VII (E) Varience Application-Case No. 02VR-2002: Pieser 107 Reese Court, Lot 77, Lakeshore Gardens, First Addition Subdivision Agenda 8-20-2002
Center of Good y
,tpe i . iv Item VD B
Mayor pie Commissioners
S. Scott Va ndergrifl Danny lUnveil, District 1
Scr tt A d<. son Diist ict 2
(Thy Manager O C O ►y Rusq Johnson, Disuict 3
R.
Jim Gleason Nancy 1 Parker. District 4
STAFF REPORT
TO: THE HONORABLE MAYOR AND BOARD OF cif COMMISSIONERS
FROM: JULIAN HARPER, ZONING COORDINATOR Q2f
THROUGH: MARTIN VELIE. BUILDING AND ZONING FI IAL
DATE: AUGUST 6. 2002
SUBJECT: VARIANCE APPLICATION —CASE NO. 02VR-2002: PIESER
107 REESE COURT, LOT 77, LAKE SHORE GARDENS,
FIRST ADDITION SUBDIVISION, PLAT BOOK 4, PAGE 108
ISSUE
Shall the City Commission approve the Applicant's request to build a 7'4" tall fence in a corner
lot front building setback vs. the maximum 4' permitted by Article V. Section 5-4(B), page
18106 of the Land Development Code?
BAC KG ROUND/DISCUSSION
The Applicant resides on the southeast corner of Reese Court and East Lakeshore Drive. Lot 77.
Lake Shore Gardens Subdivision (see attached "Site Location Maps' Exhibits #I and #2). He
has requested a variance to the Land Development Code provisions of Article V, Section 5-4
which specifies that "no fence, wall, or hedge located in front of the front building setback shall
exceed four (4) feet in height, and no other wall or fence shall exceed six (6) feet in height' (see
Exhibit #4). Article V. Section 5-4(G) goes on to explain that "on any corner lot. the applicable
front yard setback shall apply to both street frontages'. In this instance, the Applicant wants to
build a fence 7'4" tall along his East Lakeshore Drive frontage (see Exhibits #2 and #3) as
outlined in his "Resolution" section of Exhibit 45A and supported by the photograph of his rear
lot elevation per Exhibit#5B,namely, and in his summary six enumerated points are:
I) Level back yard; 2) Provide additional longevity to the new fence; 3) Eliminate erosion
that coats sidewalk; 4) Enhance beauty of home and neighborhood: 5) Increase property's
value; and, 6) Provide additional privacy to pool.
In support of his variance application. Mr. Pieser has provided Exhibit #6 that purports to he a
petition, which he circulated to some of the adjacent homeowners and additional photographs
which are presently in the City Clerk's possession.
City of Ocoee 150 N Lakeshore Drive Ocoee.Florida 34761
phone: (407)905-3100 fax: (407)656.8504 www.ci.ococe.II.us
BOARD OF ADJUSTMENT RECOMMENDATION
The Board of Adjustment met on Thursday, July 18, 2002, to take the Applicant's variance
request under consideration and to provide the public an opportunity to comment. The Board's
minutes are attached as Exhibit #9 for ease of review. A lively and thorough discussion of the
matter and issues involved was held. The Board, by a 3-2 vote, recommended that the Applicant
be required to pull his proposed 6 foot fence and 18" retainer wall 4' hack from the adjacent
property line and to landscape the resulting area between the sidewalk and fence.
RECOMMENDATION
Staff recommends that the Applicant's variance be denied to build a 7'4" tall fence in a front
building setback because the uniform front building elevation along East Lakeshore Drive would
be defeated as well as other Code provisions. Secondly, as per the standards specified under
Article III, Section E(2)(3) of the Land Development Code (see attached Exhibit#7):
a) No special conditions or circumstances exist.
b) While the Applicant has a sloping grade in his back yard, he was aware of this condition
when the subject property was purchased.
c) By granting the variance, he will be provided a "special privilege" denied other
homeowners throughout the City.
d) No unnecessary and undue hardship was demonstrated.
e) Should the Applicant desire additional privacy; other alternatives are available as
opposed to the granting of the requested variance.
f) That the granting of the variance will lead to defeating the purpose and intent of the Land
Development Code as delineated in Article 1, Sections 1-3 and I-4, attached as Exhibit #8,
for case of reference, namely, to "provide for orderly growth" and "these regulations. it
shall beheld to be the minimum requirement...public health, safety...general welfare."
