VI (C1) Variance Request: Cox Lumber Company, Case #04VR-2000 11/09/00 THU 13:30 FAX 407 656 7590 COX LUMBER OCOEE Imuu1
Agenda 11-21-2000
a\ Item VlC1
rreaai`l TELEPNONE .
/ (407)656.6424
'(L- /Q \\ FAX
/ `) 1�7 (40T)656-7590
LUMBER CO.
P.O.BOX 39.OCOEE,FLORIDA 34761
320 ENTERPRISE ST.•OCOEE, FLORIDA 34761
November 9, 2000
Mr. Julian Harper, Zoning Coordinator
City of Ocoee, Florida
150 N. Lakeshore Drive
Ocoee, Florida 34761-2258
Dear Mr. Harper:
Thank you for your notification that we are to appear
before the City Commission on November 21, 2000. At
which time our "Variance Application 04VR-2000: Cox" is on
the agenda.
Upon review of my calendar, I will be unable to attend
on that date. As a result I am requesting a continuance to
December 5, 2000, the next scheduled commission date.
Yours truly,
ZGAz >63,
David Swisher
Reg. Sales Mgr.
JM9Fq
410...aaor
'NW,
"CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•COMMISSIONER
Ocoee S.SCOT(VANDERGRIFT
SCITY OF OCOEE CGMMISSIVNLRS
ao
:H _ DANNY 110\YETI.
n 150 N. LAKESHORE DRIVE SCO'IT ANDERSON
O('ORP, FLORIDA 34761-2258 RUSTY JOHNSON
�9t •%" 4:` (407)905-3100 NANCY 1. PARKER
1.4 5>
OF GOO
CITY MANAGER
ELLIS SHAPIRO
STAFF REPORT
TO: THE HONORABLE MAYOR AND BOARD OF CITY COMMISSIONERS
FROM: JULIAN HARPER, ZONING COORDINATORi� ,
THROUGH: MARTIN VELIE, BUILDING AND ZONING 0 ICIA
DATE: NOVEMBER 13, 2000
SUBJECT: * AMENDED STAFF REPORT *
VARIANCE APPLICATION
04VR-2000: COX
320 ENTERPRISE STREET
ISSUE
Should the Honorable Mayor and Board of City Commissioners approve the requested variances,
which would allow the construction of 700'lineal feet of lumber storage racks to be erected with
5' of the southerly and eastern property lines upon the subject property (see site location maps #1
to 144)?
BACKGROUND/DISCUSSION
* Note: The Applicant requested a public hearing continuance on September 21, 2000, because
of their requested amendments to the original Variance Application, until the October 19, 2000,
Board of Adjustment meeting.
** Note: The Applicant has requested a continuance for the scheduled November 21, 2000,
public hearing which the Staff has no objection to. Sec attached Exhibit #8.
The subject property is located at 322 Enterprise Street in the West Orange Industrial Park. It is
a 4.09 acre site when the .43 acre or 47' x 400' Florida Central Railroad right-of-way easement
which crosses the rear or southward end of the subject is included (see Exhibits #3 and #4). It is
zoned "1-2, General Industrial District". Cox Lumber Company primarily builds roof trusses at
this location.
The subject impervious area is estimated at 75% totally impervious or paved surfaces and roof
tops and 18% of the site consists of a densely packed clay and base soil mix which is estimated
to be 85% impervious, thus the total site's impervious surface coefficient is a minimum of 70%.
A search of the building permit records for this location reveals that a substantial amount of
building enlargements and on site improvements have taken place that do not appear to have
Pant
"CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE." MAYOR•COMMISSIONI:II
Ocoee S.SCOTT VANDERGRIFT
fro CITY OF OCOEE COMMISSIONERS
AP a D.ANNY HOWELL
a ISO N. LAKItcuolE6 DIiIVD. SCOTT ANDERSON
OCOFF, FLORIDA 34761-2258
n . . RUSTY JOI INSON
'•4•• O� (407)905-3100 NANCY J. PARKER
OP 6009
(Iry MANAGER
ELLIS SHAPIRO
been duly permitted, hence a 25' x 80' dry bottom storm water retention pond is the only on site
storm water management facility. A substantial amount of the subjects storm water drainage is
discharged directly into Enterprise Street via "French drains" constructed in the parking lot and
aisles.
