Item #16 Vincent Gramaglia Variance
AGENDA ITEM STAFF REPORT
Meeting Date: July 17, 2007
Item # IIp
Contact Name:
Contact Number:
"'TI} {Z
Michael Rumer
407 -905-3100/1018
Reviewed By:
Department Director:
City Manager:
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Subject: Vincent Gl'aJIlaglia
Variance Application # VR~7 -003
501 Bridge Creek Blvd
ISSUE:
Should the Mayor & City Commissioners approve a variance request by Vincent Gramaglia to permit a rear yard
setback from 25 feet to 16.6 feet for an enclosed sunroom addition?
BACKGROUND:
This variance application requests that a proposed sunroom addition at 501 Bridge Creek Blvd be allowed to
encroach 8.6 feet into the 25 foot rear yard setback. The proposed sunroom would be used for recreational and
added home value. The applicant contracted with Four Seasons Sunrooms to build a 12'-7W' x 23'-6" glass
sunroom, but due to the 25' setback; the building permit was rejected.
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 sunroom 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 Vincent Gramaglia for a rear yard setback variance from 25 feet to 16.6 feet for
an enclosed sunroom addition was revieweg 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 due to the adjacent neighbor having a screen enclosure that encroaches on a further setback
than the applicant is asking for. 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 Vincent Gramaglia 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
HOA Approval Letter
Building Elevation of Addition
BOA Minutes
Pictures
Financial Impact:
Unknown
Type of Item:
[8J Public Hearing
o Ordinance First Reading
o Ordinance First Reading
o Resolution
[8J Commission Approval
o Discussion & Direction
For Clerk's Deaf Use:
o Consent Agenda
o Public Hearing
o Regular Agenda
D Original Document/Contract Attached for Execution by City Clerk
D Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by ( )
o N/A
o N/A
o N/A
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501 Bridge Creek Boulevard Variance
Location Map
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Ocoee Community Development
Department
1 inch equals 174.740930 feet
60 30 0 60 120 180 Feet
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C Subject Property
IEEE) Unincorporated Territory
and Other Municipalties
Zoning Classification:
General Agricultural (A-1)
_ Suburban (A-2)
Single-Family Dwelling (R-1AAA)
Single-Family Dwelling (R-1AA)
I_..J 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)
_ General Commercial (C-3)
_Restricted Manufacturing
& Warehousing (1-1)
_ General Industrial (1-2)
~ Commercial (PUD)
~ Low Density (PUD)
_ Medium Density (PUD)
III High Density (PUD)
_ Public Use (PUD)
/'// Unclassified
Lakes and Water Bodies
501 Bridge Creek Boulevard Variance
Surrounding Zoning Map
LAKE BONNET
PLA T OF SURVEY
DESCRIPTION: (AS FURNISHED)
LOT 110, CROSS CREEK OF OCOEE, ACCORDING TO "!HE PLAT "!HEREOF,
AS RECORDED IN PLAT BOOK 33, PAGES 30 & 31, OF "!HE PUBUC RECORDS OF ORANGE COUNTY, FLORIDA
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CERTIFlED TO:
VINCENT A. CRAMAGUA
PINNAQ.E FlNANClAL CORPORATION
COIl"'ON~AL TH lAND TITLE' INSURANCE COIlPANY,
UNIVERSAL LAND TITLE. INC.
I HAVE EXAMINED THE F.'.R..... CO......UNITY PANEl
NO 120179 017~ C DATED 6/1~/84 AND FOUNO
THE SUBJECT PROPERTY APPEARS TO LIE IN ZONEC,
AREA OF MINI...AL flOODING.
BEARINGS SHO\\tl HEREON ARE BASED ON
THE NORTHERLY UNE OF LOT 110,
BEING S 69'59'26" E PER PLAT.
