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HomeMy WebLinkAbout07-18-02 Sow MINUTES OF THE BOARD OF ADJUSTMENT REGULAR MEETING HELD THURSDAY, JULY 18, 2002 CALL TO ORDER Vice - Chairman Savino called the meeting to order at 7:30 p.m. in the Commission Chambers at City Hall. The roll was called and a quorum was declared present. Vice - Chairman Savino led the Pledge of Allegiance to the Flag and Member Cox led the invocation. PRESENT: Vice - Chairman Savino, Members Colburn, Cox, Kimbrell, Tice and Wilsen. Also present were Zoning Coordinator Harper, City Attorney Williams, and Administrative Assistant II Maxwell. ABSENT: Chairman Resnik, who was excused. APPROVAL OF MINUTES Member Wilsen, seconded by Member Colburn, moved to approve the March 21, 2002, Board of Adjustment Minutes as presented. Motion carried 6 -0. NEW BUSINESS Now CASE NO. 02VR 2002: Pieser Zoning Coordinator Harper read into the record the issue: Shall the Board of Adjustment recommend to the Ocoee City Conunission the Applicant's request to build a 7'4" tall fence in a corner lot front building setback vs. the maximum 4' permitted the Article V, Section 5 -4(B), page 18106 of the Land Development Code? BACKGROUND & DISCUSSION The applicant resides on the southeast corner of Reese Court and East Lakeshore Drive, Lot 77, Lake Shore Gardens Subdivision and has requested a Variance to the Land Development Code. Provisions of Article V, Section 5 -4 which specifies that "no fence, wall or hedge located in front of the front building setback shall exceed four (4) feet in height, and no other wall or fence shall exceed six (6) feet in height." Article V, Section 5 -4(G) goes on to explain that "on any corner lot, the applicable front yard setback shall apply to both street frontages." The Applicant wants to build a fence 7'4" tall along his East Lakeshore Drive frontage (see Exhibits #2 & #3) as outlined in his "Resolution" section of Exhibit #5A. The Applicant further enumerated the following six points: 1. Level back yard. 2. Provide additional longevity to the new fence. 3. Eliminate erosion that coats the sidewalk. `'""' 4. Enhance beauty of home and neighborhood. Board of Adjustment Regular Meeting .• Thursday, July 18, 2002 5. Increase property's value 6. Provide additional privacy to the swimming pool. In support of the Variance, Mr. Pieser has provided Exhibit #6 that appears to be a petition, which was circulated to some of the adjacent homeowners. Staff recommends the Applicant's Variance be denied to build a 7'4" tall fence in a front building setback because the uniform front building elevation along East Lakeshore Drive would be defeated as well as other Code provisions. Secondly, as per standards specified under Article III, Section E (2)(3) of the Land Development Code; a. That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structure or buildings in the same zoning district. b. That the special conditions and circumstances does not result from the actions of the applicant. c. That granting the variance request will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings or structures in the same zoning district. d. That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this ordinance, and would work unnecessary and undue hardship on the applicant. e. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure. f That the grant of the variance will be in harmony with the general intent and purpose of this ordinance, and that such variance will be not injurious to the area involved or otherwise detrimental to the public welfare. Applicant, Chris Pieser, presented exhibits and stated the City of Ocoee approved the fence that is now standing. He said the fence has deteriorated over time and needs to be replaced. He would like to build the retaining wall to avoid more erosion and further damage to the new fence and surrounding property. Mr. Pieser further stated he was told by the City of Ocoee that according to the City Code; he could repair his existing fence, board by board but not replace the fence. Member Kimbrell asked Mr. Pieser if he intended to back fill the back portion of the retaining wall to support the swimming pool deck and he said he did. Mr. Pieser further stated he spoke with a City of Ocoee engineer and was advised the retaining wall system he had chosen would allow drainage to go through the retaining wall without causing erosion. 2 Board of Adjustment Regular Meeting *low Thursday, July 18, 2002 The Public Hearing was opened. Ray Isham, who resides at 410 E. Lakeshore Drive, stated the proposed fence completely blocks his view from his living room window and this decreases the value of his property. He further stated the fence and retaining wall will affect the drainage on his property and, as the approval of this Variance will affect the whole subdivision, he would like the Variance request denied. Mary Switzer, who resides at 609 E. Lakeshore Drive, stated her objection is the applicant's fence backing up to the sidewalk. Mr. Pieser stated his plans have been reviewed by an engineer and there is positive drainage, which means any water that builds up will naturally flow through the landscaped fence. The Public Hearing was closed Member Tice presented a compromise to enforce an 11 -foot setback, which would allow for room between the sidewalk and the fence. Member Kimbrell stated there is a need for a retaining wall even though erosion is not evident at this time. A lengthy discussion ensued regarding the erosion. Zoning Coordinator Harper stated the fence was the issue at hand, not the erosion, drainage, or landscaping. Mary Switzer recommended landscaping between the fence and the sidewalk. Mr. Pieser stated he is open to suggestions and would like to reach a compromise in this situation. Member Colburn, seconded by Member Tice, moved to recommend to the Ocoee City Commission approval of the Variance request based on the special conditions and circumstances that exist, which are peculiar to the land, structure or building involved which are not applicable to other land, structure and building in the same zoning district, with the condition that the agreed upon four foot setback from the property line be landscaped. Motion carried 3 -2 with Savino and Wilsen voting no. NEW BUSINESS Member Wilsen asked for clarification of the motion made at the March 21, 2002, Board of Adjustment meeting. Zoning Coordinator Harper stated Mr. Laman withdrew his Variance request before the case came before the Ocoee City Commission. Member 3 Board of Adjustment Regular Meeting ,, Thursday, July 18, 2002 Wilsen stated the Board of Adjustment made a recommendation to the Ocoee City Commission to direct staff to review Sections 5 -4 and 5- 10(B), past practices in the City of Ocoee, and to give clear direction as to open space requirements and non - conforming lots and asked how this recommendation was being handled. Mr. Harper stated the city attorney issued a memo with regards to the recommendation and he would ensure that each board member got a copy of the memo. OTHER BUSINESS Administrative Assistant 11 Maxwell announced shirts would be ordered for the Board of Adjustment members and shirt sizes are requested after the meeting. Member Tice has requested a six -month maternity leave of absence. Administrative Assistant Maxwell H asked Member Tice to put the leave request in writing. ADJOURNMENT The meeting was adjourned at 8:52 p.m. Administrative Assist nt 1 Maxwe Vice - Chairman Savino Saw 4