Secondly, the Applicant has requested a variance to allow the construction of the above described
lumber storage racks within 5' of the rear and cast property line (see attached Exhibits #3 and
#4). Whereas, Ordinance No. 99-23"Commercial and Industrial Development Standards"
paragraph C (2)(c)(i), page 18174.13 states that(photocopy attached as Exhibit#5) " a minimum
10 foot landscape buffer is required between adjacent tracts (side and rear property boundaries).
These facts are presented to be considered when weighing the Applicant's request which will
reduce or eliminate the possibility of adding landscaping and stomtwater management upgrade.
Director of Planning Statement
The Director of Planning has issued a memorandum in regards to the requested variances. Please
see Exhibit#9. In summary, he makes three points, namely:
1) "Ordinance 99-23 clearly requires a ten foot wide landscape buffer along the side and rear
property boundaries with the installation of specific landscape materials". This, the
Applicant, has sought not to do.
2) "Based upon dozens of projects approved over the last several years, I know of no project
that approved with less than a ten foot wide buffer...".
3) "Table 5-2 of the Land Development Code requires a minimum ten foot side and rear
setbacks in 1-2 zoning districts...accessory structures...the Planning Department is not in
favor of the variance(s)requested...which warrant departure from a code provision which has
been consistently upheld...".
Assistant City Attorney Clarification
The Assistant City Attorney, Scott Cookson has provided the attached Exhibit #6 which he has
directed be placed in this Staff Report, namely "any approved variance that results in an
encroachment into the 47' railroad easement should contain the following condition based on the
existence of the easement;
"The granting of this variance and the issuance of any
resulting building permit shall not be constructed as granting
the owner any special right or entitlement concerning use
which supersedes any rights held by any easement holder".
POWt
"CENTER OP GOOD LIVING-PRIDE OF WEST ORANGE" MAY'VE•COMMIs51oNGR
Ocoee S.SCOTT VANDERGRIFT
°� •�� e CITY OF OCOEE COMMISsIONLEs
a DANNY HOWELL
Q 150 N. LAKESIIORE DRIVE
OCOEE,FLORIDA 34761-2258 SCOTT ANDERSON
r`• v RUSTY JOHNSON
f ' ? (407)905-3100 NANCY J.PARKER
GOOV
CI Pr MANAGER
ELLIS SHAPIRO
Florida Central Railroad as per their August 11, 2000 letter (attached as Exhibit #7) appears to
have granted Cox Lumber Company the right to "position storage racks or any other structures
on our easement .... however, in the event our easement would require activation .... we would
request the removal".
Board of Adjustment
The Board of Adjustment, at their October 19, 2000, public hearing by a unanimous vote did not
adopt the Staffs recommendation but instead recommended that the Applicant's requested
variances be granted with the conditions recommended by Assistant City Attorney Scott
Cookson as more fully explained in the motion for approval. Please see Exhibit #10, "Board of
Adjustment Draft Minutes"page 3 of 4 for the entire language of their approved motion.
RECOMMENDATION
Staff recommends that the Board of Adjustment recommendation granting the applicant's
variance request be set aside and instead a denial of the Applicant's two variance requests to
increase the percentage lot coverage or impervious coefficient even greater than the presently
existing 90% while providing no additional storm water collection and retention facilities.
Secondly, the "Industrial Development " standards specify a minimum 10 foot landscape buffer
between adjacent tracts.
The granting of the requested variances would have "the effect of nullifying the intent and
purpose of these regulations" (see attached 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:
1) "Special conditions and circumstances exist which arc peculiar to the land involved and
which are not applicable to other lands";
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 variances requested will confer on the Applicant any special
privilege that is denied by these regulations to other lands .... under similar conditions".
POWP
•
"CENT ER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•COMMISSIONER
S.SCOTT VANDERGRIFf
Ocoee OCOEE COMMISSIONER
o � �o
s.
