BCC PUBLIC HEARING ONBZA #VA- 13-09-069, OCTOBER 3, 2013

APPLICANT: YURI FERROAPPELLANT: WILLIAM A DAVIS, SR. and

REBECCA M. DAVIS

Orange County Zoning Division

DECEMBER 3, 2013

Variance Criteria, Sect. 30-43

CASE #: VA-13-09-069

APPLICANT: Yuri Ferro

REQUEST: Variances in R-CE zone to construct a single family residence as follows:

1. To allow 20,473 sq. ft. of lot area in lieu of 43,560 sq. ft.2. To allow front yard setback of 25 ft. in lieu of 35 ft.3. To allow rear yard setback of 10 ft. in lieu of 50 ft.4. To construct pool and pool deck 24.2 ft. from normal high water elevation of Lake Down in lieu of 50 ft.

ZONING: R-CE (8/2/66)

TRACT SIZE: 0.47 acres

LOCATION: North side of Ron Den Lane, west of S. Apopka-Vineland Rd., northof Conroy Windermere Rd.

DISTRICT: #1

Background

Zoning Map

Aerial

Existing Buildable Area

Proposed Site Plan

House Sizes in Neighborhood

5210 sq ft

6431 sq ft

5114 sq ft

6089 sq ft (living) 4535

sq ft

3198 sq ft

2208 sq ft

2274 sq ft

2228 sq ft

2796 sq ft

5793 sq ft

6176 sq ft

2852 sq ft

2806 sq ft

2602 sq ft

6563 sq ft

2910 sq ft

Proposed house size will not exceed 4500 sq. ft. living area

Similar Variances Approved

A BC & E

D

A: 2002- To construct pool 15.7 ft. from NHWE in lieu of 50 ft.

B: 2006- To construct 2 story house and pool 41 ft. and 20 ft., respectively from NHWE in lieu of 50 ft.

C: 2013- To construct addition and porch 12.1 ft. from NHWE in lieu of 50 ft.

D: 2002- To construct addition 13.3 ft. from rear P/L in lieu of 50 ft. (not lakefront)

E: 2005- To construct porch 11.5 ft. from NHWE in lieu of 50 ft.

Project Data Property was platted in 1959; met all R-1 standards at time of

platting (6,000 sq. ft. lot size) In 1966 Orange County rezoned property to R-CE (1 acre lot

size requirement); rezoning created substandard lot size Lot was created as a result of a lot split in 2001, which

combined lots 6, 7, & 8 into two larger lots. Proposed house size will not exceed 4,500 sq. ft. of living area

and 2 stories Applicant proposes the following variances:

LOT AREA 20,473 sq. ft. in lieu of 43,560 sq. ft. (Variance #1)

FRONT 25 ft. in lieu of 35 ft. (Variance #2)

REAR 30 ft. in lieu of 50 ft. (Variance #3)

Project Data2001 Lot Split

(combined lots 6, 7 & 8 into two larger lots)

Staff Analysis Variance #4 not necessary because the lake side for this lot is

a side yard and side yard requirement is 10 ft. Request complies with this requirement

Shape of the lot (wider than deep) plus the curvilinear shaped of the street constitutes a hardship on the land

Shape of the lot does not lend itself to a reasonable house size without the granting of variances

Size of the house is comparable to other lakefront homes in the area

Similar variances have been granted

BZA Findings Shape of the lot (wider than deeper) plus the curvilinear

shape of the street restricts the construction of a home Shape of the lot does not provide the property owner a

reasonable use without the granting of variances Size of the house is comparable to other house sizes in

neighborhood Similar variances have been granted

Community Feedback

9 surrounding property owners in favor 4 surrounding property owners in opposition

BZA Recommendation

DECISION: Approved the variance requests in that the BZA found it met the requirements governing variances as outlined in Section 30-43(3), Orange County Code. Said approval is subject to 10 conditions of approval. (unanimous 4-0)

Appellant Compromise

On November 26, 2013 a letter from the appellant offered a compromise.Appellant not opposed to Variance request #1 (lot area), and #2 (front setback of 25’ in lieu of 35’) contingent upon:

Denial of Variance #3 (rear setback of 30’ in lieu of 50’) This compromise would provide for a building envelope

of approximately 2,700 sq.ft., versus 1,700 sq.ft. as allowed by code.

Would provide for a living area of approximately 4,000 sq.ft. as a 2 story home.

BCC Action Requested

Approve the variances consistent with the recommendations of the Board of Zoning Adjustment, subject to ten (10) conditions of approval.

Or;

Approve Variances #1 and #2, deny Variance #3, consistent with the Appellant’s compromise. (Condition of approval #10 deleted)

Conditions of Approval1. Pursuant to Section 125.022, Florida Statutes, issuance of this

development permit by the County does not in any way create any rights on the part of the applicant to obtain a permit from a state or federal agency and does not create any liability on the part of the County for issuance of the permit if the applicant fails to obtain requisite approvals or fulfill the obligations imposed by a state or federal agency or undertakes actions that result in a violation of state or federal law. Pursuant to Section 125.022, the applicant shall obtain all other applicable state or federal permits before commencement of development.

2. Development in accordance with site plan date stamped "Received September 16, 2013" and all other applicable regulations. Any deviations, changes, or modifications to the plan are subject to the Zoning Manager's approval. The Zoning Manager may require the changes be reviewed by the Board of Zoning Adjustment (BZA) for administrative approval or to determine if the applicant's changes require another BZA public hearing;

Conditions of Approval3. Prior to the issuance of permits the applicant shall complete a

Conservation Area Determination;

4. Approval of this request does not grant any approvals for construction or alternation of boat ramps, docks, decks, observation piers, lake shore vegetation, or seawalls on the lake. Any person desiring these types of structures or to perform shoreline alterations shall first apply for a permit from the Orange County EPD prior to commencement of such activities.

5. No construction, clearing, filling, alteration or grading is allowed within or immediately adjacent to a conservation area without first obtaining permission from EPD. Approval of this request does not authorize any direct or indirect impacts to conservation areas or protective buffers.

Conditions of Approval6. Use caution to prevent erosion during construction along the boundary

of the property, into the lake, wetlands and buffers, and into all drainage facilities and ditches. Construction will require Best Management Practices (BMPs) for erosion control.

7. Prior to the issuance of any permits, the applicant shall obtain a flood plain permit;

8. Approval of this request does not constitute approval of the use of septic tanks and wells. The use of septic tanks and wells shall be in accordance with all applicable regulations;

9. Living area shall not exceed 4,500 sq. ft.

10. Rear yard setback shall be a minimum of 30 ft

BCC PUBLIC HEARING ONBZA #VA- 13-09-069, OCTOBER 3, 2013

APPLICANT: YURI FERROAPPELLANT: WILLIAM A DAVIS, SR. and

REBECCA M. DAVIS

Orange County Zoning Division

DECEMBER 3, 2013