Item #15 Clarence & Daphne Brown Variance
AGENDA ITEM STAFF REPORT
Meeting Date: July 17, 2007
Item # 15
Contact Name:
Contact Number:
1'1/2.
Michael Rumer
407 -905-3100/1018
Reviewed By:
Department Director:
City Manager:
Subject: Clarence & Daphne Brown
Variance Application # VR-07 -002
868 Cool Springs Circle
ISSUE:
Should the Mayor & City Commissioners approve a variance request by Clarence and Daphne Brown for a rear
yard setback variance from 25 feet to 15 feet for a sunroom addition in the R-3 zoning district?
BACKGROUND:
This variance application requests that a proposed sunroom addition at 868 Cool Springs Circle be allowed to
encroach 10 feet into the 25 foot rear yard setback. The proposed sunroom would replace an existing patio that
contains screens for sides and a solid aluminum roof. The applicant contracted with Four Seasons Sunrooms to
build a 1 0'x18' glass sunroom, but due to the 25' setback; the building permit was rejected. The applicant stated as
part of the application that he has an existing spinal cord injury and the proposed addition would allow use of the
room during all climates and weather conditions for rehabilitation exercises.
DISCUSSION:
Staff FindinQs:
Accessory structures are cited in the following areas of the land development code:
Article 5, Section 5-4 (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.
Article 5, Section 5-4 (J) - Open porches may extend into the rear yard in residential districts provided that:
1) The open porch does not cover more than thirty (30) percent of the rear yard;
2) The open porch does not increase the maximum impervious surface of the lot to be greater than fifty (50)
percent;
3) The open porch is no closer than seven and one-half (7%) feet to the rear lot line and no closer than seven
and one-half (7%) feet to either side lot line; and
4) The open porch does not extend into any utility, drainage or landscape easement or conservation area.
Article 2, Section 2-4 (241) -The definition for a porch: A roofed-over space, with the roof impervious to weather,
attached to the outside of an exterior wall of a building, which has no enclosure other than the exterior walls of
such building. Open mesh screening shall not be considered an enclosure.
Article 5, Section 5-6 B - which states in part:"... .No separate accessory building shall be located within five (5)
feet of any other building. In residential districts, utility or accessory buildings will be no closer than five (5) feet to
the rear lot line and five (5) feet to the side lot line...."
The proposed sun room addition is considered a room addition to the main residence and not an accessory
building because the sunroom will be enclosed by glass windows on three sides. Also, the room will be
constructed to provide a climate controlled addition. Further, the building department policy for determining if a
structure is a patio is whether 51 % of the sides are enclosed by screen.
At first glance, the criterion for accessory structures indicates the code requirements are convoluted. The code
permits a detached accessory structure with a maximum height of 35 feet to maintain a five (5) foot rear yard
setback if said structure is separated five (5) feet from the main structure, but an accessory structure attached to
the house has to meet the district setbacks. If the proposed sunroom was built as a detached structure five feet or
more from the house, it could be permitted.
Staff recognizes the inconsistencies of the code and attempts to apply them as liberally as possible to allow wiggle
room to avoid variances. It should be noted that variances of this type have not gone before this board in at least
four (4) years. Staff had to evaluate the variance request based on the code requirements listed above and the
criteria for issuance of a variance.
According to Subsection 4-9 A., the variance application/applicant must demonstrate:
(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.
There are no unique conditions that exist for this particular parcel. The property currently contains a single-
family residence and a screened in patio meeting Subsection 5-4.J. (3) of the Ocoee LDC.
(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.
As indicated above, the applicant is subject to the same regulations as other properties with similar
conditions under the LDC.
(3) That the special conditions and circumstances do not result from the actions of the applicant.
The applicant resides in a subdivision with lots platted with the same lot area. The subdivision met all code
requirements when it was platted, and there are no special conditions or circumstances.
(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.
A recommendation for approval would grant special privileges to this applicant that is otherwise denied to
other land owners.
BOARD OF ADJUSTMENT RECOMMENDATION:
The proposed variance request by Clarence and Daphne Brown for a rear yard setback variance from 25 feet to
15 feet for a sunroom addition was reviewed at a Public Hearing by the Board of Adjustment on June 21, 2007.
The Board of Adjustment voted 4-0 to recommend approval of the variance request. The Board of Adjustment
based the approval on the fact the sunroom addition will be located on the same foot print as the existing screen
porch. The Board of Adjustment also passed a second motion that asks the City Commission to direct staff to look
into amending the Land Development Code requirements for the rear yard setbacks of accessory structures.
2
STAFF RECOMENDATIONS:
Based on the above report, staff does not believe the variance requested by Clarence and Daphne Brown is
supportable. Should the City Commission deny the variance request, staff recommends that the Mayor and City
Commission make a finding under Subsection 4-9 B. (2) and (3), that:
. The reasons set forth in the application do not justify granting a variance;
. the denial of the variance will still allow for the reasonable use of the land and building; and
. the granting of the variance will not be in harmony with the general purpose and intent of these
regulations and will be iniurious to the surrounding territory, or otherwise be detrimental to the public
welfare.