CITY OF DANNY HOWELLES
SCOTT ANDERSON
�� a 15000 N.E, LAR DRIVE RUSTY JOHNSON
p OCOE[,FLORIDAIDA 34761-2258 NANCY J.PARKER
FGP (407)656-2322
CITY MANAGER
F���i 0� 6000�`, ELLIS SHAPIRO
MEMORANDUM
DATE: September 14, 2000
TO: Martin Velie, Building & Zoning Official
FROM: James W. Shira, P.E., City Engineer/Utilities Directo
SUBJECT: Cox Lumber Co.
Proposed Variance =_
I have reviewed a proposed revision to the request for variance, which was submitted
by Mr. David Swisher. The proposed changes that Mr. Swisher has made, in my
opinion, result in an insignificant increase in impervious area. There will be no St.
Johns River Water Management District permit required due to this increase and the
Ocoee Engineering/Utilities Department has no objection to the improvements proposed
under the new revised variance request.
If you have any questions, please call.
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used a the prima crez I a hello Isee Figure 9)
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instances where determined to be a rooriate b the Ci if shrubs �r y• a,and round vers comprise at least 75%of e re uired buffer area see Fi u r . I I `
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walkwa dnv wa se arators oa in to isl n s and linear
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Arkin area within the r ect site indudin drivewa s.
Figure 10
18174.13
SEP-01-00 16. 36 FROM,FOLEY 8 LARONER 1D-9076461793 PACE 1/1
FOLEY & LARDNER
ATTORNEYS AT LAZY
POST
NDO, FLICE ORIDA 2193
02 ER/I/7- 6
ORLANDO,FLORIDA 32502-2143
111 NORTH ORANGE AVENUE,SUITE 1800 0^ ����� Ca.
FLORIDA 32801-2386
TELEPHONE:(407)423-7656•
,/I, {-
FACSIMILE: (407)648-1743 0 7Y1 2 OGO. 11
E-MAIL:SCOORSONaFOLEYLAW.COAI
FACSIMILE TRANSMISSION _
TOTAL NUMBER OF PAGES 1 (INCLUDING THIS PAGE)
TO: i PHONE: FAX:
JUUAN HARPER— CRY OF OCOEE i 407-656-2322 1 407-656-8504
1FROM: SCOTT A. COOKSON, EsO.
SENDER'S DIRECT DIAL: (407) 244-3245 I
DATE: FRIDAY,SEPTEMBER 01, 2000
ICUENTIMATTER No: 020377-0107
(USER ID NO: 1681
RE: Board of Adjustments _
MESSAGE:
PLEASE INCLUDE THE FOLLOWING LANGUAGE IN YOUR STAFF REPORT FOR THE COX LUMBER
VARIANCE:
ANY APPROVED VARIANCE THAT RESULTS IN AN ENCROACHMENT INTO THE 47' RAILROAD
EASEMENT SHOULD CONTAIN THE FOLLOWING CONDITION BASED ON THE EXISTENCE OF THE
EASEMENT:
"THE GRANTING OF THIS VARIANCE AND THE ISSUANCE OF ANY RESULTING BUILDING
PERMIT SHALL NOT BE CONSTRUED AS GRANTING THE OWNER ANY SPECIAL RIGHT OR ENTITLEMENT
CONCERNING USE WHICH SUPERCEDES ANY RIGHTS HELD BY ANY EASEMENT HOLDER
If there are any problems with this transmission or if you have not
received all of the pages, please call (407) 423-7656.
Operator: Time Sent: Retum Original To:
LDonna Lindberg
CONFIDENTIALITY NOTICE: THE INFORM<TION CONTAINED IN THIS FArS1MItE MESSAGE is INTENDED ONLY NRsHE HEME RSOONAL
AND CONFIDENTIAL USE OF THE DESIGNATED REORIENTS NAMED ABOVE. THIS MESSAGE MAY
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THAT!INTENDED
HAVE RECHVEO THIS DOCUMENT IN ERROR, AND THAT ANY REVIEW, DISSEMINATON, DISTRIBDDON OR COPYING OF THIS
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L HAVE
AVEGREECtIVW DOS COMM THANK ATION IN ERROR.%EASE NOTIFY US IMMEDIATELY
FLORIDALORIDA M CENTRALIDLANDRAILROADRAILROAD
F
‘ 1 �t FLORIDA NORTHERN RAILROAD
EXrY/sir# 7
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Mr. David Swisher Reg. Sales Mgr. August 11, 2000
Cox Lumber Co.
