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HomeMy WebLinkAboutBOA 01-26-12 MINUTES OF THE BOARD OF ADJUSTMENT REGULAR MEETING HELD JANUARY 26, 2012 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 Cadle, Colburn, and Warren. Also present were City Planner Rurner, Planning Technician Jones, Assistant City Attorney Watson, and Deputy City Clerk Sibbitt. ABSENT: None Vice Chairman Wilsen announced that Chairman Resnik has resigned from the board due to moving out of the city limits. He further inquired when they would have an election for new chairperson. Deputy City Clerk Sibbitt answered that staff has decided to leave the election for the next meeting because there are several open positions on the board and they may have new appointments. Member Colburn inquired if they had to have an election or could a member just volunteer to become chairperson for the board. Deputy City Clerk Sibbitt said that a board member can nominate themself and if there is no opposition then the board member can resume the chairman position with no election required. Vice Chairman Wilsen announced that he would not have any objections with any other member wanting to be chairperson for the board. APPROVAL OF MINUTES — AUGUST 18, 2011 Member Cadle, seconded by Member Colburn, moved to approve the minutes of August 18, 2011. Motion carried 4 -0. NEW BUSINESS MAKINAJIAN (800 HUNTINGTON PINES DRIVE) — VR -11 -05 Planning Technician Jones presented exhibits and the staff report for the variance request located at 800 Huntington Pines Drive. BACKGROUND The applicant, Joyce Makinajian, is requesting a rear yard setback variance from 30 feet to 5 feet for a 25x26 two -story room addition. The subject property is located on a corner lot in the Brookestone Subdivision which is located on the west side of Maguire Road and south of Tomyn Road. The rear of the subject property is located next to tract S, which functions as a stormwater management area and tract D, which functions as a conservation area. The purpose of the addition, which is stated in the variance application, is for a medical therapy room for Mr. Makinajian. The applicant did apply for a building permit on November 29, 2011, but the permit is on hold until the variance process is complete. The applicant also submitted documentation regarding HOA approval dated June 29, 2011. However, the documentation indicated a smaller addition Board of Adjustment Regular Meeting January 26, 2012 than what was submitted with the variance application, and it appears that the HOA approval has also expired. RECOMMENDATION Based on the findings, staff does not find the variance to meet any of the criteria 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 Garrett Andrijiszyn, contractor hired by applicant, explained that when they submitted for a building permit they were informed that they had a setback issue so they decided to ask for 25 feet instead of the 20 feet they requested on their HOA application. He further said that they know they will have to re- submit to the HOA if they decide to go to a bigger building. Mr. Andrijiszyn reassured that nothing has changed architecturally with the building and he is going to match everything as much as possible in the Brookestone area. He further advised that they did get HOA approval on June 29, 2011, and with that approval they did move forward with architectural drawings. Mr. Andrijiszyn said with respect to the 90 day commencement approval given to him by the HOA, he feels that they have commenced because money has been spent. Vice Chairman Wilsen inquired if materials have been delivered and if ground has been broken for the proposed addition. Mr. Andrijiszyn said they have not broken ground but they have paid the architect based on their HOA approval and they would not have spent that kind of money without the approval from the HOA. He explained that they are before the board tonight to ask for a variance to be able to add the rooms that the applicant needs on their property. Vice Chairman Wilsen said he is assuming that they need the room addition for a good reason. Mr. Andrijiszyn said the addition is for two reasons; 1) a therapy area for Mr. Makinajian, who was recently in an automobile accident, and 2) any future possibilities such as live in care, if needed. Member Warren inquired if the size of the structure was going to be a 20x26 addition. Mr. Andrijiszyn said the size of the structure that they originally submitted to the building department is a 20x26 addition. He further explained that the addition is going out 20 feet towards the back and the width is 26 feet. Member Warren inquired if that was a different size structure than what was submitted to the board. Mr. Andrijiszyn answered affirmatively. He explained that when they applied for the variance, they basically came up with three options and chose to go with the 25x26 addition. City Planner Rumer interjected that the applicant could not apply for three different variances. Mr. Andrijiszyn said they understand that, which is why they only chose the 2 Board of Adjustment Regular Meeting January 26, 2012 one. Member Warren asked for clarification on one of the sketches submitted in their board packets. Mr. Andrijiszyn explained the drawing to him. Member Cadle inquired as to what the square footage is for the original home. Mr. Andrijiszyn said it is 2,331 square feet. Member Cadle clarified that the variance request is to add roughly an additional 1,000 feet and increasing the home by about 50 %. Mr. Andrijiszyn said that was correct. Member Warren inquired if there were going to be any drainage concerns with increasing the impervious area. City Planner Rumer advised that it meets the minimum foot print size and maximum impervious. The Public Hearing was opened. Joyce Makinajian, homeowner and applicant, briefly explained that they have requested the addition for medical reasons since her husband had been in a serious car accident. She explained his injuries are proven medically and they currently have assistance full - time for him. Mrs. Makinajian explained that they currently have a house keeper, cook, driver, and security guard present at their home and previously have lived in homes as large as 9,000 square feet. She explained that they moved to the Brookestone subdivision because the hospital is close to their home and their real estate agent also advised that area would be affordable for her children to follow them. She briefly explained her family situation and reasons for moving to that area. Member Colburn reminded the applicant that the board is present tonight to only hear about the variance from the code and that they only make a recommendation to the City Commission and not final decisions. Vice Chairman Wilsen inquired from the applicant if she is aware if the neighbors are not in support of the addition. Mrs. Makinajian said she is not sure. She further said her