutting rear yards. The special conditions are a result of the date selected for granting a
"grandfathering" of existing fences.
(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 Megan Stringer for a side street setback variance from 15 feet to 0
feet was reviewed at a Public Hearing by the Board of Adjustment on June 18, 2009. The Board of
Adjustment voted 5-0 to recommend approval of the variance request since the fence was originally
permitted in 2001.
Issue:
Should the Mayor & City Commissioners approve a variance request by Megan Stringer for a side
street setback variance from 15 feet to 0 feet for a replacement fence?
Recommendations:
Based on the findings stated above, staff does find the variance requested by Megan Stringer
supportable and recommends the Mayor & City Commissioners approve a variance request for a side
street setback variance from 15 feet to 0 feet for a replacement fence. Should the City Commission
make a finding consistent to staff's, 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
Aerial
2
Letter from Applicant
Pictures
Financial Impact:
N/A
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 Deaf 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
N/A
N/A
N/A
3
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PLAT
OF
BOUNDARY
SURVEY
LOT 27. PLAT OF SOllTH SPRINGDALE REPLAT PHASE ONE. AS RECORDED
IN PLAT BOOK 7, PAGES 125-126, OF THE PUBLIC RECORDS OF ORANGE COUNlY, FLORIDA.
) - :rJ -tJ (
jJ-S
COURSE
l-1
l-2
DELTA
40'43" 1M
90'00'39
RADIUS
509'
3',06'
TANGENT
20,33'
3M7'
ARC
38.9"
53.51'
CHORD SEARING
S 68'42'02'E
S 03'20'23'E
o
SPRINGFOOT COURT
+-
50' RIGHT-OF-WAY (P)
'FND ,. IRON
IPE (NO 101)
WOOD POST----~
FENCE U'~
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LOT 28 ......~..
=",
FND 112M ROO ~
I< CAP (NO IDU)
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f" PAV(l.4ENT
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LOT 26
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CERTIFICATION TO:
DANIEL HASSEL
t - f(J~.t {CJ0B'Y
, tit 01/;4.(./
SURVEYOR'S NOTES: {)1,/!
1. lHE SURIIETOR OlO NOT PERfCRw' M ABS'TRACT Of tm.E, TrIE I.BM RlirYcm PROPERTY !.lAy BE SUBJECT TO '
momoNAL. fASEWENTS. RIGHTS-OF-WAY AND RESTRlcnONS Of RECORD, IF mi.
2.. lEGAL PRCMOEO BY CUENT.
3. SUBJECT PROPERTY N1PEAAS TO UE WITHIN ZONE C, ACCORDING TO lHE FJ.R.t.A. J,A)p1 120179-0175 C, DATED JUNE 15. 1984.
., UNDERGROUND UTlUTlES AND/OR I~PR<MlAEHTS m<E NOT lllCATEO EXCEPT /oS NorED,
5. BUILDING TIES SHOIJ.D NaT BE USED TO REESTABUSH BOUNDAR'( UNES.
fl. ~~rib~:SU~~ :=:~~O~:;u~. WllHOUT THE SIGNATURE AND TrlE ORlGI~ fWSED SEAL
7. BfAAINGS SHOWN HEREON ARE eASED ON THE WEST UNE OF LOT 27 BEING NOO'5ei'23.E PER PLAT.
0/
DATE: 4/20/99
Date
SCAL.E: ,- - 30'
CAl. BY: GH
DRAWN BY: GH
f'3PBiiO~ ~ 9rJ1J9
Revisions
~ ATLANTIC SURVEYING, INC.
Il 730 EAST PlANT STREET
I WINTER GARDEN, FLORIDA 34787
(.D7) 656-4993/FAX (.07) 656-4437
UCENSEO BUSINESS 16915
I---
Megan L Stringer
325 Springfoot COUlt
Ocoee, FL 34761
(407) 656-9791
meganstringer@embarqmail.com
April 29, 2009
Board of Adjustment & City Commission
City of Ocoee
150 N Lakeshore Drive
Ocoee, FL 34761
Dear Board of Adjustment and City Commission,
Please consider my application for a variance regarding Section 5-4.1 (Fences) of Chapter 180 of
the Code of Ordinances of the City ofOcoee, Florida (the Land Development Code).
