MINUTES MARION COUNTY BOARD OF ADJUSTMENT HEARING October 6, 2014 A public hearing ofthe Marion County Board of Adjustment was held on October 6,2014, beginning at 2:00 p.m. in the Marion County Growth Services Training Room, 2710 E. Silver Springs Boulevard, Ocala, Florida. The meeting was called to order at 2:00 p.m. Members present were: Chairman Michael Saxe, Dr. Wade Smith, Snow Boyd, Nathanael Ramos and Douglas Sherwood. Staff members present were: Director, Gregory Stubbs, Assistant County Attorney, Dana Taylor, Site Planner, Jon Harvey, and Staff Assistant II, Patricia Marino. Dr. Wade Smith gave an invocation which was followed by the Pledge of Allegiance. Chairman Saxe explained the procedure for the meeting. Jon Harvey read the Proof of Publication and the Affidavit of Mailing and Posting ofnotice, and advised the meeting was properly noticed. Jon Harvey requested that if anyone had questions or concerns after their case has been heard, or needed assistance with permitting to please wait until the conclusion of the hearing and he would be more than happy to assist them at that time. 1. 141001V-John Maher - Request to place an accessory structure (carport) in front yard with reduction of setback from 25' to 11' on Parcel Account no. 2008-016-013 in an R-4 (Residential Mixed Use) zone. Jon Harvey read the following from his report: "The applicant wants to place a detached carport in the front yard. The home was purchased by the applicant in 2011. In 2003 the permit was issued for the mobile home to be placed on property. There is an existing slab at the location of the proposed carport. The applicant has applied for permits to construct proposed carport, issuance pending this board's decision. This property has a mound system placed to the rear and side of existing home. The current layout of the property limits location ofcarport without changing the total scope and design characteristics ofthe property. The frontage road is a dirt road. The proposed location is heavily buffered from SW 133rd Avenue Road and is a logical place for the carport in conjunction with the existing driveway layout. Granting the variance would not be detrimental to surrounding properties as they currently are vacant." There were 34 property owners notified within 300', with 0% opposition and 0% suppot1. The applicant is here today. Mr. John Maher of 13255 SW 16~1 Street Road, Ocala, FL discussed that he would like to place a carpot1 in his front yard, and that this would be the best location due to the placement of the pump and septic system on his 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. A motion was made by Dr. Wade Smith and seconded by Snow Boyd to approve the variance. Motion passed 5 to O. Marion County Board ofadjustment - October 6, 2014 1
2. 141002V- Jeffrey Neilander - Request to reduce rear setback from 25' to 12' for addition onto existing single family residence on Parcel Account No. 4595-003-004 in an R-4 (Residential Mixed Use) zone. Jon read the following from his report: "The applicant is requesting to locate a pole barn type structure on property with a 0' setback along south side. The applicant also owns property to the south ofsubject property. It is partially contiguous, however the proposed site for the pole barn is not adjacent to the same property owner. Both of the properties are zoned R-4 with a single family residence on site, therefore cannot be combined, as R-4 only allows one SFR. Subject property appears to have alternate locations that the structure could be located and be in compliance. Staff has concerns with future drainage issues. Applicant needs to demonstrate hardship. Should the board approve this request, condition addressing drainage should be considered. " There were 12 property owners notified within 300' with 0% opposition and 0% support. The applicant is here today. Mr. Jeffrey Neilander of 14695 SE 93 rd A venue, Summerfield, FL discussed that he is requesting to reduce setback due to drainage that comes off of adjacent property that he also owns, that would affect the pole barn. If they move it to the other side of the property, it would block the well and the shed. The Board discussed the drainage issues that will affect the adjacent property owner if the pole barn is erected in the chosen location. They are very concerned that there will be a negative impact on the neighbor's property. They feel that the pole barn should be erected in a different location on the property so as not to cause drainage issues for the adjacent property owner. 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 Dr. Wade Smith to deny the request and seconded by Nathan Ramos. The applicant has not met the requirements for a variance and granting the variance would be contrary to public interest. Motion passed 5 to 0 3. 141003V- David W. Lampman - Request to allow detached accessory carport to extend 15' into the front yard on Parcel Account No. 11301-009-07 in an R-4 (Residential Mixed Use) zone. Jon Harvey read the following from his report: "Applicant requests to place detached carport on the side of existing mobile home. The placement will extend 15' in front of the mobile home, but will be more than 25' from front property line. Based on power pole location and drain field locations, the property is limited to accessory use development. This does not appear to cause any hardship on adjacent properties. If this would have been attached by common roof as an addition, this would be permissible. The applicant will be maintaining 25' from National Forest Land. Staff does not suspect any issues will derive from this request." There were 22 property owners notified within 300', with 0% opposition and 0% support. The applicant is here today. Marion County Board ofadjustment - October 6, 2014 2
