Item #04 Approval of Rodney Armstead Variancethe riter of Good L„
J Q
AGENDA ITEM COVER SHEET
Meeting Date: A pril 16, 2013
Item # I
Contact Name:
Contact Number:
Michael Rumer In/
Ext. 1018
Reviewed By:
Department Director:
City Manager:
Subject: Rodney Armstead
Variance Application # VRA3 -01
1107 Coastal Circle
Commission District 2 — Rosemary Wilsen
Background Summary:
Content of Variance Request
The applicant, Rodney Armstead, is requesting approval for the construction of a brick paver patio that
will extend 17 feet from the dwelling with the addition of a retaining wall that will extend out an
additional three feet. The proposed 20 foot addition will encroach into the 50 foot setback from the
normal high water level at 1107 Coastal Court, on Lake Olympia.
The subject property is located on lot 14 of the Admiral Pointe Phase 2 plat. Lot 14 contains "C"
drainage, which provides a system where the stormwater runoff from the lot drains from front to the
rear.
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.
The lots are designed to collect drainage from the front yard and move to the side yards with final
outfall at the rear. Years of this process has begun to degrade the rear slope.
(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.
Similar lots have retaining walls at the same setback.
(3) That the special conditions and circumstances do not result from the actions of the applicant.
The special conditions do not result from 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.
The granting of this variance will confer special privileges. However, this special privilege will not be
applicable to all other lands within the city.
Board of Adjustment Recommendation:
The proposed variance request by Rodney Armstead for a rear yard setback variance to encroach
10.2 feet into the 50 foot setback from the normal high water level was reviewed at a public hearing by
the Board of Adjustment on March 21, 2013. The Board of Adjustment voted 5 -0 to recommend
approval of the variance request.
Issue:
Should the Honorable Mayor & City Commissioners approve a request by Rodney Armstead for a rear
yard setback variance to encroach 10.2 feet into the 50 foot setback from the normal high water level
for a proposed retaining wall and a brick paver patio addition at 1107 Coastal Circle?
Recommendations
Staff recommends the Honorable Mayor and City Commissioners approve the variance for a rear yard
setback variance to encroach 10.2 feet into the 50 foot setback from the normal high water level for a
proposed retaining wall and a brick paver patio addition requested by Rodney Armstead.
Attachments:
Location Map
Site Plan
Admiral Pointe Phase 2 Plat
Aerial
Letter from Applicant
Site plan with proposed addition
Photos
Impervious Ratio Certification
Financial Impact:
N/A
2
Type of Item: (please mark with an 'V)
X Public Hearing
For Clerk's Dept Use:
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 Q
N/A
N/A
N/A
Armstead Variance
Location Map
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Application for Variance
January 8, 2013
City of Ocoee
Board of Adjustment
150 N Lakeshore Dr
Ocoee, FL 34761
Dear board members:
Please accept this letter as our request for a variance to the setback limits of our property
located at 1107 Coastal Circle in Ocoee. As the sole owners of this single family home our
desire is to correct erosion issues and install a patio to improve the usability of the back yard.
Two permits were applied for this project: 3163 -2012 and 3164 -2012. Both were denied for
encroachment into setback areas for the 100 year flood line and normal high water line.
Background
Our home and the neighboring houses are located along the western shore of Lake Olympia.
The land was graded close to level from the street to approximately 10 feet behind the houses
where it dropped five or six feet to the natural grade coming up from the lake. This earth was
originally held in place with landscape fabrics and left as a drop -off. Of the four homes graded
in this way two have installed hard walls, one has left it as -is, and our home was backfilled to
create a slope to protect their children from falling off the unprotected ledge. The two
neighbors with retaining walls had their work permitted by the city and at the time of the work
met the requirements for the 100 year flood line and normal high water line. As we developed
our project the city planning department was very helpful in providing the original plat drawings
and setback lines that we used to lay out the work. During the permit review a new elevation
survey was requested and since 2000 (when the original surveys were done) the water lines
have come up several feet moving the setbacks up to under ten feet from the back of the house.
The surveyor suggested that this was due to the high water marks set by the three storms in
2004 and the unusually high lake levels during that time.
