HomeMy WebLinkAboutItem #15 Roger Freeman (Unaddressed S. Lakeshore Drive) VarianceWS 'J
florida
AGENDA ITEM COVER SHEET
Meeting Date: September 16, 2014
Item # 5
Contact Name:
Contact Number:
Michael Rumer 8
Reviewed By:
Department Director:
City Manager:
Ext. 1018
Subject: C. Roger Freeman
Variance Application # VR -14 -01
Unaddressed S. Lakeshore Drive
Commission District #2 — Rosemary Wilsen
Background Summary:
Content of Variance Request
The applicant, C. Roger Freeman, is requesting approval for three variances for a proposed single - family dwelling
unit: i) side - street setback variance from 30 feet to 15 feet on Magnolia Street, ii) rear yard setback variance from
35 feet to 25 feet, and iii) lot width variance from 85 feet to 80 feet.
The subject property is located on Lot 17 and half of Lot 16 of the Marion Park plat. The parcel has been in its
final configuration since 1966. The parcel is vacant.
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.
The parcel does have special conditions as it exceeds the minimum lot size of the R -1AAA zoning designation
of 10,000 sq. ft. but does not meet the minimum width of 85 feet.
(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 subject parcel has been in existence before zoning laws were put in effect.
(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 will not be applicable
to all other lands within the city.
Board of Adjustment Recommendation:
The proposed variance request by C. Roger Freeman was reviewed at a Public Hearing by the Board of
Adjustment on August 28, 2014. The Board of Adjustment voted 4 -0 to recommend approval of the variance
request.
Issue:
Should the Honorable Mayor and City Commission approve a variance request by the applicant for three
variances for a proposed single - family dwelling unit which include: i) side - street setback variance from 30 feet to
15 feet on Magnolia Street, ii) rear yard setback variance from 35 feet to 25 feet, and iii) lot width variance from 85
feet to 80 feet?
Recommendations
Based on the recommendation of the Board of Adjustment and the evidence provided in the staff report, staff
does find the variance requested by C. Roger Freeman supportable. Should the City Commission make a finding
consistent to staff's, 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
Survey
Photos
Financial Impact:
None
Type Of Item: (please mark with an `z')
X Public Hearing
Ordinance First Reading
Ordinance Second Reading
Resolution
X Commission Approval
Discussion & Direction
For Clerk's Dept Use:
Consent Agenda
Public Hearing
Regular Agenda
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. N/A
Reviewed by () N/A
C Roger Freeman Variance
Location Map
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^ "= STARKE
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[N]
Freeman Variance
Location Map
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Ocoee Community Development
Department
1 inch = 333.333333 feet
11055 0 110 220 330 Feet
a 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)
M 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
C Roger Freeman Variance
Surrounding Zoning Map
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/ / O = Found 1 "iron pipe no id \\
A= satellite disk \
/ 0 = Set #4 rebor marked LB 6528 \
/ unless noted otherwise \
X Lot size = 10,563 square feet \
/ area withing possible setbacks = 3,739 square feet.
GRAPHIC SCALE
30 0 15 30 fi0 120
( IN FEET )
'I inch = 30 fL.
DESCRIPTION
AS RECORDED T H E IN PLAT 800K OF B LOCK F, MARION
RECORDS ACC TO
COUNTY, FL FLORIDA.
T THEREOF
NOTES
1. BEARINGS BASED ON THE ASSUMED BEARING OF N.00'00'00 "W. ALONG THE REAR LINE OF LOTS 16
AND 17.
2. APPARENT ABOVEGROUND ENCROACHMENTS, IF ANY, AS SHOWN.
3. UNDERGROUND ENCROACHMENTS, IF ANY, NOT LOCATED.
4, THIS SURVEY IS SUBJECT TO ANY FACTS THAT MIGHT BE DISCLOSED BY A FULL AND ACCURATE
TITLE SEARCH.
5. PROPERTY SHOWN HEREON LIES IN FLOOD ZONES "X" AND "AE ".
6 ADDITIONS OR DELETIONS TO THE SURVEY SHOWN HEREON BY OTHERS THAN THE SIGNING PARTY IS
PROHIBITED WITHOUT WRITTEN CONSENT OF SAID SIGNING PARTY.
I eman• omK ---
TRICK M. KELLEY, P.L.S. FLORIDA SURVEYORS CERTIFICATE N0. 4423
PA
NOT VALID WITHO THE ORIGINAL RAISED SEAL AND SIGNATURE OF A FLORIDA LICENSED SURVEYOR &MAPPER
THE .SURVEY DEP hERE 15 NOT COVERED BY PROFESSIONAL L IAO I7Y INSURANCE.
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FIRST INSERTION
CITY OF OCOEE
NOTICE OF PUBLIC HEAPING
REGARDING REQUEST FOR VARIANCE
APPLICANT: C ROGER FREEMAN
CASE NUMBER: VR -14-01
NOTICE IS HEREBY GIVEN, that the OCOEE CITY COMMISSION
will hold a PUBLIC HEARIN on TUESDAY, SEPTEMBER 16, 2014,
at 7:15 P.M. or as soon thereafter as possible, at the Ocoee City Commission
Chambers, 150 N Lakeshore Drive, Ocoee, Florida, in order to consider the
petition of C Roger Freeman for a variance according to the provisions of
Article rV, subsection 4 -9 of the City of Ocoee Land Development Code.
Action Requested: The unaddressed parcel is located on the southwest
corner of Magnolia Street and Lakeshore Drive. The Orange County Prop-
erty Appraiser Identification Number (PIN) is 17- 22 -28- 5504 -06 -161. The
zoning designation is R -lAAA (Single- family Dwelling). The applicant is
requesting three variances for a proposed single- family dwelling unit: i)
side - street setback from 30 feet to 15 feet on Magnolia Street, ii) rear yard
setback variance from 35 feet to 25 feet, and iii) lot width variance from 85
feet to 80 feet.
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 180.4.4.3 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 neces-
sary. Any interested party shall be advised that the dates, times, and places
of continuation of these or continued public hearings shall be announced
dining the hearing and that no further notices regarding these matters will
be published. You are advised that any person who desires to appeal any de-
cision made at the public hearings will need a record of the proceedings and
for this purpose may need to ensure that a verbatim record of the proceed-
ings 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.
September 4, 2014= 14- 0056W
um West Orange
114 -04 56W Number TIMES
your community newspaper
West Orange Times
Published Weekly
Winter Garden , Orange County, Florida
COUNTY OF ORANGE
S.S. VR -14 -01
STATE OF FLORIDA
Before the undersigned authority personally appeared Jessica Green 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 Hearin
in the matter of Public Hearing on September 16, 2014 at 7:15pm
in the Court, was published in said newspaper in the
issues of 9/4/2014
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.
Sworn to and subscribed before me this
4th day of September, 2014 A.D.
as A
Ay 1 I.
Jes'sica'
by Jessica Green who is peso ally known to me.
e /'
Notary Public, State of Florida
(SEAL)
M dy S. Martin
CGGISSION 0 FT129146
EXPIRES: July 25, 21018
www.AARONNOTARY.COM
CITY OF OCOEE
NOTICE OF PUBLIC HEARING
REGARDING REQUEST FOR VARIANCE
APPLICANT: C ROGER FREEMAN
CASE NUMBER: VR -14 -01
NOTICE IS HEREBY GIVEN, that the OCOEE CITY COMMISSION
will hold a PUBLIC HEARIN on TUESDAY, SEPTEMBER 16, 2014,
at7:15 P.M. or as soon thereafter as possible, at the Ocoee City Commission
Chambers, 150 N Lakeshore Drive, Ocoee, Florida, in order to consider the
petition of C Roger Freeman for a variance according to the provisions of
Article IV, subsection 4 -9 of the City of Ocoee Land Development Code.
Action Requested: The unaddressed parcel is located on the southwest
corner of Magnolia Street and Lakeshore Drive. The Orange County Prop-
erty Appraiser Identification Number (PIN) is 17- 22 -28- 5504 -06 -1 The
zoning designation is R -1AAA (Single- family Dwelling). The applicant is
requesting three variances for a proposed single- family dwelling unit: i)
side- street setback from 30 feet to 15 feet on Magnolia Street, ii) rear yard
setback variance from 35 feet to 25 feet, and iii) lot width variance from 85
feet to 80 feet.
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 neces-
sary. Any interested party shall be advised that the dates, times, and places
of continuation of these or continued 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 de-
cision made at the public hearings will need a record of the proceedings and
for this purpose may need to ensure that a verbatim record of the proceed-
ings 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,_04456VJ
September 4, 2014