3300 Fairfield Ave. So.
St. Petersburg, Florida 33712
Dear Mr. Swisher:
We are in receipt of you request regarding the easement on Lot N, West
Orange INDUSTRIAL Park Unit 1, 3/118. (320 Enterprise St. Ocoee, Fla. 32761.)
We acknowledge ownership of said easement and as such have no
objections or reservations to the placement of foundations constructed of
concrete, or any other acceptable material anchoring storage racks for lumber or
building material storage on our property.
These foundations, storage racks, or any other structures positioned on
our easement are acceptable.
However In the event our easement would require activation for the
purpose of rail service, we would request the removal or modification of any and
all encumbrances, as mutually agreed by both parties, to the extent that rail
service would be activated.
Sincerely,
Bennett ]. Biscan
Vice President — General Manager
3001 Orange Avenue,Plymouth,Florida Telephone 407-B80-8500
Malmo Addreee. P.O. Box 967.Plymouth.Florida 32768 Fax 407-08P0203
Exi/E'r 8'
"CENTER OF GOOD LIVING-PRIDE OF WEST ORANGE" MAYOR•COMMISSIONER
S. SCOTT VANDERGRIFT
Ocoee
o` CITY OF OCOEE COMMISSIONERS
\ DANNY HOWELL
�� p. ISO N. LAK£SHORE DRIVE SCUFF ANDERSON
OCOEE,FLORIDA 34761-2258 RUSTY JOHNSON
�I ��U (407) 905-3100 NANCY].PARKER
/. ``a
0f G00V CITY MANAGEK
ELLIS SHAPIRO
MEMORANDUM
TO: ELLIS SHAPIRO, CITY MANAGER ,,,,,,,,,,,,'''qqq
FROM: JULIAN HARPER, ZONING COORDINATOR
THROUGH: MARTIN VELIE, BUILDING AND ZONING FICIAL
DATE: NOVEMBER 10, 2000
SUBJECT: VARIANCE APPLICATION 04VR-2000: COX
Cox Lumber Company has requested a continuance for their scheduled November 21, 2000,
Public Hearing regarding Variance Application Case No. 04VR-2000:Cox, to the City
Commission meeting of December 5, 2000. Staff is ready to go with its presentation but has no
objection to granting the continuance. Please see the attached letter for further details.
If you have any questions, please let me know.
POW / o{z
EXff/B/T # f l
11/09/00 THU 13:30 FAX 407 656 7590 COX LUMBER OCOEE
� X u TELEP
HONE
656-342 4
, E (407)656-7590
LUMBER CO.
P.O.BOX 99•OCOEE,FLORIDA 34761
320 ENTERPRISE ST.•OCOEE, FLORIDA 34761
November 9, 2000
Mr. Julian Harper, Zoning Coordinator
City of Ocoee, Florida
150 N. Lakeshore Drive
Ocoee, Florida 34761-2258
Dear Mr. Harper:
Thank you for your notification that we are to appear
before the City Commission on November 21, 2000. At
which time our "Variance Application 04VR-2000: Cox" is on
the agenda.
Upon review of my calendar, I will be unable to attend
on that date. As a result I am requesting a continuance to
December 5, 2000, the next scheduled commission date.
Yours truly,
Uc1..o }'d.;..�„
David Swisher
Reg. Sales Mgr.
�y°F9
3 012
cxii/air f9-` 9
"CENTER OF GOOD LIVING- PRIDE OF WEST ORANGE" MAYOR•COMMISSIONER
COee S. SCOTT VANDERGRIFT
{�.[� o CITY OF OCOEE COMNIISSIONtRS
��.i 150 N. LAKESHORE DRIVH DANNY IIOWI!LL.
