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HomeMy WebLinkAbout05-14-2014 Minutes MINUTES OF THE BOARD OF ADJUSTMENT REGULAR MEETING HELD MAY 14, 2014 CALL TO ORDER Acting Chairman Colburn called the meeting to order at 5:59 p.m. in the Commission Chambers at City Hall. He further led the Invocation and the Pledge of Allegiance to the Flag; the Clerk called roll and declared a quorum. PRESENT: Acting Chairman Colburn, Member Carpenter and Member Wrobel. Also present were City Planner Rumer, Planner I Jones, Assistant City Attorney Drage, and Deputy City Clerk Sibbitt. ABSENT: Vice Chairman Cadle and Member Carrington. ELECTIONS — This was tabled to the next Board of Adjustment Meeting. APPROVAL OF MINUTES — MAY 30, 2013 Member Wrobel, seconded by Member Carpenter, moved to approve the minutes of May 30, 2013. Motion carried 3 -0. OLD BUSINESS - None NEW BUSINESS FREEMAN VARIANCE (0 S. LAKESHORE DRIVE) City Planner Rumer announced that staff is requesting to withdraw this item. Upon consultation with the applicant, they realized that an additional variance or two may be necessary, and to avoid multiple appearances before the Board of Adjustment, they would like to withdraw. Staff will re- advertise and re- notice surrounding residents once the applicant is ready to meet. BLANKS VARIANCE (2702 KEMOS LANDING) Planner I Jones presented exhibits and the staff report for the variance request by applicant, Ladda Blanks, for a proposed swimming pool on the side of the yard. According to 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." The applicant is also requesting approval to put the pool 40 feet from the mean high water line, which is 10 feet off of the required 50- foot mean high water setback mark. BACKGROUND The subject property is located in the cul -de -sac on lot 72 of the Waterside plat. RECOMMENDATION This is the only lot to have a side yard of waterfront and the other lots at Waterside have a waterfront at the rear of their property. Based on the unique parcel property lines staff does find the variance requested by Ladda Blanks to be supportable. Board of Adjustment Regular Meeting May 14, 2014 DISCUSSION Acting Chairman Colburn opened the public hearing. As no one wished to speak, the public hearing was closed. Member Carpenter, seconded by Member Wrobel, moved to recommend to the City Commission approval of the Blanks Variance as presented by staff. Motion carried 3 -0. PATRICK VARIANCE (1912 MARSH WREN COURT) City Planner Rumer presented exhibits and the staff report for the variance request by applicant Bonnell Patrick, for a variance approval of an enclosed storage structure that was constructed without permits under a deck located on the rear of the property. The storage structure encroaches 14 feet into a 25 -foot upland buffer, conservation & drainage easement which is dedicated to the City of Ocoee. The Comprehensive Plan and Land Development Code require a 25 -foot conservation from the 100 -Year Flood Plain and wetlands. No development other than a public infrastructure has encroached into the buffer area. Therefore, the applicant will not be deprived rights commonly enjoyed by other properties with similar conditions. A letter received by the law firm representing Willows on the Lake at Lake Johio Homeowners Association in objection to the variance request was also provided to the Board of Adjustment members. City Planner Rumer briefly shared that at some point, staff is looking to modify the requirement for a 25 -foot hard buffer. In which, most of those are done with a degraded wetland. In this case, because it is a conservation area, it would be considered a high class wetland. BACKGROUND The subject property is located on Lot 25 of the Willows on the Lake plat. Lot 25 contains "C" drainage, which is front to rear. RECOMMENDATION Based on the findings of a 25 foot conservation easement required from the 100 -Year Flood Plain and wetland, staff does not find the variance requested by Bonnell Patrick supportable. DISCUSSION Acting Chairman Colburn clarified that when the deck was built, it was originally approved by the building department and the issue at hand as he understands it, is what was built below the deck. City Planner Rumer answered affirmatively. Mr. Rumer 2 Board of Adjustment Regular Meeting May 14, 2014 further explained that a resident who owns a home on a lake with a conservation easement can still construct a dock into the lake as well as a boardwalk. The requirements are that the dock and boardwalk have to be above the mean high water level. With the Patrick residence, if the deck was built into the conservation easement and left with just the poles beneath the deck, then city staff would be able to work with them. Once they built the structure, it became an issue. Acting Chairman Colburn inquired if the homeowner was aware that