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VI(D) Variance Request: Bori, 2249 Cliffdale Street, Case #05VR-2000 - Request To Allow An Unpermitted Storage Shed To Remain Within The 7.5' Side Yard Setback Agenda 11-07-2000 Item VID "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•COMMISSIONER Ocoee S.SCOTT VANDERGRIFT ��f.ry • O CITY O F OCOEE COMMISSIONERS �/ .,,, . DANNY HOWELL _ a� J. a 150 N.LAKESHORE DRIVE SCOTT ANDERSON " OCOEE,FLORIDA 34761-2258 RUSTY JOHNSON �`°yjF `J`w (407)905-3100 NANCY J.PARKER �,.a te CITY MANAGER ELLIS SHAPIRO STAFF REPORT TO: THE HONORABLE MAYOR&BOARD OF CITY OMMISSIONERS FROM: JULIAN HARPER, ZONING COORDINATOR di THROUGH: MARTIN VELIE, BUILDING &ZONING OF"CIAL DATE: OCTOBER 5, 2000 SUBJECT: VARIANCE APPLICATION 05VR-2000: BORI 2249 CLIFFDALE STREET ISSUE Should the Honorable Mayor and Board of City Commissioners approve the requested variance which would allow an "after - the - fact" building permit be issued would allow an illegally constructed storage shed to remain within the 7.5' side yard setback of the subject property, being approximately 4.5' from the property line (see attached site location maps Exhibits #1 and #2)? BACKGROUND DISCUSSION The Applicant, Mr. Hector Bori, erected a 5' x 7' storage shed in the side yard of and attached to the home (see Exhibit#3 photographs) without first obtaining the prerequisite building permit in July of this year. The Cross Creek Homeowner's Association detected the structure and directed the Applicant to obtain a building permit, which he applied for July 24, 2000. The permit was rejected on July 27, 2000 citing the Land Development Code (L.D.C.) Table 5-2, "Minimum Zoning Descriptions", citing "no structure to be erected within 7 1/z' of side property line". Also, although not cited in the building permit rejection, the L.D.C., Article V, Section 5-6(B) prohibits the construction of accessory structures in side yards. Lastly, the subject shed is at least partially built upon into the 5' side yard drainage and utility easement without first obtaining the Engineering Department's approval,which is normally reviewed via the building permit process. During the Board of Adjustment's Public Hearing held on September 21, 2000, the Applicant stated that he constructed the subject shed upon an already existing concrete slab that was in place upon his move-in of the home. Please note that a review of the available site plan/surveys submitted as per the pool/deck and screen cage permits, permit #0002590 on February 4, 1999, and permit#0002894 on March 23, 1999, respectively, indicate that the subject concrete slab was Tit D� POW / /- "CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•COMMISSIONER OCOG®. S. SCOTT VANDERGRIFT cy CITY OF OCOEE �" � � COMMISSIONERS .: till .. DANNY HOWELL 2. 150 N.LAKESHORE DRIVE SCOTT ANDERSON v OCOEE,FLORIDA 34761-2258 RUSTY JOHNSON `°y41 ..� `4> (407)905-3100 NANCY J.PARKER • Po ti. — CITY MANAGER ELLIS SHAPIRO not present at that time (see attached Exhibit #2). This, despite the fact, that an air conditioning pad, pool/deck step-out porches, etc. are shown. Thus, it appears likely that the subject 58"x 87" +- shed slab has been constructed subsequent to the construction of the home, pool, and deck in 1999. APPLICANT SUBMITTALS The Applicant has supplemented the Variance Application material with three support letters from his neighbors which are attached as Exhibits #4-1 to #4-3. Please note that the two photographs that make up Exhibit #3 and which portray the subject shed were taken by the Applicant. RECOMMENDATION Staff recommends denial of the Applicant's variance application because: 1) He failed to follow the correct procedure to first apply for a building permit before erecting the subject shed, thereby assuming the cost and risk of being rejected, as the project violates at least three code provisions as outlined in the"ISSUE"paragraph above. 2) The granting of the requested variances would have "the effect of nullifying the intent and purpose of these regulations" (see attached Exhibit #5 of L.D.C. Article IV, Section 4-9, "Variances", pages 18093 - 18094). Furthermore, such variance shall not be granted by the City unless and until"the following have been demonstrated",which none have: a) "Special conditions and circumstances exist which are peculiar to the land involved and which are not applicable to other lands"; b) "That a literal interpretation of the provisions of these regulations would deprive the Applicant of rights commonly enjoyed by other properties with similar conditions"; c) "That the special conditions and circumstances do not result from the actions of the Applicant"; d) That the granting of the variances requested will confer on the Applicant any special privilege that is denied by these regulations to other lands .... under similar conditions". Po Pn;tect Oci}nc's W tci RES&u[ur4 ti t ; • A% 1 ..),1 w1AGVIRE RD • • ad; '•!.