husband's situation and what has happened to him has saddened her to think that he does not have more to live for because of the injury and as his wife, she should be able to support him any way she can. Assistant City Attorney Watson briefly reminded everyone present that the board is present tonight to consider the variance. Some of the things that they should be looking for are outlined in their packets in terms of special circumstances and conditions that exist that justify whether the applicant is being deprived of any rights commonly enjoyed by their neighbors, or if there are special circumstances and conditions that apply to the situation that the variance will not confer any rights and privileges on the applicant. Member Colburn added that it is essential that any testimony is just on the specifics for the variance of the code for the property and nothing else. 3 Board of Adjustment Regular Meeting January 26, 2012 Amanda Peck, 784 Huntington Pines Drive, gave a brief powerpoint presentation highlighting her objections to the variance based on the size and setback, architectural integrity, zoning and proposed use of space, devaluation of Brookestone and other homeowners opposition. Chris Ostrander, 201 Covered Bridge Drive, provided aerial photos within Ms. Peck's powerpoint presentation that showed the current property and photos of what the property would essentially look like with the structure constructed. He further added that the HOA currently does not allow anything in the backyard such as trampolines, play sets, and sheds and it is unthinkable that a structure that size would be allowed on the back of the house. Jim McNicol, 830 Patriots Point Drive, also spoke in opposition of the structure stating that the developers who built the development had to comply with the codes and feels allowing this structure would break all of the codes and open flood gates for Ocoee to become a ramshackle town. He further said it is unfortunate that the homeowner is in the situation that they are in but they should have to comply with the laws of the city and he asks for this board to consider that. Robert Godfrey, 182 Highbrooke Blvd, said he is very concerned with the precedent this would set with other single story homes. He further said the nice thing about the Brookestone subdivision is the variation of mixed single story and two story residences and he would hate to see Brookestone become mostly two story residences due to the approval of this variance. Jennings "Butch" Ellerbee, 674 Huntington Pines Drive, said he wanted to speak on one of the comments that was mentioned earlier in the meeting regarding the application to the ARB. He further added that the covenants and by -laws state that plan specifications have to be submitted and their records show that those were not submitted to them. As far as being able to start construction at the 90 day period, if the correct documents were submitted properly then construction could have started. Kayla Collins, 418 Covered Bridge Drive, said she is the chairperson for the ARB for Brookestone. She further provided handouts to the board members on the original submittal to the ARB, as well as, a letter from the Brookestone HOA President explaining their concern with the differences in the plan submittals to the city and ARB. She briefly explained the discrepancies. 4 Board of Adjustment Regular Meeting January 26, 2012 Garrett Andrijiszyn, contractor hired by applicant, briefly touched on some of the concerns expressed in the powerpoint presentation provided by resident Amanda Peck. He further addressed the petition that was put online stating it had erroneous information. Member Colburn advised Mr. Andrijiszyn that the petition has nothing to do with what is before them tonight and the Board of Adjustment only wants to hear if the plans proposed fit the criteria for a variance. Member Cadle inquired from the contractor if the current home was a single family home. Mr. Andrijiszyn answered affirmatively. Member Cadle further inquired if the proposed addition could be built above the existing foot print. Mr. Andrijiszyn advised not without major structural changes. He added that it could be done however, the original footing of the house was engineered for a single story house so it would be highly unlikely to put a second story addition on the existing home without having to re -do the footings. Jennings "Butch" Ellerbee, 674 Huntington Pines Drive, said he worked for a local architectural firm and even though it may be difficult to do what Member Cadle inquired about it, it is not impossible. He further said they could do an addition to the foundation and make it larger. The Public Hearing was closed. Vice Chair Wilsen reminded the board that the issue before them is whether or not to grant the variance to the building code. The criteria are if there are any special conditions /circumstances and he has yet to hear one. He further added that he is sympathetic toward the homeowner needing therapy but that does not equate with a two story room addition within 5ft of the rear setback. Member Cadle said he agrees that this is a huge encroachment and they have to look at the facts and not the personal aspects. He added that he is an engineer so he knows there are other ways to build this addition within the existing footprint, if necessary. Member Colburn commented that according to staff's recommendations there are four criteria in order to grant a variance and he does not feel the applicant meets any of them. Member Colburn, seconded by Member Cadle, moved to recommend to the City Commission that the variance for the Makinajian's rear yard setback be denied. Vice Chair Wilsen inquired from the City Attorney if she heard any facts that would support the requested variance. Assistant City Attorney Watson advised that she could only speak to the requirements that are required by Subsection 4 -9A and as the staff report has indicated there is nothing supporting any of those criteria. She further advised that beyond that code, the board is able to consider whether there are any different factual 5 Board of Adjustment Regular Meeting January 26, 2012 interpretations of the code requirements or public testimony that could support the variance. After discussion motion carried 4 -0. Member Colburn reminded the residents in attendance that the motion is a recommendation only to the City Commission and the City Commission will have this item on their agenda to be heard. OLD BUSINESS - None OTHER BUSINESS - None COMMENTS City Planner Rumer briefly advised the board that this could be Assistant City Attorney Watson's last meeting with the city since City Attorney Paul Rosenthal has retired. He further briefly introduced the city's new attorney Scott Cookson with the law firm of Shuffield Lowman. ADJOURNMENT The meeting adjourned at 6:51 p.m. Melanie Sibbitt, Deputy City Clerk Fred Wilsen, Vice Chairman 6