The URL can be used to link to this page

Home My WebLink AboutItem #16 Newlon (304 Log Run Court) Variance4W '! florida AGENDA ITEM COVER SHEET Meeting Date: September 16, 2014 Item # Rp Contact Name: Contact Number: Michael Rume� Ext. 1018 Reviewed By: Department Director: City Manager: Subject: James Newton • Variance Application # VR -14 -04 304 Log Run Court Commission District #4 —Joel Keller Background Summary: Content of Variance Request The applicant, James Newlon, is requesting approval for a rear yard setback from 25 feet to 17 feet for a proposed additional living space. According to the survey, the addition will be at least 20 feet away from the property to the west and 7 feet away from the 10 ft. drainage easement located at the rear of the property. There isn't any residential development behind the property. The subject property is located on Lot 117 of the Forest Oaks Unit 1 plat. 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 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 will not be applicable to all other lands within the city. Board of Adjustment Recommendation: The proposed variance request by James Newlon was reviewed at a public hearing by the Board of Adjustment on August 28, 2014. A brief discussion on the proposed development potential of the vacant acreage adjacent to the rear yard was discussed. After the brief deliberations, 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 a rear yard variance from 25 feet to 17 feet for a proposed addition to a single - family residence? Recommendation: Based on the recommendation of the Board of Adjustment and the evidence provided in the staff report, staff does find the variance requested by James Newlon 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 `x') X Public Hearing Ordinance First Reading Ordinance Second Reading Resolution 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 Reviewed by Finance Dept. Reviewed by () N/A N/A N/A For Clerk's Dept Use: Consent Agenda Public Hearing Regular Agenda 1) co I C/) + 0 R R a t y i ake U, �F i ry l� _. F r 7 All e i III+ = I ax James Newton Variance Surrounding Zoning Map ire t of Good L . d CO E: Ocoee Community Development Department 1 inch = 208.333333 feet 70 35 0 70 140 210 Feet 13 Subject Property Unincorporated Territory ®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) =f' Commercial (PUD) Low Density (PUD) ., Medium Density (PUD) High Density (PUD) Public Use (PUD) Unclassified Lakes and Water Bodies 1 HEREBY AFFMH I ILA T IIIF. SURFEY REI'RFSEJiI(0 HEREON IS IRUE Afi0 CORRECT BLOL'IvT Sll [S BgUCIi & I�OCI(EfT, WC. 10 111E BEST OF Hf K1UlllI.FDGE A110 BELIEF, AND IIIAT IT IM BEEN PAFPAREO la ACCORDANCE 1111{1 NINeHlll IECIIHICAL SIANUANOS AS SET Pllllil BT ]HE FLORIDA COftSLLYi�6 C7VLQ�GCLW LIN �YYOPA ORLANDO. PLrjUDA 6CARD Of Ll'�0 SURfEIORS, F'URSUANT 10 SECT 141 2.027 FLORIDA SIATUIES, L.S. 11o. NOT VAL11:'UNi ESS EMBOSSED, WITH SURVEYORS SEAL. 1 HEREBY CERTIFY THAT 'THE PRCPERTY SHOWN HEREON IS NOT CONTAINED WITHIN THE 100 -YEAR FLOOD PRONE AREA IN ACCORDANCE WITH NATIOMAL FLOOD INSURANCE RATE MAP COMMUNITY ( No. 120179 0175 6 z Bl w N 04 �� 0 o A-- r 0 -5 07, Irs U D � '81 56 :Q 50.0° - R. = A.;: 5 - / s q*o I I j9 4 0 0 r N P 0 Q LE GAL DESCRIPTION x LOT 117, LESS THE NORTHWESTERLY 5.50 FEET LYING SOUTHEASTERLY glvd- OF,ICONTIGUOUS TO, & PARALLEL WITH THE COMMON LINE BETWEEN (QK� LOTS 117 & 116, FOREST OAKS, UNIT ONE ACCORDING TO THE prQir PLAT THEREOF AS RECORDED IN PLAT BOOK 13, PAGES 84, 85, & ° 86, PUBLIC RECORDS OF ORANGE COUNTY, FLORIDA. PREPARED FUR: rDATE &•29 - 86 ..__.- J013 +k 530 . 5 5.17 H CATALINA FUMES \: , m - ` '. � ,� "� .- '��=r, a: « i ��"" ' ;, N '� fi , Yr' rb. ��.. Mtr ,s �,rs�d.. �. A�w �� j� �_� � y _ r S'� � G f .e._ � t_ .,� � � _ I ' R _ '� � A�w �� j� �_� � y _ a mWeA V ,, e Serial Number TI 14-04455W your community newspaper West Orange Times Published Weekly Winter Garden , Orange County, Florida COUNTY OF ORANGE S.S. VR -14 -04 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 Hearing 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 floddapublicnotices.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. V , Jessica Green by Jessica Green who is personglly k own to me. ^" Notary Public, State of Florida ' (SEAL) Kimberly S. Win COMMISSION # FF129146 EXPIRES: July 25, 2918 umna nw.AAR0t1N0TARY.00M CITY OF OCOEE NOTICE OF PUBLIC HEARIN REGARDING REQUEST FOR VARIANCE APPLICANT: JAMES NEWLON CASE NUMBER: VR -14 -04 NOTICE IS HEREBY GIVEN, that the OCOEE CITY COMMISSION will bold a PUBLIC HEARING on TUESDAY, SEPTEMBER 16, 2014, at 7:15 P.M. or as soon thereafter as possible, at the Ocoee City Commis- sion Chambers, 150 N Lakeshore Drive, Ocoee, Florida, in order to consider the petition of James Newlon 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 304 Log Run Court. The Orange County Property Appraiser Identification Number (PIN) is 03 -22- 28- 2834 -01 -170. The applicant is requesting a variance of a rear setback from 25 feet to 17 feet for a proposed addition. 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 40'7-905 -3105. September 4, 2014 14- 04455W U U U� G lyl C fl Qf1J u H u,� u uu �u�u n_uv u9 uu uuu p u Doul" puNbhed and e Ncam e 7 IT Ac�9ve nt oil AuiH FIRST INSERTION CITY OF OCOEE NOTICE OF PUBLIC HEARING REGARDING REQUEST FOR VARIANCE APPLICANT: JAMES NEWLON CASE NUMBER: VR -14 - 04 NOTICE IS HEREBY GIVEN, that the OCOEE CITY COMMISSION will hold a PUBLIC HEARING on TUESDAY, SEPTEMBER 16, 2014, at 7:15 P.M. or as soon thereafter as possible, at the Ocoee City Commis- sion Chambers, i5o N Lakeshore Drive, Ocoee, Florida, in order to consider the petition of James Newlon 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 304. Log Run Court. The Orange County Property Appraiser Identification Number (PIN) is 03 -22- 28- 2834 -01 -170. The applicant is requesting a variance of a rear setback from 25 feet to 17 feet for a proposed addition. 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. (i), 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 bongs in advance of the meeting at 407-905 -3105. Septemher 4, 2014, 14- 01-455W