orlando city council january 10, 2011
DESCRIPTION
Orlando City Council January 10, 2011. Consideration of Recommended Order Quasi-Judicial Hearing 2010-003 Variance Case # VAR2010-00048 300 Thornton Lane. Presented by:. Dean Grandin , Jr. AICP City Planning Division Manager. Project Location. - PowerPoint PPT PresentationTRANSCRIPT
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Orlando City CouncilJanuary 10, 2011
Presented by:Dean Grandin, Jr. AICP
City Planning Division Manager
Consideration of Recommended OrderQuasi-Judicial Hearing 2010-003
Variance Case # VAR2010-00048300 Thornton Lane
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Project Location• 300 Thornton Lane– north of South Street and
east of Summerlin Avenue. • Property Zoned R-2A/T/HP• District 4 (Commissioner Sheehan)
SOUTH ST
Lake Lawsona
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History• Applicant purchased home with an
existing concrete patio in the rear.• Applicant replaced the concrete
patio with pavers without obtaining proper building permits.
• After a neighbor filed a complaint the owner was cited by Code Enforcement for lack of proper permits.
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History• Applicant applied for proper
building permits, but was denied due to ISR overage
• Applicant stated pavers were pervious but had not submitted proper documentation of perocity to City Engineering staff.
• Applicant applied for a variance on June 22, 2010
• Case was heard by the BZA on July 27, 2010
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Variance Requested• A variance to allow for an additional
15% of impervious surface, resulting in an Impervious Surface Ratio (ISR) of 70% thereby allowing the patio area in the rear yard to remain.
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Existing Survey
subject property and patio space with pavers.
Patio
Single family home
Garage
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Existing home at 300 Thornton Lane
Photograph of Property
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Rear yard from side yard entrance
Garage
Single Family Home
Photograph of Property
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Staff Recommendation to
BZA• Staff had recommended denial of the requested variance and approval of a lesser variance to exceed the maximum ISR by 7% because:• Applicant met some, but not all, of the
6 standards for approval• A lesser variance would allow the
applicant functional patio space• Mitigation to accommodate excess
runoff was also recommended
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BZA Hearing• BZA considered this case at July 27, 2010
hearing• Item was on regular agenda and staff made
a presentation• Applicant was not present• Board concurred with staff’s
recommendation• Property Owner appealed the Board’s
decision • Neighbor to the south, Anita Gonzalez, filed
a Motion to Intervene, noting her opposition was due to run-off that her property has been receiving
• Quasi-judicial hearing was held on October 20, 2010
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Quasi-Judicial Hearing Notes
• At the hearing, the Respondent, Anita Gonzalez, admitted that her property received run-off since the home’s construction in 2000 (prior to the current property owner purchasing it) and that most of the run-off was from downspouts and not the patio pavers.
• Property owner stated that he replaced the impervious concrete patio with permeable pavers, shortly after purchasing the property, thereby improving the conditions of the site.
• The Hearing Officer determined that using permeable pavers to replace impermeable concrete will not increase runoff from the subject property
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Recommended OrderThe Hearing Officer recommended approval of the originally request variance of 15% subject to the conditions of the staff report. These condition include:1. A shallow depression, at least 4 inches in
depth, shall be constructed and maintained between the proposed pavers and the south property line;
2. A native canopy tree, at least 8 feet in height, shall be planted on the south side of the property; and
3. Because the site is approximately 125 feet from Lake Olivia, a shallow pollution swale shall be constructed and maintained along the rear property line.
(Note: The above conditions are identical to those recommended by staff for the lesser variance)
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Staff Recommendation
• Staff recommends adoption of the Recommended Order from the Hearing Officer to include the original staff recommendations, including the conditions, as originally recommended by staff.
• The applicant shall apply for all necessary after-the-fact permits for the subject patio with paver.
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Action Required by Council
• Adopt the recommended order, adopt the recommended order with changes, or direct staff to prepare a revised order.
• Council shall not change any findings of fact reached by the Hearing Officer without stating its reasons for such change.
• If Council directs staff to prepare a revised order, the revised order shall be transmitted to the parties and presented to City Council within forty-five (45) calendar days.