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PLAT OF LAND SURVEY FOR and/or CERTIFIED TO: Christopher R. & Margaret F. Pieser
American Realty Title Agency, Industrial Valley Title,
Inland Mortgage Corporation
DESCRIPTION AS FOLLOWS: Lot 77, LAKE SHORE GARDENS - FIRST ADDITION, as recorded in Plat Book
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GRUSENMEYER-SCOTT & ASSOC., INC. — LAND SURVEYORS
�\i/ NOTES THE UNDERSIGNED DOES HEREBY CERTIFY THAT THIS SURVEY MEETS THE MINIMUM TECHNICAL
STANDARDS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS IN CHAPTER
21 RH 8 FLORIDA ADMINISTRATIVE CODE PURSUANT TO CHAPTER AR 021,FLORIDA STATUTES.
2 UNLESS EMBOSSED WITH SURVEYOR'S SEAL.THIS SURVEY IS NOT VALID AND IS PRESENTED FOR
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ARTICLE V
shall be connected to sidewalks within residential developments. All parking areas
shalt be heavily landscaped and setback allowances shall be given for any parking
located behind buildings.
C. Application of District Regulations
(1) Application of Regulation to Uses of a more Restricted District.
Whenever the specific district regulations pertaining to one district permit the uses
of a more restricted district, such uses shall be subject to the conditions set forth
In the regulations of the more restricted district, unless otherwise specified.
(2) Specific District Regulations.
Within each district, regulations herein set forth shall be minimum regulations and
shall apply uniformly to each class or kind of building or land.
§ 5-4 OPEN SPACE REQUIREMENTS OF ZONING DISTRICTS
The following requirements are intended to provide exceptions to or to qualify and supplement, as
the case may be, the specific district regulations set forth in Article V:
A. An open space or lot area required for an existing building or structure shall not be counted
as open space for any other building or structure.
B. Open eaves, cornices, window sills and belt courses may project into any required yard a
distance not to exceed two (2) feet. Open porches or open fire escapes may project Into
a front or rear yard a distance not to exceed five (5) feet. Fences, walls and hedges in
residential districts may be erected In any required yard, or along the edge of any yard,
provided that street corner visibility requirements of this Code shall be met, and provided
further that no fence, wall or hedge located in front of the front building line shall exceed
four (4) feet in height, and no other wall or fence shall exceed six (6) feet in height.
C. Where the dedicated street right-of-way is less than fifty (50) feet,the depth of the front yard
shall be measured starting at a point twenty-five (25) feet from the edge of right-of-way.
D. No dwelling shall be erected on a lot which does not abut at least one street, which is at
least forty (40) feet in width, for at least twenty (20) feet. The street shall form the direct
and primary means of ingress and egress for all dwelling units. Alleys, where they exist,
shall form only a secondary means of ingress and egress.
E. The owner of any lot of record existing at the time of the adoption of this Code that does
not meet the above criteria may apply to the Board of Adjustment for a variance for the
construction of a single-family home. The Board of Adjustment shall make a
recommendation and the City Commission shall determine that there is reasonable access
to the property, and that this action will create no adverse impact on adjacent properties,
before a variance is granted.
F. Accessory buildings which are not a part of the main building may be built In the rear yard,
but shall not cover more than thirty (30) percent of the rear yard.
