HomeMy WebLinkAboutItem #08 Keen Variance - 1104 Doreen Ave.
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AGENDA ITEM COVER SHEET
Meeting Date:
Item #
July 06, 2010
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Contact Name:
Contact Number:
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Michael Rumer
Ext. 1 018
Reviewed By:
Department Director:
City Manager:
Subject: Maggie Keen
Variance Application # VR-1 0-02
1104 Doreen Ave
Commission District 1 - Gary Hood
Background Summary:
Content of Variance Request
The applicant, Maggie Keen is under a City of Ocoee code violation for construction of an room
addition without pulling building permits. The applicant enclosed an existing screened porch with
masonry block. The property contains a shed that is located 2.8 feet from the screened porch (see site
plan). The existing separation of the shed and the screened porch is permitted by code. The City's
Land Development Code, Section 5-6, Article V (B); states... No separate accessory building shall be
located within five (5) feet of any other building. Once the applicant enclosed the screened porch, the
accessory building violates the code stated above.
The applicant is complying with the code violation by pulling the required building permits for the room
addition. The first step in the building permit process is receiving zoning approval for setbacks, which
is contingent upon the variance request.
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.
No special conditions exist.
(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 LOG.
(3) That the special conditions and circumstances do not result from the actions of the applicant.
1
The shed which is over 300 sq. ft. existed on the property before the applicant purchased property.
(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 request by Maggie Keen for a variance to the minimum five (5) foot setback between the main dwelling unit
and the accessory use structure for a room addition was reviewed at a Public Hearing by the Board of
Adjustment on June 17, 2010. The Board of Adjustment voted 3-1 to recommend approval of the variance
request.
Issue:
Should the Mayor & City Commissioners approve a request by Maggie Keen for a variance to the minimum five
(5) foot setback between the main dwelling unit and the accessory use structure for a room addition to the main
dwelling unit from 5 feet to 2.8 feet?
Recommendations
Staff recommends the Honorable Mayor and City Commissioners approve the variance to the minimum five (5)
foot setback between the main dwelling unit and the accessory use structure from five (5) feet to 2.8 feet with a
condition that the existing shed be considered non-conforming as of the date of this variance. The existing shed
would no longer be able to be improved and a replacement shed would have to meet all applicable setbacks of
the zoning district.
Attachments:
Aerial
Location Map
Site Plan
Pictures
Financial Impact:
N/A
Type of Item: (please mark with an "x'j
X Public Hearing
Ordinance First Reading
Ordinance Second Reading
Resolution
X 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
N/A
N/A
N/A
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by 0
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DESCRTPTlON AS FURNISHED: Lot ,J78, PEACH LAKE: MANOR UNIT FOUR, as recorded in Plot Book
X, eage 1,38 of the. {:Jublie Reco~ds of Orange County, f--Iorido.
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BOfJ1'!DAF?Y SURVEY FOR / CER'JIIF'JED TO: Maggie Jones; North American Title Company; Westcor
Land Title CompClI1Y; BanI<' of America, N.A.
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__.copy of Public Hearing-Advertisement
Date Published
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. FIRST INSERTION
I -----
CITY OF OCOEE
NOTICE OF PUBUC HEARING
REGARDING REQUEST FOR VARIANCE
APPLICANT: MAGGIE KEEN
CASE NUMBER: VR-1O-02
NOTICE IS HEREBY GIVEN, thatthe OCOEE CITY COMMISSION will
hold a PUBLIC 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 Maggie
Keen for a variance according to the provisions of Article IV, subsection 4-9
of the City of Ocoee Land Developmeni Code.
Action Requested: The parcel is located at 1104 Doreen Avenue. The Orange
Count)' Property Appraisct' IdentifiCatlon Number (PIN) is 08-22-28-6767-
03-780. The applicant is requesting avariance to the minimum five (5) foot
setback between the main dwelling unit and the accessory use structure for
an addition to the main dwelling unit. .
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. (1), and page
180.4.43 of the City of Ocoee Land Development Code. A copy of the appli-
cation and the City of Oooee 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 Commission 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 will 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 City Clerk's Office 48 hours in advance of the meeting at
(407) 905-3105.
June 24, 2010
1O-1649W