(FlELD DATE:) 10 128/98 RE'IISED:
SCAlE: I" - JO FEET
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1. THE SURVEYOR HAS NOT ABSTRACTED THE
LAND SHO\\tl HEREON FOR EASE"'ENTS. RIGHT
OF WAY, RESTRICTIONS Of RECORD WHICH
MAY AFFECT lI-lE TITLE OR USE OF THE LANO
2, NO UNOERGROUND IMPROVEMENTS HA \IE BEEN
LOCA TED EXCEPT AS SHO\\tl.
J. NOT VAUD l'tHHOUT THE SIGNA lURE AND THE ORIGINAL
RAISED SEAL OF A flORIDA lIC SED SURVEYOR
ANO MAPPER.
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- Four Seasons Sunrooms of Orlando
L1CI: CGC059104
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City of Ocoee
Attn: Variance Department
RE: Variance Requestfor 501 Bridge Creek Blvd, Ocoee FL
To Whom It May Concern:
On behalf of Mr. Gramaglia residing at 501 Bridge Creek Blvd we the contractor Four
Seasons Sunrooms respectfully request a variance for a sunroom addition. We have
contracted with Mr. Gramaglia to build a 12'-7 ~"x 23' -6" glass sunroom, but due to
the 25' setback we are encroaching 4' into the setback. Mr. Gramaglia enjoys his home
and would like this addition for personal recreation and adding value. Therefore we are
requesting that the setbacks be changed from 25' to 20' in order to build his sunroom.
We appreciate your time and look forward to hearing from you.
Sincerely,
Four Seasons Sunrooms of Orlando
Teasa Mays
Permit Expeditor
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4608 Millenia Plaza Way. Orlando. fL 32839. Telephone (407) 206-3776 · facslmDe (407) 206-3797. www.fso.FourSeasonsSunrooms.com
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MAY-22-07 TUE 06:36 AN MK NAINT
FAX NO. 407 824 6881
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Cross cree-k
Architectural Review Commi ttee
SU~MITT AL APPROV J\UDENIAL ~IiEET
Date Received By ARC:I 2/20/07 _ 1 Date Reviewed by ARc:l2/22/07
Homeowner's Name: I GratIlaRlia. Vincent
I 50 1 Brid~ecreek
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Address:
Mail Address: l_scuue
ARC Request 10#: I Bri501-:20070222-1
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Thank you for SUbmitting a request to the ARC for.
Screen enclosure
To P1,,J, 11
Co./D&pI.
PhOflOIl
Fax - 'If) 1.. '0 ~ ... 31 $'f
Phone' '(J7~ 't;J..r::.!i.?ft
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Your request has been:
APPROVED. ~ COMMENTS/STIPULATIONS:
. '" Approval is velkJ until .'S fi~~j~f WOIk Is not complete by then, the approval expires and you must resubmit ~ur -'.
request for approval.
DENIED
COMMENTSfREASON(S):
Cross Creek HOA Board Member Signature:
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04-26-05
MAY-22-07 TUE 06:36 AM NK NAINT
FAX NO. 407 B24 6BBl
P. 02
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CROSS CREEK.
ARCIII1\:ECTURAL REVIEW COMMITTEE
GENERAL SUBMITTAL FORM
This form must bo completed by the homeowner and approved by the Arehitedural Review Committee peFORe any work commences.
Please refer to your Declaration of Covenants & R~~offl. ~.Jt!de ~ ~. d~~ption of the ARC an" Is purpO$o.
Homeowner's Name: Vincent Gramaglia
Street Address: 501 Bridge Creek Bv
Mailing Address (if different th., a~): ~
Homeowner's Signature: L/~~ .g.. Form Completion Date: 219107
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1. Plot Plan-: Indude a copy of your plot plan showing the accurate location and dimensions of the work being
r~questedwithrespecttothehouseandpropertylines.......... .-- ---.- ~__. __._ ... __ _. ...._ .~._._
Phone # 407.654.0695
2. Drawinas/Specifications.: Be sure to include documentation showing location, grade, elevations, shape,
size & dimensions (HxWxL), type, materials used and color(s) being used: Location - See attached plaVplot.
