MEETING AGENDA BOARD OF ADJUSTMENT

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1 CALL MEETING TO ORDER: CLERK TO CALL ROLL: MEETING AGENDA BOARD OF ADJUSTMENT Thursday, May 24, :30 P.M. (EST) or As Soon Thereafter As Possible 450 North Wilson Avenue, Bartow, Florida READING OF MINUTES: April 26, Regular Meeting CONSIDERATION OF QUESTIONS FROM THE FLOOR, PETITIONS, COMMUNICATIONS: 1. Public Comment: A) Matters not appearing on this agenda. B) Matters appearing on this agenda but not scheduled for separate public hearing. OLD BUSINESS: None NEW BUSINESS: 1. Application #SE DaVita Inc., applicant, James B. & Marlene K. McCullough Living Trust, owner of the property located at the southwest corner of the intersection of Flamingo Drive and Idlewood Avenue, requests a modification to Condition of Approval #3 of an approved Special Exception Use for a kidney dialysis clinic to: 1) Increase the possible total number of patients per day from 32 to 48; 2) Increase the number of shifts per day from two to three; 3) Extend the hours of operation from 6:00 PM to 8:30 PM; and 4) Allow occasional service on Sunday due to holiday schedules. 2. Application #V Mathew J. Kovschak, Sutton Law Firm, applicant, George & Mary McMicken, owners of the property located at 825 Trish Place, requests a variance of 3' 10 3/4" to allow a 6' 1 1/4" rear yard setback in lieu of 10' to maintain an existing covered porch addition. 3. Application #V Neil & Darlene Rogers, owners of the property located at 655 South Wilson Avenue, requests variances of: 1) 4 to allow the edge of the water for a swimming pool to be 6 from the rear property line in lieu of 10 ; and 2) Variance of 2 to allow the screen enclosure for a swimming pool to be 3 from the rear property line in lieu of 5. NEXT MEETINGS: June 28, 2018 July 26, 2018 August 23, 2018 ADJOURNMENT:

2 CITY OF BARTOW ZONING BOARD OF ADJUSTMENTS Thursday, April 26, :30 p.m. (EST) City Hall Commission Chambers 450 N. Wilson Ave., Bartow, FL MINUTES The City of Bartow Zoning Board of Adjustments held a regular meeting on Thursday, April 26, 2018 at 5:30 p.m. (EST) in the City Commission Chambers located at Bartow City Hall, 450 N. Wilson Avenue. Notice of this meeting was posted at City Hall and on the city s website 1. Call Meeting to Order Chairperson Pfeiffer called the meeting to order at 5:30 p.m. (EST) 2. Clerk to Call Roll: Assistant City Clerk Donna Clark called the roll and attendance was as follows: Board Members Present: Board Members Absent: Staff Members Present: Board Member Rugina Castillo Board Member Bob Pfeiffer, Chairperson Board Member Jim Heppel, Vice Chairperson Board Member Pam Luce Board Member Velmon Collins None Planning Director Bob Wiegers Assistant City Clerk Donna Clark Planning Director Wiegers informed the board members that Board Member Quigley had resigned from the board because he had moved out of the city. He asked the board member that if they know of anyone who may be interested in serving on the board to encourage them to contact the City. 3. Reading of the Minutes: March 22, 2018 MOTION was made by Vice Chairperson Heppel seconded by Board Member Collins to approve the minutes of the March 22, 2018 Zoning Board of Adjustments as presented. VOTE TO THE MOTION AS FOLLOWS: AYE: Castillo, Pfeiffer, Heppel, Luce, Collins NAY: None Motion carried. 4. Consideration of Questions from the Floor, Petitions, Communications: A. Public Comment: 1) Matters not appearing on this agenda.

3 Zoning Board of Adjustments Thursday, April 26, :30 p.m. Page 2 of 6 Chairperson Pfeiffer opened the floor for any public comments on matters not appearing on this agenda. There were no public comments so Chairperson Pfeiffer closed the floor. 2) Matters appearing on this agenda but not scheduled for a separate public hearing. 5. Old Business: Chairperson Pfeiffer opened the floor for any public comments on matters appearing on the agenda but not scheduled for a separate public hearing. There were no public comments so Chairperson Pfeiffer closed the floor. There was no old business. 6. New Business: A. Application #SE Davita Healthcare Partners, Inc., applicant, James B. & Marlene K. McCullough Living Trust, owner of the property located at the southwest corner of Flamingo Drive and Idlewood Avenue, requests a Special Exception Use approval to construct a kidney dialysis clinic in the R-3, Multiple Family Residential zoning district as allowed in Table (A), Table of Land Uses, of the Unified Land Development Code. (Public Hearing Required) Planning Director Wiegers read the title into the record. He stated the property sits on the southwest corner of Flamingo Drive and Idlewood Avenue. He stated that this property is over an acre in size and is currently zoned R-3, Multiple Family Residential. He stated that the nature of the City s code contemplates areas such as this that are close to commercial and allows clinics to be located in this zoning district. He stated the applicant will be using Flamingo Drive and Idlewood Avenue for public access to the property with a separate service drive to Idlewood Avenue. He continued to go through his staff report. He stated the applicant would like to construct a new modern and up-to-date facility to replace the existing center located at 1190 East Church Street. The new location will provide sixteen (16) treatment stations that are capable of treating thirty-two (32) patients per day using two treatment shifts. Treatment services will be Monday thru Saturday from 5:00 a.m. to 6:00 p.m. and no services on Sundays. He stated that public notice of the application was published in the local newspaper and posted on the City s website and bulletin board. He stated that nine (9) adjacent property owners were notified of the request. He stated that he heard from one (1) person who wanted to know about the project. He stated that this person s only concern was he did not want them to have access to Church Street. (A copy of the staff report is attached to these minutes and is described as Exhibit A.) Mr. Javier Ramirez, John B. Webb & Associates, Inc., approached the podium to answer any questions of the board members. Vice Chairperson Heppel inquired about the time frame of the construction and if they are going to operate out of the both facilities. It was stated that there will not be any dual overlap of the facilities. Once the process has been completed and they get the Certificate of Occupancy it will take about a six (6) week period to allow the transition into the new facility. The treatments will end at the old facility and start back up the next day in the new facility.

