MEETING AGENDA BOARD OF ADJUSTMENT

Transcription

1 MEETING AGENDA BOARD OF ADJUSTMENT CALL MEETING TO ORDER: CLERK TO CALL ROLL: Thursday, November 15, :30 P.M. (EST) or As Soon Thereafter As Possible 450 North Wilson Avenue, Bartow, Florida READING OF MINUTES: October 25, 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 #V Sloan Engineering Group, applicant, MJMB Properties, LLC, owner of the property located on the east side of Pleasant Avenue; 550 north of North Street, requests a variance of 10' to allow a 10' rear yard setback in lieu of 20' to construct a new multifamily building. NEXT MEETINGS: December 13, 2018 January 24, 2019 February 25, 2019 ADJOURNMENT:

2 CITY OF BARTOW ZONING BOARD OF ADJUSTMENTS Thursday, October 25, :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, October 25, 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 Velmon Collins Board Member Dorothy Portell Board Member Jim Heppel, Vice Chairperson (excused) Board Member Pam Luce (excused) Planning Director Bob Wiegers Assistant City Clerk Donna Clark Planning Director Wiegers informed the board members that Board Members Jim Heppel and Pam Luce notified staff that they would not be attending tonight s meeting. 3. Reading of the Minutes: July 26, 2018 MOTION was made by Board Member Portell seconded by Board Member Collins to approve the minutes of the July 26, 2018 Zoning Board of Adjustments as presented. VOTE TO THE MOTION AS FOLLOWS: AYE: Castillo, Pfeiffer, Luce, Portell NAY: None Motion carried.

3 Zoning Board of Adjustments Thursday, October 25, :30 p.m. Page 2 of 3 4. Consideration of Questions from the Floor, Petitions, Communications: A. Public Comment: 1) Matters not appearing on this agenda. 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. 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. 5. Old Business: None There was no Old Business. 6. New Business: A. Application #V Ike D. Fountain, Trustee, 1025 East Main Street Land Trust, owner of the property located at 1030 E. Summerlin Street, requests variances of: 1) 200 sq.ft. to allow the use of a 4,800 sq.ft. building lot in lieu of 5,000 sq.ft. pursuant to Section (A) of the ULDC; and 2) 2 ½ to allow a 5 side yard setback in lieu of 7 ½ to construct a single family residence. (Public Hearing Required) Planning Director Wiegers read the title into the record. He stated this property is located on the north side of Summerlin Street. He stated that the applicant bought the commercial property and discovered there was this small residential piece of property attached it. The applicant is going through this process in order to place a single-family residence on it. He stated this property is part of the East End Vision Plan, which is a targeted neighborhood plan that the Community Redevelopment Agency (CRA) is promoting. One of the goals for the CRA is to provide affordable housing in the area. Public notice of the request was published in the local newspaper and posted on the City s website and in City Hall. Eleven (11) adjacent property owners were notified within the required notification radius. He stated that he did not receive any comments on the application. He stated the applicant will be required to submit a plan that will satisfy the City s architectural guidelines for historic structures. Board Member Portell inquired about the parking on the property.

4 Zoning Board of Adjustments Thursday, October 25, :30 p.m. Page 3 of 3 Planning Director Wiegers stated that minimum requirement for a single family residence is one (1) vehicle. He stated the applicant has enough room on the property for a single car driveway. Chairperson Pfeiffer opened and closed the public hearing. There were no comments. (A copy of the staff report is attached to these minutes and is described as Exhibit A.) MOTION was made by Board Member Collins and seconded by Board Member Portell to approve Application #V a request for variances of: 1) 200 sq.ft. to allow the use of a 4,800 sq.ft. building lot in lieu of 5,000 sq.ft. pursuant to Section (A) of the ULDC; and 2) 2 ½ to allow a 5 side yard setback in lieu of 7 ½ to construct a single family residence.. VOTE TO THE MOTION AS FOLLOWS: AYE: Castillo, Pfeiffer, Luce, Portell NAY: None 7. Next Meetings: November 15, 2018, December 13, 2018, and January 24, 2019 Planning Director Wiegers stated that at this time he does not have anything for the November meeting but if something comes he will inform the board members. He stated that normally in November and December the meetings are moved up because of the holidays. 8. Adjournment: With no further business to discuss Chairperson Pfeiffer adjourned the meeting at 5:49p.m. ATTEST: Chairperson Bob Pfeiffer Assistant City Clerk Donna Clark (SEAL)

5 Case #V / MJMB Properties, LLC Planning Department Staff Report Board of Adjustments Hearing Date: November 15, 2018 GENERAL INFORMATION Request: Owner: Applicant: Location: Tract Size: Sloan Engineering Group, applicant, MJMB Properties, LLC, owner of the property located on the east side of Pleasant Avenue; 550 north of North Street, requests a variance of 10' to allow a 10' rear yard setback in lieu of 20' to construct a new multifamily building. MJMB Properties, LLC Sloan Engineering Group East side of Pleasant Avenue; 550 north of North Street 21,780 Sq. Ft. LAND USE SUMMARY Zoning District: R-3, Multiple Family Residential Minimum Lot Size: 14,500 Square Feet Minimum Lot Width: 85 Minimum Floor Area: 600 Square Feet Maximum Lot Coverage: 45 Percent Maximum Building Height: 45 Minimum Building Setbacks: Front Yard 25 Rear Yard 20 Side Yard 7½ Side Street 15 Adjacent Zoning: N: PI, Public Institutional S: R-3, Multiple Family Residential E: I-2, Heavy Industrial W: R-3, Multiple Family Residential Adjacent Land Uses: N: City of Bartow Electric Utilities S: Single Family Residence E: Fort Frasier Trail W: Single Family Residence

6 Case #V / MJMB Properties, LLC November 15, 2018 Page 2 of 2 SPECIAL INFORMATION Transportation/Access: Utility Services: Development History: Public Notice: The project will access Pleasant Avenue The site will connect to City utility services. The owner is constructing a 5-unit multiple family apartment project. City staff has reviewed the civil site plan for the project but has not issued an approval. Building permits for vertical construction have not been issued. Public notice of the request was published in the local newspaper and posted in City Hall. Five 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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11 P.O. Box 253, Bartow, Florida Office: (863) Fax: (863) November 2, 2018 Robert Wiegers Director, Planning Department City of Bartow 450 N. Wilson Avenue Bartow, FL RE: Application for Variance Narrative Pleasant Ave Multi-Family Residential Dear Bob, This narrative is to accompany the attached Application for Variance, requesting a variance to the required twenty (20) foot building setback for the Eastern property boundary, along Fort Frazier Trail. On behalf of the applicant, we respectfully request approval of this variance based on the following criteria: (A) The special conditions or circumstances that exist are the peculiar size and shape of the parcel and the abutment of the 100 ft Fdot right of way which occupies the Fort Fraser Trail within the multi-family zoning district. If approved, this variance will allow for a visually esthetic building placement along with adequate traffic flow and required parking within the development. (B) The circumstances of this encroachment are the result of the parcel size and shape while also trying to emulate the existing multi-family residential units within the surrounding area. (C) After review of the Polk County Property Appraiser records, it appears that this parcel is unique in size, shape and if approved, this variance will not confer on the applicant any special privilege that is denied by the provisions of the Code to other lands or structures in the same land use classification. It also appears that several similar buildings in the vicinity are currently non-conforming. (D) If approved, this variance would not deprive the applicant of rights commonly enjoyed by other properties in the identical land use classification and will not constitute an unnecessary or undue hardship on the applicant. With the Fort Fraser Trail being approximately 50 feet to the east of the eastern property boundary along with the proposed 10 ft setback, this allows for adequate space between the recreational trail and building structure.

12 (E) Reducing the 20 ft setback to 10 ft represents the minimum variance that will make possible a reasonable use of this land and structure as the buildings are proposed right at the front setback line. (F) If approved, this variance will be in harmony with the general intent of the Code, and will not be injurious to the area involved or otherwise detrimental to the public welfare as there is adequate space between the recreational area and residential use. If you have any questions regarding this letter or the attachments, please call our office at (863) or me at delliott@sloaneg.com. Sincerely, SLOAN ENGINEERING GROUP, INC Doug Elliott Project Manager APPENDIX Steel Building Drawings.:. Dust Collector Drawings

