Item #09 Variance Application #VR-07-004 - Glenn Myers
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AGENDA ITEM STAFF REPORT
Meeting Date: August 7,2007
Item # q
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Contact Name:
Contact Number:
1111<.
Michael Rumer
407 -905-3100/1018
Reviewed By:
Department Director:
City Manager:
$ubject: GlennNlyers
Variance Application # VR-07-004
1005 Armada Ct.
ISSUE:
Should the Mayor & City Commissioners approve a variance request by Glenn Myers for a rear yard setback
variance from 25 feet to 14 feet for a bathroom addition to an existing single-family dwelling in the R-1 zoning
district?
BACKGROUND:
The property is located at 1005 Armada Ct. on the south side of the cull-de-sac in a Single Family
Residential (R-1) zoning district.
The existing residence, built in 1982, is a single family, one-story structure on a 0.17:t. acre lot. The
applicant is requesting a 17'x16' bathroom addition be allowed to encroach 11 feet into the 25 foot rear yard
setback. The bathroom is located immediately off the bedroom and will feature a large shower with a bench and a
whirlpool bath tub. The applicant stated as part of the application that he is 100% totally and permanently disabled
and needs a larger shower for mobility and his wife has severe osteo-arthritis, and was prescribed daily use of a
whirlpool bath from her doctor.
DISCUSSION:
Staff FindinQs:
The room addition is a component of the principal building according to Subsection 2-4(44) of the Land
Development Code and must maintain the setbacks designated in Article 5, Section 5-14 of the land development
code.
The principal building, built in 1982, was setback 30 feet from the rear property line which leaves five
feet for an addition. The principal building maintains an east side yard setback of 23.5 feet. The zoning
district side yard setback is 7.5 feet. The applicant could position the addition on the east side of the property and
still meet the 7.5 feet side yard setback.
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 parcel meets the minimum lot size
for the zoning district.
(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 LOC.
(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 Glenn Myers for a rear yard setback variance from 25 feet to 14 feet for a
bathroom addition was reviewed at a Public Hearing by the Board of Adjustment on July 19, 2007. The Board of
Adjustment voted 3-0 to recommend approval of the variance request. The Board of Adjustment based the
approval on the documents and testimony presented in regard to the applicants existing health condition.
STAFF RECOMENDATIONS:
Based on the findings stated above, staff does not believe the variance requested by Glenn Myers is supportable
since the bathroom addition could be built on the east side of the house and meet all setback requirements.
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.
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
Building Elevation of Addition
Floor Plan
Social Security Award Certificate
Letter from Dr. Juan Suarez
Letter from Dr. Katherine Welty
Pictures
2
Financial Impact:
Building Permit Fees
Increased Taxes Due to Value
Type of Item:
~ Public Hearing
o Ordinance First Reading
o Ordinance First Reading
o Resolution
~ Commission Approval
o Discussion & Direction
For Clerk's DeDi Use:
o Consent Agenda
o Public Hearing
o Regular Agenda
o Original Document/Contract Attached for Execution by City Clerk
o Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by ( )
3
D N/A
D N/A
D N/A
Glenn Myers (1005 Armada Ct.) Variance
Location Map
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LAKE MEADOVtJ
LAKE MEADOVII
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Ocoee Community Development
Department
1 inch equals 215.622124 feet
7537.5 0 75 150 225 Feet
Printed: month year
C Subject Property
T7"7A Unincorporated Territory
t:LL...I 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)
/' // Unclassified
Glenn Myers Variance
Surrounding Zoning Map
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PLAT
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DESCRIPTION: (AS FURNISHED)
LOT 34, JORDANA HILLS, ACCORDING TO THE PLAT THEREOF AS RECORDED
IN PLAT BOOK 10, PAGE 112, OF THE PUBliC RECORDS OF ORANGE COUNTY, FLORIDA
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(FIELD DATE:) 04/12/2DIfT REVISED:
SCALE: 1" = 30 FEET
APPROVED BY: TAD
JOB NO. AZI08176
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CERTIFIED TO:
GLENN L MYERS III
DONNA L MYERS
LEGEND: ~1J'
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1. BEARINGS SHOI\I<I HEREON ARE BASED ON ~E
SOU'THERL Y RIGHT OF WAY UNE OF ARMAOA
COURT BEING N89'30'25"E. PER PLAT.
2. I HAVE EXAMINED THE F.LR.M. COMMUNllY PANEL
NUMBER 120185 0210 E, DATED 12/Il6/ZDOO AND
FOUND lIlE SUBJECT PROPERTY APPEARS 10 LIE IN
ZONE X, AREA OUTSIDE OF 100 YEAR flOOD.
J. 'THE SURVEYOR HAS NOT ABSlRACTED 'THE
LAND SHOI\I<I HEREON FOR EASEMEN1S, RIGHT
OF WAY, RESlRlCTlONS OF RECORD YMICH MAY
AFFECT 'THE TITlE OR USE OF ~E LAND.
