HomeMy WebLinkAboutItem #09 Ladda Blanks Variance (2702 Kemos Landing) - Accessory Structure in Side Yard & Setback Variance from Mean High Water Line`` Z%tlov
florida
AGENDA ITEM COVER SHEET
Meeting Date: June 3, 2014
Item # q
Reviewed By:
Contact Name: Michael Rumer Department Director:
Contact Number: Ext. 1018 City Manager:
Subject: Ladda Blanks
Variance Application # VR -14 -02
2702 Kemos Landing
Commission District #4 — Joel Keller
Background Summary:
Content of Variance Request
The applicant, Ladda Blanks, is requesting a variance to place a swimming pool with screen enclosure on the side
yard of the property. According Article V, Section 5 -6 B of the Land Development Code (LDC): "In residential
districts, accessory uses and structures shall not be located in front or side yards but may be located in rear
yards." She is also requesting a variance for the pool to be located 40 feet from the mean high water line instead
of 50 feet.
The subject property is located on Lot 72 of the Waterside subdivision.
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.
Lot 72 of the Waterside subdivision is uniquely different from the other lots in Waterside.
Lot 72 is the only lot to have a side yard with lake frontage, whereas the other lots at Waterside have
Lake frontage on the rear of their property.
(3) That the special conditions and circumstances do not result from the actions of the applicant.
The special conditions do not result from 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, structures, or required subdivision improvements under similar
conditions.
The granting of this variance will confer special privileges. However, this special privilege may not be
applicable to all other lands within the city.
Board of Adjustment Recommendation:
The proposed variance request by Ladda Blanks for a pool and screen enclosure to be located in a side yard
and a variance to encroach 10 feet into the 50 foot setback from the normal high water level was reviewed at a
Public Hearing by the Board of Adjustment on May 14, 2014. The Board of Adjustment voted 3 -0 to recommend
approval of the variance request.
Issue:
Should the Honorable Mayor and City Commission approve two (2) variance requests by Ladda Blanks in order to
construct a pool with screen enclosure on the subject property? The first variance is to locate a proposed
swimming pool on the side yard, instead of the rear yard. The second variance is to reduce the setback from the
mean high water line from 50 feet to 40 feet for a pool addition with screen enclosure.
Recommendations
Based on the existing conditions of the parcel and the unique parcel position, staff does find the variances
requested by Ladda Blanks to be supportable. Should the City Commission approve the variances, staff
recommends that any approval be conditioned on factual interpretation of code requirements and public testimony
related to such provisions.
Attachments:
Location Map
Aerial Map
Zoning Map
Waterside Plat
Current Survey
Survey with proposed addition
Photos
Letter from Applicant/Contractor
HOA Approval letter
Financial Impact:
None
Type of Item: (please mark with an `k')
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
2
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by ()
N/A
N/A
N/A
Ladda Blanks Variance
Location Map
0
V � ifie ld-Cbvel—
LAKE JOHIO
e rS
Ladda Blanks
Surrounding Zoning Map
Ce nter of Good
OEE
Ocoee Community Development
Department
1 inch = 250 feet
80 40 0 80 160 240 Feet
13 Subject Property
Unincorporated Territory
10 and Other Municipalties
Zoning Classification:
General Agricultural (A -1)
Suburban (A -2)
Single - Family Dwelling (R -1AAA)
Single - Family Dwelling (R -1AA)
Single - Family Dwelling (R -1A)
Single - Family Dwelling (R -1)
One- & Two - Family Dwelling (R -2)
Multiple - Family Dwelling (R -3)
Mobile Home Subdivision (RT -1)
Professional Offices & Services (P -S)
Neighborhood Shopping (C -1)
=Community Commercial (C -2)
=General Commercial (C -3)
Restricted Manufacturing
& Warehousing (1 -1)
=General Industrial (1 -2)
Commercial (PUD)
Low Density (PUD)
Medium Density (PUD)
High Density (PUD)
Public Use (PUD)
Unclassified
Lakes and Water Bodies
n
LAKE JOH10
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A REPLA T OF A
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CITY OF
SURVEYO NOTES
PLAT 27
BOOK
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PORTION OF LOT 1, LAKE JOHIO SHORES
TOWNSHIP 22 SOUTH, RANGE 28 EAST
OCOEE, ORANGE COUNTY, FLORIDA
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1. BEARINGS ARE ASSUMEB FROM TIfE WEST RIGHT OF WAY LINE OF SHORES DRIVE, AS BEING N 0 FLORID W.
