A. Call to Order and Roll Call B. Invocation and Pledge of Allegiance A G E N D A BOARD OF ADJUSTMENT PUBLIC HEARING January 6, 2014 2:00 PM GROWTH MANAGEMENT TRAINING FACILITY 2710 E. SILVER SPRINGS BLVD. OCALA, FL 34470 THIS MEETING IS OPEN TO THE PUBLIC C. Explanation of Procedure for Hearing Variance Requests D. Acknowledgment of Proof of Publication, Mailing and Posting of Notice E. Consider the following Variance Requests 1. 140101V - Joseph Q. Cael, Reduce side setback from 8' to 0' on the south side for placement of a new carport 2. 140102V - Sheryl Gore - Maxine Webster c/o Marti Winfield,Jakthan Properties, LLC, Reduce side setback from 8' to 4' and rear setback from 8' to 6' for existing storage shed 3. 140103V - Mike Stanley- Barracuda Boat & RV Storage Ocala, LLC, Reduce side setback from 25' to 5' for proposed triangular Shade Sail Canopy F. Other Business G. Consider Minutes of previous meeting H. Adjourn
Marion County Board of Adjustment Date: 11/26/2013 BOA Hearing: 1/6/2014 Item Number 140101V Type of Application Variance Request To reduce side setback from 8 to 0 on the south side for placement of a new carport. Applicant Joseph Q. Cael Owner Same as applicant Parcel #/Acreage 39430-17-007/.34± Existing Zoning R-4 Residential Mixed Use Existing Land Use Rural Land Project Planner Jon Harvey, Site Planner Item Summary Approval to reduce side setback from 8 to 0 on the south side for placement of a new carport., as requested in accordance with the Marion County Land Development Code, Article 2, Division 9 "Variance", in a R-4 Residential Mixed Use Zoning District. Location/Access The property is located at SE 158 th Court, a paved County maintained road. Land Development Code Requirements Article 4.2.2. (G) Side and rear setbacks for accessory structures is 8. Recommendation: The applicant is requesting to place a 34 x 26 carport over an existing approved slab. In November of 2013 the applicant was issued a permit for a concrete slab only. A minimum 8 side setback is required for all structures; however they may apply for a variance. The applicant would be responsible to prove the hardship. Based on location of septic and other structures on the property the proposed carport is limited to where it can be placed. Placement in the front yard would require an additional variance application for consideration. After a visual view of the subdivision there appears to be several lots that have structures directly on the lot line. These 1
Additional Information do not appear to affect the surrounding properties as they are all existing. After conferring with the Fire Marshal, they would not object to the granting of this variance since there is alternate ways to respond in the event of an emergency. Springs Protection Zone: Secondary Zone Environmentally Sensitive Overlay Zone: No Farmland Preservation Area: No Flood Zone Designation: X Utilities: Water: Private Sewer: Septic Direction of Adjacency North South East West ADJACENT PROPERTIES Future Land Zoning Use Designation Rural Land R-4 Residential Mixed Use Rural Land Rural Land Rural Land R-4 Residential Mixed Use R-4 Residential Mixed Use R-4 Residential Mixed Use Photographs Existing Use/MCPA Property Class (02) Improved Mobile Home (02) Improved Mobile Home (00) Vacant Residential (01) Improved Residential Previous Request in the Surrounding Area: Reference table attached Code Enforcement Action: NONE Location of side property line View from rear of property Existing storage on property Proposed area of carport. 2
Photographs Continued Side property line MH to the south Previous Request in the Surrounding Area Application Request Result 081003V Reduce side setback to 7.3 for Approved existing residence. 130505V Reduce side setback from 8 to 5 for Approved addition of SFR. 990501V Shed in front yard Approved 940901V SFR 8 from rear Approved 030202V Reduce front setback to 19 11 Approved 3
MINUTES MARION COUNTY BOARD OF ADJUSTMENT December 2, 2013 A public hearing of the Marion County Board of Adjustment was held on December 2, 2013, beginning at 2:00 pm in the Marion County Growth Management Training Facility, 2710 E. Silver Springs Boulevard, Ocala, Florida. The Chairman Michael Saxe called the meeting to order at 2:00 pm. Members present were: Chairman Michael Saxe, David Rubin, Wade Smith, Nathanael Ramos, Brian Boyd, Joseph Alfonso and Peter Clark. Staff members present were: Senior Assistant County Attorney Dana Taylor, Site Planner Jon Harvey, Administrative Staff Assistant Stephanie Soucey, and Staff Assistant II Patricia Marino. The hearing began with a moment of silence honoring Mr. Stephen Hunter, former Board Member, who recently passed away, which was followed by the Invocation and the Pledge of Allegiance. Chairman Michael Saxe explained the procedure for the meeting and Jon Harvey read the Proof of Publication and the Affidavit of Mailing and Posting of Notice, and advised the meeting was properly noticed. 1. 131201V - Harold and Priscilla Hayes, 14940 NE 24 th Court, Ocala, FL 32134. Request to increase the height limitation to 24 from 20 for an existing six sided silo style storage building on parcel account no. 11140-026-00 in an R-1 (Single Family Dwelling) zoning classification. Jon Harvey stated that 23 property owners were notified within 300 feet, with no written opposition. He further stated that Mr. Hayes was kind enough to provide us with a petition of support from 20 of the 23 property owners that are located within 300 feet of the property, and that the owner/applicant is present today. Mr. Harold Hayes, the owner/applicant of 14940 NE 24 th Court, Ocala, FL 32134 discussed that he had the barn built by Martin Barns, a very reputable and well known builder, and that they were under the impression that if the silo were less than 100, a permit would not be required. He further stated that upon receiving a letter from the Code Enforcement Department regarding the need for a building permit, he immediately began the process to obtain a permit. In addition to the petition of support provided by the 20 owners within 300 feet of the property, Mr. Hayes obtained a separate petition of support from 19 additional property owners in the immediate neighborhood. Mr. Hayes mentioned that his neighbors were very pleased with the look of the silo and that it is considered to be an asset to the property values in the surrounding area. The hardship would be to have to take down the structure if the variance were not approved. Jon Harvey discussed that Mr. Hayes has an open code case from January 2013, and that Mr. Hayes has been very diligent in his attempt to obtain a permit, which is how he discovered the height limitation, and why he is here today requesting the height variance. PUBLIC COMMENT There was no one in the audience to speak for or against the request and the chair closed the public portion of the hearing. Motion was made by Mr. Alfonso and was seconded by Mr. Boyd to approve the request. The applicant has met the requirements for a variance and granting the variance would not be contrary to public interest. Motion passed 7 to 0 Marion County Board of Adjustment December 2, 2013 Page 1
2. 131203V Richard and Patricia Schmidt, 8639 SW 63 rd Court, Ocala, FL 34476. Request to reduce front setback from 25 to 19 for extension of an existing carport in an R-4 (Residential Mixed Use) zoning classification. Jon Harvey announced that the applicant has received approval from the local HOA, pending approval from the County, which is why the applicant has applied for this variance. Jon further stated that 29 property owners were notified with no written opposition within 300 feet and that the owner/applicant is here today. Ms. Patricia Schmidt, owner/applicant, 8639 SW 63 rd Court, Ocala, FL 34476 stated that their car is too long to be fully covered in the existing carport, and that the sun is ruining the paint job of the car. They plan to extend an additional five feet from the existing carport, and they aren t planning to cover any additional areas. Ms. Schmidt also mentioned that they had already received approval from Marion Landing. PUBLIC COMMENT There was no one in the audience to speak for or against the request and the chair closed the public portion of the hearing. Motion was made by Mr. Boyd and seconded by Mr. Rubin to approve the request. The applicant has met the requirements for a variance and granting the variance would not be contrary to public interest. Motion Passed 7 to 0 3. 131204V George and Cynthia Halstead, 23455 NE 160 th Avenue Rd. Request for a variance to place an accessory structure, 12 x 20 shed, in the front yard in an R-4 (Residential Mixed Use) zoning classification. Jon Harvey stated that based on site visit, proposed location of shed would not be adjacent to any neighbors. This is a rural community and location of shed will not adversely affect surrounding properties. The existing vegetation creates an excellent opaque buffer from the side and front street of the property, and a provision for vegetation to remain is recommended for approval of this variance. Jon further stated that 26 property owners were notified within 300 feet, with one letter of opposition from Ms. Cynthia Durbin, with no reason stated for the opposition. The owner/applicant is here today. Mr. George Halstead, owner/applicant of 291 SW 6 th Court, SW, Vero Beach, FL 32962 stated that he is retiring in May and plans to move to the subject property. He applied for a building permit and discovered that it would require a variance in order to place the structure in the front yard of the property. He further stated that due to the existing septic and drain field, there was no other suitable location for the shed, and that he needs the shed for storage, as the mobile home on the property has inadequate storage for his family. He further stated that there aren t any neighbors in the area and that he plans to purchase the adjacent lots in the near future. A discussion ensued regarding Ms. Durbin s objection and whether or not she had been contacted. Mr. Harvey stated that he had attempted several times to contact Ms. Durbin to no avail. Also discussed was the location of Ms. Durbin s property in relation to subject property. PUBLIC COMMENT Marion County Board of Adjustment December 2, 2013 Page 2
