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HomeMy WebLinkAboutItem #15 King Variance (559 Bridge Creek Blvd) Center of Good LI ��l ) `r ORE AGENDA ITEM STAFF REPORT Meeting Date: September 6, 2011 Item # 77, Reviewed By: Contact Name: Michael Rumer, City Department Director: Planner Contact Number: 407 - 905 - 3100/1018 City Manager:. Subject: 559 Bridge Creek Blvd - Michael King, Applicant Variance Application # VR -11 -03 Side Street Setback Variance from 15 Feet to 9 Feet & Extension of the Fence Beyond 50% of Length of House Commission District # 3 — Rusty Johnson Background Summary: The applicant, Michael King, is requesting a side street setback variance from 15 feet to 9 feet for a White PVC fence, as well as, approval to extend beyond the permitted 50% from the rear of the structure to place an A/C unit inside the fence for security purposes. The applicant has HOA approval. The house is located on a corner lot in he Cross Creek Community. 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. There are no special conditions or circumstances. The applicant can position the proposed fence to meet all applicable setbacks. (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. Issue: Should the Honorable Mayor and City Commissioners approve a request by Michael King for a side street setback variance from 15 feet to 9 feet for a privacy fence? Mr. King has an additional variance request that a fence extend past the required 50% from the rear of the house to place an A/C unit inside the fence for security purposes? Board of Adjustment Recommendation: The Board of Adjustment met on August 18, 2011, and voted 3 -1 to recommend the City Commission grant approval of the requested variances. Members had a lengthy discussion on granting both variances which is reflected in the draft minutes attached. 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 for a side street setback variance from 15 feet to 9 feet for a white PVC fence, as well as, deny the request to extend the fence beyond the permitted 50% from the rear of the structure located at 559 Bridge Creek Blvd. 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 s Approval Letter Draft BOA Minutes Financial Impact: None. Type of Item: (please mark with an `x') 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 �1r• Michael King Variance Location Map *...._ 7 I O LAKE BONNET N Bridge Creek ,„iw. a) iliZEFIGMagw tli 111111111116 VA EIMESSIRIP i i hi c MI MIN , iv , M N Is o -Er 2 . ...., m 2 ... .... . .....3 1111 IIIIIIIIMI ---: 0 I 11 # / t I� r 1 HuIHIH n ® rC _ rC7G7Sp KKOU)c� —c 0 vccn v 7 i (D O O (D o o O o 0 O C 7 7 7>> U o 0 Q 5 r. rn D) ? c C 3 m °' = c (D B 0? c co co co co '' o • N v a c� m c� m O in c,— e) m c � 2 o o v c v c o R° -In �n - n �n v °� cn o N 0 7 o w o . 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I "4 I • '' . , ; M 0 11.. - ,e ° Y 148 Cross Creek of Ocoee HOA Inc. 6972 Lake Gloria Blvd Orlando FL 32809 Now June 06, 2011 Michael E. King 559 Bridge Creek Boulevard Ocoee FL 34761 Re: 559 Bridge Creek Boulevard Dear Sir or Madam: The Architectural Review Board has reviewed your application for the White PVC Fence Please be advised that your application has been Approved. This decision was based on or with the following stipu ations /reason °lease note that if an approval was granted, it is your obligation to obtain all necessary permits. The 'improvement must meet all municipal guidelines or restrictions (if applicable) in addition to Architectural Guidelines established for the community. If you require further assistance, please do not hesitate to contact our office. Association Contact Information: Architectural Review Processing Department -- 407 -781 -1 406 arb ©Ielandmanagement. com Scott Pollock, LCAM (407) 781 -0774 (407) 781 -0775 spollock @Ielandmanagement.com cc. Owner's File Enclosure lohlwe MINUTES OF THE BOARD OF ADJUSTMENT `'ar REGULAR MEETING HELD AUGUST 18, 2011 CALL TO ORDER Vice Chairman Wilsen called the meeting to order at 6:00 p.m. in the Commission Chambers at City Hall. Member Colburn led the Invocation and the Pledge of Allegiance to the Flag; the Clerk called roll and declared a quorum. PRESENT: Vice Chairman Wilsen, Members Colburn, Warren and Alternate Member Cadle. Also present were City Planner Rumer, Planning Technician Jones, Assistant City Attorney Watson, and Deputy City Clerk Sibbitt. ABSENT: Chairman Resnik and Member Elliott were absent excused. APPROVAL OF MINUTES — APRIL 28, 2011 Member Colburn, seconded by Alt. Member Cadle, moved to approve the minutes of April 28, 2011. Motion carried 4 -0. NEW BUSINESS KING (559 BRIDGE CREEK BLVD.) — VR -11 -03 Planning Technician Jones presented exhibits and the staff report for the Variance located at 559 Bridge Creek Blvd. BACKGROUND The applicant, Michael King, is requesting