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2. ® DEN O TES PERMANENT CE MA
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MONUMENT WITH A DISK STAMPED P.R.M.
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DEN OTES PERMANENT CONTROL POT, A A R.N. P. NAIL WITH A DISK
9. TRACT AND TRACT RETENTION AREAS, ARE HEREBY DEDICATED
TO, AND TO BE MAINTAINED BY, THE CITY OF 0 DEE.
STAMPED AMPEMPED P.C.P. J/4372.
4. • 'O • ' DENOTES A CHANGE IN DIRECTION, NOT STAKED.
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5. (R) DENOTES A RADIAL LINE.
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DENOTES A NON - RADIAL LINE
7. VEHICULAR ACCESS RIGHTS TO CLARK ROAD FOR LOTS 93 -106 AND VEHICULAR
�-
ACCESS RIGHTS TO LAKE JOHIO SHORES DRIVE FOR LOTS 1 -6, LOTS 55 -57.
"E', 'F'
TRACT AND TRACT ARE HERBY DEDICATED TO THE CITY OF OCOEE,
S. THERE MAY BE ADDITIONAL RESTRICTIONS THAT ARE NOT RECORDED ON
THIS PLAT THAT MAY BE FOUND IN THE PUBLIC RECORDS OF THIS COUNTY.
'A" "F",
9. TRACT AND TRACT RETENTION AREAS, ARE HEREBY DEDICATED
TO, AND TO BE MAINTAINED BY, THE CITY OF 0 DEE.
10. PC DENOTES POINT OF CURVATURE.
11. PT DENOTES POINT OF TANGENCY.
12. PR DENOTES POINT OF REVERSE CURVATURE.
13. TRACT "E "IS HEREBY DEDICATED TO, AND TO BE MAINTAINED BY, WATERSIDE'S HOMEOWNERS
ASSOCIATION. TRACT E IS A RECREATION AREA. -
14. VEHICULAR ACCESS - RIGHTS TO LAKE JOHIO ROAD FOR LOT 87 ARE HEREBY DEDICATED TO THE CITY OF OCOEE.
15. BUILDING SETBACKS FROI4 CLARK ROAD FOR LOTS 93-106 ARE HEREBY
AGREED TO BE 50.00 FT.
16. BUILDING SETBACKS FROM ALL LAKEFRONT LOTS ARE HEREBY AGREED TO BE 50.00 FT. FROM THE N.H.W. ELEVATION
17. 10r MAINTENA
MARK OF
EAS R ENT ALONG JOHIO SHORES DRIVE TO BE D%Ip V TEC A T T O HOMEOWNERS ASSOCIATION.
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499 STATE ROAD 434 NORTH, SUITE 2009
ALTAMONTE SPRINGS, FLORIDA 32714
(407) 682 -3362
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CERTIFICATE OF APPROVq�
BY THE CITY PLANNING DIRECTOR
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PAGE 37
DFOICATI ®N
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IN WITNESS WHEREOF, I Ea.a I.anro wx
here n,w I r on n,. mw. mn.
NOTARY PUBLIC '
My Commiv�on E,glm_ Ix I '
. CERTIFICATE OF SURVEYOR
KNOW ALL MEN BY THESE PRESENTS, That na und.,W"
neing a licensed and regen.h C Blind .-yor, dw
nanny cen�ry met on .. V29 /88
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ne ro pleled the survey at me lends B, shown In Ba f i egoIn
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rnenit nave been plawd u shaven thalal feplle
CY Cneprer IT7 Fbdda Sta ved Dal saki hand N bcrbaE
CIDeVe. C-hsy: Florida.
Dated_ 06/20/90........ RagWMW a No ........ -..