4 Zoning Board of Adjustments Thursday, April 26, :30 p.m. Page 3 of 6 Chairperson Pfeiffer opened the public hearing. There were no comments so Chairperson Pfeiffer closed the public hearing. MOTION was made by Vice Chairperson Heppel and seconded by Board Member Luce to approve Application #SE a request for special exception use to construct a kidney dialysis clinic in the R- 3, Multiple Family Residential zoning district. VOTE TO THE MOTION AS FOLLOWS: AYE: Castillo, Pfeiffer, Heppel, Luce, Collins NAY: None Motion carries. B. Application #V Mike Hendershot, owner of the property located at 695 East Church Street, requests variances of: 1) 5 to allow the edge of the water for a swimming pool to be 5 from the property line in lieu of 10 ; and 2) Variance of 2 to allow the screen enclosure for a swimming pool to be 3 from the property line in lieu of 5. (Public Hearing Required) Planning Director Wiegers read the title into the record. He stated the property is located on the southwest corner of Oak Avenue and Church Street. He stated the property is zoned R-3. He stated that public notice of the application was published in the local newspaper and posted on the City s website and bulletin board. He stated that ten (10) adjacent property owners were notified of the request. He stated that he did not receive any communications from the adjacent property owners but the applicant received several letters of recommendations for the project. He continued to go through his staff report. (A copy of the staff report is attached to these minutes and is described as Exhibit B.) Mr. Michael Hendershot, 695 East Church Street, approached the podium. Vice Chairperson Heppel complimented Mr. Hendershot for what he has done with home. Board Member Luce asked Mr. Hendershot about the size of the pool. Planning Director Wiegers explained that according to building codes if the depth of the pool is 6 then the edge of the water must be 6 away from the house. So the applicants would not be able to bring the pool closer to the house; it s a life safety issue. Mr. Hendershot stated that with the 10 setback it would only give him a 9 wide pool, which would place the pool close to the house and according to building codes the pool has to be so many feet away from the existing structure. As to taking care of the yard in between the screen enclosure and fence he would be able to fit his riding mower in there to mow. Chairperson Pfeiffer opened the public hearing. There were no comments so Chairperson Pfeiffer closed the public hearing.

5 Zoning Board of Adjustments Thursday, April 26, :30 p.m. Page 4 of 6 MOTION was made by Board Member Collins and seconded by Vice Chairperson Heppel to approve Application #V a request for variances 5 to allow the edge of water for a swimming pool to be 5 from the property line and 2 to allow the screen enclosure for a swimming pool to be 3 from the property line. VOTE TO THE MOTION AS FOLLOWS: AYE: Castillo, Pfeiffer, Heppel, Luce, Collins NAY: None Motion carries. C. Application #V Callie Robertson, Anchor Sign, Inc., applicant, Epic Development, LLLC, owner of the property located at 1580 North Broadway Avenue, requests a variance of sq. ft. to allow sq. ft. of wall sign in lieu of 50 to construct a new business sign. (Public Hearing Required) Planning Director Wiegers read the title into the record. He stated this is the location of the former Mike Restaurant. He stated that this is a multi-tenant building with two (2) businesses; on the south side is Aspen Dental and the north side is Starbucks. The property is zoned C-3, Highway Commercial. The property can be accessed by Broadway Avenue, Lucile Street, and Park Avenue. He stated that public notice of the application was published in the local newspaper and posted on the City s website and bulletin board. He stated that ten (10) adjacent property owners were notified of the request. He stated that the sign ordinance is something the board members should be contemplative on. He stated the applicant is already benefiting from the allowed size in our ordinance because each business in the building gets to utilize their own 50 square foot instead of splitting a larger number in half. (A copy of the staff report is attached to these minutes and is described as Exhibit C.) Mr. Mike Cohen, Anchor Sign, Inc., approached the podium. He stated that the majority of the signage would go on the front of the building. He stated he doesn t believe that the allowable size would give the business enough visibility from the location of the building coming from the south. He stated the east side and behind the building there is a hotel and shopping center that blocks visibility to the building. He stated this is the reason Aspen Dental would like to place signage on all three sides of the building. Board Member Collins had to excuse herself from the meeting at 6:31 p.m. Chairperson Pfeiffer opened the public hearing. There were no comments so Chairperson Pfeiffer closed the public hearing. MOTION was made by Vice Chairperson Heppel and seconded by Board Member Luce to approve Application #V a request for variance of sq. ft. to allow sq. ft. of wall sign in lieu of 50 to construct a new business sign. VOTE TO THE MOTION AS FOLLOWS: AYE: Castillo, Pfeiffer, Heppel, Luce NAY: None

