Item #13 Hill Variance
AGENDA ITEM COVER SHEET
Michael Rumer ~~
Meeting Date: November 4, 2008
Item # _13
Reviewed By: ~~
Department Director: {A
Development Services
Director:
City Manager:
HJV-
----
Contact Name:
Contact Number:
407 -905-3100/1018
Subject: Daniel Hill
Variance Application # VR-08-005
478 Little Aspen Ct
Commission District # 1 - Gary Hood
Issue:
Should the Mayor & City Commissioners approve a variance request by Daniel Hill for a rear yard setback
variance from 25 feet to 17 feet for a proposed sunroom addition and a rear yard setback variance from 25 feet
to 21 feet for a bathroom addition?
Background Summary:
Content of Variance Reauest
This variance application requests that a proposed sunroom addition and bathroom addition at 478 Little Aspen
Court be allowed to encroach into the 25 foot rear yard setback established by the zoning district. The
applicant's intent is to construct the bathroom addition for immediate use and the sunroom would be
constructed at a future date. The applicant consulted with the Building Department on the requirements for
making the addition and was informed that due to the 25' setback; a variance would be required.
Discussion:
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'lh) feet to the rear lot line and no closer than
seven and one-half (7'lh) 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...."
At first glance, the criteria 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.
Similar Variances have been approved by the City Commission within the past two years.
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 meeting all setbacks.
(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 Daniel Hill for a rear yard setback variance for a rear yard setback variance
from 25 feet to 17 feet for a proposed sunroom addition and a rear yard setback variance from 25 feet to 21 feet
for a bathroom addition was reviewed at a Public Hearing by the Board of Adjustment on October 16, 2008. The
Board of Adjustment voted 4-0 to recommend approval of the variance request. The Board of Adjustment based
the recommendation for approval on the fact that similar variances have been approved by this board and the
City Commission.
2
Staff Recommendation:
Based on the recommendation from the Board of Adjustment, staff does not object to the variance request by
David Hill for a rear yard setback variance from 25 feet to 17 feet for a proposed room addition and a rear yard
setback variance from 25 feet to 21 feet for a bathroom addition. Should the City Commission make a finding
recommending the approval of the variances requested, such recommendation should be conditioned on
factual interpretation of code requirements and public testimony related to such provisions.
Attachments:
Location Map
Surrounding Zoning Map
Site Plan
Aerial
Pictures
October 16, 2008 Board of Adjustment Meeting Minutes
Type of Item: (please mark with an "x')
X Public Hearing
Ordinance First Reading
Ordinance Second Reading
Resolution
X Commission Approval
Discussion & Direction
For Clerk's DeDt Use:
Consent Agenda
_ Public Hearing
_ Regular Agenda
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 0
N/A
N/A
N/A
3
478 LITTLE ASPEN CT
REQUEST FOR REAR YARD SETBACK VARIANCE
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CARTER, & AYERS, INC.
t. LAND SURVEYORS
DATE OF:
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FOUND 4-Z0-8/
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636 N. WYMORE ROAD
WINTER PARK, FLORIDA 32789
(305) 647.7346
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REG. LAND SURVEYOR NO.
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I
MINUTES OF THE BOARD OF ADJUSTMENT
REGULAR MEETING HELD OCTOBER 16, 2008
CALL TO ORDER
Acting Chairman Colburn called the meeting to order at 6:03 p.m. in the Commission
Chambers at City Hall. Following a Moment of Silent Meditation and the Pledge of
Allegiance to the Flag; the Clerk called roll and declared a quorum.
PRESENT: Acting Chairman Colburn, Members Warren, Wilsen, and Alternate
Member Elliott. Also present were Zoning Inspector Dunsford, and Deputy City Clerk
Sibbitt.
ABSENT: Chairman Resnik and Member Cox were absent excused.
APPROVAL OF MINUTES - AUGUST 14,2008
Member Wi/sen, seconded bv Member Warren, moved to avvrove the minutes of Auzust
14, 2008. Motion carried 4-0.
OLD BUSINESS
Board Members inquired if the variances from the last meeting were approved by City
Commission. Zoning Inspector Dunsford stated he was not aware but Deputy City
Clerk Sib bitt stated she is pretty positive that it was approved. Members asked if for
future meetings they could be informed as to what the City Commission decides on
variances they make recommendations on.
NEW BUSINESS
HILL - VR-08-005 - 478 LITTLE ASPEN COURT
Zoning Inspector Dunsford stated he is filling in for Principal Planner Rumer who was
not able to be present tonight. Mr. Dunsford presented exhibits and the staff report for
the Hill Variance located at 478 Little Aspen Court.
BACKGROUND
This variance application requests that a proposed sunroom addition at 478 Little Aspen
Court be allowed to encroach on the 25 foot rear yard setback established by the zoning
district. The applicant's intent is to construct the bathroom addition for immediate use
and the sunroom would be constructed at a future date. The applicant consulted with the
Building Department on the requirements for making the addition and was informed that
due to the 25' setback; a variance would be required.
RECOMMENDATION
Based on several findings, staff does not object to the variance requested by David Hill
for a rear yard setback variance from 25 feet to 17 feet for a proposed room addition and a
rear yard setback variance from 25 feet to 21 feet for a bathroom addition. Should the
Board of Adjustment make a finding recommending the approval of the variance
requested, such recommendation should be conditioned on factual interpretation of code
requirements, and public testimony related to such provisions.
Board of Adjustment Regular Meeting
October 16,2008
DISCUSSION
Acting Chairman Colburn inquired if similar variances have previously been passed
and if the neighbors object to the construction of the structures. Zoning Inspector
Dunsford stated he has not heard of any objections and there have been similar variances
that have been approved in the past.
Dan Hill, 478 Little Aspen Court, stated he is asking for the variance for his wife who is
handicapped and has been in a wheelchair for about 6 years. He stated the current
bathroom is not really functioning, which is why they are requesting a variance.
Member Wilsen inquired if a professional contractor would be doing the work. Mr. Hill
stated he is hiring a professional.
The Public Hearing was opened, and as no one wished to speak, the Public Hearing
was closed.
Member Warren. seconded bv Alternate Member Elliott. moved to recommend to City
Commission the aporoval of the reQuest for Hill Variance. Motion carried unanimouslv.
OTHER BUSINESS - None
COMMENTS
Acting Chairman Colburn commented that this is the first time since he was appointed
to the board that staff has not objected to the variance request and was a little puzzled as
to why they had to meet. He stated that Development Services Director Shadrix clarified
to him before the meeting that the code requires all variances to be heard by the Board of
Adjustment.
ADJOURNMENT
The meeting adjourned at 6:09 p.m.
Melanie Sibbitt, Deputy City Clerk
John Resnik, Chairman
2
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