OCOEE,FLORIDA 34761-2258 SCOPE'ANDERSON
(407)905-3100 RUSTY JOHNSON
1 i NANCY I. PARKER
lP •-\
of G000 CITY Mna.weR
ELLIS SIIAPIRO
MEMORANDUM
l [,C II / N
I( !t OCT 3 12000
DATE: October 31, 2000 \ '
TO: Julian Harper, Zoning Coordinator
FROM: Russ Wagner, AICP, Director of Planning
SUBJECT: Variance Application Case No. 04VR-2000:Cox
Based upon a review of this case, it is my opinion that a variance would definitely be
required to locate lumber storage racks within five feet of the property line. Section 2.c(i)
of Ordinance No. 99-23 clearly requires a ten foot wide landscape buffer along the side
and rear property boundaries with installation of specific landscape materials.
Section 2.c(ii) permits landscape buffers five feet in width on each boundary only when
an integrated project has been master planned. Even in these cases, the landscape
material requirement is increased.
Based upon dozens of projects approved over the last several years, I know of no
project that was approved with less than a ten foot wide buffer along adjoining
boundaries, resulting in a combined buffer width of twenty feet. Accordingly, this is the
City standard that has always been followed, and it would be for the Board of Adjustment
and City Commission to determine whether a variance from the buffer and landscape
requirements is warranted.
As an additional point, Table 5-2 of the Land Development Code requires minimum ten
foot side and rear setbacks in 1-2 zoning districts. Since the proposed racks seem to fit
the definition of accessory structures, it would make sense that this too would require a
variance form that provision of the Code. In either case, the Planning Department is not
in favor of the variance(s) requested since no unique conditions exist relative to this
property which warrant departure from a Code provision which has been consistently
upheld on all other properties within the City.
RBW/csa
D:\CALEXAN D ERW LL_DATA\CAPDFILE\Memorandums\M F P2000\M FP00253.doc
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0 19
MINUTES OF TIIE BOARD OF ADJUSTMENT
REGULAR MEETING HELD THURSDAY, OCTOBER 19, 2000
CALL TO ORDER
Chairman Resnik called the meeting to order at 7:30 p.m. Chairman Resnik led the
Pledge of Allegiance to the Flag and the invocation. Chairman Resnik called the roll
and declared a quorum to be present.
PRESENT: Chairman Resnik, Members Colbum, Cox, and O'Keefe. Also present were
Zoning Coordinator Harper, Assistant City Attorney Cookson, and Administrative
Assistant II Maxwell.
ABSENT: Members Tice and Savino (unexcused), and Member Almodovar (excused).
APPROVAL OF MINUTES
Member Cox, seconded by Member O'Keefe, moved to approve the Minutes of the
September 21, 2000, Board ofAdiustment Meeting as presented Motion carried 4-0.
NEW BUSINESS
VARIANCE - CASE No. 04VR-2000: Cox
Zoning Coordinator Harper read into the record the issue: Should the Honorable
Board of Adjustment recommend to the Honorable Mayor and City Commission that the
subject variance application be approved enabling the applicant to construct 700 lineal
feet of lumber storage racks to be erected within 5' of the southerly and eastern property
lines upon the subject property? The subject property is located at 322 Enterprise Street
in the West Orange Industrial Park. It is a 4.09 acre site zoned "1-2, General Industrial
District". Cox Lumber Company primarily builds roof trusses at this location. The
applicant has requested a variance to allow the construction of the lumber storage racks
within 5' of the rear and east property line. Whereas, Ordinance No. 99-23 "Commercial
and Industrial Development Standards" paragraph C (2)( c )(1), page 18174.13 states that
a minimum 10 foot landscape buffer is required between adjacent tracts.
Assistant City Attorney Scott Cookson directed the following wording to be placed in the
staff report, namely "any approved variance that results in an encroachment into the 47'
railroad easement should contain the following condition based on the existence of the
easement;
"The granting of this variance and the issuance of any resulting building
permit shall not be constructed as granting the owner any special right or entitlement
concerning use which superseded any rights held by any easement holder".