Should the City Commission make a finding contrary to staff's interpretation of the code, staff recommends that
any approval be conditioned on factual interpretation of code requirements and public testimony related to such
provisions.
Attachments:
Location Map
Surrounding Zoning Map
Site Plan
Letter from Applicant
Letter from Physician
HOA Approval Letter
Building Elevation of Addition
Sample of Interior of Addition
BOA Minutes
Pictures
Financial Impact:
Unknown
Type of Item:
[gI Public Hearing
D Ordinance First Reading
D Ordinance First Reading
D Resolution
[gI Commission Approval
D Discussion & Direction
For Clerk's Deaf Use:
D Consent Agenda
D Public Hearing
D Regular Agenda
o Original Document/Contract Attached for Execution by City Clerk
o Original Document/Contract Held by Department for Execution
o N/A
o N/A
o N/A
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by ( )
3
868 Cool Springs Circle Variance
Location Map
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1 inch equals 372.140824 feet
130 65 0 130 260 390 Feet
C Subject Property
I:I:I:D Unincorporated Territory
I.J..L.U and Other Municipalties
Zoning Classification:
General Agricultural (A-1)
_ Suburban (A-2)
Single-Family Dwelling (R-1AAA)
Single-Family Dwelling (R-1AA)
_ Single-Family Dwelling (R-1A)
_ Single-Family Dwelling (R-1)
_ One- & Two-Family Dwelling (R-2)
_ Multiple-Family Dwelling (R-3)
_ Mobile Home Subdivision (RT-1)
_ Professional Offices & Services (P-S)
_ Neighborhood Shopping (C-1)
_ Community Commercial (C-2)
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_ Medium Density (PUD)
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_ Public Use (PUD)
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Lakes and Water Bodies
868 Cool Springs Circle Variance
Surrounding Zoning Map
SPRING LAKE
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PLA T OF SURVEY
DESCRIPTION: (AS FURNISHED)
LOT 267, REFLECllONS UNIT THREE, ACCORDING TO THE PLAT THEREOF,
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ClAREHCE T. a: DAPHNE II. IlROlIIN
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COIAIONWEALlH LAND 1I1LE INSURANCE COMPANY ,
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- Four Seasons Sunrooms of Orlando
L1C#: CGC059104
j01 1 a 20G7
City of Ocoee
Attn: Variance Department
RE: Variance Application for 868 Cool Springs Circle
To Whom It May Concern:
On behalf of Mr. & Mrs. Brownoresiding at 868 Cool Springs Circle we the contractor
Four Seasons Sunrooms respectfully request a variance for a sunroom addition.
We have contracted with Mr. & Mrs. Brown to replace an existing screen porch and
replace it with 10' x 18" sunroom. The reason for this request is due to the 25' setback.
The house was built 25' from the property line and give no room for the Brown's to
convert their screen porch with something that they can use all year keeping the elements
out. They have been in their house over 10 years, they are retired so due to the market
values increasing they do not with to move but to improve their home.
We appreciate your time in reviewing our application and look forward to hearing from
you.
Sincerely,
Four Seasons Sunrooms of Orlando
Teasa Mays
Permit Expeditor
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National
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4608 Millenia Plaza Way. Orlando. FL 32839 · Telephone (407) 206-3n6 · Facsimile (407) 206-3797. www.fso.FourSeasonsSunrooms.com
868 Cool Springs Circle
Ocoee
FL 34761
April 24, 2007
The City of Ocoee
Permit Division
Ocoee, FL 34761
Attn: Mr. M Rumer & Mr. B. Dunford
Gentlemen:
Please find under separate cover letters from my Physician and Home Owners'
Association supporting my request for permission to replace my current screened- in
patio with a sunroom.
The pain and reduced mobility from which I suffer since my spinal cord was damaged
have been great. Daily use of the exercise machines I have purchased have been helping
me greatly. It is impossible to use the patio when it is very cold or very hot so I am
asking you to favorably consider my application to enclose the patio as soon as possible.
Yours truly,
(~:1ll~. --=-
Clarence T. Brown
To Whom It May Concern:
Mr. Clarence T Brown has been my patient for some time. Spinal cord injury has left him
with limited mobility and he is restricted in the types of exercises he can do.
The exercise machines he has invested in help his exercise routine and allows him to
maintain good physical health.
I heartily endorse any action that would facilitate a regular exercise routine.
S~~/
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untitled
1816 sparkling Water Circle
Ocoee, Florida 34761
April 20th, 2007
City of Ocoee
variance
The Association at Reflections at spring Lake of
Ocoee have approved this application for glass
incloser. We have no problems with the request.
Thank you
Ed campanara
President
Reflections HOA
phone #407-294-0185
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page 1
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1.-ALL DIMENSIONS TO BE
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2. - MINIMUM D. P. OF ALL
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AND DOORS: 52.5 PSF
MIN. D.P, OF AIL FIXED
GLASS WINDOWS: 80 PSF
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REV. #: NIl..
PAGE 3 Of' 7
CLARENCE & DAPHNE BROWN - VR-07-002 PUBLIC HEARING
Principal Planner Rumer explained that this variance is similar to the previous one.