6 Zoning Board of Adjustments Thursday, April 26, :30 p.m. Page 5 of 6 Motion carries. D. Application #V Alan Rayl, Rayl Engineering & Surveying, LLC, applicant, Evolve Professional Holdings, LLC, owner of the property located at 640 South Orange Avenue, requests a variance of 18 to allow a 7 front yard setback in lieu of 25 to construct a new commercial building. (Public Hearing Required) Planning Director Wiegers read the title into the record. He stated the old buildings that were owned by Dale Bailey Environmental were severely damaged by the hurricane so he decided to close his business and move elsewhere. The current owner, Evolve Landscaping, has begun the process of removing the damaged buildings. He stated the owners plan to redevelop the property by adding a new building and relocating the existing parking area to a spot that is internal to the site. He stated the site is zoned C-2, Commercial, which allows some of the medium intensity commercial uses. He stated that public notice of the application was published in the local newspaper and posted on the City s website and bulletin board. He stated that nine (9) adjacent property owners were notified of the request and received no comments on the request. He continued to go through his staff report. (A copy of the staff report is attached to these minutes and is described as Exhibit D.) Mr. Alan Rayl, Rayl Engineering & Surveying, LLC, approached the podium. He handed out a copy of his responses to the variance criteria that were included in the variance application. He gave a brief background description of Evolve Professional Holdings, LLC. He stated that with this expansion the applicant expects to add another twenty (20) positions in the next three years. He stated the intent for the variance is to allow a 9½ front yard setback to construct a future building in the same alignment as the existing building and to create a combined, uniform business complex. He stated the pavement that currently exists will be removed from the front yard and be replaced with landscaping. (A copy of the responses to the variance criteria is attached to these minutes and is described as Exhibit E.) Vice Chairperson Heppel inquired about the pavement on the south side of the property. Mr. Rayl stated the applicant does not have a final plan at the moment but will probably provide some employee parking, equipment and landscaping material storage. The company has a fence around the property so there will be a gate that will be locked every evening. Vice Chairperson Heppel inquired about the run-off of the landscaping materials into the sewer system. Mr. Rayl stated the site will not have offsite run-off. He stated the green space will be maintained and stabilized by 6 PVC fencing on the property. Chairperson Pfeiffer inquired if Southwest Florida Water Management District (SWFMD) would still need to do an inspection on the property. Planning Director Wiegers stated that SWFMD may or may not come out and do an inspection on the property. The applicant has already submitted their application to SWFMD to obtain an exemption.

7 Zoning Board of Adjustments Thursday, April 26, :30 p.m. Page 6 of 6 He stated that he believes that SWFMD will approve the exemption because there would be no negative impacts that are being created. Chairperson Pfeiffer opened the public hearing. There were no comments so Chairperson Pfeiffer closed the public hearing. MOTION was made by Board Member Luce and seconded by Vice Chairperson Heppel to approve Application #V a request for variance of 18 to allow a 7 front yard setback for construction of a new commercial building. VOTE TO THE MOTION AS FOLLOWS: AYE: Castillo, Pfeiffer, Heppel, Luce NAY: None Motion carries. 7. Next Meetings: May 24, 2018, June 28, 2018, and July 26, 2018 Planning Director Wiegers stated the next scheduled meetings. 8. Adjournment: With no further business to discuss Chairperson Pfeiffer adjourned the meeting at 7:01 p.m. ATTEST: Chairperson Bob Pfeiffer Assistant City Clerk Donna Clark (SEAL)

8 Case # SE / Davita Healthcare Partners, Inc. Planning Department Staff Report Board of Adjustments Hearing Date: May 24, 2018 GENERAL INFORMATION Request: Owner: Applicant: Location: Tract Size: Public Notice: Modify Condition of Approval #3 of an approved Special Exception Use for a kidney dialysis clinic to: 1) Increase the possible total number of patients per day from 32 to 48; 2) Increase the number of shifts per day from two to three; 3) Extend the hours of operation from 6:00 PM to 8:30 PM; and 4) Allow occasional service on Sunday due to holiday schedules. James B. & Marlene K. McCullough Living Trust Davita Inc. Southwest Corner of Flamingo Drive and Idlewood Avenue (See Attached Location Map) 1.29 acres (56,341 sq. ft.) Public notice of the request was published in the local newspaper and posted in City Hall and on the City s website. Nine adjacent property owners were notified within the required notification radius. STAFF ANALYSIS On April 26, 2018, the Board of Adjustment approved Application SE in the name of Davita Healthcare Partners, Inc., for a 6,500 square foot facility with 16 treatment stations capable of treating 32 patients per day using two treatment shifts. Up to eight employees will be present to provide treatment service Monday thru Saturday from 5:00 AM to 6:00 PM with no services provided on Sundays. After further analysis by the applicant it was determined that a modification to Condition of Approval #3 of the approved Special Exception Use is necessary to better reflect the actual operations of the clinic. Changes proposed are to: 1) Increase the possible total number of patients per day from 32 to 48; 2) Increase the number of shifts per day from two to three; 3) Extend the hours of operation from 6:00 PM to 8:30 PM; and 4) Allow occasional service on Sunday due to holiday schedules. Additionally, the applicant requests that the City recognize Davita, Inc. as the corporate entity responsible for the clinic instead of Davita Healthcare Partners, Inc. (See Attached Justification of Request)

