VI (A) Request for Variance Case No. VR-03-001 & VR-03-002 Agenda 8-05-2003
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STAFF REPORT
To: The Honorable Mayor&City Commissioners��
From: Terry L. James, Principal Planner /h
Bruce Dunford, Zoning Inspector 1i M1
Through: Russ Wagner, AICPj
Community Development Director YfU
Date: July 25, 2003
Subject: David W. Milton
Variance Application It VR-03-001 (Lot 13)
George Milton
Variance Application #VR-03-002 (Lot 12)
ISSUE:
Should the Mayor and City Commissioners grant a variance from the 70-foot minimum lot width
requirement and the 8,000 square foot minimum lot size requirement within a Single Family
Residential (R-1-A)zoning classification?
BACKGROUND:
Both Lot 12 and 13 are located on north side of Lafayette Street between Lakewood Avenue
and South Bluford Avenue in Block B of Marion Park. David W. and George Milton as of
December 12, 2001,jointly owned lots 12 and 13.
The Miltons have stated that in conversations with a City Staff member, they were told they
could separate Lot 13 from Lot 12 and develop each property separately without requesting a
variance for the minimum lot width or minimum lot size, providing the zoning setbacks and
septic tank requirements were met. The minimum lot width for the R-1-A zoning classification is
70 feet while the minimum lot size is 8,000 square feet; Lots 12 & 13 are each 50 feet wide and
each contain 6,400 square feet.
Subsection 5-10 B. of the Land Development Code (LDC) permits construction of single-family
homes on non-conforming lots it they were held in separate ownership and they were lots of
record at the time of the passage or amendment of the LDC. Since Lots 12 and 13 as adjoining
vacant lots were under single ownership on December 12, 2001, these lots would typically be
required to meet the minimum lot size and minimum width requirements by being combined and
developed as one lot.
City of Ocoee • 150 N Lakeshore Drive • Ocoee. Florida 34761
phone. (407) 905-3100 • fax (407) 656-8504 • www_ci.ocoee fl.us
The Honorable Mayor&City Commissioners
July 25,2003
Page 2 of 3
After the Miltons determined they could build two single-family homes on the individual lots,
David Milton, on July 19, 2002, applied for a building permit for single-family residence on Lot
13. The application was denied on July 22, 2002 because the lot did not conform to the
minimum lot width and minimum lot size. George Milton then conveyed Lot 13 to David Milton
on July 24, 2002 to eliminate the technicality that the two lots were in common ownership.
In an attempt to clarify the issue regarding Subsection 5-10 "Nonconforming Lots, Uses of Land,
Structures, Premises, and Characteristics of Uses" of the City of Ocoee Land Development
Code (LDC), Staff requested the City Attorney's interpretation. The City Attorney's
memorandum dated August 27, 2002 stated in part, "It is our opinion that Lot 13 is an illegal
non-conforming lot under Section 5-10B of the LDC and may not be issued a building permit for
the purposes stated, unless a variance is obtained from the City to allow the construction of a
single-family home on an illegal non-conforming lot." The City Attorney further stated that the
cure for this illegal non-conforming lot would be either to develop Lots 12 and 13 together as a
single lot or to apply for the appropriate variances to allow development individually on Lots 12
and 13.
As evidenced by the "Application for Variance", the applicant has chosen to address this issue
by requesting variances. The applicant has submitted a proposed development plan for Lot 13
with his building permit application that meets the R-1-A setback requirements and has included
an approved Construction Permit from the Florida Department of Health for the installation of a
septic tank. As a result, the applicant has met the requirements that were erroneously given to
him prior to his original building permit application submittal on July 19, 2002.
RECOMMENDATION:
Staff believes that the Miltons, acting in good faith, thought they could separate Lots 12 and 13
to develop each lot individually providing they met the LDC required setbacks and the Florida
Department of Health septic tank constraints. Since most of the residential homes in this area of
the community are already built on 50-foot wide lots, there should not be any adverse affects on
the surrounding properties.