Current issues
Over the past seven years we have observed the edge and face of the hill slowly sliding down
hill. On either end of the house there are erosion issues due to runoff away from the home. We
are currently addressing some of the runoff issues through the use of downspout extensions but
there is no simple way to address the majority of the hills span without some form of earth
support structure. At the south end of the hill the earth shifting has caused the upper portion of
the hill to be quite steep and difficult to maintain. Mowing this area has become hazardous as it
is steep enough that a push mower will roll over if you attempt to mow across the face of the hill.
By installing the engineered retaining wall and drainage system we aim to solve these issues
permanently.
Request
We respectfully request a variance to the current water level setbacks to allow our lower
retaining wall to be constructed within previous setback limits and parallel and equal to our
neighbor's retaining wall. It is our understanding that when the water elevations are re-
calculated they will retreat to previous levels if there is no further major storm activity. The
current water level has the edge of water over 100' beyond the previous normal high water
markers. We have attached a simple elevation sketch of the proposed patio and wall including
the new setback limit line. We have also attached photographs where I have placed stakes and
ribbons as close as possible to the proposed wall cap locations to aid in visualizing the impact to
the yard and being equal to the neighbor's retaining wall. Also included is the October 2012
elevation survey, the 2005 survey showing the unusually high water level, and the 2000 surrey
which was used with the city for their advice when developing our project. We have designed
our retaining wall system to remain clear of all existing trees and avoid anything that would
obstruct or interfere with the natural lakefront environment.
Conclusion
With your acceptance we hope to retain the soil levels around the foundation of our property
with the use of proper drainage and the new retaining wall structure as well as provide a more
useful back yard patio environment for our family. Please reference permit applications 3163-
2012 and 3164 -2012 as needed. We would like to thank you for your time and consideration
and welcome any site visits or requests for more information as needed.
Sincerely,
1
Rodney Armstead
1107 Costal Cir
Ocoee, FL 34761
407 -509 -6984
rods .msn.com
Attachments:
Photographs
Elevation and project sketch
Contact information for adjacent property owners
2000 Survey
2005 Survey
2012 Elevation study
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January 31, 2013
DeWayne Jones
Planning and Development
City of Ocoee
150 N Lakeshore Dr
Ocoee, FL 34761
Subject: Clarifications for Armstead Variance Case VR -13 -01
This letter is in response to the request for clarifications dated January 24, 2013
Item 91: The variance request is to encroach a maximum of 10.2 feet past the current NI-IWL
50' setback. Please see attached drawing with proposed patio layout and dimensions.
Item 42: The impervious ratio with the proposed patio and sidewalk installed would be --41 %
per the dimensions listed below.
Drive: 1,165 sq.ft.
Walks: 285 sq.ft.
Foundation /Pad: 1,850 sq.ft.
Front Porch Deck: 28 sq.ft.
Proposed patio /walk: 1 150 sq.ft.
Total hard surface: 4,478
Lot size: 11,025 sq.ft.
Ratio: 41%
If you have any questions or need further clarification please let me know
Sincerely
Rodney Armstead
1107 Coastal Cir
Ocoee, FL 34761
407- 509 -6984
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Date PubUshed and Merle a Name
2C The West Orange Times Thursday April 4, 2013
Adve Msement ®U AdMe
FIRST INSERTION
CITY OF OCOEE
NOTICE OF PUBLIC HEARING
REGARDING REQUEST FOR VARIANCE
APPLICANT: RODNEYARM3TEAD
CASE NUMBER: VR -13-01
NOTICE IS HEREBY GIVEN, that the OCOEE CITY COMMISSION
will hold a PUBLIC HEARING on TUESDAY, APRIL 16, 2013, 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 Rodney Armstead for a variance according to the provisions of
Article IV, subsection 4 -9 of the City of Ocoee Land Development Code.
Action Requested: The parcel is located at 1107 Coastal Circle. The
Orange County Property Appraiser Identification Number (PIN) is 17 -22-
28- 0020 -00 -140. The applicant is requesting a variance to encroach 10.2
feet into the 50 foot setback to the normal high water level for a proposed
retaining wall and a brick paver patio addition.
