VI (C) Request for Variance Case No. VR-03-004 Agenda 8-05-2003
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STAFF REPORT
To: The Honorable Mayor & City Commissioners
From: Terry L. James, AICP
Principal Planner
Through: Russ Wagner, AICP n�]
Community Development Director YJ'j
Date: July 25, 2003
Subject: Carol K. Amey
Variance Application # VR-03-004
401 South Bluford Avenue
ISSUE:
Should the Mayor and City Commissioners grant a variance to Carol K. Amey to permit
the roofing and screening of an open patio 18 feet from the north property line
bordering West Delaware Street rather than required the 25 foot minimum side setback
for the Single Family Residential (R-1-AA) zoning district?
BACKGROUND:
The property is located at 401 South Bluford Avenue on the southeast corner of the
intersection of South Bluford Avenue and West Delaware Street in a Single Family
Residential (R-1-AA) zoning district.
The existing residence, built in 1982, is a single family, one-story structure on a 0.329-
acre lot. The applicant is proposing to enclose an existing concrete slab at the rear of
the house to create a 20-foot by 18-foot roofed and screened porch. The proposed
porch will match the existing side setback of the existing structure at 18 feet from West
Delaware Street. The applicant is requesting a variance to permit the screened porch
to encroach on the required setback.
DISCUSSION:
This screened porch is deemed a component of the principal building according to Subsection
2-4(44) of the Land Development Code, which states, "...any other structure with one or more
wall or a part of the principal building and structurally dependent, totally or in part, on the
principal building, shall be deemed a part of the principal building ....".
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 2
The property is a corner lot and, as such, is governed by Subsection 5-4 G. that states, "On any
corner lot the applicable front yard setback shall apply to both frontages". Table 5-2 indicates
that the minimum front setback for R-1-AA zoning district is 25 feet; therefore the side minimum
setback is also 25 feet. The applicant is requesting a reduction in the minimum side
setback from 25 feet to 18 feet. If this lot were not located on the corner, the minimum side
setback would be 71/2 feet.
The principal building, built in 1982, was setback 18 feet from West Delaware Street.
The proposed screened porch, as an addition to the principal building, will have the
same setback distance since it will match the building's existing northern wall on the
West Delaware Street. Staff has a petition signed by 10 neighbors in support of granting of
this variance. Also given the size of the lot and the method of construction, the addition will
appear to be an integral part of the original structure.
RECOMMENDATION:
The Planning Division Staff recommended that the Board of Adjustment recommend
that the variance for the reduction of the minimum side setback from 25 feet to 18 feet
be approved to allow for the addition of the proposed 360 square foot screened porch
to the existing principal building/residence.
BOARD OF ADJUSTMENT RECOMMENDATION:
The Board of Adjustment reviewed the Amey variance request on July 24, 2003. The Board
members received clarification on the size and location of the screened porch.
Carole Amey was out-of-town and not at the public hearing to speak on any issues raised by her
application. Carole Amey requested that Commissioner Rusty Johnson, as a citizen residing at
21 West Delaware Street, answer any questions concerning the application; he also spoke in
favor of the application as a neighbor. No other citizens were at the public hearing to speak.
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 Application # VR-03-004 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 Map
Applicable Land Development Code Citations (Zoning)
Legal Description & Boundary Survey
Screened Porch Addition Drawing
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Amey Variance Application VR-03-004
Applicable Land Development Code Sections
SUBSECTION PAGE LANGUAGE
2-4 (44) 180.2.6 Building, Principal: A building in which the main or principal use of the lot
or parcel on which said building is situated is conducted. In a residential
district, any dwelling shall be deemed the principal building on the lot on
which the same is situated. An attached carport, shed or garage, or any
other structure with one or more walls or a part of the principal-building
and structurally dependent, totally or in part, on the principal building
shall be deemed a part of the principal building, but a detached and
structurally independent carport, garage or other structure shall be
deemed an accessory building. (Emphasis added.)
5-4 G. 180.5.13 On any corner lot the applicable front yard setback shall apply to both
f rontages. (Emphasis added.)
Table 5-2 180.5.53 R-1-AA: Minimum setbacks
Front 25 feet.
Side 7.5 feet
Rear 30 feet
LEGAL DESCRIPTION: THE NORTH 83' OF THE EAST 172.5' OF LOT 5,
BLOCK "4", MAP OF OCOEE, ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK A, PAGE 100, PUBLIC RECORDS OF ORANGE
COUNTY, FLORIDA.
THE ABOVE REFERENCED PROPERTY IS LOCATED IN ZONE "C", AREA OF
MINIMAL
CITY OF FLOODING
OCOEE120185
ORANGE COUNTY, FLORIDA. MAP DATED
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ORLANDO SENTINEL
Thursday, July 10, 2003
CITY OF OCOEE
NOTICE OF PUBLIC HEANN0
6[OARDINO APP CAN�CABOIE UEST F011 VARIANCE
IC AMEY
CASE NUMBER:V1.03-004
NOTICE IS HEREBY GIIVEN.Niool the Board l AdAdiustment ofI the
e aIyl Wcol
p.a..rhas ci sm•em•ea rOs erns a Pen'trio
ape Ter a at a.variants acicor °to m in roenlar
Carole B n 1-9 0 me o 0.4.l3according
opmeumo e. owed fe0.lo and lealu m the Clprovisions
y olsMon Land Oepel:
Cede
Galion Requested-rooting sscreening applicant
n exlsiinsr men po o°le feet frroom le.
eanorth o the
minimum
sod eside el WQefor Single Familyelaware lResloenl a rather lh nd n the required 75(R-5'AAI zoning Ida-
trict.
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The Ocoee odofAdsteiereondaioonuevnni5, 0S
upon
eBar iumncmmeton Tuesday,raise
20
o1om.or as awn merealler as possible.Bolt,meennge will be held In
the Commission Fisso n Chambers of the Cur Holt.I50 North Lakeshore Drive.
Othee.
1.
'This property Is Iurlher identified os follows'.
AParcel Identilical,on.ddress:401 S louth Olulo d TB-EIJFOJDSJ
Owner:Carole K.Amer
Legol LOT 5 ELK 4IINn SEC 01911 OF 191.NNEII/1 OR 0 9W 6P 519A ON 02.O&OF.1 N ST
wD
This police Is given pursuant l°ArlICle IV,5u0¢ection 41.9 0.III.page
maya appearp the Cily of Othee Lend l the cited meelings°d be heard nwNt ndrespect loe. sthe propose
variance.A copy of the°pphcalton and the CiLY of Ocoee Stall Report may.
b esam ned al the eommanlro Developelem Dep°nmenl IoColed In the
5L0 p• alm:Monday through Frress rd above.iidayy or PhoneTerrrye how's
Jogles. Principal
Planner al 407.905-1100.0leml°n Iola for lunner befalls:
The Boar hearings l coa llier doles and the
i as Commission
cessary.IAny imesll publicd
• of• h lieseo°mentinued publ`c the
rings shall ebe announced/lu Con
iine
h and Mai no lunner naNCes regarding these mailers will be pub.
lsheei9
at
• ore bbliiclnmringswll Person
eed u who
of me proceeding:any
for thisnvw�
need le ensure Dial o verbatim record of the proceedings Is mode
pose which Includes the leslimony and evidence upon which the appeal Is based.
Persons with disebilniet needing ossisiame to participate In any nl these
procemeengs ting al oO should
contoci he City Clerk's OILCe JO hours In advance of
thengs
Jean Oration,City Clerk
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