4. NOT VALID Y.l1IlOUT lIlE SIGNATURE AND lIlE ORIGINAl
RAISED SEAL OF A FLORIDA LICENSED SURVEYOR
AND MAPPER.
5. NO UNDERGROUND IMPROVEMENTS HAVE BEEN
LOCATED EXCEPT AS SHOI\I<I HEREON.
/
TO: Commissioners of the City ofOcoee, FL 34761
June 14,2007
FROM: Glenn L. and Donna 1. Myers
1005 Armada Ct.
Ocoee, FL 34761
SUBJECT: Request for ZoningIBuilding Variance
Dear City of Ocoee Commissioners,
We are asking for this variance on our home (address above) on Lot 34, Jordana Hills, as recorded in Plat
Book 10, page 112 of the records of Orange County, FL.
I (Glenn) am a disabled veteran of20 years of service with the U.S. Air Force, having retired on June 1,
1975. Shortly thereafter, the Veteran's Administration awarded me 40% disability due to a service-
connected kidney problem, which, in turn, led to high blood pressure, Type II diabetes and heart problems;
yet, I was still able to work. In March, 1985, following a series of heart attacks which led to double bypass
surgery, the V. A. determined that I was 100% totally and permanently disabled and could no longer work.
The Social Security Administration determined I was totally, disabled effective April 1985 (see Atch 1).
In the years since, I have developed very poor circulation, particularly in my legs, and Chronic Obstructive
Pulmonary Disease (COPD) for which I am using oxygen.. In September, 200'. following numerous
strokes and heart attacks, I had emergency surgery for a triple heart bypass, repair of a leaky heart valve,
and implantation of a heart pump and defibrilator. I now have very limited mobility, but can get around with
helfof a cane, walker or electric scooter. My doctors recommend I use a whirlpool bath and a larger
shower; however, our home has only 1 small bathroom with no tub..........only a small shower; and it is
inconveniently located in the middle of my homod>out 20 ft. from my bed.
My wife, Donna, has severe osteo-arthritis, and her doctor also recommends she use a whirlpool bath.
Our proposed bathroom will be locait'ed immediately off our bedroom and will feature a whirpool bath and
a large shower with bench. Unknown to us at the time of planning, our city has a 25 ft. setback from our
back property and our addition will encroach approximately 12 ft. into this setback. It is aesthetically
designed as an addition to our existing home. Please, please grant us the required varience.
Very Respectfully,
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Glenn 1. Myers
3 Atch
S.S.A award Itr
Itr from Glenn's doctor
ltr from Donna's doctor
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SOCIAL SECURITY
AWARD CERTIFICATE
C85142
From: Department of Health and Human Services
Social Security Administration
GLENN L MYERS III
· 6238 BLUE CLAY CT
ORLANDO FL 32819
Date
JULY 28, 1985
Claim per: :aA
Type of Date of Monthly
Benefit Entitlement Benefit
DISABILITY 4/85
S 735.20
THE AMOUNT OF YOUR FIRST PAYMENT IS $ 2940.00.
EARNINGS THROUGH 1984 WERE USED TO FIGURE YOUR BENEFIT AMOUNT.
LATER, WE WILL REFIGURE YOUR BENEFIT TO INCLUDE ANY EARNINGS YOU HAVE
AFTER 1984. YOU WILL NOT rIA VE TO ASK US TO DO THIS. WHEN WE HAVE
REFIGURED YOUR BENEFIT AMOUNT, WE WILL LET YOU KNOW IF THERE WILL BE
ANY CHANGE IN YOUR BENEFIT.
SHORTLY AFTER 7/23/85, YOU WILL RECEIVE YOUR FIRST ~AYMENT WHICH WILL
INCLUDE ALL BE!\l"EFITS DUE YOU THROUGH 7/85. A PAYMENT FOR $735.00
'WILL BE SE1"o.TJ' ON OR ABOUT 9/03/85. AFTER THAT, A PAYMENT FOR $735.00
WILL BE SENT EACH MONm. '"
BECAUSE OF A CHANGE IN THE LAW, YOUR REGULAR PAYMENT WILL BE ROUNDED
DOWN TO THE DOLLAR EVEN THOUGH YOUR MONTHLY BENEFIT OF RECORD MAYBE
IN DOLLARS AND CENTS.
IF YOU RETURN TO WORK WHILE YOU ARE STILL DISABLED, YOU MAYBE
ENTITLED TO A TRIAL WORK PERIOD TO TEST YOUR ABILITY TO RESUME WORK.