9 Case #SE / Davita Healthcare Partners, Inc. April 26, 2018 Page 2 of 2 STAFF RECOMMENCDATION The Planning Department recommends approval of the request by Davita, Inc., to modify Condition of Approval #3 as follows: A maximum number of 16 treatment stations capable of treating patients per day using two three shifts are permitted. Treatment services may occur Monday thru Saturday from 5:00 AM to 6:00 8:30 PM with no service occasional service allowed on Sundays due to holiday schedules. And update the corporate entity responsible for clinic operations from Davita Healthcare Partners, Inc. to Davita, Inc. All other conditions related to the approval given by the Board of Adjustments on April 26, 2018, will remain in place.

10 from: Date: 05/07/2018 John B. Webb & Associates, Inc. Civil Engineers and Land Surveyors 925 S. Denning Drive, Winter Park, Florida Phone: Fax: Mr. Robert E. Wiegers, AICP, CPM Planning Director 450 North Wilson Avenue Bartow, Florida Phone: Fax: Subject: Revision to Conditions (Application #: SE-18-01) Bartow Dialysis Center, Bartow, Florida, Project No.: D30-02 Dear Mr. Wiegers, On behalf of DaVita Healthcare Partners, Inc., we request to revise a condition set forth in the approval letter for Application #SE Condition #3 currently reads: A maximum number of 16 treatment stations capable of treating 32 patients per day using two shifts are permitted. Treatment services may occur Monday thru Saturday from 5:00 AM to 6:00 PM with no services on Sundays. DaVita Healthcare Partners, Inc. proposes to revise Condition #3 to read: A maximum number of 16 treatment stations capable of treating 48 patients per day using three shifts are permitted. Treatment services may occur Monday thru Saturday from 5:00 AM to 8:30 PM with occasional service on Sundays due to holiday schedules. DaVita Healthcare Partners, Inc. proposes this revision with their patients and future in mind. The revision to hours of operations and shifts is to allow a larger volume of patients to be treated weekly without expanding the building footprint of the current site plan. The occasional service on Sunday will allow patients to enjoy holidays with their loved ones while still meeting their required dialysis treatments weekly. We thank you and the City of Bartow Board of Adjustment in advance for consideration of this request. Sincerely, JOHN B. WEBB & ASSOCIATES, INC. John B. Webb, P.E. Senior Project Manager C: (407) Javier Ramirez, E.I. Project Engineer Cc: John.Webb@webbengr.com <John B. Webb, P.E.> Dax.cheshier@davita.com <Dax Cheshier, DaVita Healthcare Partners, Inc.>

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12 Case #V / George & Mary McMicken Planning Department Staff Report Board of Adjustments Hearing Date: May 24, 2018 GENERAL INFORMATION Request: Owner: Applicant: Location: Tract Size: Variance of 3' 10¾" to allow a 6' 1¼" rear yard setback in lieu of 10' to maintain an existing covered porch addition. George & Mary McMicken Mathew J. Kovschak, Sutton Law Firm 825 Trish Place 6,534 Sq. Ft. LAND USE SUMMARY Zoning District: PUD, Planned Unit Development Minimum Lot Size: 6,600 Square Feet Minimum Lot Width: 55 Minimum Floor Area: 600 Square Feet Maximum Lot Coverage: 45 Percent Maximum Building Height: 30 Minimum Building Setbacks: Front Yard 15 Rear Yard 10 Side Yard 5 Side Street 15 Adjacent Zoning: N: PUD, Planned Unit Development S: PUD, Planned Unit Development E: PUD, Planned Unit Development W: PUD, Planned Unit Development Adjacent Land Uses: N: Single Family Residence S: Single Family Residence E: Single Family Residence W: Single Family Residence SPECIAL INFORMATION Transportation/Access: The site will continue to access Trish Place