Staff, therefore, recommended that the Board of Adjustment recommend granting a variance
from the 70-foot minimum lot width requirement and the 8,000 foot minimum lot size
requirements for Lots 12 and 13 to permit construction of a single family residential unit on each
individual lot.
BOARD OF ADJUSTMENT RECOMMENDATION:
The Board of Adjustment reviewed the Milton's two variance requests on July 24, 2003. Board
members received clarification on various administrative issues concerning the application.
They compared this application with a similar variance application for (# 01VR-2002) to ensure
consistency in any recommendation.
The Board discussed the need for the variance and the possibility of building on one lot instead
of on two lots. Staff responded by referring the Board members to the Attorney's memorandum
dated August 27, 2002 that gave two cures for the non-conforming lots. The Assistant City
Attorney then explained that the memorandum did not offer any opinion on relative merits of two
cures nor did it offer any opinion on the merit of a variance request to build on these two lots
individually.
The Honorable Mayor&City Commissioners
July 25,2003
Page 3 of 3
Neither David W. Milton nor George Milton were at the public hearing to speak on any issues
raised by their applications. Commissioner Rusty Johnson, as a citizen residing at 21 West
Delaware Street, clarified some issues concerning the application and then spoke in favor of the
application at the public hearing. No other citizens were at the public hearing to speak.
After satisfactorily resolving outstanding issues and questions, the Board of Adjustment made
findings that the requirements of Section 4-9 of the Land Development Code (LDC) has been
met, that the granting of a variance would make possible the reasonable use of the land and
that the variance would be in harmony with the general purpose and intent of the LDC, would
not be injurious to the surrounding territory, or otherwise detrimental to the public welfare.
The Board of Adjustment then passed a motion recommending to the City Commission the
approval of the Variance Applications # VR-03-001 and # VR-30-002 as originally
recommended by Staff.
STAFF RECOMMENDATION:
Staff concurs with the Board of Adjustment's recommending motion.
Attachments: Public Hearing Notice-July 10, 2003
Location&Zoning Map
Plat of Boundary Survey
City Attorney Memorandum dated August 27,2002
Land Development Code Citations
O:\Staff Reports\2003\SR03069 CC.doc
ORLANDO SENTINEL
Thursday, July 10, 2003
CITY 0EOCOEE
NmAR01110 REQUEST FOR VRARIANCE
APPLICANT:DAVIO W.MILTON&GEORGE W MILTON
CASE NUMBER.VP 01-O01 N VP 03 001 RESPECTIVELY
NOTICE IS HEREBY GIVEN.that the Board of Adiu,lment of the Cily or
Ocoee has scheduled o Public Hearing for Thursday,July 24,200301 I CO
Dsoon thereafter as possible.In order to consider the petitions of
Davi or as Milton 6 George Milton for a variances according la the pravi.
of0 se
Article IV.subsection 4 V.pages IBO.a.CI and I8e of the City of
sons
oee Land Development Code.
ACTION REQUESTED:The applicants are requestingn variance for Lot
in and l3 Ironsllie 70 foot minimum lot width requirem d the 8.0.O
squalre tool minimum tot size requirement wll0ln the Single Family ResF
A)toning classlllcotlon,
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The Ooee Cily Commission will hold a Public •ng to take Itnal action
uponthe Board of Ad uslment recommendation on Tuesday.August 5.2003
atIn
the s soon Commission Chambers at the hereof ler asCity WvH Both meetings will Hall,150North Lakeshoree Dry e,
Ocoee,Florida 31761,
These properties are mrtner Identified as follows.