there may have been a deed restriction at the time of purchase. City staff advised that they would not be aware of that. Brief discussion ensued regarding the approval of the original deck. Member Carpenter asked would this structure be permitted if /when the possible future change of the hard buffer is in place. City Planner Rumer advised those changes would only apply to new development that are adjacent to low class wetland. Member Carpenter further clarified again that the issue is the structure impeding the water and not so much the deck. City Planner Rumer said that was correct. The construction of the structure in an area that cannot have development is the issue which is why staff does not support the request. Acting Chairman Colburn opened the public hearing. Peter McGrath, 801 N Magnolia Ave Ste 317, Orlando, FL, attorney representing the applicant, spoke in regards to some of the questions asked by the board. He shared that there was a 25 -foot easement when the plat was recorded; however, the State of Florida St. Johns Water Management District has abandoned the easement that goes right up to the shoreline. Therefore, the 14 -foot encroachment is onto the City's easement. There is about 70 -feet from that easement to the waterfront. Mr. McGrath further explained that the structure that was built is temporary in nature as the interior of the structure is dirt floor and can be easily removed if there is any easement maintenance that the city may need to do. He further opined that the improvement will not impede the flow of water if the applicant maintains a dirt floor. The applicant put the enclosure under a balcony that has already been permitted and approved because he needed the enclosure for purposes of storage. Bonnell Patrick, applicant, briefly spoke to advise that when he purchased the home he was not given any information regarding HOA rules or regulations. Acting Chairman Colburn commented that when the deck was originally put in, permits were applied for and granted. He is to also assume once the deck was completed that inspections were done. If the applicant knew the procedure for that project, then why was the structure built underneath the deck without going through permitting. Mr. McGrath agreed that his client did fail to do that. His client was advised once he went to the building department that he would need to go before the Board of Adjustment for the encroachment. Acting Chairman Colburn explained to Mr. McGrath that the Board of Adjustment is only a recommendation board to the City Commission. The City Commission will be making the final determination. Mr. McGrath said that they will 3 Board of Adjustment Regular Meeting May 14, 2014 appeal to the City Commission should the Board of Adjustment not be able to grant them the variance. After a brief discussion regarding the lot boundaries, Assistant City Attorney Drage made a point of clarification that the process in Ocoee is that the Board of Adjustment will make a recommendation to the City Commission and it will not be an appeal if they are not satisfied with the decision made today. Discussions continued regarding the deck extending over the upland buffer to the 100 -year flood line and if the structure meets any of the four criteria. Neil Saydah, 2572 West S.R. 426, Suite 2032, Oviedo, FL, attorney representing the Willows on the Lake HOA, said he sent out the letter of opposition in granting this variance that was provided to each member. He briefly explained both the plat and the deed restrictions were recorded in 2001 and Mr. Patrick took title of the property in 2009. Mr. Patrick's knowledge of the restrictions, covenants, and easements recorded is implied, just as his knowledge of the laws and ordinance governing construction is implied, as well. As noted in the letter he provided the board, a significant amount of dirt was excavated, which completely blocks the drainage. Mr. Saydah said he will look into whether the St. Johns Water Management abandoned their easement as he was not aware of it. The city based their easement on the St. Johns Water Management easement; therefore, whether or not St. Johns abandoned their easement does not change the intent to have nothing in the area from the upland side of the City's easement to the water line. With regards to what was permitted, Mr. Saydah advised what was submitted to the HOA board was a deck that was to be constructed up to the limit of the easement. Acting Chairman Colburn closed the public hearing. Member Carpenter, seconded by Member Wrobel, moved to recommend to the City Commission denial of the Patrick Variance as presented by staff. Motion carried 3 -0. OLD BUSINESS - None OTHER BUSINESS - None COMMENTS - None ADJOURNMENT The meeting adjourned at 6:40 p.m. " NA ICOAA jtlij d Melanie Sibbitt, Deputy City Clerk Bob Colburn, Acting Chairman 4