13 Case #V / George & Mary McMicken May 24, 2018 Page 2 of 3 Utility Services: Development History: Public Notice: The site will continue to utilize City utility services. The residence located on this property was permitted and constructed in On August 6, 2003, the City of Bartow issued a permit to construct a screen room addition on the rear of the existing residence. There is no record in the City s permitting system (Incode) of a final inspection being performed or of the permit being finalized and closed. When the addition was constructed it was built in a manner that encroaches into a 10 drainage easement that serves as an outfall from Azalea Lake (east of Square Lake development) into Square Lake via an underground pipe. It is unknown whether the building permit for the addition was issued in error by the City or the construction of the addition did not conform to the plans that were approved. The City only retains a copy of permitted residential plans on file for a period of three years so there is no evidence showing what was approved/permitted. Public notice of the request was published in the local newspaper and posted in City Hall. Fourteen adjacent property owners were notified within the required notification radius. STAFF RECOMMENDATION The granting of a variance shall be based on a determination by the Board of Adjustment that the request will not be contrary to the public interest and the intent of this Code, and that strict enforcement of the regulation in question would create an undue and unnecessary hardship for the applicant. Considerations of health, convenience or economics shall not be considered as justification for a variance. Approval of a variance shall be based solely on the following criteria, all of which must be fully satisfied: (A) (B) (C) Special conditions and circumstances exist that are peculiar to the land or structure involved and that are not applicable to other lands or structures in the same land use classification. The special conditions and circumstances do not result from the actions of the applicant. The requested variance, if approved, will not confer on the applicant any special privilege that is denied by the provisions of this Code to other lands or structures in the same land use classification. (D) Literal interpretation of the provisions of this Code would deprive the applicant of rights commonly enjoyed by other properties in the identical land use classification and will constitute an unnecessary and undue hardship on the applicant. (E) That the variance granted is the minimum variance that will make possible a reasonable

14 Case #V / George & Mary McMicken May 24, 2018 Page 3 of 3 use of the land or structure. (F) That the granting of the variance will be in harmony with the general intent of this Code, and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. Variances granted by the Board shall be the minimum necessary to provide a reasonable use of the property and may be approved subject to time limits or any other conditions that the Board deems appropriate.

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23 NOTICE OF PUBLIC HEARING CITY OF BARTOW On Thursday, May 24, 2018, at 5:30 PM (EST), or as soon thereafter as possible, in the Commission Chambers, at 450 North Wilson Avenue, Bartow, Florida, the Board of Adjustment will hold a Public Hearing on the following application(s): Application #V Mathew J. Kovschak, Sutton Law Firm, applicant, George & Mary McMicken, owners of the property located at 825 Trish Place, requests a variance of 3' 10 3/4" to allow a 6' 1 1/4" rear yard setback in lieu of 10' to maintain an existing covered porch addition. The property is legally described as Lot 16, Garden Homes Section One A, PB 100, PG 43, Polk County, Florida. (Tax Parcel # ) Application #V Neil & Darlene Rogers, owners of the property located at 655 South Wilson Avenue, requests variances of: 1) 4 to allow the edge of the water for a swimming pool to be 6 from the rear property line in lieu of 10 ; and 2) Variance of 2 to allow the screen enclosure for a swimming pool to be 3 from the rear property line in lieu of 5. The property is legally described as that part of Lots 2 thru 4 and unnumbered lot described as beginning at a point in the west line of Wilson Avenue 150 north of intersection of said west line of Wilson Avenue with the north line of Pearl Street, thence west, parallel with Pearl Street 119, thence north parallel with the east line of Central Avenue ; thence east parallel with said Pearl Street 119 to the west line of said Wilson Avenue, thence south along the west line of said Wilson Avenue to the point of beginning, Block B, Johnson & Wrights 2 nd Addition, PB 1, PG 33A, Polk County, Florida. (Tax Parcel ) To appeal any decision made by the Board with respect to any application the parties will need a record of the proceedings, and for such purpose, may need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. All parties are invited to comment, either by attending the meeting or by mail. No objections being raised, it is presumed none exist. A copy of the complete application is available for inspection at City Hall, 450 N. Wilson Ave., Bartow, FL during normal business hours. Reply to: Planning Department, PO Box 1069, Bartow, Florida 33831, (863) If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the City Clerk s Office at 450 North Wilson Avenue, P.O. Box 1069, Bartow, Florida or phone (863) within 2 working days of you receipt of this meeting notification; if you are hearing or vision impaired, call

24 LESLIE BARR CLAY 810 TRISH PL BARTOW FL CLAUDIUS HUGH CRAWFORD III 810 SQUARE LAKE DR BARTOW FL ANTHONY J DOUCHES 830 TRISH PL BARTOW FL RICHARD B LAKE 685 SHANKLIN AVE BARTOW FL GEORGE A MCMICKEN 1015 GARDEN CLUB WAY LELAND NC KATHLEEN D MCMICKEN 815 TRISH PL BARTOW FL SHARON K MEEKS 840 TRISH PL BARTOW FL ALEXIS MICHAEL MONIES 1660 LAGOON CIR BARTOW FL DONALD G & SANDRA S MURPHY TR 820 TRISH PL BARTOW FL RALPH RAY 675 SHANKLIN AVE BARTOW FL SQUARE LAKE HOA INC 950 SQUARE LAKE DR BARTOW FL STEVEN J TOTH 805 TRISH PL BARTOW FL JOHN VAS TR 835 TRISH PL BARTOW FL BRAD K WILLIAMS 740 SQUARE LAKE DR E BARTOW FL