- •• • : . /I(IIIcIi1LLIc . - a• �1 4 • - If % lk :icr•j y : • • -o� I j •, .• Y • V f • r e _ .lr 1..1 : O -r: yy , a •:: .:•'• •:::.:••••;":::•':: :::::::::::-:...i.:.•:::.; r .•:..s....::-:z.--. .. ."— [•::::.S.:.,•-•• .'. jTTJ ; Yv • • • PLAT OF SURVEY LEGAL DESCRIPT1PON (AS FURNISHED) LOT 221, CROSS CREEK, PHASE II, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 37 PAGES 16-18, OF THE PUBUC RECORDS ORANGE COUNTY, FLORIDA. • • 1v '60--(A_ 8//C/Or • LOT 220 1 • 1 1 • S88'56'42"W �? WALK IS t 9 120.38' taw 'HM oN IJO, 1 , • 5' DRANAGE k UTUTY EASOAEN.T .1 I Nk }. . ; : 45.0' :i. 15-11 Z I ` TWO STORY °i ::•'r1.1:y... I ..,; 9� `�� p $ r ° CONCRETE BLOCK •.....I:.,.: . ::.:-..I.`„ # _ I v RESIDENCE 4.1; .•.:-':"::'27.{. •: '' .fE r p0 N U1 F ,m !• • ... FINISHED FLOOR N I k © o fr1 '`R ELEVATION 131.75' - • t ' m x:.: 111 -n d( I COVERED I j 1 1......"'.. �: ENTRANCE o = .t 20 1 :�:: - -- � I I Crri Tl I ,'•,'{V z9.a' QL 1 • 7.5' BSI. 7,a'DRAINAGE At LRU7, Qc 'L 88 561 42O W L 9.5. P. 0.1'ON . N8 Y9' 9 5 1 A0.98' WALK IS ® 25 007.E REPRC NAIL k DISK NO NUNBER I LOT 222 • � 6rr CD = Ol'50'O1" 5*e7 r31 Al 37 S r' R = 1875.00' z —6 • L = 60.01' CB=N 01'37'36" LEGEND " PROPOSED DRAINAGE FLOW ® � = OO'Z1 52 _7.5BS. — • — BUILDING SETBACK UNE R = :1875.00' // //�� -- - -- CENTERLINE L 11.93' I'll j /T — — RIGHT OF WAY UNE CB=N 00'31'40" W y[� / � 99.9. EXISTING ELEVATION •• CONCRETE CERTIFIED TO: 13 DENOTES REC NAIL AND DISK NO NUMBER D.R.H. TITLE COMPANY OF FLORIDA, INC. 0 DENOTES REC 1/2' IRON ROD AND CAP LB#6393 •FIDELITY NATIONAL TITLE INSURANCE COMPANY R DENOTES RADIUS HECTOR & HOLLY BORI S r lye, O�I'd . /� e}.�t DENOTES DELTA ANGLE CH MORTGAGE COMPANY, I, LTD. G'T. C �//`�� O�v •�V/IC,L L DENOTES ARC LENGTH C.B. 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"1da d ("CD c.re Ito► .LSaY+n .�y,•�� ,'b`^ :tom S`n �aH�N� 4,— -6VaA 1- SnN1 - nd'st `I La a o� d?tts\s 3NA ) N `.1- `'c . •�•.� 9n-1.\� 4�v� Q,1 �S5a6 ,bo4 ate_ _ 151d kvl 3 o,- r,o`D 5 v,\ S\` ?4\1/4lS G, dS cav<t -i-d''►`t C.-, Ld A S-^ °cam 3-�OW S\, Q�ttS 9ki_ \ r 'a'I a.'d'1a.'j7)-'�' Ntm it,- Qy De 1 L, k_ _ • nI1tf�o"\ 'a4'% - brO SQz�'d►r. � � t\ •' Sr o-�-f o‘1'd-•` O\� rJ 4 - -ttC"� ` ttLv.oS '& _ L7 4\ -,'d 1.•vt'�,- Nay9�L NN S\ a"a�S `z3\.�� c� 'l.�pp� � �S�I y -,�w��' 191,}.T_. '1.3` aoJQ asKs -%4a,.1443(1.sak, ``ac7C3. L., Ooo& c \c• . 1"-, Ocoee, August 1, 2000 • • Steve Chin 2452 Cliffdale street. Ocoee, Fl. 34761 To Whom It May Concern, I, Steve Chin, who resides at 2452 Cliffdale Street, Ocoee, Florida, has no objection to the shed that has been build on the south side of the house at 2449 Cliffdale Street, Ocoee Florida. The above mentioned shed, which is directly across from my residence, looks like part of the house with matching exterior color and landscaping. Sincerely, q�t Steve Chin r- - C, S''410 51 42 040:gar 22 419 CL/TAIDA ' s T.PEET 08/03/00 To Whom It May Concern: r I am writing this letter to the City of Ocoee concerning the add on shed on the property located at 2449 Cliffdale Street. My resident is located across the street at 2458 Cliffdale Street. I have no objection to having the shed attached to the house. I believe the reason people have raised objections to the addition is because they saw it being built and before it was painted. Currently the shed is painted the same color as the house. One additional improvement that could be made to help it blend in further with the house is to match the siding. Currently a wood type siding covers the outer walls of the shed. If the walls were covered with stucco, I seriously doubt anyone would notice the shed was even there. Scott McKenzie • . ,AYH/8o-* 41_3. cAsEiYO 70-;20or=S®es 2 2 q9 C L/{F49te Sr�P(Jr- ARTICLE IV (3) The proposed uses and structures would not violate the health, safety, welfare, and/or convenience of those residing,working or owning land in the vicinity of the proposed use or structure, specifically with respect to: (a) The use or structure would not exceed