CERTIFICATE OF APPROVAL BY
BOARD OF CITY COMMSDONERS
THIS IS TO CERTIFY, THAI ;r Novtrn tlER .Ep 1990 Ih
ORANGE CIX MY ` LORI M „�.�. t.4p laagpinp ply
OpoccEa
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CERTIFICATE OF APPROVAL
BY THE CITY EN
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APP_
CERTIFICATE OF COUNTY COMPTROLLER
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A REPLAT OF A PORTION OF LOT 1, LAKE JOHIO SHORES
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A REPLAT OF A PORTION OF LOT 1, LAKE JOHIO SHORES r P °' I 6' . "e "Ce a "t
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IN PLAT BOOK 27, PAGES 37 -39 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA.
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/ NORMAL RICH WATER v
SET WTNESS CORNER ELEVATION
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OCT. 21, 2010 ° II
FOUND IRON ROD &CAP m
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PLAT BOOK 0, PAGE 54
LAKE JOHIO SHORES
OWNER: FHB DEVELOPMENT CORP.
CERTIFIED T0:
BURR & FORMAN LLP CORNER FALLS IN LAKE CURVE TABLE
OLD REPUBLIC NATIONAL TITLE \
LADDAVANH BLANKS \
SEASIDE NATIONAL SANK \
SUNSHINE STATE FENCE \
� ��♦ SURVEYORS NOTES: - '.0Y w 1. THE SURVEYOR HAS NOT ABSTRACTED THE LAND SHOWN HEREON FOR EASEMENTS, RI :1�7 -6 Y OR RESTRICTIONS
- . . OF RECORD WHICH MAY AFFECT THE TITLE OR USE OF THIS LAND.
.♦♦;,� �,�♦♦♦ 2. SUBJECT DWELLING FALLS WITHIN ZONES AE & X ACCORDING TO THE F.I.R.M. VNP X �2095CU21G', DATEi` 9/25/09.
3. NO UNDERGROUND INSTALLATIONS OR IMPROVEMENTS HAVE BEEN LOCATED EXCEPT 43 SHOWN FE RE /N
4. BUILDING TIES SHOULD NOT BE USED TO REESTABLISH BOUNDARY LINES.
5. REPRODUCTIONS OF THIS SKETCH ARE NOT VALID WITHOUT THE ORIGINAL RAISEC `EAL OF FLORier PROFESSIONAL
ALLEN SURVEYOR AND MAPPER.
6. BEARINGS SHOWN HEREON ARE BASED ON THE EAST LINE OF LOT 72 AS !:AVII.0 A BEAP Ne OF
3 NORTH 00'04'37" WEST, PER PLAT.
COMPANY JOB NO 20100235 CALCULATED BY EGT FOR THE UC'aNt u BUSINESS # BY:
DATE: 10 -22 -2010 DRAWN BY: EGT
-._ SCALE: 1 INCH = 40 FEET CHECKED BY: JLR
213 S Dead $l Suitt 210/MlIkR DIM RUA 34767 � JAMLS L RICKMAN. PSM #5633
(4071654 - 5355 (4071654 - 5356 FAX FIELD BY: KH SIG NATURE DATE:
CURVE
RADIUS LENGTH BEA
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N ?—AT BOOK 27, PAGES 37 -39 OF THE PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA.
l 21 �5
N
t G ay v
� /— ELEVATION 115.6' u
NgtMAL HIGH WATER i
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CITY of OCOEE / BLANKS POOL - PREMIER POOLS / VARIANCE - SIDE YARD -HIGH WATER MARK
To Whom it may concern:
Lot 72 located at 2702 Kemos Landing, Ocoee, Fl. 34761 and owned by Laddavanh Blanks is a
one of a kind lot for WATERSIDE. There is no other lot like it in WATERSIDE.
The proposed pool project does not cause a danger to anyone or any of the surrounding
properties. The project meets the setback rules and is well under the allowed impervious.
This project will improve the value of the current home. By making this investment in the
property, the owner plans to stay in the neighborhood for many years, therefore committing
to the city of Ocoee and Waterside, financially and respectfully.