25 As a property owner within 150 of 825 Trish Place, in Bartow, Fl, please be advised that the City of Bartow s Board of Adjustment will review the following application on Thursday, May 24, 2018, at 5:30 PM (EST), in the City Commission Chambers, at 450 N. Wilson Ave, Bartow, Fl. Application #V Mathew J. Kovschak, Sutton Law Firm, applicant, George & Mary McMicken, owners of the property located at 825 Trish Place, requests a variance of 3' 10 3/4" to allow a 6' 1 1/4" rear yard setback in lieu of 10' to maintain an existing covered porch addition. All parties are invited to comment on this application. If no objections are raised, it is presumed none exist. To appeal decisions made by the Board you will need a record of the proceedings, and for such purpose, may need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The complete application is available for inspection at City Hall, 450 N. Wilson Ave., Bartow, Florida during normal business hours. The telephone number of City Hall is If you are disabled and need any accommodations to participate in this proceeding, you are entitled, at no cost to you, to certain assistance. Please contact the Bartow City Clerk s office at 450 N. Wilson Ave., Bartow, Fl or phone (863) within 2 working days of you receipt of this meeting notification. If you are hearing or vision impaired call As a property owner within 150 of 825 Trish Place, in Bartow, Fl, please be advised that the City of Bartow s Board of Adjustment will review the following application on Thursday, May 24, 2018, at 5:30 PM (EST), in the City Commission Chambers, at 450 N. Wilson Ave, Bartow, Fl. Application #V Mathew J. Kovschak, Sutton Law Firm, applicant, George & Mary McMicken, owners of the property located at 825 Trish Place, requests a variance of 3' 10 3/4" to allow a 6' 1 1/4" rear yard setback in lieu of 10' to maintain an existing covered porch addition. All parties are invited to comment on this application. If no objections are raised, it is presumed none exist. To appeal decisions made by the Board you will need a record of the proceedings, and for such purpose, may need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The complete application is available for inspection at City Hall, 450 N. Wilson Ave., Bartow, Florida during normal business hours. The telephone number of City Hall is If you are disabled and need any accommodations to participate in this proceeding, you are entitled, at no cost to you, to certain assistance. Please contact the Bartow City Clerk s office at 450 N. Wilson Ave., Bartow, Fl or phone (863) within 2 working days of you receipt of this meeting notification. If you are hearing or vision impaired call As a property owner within 150 of 825 Trish Place, in Bartow, Fl, please be advised that the City of Bartow s Board of Adjustment will review the following application on Thursday, May 24, 2018, at 5:30 PM (EST), in the City Commission Chambers, at 450 N. Wilson Ave, Bartow, Fl. Application #V Mathew J. Kovschak, Sutton Law Firm, applicant, George & Mary McMicken, owners of the property located at 825 Trish Place, requests a variance of 3' 10 3/4" to allow a 6' 1 1/4" rear yard setback in lieu of 10' to maintain an existing covered porch addition. All parties are invited to comment on this application. If no objections are raised, it is presumed none exist. To appeal decisions made by the Board you will need a record of the proceedings, and for such purpose, may need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The complete application is available for inspection at City Hall, 450 N. Wilson Ave., Bartow, Florida during normal business hours. The telephone number of City Hall is If you are disabled and need any accommodations to participate in this proceeding, you are entitled, at no cost to you, to certain assistance. Please contact the Bartow City Clerk s office at 450 N. Wilson Ave., Bartow, Fl or phone (863) within 2 working days of you receipt of this meeting notification. If you are hearing or vision impaired call As a property owner within 150 of 825 Trish Place, in Bartow, Fl, please be advised that the City of Bartow s Board of Adjustment will review the following application on Thursday, May 24, 2018, at 5:30 PM (EST), in the City Commission Chambers, at 450 N. Wilson Ave, Bartow, Fl. Application #V Mathew J. Kovschak, Sutton Law Firm, applicant, George & Mary McMicken, owners of the property located at 825 Trish Place, requests a variance of 3' 10 3/4" to allow a 6' 1 1/4" rear yard setback in lieu of 10' to maintain an existing covered porch addition. All parties are invited to comment on this application. If no objections are raised, it is presumed none exist. To appeal decisions made by the Board you will need a record of the proceedings, and for such purpose, may need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The complete application is available for inspection at City Hall, 450 N. Wilson Ave., Bartow, Florida during normal business hours. The telephone number of City Hall is If you are disabled and need any accommodations to participate in this proceeding, you are entitled, at no cost to you, to certain assistance. Please contact the Bartow City Clerk s office at 450 N. Wilson Ave., Bartow, Fl or phone (863) within 2 working days of you receipt of this meeting notification. If you are hearing or vision impaired call

26 Case #V / Neil & Darlene Rogers Planning Department Staff Report Board of Adjustments Hearing Date: May 24, 2018 GENERAL INFORMATION Request: Owner/Applicant: Location: Tract Size: Variance of: 1) 4 to allow the edge of the water for a swimming pool to be 6 from the rear property line in lieu of 10 ; and 2) Variance of 2 to allow the screen enclosure for a swimming pool to be 3 from the rear property line in lieu of 5. Neil & Darlene Rogers 655 South Wilson Avenue 9,148 Sq. Ft. LAND USE SUMMARY Zoning District: R-3, Multiple Family Residential Minimum Lot Size: 6,000 Square Feet Minimum Lot Width: 60 Minimum Floor Area: 600 Square Feet Maximum Lot Coverage: 45 Percent Maximum Building Height: 30 Minimum Building Setbacks: Front Yard 25 Rear Yard 20 Side Yard 7½ Side Street 15 Adjacent Zoning: N: R-3, Multiple Family Residential S: R-3, Multiple Family Residential E: R-3, Multiple Family Residential W: R-3, Multiple Family Residential Adjacent Land Uses: N: Single Family Residence S: Single Family Residence E: Single Family Residence W: Single Family Residence SPECIAL INFORMATION Transportation/Access: The site will continue to access Wilson Avenue

27 Case #V / Neil & Darlene Rogers May 24, 2018 Page 2 of 2 Utility Services: Development History: Public Notice: The site will continue to utilize City utility services. None Public notice of the request was published in the local newspaper and posted in City Hall. Twelve adjacent property owners were notified within the required notification radius. STAFF RECOMMENDATION The granting of a variance shall be based on a determination by the Board of Adjustment that the request will not be contrary to the public interest and the intent of this Code, and that strict enforcement of the regulation in question would create an undue and unnecessary hardship for the applicant. Considerations of health, convenience or economics shall not be considered as justification for a variance. Approval of a variance shall be based solely on the following criteria, all of which must be fully satisfied: (A) (B) (C) Special conditions and circumstances exist that are peculiar to the land or structure involved and that are not applicable to other lands or structures in the same land use classification. The special conditions and circumstances do not result from the actions of the applicant. The requested variance, if approved, will not confer on the applicant any special privilege that is denied by the provisions of this Code to other lands or structures in the same land use classification. (D) Literal interpretation of the provisions of this Code would deprive the applicant of rights commonly enjoyed by other properties in the identical land use classification and will constitute an unnecessary and undue hardship on the applicant. (E) (F) That the variance granted is the minimum variance that will make possible a reasonable use of the land or structure. That the granting of the variance will be in harmony with the general intent of this Code, and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. Variances granted by the Board shall be the minimum necessary to provide a reasonable use of the property and may be approved subject to time limits or any other conditions that the Board deems appropriate.

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34 NOTICE OF PUBLIC HEARING CITY OF BARTOW On Thursday, May 24, 2018, at 5:30 PM (EST), or as soon thereafter as possible, in the Commission Chambers, at 450 North Wilson Avenue, Bartow, Florida, the Board of Adjustment will hold a Public Hearing on the following application(s): Application #V Mathew J. Kovschak, Sutton Law Firm, applicant, George & Mary McMicken, owners of the property located at 825 Trish Place, requests a variance of 3' 10 3/4" to allow a 6' 1 1/4" rear yard setback in lieu of 10' to maintain an existing covered porch addition. The property is legally described as Lot 16, Garden Homes Section One A, PB 100, PG 43, Polk County, Florida. (Tax Parcel # ) Application #V Neil & Darlene Rogers, owners of the property located at 655 South Wilson Avenue, requests variances of: 1) 4 to allow the edge of the water for a swimming pool to be 6 from the rear property line in lieu of 10 ; and 2) Variance of 2 to allow the screen enclosure for a swimming pool to be 3 from the rear property line in lieu of 5. The property is legally described as that part of Lots 2 thru 4 and unnumbered lot described as beginning at a point in the west line of Wilson Avenue 150 north of intersection of said west line of Wilson Avenue with the north line of Pearl Street, thence west, parallel with Pearl Street 119, thence north parallel with the east line of Central Avenue ; thence east parallel with said Pearl Street 119 to the west line of said Wilson Avenue, thence south along the west line of said Wilson Avenue to the point of beginning, Block B, Johnson & Wrights 2 nd Addition, PB 1, PG 33A, Polk County, Florida. (Tax Parcel ) To appeal any decision made by the Board with respect to any application the parties will need a record of the proceedings, and for such purpose, may need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. All parties are invited to comment, either by attending the meeting or by mail. No objections being raised, it is presumed none exist. A copy of the complete application is available for inspection at City Hall, 450 N. Wilson Ave., Bartow, FL during normal business hours. Reply to: Planning Department, PO Box 1069, Bartow, Florida 33831, (863) If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the City Clerk s Office at 450 North Wilson Avenue, P.O. Box 1069, Bartow, Florida or phone (863) within 2 working days of you receipt of this meeting notification; if you are hearing or vision impaired, call

35 GREGORY L BUCK 640 S CENTRAL AVE BARTOW FL MONTEREY CAMPBELL 660 S WILSON AVE BARTOW FL KAREN KOHLER 675 S WILSON AVE BARTOW FL ROS KATHERINE KOHLER 7520 SW 92ND CT MIAMI FL LAKESHIA LEWIS 1409 PLANTATION CIR APT 416 PLANT CITY FL H Marvin III & Barbara J Pittman Tr 665 S Wilson Avenue Bartow, Florida NEIL J ROGERS 655 S WILSON AVE BARTOW FL FRANK T SKOWRONSKI 310 E PEARL ST BARTOW FL EGLAND LOTH SLIWA 670 S CENTRAL AVE BARTOW FL JEFFREY W STIDHAM 305 E LEMON ST BARTOW FL EVELYN H WEISS 635 S WILSON AVE BARTOW FL RHODA M WHITTEN 615 S WILSON AVE BARTOW FL

