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Home My WebLink AboutItem #07 Garcia Variance - 733 Lyman Ave. center of GOOd LI ~ AGENDA ITEM COVER SHEET Contact Name: Contact Number: Meeting Date: Item # Michael Rumer1ilfL Ext. 1 018 July 06, 2010 7 Reviewed By: Department Director: City Manager: Subject: Garcia Variance Variance Application # VR-1 0-01 733 Lyman Ave Commission District 3 - Rusty Johnson Background Summary: Content of Variance Request The applicant, Jesus Garcia is requesting a side street setback variance from 25 feet to 18.27 feet for a proposed addition to the main dwelling structure. The room addition will be added to the rear of the existing dwelling structure. The structure was constructed in 1930 on a lot platted in 1925, in the Seegar Subdivision. The structure is considered by the City as a legally non-conforming since the structure does not comply with the required setbacks. The applicant intends to construct the addition to the rear of the dwelling structure. The addition will keep the same building setback as the existing structure. The applicant explained that the addition cannot be off-set to meet the 25 foot setback because of the location of the access door from the main dwelling. 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 existing single-family dwelling was constructed before the 25' side street setback requirement was established. (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. The applicant is subject to the same regulations as other properties with similar conditions under the LOC. (3) That the special conditions and circumstances do not result from the actions of the applicant. 1 There are no special conditions or circumstances. The applicant can position the addition to meet all applicable setbacks and still have reasonable use of the land. (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 variance request for a side street setback variance from 25 feet to 18.27 feet for a proposed addition to the main dwelling structure was reviewed at a Public Hearing by the Board of Adjustment on June 17, 2010. The Board of Adjustment voted 4-0 to recommend approval of the variance request. Issue: Should the Mayor & City Commissioners approve a request by Jesus Garcia for a side street setback variance from 25 feet to 18.27 feet for a proposed addition to the main dwelling structure? Recommendations Staff recommends the Honorable Mayor and City Commissioners approve the variance request by Jesus Garcia for a side street setback variance from 25 feet to 18.27 feet for a proposed addition to the main dwelling structure. Attachments: Aerial Location Map Site Plan Pictures Type of Item: (please mark with an "x'j X Public Hearing Ordinance First Reading Ordinance Second Reading Resolution ~ Commission Approval Discussion & Direction For Clerk's Deot 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 O:\Staff Reports\201 O\SR 1 00006_MWR_CrestVariance_ CC.doc 2 9 Location Map 733 Lyman Ave. Variance L-- I I ~~'I'i' - 117" ~- ?' 1_ 733 Lyman Ave. r .- ,- - I I~o/ r~ _ IU _ ~~ Ej~ = == ~r ~ ~~~ ~LU.hn RJ~~~~~~ \ I -1-'1 " ~C'_II' /~. ~..,~ (~ r-Ljl"- III L1 VV ~.- -~-~.: G:; V I /i l~! = --<T--,=~ KI .- ~ ~O ~ - ,----, ~ --i G .., (/ f---1- --<L-; i .. L .:=' 'i ait- ~ ,---, ~ "1 / I ~ ~ r-"11111ll L-J --,:: ~ 1- ~~ _ II1II 1: " . iU~~I'~~~ l- ~ _.::t~.., r 1'~Wl - .e · - I I ~ ~ e-) j U LJ,J I I -r- \ ,.)a~land I I I l.e1a ~\ i a~ VI A~.~ '\ ..