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HomeMy WebLinkAboutItem #04 Creech Variance - 8 Sundial Key Meeting Date: Item # August 03, 2010 ~ Contact Name: Contact Number: Michael Rumer ~ Ext. 1 018 Reviewed By: Department Director: City Manager: ~~~ Subject: Creech Variance Variance Application # VR-10-03 8 Sundial Key Drive Commission District 3 - Rusty Johnson Background Summary: Lot Size: 1 00x40 or 4,000 sq. ft. Zoning: RT-1 Mobile Home Subdivision Setbacks: Front 20 feet, Rear 20 feet, Side 7.5 feet Content of Variance Request This variance application requests that a proposed replacement mobile home at 8 Sundial Key Drive be allowed to encroach 5 feet into the 20 foot rear yard setback established by the zoning district. The applicant's intent is to replace the mobile home constructed in 1967 with one that was constructed in 1985. The applicant consulted with the Building Department on the requirements for making the replacement and was informed that due to the 20' setback requirement, a variance would be required. Discussion: The subject property currently contains a mobile home constructed in 1967 that meets the 20 foot front and rear setback requirements. The existing mobile home does not meet the required 7.5 foot side yard setback on one side. The applicant proposes to replace the existing mobile home with one constructed in 1985. The replacement mobile home is titled at 65 feet with an actual measurement of 64 feet 4 inches long by 13 feet 6 inches wide. The replacement mobile home was inspected by the Ocoee Building Department and passed inspection. Staff is recommending support of the variance request for the following reasons: 1. The replacement mobile home is more modern and has been inspected to meet current codes. 2. The replacement mobile home will meet all side yard setback requirements, thus creating a safer distance for fire separation. 3. The lot is on the exterior of the subdivision and backs up to a vacant parcel and SR 429. The subject property is located in Pioneer Key II, which was recently rehabilitated by replacing potable water and sanitary sewer lines, and by rebuilding and resurfacing the roads and sidewalks. The replacement mobile home will help add more value to the neighborhood. 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. As stated in staff's reasons for supporting the variance, the lot is an exterior lot that backs up to a vacant parcel and SR 429. (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 existing mobile home does not meet the required 7.5 foot side yard setback. Replacing the mobile home will essentially switch the non-conformity and create a safer situation. (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 rear yard setback variance from 20 feet to 15 feet for a proposed replacement mobile home was reviewed at a Public Hearing by the Board of Adjustment on July 22, 2010. The Board of Adjustment voted 5-0 to recommend approval of the variance request. Issue: Should the Mayor & City Commissioners approve a request by James Creech for a rear yard setback variance from 20 feet to 15 feet for a replacement mobile home? Recommendations Staff recommends the Honorable Mayor and City Commissioners approve the variance request by James Creech for a rear yard setback variance from 20 feet to 15 feet for a replacement mobile home. Attachments: Location Map Aerial Site Plan Applicant letter Pictures 2 Type of Item: (please mark with an "x'J ~ Public Hearing _ Ordinance First Reading _ Ordinance Second Reading Resolution ~ Commission Approval Discussion & Direction For Clerk's Oeot Use: _____ Consent Agenda Public Hearing _____ Regular Agenda _ Original Document/Contract Attached for Execution by City Clerk _ Original DocumenUContract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Dept. 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II 7'_GN /9'_orf v '7 l Se.T .8/i-C,t,-- 5; i.::::,<:'tJ/J T f!6t4/f... /V -51.0 G :5-$/,():.:;- o I---::--::t loft. 8 Sundial Key Drive Ocoee, FI 34760 Pioneer Key Section Two 71145 Lot 8 BLK A 18-22-28-7126-01-080 JAM~~S J!)'l".ID Cf\fH~il: CREECH ----.-------------.---------.-- PO B,)x 578 ()(,~~(tai'cl( t~; ::~l~7 {,CI C:eH 3~~~1 :~3Ii 6f1::.rl \(C1\/3 Cell 32'\ .2~~1 68:25 l.tjcreec h@?fJ!.fr.cO!il hme 9, 2010 Michael W Rumer, Jr. Principal Planner 150 North Lakeshore Drive Ocoee, Fl34761 Dear Mr. Rumer, We are pursuing a variance for the mobile home to be placed on 8 Sundial Key in Ocoee. The trailer title has the recorded length as 65 feet. The actual measurements are 64 feet 4 inches long by 13 feet 6 inches wide. The variance requested would require the rear set back to be reduced from 20 feet to 15 feet 8 inches. The front will remain 20 feet as the sides are well with in the set back limits. Attached is additil;mal information with a site plan showing the trailer as it will be placed on the 40 feet wide by 100 feet long mobile home lot. Sincerely, James and Carrie Creech L~ Copy of Public Hearing Advertisement Date Published ,1~1 Y ;a, ,2(J1 () I ----rTI LA y.$ d (;~ \ J 7 ') Advertisement :,'j Action Roguo'llld: The parcel Is located' at 8 Sundial Ket Drive. The Orange ~~~n~u:;''i,'':r~r( ~I MPI~a\~~2!~8~g{i~~~:' 080. The applicant Is requesting a vari- ance to the rear yard setback tram 20 feet to 15 teet for the Installation of a replacement ~obi1e: ~ome. .l'o-"-~ "r ~~'. 0' Interested, parties maY appear at the" cited, meeting and be heard wlthre" spect ~to,t~~ pro~~e~_r v~~1~n[c7:. ':' This notlce'ls given 'pursuant to 'Article IV, subsectlan 4-9 B. (1), and page.. 180.4.43 of the Cltv of Ocaee Land De- velopment Code. A coPY of the, appll- g~~\O~g~d~h:x~::'Yn~~ ~r~~~ WI~~n~neg' Deportment located In City Hall' at the address Indicated above, belWeen the hours of 8:00 o.m-ond '5:00 p.m., Mon- dOY:Frl,~a,v, e,:,ce~.t ,I,!'9?1 h~lIdOYS,..."': The Ocoee city Com.nlsslon niOy'con, Ilnue the 'public hearing to other dotes and times, Qs::thev deem' necessary" Any Interested party shall be advised that the dotes, limes, and'places of continuation of these or' continued pub- lic hearings sholl be announced during the hearing and that no further notices r~~~~~ing.thes~ !"atter7 ,"'111' b~.p'~b.: _, p' ~I;.r.. li:. -., d~~r~~elo"~~~:a~ ~~~ d"e~lsro~~gd~~~ the publiC hearings will need 0 record of the proceedings and for this purpose, maY need to ensure that 0 verbatim record of ,the proceedings Is, made which Includes the testimonY' and evi, dence upon which !he ,app~1 Is bllsed., Persons with .dlsabllitles needing ~s- sistonce to participate In any of'these ' ~)~g,~d l:I'tli~es~u ~~u~~n;'~c':d~~~C~ I 'J the meeting at 407.~-3105.. Beth'EikenberrY. City Clerk COR10n632 7mn010