the applicable density or bulk regulations except as specifically authorized, nor shall the use or structure result in overcrowding of land or buildings; (b) The use or structure would not impair pedestrian or vehicular movement in adjoining streets so as to violate adopted level of service standards; (c) The use or structure would not create a fire hazard; (d) The use or structure would not result in noise, odo other similar characteristic which is detectable at tl which exceeds the level which will result from permit (e) The use or structure would not prevent an adjoininc legal use of his property pursuant to this Code; (f) The use or structure would not violate a requiremei applicable state or federal law or regulation, and; (g) The use or structure would not result in the inadequ — public facility or service to meet adopted standards. - - § 4-9 VARIANCES - - The Board of Adjustment may recommend and the City Commission may grant a variance from the terms of these regulations when such variance will not be contrary to the public interest and where, owing to special conditions,a literal enforcement of the provisions of these regulations would result in unnecessary hardship. Such variance shall not be granted if it has the effect of nullifying the intent and purpose of these regulations. Furthermore, such variance shall not be granted by the City unless and until: A. Application A written application for a variance is submitted with the application fee demonstrating: (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; (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; (3) That the special conditions and circumstances do not result from the actions of 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. No pre-existing conditions of neighboring lands which are contrary to these regulations shall be considered grounds for the Issuance of a variance. Adopted July 21, 1992 18093 CAsf 44A osk '-.z 000:ioQ-r / of B. Findings ARTICLE IV The Board of Adjustment shall make findings that the requirements of this section have been met: (1) A public hearing on the proposed variance shall be held. The public hearing may be held prior to or simultaneously with the public hearing for approval of the Preliminary Plan. Both the Board of Adjustment and City Commission public hearings must be advertised in a newspaper at least seven (7) days before each hearing. All property owners within 300 feet of the subject property must also be notified by mail at least seven (7) days prior to the hearing date. This notice may include information on both the Board of Adjustment and City Commission hearings if the item goes before both Commissions. If the hearing information for the City Commission meeting is not available at the time the notices must be sent for the Board of Adjustment meeting, a second notice to property owners must be mailed seven (7) days before the City Commission hearing detailing the meeting time, place, and other particulars. (2) The Board of Adjustment shall further make a finding that the reasons set forth in the application justify the granting of the variance which would make possible the reasonable use of the land, buildings, or other improvements. (3) The Board of Adjustment shall make further finding that the granting of the variance would be in harmony with the general purpose and intent of these regulations,will not be injurious to the surrounding territory, or otherwise be detrimental to the public welfare. C. Board of Adjustment and City Commission Action In recommending any variance, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with these regulations and the City Commission may approve such conditions. Violation of such conditions and safeguards when made a part of the terms under which the variance is granted, shall be deemed a violation of these regulations and Chapter 65-2015, Laws of Florida. § 4-10 DEVELOPMENT AGREEMENTS A. Intent and Purposes Development Agreements are agreements-which may be entered into by a landowner and/or his or her agent and the City Commission consistent with the provisions of Sections 163.3220 through 163.3243, Florida Statutes, for one or more of the following purposes: (1) To provide for a longer time period for performance under this Code. (2) To guarantee that the regulations existing at the time of execution of the development agreement shall govern the development for the duration of the ' agreement, except as specifically restricted