G. On any corner lot, the applicable front yard setback shall apply to both street frontages.
H. On any corner lot on which a front and side yard is required, no wall,fence, sign, structure
or any plant growth which obstructs sight lines at elevations between two (2) feet, six (6)
inches and ten (10) feet above any portion of the crown of the adjacent roadway shall be
Adopted July 21, 1992 18106
fa'HYrir S
Chris & Margaret Pieser
107 Reese Court
407.656.6336
c ase hO. 0I0P-2002 :Pi(-ser
Property
The property is identified as Lot 77, Lake Shore Gardens — First Addition as recorded in Plat Book
4, Page 108, Public Records of Orange County, Florida aka 107 Reese Court [Sleepy Harbour]
Ocoee, Florida.
Purpose
We are respectfully seeking a variance to the existing building code to replace the fence that was
installed under permit with the City of Ocoee when our pool was installed approximately 15 years
ago.
Special Circumstances
Our property has a slope from the pool deck to the sidewalk of approximately 16".
Our fence sits at the bottom of this slope. As the earth and grass are in constant contact with the
fence, the bottom of the fence degrades more rapidly than the rest of the fence.
These special circumstances are peculiar to the unusual nature of our corner lot therefore creating
special conditions and are subject to variance considerations per Article III, Section E, Paragraph
3a.
Resolution V
We would like to install a 16" — 18" landscape-brick wall along the sidewalk and backfill that part of
the yard prior to replacing the fence.
This improvement will accomplish several things:
1. Level our back yard with the rest of the yard therefore providing us with a more enjoyable
outdoor recreation area.
2. Provide additional longevity to the new fence by preventing the earth and grass from coming it
contact with it, as the new fence will be installed on top of the new landscape-brick wall.
3. Eliminate the current erosion, which will do away with the sand that coats the sidewalk after a
rainstorm; ultimately provide the neighborhood with a safer walkway.
4. Enhance the beauty of our home and of our neighborhood.
5. Increase the property value of our home which in-turn increases the property value of all of the
homes in our neighborhood.
6. Provide us with additional privacy when we are enjoying the beauty of our back yard and pool
area.
In conclusion, we have solicited the input and approval of our surrounding neighbors and have
received excellent support (please see attached documentation with signatures).
Thank you in advance for your time and consideration.
EXHIBIT s,!
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Chris &Margaret Pieser
107 Reese Court c c vste 4e, 2 of,--2 oo.2 .Pieser
Ocoee, FL 34761
407.656.6336
To whom it may concern,
This petition respectfully requests your approval for a variance to the existing building code for the City of Ocoee.
The property identified as Lot 77, Lake Shore Gardens— First Addition as recorded in Plat Book 4, Page 108, Public
Records of Orange County, Florida aka 107 Reese Court, Sleepy Harbour, Ocoee, Florida.
This request for variance would allow the property owners to construct a concrete retaining wall 16"high under the
existing fence line that runs along East Lakeshore Drive that would meet Ocoee Building codes prior to replacing the
6'wooden fence.This improvement will allow the residents of 107 Reese Court additional privacy for the swimming
pool area located in their back yard. This new construction will include a high quality replacement fence and both
retaining wall and replacement fence will be treated with a wood preserving stain to increase the beauty and
longevity of the fence.
This project is documented with the following attachments:
Attachment A: Photograph #1 of View from Pool Deck at Eye Level of Proposed Finished Height
Attachment B: Photograph #2 of View from 412 Lakeshore Drive of Proposed Finished Height
Attachment C: Isometric Drawing (sheet 1)
Attachment D: Front Elevation (sheet 2)
Attachment E: Rear Elevation (sheet 3)
Attachment F: Plat of Survey
Attachment G: City of Ocoee, Orange County, Florida Permit Application
This project will conform to all applicable building codes to ensure safety and longevity and will be a tangible asset tc
the homeowner and the community.
Thank you in advance for your support.