Parcel menlmcation'.+17 22 2B 550.4.02 u0
Address:Lafayette street MO number assigned as yet)
Owner:David W.Milton
Legal Description:MARION PARK L1d8 LOT I BLK B 6ll9119 OR ARP
59 n 9,ONOP2dm.INST QC
Parcel;dent,/imllon:8172228.5.504 02.120
Address'.16 Lofavelh Street
Owner'.George W.Milton
Legal Description:MARION PARK L/48 LOT It BLK B OR 0&P 61V/
2171,ON 121201,FNST WM 6579117 OR IMP 6535/04I7,ON 03$402,INST PC
This180 notice3 he given of OcoeenLand Development coded terested partiies
pe r.el the cited meetings and be heard with respect to the propose
we aappear
al.A Capy el me application and the City of Ocoee Stoll Report may.
be el address Commando above,bettween Deportment f 8:00 a m, the
m.Monday through Fridov or phone Terry L.James.Principal
Planner at 407.90 3100 extension 1018 for lurlher details.
The Board of Adrustment or Ine City Commission may continue the public
hearings to other does and limes,as they deem necessary.Anyinterested
party be advised that Me of the dotes,times,and places ofcanna.
hearing and not no Funme Fu
rther cesf0 hearings
shall
tlheesse mailers wen during
The
lished.
You ore advised that any person who desires to appeal any decision made
at the public hearings will need a record of the proceedings and for MIS our-
re that o verbatim record of me proceedings Is mode
pur-
pose the ensure
and eV,dence upon which the appeal Is based.
Persons wIth disabilities needing ossdmnre to particioate In any of these
proceedings
meeting slo0 should
Contact the Cily Clerk's Of lice 40 hours In advance of
ws no5.
Jean°rotten.City Clerk
July 10,203
OLS5121149 3/Ipg3
DAVID W. & GEORGE MILTON VARIANCES
LOCATION 8c ZONING MAP
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PLAT OF BOUNDARY SURVEY
DESCRIPTION (As Furnished)
LOT 13 BLOCK B, MARION PAR<, according to the plot there''., recercec In Pict Book L.
Page 48, of the Public Records of Orange County, Florida. \C—L
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SCALE'. 1" 30' LOT 24 LOT 23
BLOCK B BLOCK B I
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BLOCK B it 50.00. 50.00 ..reoo0'oa•w so.c
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ASPHALT PAVEMENT
LAFAYETTE STREET
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CERTIFIED TO:
esi #S—ELEVATIONS SS.0 E. BRAES ARE BASED ON 27.017 COUNTY DATUM. CAVE MILTCN
BM {'S-55 L'.S.C.S. BRAES DISK ELEVATION 12].C17
iP'erAl�l.i/
FOLEY : LARDNER
MEMORANDUM
6!2NT MATTER NUMBER
02037TO107
TO: Martin Velie, Ocoee Building Official
FROM: Scott A. Cookson, Esq., Assistant City Attorney
CC: Jim Gleason, City Manager
Russ Wagner, Planning Director
Julian Harper, Zoning Coordinator
Paul E. Rosenthal, City Attorney
DATE: August 27, 2002
RE:
Building Permit Application for Lot 13, Block B, Marion Park
You have advised us that you are in receipt of a Building Permit Application to
construct a single family residence on Lot 13, Block B, Marion Park ("Lot 13"). In connection
therewith you have provided us with a copy of the Permit Application, a letter dated August 8,
2002 to City Manager Gleason from Ellen Milton, wife of David Milton (the `Applicant), a
copy of the Boundary Survey of Lot 13, a Quit Claim Deed dated July 24. 2002 conveying Lot
13 to Applicant and a copy of a Warranty Deed conveying Lot 13 together with Lots 12, 21 and
22 to Applicant and George Milton.
It is our understanding that Lot 13 is in an R-IA zoning district which requires a
minimum lot size of 8,000 square feet and a minimum lot width of 70 feet- Lot 13 is 6400
square feet and is 50 feet wide, which would make it a substandard lot under the City's Land
Development Code (the 'LDC"). However, if Lot 13 were combined with Lot 12, the two lots
would meet the minimum requirements of R-lA zoning.
