H A R RY W A R R E N OFFICE W A R E H O U S E.

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1 Florinda Dr. Staff Report to the Board of Zoning Adjustment February 23, 2016 VA R I TEM #2 H A R RY W A R R E N OFFICE W A R E H O U S E. S E C O N D STO RY A D D I T I O N Davidson St. Woodruff Ave. Shady Lane Dr. Golfview St. Golfview St. Country Club of Orlando Location Map S U M M A R Y Applicant David Runnels David E. Runnels, P.A., Architect Owner Harry Warren Inc. Project Planner Jacques Coulon Updated: February 16, 2016 Property Location: 1400 N. Orange Blossom Trl. (Parcel ID # , on the west side of N. Orange Blossom Trl., (north of Golfview St., south of Woodruff St.), ±0.86 acres, District 3. Applicant s Request: The applicant is requesting a variance to allow construction of a second story to an existing building in an I-G zoning district, as follows: Variance to allow a second story addition to be built 0 ft. back from the rear property line where there a ten (10) ft. setback is required. Subject Site Staff s Recommendation: Approval of the Variance subject to the conditions in this report. Public Comment Courtesy notices were mailed to property owners within 300 ft. of the subject property the week of February 08, As of the published date of this report, staff has not received one letter of support from the General Manager of the property to the south concerning this request.

2 Page 2 F U TURE LAND USE MAP SUBJECT PROPERTY Z O N ING MAP SUBJECT PROPERTY

3 Page 3 P R O JECT ANALYSIS Project Description The subject property consists of an irregularly shaped lot, with a single story warehouse in the Spring Lake neighborhood. The subject property currently contains an approximately + 16,075 gross sq. ft. warehouse to which the applicant plans to add a + 4,006 sq. ft. second story addition. The lot is conforming, ( ft. in width, ft. in depth on the southern boundary and ft. in depth along the northern boundary for a total of approximately + 57,934 sq. ft.). The applicant requests a variance of ten (10) ft. to allow the construction of a second story addition 0 ft. from the rear property line where a setback of 10 ft. is required. The property is zoned I-G (General Industrial) and is designated as INDUST (Industrial) on the City s Future Land Use map. Adjacent uses consist of a self-storage facility, retention area, transportation corridor and a golf course (Country Club of Orlando). Adjacent uses, zoning and future land use designations are per Table 1 below. Table 1 - Project Context Future Land Use Zoning Adjacent Use North Industrial (INDUST) General Industrial (I-G) Self-Storage East (INDUST) Public Use, Wekiva Overlay (P/ John Young Pkwy., CSX Train Tracks W), General Industrial (I-G) South Residential Low Intensity (RES- Single Family Residential, Traditional Golf Course (Country Club of Orlando) LOW) City Overlay (R-1AA/T) West (INDUST) I-G Self-Storage, Water Retention Area Previous Actions: 1922: Property platted as part of the Country Club Addition Subdivision. 1960: 16,075 sq. ft. single story warehouse constructed. 02/2006: Current owner purchased the property. Conformance with the LDC: As previously noted, the property is zoned I-G General Industrial. The I-G district is intended primarily to provide for the beneficial use of existing industrial properties, while encouraging upgraded development standards for such properties where they are located adjacent to residential areas. The district is also intended for areas where a range of general and heavy industrial uses may be desirable. The addition of a second story in the location as proposed is not seen as having a negative impact on the zoning district and is in conformance to the LDC. Analysis As noted previously, the lot has contained a single story warehouse since 1960; the current owner is seeking to add a second story addition to the southern end of the building. The addition has been situated where it is because the underlying building structure is there to support a second floor with little modification to the first floor in that location. Movement of the addition to another area of the building may not be feasible and may require additional modifications to the first floor in order to construct a second floor. Directly to the rear of the proposed Table 2- Development Standards (I-G) Principal Structure Setbacks addition is an approximately 125 ft. square retention pond used by the self-storage property that surrounds the development site to the north and west. Front (ft.) Side (ft.) Rear (ft.) Max ISR Max FAR Required 0 0 or Proposed The existing building plus the addition will require a minimum total 20 parking spaces based on a total of 11,551 sq. ft. warehouse and 6,895 sq. ft. office. The site already has 30 parking spaces. The addition will be architecturally treated with metal siding and a metal roof. The space is planned to be used for offices to support the business and the second floor will contain windows on all sides of the building with the exception of the rear side, overlooking the retention area. The rear area, where the variance is required, will not contain any windows.