There was no one in the audience to speak for or against the request and the chair closed the public portion of the hearing. Motion was made by Mr. Rubin and seconded by Mr. Ramos to approve the request, with the condition that existing vegetation on the side street and front street remain in place to provide buffer. The applicant has met the requirements for a variance and granting the variance would not be contrary to public interest. Motion Passed 7 to 0 4. 131205V John J. Kennedy and Liliana Kennedy, 1 Cedar Trace Pass, Ocala, FL 34472. Request to reduce front setback from 25 to 7.5 for extension of carport to an existing garage in an R-1 (Single Family Dwelling) zoning classification. The subject property is a corner lot and driveway requirements prohibit alternate location of driveway on contiguous streets. Maximum of six sites on cul-de-sac would be affected by this variance, if any effect at all. Jon further stated that 16 property owners were notified with no written opposition within 300 feet and that the owner/applicant is here today. Mr. John Kennedy, owner/applicant of 1 Cedar Trace Pass, Ocala, FL 34472 stated that their existing garage is too small to fit current cars, and they intend to extend the carport to match the existing carport and garage in order to accommodate their vehicles. The property has a 7.5 easement around all four sides of the property for utilities. His request for variance will not encroach upon the easement. There is no HOA for the subject property. PUBLIC COMMENT There was no one in the audience to speak for or against the request and the chair closed the public portion of the hearing. Motion was made by Mr. Ramos and seconded by Mr. Boyd to approve the request. The applicant has met the requirements for a variance and granting the variance would not be contrary to public interest. Motion Passed 7 to 0 5. 131206V J. O. and Pamela S. Townley, 10301 SE 110th Street Rd, Belleview, FL 34420. Request to reduce front setback from 25 to 10 for development of buildings along the east property line of two parcels in an M-2 (Heavy Industrial) zoning classification. Jon Harvey announced that site is proposed to be an expansion of existing manufacturing operation. The proposed buildings will be adjacent to the existing manufacturing plant. In fact, the business will share the same common property line. Different ownership of land prohibits combination of property, but proposed building will be functioning under same operation as adjacent manufacturing plant. An approved major site plan will be required prior to development commencing. Jon further stated that 12 property owners were notified with no written opposition within 300 feet and that the applicant representing the owner is here today. Mr. Doug Iannarelli, Moorhead Engineering, applicant - 305 SE 1 st Avenue, Ocala, FL 34471 stated that he has been working with the Townley family for over thirty years. The subject property was purchased by the owner, J.O. and his wife Pamela and is all part of the Townley Manufacturing facility. The reduction in setback is to provide better utilization of the property. All of the property cannot be joined under existing parcel numbers due to different existing ownerships within the Townley family. It is expected that the two parcels included in this variance request, 37665-001-00 and 3765-000-00 will be combined in the near future. Marion County Board of Adjustment December 2, 2013 Page 3
PUBLIC COMMENT There was no one in the audience to speak for or against the request and the chair closed the public portion of the hearing. Motion was made by Mr. Rubin and seconded by Mr. Boyd to approve the request. The applicant has met the requirements for a variance and granting the variance would not be contrary to public interest. Motion Passed 7 to 0 OTHER BUSINESS Mr. Peter Clark, alternate is in attendance today, and Mr. Nathan Ramos has become a permanent full time member of the Board. Due to the untimely passing of Mr. Stephen Hunter, there is an opening for a full time board member that will be advertised to the citizens of Marion County and will be considered by the Board of County Commissioners. MINUTES: The November 4, 2013 Board of Adjustment Minutes were approved upon a motion by Mr. Boyd and seconded by Mr. Alfonso. Motion passed 7 to 0. ADJOURNED: The meeting adjourned at 2:50 pm. Attest: Mr. Saxe, Chairman Patricia Marino Staff Assistant II Marion County Board of Adjustment December 2, 2013 Page 4