Interested parties may appear at the cited meeting and be heard with
respect to the proposed variance. This notice is given pursuant to Article IV,
Subsection 4-9 B. (1), and page 180.4.43 of the City of Ocoee Land Develop-
ment Code. A copy of the application and the City of Ocoee Staff Report
may be examined at the Planning Department located in City Hall at the
address indicated above, between the hours of 8:00 am. and 5:00 p.m.,
Monday - Friday, except legal holidays.
The Ocoee City Commission may continue the public hearing to other
dates and times, as they deem necessary. Any interested party shall be
advised that the dates, times, and places of continuation of these or 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 appeal any decision made at the public hear-
ings will need a record of the proceedings and for this purpose may need to
ensure that a verbatim record of the proceedings is made which includes
the testimony and evidence upon which the appeal is based. Persons with
disabilities needing 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.
April 4, 2013 13- 02192W
+3- 02192W ���
.voice /Serial Number
your Community newspaper
Published Weekly
Orlando, Orange County, Florida
COUNTY OF ORANGE
S.S.
STATE OF FLORIDA
Before the undersigned authority personally appeared Kimberly Martin
who on oath says that he /she is Publisher's Representative of
The West Orange Times, a weekly newspaper published at
Orlando, Orange County, Florida; that the attached copy of advertisement,
being a Notice of Public Hearing
in the matter of Public Hearing on April 16, 2013, at 7:15 p.m
in the Circuit Court, was published in said newspaper in the
issues of
April 4, 2013
Affiant further says that the said West Orange Times is a newspaper
published at Orlando, Orange County, Florida, and that said newspaper has
heretofore been continuously published and has been entered as periodicals matter
at the Post Office in Orlando, Orange County, Florida, for a period of one year next
preceding the first publication of the attached copy of advertisement; and affiant
further says that he /she has neither paid nor promised any person, firm or
corporation any discount, rebate, commission or refund for the purpose of securing
this advertisement for publication in said newspaper.
*This Notice was placed on the newspaper's website and floridapublicnotices.com
:)n the same day the notice appeared in the newspaper.
�sz 7
s
worn to and subscribed before me this K' erly Martin
4th day of April A.D. 2013,
y Kimberly Martin, who is personally known to me.
I-AC k��'N
Notary Public, State of Florida
(SEAL)
A. t. LUCIA
NOTARY PUBLIC
-STATE OF FLORIDF
Comm# EE829115
CITY OF OCOEE
NOTICE OF PUBLIC HEARING
REGARDING REQUEST FOR VARIANCE
APPLICANT: RODNEYARMSTEAD
CASE NUMBER: VR -13-01
NOTICE IS HEREBY GIVEN, that the OCOEE CITY COMMISSION
will hold a PUBLIC HEARING on TUESDAY, APRIL 16, 2013, 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 Rodney Armstead for a variance according to the provisions of
Article IV, subsection 4 -9 of the City of Ocoee Land Development Code.
Action Requested: The parcel is located at 1107 Coastal Circle. The
Orange County Property Appraiser Identification Number (PIN) is 17 -22-
28- 0020 -00 -140. The applicant is requesting a variance to encroach 10.2
feet into the 5o foot setback to the normal high water level for a proposed
retaining wall and a brick paver patio addition.
Interested parties may appear at the cited meeting and be heard with
respect to the proposed variance. This notice is given pursuant to Article IV,
Subsection 4 -9 B. (1), and page 180.4.43 of the City of0coee Land Develop-
ment Code. A copy of the application and the City of Ocoee Staff Report
may be examined at the Planning Department located in City Hall at the
address indicated above, between the hours of 8:00 a.m. and 5:00 p.m.,
Monday - Friday, except legal holidays.
The Ocoee City Commission may continue the public hearing to other
dates and times, as they deem necessary. Any interested party shall be
advised that the dates, times, and places of continuation of these or con-
tinued public hearings sball 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 appeal any decision made at the public hear- .
ings will need a record of the proceedings and for this purpose may need to
ensure that a verbatim record of the proceedings is made which includes
the testimony and evidence upon which the appeal is based. Persons with
disabilities needing 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.
April 4, 2013 13- 02192W