Chris& Margaret Pieser
Homeowner Approvals: /
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ARTICLE III
D. Hearings, Appeals and Notices
Appeals to the Board of Adjustment may be made by any person aggrieved or by any
officer or bureau of the governing body of the City of Ocoee affected by any decision of the
Building and Zoning Official in connection with the enforcement of this Code or by anyone
seeking a variance. Appeals shall be submitted to the Director of Planning.
E. Duties and Responsibilities
The Board of Adjustment shall have the following powers and duties:
(1) Administrative Appeals. To hear and recommend administrative appeals when It
is alleged there Is error in any order, requirement, decision or determination made
by an official of the City in the enforcement of this Code.
(2) Variances. To hear and give recommendations on requests for variances from the
terms of this Code as will not be contrary to the public interest where, owing to
special conditions, a literal enforcement of the provisions of this ordinance will
result In unnecessary and undue hardship.
(3) All recommendations of appeals and variance requests are brought to the Ocoee
City Commission for final decisions. In order to grant any variance from the terms
of the Code the City Commission must find:
(a) That special conditions and circumstances exist which are peculiar to the
land, structure or building involved and which are not applicable to other
lands, structures or buildings in the same zoning district;
(b) That the special conditions and circumstances do not result from the
actions of the applicant;
(c) That granting the variance requested will not confer on the applicant any
special privilege that is denied by this ordinance to other lands, buildings
or structures in the same zoning district;
(d) That literal interpretation of the provisions of this ordinance would deprive
the applicant of rights commonly enjoyed by other properties in the same
zoning district under the terms of this ordinance, and would work
unnecessary and undue hardship on the applicant;
(e) That the variance granted is the minimum variance that will make possible
the reasonable use of the land, building or structure;
(f) That the grant of the variance will be in harmony with the general intent
and purpose of this ordinance, and that such variance will not be injurious
- to the area involved or otherwise detrimental to the public welfare.
In recommending any variance,the Board of Adjustment may prescribe appropriate
conditions and safeguards in conformity with this Code. 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 this Code and punishable as
provided herein.
Under no circumstances shall the Board of Adjustment recommend a variance to
allow a use not permissible under the terms of this Code in the district involved, or
Adopted July 21, 1992 18056
EXN/t'r 8
ARTICLE I
STATUS OF LAND DEVELOPMENT CODE
AND PROCEDURES FOR AMENDMENTS
case /gyp. 2 V/2 pOL'.f/EJI
§ 1-1 TITLE
This Code shall be known and may be cited as the "City of Ocoee Land Development Code:
Except where otherwise indicated, references herein to "the Code" or 'this Code" shall be taken as
references to the entire City of Ocoee Land Development Code or to the specific provision which applies
to the situation in question.
§ 1-2 AUTHORITY
This Code is adopted pursuant to the authority granted by the Florida Constitution and Laws. The
City of Ocoee City Commission hereby exercises the power to classify land within the jurisdiction of the City
of Ocoee Into zoning districts and to review and approve or disapprove plats and plans for the subdivision
and development of land.
§ 1-3 PURPOSE
The purpose of this Code Is to provide for orderly growth; to encourage the most appropriate use
of land; to discourage incompatible uses of adjacent properties; to preserve and protect the environment
and natural resources and beauty of the City of Ocoee; to protect and conserve the value of property; to
prevent the overcrowding of land; to promote, protect and improve the health, safety, comfort, good order,
appearance, convenience, and general welfare of the public and to help accomplish the goals and
objectives of the City of Ocoee Comprehensive Plan. This Code is deemed by the City Commission of the
City of Ocoee, Florida to bring the City of Ocoee into compliance with Section 163.3203, Florida Statutes.
§ 1-4 INTERPRETATION AND INTENT
A. Generally. In the interpretation of this Code, the following rules shall be observed unless
such construction would be inconsistent with the Comprehensive Plan or with the manifest
intent of the City Commission, or where the language of such section contains any express
provisions excluding such construction.