13 32' NORTH SCALE: 1" = 10' 0' 10' 20' FORT FRAZIER TRAIL (F) LEGEND CSX RAILROAD (PER MAP) EXISTING PAVEMENT S89 51'39"E 85.05'(F) EXISTING CONCRETE PROPOSED PAVEMENT 7.5' SIDE BUILDING SETBACK PROPOSED CONCRETE PROPERTY LINE N. PLEASANT AVENUE (F) 44' 17.1' 36"x36" STOP SIGN (R1-1) 12" PAINTED WHITE STOP BAR 10' 12' 12' 10' 24' 47' WHEEL STOP, TYP 25' FRONT BUILDING SETBACK R5' 30' 20' TYP 60' 3' CONC. SIDEWALK 10' 10' TYP TYP 4 R5' POND 200 PROPOSED DUPLEX BUILDING 1,920 SF R5' R5' R5' 30' R3' 11.1' SETBACK VARIANCE REQUESTED S30 55'30"E 99.71'(F) 20' REAR BUILDING SETBACK TRENCH CURB PROPOSED CONCRETE FLUME S I T E C H A R A C T E R I S T I C S PARCEL INFORMATION: PARCEL ID: PROPOSED USE: FLOOD AREA: ZONING: R-3 PARCEL AREA: DEVELOPMENT STATISTICS: TOTAL SITE AREA: 21,728 SF AC PRE DEVELOPMENT CONDITIONS: TOTAL IMPERVIOUS: 0 SF 0 AC or TOTAL PERVIOUS: POST DEVELOPMENT CONDITIONS: MULTI-FAMILY RESIDENTIAL ZONE X PER FEMA PANEL 12105C0515G 0.50 AC BUILDING SETBACKS: NORTH: SOUTH: EAST: TEL TEL TEL TEL 7.5' 7.5' WEST: 25' H # Y D EXISTING RIGHT OF WAY PROPOSED RIGHT OF WAY PROPOSED CENTERLINE EXISTING CENTERLINE EXISTING FENCE EXISTING GAS LINE EXISTING UNDERGROUND UTILITY LINE EXISTING OVERHEAD UTILITY LINE EXISTING ELECTRIC LINE EXISTING VERIZON UTILITY LINE EXISTING BRIGHTHOUSE UTILITY LINE LANDSCAPE BUFFER BUILDING SETBACK UTILITY EASEMENT PROPOSED FENCE PARKING SPACE COUNT EXISTING TREES EXISTING FIRE HYDRANT 20' (VARIANCE REQUESTED TO 11') 21,728 SF 0% AC or 100.0% TOTAL IMPERVIOUS: 9,997 SF AC or BUILDING: 4,800 SF AC PVMT/CONC: 5,197 SF AC 46.0% NO. DATE APPROVED DESCRIPTION SANTOS MEDINA III, P.E. FL REG. #74539 DESIGNED BY: DE DRAWN BY: DE / KL CHECKED BY: NOT VALID UNLESS SIGNED AND SEALED SM 150 SOUTH WOODLAWN AVENUE, BARTOW, FL PHONE: (863) FAX: (863) FLORIDA CERTIFICATE OF AUTHORIZATION (FLCA) # ' TYP 20' TYP 6 TOTAL PERVIOUS: 11,731 SF 0.27 AC or 54.0% PARKING STATISTICS N00 21'33"W '(F) REQUIRED PARKING: 1 SPACE PER UNIT = 5 SPACES ASPHALT REPLACEMENT SEE TYPICAL PAVEMENT SECTION 4' 13' BFP PAD 32' WHEEL STOP, TYP 3' CONC. SIDEWALK 30' 30' PROPOSED TRIPLEX BUILDING 2,880 SF 90' 7.5' SIDE BUILDING SETBACK 30' S89 30'42"W '(F) POND 100 CURVE 1 PROVIDED PARKING: STANDARD SPACES HANDICAP SPACES TOTAL PARKING PROVIDED = SITE NOTES 1. SEE BOUNDARY & TOPOGRAPHY SURVEY FOR LEGAL DESCRIPTION & BENCHMARK INFO. 2. CONTRACTOR TO REFERENCE ARCHITECTURAL DRAWINGS FOR DETAILED DESIGN OF PROPOSED BUILDING, INCLUDING SLAB DESIGN, UTILITY CONNECTIONS, DOORWAYS, AND OTHER SITE ITEMS. GC TO NOTIFY ENGINEER OF RECORD OF ANY DEVIATIONS FROM CIVIL PLANS BEFORE CONSTRUCTION. 3. ALL PAVEMENT MARKINGS SHALL BE PAINTED, UNLESS OTHERWISE NOTED, AND SHALL BE ACCOMPLISHED WITH USE OF PAINTING MACHINES AND/OR STENCILS. ALL PAINT FOR PAVEMENT MARKINGS SHALL MEET THE REQUIREMENTS OF SOLVENTBORNE APPLICATION RECOMMENDATIONS. 4. PARKING STALLS STRIPING SHALL BE 4" WIDE AND SHALL BE STRAIGHT WITH A CLEAN EDGE. ALL DIRECTIONAL ARROWS, STOP BARS, ETC SHALL CONFORM TO THE LATEST MUTCD. 5. REFUSE COLLECTION TO BE VIA ROLL-OFF CART 10 SPACES 0 SPACES 10 SPACES MJMB PROPERTIES, LLC PLEASANT AVENUE RESIDENTIAL SITE PLAN BARTOW, FL R Know what's below. before you dig. Call CLIENT: PROJECT: PROJECT NO SHEET 3 OF 9