herein. (3) To provide for phasing of developments and associated required improvements, including phasing of improvements required to maintain level of service standards for public facilities. Ern a,B/T #_S Adopted July 21, 1992 18094 CAST WO* 0s"fie—2000. drier of z Orland® NOTICE OF PUBLIC HEARING 1 REGARDING REQUEST FOR VARIANCE AFFECTING PARCEL st,l, tine) • DESCRIBED BELOW • CASE NO.05VR-2000:BORI NOTICE IS HEREBY GIVEN,that the Board of Adjustment of the City of Published Daily Ocoee has scheduled a Public Hearing for Thursday,September 21,2000,at 7:30 p.m.,or as soon thereafter as&tate of, 'Yoriba pos- sible,in order to consider the petition of - Hector Bori,for a variance according to the provisions of Article IV,Section 4- COUNTY OF ORANGE S.S, O9(coee paged8Dev.lopme18094 ofthee. of COUNTY Land Development Code.AC- TION REQUESTED:The Applicant is requesting a variance to allow the issu- . ance of a building permit to keep a star- . Julia Nichols aye shed built without a permit in the Before the undersigned authority personally appeared . side-yard beside his home;the Land Development Code Article V,Section 5= who on oath says 6(B)prohibits accessory structures in that he/she is the Legal AdvertisingRepresentative of Orlando Sentinel, a dailyside yards and subject shed is built P within the 7.5'side setback being ap-, newspaper published at ORLANDO in proximately 4.5'from the side property 3 R ANGE County, Florida; line in violation with Table 5-2- that the attached copy of advertisement, being a NOT ICE OF PUBLIC The Ocoee City Commission will hold a' Public Hearing to consider and take ac- in the matter of O5VR-2E100 BORI ' Lion upon the Board of Adjustment rec- ommendation on Tuesday,October 17, ORANGE . Court, 2000, t 5pth or eassoonll,behter in the as possible.Both meetings will be held waspublished in said newspaper in the issue;of Hall,in the Commission Chamberse at City D9l�4/U!Q 150 N.Lakeshore Drive,Ocoee, Florida 34761. . The address of the subject property is 2449 Cliffdale Street. The Orange County Property Tax I.D.No.of the sub- . Affiant further says that the said Orlando Sentinel is a newspaper published at ject property is32.22-28.1855.02.210. ?RI AN DO in said This notice i• s given pursuant to .Cha• pter °RANGE County, Florida, IV,Section 4-9(B),page 113094 of the City Land Development Code.Interest- and that the said newspaper has heretofore been continuously published in ed parties may appear at the cited' saidmeetings and be heard with respect to ORANGE• County, Florida, the proposed variance.A copy of the aach Week Day and has been entered as second-class mail matter at the post Applicant's petition and the City of )ffiee in Ocoee Stall Report may be examined in• ORLANDO in said the Building Department at-Cit Hall, ORANGE • County, Florida 150 N.Lakeshore Drive,Ocoee,Florida 34761,between the hours of 8:00-a.m. 'or a period of one year next preceding the first publication of the attached and 5:00 p.m.,Monday through Friday, or.phone Julian Harper,Zoning Coordr ;opy of advertisement; and affiant further says that he/she has neither paid ' . , nalor at(407)905-3195 for further de- ior promised any person, firm or corporation any discount, _rebate, tails' . ;ommission or refund for the purpose of securing this adve 'Bement for The Ocoee Board of Adjustment or publication in the said newspaper. Ocoee e public City Commission otherydatesinue and times as they deem necessary.Any in- terested party shall be advised that the 14th dates,times,and places of any continu- rhe foregoing instrument was acknowled • befo e me this day of ation of these or continued public hear- ings shall be announced during the Sept. 20 �0 •y la N •'hots hearing and that no further notices re- vho is personally known to me :nd • 4 you are these edma that anyill be published. " + You advised that person who `. 011 �5 ALL AL desires to appeal any decision made at —� the public hearings will need a record of. SEAL) • £ a proceedings and for this purpose may need to ensurev that a verbatimmre • - cord of the proceedings is made which -includes,the testimony and evidence up- L p USANDRA RhCY on which the appeal is based.Persons ' y EZ with disabilities needing assistance to a My Cr'n participate in any of thhese proceedings a •9/23/2002 should l n ntactadv theCit (Clerk s Ocee 48 at No.CC 777537 (407)905-3105.Rersonalty•--n r J O y f O Jean Grafton,Cityy Clerk September 13,2000 :-•..,:.. OLS3514206 9/14,2000 .