(1) All provisions, terms, phrases and expressions contained in these regulations shall
be liberally construed to follow the goals, objectives, and policies of the
Comprehensive Plan in order for the true intent and meaning of the City
Commission to be fully carried out. No provision shall be interpreted so as to limit
or repeal any other powers granted to the City under state statutes.
(2) In the interpretation and application of these regulations, it shall be held to be the
minimum requirement adopted for the promotion of the public health, safety,
"comfort convenience, and general welfare. Where any specific provision of these
regulations imposes a greater restriction upon the subject matter than a general
provision of these regulations, the most specific provision shall be deemed to be
controlling.
B. Effect of Private Agreements and Other Regulations. This Code shall not interfere with,
annul or abrogate any easements, covenants or other agreements between parties which
are not inconsistent with this Code.
Adopted July 21, 1992 18001
Ji
MINUTES OF THE BOARD OF ADJUSTMENT
REGULAR MEETING HELD THURSDAY,JULY 18, 2002
CALL TO ORDER
Vice-Chairman Savino called the meeting to order at 7:30 p.m in the Commission
Chambers at City Hall. The roll was called and a quorum was declared present. Vice-
Chairman Savino led the Pledge of Allegiance to the Flag and Member Cox led the
invocation.
PRESENT: Vice-Chairman Savino, Members Colbum, Cox, Kimbrell, Tice and Wilsen.
Also present were Zoning Coordinator Harper, City Attorney Williams, and
Administrative Assistant II Maxwell.
ABSENT: Chairman Resnik, who was excused.
APPROVAL OF MINUTES
Member Wilsen, seconded by Member Coburn, moved to approve the March 21, 2002,
Board of Adjustment Minutes as presented. Motion carried 6-0.
NEW BUSINESS
CASE NO. 02 VR-2002: Pieser
Zoning Coordinator Harper read into the record the issue: Shall the Board of
Adjustment recommend to the Ocoee City Commission the Applicant's request to build a
7'4" tall fence in a corner lot front building setback vs. the maximum 4'permitted the
Article V, Section 5-4(B), page 18106 of the Land Development Code?
BACKGROUND & DISCUSSION
The applicant resides on the southeast corner of Reese Court and East Lakeshore Drive,
Lot 77, Lake Shore Gardens Subdivision and has requested a Variance to the Land
Development Code. Provisions of Article V, Section 5-4 which specifies that "no fence,
wall or hedge located in front of the front building setback shall exceed four(4) feet in
height, and no other wall or fence shall exceed six (6) feet in height." Article V, Section
5-4(G) goes on to explain that "on any corner lot, the applicable front yard setback shall
apply to both street frontages." The Applicant wants to build a fence 7'4" tall along his
East Lakeshore Drive frontage (see Exhibits #2 ) as outlined in his "Resolution"
section of Exhibit #5A. The Applicant further enumerated the following six points:
1. Level back yard.
2. Provide additional longevity to the new fence.
3. Eliminate erosion that coats the sidewalk.
4. Enhance beauty of home and neighborhood.
� J u
Board of Adjustment Regular Meeting
Thursday,July 18,2002
5. Increase property's value
6. Provide additional privacy to the swimming pool.
In support of the Variance, Mr. Pieser has provided Exhibit #6 that appears to be a
petition, which was circulated to some of the adjacent homeowners.
Staff recommends the Applicant's Variance be denied to build a 7'4" tall fence in a front
building setback because the uniform front building elevation along East Lakeshore Drive
would be defeated as well as other Code provisions. Secondly, as per standards specified
under Article III, Section E(2)(3) of the Land Development Code;
a That special conditions and circumstances exist which are peculiar to the land,
structure or building involved and which are not applicable to other lands,
structure or buildings in the same zoning district.
b. That the special conditions and circumstances does not result from the actions
of the applicant.
c. That granting the variance request will not confer on the applicant any special
privilege that is denied by this ordinance to other lands,buildings or structures in
the same zoning district.
d. That literal interpretation of the provisions of this ordinance would deprive the
applicant of rights commonly enjoyed by other properties in the same zoning
district under the terms of this ordinance, and would work unnecessary and undue
hardship on the applicant.
e. That the variance granted is the minimum variance that will make possible the
reasonable use of the land, building or structure.
f. That the grant of the variance will be in harmony with the general intent and
purpose of this ordinance, and that such variance will be not injurious to the area
involved or otherwise detrimental to the public welfare.
