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Home My WebLink About2002 11 12 Regular Item C ''1 BOARD OF ADJUSTMENT AGENDA ITEM C November 12.2002 Meeting REQUEST: Community Development Department presents to the City Commission the request of Louis and Betty Ann Ogus for a variance from the established 25-foot side yard (for comer lots) building setback line at Lot 54 Winter Springs Unit 9, 668 White Oak Court, in the Tuscawilla Planned Unit Development (PUD). PURPOSE: The purpose of this agenda item is to consider a request by Mr & Mrs. Ogus for a variance to allow a portion of a 520 square-foot fence with a Pergola Top and a 80 square foot addition to encroach within 11 feet of the northeast side of the property, about midway along that property line. APPLICABLE CODE: Sec. 6-2. Compliance with chapter. (a) No building or structure shall hereafter be constructed, altered,.. . except in conformity with the provisions of this chapter. Sec. 20-103. Restrictions upon lands, buildings and structures. (c) Percentage of occupancy (lot). No building or structure shall be erected.. .nor shall any open space surrounding any building or structure be encroached upon or reduced in any manner except in conformance with the building site requirements ... for the district in which such building or structure is located. Sec. 20-82. Duties and powers, general. The Board of Adjustment shall make recommendations to the city commission to grant any variance or special exception as delineated in this chapter. (1) The board of adjustment shall have the additional following specific powers and duties: a. .. .. . 1 September 12, 2002 BOA Agenda Item C Page 2 b. ..... c. To recommend upon appeal such variance from the terms of this chapter as will not be contrary to the public interest where, owing to special conditions, a literal enforcement of the provisions of this chapter will result in unnecessary and undue hardship. In order to recommend any variance from the terms of this chapter, the board of adjustment must and shall find: 1. That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning district; 2. That the special conditions and circumstances do not result from the actions of the applicant; 3. That granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, buildings or structures in the same zoning district; 4. That literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this chapter and would work unnecessary hardship on the applicant. 5. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure; 6. That the grant of the variance will be in harmony with the general intent and purpose of this chapter, will not be injurious to the neighborhood, or otherwise detrimental to the public welfare. d. ..... (2) In recommending the granting of any variance, the board of adjustment may recommend appropriate conditions and safeguards. Violations of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of this chapter. The board of adjustment may recommend a reasonable time limit within which the action for which the variance is required shall be begun, or both. (3) Under no circumstances shall the board of adjustment recommend the granting of a variance to permit a use not generally or by special exception permitted in the zoning district involved, or any use expressly or by implication 1 September 12, 2002 BOA Agenda Item C Page 3 prohibited by the terms of this chapter in the zoning district. No nonconforming use of neighboring lands, structures or buildings in the same zoning classification or district, and no permitted use of lands, structures or buildings in oth~r zoning classifications or districts shall be considered grounds for the authorization of a variance. (4) (5) Sec. 20-83. Procedures. (a) Upon receipt, in proper form and with appropriate fees, an application for a variance, special exception or conditional use as delineated in this chapter, the board of adjustment shall schedule such application for consideration at a public meeting. (b) All such applications will be processed within sixty (60) days of receipt of same. (c) All meetings for consideration of a variance, special exception or conditional use shall be noticed for at least seven (7) days prior to the date of the meeting in the following manner: (1) Posting the affected property with a notice of the meeting which indicates the matter to be considered. (2) Posting in city hall a notice of the meeting which indicates the property affected and the matter to be discussed. (3) At least seven (7) days prior to the meeting, the board of adjustment shall also notify all owners of property adjacent to or within one hundred fifty (150) feet of the property to be affected of the time, date and place of the meeting. Such letter must also indicate the variance, special exception, or conditional use requested, and must require proof of delivery. (d) All interested persons shall be entitled to be heard as such meetings or to be heard by written statement submitted at or prior to such meeting. (e) In the event a special exception, variance or conditional use is not authorized by ordinances of the city, the person requesting the unauthorized action must submit an application pursuant to section 20-28. (f) Appeals to the board of adjustment may be taken by any person aggrieved or by any officer, board or bureau of the city affected by any decision of an administrative official under the zoning regulations. Such appeals shall be taken f September 12, 2002 BOA Agenda Item C Page 4 within thirty (30) days after such decision is made by filing with the officer from whom the appeal is taken and with the board of adjustment, a notice of appeal specifying the grounds thereof. The appeal shall be in such form as prescribed by the rules of the board. The administrative official from whom the appeal is taken shall, upon notification of the filing of the appeal, forthwith transmit to the board of adjustment all the documents, plans, papers or other material constituting the record upon which the action appealed from was taken. (g) The board of adjustment shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and make recommendations to the city commission for the appeal within a reasonable time. Upon the hearing, any party may appear in person or by agent or by attorney. For procedural purposes, an application for a special exception shall be handled by the board of adjustment the same as for appeals. (h) Any variance, special exception or conditional use which may be granted by the council shall expire six (6) months after the effective date of such action by the city commission, unless a building permit based upon and incorporating the variance, special exception or conditional use is obtained within the aforesaid six- month period. However, the city commission may renew such variance, special exception or conditional use for one (1) additional period of six (6) months, provided good cause is shown and the application for extension shall be filed with the board at least thirty (30) days prior to the expiration of the six-month period. Any renewal may be granted without public hearing, however, a reapplication fee may be charged in an amount not to exceed the amount of the original application fee. It is intended that provisions contained within this subsection are to be retroactive to the extent that any variance, special exception or conditional use previously granted shall become void if a period of time in excess of twelve (12) months shall have lapsed, and a building permit based upon and incorporating the variance, special exceptions or conditional uses has not been issued prior to expiration of such time limit. CHRONOLOGY: November 5, 2002 - City received application for variance. FINDINGS: 1) Staff has not received a written explanation of how the variance request conforms to all six of the variance criteria set forth in Section 20-82 of the Code. 2) Staff cannot determine that the variance request conforms to the six criteria set forth in Section 20-82 of the Code. ;- September 12, 2002 BOA Agenda Item C Page 5 RECOMMENDATION: Staff recommends that the Board of Adjustment consider the variance pursuant to the criteria outlined in section 20-82 of the Code. Approval requires consistency with all six criteria. A TT A CHl\1ENTS: A - Plot plan submitted with proposed additions and fence drawn in B - Variance application c - Various historical data from the county D -Pictures with notes to accompany pictures E -Property Ownership Map (showing the development) from the County F -Abstract of Title G -Historical Aerials from the County H. -Letter explaning why variance should be granted for permit application 200203004 which has been denied. BOA ACTION: