The URL can be used to link to this page

Home My WebLink About04-12-01 MINUTES OF THE BOARD OF ADJUSTMENT REGULAR MEETING HELD THURSDAY, APRIL 12, 2001 CALL TO ORDER Chairman Resnik called the meeting to order at 7:30 p.m. The roll was called and a quorum was declared present. Chairman Resnik led the Pledge of Allegiance to the Flag and Member Colburn led the invocation. PRESENT: Chairman Resnik, Vice - Chairman Savino, Members Colburn, Tice and Alternate Member Cox. Also present were Zoning Coordinator Harper, City Attorney Cookson, and Administrative Assistant II Maxwell. ABSENT: Member Almodovar (unexcused) and Wilsen (excused). APPROVAL OF MINUTES Vice - Chairman Savino, seconded by Member Colburn, moved to approve the November 30, 2000, Board of Adjustment Minutes as presented, Motion carried 5 -0. NEW BUSINESS CASE NO. 01VR -2001: SATCHELL Zoning Coordinator Harper read into the record the issue: Should the Honorable Board of Adjustment recommend to the Honorable Mayor and City Commission that the Applicant's three (3) variance requests be approved enabling the Applicant to construct an accessory building directly adjacent to the principal building/dwelling, in lieu of the 5' setback; permit the accessory structure on a lot that already exceeds the allotted 35% structural lot coverage and the 50% total maximum impervious surface coverage allowance; and permit a structure to be built within the 35' setback within the "natural resource" or "wetland" setback and/or 30' rear building setback. Zoning Coordinator Harper gave a detailed history of the case and the subject property is located at 116 Olympus drive in Lake Olympia Club Subdivision. Zoning Coordinator Harper stated the Applicant applied for a building permit on January 18, 2001, and was rejected on January 21, 2001, to erect a 12' x 12' deck with a roof and spa, to be built directly adjacent to his pool and the rear wall of his home. Zoning Coordinator Harper stated staff recommends denial of the Applicant's three (3) variance requests as they would be detrimental to the water quality of Lake Olympia and because the Applicant has made no showing of hardship, etc. as described in the four following threshold requirements that are specified by the L.D.C., Article IV, Section 4- 9, pages 18093- 18094, and if granted would have "the effect of nullifying the intent and N ola , purposes of these regulations." Board of Adjustment Regular Meeting _, Thursday, April 12, 2001 1. "Special conditions and circumstances exist which are peculiar to the land involved and which are not applicable to other lands. 2. That a literal interpretation of the provisions of these regulations would deprive the Applicant the rights commonly enjoyed by other properties with similar conditions; 3. That the special conditions and circumstances do not result from the actions of the Applicant. 4. That the granting of the variance requested will not confer on the Applicant any special privilege that is denied by these regulations to the other lands....under similar conditions." Zoning Coordinator Harper stated that in 1990/1991 the Ocoee City Manager made an administrative decision to allow swimming pools to be constructed within the easements in the Lake Olympia Club Subdivision. Discussion ensued. The Public Hearing was opened. Michael Jones, 1501 Adratic Drive, presented exhibits of the Applicant's property. Mr. Jones, stated that run -off water would run into the lake whether the structure was constructed or not. Mr. Jones also stated that Mr. Satchell has a letter from his doctor stating that this spa would be used for medical purposes. Discussion ensued. Nick Pagano, 201 Olympus Drive, President Lake Olympia Homeowners Association, stated that Mr. Satchell checked with the homeowners association to see if the spa would be permissible in the subdivision. Mr. Pagano also stated the homeowners association had no problem with the spa but Mr. Satchell was advised to get the required permits from the City of Ocoee. Discussion ensued. Jeff Hewitt, Hodgskin Outdoor Living, Inc., stated that Mr. Satchell purchased a therapeutic spa for his medical condition. Mr. Hewitt further stated that a therapeutic spa has as many as 65 jets and cost approximately $7,500. Discussion ensued. The Public Hearing was closed. Member Colburn, seconded by Member Tice, moved to recommend to the Honorable Mayor and City Commission denial of the three (3) variance requests based on staff recommendation that the variances requested did not meet the "special conditions" as outlined in the L.D.C. Motion carried 4 -1 with Member Cox voting no. 2 Board of Adjustment Regular Meeting Thursday, April 12, 2001 CASE NO. 03VR -2001: SMITH Zoning Coordinator Harper read into the record the issue: Should the Honorable Board of Adjustment recommend to the Honorable Mayor and City Commission that the Applicant's request be approved enabling the Applicant to construct an attached garage approximately 7.8' from the subject's rear property line in lieu of the L.D.C. specification of 25'? Zoning Coordinator Harper gave a detailed history of the case and the subject property is located at 890 Kimball Drive. Zoning Coordinator Harper stated the Applicant applied for a building permit application to build a 28' x 30' garage on December 8, 2000, but it was rejected on December 11, 2000. The building permit was rejected because the proposed garage would be approximately 7.8' from the rear property line, a 17.2'+ - intrusion into the rear yard. Mr. Harper stated the subject property is a corner lot but according to definitions 282 and 283 of the L.D.C., "the front yard shall be considered as parallel to the street upon which the lot has its least dimension...the rear yard shall be at the opposite end of the lot from the front yard." Zoning Coordinator Harper stated staff recommends denial of the Applicant's request to build the proposed 28' x 30' garage as it would be approximately a 17.5' intrusion into likor the 25' rear building setback. The Applicant has made no hardship, etc., as described in the four (4) following threshold requirements that are specified by the L.D.C., Article IV, Section 4 -9, pages 18093 - 18094, and if granted would have "the effect of nullifying the intent and purposes of these regulations." 1. "Special conditions and circumstance exist which are peculiar to the land involved and which are not applicable to other lands. 2. That a literal interpretation of the provision of these regulations would deprive the Applicant the rights commonly enjoyed by other properties with similar conditions. 3. That the special conditions and circumstances do not result from the actions of the Applicant. 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...under similar conditions." The Public Hearing was opened. `'`.r 3 Board of Adjustment Regular Meeting Nikiw Thursday, April 12, 2001 Applicant, Jerome Smith, presented an exhibit and stated he built the rear addition to the house in approximately 1984, built the burned down garage in 1987 and he was told by the City of Ocoee that no permit was needed for the additions. Vice - Chairman Savino asked Mr. Smith "for the record" what he considered to be the location of his front yard, side yards, and back yard. Mr. Smith stated his front yard is beside the driveway, his side yards are his side yards and his back yard is where his room addition is, which there is also room to drive a vehicle, pulling a trailer through the back yard. Mr. Smith further stated having no garage has caused some problems such as his washer /dryer are in his dining room, the water heater is sitting on the back porch, and his weed eater, lawn mower, and an edger are gone that were not locked up. Discussion ensued. Ed Barber, 1261 Russel Drive, stated he has no problem with the Applicant building a garage since his garage burnt down and a garage would be an asset to the block. Robert Jackson, 885 Kimball Drive, stated he lives across the street from Mr. Smith and Mr. Smith is trying to upgrade his property and make the neighborhood look better. Bonnie Bailey, 1257 Russell Drive, stated her property joins Mr. Smith's property and °.„ she sees a concrete slab instead of a garage. Ms. Bailey furthered stated a garage will benefit her because Mr. Smith has told her he will mow her lawn when he has a garage to store his lawnmower. Discussion ensued. The Public Hearing was closed. Chairman Resnik asked Mr. Smith if the driveway will need to be extended. Mr. Smith stated that part of the old driveway will be removed and the new driveway will be next to the new garage. Discussion ensued. Vice - Chairman Savino, seconded by Member Colburn, moved to recommend to the Honorable Mayor and City Commission to approve the Applicant's variance application on the condition that the Applicant be allowed to add /modify the driveway and sidewalk while adhering to the Ocoee City Code. Motion carried 5-0. %ow 4 Board of Adjustment Regular Meeting %,, Thursday, April 12, 2001 OTHER BUSINESS - None COMMENTS - None ADJOURNMENT The meeting was adjourned at 9:02 p.m. IS i Administrative Ass'stant II Maxwell Chairman John ' esnik "fir.► 5