36 As a property owner within 150 of 655 South Wilson Avenue, in Bartow, Fl, please be advised that the City of Bartow s Board of Adjustment will review the following application on Thursday, May 24, 2018, at 5:30 PM (EST), in the City Commission Chambers, at 450 N. Wilson Ave, Bartow, Fl. Application #V Neil & Darlene Rogers, owners of the property located at 655 South Wilson Avenue, requests variances of: 1) 4 to allow the edge of the water for a swimming pool to be 6 from the rear property line in lieu of 10 ; and 2) Variance of 2 to allow the screen enclosure for a swimming pool to be 3 from the rear property line in lieu of 5. All parties are invited to comment on this application. If no objections are raised, it is presumed none exist. To appeal decisions made by the Board you will need a record of the proceedings, and for such purpose, may need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The complete application is available for inspection at City Hall, 450 N. Wilson Ave., Bartow, Florida during normal business hours. The telephone number of City Hall is If you are disabled and need any accommodations to participate in this proceeding, you are entitled, at no cost to you, to certain assistance. Please contact the Bartow City Clerk s office at 450 N. Wilson Ave., Bartow, Fl or phone (863) within 2 working days of you receipt of this meeting notification. If you are hearing or vision impaired call As a property owner within 150 of 655 South Wilson Avenue, in Bartow, Fl, please be advised that the City of Bartow s Board of Adjustment will review the following application on Thursday, May 24, 2018, at 5:30 PM (EST), in the City Commission Chambers, at 450 N. Wilson Ave, Bartow, Fl. Application #V Neil & Darlene Rogers, owners of the property located at 655 South Wilson Avenue, requests variances of: 1) 4 to allow the edge of the water for a swimming pool to be 6 from the rear property line in lieu of 10 ; and 2) Variance of 2 to allow the screen enclosure for a swimming pool to be 3 from the rear property line in lieu of 5. All parties are invited to comment on this application. If no objections are raised, it is presumed none exist. To appeal decisions made by the Board you will need a record of the proceedings, and for such purpose, may need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The complete application is available for inspection at City Hall, 450 N. Wilson Ave., Bartow, Florida during normal business hours. The telephone number of City Hall is If you are disabled and need any accommodations to participate in this proceeding, you are entitled, at no cost to you, to certain assistance. Please contact the Bartow City Clerk s office at 450 N. Wilson Ave., Bartow, Fl or phone (863) within 2 working days of you receipt of this meeting notification. If you are hearing or vision impaired call As a property owner within 150 of 655 South Wilson Avenue, in Bartow, Fl, please be advised that the City of Bartow s Board of Adjustment will review the following application on Thursday, May 24, 2018, at 5:30 PM (EST), in the City Commission Chambers, at 450 N. Wilson Ave, Bartow, Fl. Application #V Neil & Darlene Rogers, owners of the property located at 655 South Wilson Avenue, requests variances of: 1) 4 to allow the edge of the water for a swimming pool to be 6 from the rear property line in lieu of 10 ; and 2) Variance of 2 to allow the screen enclosure for a swimming pool to be 3 from the rear property line in lieu of 5. All parties are invited to comment on this application. If no objections are raised, it is presumed none exist. To appeal decisions made by the Board you will need a record of the proceedings, and for such purpose, may need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The complete application is available for inspection at City Hall, 450 N. Wilson Ave., Bartow, Florida during normal business hours. The telephone number of City Hall is If you are disabled and need any accommodations to participate in this proceeding, you are entitled, at no cost to you, to certain assistance. Please contact the Bartow City Clerk s office at 450 N. Wilson Ave., Bartow, Fl or phone (863) within 2 working days of you receipt of this meeting notification. If you are hearing or vision impaired call As a property owner within 150 of 655 South Wilson Avenue, in Bartow, Fl, please be advised that the City of Bartow s Board of Adjustment will review the following application on Thursday, May 24, 2018, at 5:30 PM (EST), in the City Commission Chambers, at 450 N. Wilson Ave, Bartow, Fl. Application #V Neil & Darlene Rogers, owners of the property located at 655 South Wilson Avenue, requests variances of: 1) 4 to allow the edge of the water for a swimming pool to be 6 from the rear property line in lieu of 10 ; and 2) Variance of 2 to allow the screen enclosure for a swimming pool to be 3 from the rear property line in lieu of 5. All parties are invited to comment on this application. If no objections are raised, it is presumed none exist. To appeal decisions made by the Board you will need a record of the proceedings, and for such purpose, may need to ensure that a verbatim record includes the testimony and evidence upon which the appeal is based. The complete application is available for inspection at City Hall, 450 N. Wilson Ave., Bartow, Florida during normal business hours. The telephone number of City Hall is If you are disabled and need any accommodations to participate in this proceeding, you are entitled, at no cost to you, to certain assistance. Please contact the Bartow City Clerk s office at 450 N. Wilson Ave., Bartow, Fl or phone (863) within 2 working days of you receipt of this meeting notification. If you are hearing or vision impaired call