DURING THIS PERIOD YOU MAY WORK IN AS MANY AS 9 MONTHS (WHICH NEED
NOT BE CONSECUTIVE) AND STILL RECEIVE YOUR DISABILITY BENEFIT
PAYMENTS NO MA'ITER HOW HIGH YOUR EARNINGS. AFTER THE TRIAL WORK
PERIOD HAS ENDED WE WILL CONSIDER THE WORK YOU DID IN DETERMINING
WHETHER YOU HAVE SHOWN BY YOUR WORK ACTIVITY THAT YOUR DISABILITY HAS
ENDED. HOWEVER. YOU ARE NOT ENTITLED TO A TRIAL WORK PERIOD I:F:
* YOU ARE ENTITLED TO A PERIOD OF DISABILITY BUT NOT TO
DISABILITY INSURANCE CASH BENEFITS, OR
* YOU ARE RECEIVING BENEFITS IN A SECOND PERIOD OF DISABILITY
FOR "THICH YOU DID NOT HAVE TO COMPLETE AWAITING PERIOD.
RESPONSIBILITIES OF PEOPLE RECEIVING DISABILITY BENEFITS
SEE NEXT PAGE
ENCLOSURE SSA-10153
C
This certifies that you (or the persons(s} on whose behalf you
applied}, became entitled under the Social Security Act to the
social security benefits shown.
Important: See other side for ao"ditional information.
Martha A. McSteen
Acting Commissioner
of Social Security
Form SSA-l30-TR 110-83)
\,
Juan P. Suarez M.D.,P.A
25 W. Kaley St Suite 200A
Orlando, FL 32806
Phone: 407-843-0151
Fax: 407-843-9230
June 12,2007
To The City of Ocoee:
Re: Glenn Myers
Mr. Myers is a well established patient of my practice. Due to his recent hospitalizations and
diagnosis', it is my recommendation that he be taking baths rather than showers. To help
facilitate this process, an extention of a bathroom needs to be added to their house, that includes
a whirlpool bathtub and a larger shower.
If any questions or information is needed, please feel free to contact .our office.
Sincerely,
7
./
Katherine K. Welty, MD
License # ME0068336
Primary Care Specialist, LLC
12395 S. Orange BloS5om Trail
Orlando, FL 32837
Phone: (407)438-8840 Fax: (407)438-8893
Patient: Myers, Donna L
1005 Armada Cl.
Oeoee, FL 34761
DOB: 11/15/1952
Date: June 12, 2007
Whirlpool Bathtub'" Accessable
Use daily as directed
#1 (One) unit(s)
Refills: prn
MEDICALLY NECESSARY DUE TO SEVERE OSTEOARTHRITIS OF
SPINE/HIPS/KNEES AND DIABETIC NEUROPATHY.
Diagnosis: Osteoarthritis involving several sites, multiple sites
Signature
To prohibit drug product selection, handwrite
"Medically Necessary" In the spaee above.
o1-e4
Copy of Public Hearing Advertisement
Date Published
~\i\V.V~Oa.1 (JlA\~ 2.(Q1 zo01
o V t a \'\d 0 S' evrt1 V\e.l Cl a '5 l.n.~ds
Advertisement
CITY OF OCOEE
NOTICE OF fARING
REGARD EST
. FOR
APPLlC
CASE
NOTICE IS HEREBY GIVEN, that
the OCOEE CITY COMMISSION
will hold a PUBLIC HEARING an
TUESDAY, AUGUST 7, 2007 at 7:15
P.M. or as soon thereafter as
possible, at the Ocoee Citv
Commission Chambers, 150
N Lakeshore Drive, Ocoee,
Florida, in order to consider
the petition of Glenn Mvers
for a variance according to
the provisions of Article IV,
subsection 4-9 of the City of
Ocoee Land Development
Code.
rg~~nt:~qu~s:.~:o1;~e A'~~~ldig
Court. The Orange Countv
Propertv Appraiser Identifi-
cation Number (PIN) is 09-
22-28-4046-00-340. The' appli-
cant is reCluesting a rear
vard setback variance from
25 teet to 14 feet tor a bath-
room addition.
~~t;;e~re~h~a~U:a ~~~trrig I
and be heard with respect
to the proposed variance.
This notice is given pursu-
ant to Article IV, Subsection
4-9 B. (1), and page 180.4.43
of the Citv of Ocoee Land
Development Code. A copv
of the application and the
Citv at Ocoee Stoff Report
mav be examined at the
Communitv Development
Department iocated in the
Cltv Hall at the address in-
dicated above, between the
hours at 8:00 a.m. and 5:00
p.rn., Monday-Friday, ex-
cept legal holidavs. The
Oeoee City Commission
mav continue the public
hearings to other dates and
times, os they deem neces-
sarv. Anv interested partv
shall be advised that the
dates, times, and places at
continuation of these or con-
tinued publ.ic 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 a
the public hearings will
need a record af 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
the appeal is based. Per-
sons with disabilities need-
ing assistance to participate
in anv of these proceedings
should contact the Citv
Clerk's Office 48 hours in
advance of the meeting at
407-905-3105.
Beth Eikenberrv
Citv Clerk
OLs424577 7fl6107