Item 12 Variance Request for Van Winkle Property, 319 Hormigas Street, Project No. VR-22-01 Ocoee
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AGENDA ITEM COVER SHEET
Meeting Date: April 5, 2022
Item #:
Reviewed By:
Contact Name: Anoch Whitfield, Zoning Manager Department Director: Michas . er
_ a
Contact Number: 407-554-7079 City Manager: Rob:
Subject: Van Winkle Variance Request
Variance Application #VR-22-01
319 Hormigas Street
Commission District#1 — Rosemary Wilsen
Background Summary:
The applicant, Earline Van Winkle, is requesting approval of one (1) variance from Section 5-14A and
corresponding Table 5-2 as follows:
1) Reduction of the minimum front building setback from 25 feet to 21.5 feet to accommodate a five-foot
addition to an existing single-family home on a corner lot.
The subject property is located at 319 Hormigas Street and is within the R-1A Single-Family Dwelling zoning
district. Per Table 5-2 of the Land Development Code (LDC), the minimum zoning regulations for development
within the R-1A zoning district are as follows:
Lot Size Front Side Rear Lot Max Building Maximum Max Building Minimum
Setback Setback Setback Width Coverage Impervious Height Living Area
8,000 SF 25 FT 7.5 FT 25 FT 70 FT 40% 50% 35 FT 1,200 SF
Section 5-4.G, Article V, LDC states, "on any corner lot, the applicable front yard setback shall apply to both street
frontages." Consequently, the west side of the home, which faces Banderas Avenue, and the south side of the
house, which faces Hormigas Street, are both considered a front yard and, as such, are subject to the required
front yard setback of 25 feet, as per LDC Section 5-14A and corresponding Table 5-2. The proposed addition is
approximately twenty-one and one-half (21.5) feet from the front (west) property line facing Banderas Avenue.
The existing home is 26.5 feet from the west property line, and the home addition is five (5) feet in width to allow
for closet space. Therefore, the front (west) yard building setback variance requested is a 3.5-foot reduction from
the minimum twenty-five (25) feet to twenty-one and one-half (21.5) feet.
According to Chapter 4-9 A., the variance application/applicant must demonstrate:
(1) Special conditions and circumstances exist that are peculiar to the land, structures, or required subdivision
improvements involved and which are not applicable to other lands, structures, or required subdivision
improvements.
1
Applicant Response: The applicant is requesting a 3.5-foot (representing a 14%) reduction to the 25-foot
minimum front yard building setback on the west side of the property. There is not sufficient room on the east
side to expand the home as the existing footprint is approximately ten (10) feet to the property line, and
expanding the home five (5) feet eastward would set the home approximately five (5) feet off the property line
and result in a more significant (approximately 33.3%) variance than what is requested. On the north side,
there is a pool and no room to expand. Because the primary front (south) yard has a driveway, the west side
of the property is the most appropriate location to accommodate the home addition. Expansion to the north,
east, and south is impractical.
Staff Analysis: As it stands today, the home is approximately 26.5 feet from the west property line along
Banderas Avenue. Due to this property being a corner lot which is subject to two (2)frontages and the existing
footprint of the home, staff concurs with the applicant's statement that the west side of the property is the most
feasible location for the renovations to be constructed.
(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.
Applicant Response: The lot is 10,890 SF in size; however, the home was built approximately 10 feet from
the east side property line, creating a 26.5-ft front(west side) setback along Banderas Avenue. Had the home
been built to the side (east) setback, there would be sufficient room to accommodate the expansion without
the variance. Thus, the literal interpretation of Section 5-14A and Table 5-2 deprives the property owner the
rights commonly enjoyed by other properties. Owners of other properties which meet side setback and which
do not exceed impervious surface area requirements may commonly enjoy the ability to construct renovations
that expand their home's footprint.
Staff Analysis: Renovating a home to expand its footprint is a right commonly enjoyed by owners of other
properties within the City so long as they meet setbacks and do not exceed maximum impervious surface
area. The additional impervious surface area created by the proposed renovations does not cause the
property to exceed its maximum 50% allowance. Additionally, as the subdivision entrance road is also along
this side, the 3.5-foot reduction to the minimum 25-foot front yard setback will not have an impact on a
neighboring home, surrounding properties, or the safety sight-distance triangle.
(3) That the special conditions and circumstances do not result from the actions of the applicant.
Applicant Response: There are no special conditions or circumstances resulting from the current property
owner/applicant as the home, with its original footprint and setbacks, was permitted and constructed in 1978,
prior to the applicant's purchase of the property (10/7/1992).
Staff Analysis: Staff concurs with the applicant.
(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.