a side street setback variance from 15 feet to 9 feet for a white PVC fence, as well as, approval to extend beyond the permitted 50% from the rear of the structure to place an A/C unit inside the fence for security purposes. The applicant has HOA approval and the fence will be aligned with the neighbor's fence which also has a 9 foot setback. The house is located on a corner lot in the Cross Creek Community. RECOMMENDATION Based on the findings, staff does not find the variance to meet any of the criteria's according to Subsection 4 -9A in the Land Development Code. If the Board of Adjustment makes a recommendation to approve the variance, staff recommends that any approval be conditioned on factual interpretation of code requirements and public testimony related to such provisions. DISCUSSION Michael and Wendy King were available for questions. Vice Chairman Wilsen inquired if they have spoken to their neighbors regarding the fence and if they had any objections from them. Ms. King said she has spoken to her neighbor's and they did not object. A neighbor was in the audience in support of the Board of Adjustment Regular Meeting August 18, 2011 King's variance. Vice Chair Wilsen inquired as to why they wanted the fence. Mrs. King answered that they are putting the fence up for protection reasons; she would like to enclose her daughter's bedroom window because it is on the side of the house which faces the street. She said they also have animals in the house which they would like to allow the freedom to run around in the backyard. Alt. Member Cadle inquired if the information that staff provided about the neighbors fence is non - conforming and out of compliance. City Planner Rumer answered affirmatively. He further explained that both properties are set rear to rear so the requirement is a 15 foot setback. The neighbor did receive a permit in 2003 for a fence which was to be located at 15 feet; however, the fence was placed at 9 feet. What has changed from then to now is that back in 2003, the building inspectors only inspected the structure to make sure it met wind requirements; they have learned from past mistakes from not measuring. A notice was sent to the current owner regarding the fence not meeting setback requirements; however, Mr. Rumer said he does not have an update as to what has happened. Alt. Member Cadle said if they grant this variance then the other neighbor will probably seek one after the fact and it would be difficult to deny them. Member Colburn said that the way he looks at most of their variances is that it is not the same as Code Enforcement, most of their applicants are doing things that enhance the kirw neighborhood. City Planner Rumer explained that variances are tough to look at because it is a hard criterion to meet all the conditions since it has to be a hardship. Trend wise, the Commission has to look at the Code; the Commission does not want to change the code by granting variances which is why they re-evaluate the code. Alt. Member Cadle inquired where their daughter's room was in relation to the A/C unit and if the fence needed to go all the way to the A/C unit or if it could be placed back. Exhibits were used to so the relation of the A/C unit to the bedroom windows. Alt. Member Cadle said there are plenty of A/C units in that subdivision that do not have a fence around it and he does not feel compiled to grant that variance Mrs. King said her concern is the protection of both her children and her son's window is the closest to the A/C unit which is why they decided to just go up a little bit farther with the fence. Member Warren said just so he is clear is there any other reason, other than personal preference, why they cannot adhere to the 15 foot setback. Mr. King answered there really is not another reason than the fact that it would not be worth it to him to put the fence up if it is arm's length away from the house. The Public Hearing was opened. As no one wished to speak, the Public Hearing was closed. rr 2 Board of Adjustment Regular Meeting August 18, 2011 Member Colburn, seconded by Vice Chairman Wilsen, moved to recommend to the City Commission that the variance for the King's fence be approved and that they be allowed to construct up against the current fence at 556 Winding Hollow Ave. (which is also currently at a 9ft. setback). Alt. Member Cadle said he would go the other way and grant approval of the variance before them and if the neighbor has to come before them then they could recommend approval too. He would also like to see the motion divided into two motions, one for the 9 ft setback and the other motion for the length of the fence along the house up to the A/C unit. After the discussion, the motion was withdrawn. Alt. Member Cadle, seconded by Member Colburn, moved to recommend to City Commission the a. 