HomeMy WebLinkAboutItem #14 Bower Variance (3161 Jamber Drive) ti e Center of Good L
C O E y �
AGENDA ITEM STAFF REPORT
Meeting Date: September 6, 2011
Item # I ‘A
/ 1I& Reviewed By:
Contact Name: Michael Rumer, City Department Director:
Planner
Contact Number: 407 - 905 - 3100/1018 City Manager: _,,,,_
Subject: 3161 Jamber Drive - Eric Bower, Applicant
Variance Application # VR -11 -04
Side Street Setback Variance from 25 Feet to 23 Feet
Commission District # 1 — Gary Hood
Background Summary:
The applicant, Eric Bower, is requesting a side street setback variance from 25 feet to 23 feet for a privacy fence
which is currently in the permitting process. A building permit for a 6' high PVC privacy fence meeting the
required 25 foot side street setback was issued on June 2, 2011. The fence contractor erroneously installed the
fence at a 23 foot setback. After the fence installation, the applicant had irrigation installed along the fence before
the inspection occurred. In order to move the fence the two feet to meet the setback requirement, the irrigation
i could have to be removed and reinstalled at a cost to the applicant.
Discussion:
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 and circumstances exist which are peculiar to the land or existing structure.
(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 existing
zoning designation and Land Development Code.
(3) That the special conditions and circumstances do not result from the actions of the applicant.
The applicant contracted with a fence company to permit and install a fence. The fence company installed the
fence in the wrong location by two (2) feet.
(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.
44111ireA recommendation for approval would grant special privileges to this applicant that is otherwise denied to other
land owners.
Issue:
Should the Honorable Mayor and City Commissioners approve a request by Eric Bower for a side street setback
variance from 25 feet to 23 feet for a privacy fence?
oard of Adjustment Recommendation:
The Board of Adjustment met on August 18, 2011, and voted 4 -0 to recommend the City Commission grant
approval of the requested variances.
Staff Recommendation:
Based on the applicant not demonstrating a need for each of the four criteria listed above, Staff recommends the
Mayor & City Commissioners deny the request, Staff recommends the Mayor & City Commissioners deny a
request for a side street setback variance from 25 feet to 23 feet for a White PVC privacy fence located at 3161
Jamber Drive. Should the City Commission make a finding of approval, staff recommends that any approval be
conditioned on factual interpretation of code requirements and public testimony related to such provisions.
Attachments:
Location Map
Aerial Location Map
Zoning Map
Site Plan
Building Permit
cinancial Impact:
None.
Type of Item: (please mark with an 3e)
X Public Hearing For Clerk's Dept Use:
Ordinance First Reading Consent Agenda
Ordinance Second Reading Public Hearing
Resolution Regular Agenda
X Commission Approval
Discussion & Direction
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney N/A
Reviewed by Finance Dept. X N/A
Reviewed by ( )
N/A
*lire
Eric Bower Variance
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RECEIVED
' 1 \ \ . MAY 3 1 2011
CITY OF OCOEE
BUILDING DIVISION BY B. L. EVERETT
D PERMIT APPLICATION
PERMIT NO: 110 0990`
DATE RECEIVED:
PLEASE TYPE OR PRINT
JOB INFORMAT.ION: ((
PROJECT NAME: EY'ic (50U)& r- ZONING: g I
ADDRESS: 311Q i darabQr i Ocoee, FL COUNTY: ORANGE
LEGAL DESCRIPTION:
SEC: 31 TWP: 2_t RNG: SUB. .No. BLK /PAR ® 6 LOT: G-1 O
SUBDIVISION NAME: FoYeSfbroOfr e Phase 1 PLAT: BOOK /PAGE: 53//2.4/
OWNER INFORMATION: //��
NAME: E r L -�' Karen 8Oo) e r
ADDRESS: 31(D1 ja r) . PHONE: 40 ^ /(o
CITY: ()c €e STATE: 7_ ZIP: l
FEE SIMPLE TITLEHOLDER (IF DIFFERENT THAN OWNER):
NAME:
ADDRESS: PHONE:
CITY: STATE: ZIP:
BONDING COMPANY:
NAME:
ADDRESS: PHONE:
CITY: STATE: ZIP:
MORTGAGE LENDER:
NAME:
ADDRESS: PHONE:
CITY: STATE: ZIP:
ARCHITECT /ENGINEER:
NAME:
ADDRESS: PHONE:
CITY: STATE: ZIP:
DESCRIPTION OF WORK: _ j1 I I aql ' )C ( ti W r ( z ) s' 3Gi c - ve yt•
aq VALUE OF CONSTRUCTION: $ / / O 1 t �` -'
OCCUPANCY GROUP: CONSTRUCTION TYPE: Fev c--e FLOOR AREA:
CONTRACTOR INFORMATION::
COMPANY NAME: FP QL VP J i.vc, PHONE: �t07 -RSJ° f,(�
,Ujf ,3IC
ADDRESS: 96,7/ / . •`�nr�..r � tC�� inN'� • FAX: Yo7 y _ ci
>A f �'f
CITY: (14,,n dU �� S TATE: L. ; ZIP: c33. 9 37
QUALIFIER I S. NAME : ► A i\ 1 A
STATE CERTIFICATION /REGISTRATION No. ( _ , 0‘761z)
CERTIFICATE OF COMPETENCY:
- 1100990 -
BUILDING PERMIT APPLICATION (PAGE 2) PERMIT NUMBER:
SUBCONTRACTOR INFORMATION:
ELECTRICAL CONTRACTOR: CERT. #
ADDRESS: PHONE #
PLUMBING CONTRACTOR: CERT. #
ADDRESS: PHONE #
HARV CONTRACTOR: CERT. #
ADDRESS: PHONE #
GAS CONTRACTOR: CERT. #
ADDRESS: PHONE #
ROOFING CONTRACTOR: CERT. #
ADDRESS: PHONE #
ALARM CONTRACTOR: CERT. #
ADDRESS: PHONE #
IRRIGATION CONTRACTOR: CERT. #
ADDRESS: PHONE #
APPLICANT'S AFFIDAVIT
Application is hereby made to obtain a permit to do the work and installations as
indicated. I certify that no work or installation has commenced prior to the
issuance of a permit and that all work will be performed to meet the standards of
all laws regulating construction in this jurisdiction. I understand that a separate
permit must be secured for ELECTRICAL WORK, PLUMBING, SIGNS, WELLS, POOLS,
FURNACES, BOILERS, HEATERS, TANKS AND AIR CONDITIONERS, FENCES, etc. •
OWNER AFFIDAVIT: I certify that all the foregoing information is accurate and
all work will be done in compliance with all applicable laws regulating
construction and zoning.
WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR
PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. IF YOU INTEND TO OBTAIN FINANCING,
CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT.
O7 S / AGENT'S S GNATU CONT / ZS SI ATURE //;71,1
STATE OF FLORIDA STATE
OF FLORIDA
COUNTY OF ORANGE COUNTY OF ORANGE
The forgoing instrument was The forgoing instrument was
acknowledged before me on this ,24 acknowledged before me on this
day of A j , ¢ ` / 20i / , day of M,ry 200, ,
by L.5 ',T%Llt .¢' 4 b y 651.(4/ a7 /s/ tetirIf
who is personally known to me, or has who is personally known to me, or has
produced produced
as identification and who did not as identification and who did not
take an oath. Q (j� , take an oath.
,,,e ,,,e CywICnX ,W- •
Signature of NOTARY PUBLIC Signature of NOTARY PUBLIC
Print Name - - Print Name: ummik
Title: * * * * * * * * AN DONNAS nAJ ; Title: , ��� rrr " r..
Co " "e1 : MYCOMMISSION#EE056170 Commission Numi a „„ . • I.. II
: .
;, n 2,2015 r1 I 1 ,�®,. PRE kr 2035 nd
,� * * * * ' �JP, f ��, *Bor;ged il+r u Notary►Pubtl� UndenaM�rs * ' � � • ~ � 7t
on7U ry lic ers
1”
/' DATE : MAY 31 2011
APPLICATION APPROVED BY: �_,.I
CENTER OF GOOD LIVING - PRIDE OF WEST ORANGE
CITY OF OCOEE
Sloe 150 N. LAKESHORE DRIVE
OCOEE, FLORIDA 34761
(407) 905-3104
BUILDING DEPARTMENT
INSPECTION REPORT
Address atY Type of Inspection
Subdivision Building ifrz-5
) Electrical
Permit # Lot # 2- ( ) Mechanical
( ) Plumbing
Date of Inspection / / ( ) Other
REMARKS
j4/0 /X
(2) -77z, g
( 71
(I You are requested to correct the above listed items and call for a "re-inspection". A re-inspection fee of
$ L 6 shall be p id t the City ofOcoee Building Department prior to the issuance of a Certificate of Occupancy.
//
/7 —
Ins for Dat'
slop, 0 N. Lakeshore Drive, Ocoee, Florida 34761 (407) 905-3104
***Inspectors can be contacted only between 7 a.m. & 8 a.m. at (407) 905-3104
Copy of Advertisement (that ran in the print rneciia)
'tow Date Published and Media Narne
I tVe ± CA( 1 I ern cs
Thursday, August 25, 2011 SECTION
Advertisement or Article
CITY OF OCOEE
NOTICE OF PUBLIC HEARING
REGARDING REQUEST FOR VARIANCE
APPLICANT: ERIC M. BOWER
CASE NUMBER: VR -11 -04
NOTICE IS HEREBY GIVEN, that the OCOEE CITY COMMISSION will
hold a PUBLIC HEARING on TUESDAY, SEPTEMBER 6, 2011, at 7:15
P.M. or as soon thereafter as possible, at the Ocoee City Commission Cham-
bers,150 N Lakeshore Drive, Qcoee, Florida, in order to consider the peti-
tion of Eric M. Bower for a variance according to the provisions of Article
IV, subsection 4-9 of the City of Ocoee Land Development Code.
Action Requested: The parcel is located at 3161 Jamber Drive. The Or-
ange County Property Appraiser Identification Number (PIN) is 31- 21 -28-
2855 -00 -210. The applicant is requesting a variance to the minimum 25-
foot front yard setback for a proposed fence.
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 Develop-
ment Code. A copy of the application 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 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 con-
tinued 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 hear-
ings 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. Persons with
disabilities needing assistance to participate in any of these proceedings
should contact the City Clerk's Office 48 hours in advance of the meeting
at 407- 905 -3105.
Beth Eikenberry, City Clerk
August 25, 2011 11 -2830W