Grade - At existing grade. ElevationslShapelSizelDimensions - See attached documentation, Material and
Color - Aluminum (bronze color), Glass (bronze tint color)_
3. Start DaM: March 2007 4. ComDletion Date: Ma"Y 2007 . . s. 'Contractor: Four Seasons Sunrooms
6. TVDe/Structure: (Check type being submitted)
A. Fence":
Type: Pressure Treated Wood Board-on-Board
Vinyl (include Picture of STYLE.)
B. Room Addition!Porch Enclosure )0(_
C. Pool & Screen EIJclosure
D. Landscaping
E. Painting Use Paintina Sul}mittal Form
F. Other:
"'Refer to your covenants and the ARC Guidelines document regarding current approval standards. If you do not include
ALL of the required specifications, your request will be DENIED.
..R.emindcr: Tho good sido of your fence must be on the outside facing the street and your neighbors, e ft. required
height, no piCket fenCes. .- - .-.. - ..-. .-.. .. - .. --- .__. '" _.. __.. .
This approvaUdlsapproval does not wrify compliance Vtrith buldlng, ~ing. or other County/City Code.. You must apply for
II pIIrmit from the Ococe Building & Zoning Dept. 407-658-2322 l!!!l 8Ubmlt your requeat to the Architectural Review
Committee.
Forward To:
Cross Creek of Ocoee
ARC Submiltal
P.O. Box 7
I Oottla, FL 34734
. ApplOved By ARC 9:90
Oenied By ARC
ARC Re uest ID#:
. , Mgmt. COfllJMnY' Rel;'d St;smp
ARC Rec'd Stamp
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Dote
"eeeived ARC
FE8 2 0 2006
By 1-1 c2._
Date
- Zoo (J7,.1.. 7.. - f
04.26-05
EXISTING
UVING ROOM
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i.-ALL DIW:NSJONS TO BE
VERIFIED IN THE FIELD.
2.-ACTUAL FILL ILAY DIFFER
FROIL A1LOUNT SHOWN.
3. -1LINWUll D.P. OF ALL SLIDING
GLASS WINDOWS AND DOORS:
52.5 PSF MIN. D.P. OF ALL FIXED
GLASS WINDOWS: 80 PSF
23'-6"
PLAN VIEW
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FRONT ELEVATION
RIGHT GABLE
ELEVATION
Lawrence Fischer, PE
FL License No. 35700
9656 Osprey landing Dl1ve
Orlando, F 32832
ENGINEER
LAWRENCE Asa
9656 OSPREY
LA.."DlNG DR.
ORLANDO, FL ]2
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DATE: 02-26-07
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REV. #: NI A
PAGE 3 OF 8
NEW BUSINESS
GRAMAGLIA - VR-07-003 PUBLIC HEARING
Principal Planner Rumer presented exhibits and the staff report for the Gramaglia
Variance located at 501 Bridge Creek Blvd.
BACKGROUND & DISCUSSION
The Applicant is requesting that a proposed sunroom addition be allowed to encroach 8.6
feet into the 25 foot rear yard setback. The property is located off of Maguire Road on
the south side of the City. The zoning was PUD low-density, which is an unconventional
zoning where the setback requirement is 25 feet.
Principal Planner Rumer presented pictures of the applicant's yard and their neighbors'
yards. He said the code is inconsistent for setbacks and Staff felt there should be a
recommendation to this variance. He explained that the code lays out criteria similar to
how Florida Statute lays out a Variance, and it is on hardship of the property. Both
variances are similar tonight and they have not had any like this in many years, it may
become a trend. The City hopes to fix any inconsistencies now before they see more
requests like this.
RECOMMENDATION
Staff does not believe the variance requested by Vincent Gramaglia is supportable;
however they ask that if the Board of Adjustment approves the request if they can tie the
approval into the surroundings and the proposed use, rather than a blanket approval.
They do not want to set a trend for variances like this in the neighborhood if the code is
not changed.
The public hearing was opened.