� elry
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Board of Adjustment Regular Meeting
Thursday, October 19, 2000
Zoning Coordinator Harper gave a detailed history of the case. Staff recommends
denial of the Applicant's two variance requests to increase the percentage lot coverage or
impervious coefficient even greater than the presently existing 90% while providing no
additional storm water collection and retention facilities. Secondly, the "Industrial
Development" standards specify a minimum 10 foot landscape buffer between adjacent
tracts.
The granting of the requested variances would have "the effect of nullifying the intent
and purpose of these regulations". Furthermore, such variance shall not be granted by the
City unless and until"the following have been demonstrated", which none have:
1) "Special conditions and circumstance exist which are peculiar to the land
involved and which are not applicable to other lands";
2) "That a literal interpretation of the provisions of these regulations would
deprive the Applicant of rights commonly enjoyed by the other properties
with
similar conditions";
3) "That the special conditions and circumstance do not result from the actions of
the Applicant";
4) "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".
Dave Swisher,Regional Sales Manager for Cox Lumber Company, stated the racks to
be installed are moveable, but Cox Lumber Company decided to bolt the racks down to
concrete pads for safety measures, which requires a variance. Mr. Swisher further stated
the Ordinance requires a 10 foot landscape buffer between adjacent lots, which means 5
foot off the property line either way. The proposal is to set the racks on the pavement of
the eastern side, place pads 5 feet away from the buffer on the rear side and grant the City
use of the 5 feet from the property lines. Discussion ensued.
The Public Hearing was opened.
David Beuler, 3511 Pine Hills Road, stated he has installed several racks for Cox
Lumber Company nd there
o
of
stated
purpose of the concretee pad i is sfori danger uplift
leveling and securing the racks. Discu of the racks. He ssioner ensued. the
The Public Hearing was closed.
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Board of Adjustment Regular Meeting
Thursday, October 19, 2000
Member O'Keefe, seconded by Chairman Resnik, moved to recommend to the
Honorable Mayor and City Commission approval of the variance application 04VR-
2000: Cox, with the conditions recommended by Assistant City Attorney Scott Cookson as
follows: Any approved variance that results in an encroachment into the 47' railroad
easement should contain the following condition based on the existence of the easement:
"The granting of this variance and the issuance of any resulting building permit shall not
be construed as granting the owner any special right or entitlement concerning use which
supersedes any rights held by/any easement holder. " Motion carried 4-0.
VARIANCE - CASE NO. 06-VR-2000: St. Paul's Presbyterian Church II
Zoning Coordinator Harper read into the record the issue: Should the Honorable
Board of Adjustment recommend to the Honorable Mayor and City Commission that the
subject variance application be approved enabling the applicant to erect a sign on its West
Colonial Drive frontage as depicted upon the attached Exhibits # 1, 2, and 3? Namely,
allow a 5' setback from the adjacent edge of road right-of-way in lieu of the 10' specified
by Ordinance 99-23; allow a 160 s.f. sign in lieu of the 40 sk authorized by Variance
04VR-99: St. Paul's Presbyterian Church; and, allow the top-of-sign to be 15' above the
adjacent paved edge of right-of-way vs. the 12' approved by Variance 04VR-99: St.
Paul's Presbyterian Church.
Zoning Coordinator Harper gave a brief history of the case. Staff recommends
approval of the signage depicted in Exhibit 3. The highway signage permitted at the
"Best Buy" store located across the road from the churches sign, had an overall size of
approximately 319 s.f. but the menu board was 185+ - s.f.. Thus, given the wide 350'
open expanse of St. Paul's Presbyterian Church frontage along West Colonial Drive, the
presently requested 15' wide sign appears to accomplish the City's expressed goals to
upgrade the quality of development within the State Road 50 corridor.
Member Colburn, seconded by Member O'Keefe, moved to recommend that the
Honorable Mayor and City Commission approve Variance 06-VR-2000: St. Paul's
Presbyterian Church II as had been recommended by staff Motion carried 4-0.
OTHER BUSINESS - None
COMMENTS - None
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Board of Adjustment Regular Meeting �
Thursday, October 19, 2000
ADJOURNMENT
The meeting was adjourned at 8:41 p.m.
Brenda Maxwell, Administrative Assistant II
John Resnik, Chairman
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