Applicant Response: The granting of this variance will not confer any special privileges on the owner as other
homes in the community have similar structures and/or additions, allowing for habitable space to be added
to the existing homes.
Staff Analysis: Staff concurs that the granting of this variance does not confer special privileges to the
applicant that is denied by these regulations to other lands under similar conditions.
2
Issue:
Should the Honorable Mayor and City Commission approve one (1) variance as follows:
1) Reduction of the minimum front yard building setback from 25 feet to 21.5 feet to accommodate a five-foot
addition to an existing single-family home located on a corner lot?
Planning and Zoning Commission Recommendation:
The Planning and Zoning Commission (P&Z) reviewed and discussed the proposed variance. Chairman Lomneck
noted, and staff confirmed that the home located across Banderas Avenue to the west also encroaches the front
yard setback as well, which matches the proposed setback requested. No citizens spoke for or against the
request. The Planning and Zoning Commission voted unanimously to recommend approval of the variance
request.
Staff Recommendations:
Based on the findings stated above and the requirements of Article IV, Section 4-9, staff recommends that the
City Commission approves the variance request to reduce the minimum front building setback from twenty-five
(25) feet to twenty-one and one half(21.5) feet for the property located at 319 Hormigas Street, to accommodate
a five-foot addition to an existing single-family home, assigned parcel ID number 20-22-28-7250-01-100.
Attachments:
Location Map
Aerial Map
Zoning Map
Survey
Building Elevations/Floorplan
Financial Impact:
None
Type of Item: (please mark with an "x')
❑x Public Hearing For Clerk's Dept Use:
El Ordinance First Reading ❑ Consent Agenda
❑ Ordinance Second Reading Public Hearing
❑ Resolution ❑ Regular Agenda
❑x Commission Approval
❑ Discussion & Direction
❑ Original Document/Contract Attached for Execution by City Clerk
❑ Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by
3
319 Hormigas St. (Van Winkle) Variance
Location Map
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Zoning Classification:
General Agricultural (A-1) E Orlando Avenue
Suburban (A-2)
Single-Family Dwelling (R-1AAA)
Single-Family Dwelling (R-1AA) II
Single-Family Dwelling (R-1A) G)
Single-Family Dwelling (R-1) Hormigas St
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Multiple-Family Dwelling (R-3)
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Date-
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COPY OF ADVERTISEMENT
Date Published and Media Name
2B The West Orange Times Thursday, March 24, 2022
Advertisement or Article
FIRST INSERTION
CITY OF OCOEE
NOTICE OF PUBLIC HEARING ,
319 HORMIGAS ST-VAN WINKLE VARIANCE
VARIANCE REQUEST
CASE NUMBER VR-22-01
NOTICE IS HEREBY GIVEN,that the OCOEE CITY COMMISSION will hold a
PUBLIC HEARING on TUESDAY,APRIL 5,2022,at 6:15 P.M.or as soon there-
after as possible,at the Ocoee City Commission Chambers,150 North Lakeshore
Drive,Ocoee,Florida,in order to consider the petition of Earline Van Winkle for a
variance according to the provisions of Article IV,Section 4-9 of the City of Ocoee
Land Development Code.
Action Requested:The parcel is located at 319 Hormigas Street.The Orange
County Property Appraiser Parcel Identification Number(PIN)is 20-22-28-7250-
01-100.The applicant is requesting a variance to Section 5-14A and correspond-
ing Table 5-2 of Article V,of the Land Development Code,to reduce the front yard '
setback from twenty-five(25)feet to twenty(20)feet for a five-foot addition to an
existing single-family home.
Interested parties may appear at the public hearing and be heard with respect to
the proposed action.The complete case file,including a complete legal description
by metes and bounds,may be inspected at the Ocoee Planning Department located
at 150 North Lakeshore Drive,Ocoee,Florida,between the hours of 8:00 a.m.and
5:00 p.m.,Monday through Friday,except legal holidays.The Ocoee City Commis-
sion may continue the public hearing to other dates and times,as it deems necessary.
Any interested party shall be advised of the dates,times,and places of any continu-
ation of these or continued public hearings shall be announced during the hearing,
and no further notices regarding these matters will be published.You are advised
that any person who desires to appeal any decision made at the public hearings will
need a record of the proceedings and for this purpose may need to ensure that a ver-
batim record of the proceedings is made which includes the testimony and evidence
upon which the appeal is based. In accordance with the Americans with Disabilities •
Act,persons needing a special accommodation or an interpreter to participate in
this proceeding should contact the City Clerk's Office 48 hours in advance of the
meeting at(407)905.-3105.
March 24,2022 22-00994W