4 Page 4 Page 4 A E R I A L P H O T O SUBJECT PROPERTY LOCATION OF ADDITION

5 Page SURVEY

6 Page 6 Page 6 L O CATION OF A D D ITION

7 Page 7 Page 7 S I TE P H O TO S C U R R E N T V I E W F R O M S T R E E T V I E W OF T H E L O C A T I O N OF A D D I T I O N

8 Page 8 Page 8 A R C H ITECTURAL ELEVATIONS S O U T H E L E V A T I O N E A S T E L E V A T I O N W E S T E L E V A T I O N N O R T H E L E V A T I O N

9 Page 9 FINDINGS AND RECOMMENDATIONS VARIANCE FOR SECOND STORY ADDITION SET BACK 0 ft. FROM THE REAR PROPERTY LINE Variance of ten (10) ft. to allow the construction of a second story addition at the rear property line of an existing industrial building where a ten (10) ft. rear yard setback is required. Staff Recommendation: Approval of the variance based on the finding that said variance meets the standards for approval, subject to the conditions below: 1. Development shall be in strict conformance with all conditions found in this report, subject to any modification by the Board of Zoning Adjustment (BZA) and/or City Council. Minor modifications to the approved variance may be approved by the Zoning Official. Major modifications, as determined by the Zoning Official, shall require additional review by the BZA. 2. All applicable City, county, state or federal permits must be obtained before commencing development. 3. A Right of Way Encroachment Agreement is required for any items constructed in the right of way (Golfview Street). There is a storage area and fencing on the south side of the building within the right of way for Golfview Street. Either provide a copy of an existing Encroachment Agreement or coordinate one with the City of Orlando's Real Estate Division or Public Works Department. Note to Applicant: The proposed variance only addresses the Land Development Code standards expressly represented in this staff report and any relief to such standards as approved. The relief granted through the variance is restricted to the subject property as noted in the staff report and is not transferable to other parcels of land. The next step in this variance request is City Council consideration of the Board of Zoning Adjustment's recommended action (provided it is not appealed) at an upcoming City Council meeting. Possible City Council approval of this variance request does not constitute final approval to carry out the development proposed in this application. The applicant shall comply with all other applicable requirements of the Land Development Code, including any additional review requirements, and shall receive all necessary permits before initiating development. Please contact the Permitting Services Division of the City of Orlando to inquire about your next steps toward receiving a building permit. Also, please provide a copy of the Variance approval letter with conditions of approval with any permits requested for said project. Diameter

10 Page 10 S T A N D A R D S F O R V A R I A N C E A P P R O V A L V A R I A N C E : R E A R YA R D S E T B A C K OF 0 FT. W H E R E 10 FT. IS R E Q U I R E D Special Conditions and Circumstances 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. Zoning violations or nonconformities on neighboring properties shall not constitute grounds for approval of any proposed Zoning Variance. Not Self-Created The special conditions and circumstances do not result from actions of the applicant. A selfcreated hardship shall not justify a Zoning Variance; i.e., when the applicant himself by his own conduct creates the hardship which he alleges to exist, he is not entitled to relief. Meets Standard Yes No The building was completed in 1960 in the current location, built up to bothe the rear and south side yard setbacks. The placement of the building and parking on site make it very difficult to construct additional first floor space integrating with the existing building. Meets Standard Yes No The building completed construction in 1960 and was as it is now when purchased by the property owner. No Special Privilege Conferred Approval of the Zoning Variance requested shall 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. Meets Standard Yes No Approval of the variances would not confer a special privilege, based on the special conditions and circumstances of the property and existing building. The proposed variance to the rear-yard setback will allow the applicant to construct a second story addition to the building. Deprivation of Rights Literal interpretation of the provisions contained in 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 and undue hardship on the applicant. Financial loss or business competition shall not constitute grounds for approval of any variance. Purchase of property with intent to develop in violation of the restrictions of this Chapter shall also not constitute grounds for approval. Meets Standard Yes No Denial of the variance would deprive the applicant of the right to construct a second story addition on their building where it structurally makes sense. Minimum Possible Variance The Zoning Variance requested is the minimum variance that will make possible the reasonable use of the land, building or structure. Meets Standard Yes No The variance requested is the minimum possible variance to allow the applicant to construct a second floor in the most structurally appropriate place utilizing the existing structure on the first floor. Purpose and Intent Approval of the Zoning Variance will be in harmony with the purpose and intent of this Chapter and such Zoning Variance will not be injurious to the neighborhood or otherwise detrimental to the public welfare. Meets Standard Yes No Approval of the variance would be viewed as being harmonious with the purpose and intent of the Code. The additional story will not harm the character of the immediate neighborhood. Granting the variance would not be detrimental to the public welfare.

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