You have requested our opinion as to whether a building permit may be issued in
order to develop Lot 13 with a single-family home. For the reasons set forth below, it is our
opinion that Lot 13 is an illegal non-conforming lot under Section 5.10E of the LDC and may
not be issued a building permit for the purposes stated, unless a variance is obtained from the
City -family
ome on an
gal
have to
attempted ton
ranalyze the specific evariancelrequestts Which Lwould beci `fool ed. lot. We
On December 12, 2001 W.H. Wurst, Jr., by Carolyn Marie Dixon his attorney in
fact, conveyed I.ot 13, together with adjacent Lot 12 and together with neighboring lots 21 and
22, to Applicant and George Milton. On July 24, 2002 Applicant and George Milton executed a
Quit-Claim Deed conveying only Lot 13 to only Applicant. Section 5-IOB of the LDC provides
POLEY & LARDNER
FOLEY : LARDNER
in part that if two (2) or more adjoining vacant lots or portions thereof with contiguous frontage
and of record on or after the adoption of the LDC in 1992 arc in a single ownership and such lots
individually are too small to meet the width or area requirements of the zoning district, then such
lots are considered to be a single lot of at least the minimum size and the lot is thereafter subject
to the requirements of the LDC with respect to lot area and width.
Accordingly, it is our opinion, that Lot 13 was a single lot together with Lot 12
since they sare under single ownership subsequent to adoption of the LDC in 1992 and since
individually they are too small to meet the width and area requirements of the R-1A zoning
district. The LUC would require that Lot 13 together with Lot 12 be developed as a single lot.
The subsequent conveyance of Lot 13 to the Applicant was an illegal subdivision under the LDC
and cannot be a basis to reestablish the legal nonconformity which may have existed prior to the
unity of ownership.Thus, the conveyance of Lot 13 to the Applicant was a self-created hardship.
It is our opinion that under the circumstances described above, Lot 13 is an
illegally created substandard lot under the LOC and Applicant may not be issued a building
permit to construct a home on such illegal lot. In order to cure this, the Applicant would need to
either acquire title to Lot 12 and develop the two lots as a single lot, or apply to the City for the
appropriate variances in order to allow development thereof. It should also be noted that a
building permit may not be issued for just Lot 12 or in connection with an application for either
Lot 21 or 22 alone.
If we can be of any further assistance. please let me know.
2
David W. Milton Variance Application VR-03-001
George Milton Variance Application VR-03-002
Applicable Land Development Code Sections
SUBSECTION PAGE LANGUAGE
2-4.C.(182) 180.2.24 Lot: Any plot of land occupied or intended to be occupied
by one main building or a group of main buildings, and
accessory buildings and uses, including such open spaces
as are required by these regulations and other laws or
ordinances, and having its principal frontage on a street.
5-10.8 180.5.21 Nonconforming Lots of Record.
In any zoning district in which single-family dwellings are
permitted, notwithstanding limitations imposed by other
provisions of this Code, a single-family dwelling and
customary accessory buildings may be erected on any
single lot of record which contains an area or width less
than that required for the erection of a single-family
residence in the district which is in;separate ownershipeat
the time of passage or amendment of these regulations,
provided that yard dimensions and requirements rant
involving width or area of lot shall conform to the
regulations for the district in which such lot is located,.
A single vacant lot, nonconforming as to area or width and
of record at the time of passage or amendment of this
Code, shall be construed as falling within the meaning of
the provisions of the preceding paragraph even though an
adjoining lot containing a principal building may be in the
same ownership.
If two (2) or more adjoining vacant lots, or combinations of
vacant lots and portions of vacant lots, with continuous
frontage. and of record at the time of passage or
amendment of this Code are in single ownership, and such
lots individually are too small to meet the width or area
requirements of the district in which they are located, such
groups of lots shall be considered as a single plot or
several plots of at least minimum size, and the plot or plots
in one ownership shall be subject to the requirements of
this ordinance as to lot area and width.
Table 5-2 180.5.53 Minimum Zoning Descriptions on Permitted Uses
R-1-A Single Family
Minimum Lot Size: 8;000 square feet
Minimum Lot Width:: 0•feet