The applicant currently has a screened patio at 868 Cool Springs Circle and wishes to
convert it into a 10'x18' glass sunroom making it have flat sides, rather than screens.
BACKGROUND & DISCUSSION
Chair Resnik asked if the only difference is going from screen to glass. Principal
Planner Rumer confirmed and said closing it in makes it a regular structure which
requires a 25' setback. The applicant has approval from the HOA and also has a doctor's
letter that they need this for medical reasons. He said . cant has contracted with
Four Seasons Sunrooms, who is present on their behal
RECOMMENDATION
Based on the findings sta
Clarence and Daphne Bro
finding contrary to staffs i
be conditioned on factual i
to such provisions.
e ieve the variance requested by
1. hould the Board of Adjustment make a
of the code, staff recommends that any approval
retation of code requirements and public testimony related
The public hearing was opened.
Albert Whittle, Four Seasons Sunrooms, spoke on behalf of the applicant and said his
client has a spinal injury requiring him to exercise and he currently has no room for that.
That is his reason for requesting to enclose the area.
The public hearing was closed.
Member Colburn. seconded bv Member Warren. moved to accevt the Clarence and
Davhne Brown Variance. due to the fact that the footvrint of the room is f!oing to remain
the same. Motion carried unanimous Iv.
Member Colburn. seconded bv Member Warren. moved to recommend Citv Commission
look at the codes in con;unction with the requests heard tonif!ht. Motion carried.
Principal Planner Rumer declared that Staff is already looking to revise the dollar
amounts for deposits and fees that are currently in the code.
OTHER BUSINESS
Principal Planner Rumer asked the board to make any corrections necessary on the
board list and give it to him so that it could be updated.
COMMENTS
Principal Planner Rumer said they have another variance in house and they are looking
at meeting again on July 19th at 7:00 p.m.
Member Warren asked for clarification on their recommendation to City Commission if
it was to make requirements consistent between any types of attached structures.
Principal Planner Rumer explained the difference of accessory structures and add-ons
to homes that impose on the rear set-backs. He is going to state on his staff report that
they are recommending the City Commission look at the definitions (porches, accessory
structures, i.e.) of the different structures and the set-backs.
City Attorney Rosenthal said what some local gov
approval from the Homeowner's Associations and som
all neighbors touching the property would sign
would arise with them.
have done is gather
ns would require that
hat way no problems
-
..
01--613
Copy of Public Hearing Advertisement
Date Published
1h\AYJ dfk~ I Juli 5"( 2001
o vl~J Q fOtll'r- v{
C( a[Je,fi.u/'J
Advertisement
CIlY OF OCOEE
NOTICE OF PUBLIC HEARING
REGARDING REQUEST FOR
VARIANCE
APPLICANT: CLARENCE BROWN
CASE NUMBER: VR-07-002
NOTICE IS HEREBY GIVEN. ,that
the OCOEE CITY COMMISSION
will hold a PUBLIC HEARING on
TUESDAY. ,JULY 17, 2007 at 7:15
P.M, or as soon thereafter as
possible, at the Ocoee City
Commission Chambers. 150
N Lakeshore Drive, Ocoee,
Florida, in order to consider
the petition of Clarence
Brown for a variance ac-
cording to the provisions of
Article IV. subsection 4-9 of
the City of Ocoee Land De-
velopment Code.
to~ig~e~.W'~~ t~~IP~~~r~J~
Circle. The Orange County
Property Appraiser Identifi.
cation Number (PIN) is 09-
22-28-73-46-02-670. The appli-
cant is -requesting 0 rear
yard setback variance from
25 feet to 15 feet for an en-
closed sunroom addition.
I nterested parties may ap-
pear at the cited meeting
and be heard with respect
to the proposed variance,
This notice is given pursu- I
ant to Article IV, Subsection
4-9 B. (l), and page 18004043
of the City of Ocoee Land
Development Code. A COpy
~~t~h~f 08~~~~atJ~gff a~~ptohr1
may be examined at the
8~~~~~rir 1~~~:doFnm(~ws
Hall at the address indicat.
ed above, between the
hours of 8:00 a.m. and 5:00
p.m" Monday-Friday, ex-
cept legal holidays. The
Ocoee City Commission
may continue the public
hearing to other dates and
times, as they deem neces-
sary. Any interested party
shall be advised that the
dotes, times, and places of
continuation of these or con.
tinued pUblic hearin~s shall
be announced during the
hearing and that no further
notices regarding these
! matters will be published.
You are advised that any
person who desires to ap-
,peal any decision made dur-
'ing the public hearings will
need a record of the pro-
ceedings and for this pur.
pose may need to ensure
that a verbatim record of.
the proceedings is made
which includes the testimo-
ny and evidence upon which
~~~s a~~~a~I~~~ft~~~. te~~:
ing assistance to participate
in any of these proceedings
should contact the City
Clerk's Office 48 hours in
advance of the meeting at
407-905-3105.
Beth Eikenberry, City Clerk
o LS398357 7/5, 2007