I need to replace an existing fence permitted & constructed in May 2001 by the previous
homeowners. I would like to construct a new fence at approximately the same location (on my
property line) and feel that it is safe to do so for the following reasons:
The existing fence built in 2001 sits back approximately fifty feet from the stop sign on
Springfoot Court, providing for clear sight down Little Spring Hill Drive. The stop sign for the
next cul-de-sac is still clearly visible, as seen in the photo.
Little Spring Hill Drive curves away from my fence line and allows for a clear view of oncoming
traffic for approximately ~ mi.
The neighboring property directly behind my property also has a fence that is along the same
sight line. The removal of my fence to comply with the ordinance would not changc the fact that
approximately forty feet offence would still stand in view of traffic at the Springfoot Ct stop
Sign.
For years, a school bus stop has been located at this comer indicating that the Orange County
Public School Board & Florida Department of Education dccm this comer an acceptable location
for children, in spite ofthe where the existing fence is located (S66-f)Rete-).
In addition, without a variance, I would loose approximately 1200 sq. feet of fenced property in
my backyard, lowering the resale value and curb appeal of my home.
Respectfully,
M~~:--
Copy of Public Hearing Advertisement
Date Published
Orlando Sentinel
THURSDAY, JUNE 25, 2009 09
Advertisement
em OF OCOE
NOTICE OF PUB
REGAROING
VARIANCE
MEG
NU
NOTICE IS HEREBY
the OCOEE CITY
will hOld a PUBU on
: TlJESDAY, JULY 7. 7:15
f P.M. or as soan thereafter as
S possible, at the Ocoee Cltv
. Commission Chambers. 150
n N Lakeshare Orlve, Ocoee,
o Florida, in order to consider
r the petition of Megan I
e Stringer for a variance oe-
1. cording to the provisions of
Article IV, subsection 4-9 of
IF the Citv of Ocoee Land De-
~ velopme}'t Code.
I. Action Roque.ted: The parcel is
.Y located at 325 Springfoot
,. Court. The Orange Countv
I. Propertv Appraiser Identifl-
.1 cation Number (PIN) is 08.
B ~~-~r-n9~~~2~~ii~:eO a~~~I:
I. once to the side street set-
Y back from 15 feet to 0 feet
~: for an existing fence.
( Interested parties mav ap-
pear at the cited meeting
and be heard with respect
to !he proposed voriance.
ThIs notice is given pursu-
ant to Article IV, Subsection
4-9 B. (1), and page IBO.4.43
of the Citv of Ocaee Land
Development Code. A COpy
of the application and the
City of Ocoee Staff Repert
may be examined at the
Planninq Department lacat.
ed in City Hall at the ad.
dress indIcated above. be.
tween the hours of 8:00 a.m.
and 5:00 p.m" Manday.Fri-
day, except legal holidays.
The Ocaee City Commission
may continue the pUblic
hearing to .other dates and
ti mes, as they deem neces-
sary. Any interested party
shall be advised .that the
dates, times. and places of
continuation of these or con-
tinued public hearings shall
be announced during the
hearing and that no further
notices regarding these
matters will be published.
You are advised that any
person who desires to ap.
peal any decision made at
the publi'c hearings will
need a record of the pro-
ceedings and for this pur-
I pose mQY need to ensure
: i~~t paroW~~I~~s rFSca':;~do~ i
which includes the testimo-
ny and evidence upon which
the appeal is based.
Persons with disabilities
needing assistance to par.
ticipate in any Of these pro-
~1r~ i2?ir:~o~~i~~n131:o~~~
~1 ~7~~05:jlO~~ the meeting
Beth Eikenberry, City Clerk
OLS997273 6I2.If.1009