~ LAKE STARKE MAP OF SURVEY DESCRIPTION LOTS 2 & 3, BLOCK A, SEEGAR - SUB - DIVISION, AS RECORDED IN PLAT BOOK L, PAGE 122, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA. ~ ~ 0 0 l() '-- I- Lu Lu Q: l- ll) :<: "<:( ~ >- -J CB:I . (%~ j/' 'R a~ a ~ kll -Q 25' SET 1/2" I.R, LB #7084 ALSO rNO. 1/2" JR PLS 4J89 1.25' N. 2.05' E, 0.5' LOT 1 43' I 1.2' 6' WF 2.4' '-5' CLF 50' 0'",.0'",. JJ.~. " '" -0 -t,,<:.,..... <;0' LOT 2 4' - ~ ~ , .' jt \0 c.j Q) s:. ,~ 'J \:l lJ . c;.. '.J ~ w 18.27' VJ Uw ~~ G. o f<) 00 00 ~o ...., ... ...., 1 STORY FRAME ADDRESS #733 21,4 6.J' 4.2' J.l ' J' !<.,~'? , ~ . v: .,'0.1<'1- <1() .()<1 '0'1 '" oj 18.4' O:J 0) 50' "'i" r-...: ~- z " I~ ~ LOT 4 '~OT 5 FNO. J/4" /R . NO # WITNESS MONUMENT 1.12' N. 1.0' O.1J'IV. 102' DESC 1,8 5 LINE FOR SURVEY CLOSURE ONLY 100.88' M[AS LOTJ 11.7' - WOOD oj SHED 8.1' 11.7' '" " >- Z a '" '" => 3~ L>:l; >- . "'''' > a:> ~r..: <nO> '" e '" z :::; LOT 6 WOOD J' SHED u VJ Lu a 1"0 I~ ~I "1 10.7'., ~: "1 ...: : : I: 2.9" '.' . .~ cONe. : ;;j .DW'.' . , . ~. ". j , ,. .: .; I.. 59.05' r-... ex) "'o.O's. //.7~. o>"..~ -t"..... <;0' LINE FOR SURV[~ CLOSURE ONLY 0 8' 4.7' 102.01 MEAS ~~'---- - - .- - -52'- - - - - - " !~2' OESC :2 SET 1/2" I.R. LB #7084 WITNESS MONUMENT 2.00' E. 5' CLF TREE ON CORNER <0 0) E/P LYMAN STREET (FIELD) LYMAN A VENUE (40' R/W) (PER PLAT) )1.1'~ S. t-1 3 i~, ~'-V- ~~ ) Copy of Public Hearing Advertisement -- --- --- Date Published -rh\AY~ dcuf) JW\tl. c2..j.: ~e} D (,) 0 II fl\.<ll I Se c.:/-i Ct'\ C Advertisement FIRST INSERTION cm OF OCOEE NOTICE OF PUBUC HEARING REGARDING REQUEST FOR VARIANCE APPUCANT: MARIA FLORES DE G}.RCLA CASE NUMBER: VR-1O-01 . NOTICE IS HEREBY GIVEN, that the OCOEECm COMMISSION will hold a PUBUC HEARING on TUESDAY, "JULY 6, 2010 at 7.:15 P.M. or as soon thereafter as possible, at the Ocoee City Commission Chambers, 150 N Lakeshore Drive, Ocoee, Florida. in order to consider the petition of Maria Flores De Garcia for a variance according to the provisions of Article Iv; sub- section 4-9 of the City of Ocoee Land Development Code. Action Requested: The parcel is located at 733 Lyman Avenue. The Orange County Property Appraiser Identification Number (PIN) is 18-22-28-7900- 01-020, The applicant is requeSting'a side street setback variance from 25 feet to 18.27 feet for a proposed room addition. , Interested parties may appear at the cited meeting and be heard with respect to the proposed variance. This notice is given pursuant to Article IV, Subsection 4--9 B. (I), and page 180.4.4-3 of the City ofOcoee Land Development Code. A copy of the appli- cation and the City of Ocoee Staff RePort may be examined at the Planning' Department located in City Hall at the address indicated above, between the hours of 8:00 a.m. and 5:00 p.m., Monday-Friday, except legal holidays. The Ocoee City Conimission may continue the public hearing to other dates and times, as they deem necessary. Any interested party shall be advised that the dates, times, and places of continuation of these or continued public hearings shall be announced during the hearing and that no further notices regarding these matters win be published. You are advised that any person who desires to appeal any decision made at". the public hearings will need a record of the proceedings and for this purpose may need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal is based. In accordance with the Americans with Disabilities Act, persons needing a special accommodation or an interpreter to participate in this proceeding should contact the Ci~' Clerk's Office 48 hours in advance of the meeting at (407) 905-3105. . June 24, 2010 1O~1648W