14 NOTICE OF PUBLIC HEARING CITY OF BARTOW On Thursday, November 15, 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 Sloan Engineering Group, applicant, MJMB Properties, LLC, owner of the property located on the east side of Pleasant Avenue; 550 north of North Street, requests a variance of 10' to allow a 10' rear yard setback in lieu of 20' to construct a new multifamily building. The property is legally described as: Begin North and 320 West of Southeast corner of Southeast ¼ of Northwest ¼; run North ; Southeasterly along ACL RR R/W ; West to POB; Less begin at a point North and 320 West of Southeast corner of Southeast ¼ of Northwest ¼ run North ; Southerly along SCL R/W ; West to POB, 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

15 J D Davis 685 N Pleasant Avenue Bartow, Florida Florida Department of Transportation PO Box 1249 Bartow, Florida Tommy K Furlong 710 N 1st Avenue Bartow, Florida Morena B. Lowers 855 S Oak Avenue Bartow, Florida PCSB - Central Receiving Warehouse PO Box 391 Bartow, Florida

16 As a property owner within 150 of the parcel located on the east side of Pleasant Avenue; 550 north of North Street, in Bartow, Fl, please be advised that the City of Bartow s Board of Adjustment will review the following application on Thursday, November 15, 2018, at 5:30 PM (EST), in the City Commission Chambers, at 450 N. Wilson Ave, Bartow, Fl. Application #V Sloan Engineering Group, applicant, MJMB Properties, LLC, owner of the property located on the east side of Pleasant Avenue; 550 north of North Street, requests a variance of 10' to allow a 10' rear yard setback in lieu of 20' to construct a new multifamily building. 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 the parcel located on the east side of Pleasant Avenue; 550 north of North Street, in Bartow, Fl, please be advised that the City of Bartow s Board of Adjustment will review the following application on Thursday, November 15, 2018, at 5:30 PM (EST), in the City Commission Chambers, at 450 N. Wilson Ave, Bartow, Fl. Application #V Sloan Engineering Group, applicant, MJMB Properties, LLC, owner of the property located on the east side of Pleasant Avenue; 550 north of North Street, requests a variance of 10' to allow a 10' rear yard setback in lieu of 20' to construct a new multifamily building. 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 the parcel located on the east side of Pleasant Avenue; 550 north of North Street, in Bartow, Fl, please be advised that the City of Bartow s Board of Adjustment will review the following application on Thursday, November 15, 2018, at 5:30 PM (EST), in the City Commission Chambers, at 450 N. Wilson Ave, Bartow, Fl. Application #V Sloan Engineering Group, applicant, MJMB Properties, LLC, owner of the property located on the east side of Pleasant Avenue; 550 north of North Street, requests a variance of 10' to allow a 10' rear yard setback in lieu of 20' to construct a new multifamily building. 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 the parcel located on the east side of Pleasant Avenue; 550 north of North Street, in Bartow, Fl, please be advised that the City of Bartow s Board of Adjustment will review the following application on Thursday, November 15, 2018, at 5:30 PM (EST), in the City Commission Chambers, at 450 N. Wilson Ave, Bartow, Fl. Application #V Sloan Engineering Group, applicant, MJMB Properties, LLC, owner of the property located on the east side of Pleasant Avenue; 550 north of North Street, requests a variance of 10' to allow a 10' rear yard setback in lieu of 20' to construct a new multifamily building. 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