Applicant, Chris Pieser, presented exhibits and stated the City of Ocoee approved the
fence that is now standing. He said the fence has deteriorated over time and needs to be
replaced. He would like to build the retaining wall to avoid more erosion and further
damage to the new fence and surrounding property. Mr. Pieser further stated he was told
by the City of Ocoee that according to the City Code;he could repair his existing fence,
board by board but not replace the fence. Member Kimbrell asked Mr. Pieser if he
intended to back fill the back portion of the retaining wall to support the swimming pool
deck and he said he did. Mr. Pieser further stated he spoke with a City of Ocoee engineer
and was advised the retaining wall system he had chosen would allow drainage to go
through the retaining wall without causing erosion.
2
Board of Adjustment Regular Meeting
Thursday,July 18, 2002
The Public Hearing was opened
Ray Isham,who resides at 410 E. Lakeshore Drive, stated the proposed fence completely
blocks his view from his living room window and this decreases the value of his property.
He further stated the fence and retaining wall will affect the drainage on his property and,
as the approval of this Variance will affect the whole subdivision, he would like the
Variance request denied.
Mary Switzer,who resides at 609 E. Lakeshore Drive, stated her objection is the
applicant's fence backing up to the sidewalk.
Mr. Pieser stated his plans have been reviewed by an engineer and there is positive
drainage, which means any water that builds up will naturally flow through the landscaped
fence.
The Public Hearing was dosed
Member Tice presented a compromise to enforce an 11-foot setback, which would allow
for room between the sidewalk and the fence.
Member Kimbrell stated there is a need for a retaining wall even though erosion is not
evident at this time. A lengthy discussion ensued regarding the erosion. Zoning
Coordinator Harper stated the fence was the issue at hand, not the erosion, drainage, or
landscaping.
Mary Switzer recommended landscaping between the fence and the sidewalk. Mr.
Pieser stated he is open to suggestions and would like to reach a compromise in this
situation.
Member Colburn, seconded by Member Tice,moved to recommend end to the Ocoee City
Commission approval of the Variance request based on the special conditions and
circumstances that exist, which are peculiar to the land, structure or building involved
which are not applicable to other land, structure and building in the same zoning district,
with the condition that the agreed upon four foot setback from the property line be
landscaped. Motion carried 3-2 with Savino and Wilsen voting no.
NEW BUSINESS
Member Wilsen asked for clarification of the motion made at the March 21, 2002, Board
of Adjustment meeting. Zoning Coordinator Harper stated Mr. Laman withdrew his
Variance request before the case came before the Ocoee City Commission. Member
3
i L
Board of Adjustment Regular Meeting
Thursday,July 18,2002
Wilsen stated the Board of Adjustment made a recommendation to the Ocoee City
Commission to direct staff to review Sections 5-4 and 5-10(B),past practices in the City
of Ocoee, and to give clear direction as to open space requirements and non-conforming
lots and asked how this recommendation was being handled. Mr. Harper stated the city
attorney issued a memo with regards to the recommendation and he would ensure that
each board member got a copy of the memo.
OTHER BUSINESS
Administrative Assistant II Maxwell announced shirts would be ordered for the Board
of Adjustment members and shirt sizes are requested after the meeting.
Member Tice has requested a six-month maternity leave of absence. Administrative
Assistant Maxwell H asked Member Tice to put the leave request in writing.
ADJOURNMENT
The meeting was adjourned at 8:52 p.m.
Administrative Assistant H Maxwell Vice-Chairman Savino
4