The pool permit has been declined due to the pool being in the "side Yard" and the po
being 40' from the high water mark instead of the required 50'.
#1 In the attached Neighborhood Plat (A), you will see that there is no other lot like it.
Although a "waterfront" lot, it is the only lot to have a "side yard" of "waterfront ". In reality,
in Orange County, despite how the house is situated on the property, the short side of the lot
is typically indicative to being the "front" or "rear" of the property. Due to this particular lot
being "locked in" by Lot 70 and 71, the long side of the lot is being considered the "front"
yard and "rear" yard. There is no other lot in Waterside with this problem. In regulation with
Orange County, it is our position that the lakeside is the "rear" yard.
All yards on the lake that are on New Victor Road have pools in the waterfront "rear" yard, as
per their homes situation on the property; as seen in the attached picture (B).
This improvement does not afford Ms. Blanks any privilege denied to anyone else that is
"waterfront" in WATERSIDE. Her lot is a "one of a kind ".
The home is turned at an angle to the property line as seen on the survey. It is not
perpendicular. Therefore, extending the rear line of the home along the length of the
property proves that 51.2% of the project is in the deemed "backyard ". 48.8% is in the "side
yard ", but meets the setback rule for the front and side yard. In reality the project is in the
"corner" yard.
Ms. Blanks wants the pool itself in what she considers to be her backyard. This is where her
view is and a major reason why she purchased the property. She is however taking advantage
of the space in her deemed "backyard" with most of the project. Her deemed "side yard"
faces a recreation area and the lake itself, therefore not restricting any other home's view of
the lake.
CITY of OCOEE / BLANKS POOL - PREMIER POOLS / VARIANCE - SIDE YARD -HIGH WATER MARK
#2 We would like to have you consider approving the pool at 40' from the high water mark.
The pool deck itself will be approximately 8' higher than the location of the high water mark
at 40' away. The edge of the water as indicated on her signed and stamped survey shows the
edge of the water an additional 10' from the high water mark in 2010. This according to the
survey puts the pool 50' from the actual water line as recorded in 2010. That waterline is
approximately 10.5' lower than the pool deck.
We appreciate your consideration(s). This is a unique lot and is one of a kind. Nobody else in
WATERSIDE has a lot like this. Therefore, Ms. Blanks is being presented with a hardship that
denies her of the exact situation all of her lakeside neighbors are privileged with; a pool that
faces the lake in an area ample enough to entertain and enjoy, while increasing the value of
her home and neighborhood.
Todd Paldin /Agent for Ms. Blanks
Premier Pools
321- 228 -4685
Laddavanh Blanks
2702 Kemos Landing
Ocoee, Fl. 34761
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F8bnuary6.2D14
L3dd3v8nhB|ankS
2702 RenlmsL8nding
Ocoee, FL 34761
Fle� Lake JOhiD Waterside Homeowners /\SSOCi8tiDn
OeerHorneO
Your /elueStto install 8 pool and ocp88n closure has been received and reviewed by
the A/ohitGoture| Review Board for Lake JohioVVaterSide Homeowners /\Ssooiat'on4 Inc
T�e Committee has approved your application aSSubmitted
It is the responsibility of the homeowner to abide by any County. City. State '-)/ Local
Laws and acquire any permits when necessary
Should you have any questiong, You may contact rneat(4O7)788-O7DO Ext,#338
Sincerely
LAK JOHIO WATE EOWNERSASSOC|AT|C}N. INC.
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Cornmu?iity Association Manager
218O West SIR 434 Suite 5000^ Longwood FL3Z779 orlanuo.aen,9mot.cmn
P 407 788 6700 F 407,788 7488
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Note: %il rt(Itiests must conform to all local Zoning and fluilding Re and you must obtain all
T)Crniitc ifthe krchitectural W% ic%% Board :ipprove< N rc(pest.