Mr. Gramaglia, applicant, said he realizes there are some stipulations with the variance
and he has the HOA approval from Cross Creek. He also has supportive letters from
neighbors surrounding his lot so that no issues exist with bought the house in
1998 and it was plenty of room then, but now his family and he needs more
room. He likes the area, likes Ocoee, and wishes they e the variance. He
offered to show some brochures of what the d look like and said
it will add value to the home and
Member Colburn inquired if hbOr's screen room sits back further than the
allowable setback. Principal ~.rmer Rumer said that structure is screened on three
sides; therefore, it is authorized to be back closer to the property line. Chair Resnik
asked if the applicant already signed a contract with the contractor and was told he did.
Principal Planner Rumer said a building permit was submitted and rejected because it
doesn't follow setback. Member Colburn asked what would happen to those trees in the
back. Mr. Gramaglia said those trees in the picture are his neighbor's; his trees will not
be affected. Member Warren asked if there were any special conditions or
circumstances on his lot, different from the others, which would warrant any grants for
this. Chair Resnik explained to the applicant that he needs to convince the board that
there is a special circumstance that should authorize him a variance. On the other hand,
he agrees that the code needs to be updated because it does not seem that a screen room
should be different from a Florida room. Mr. Gramaglia said there is plenty of room
around his property line, but his yard is no different than the others around him.
Principal Planner Rumer said from the edge of his building there will be over 16' to the
back yard line. Member Colburn stated his thoughts that the City Commission should
look into why pool screen rooms are allowed to be back further than a home addition; he
doesn't understand why it differs.
The public hearing was closed
Member Colburn. seconded bv Member Warren. moved to avvrove the GramaJ!lia
Variance. due to the adjacent neighbor having a screen enclosure that encroaches on a
further setback than the avvlicant is askinJ! for. Motion carried unanimous Iv.
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Copy of Public Hearing Advertisement
Date Published
llul rrdCl~ 11u.\~ 5, 2001
OvlU\~u ~eMlN.{ -- Cl{/.JS~e.d ~
Advertisement
CITY OF OCOEE
NOTICE OF PUBLIC HEARING
REGAROING REQUEST FOR VARI.
ANCE
APPLICANT: VINCENT GRAMAGLlA
CASE NUMBER: VR-07.Q03
NOTICE IS HEREBY GIVEN. that
the OCOEE CITY COMMISSION
will hald a PUBLIC HEARING an
TUESOAY. JULY 11. 2007 at 7:15
P.M. or as soan thereafter as
possible. at the Ocoee City
Commission Chambers. 150
N Lakeshore Drive. Ocoee,
Florida, in order to consider
the pelition of Vincent
Gramaglia for a variance
according to. the provisions
of Article IV, subsection 4-9
of the City of Ocoee Land
Development Code.
r;~igte~e~,esJgf J~i~~e",r~;~~~ !
Boulevard. The Orange
County Property Appraiser
Identification Number
(PIN) is 32-22.28,1854-01-100.
The applicant is requesting
a rear yard setback vari-
ance from 25 feet to 16.6
feet for an enclosed sun-
room 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-
ant to Article IV, Subsection I
4-9 B. (1), and page 180.4.43
of the City of Ocoee Land
Development Code. A copy
of the application and the
City of Ocoee Staff Report i
may be examined at the I
Community Development
Department located in City
Hall at the address indicat.
ed above. between the
hours of 8:00 a.m. and 5:00
p.m., Mondoy-Friday, ex-
cept legal holidays. The
Ocoee City Commission
may continue the public
hearing to other dates and
times; os they deem neces.
sary. Any -interested party
shall be advised that the
dates. times, and places of
continuation of these ot' con-
tinued public hearings 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 at I
the public hearings will
need a record of the pro-
ceedings and"-for this pur.'
pose may need to ensure
I that a verbatim record of
~t1'1c~rl'n~~~3~~~~e i ~eITi~O:
ny and evidence upon which
~~~s a~Ft~a~i~~~ft~Ii,~' t.~~:
ing assistance to participate
in any of these proceedings
should contact the City
Clerk's Office 48 hours in
odvance of the meeting at
407-905-3105.
Beth Eikenberry, City Clerk
OLS398367 7/5, 2007