'royal o the Kin • Variance — 559 Brid • e Creek Blvd rom 15 t. to 9 ft. Motion carried unanimously. Alt. Member Cadle moved to recommend to City Commission to deny the variance request to extend beyond the permitted 50% from the rear of the structure. Motion died due to lack of second. Member Colburn, seconded by Member Warren, moved to recommend to City Commission the approval of the request to extend beyond the permitted 50% from the rear of the structure per the site plan. Motion carried 3 -1 with Alt. Member Cadle opposing. BOWER (3161 JAMBER DRIVE) — VR -11 -04 Planning Technician Jones presented exhibits and the staff report for the Variance located at 3161 Jamber Drive. BACKGROUND 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 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 lObrior 3 Board of Adjustment Regular Meeting August 18, 2011 l oitow requirement, the irrigation would have to be removed and reinstalled at a cost to the applicant. RECOMMENDATION Based on the stated findings, staff finds the variance meets one of the conditions stated and does not support the request. If the Board of Adjustment makes a recommendation to approve the variance, staff recommends that any approval be conditioned on factual interpretation of code requirements and public testimony related to such provisions. DISCUSSION Karen Bower and her son were available for questions. Karen Bower explained that the placement of the fence at the 23 foot setback was a mistake by the fence company and her husband had already had the irrigation company lined up to do everything the same day. They spent about $1200 installing the irrigation. She further explained that when the inspection was done, the inspector informed them that they were 2 feet off and that they would have to move the fence. Mrs. Bower said that her neighbors behind her have also contacted the fence company to install a fence to line up with theirs but it's being delayed as well waiting on the outcome of this variance. She said the situation at hand is that they will have to re -dig the whole yard again to move everything 2 feet. Vice Chair Wilsen inquired about staffs recommendation. City Planner Rumer said they met one of the conditions of hardship in that it was not the homeowner who pulled the permit but it was a professional. However, staff has to advise the board if they met all the criteria for a variance and they do not. Member Cadle inquired if they approached the fence company about helping cover the cost for relocating the fence and irrigation. Mrs. Bower said her husband did and she is sure they can work something out but it would probably require that they still cover a portion. The Public Hearing was opened. William Flanigan, 3154 Jamber Drive, said he lives across the street from the Bower's and the fence in his opinion does not block anything. He is in support of the fence. The Public Hearing was closed. Nor. 4 Board of Adjustment Regular Meeting August 18, 2011 Member Colburn, seconded by Alt. Member Cadle, moved to recommend to City Commission the approval of the Bower Variance — 3161 Jamber Drive due to it meeting one of the criteria's in that it was not the owner 's fault. Motion carried unanimously. Member Colburn advised the applicants that what the board does is make a recommendation to the City Commission and it is their ultimate say on whether the variance is approved. OLD BUSINESS Vice Chairman Wilsen inquired if City Planner Rumer would like to share what happened with the April 28 variance application and if it was approved by Commission. City Planner Rumer said it did pass. OTHER BUSINESS - None COMMENTS City Planner Rumer said there are currently no potential variances pending. ADJOURNMENT The meeting adjourned at 6:28 p.m. Melanie Sibbitt, Deputy City Clerk John Resnik, Chairman 5 Coov of Advertisement (that ran in the print rnesciia) Date Published and Media Name Advertisement or Article CITY OF OCOEE NOTICE OF PUBLIC HEARING REGARDING REQUEST FOR VARIANCE APPLICANT: MICHAEL E. KING CASE NUMBER: VR -11 -03 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, N Lakeshore Drive, Ocoee, Florida, in order to consider the peti- tion of Michael E. King 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 559 Bridge Creek Blvd. The Orange County Property Appraiser Identification Number (PIN) is 32 -22- 28- 185401 -150. The applicant is requesting a variance to the minimum 15- foot front yard setback for a proposed fence, and to extend the fence more than S4 the depth of the house'. Interested parties may appear at the cited meeting and be heard with respect to the proposedvari}nce. 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 tha 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 bearing 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 -2831W