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wECTION TO BE COMPLETED BY ARCHITECTURAL RF\"IE\N BOARD
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Date puNshed and Med a Narnc
Th ursday May 22 2014 The West Orange Times X
..___ F_I RST INSE RT_I_O N -- - -- - - --
CITY OF OCOEE
NOTICE OF PUBLIC HEARING
REGARDING REQUEST FOR VARIANCE
APPLICANT: LADDABLANKS
CASE NUMBER: VR-14 -02
NOTICE IS HEREBY GIVEN, that the OCOEE CITY COMMISSION
will hold a PUBLIC HEARING on TUESDAY JUNE 3, 2014, at 7:15
P.M. or as soon thereafter as possible, at the Ocoee City Commission Cham-
bers, 150 N Lakeshore Drive, Ocoee, Florida, in order to consider the peti-
tion of Ladda Blanks 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 2702 Kemos Landing. The
Orange County Property Appraiser Identification Number (PIN) is 16 -22-
28- 9063 -00 -720. The applicant is requesting two variances. The first vari-
ance is to put an accessory structure in a side yard. The second variance is to
allow the accessory structure to go from fifty (50) feet to forty (40) feet away
from the mean high water line.
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 ofthe City of Ocoee Land Develop-
ment Code. A copy f the application and the City of Ocoee Staff Report
may be examined at o the Planning Department located in City Hall at the
address indicated above, between the hours of 8:oo 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 bear-
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. 14- 02786W
May 22, 2014
Serial Number i � T
14- 02786W M at
TIM
your community newspaper
West Orange Times
Published Weekly
Winter Garden , Orange County, Florida
COUNTY OF ORANGE
S.S. VR -14 -02
STATE OF FLORIDA
Before the undersigned authority personally appeared Kim Martin who on
oath says that he /she is Publisher's Representative of the West Orange Times a
weekly newspaper published at Winter Garden , Orange County, Florida; that the
attached copy of advertisement,
being a Notice of Public Hearing
in the matter of Notice of Public Hearing on June 3, 2014 at 7:151)m
in the Court, was published in said newspaper in the
issues of 5/22/2014
Affiant further says that the said West Orange Times is a newspaper
published at Winter Garden , Orange County, Florida, and that said newspaper has
heretofore been continuously published and has been entered as periodicals matter
at the Post Office in Winter Garden in said Orange County, Florida, for a period of
one year next preceding the first publication of the attached copy of advertisement;
and affiant further says that he /she has neither paid nor promised any person, firm or
corporation any discount, rebate, commission or refund for the purpose of securing
this advertisement for publication in said newspaper.
*This Notice was placed on the newspaper's website and floridapublicnotices.com
on the same day the notice appeared in the newspaper.
I{,i artin
Sworn to and subscribed before me this
22nd day of May, 2014 A.D.
by Kim Martin who is personally known to me.
a" Notary Public, State of Florida
..z (SEAL)
FY, P i /� J e z 0..i ! a tl ` 6
CCIIKK!SSICij # FF 101736
EXPIHS: klar. 13, 2018
vniw.AARCAI GTAl ?Y.COM
// /111111�
CITY OF OCOEE
NOTICE OF PUBLIC HEARING
REGARDING REQUEST FOR VARIANCE
APPLICANT: LADDA BLANKS
CASE NUMBER: VR -14 -02
NOTICE IS HEREBY GIVEN, that the OCOEE CITY COMMISSION
will hold a PUBLIC HEARING on TUESDAY JUNE 3, 2014, at 7:15
P.M. or as soon thereafter as possible, at the Ocoee City Commission Cham-
bers, 150 N Lakeshore Drive, Ocoee, Florida, in order to consider the peti-
tion of Ladda Blanks for a variance according to the provisions ofArticle IV,
subsection 4 -9 of the City of Ocoee Land Development Code.
Action Requested: The parcel is located at 2702 Kemos Landing. The
Orange County Property Appraiser Identification Number (PIN) is 16 -22-
28- 9063 -00 -720. The applicant is requesting two variances. The first vari-
ance is to put an accessory structure in a side yard. The second variance is to
allow the accessory structure to go from fifty (50) feet to forty (40) feet away
from the mean high water line.
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.
May 22, 2014 14- 02786W