Mr. David Lampman NE 20yd Avenue Rd, Ft. McCoy, needs the requested 15' in order to comply with the requirements ofthe Building department to a detached carport adjacent to his existing mobile A brief discussion whether or not the be anuvllvu to the mobile home or placed in a different location. It was determined that there was no other alternative for the placement of the uv"avi.ivu PUBLIC COMMENT There was no one in the audience to speak for or against the request and of the hearing. chair closed the public portion A motion was made by Nathan and seconded by Doug Sherwood to approve variance. Motion passed 5 to O. 4. 141004V - Carl B. Li""""""" to allow accessory in yard with reduced front setback side setback from 8' to 1.5' on Account 04380-001 00 in an R-4 read the home is located on is not an lake, therefore currently, accessory structures are required to be to the rear or the family residence. The lake is as rear property, however proposed in near future will the owner of lake front parcels to the lake as frontage. Placing accessory structures towards the lake may cause conflict of visibility lake from owner and/or adjacent property owners. There have multiple approved variance in the area similar requests. This would be and would not cause any hardship on surrounding Placement on the south side would prohibit access to the lake from the owner, as that is a boat ramp access route. were 14 property owners na!',h,'ri within 300' of the subject property with 0% and 0% opposition. The applicant is present and she concurs with the ramp and the view of the lake. Mrs. Zalak In to was a brief UI':>,,",""'" on the lake side would block that they had no problems with COMMENT was no one in the audience to speak for or against request and the chair closed the public portion Motion was made by Nathan Ramos to approve the by Snow Boyd. The applicant has met requirements for a variance and granting the variance would not be contrary to public interest. Motion 5 to 0
5. 141005V- Wesley Dubose- Request to reduce side setback from 8' to l' for placement of a carport, and reduce side setback from 8' to 5.5', and rear setback from 8' to 5.5' for existing shed on Parcel Account No. 11554-01-08 in an R-l (Single Family Dwelling) zone. Jon Harvey read the following from his report: "Applicant is requesting to place a carport on the side of the home to store his boat. The home was permitted and built in 2005 by the previous owner. The placement on the north side may conflict with location ofthe well and/or septic. The existing shed is buffered with existing privacy fence. No calls or complaints from surrounding neighbors have occurred as ofthe present date. This is in a subdivision that was created prior to 1992, and currently has dirt road access." There were 24 property owners within 300' notified. Although, we did receive a letter from a property owner voicing a concern, it stated that they weren't actually opposed to the variance request, unless we received opposition letters from the adjacent property owners, which we did not receive. The applicant is here today. Wesley Dubose, 12346 NE 239 th Court discussed that he purchased the home earlier this year, and would like to add a carport to house his boat and possibly his truck. He stated that if he placed the carport anywhere else, it would affect his drain field, and also prevent access to his well. He would like to purchase the adjacent property so that he wouldn't have to be so close to the property line. The Board asked if Mr. Dubose was planning to address water runoff. M r. Dubose stated that he planned to add gutters to the existing home and the proposed carport. PUBLIC COMMENT Motion was made by Dr. Wade Smith to approve with the condition that the owner demonstrates that storm water runoff remains on the subject property, and seconded by Snow Boyd. The applicant has met the requirements for a variance and granting the variance would not be contrary to public interest. Motion passed 5 to O. 6. 141006V- Rupnarain Properties, LLC - Request to reduce off-site sign separation distance requirement from residentially zoned property from 300' to 1 05'on Parcel Account No. 9038-0000 02 in a B-2 (Community Business) zone. Jon Harvey read the following from his report: "Applicant is seeking to develop the existing platted subdivision, Unit 38 of Silver Springs Shores. The sign will be displaying the sale of homes for the immediate area. Location of sign provides ample exposure, as well as, direction to development sites. Provided the sign meets all building and site requirements, this would not be detrimental to the surrounding area. There were 38 property owners notified within 300' of the subject property with 0% support and 0% opposition. The applicant is present today. Jimmy Gooding, Attorney, of 1531 SE 36 th Avenue, Ocala, FI discussed that his client is developing residential property in a little known area of Silver Springs Shores that is South of Ocklawaha. His client owns approximately t;.; of the approximate 6,000 lots. They are marketing the subdivision as an alternative to The Villages for retirees. The homes are in the $250,000 to $500,000 range. Marion County Board ofadjustment - October 6, 2014 4
Access to the subdivision is extremely limited. His client needs to erect the sign to identify the property, as no sign had been put up previously due to the separation requirement ofthe County code. It will just be used to direct folks to the subdivision and the sales office. The text on the sign would read "Lake Weir Preserve". Neil Schuster, agent and managing member of SBI Group, LLC, P.O. Box 195, Ocklawaha discussed that they are essentially marketing the subdivision to retirees relocating from the north. The homes are built as custom projects. They currently have a visiting office and on-site sales center on the property, and have advertised extensively on a national basis. The sign would assist them in their marketing endeavor and in identifying the property. They would like to have the option of leaving the sign up after the sales are over and they do have the approval of the owner. Motion was made by Snow Boyd to approve the variance and seconded by Nathan Ramos, the motion was then amended to include the condition that the sign will only be used to advertise the development of the subdivision, and the amended motion was seconded by Nathan Ramos. Motion passed 5 to O. OTHER BUSINESS Jon Harvey discussed that beginning with the month of December, we will begin requiring citizens to justify statements regarding their hardship on their application. MINUTES: Motion was made by Dr. Wade Smith and seconded by Snow Boyd to approve the minutes ofthe September 8,2014 meeting Motion passed 5 to 0 ADJOURNED: The meeting adjourned at 3:00 pm Attest: Patricia Marino, Staff Assistant II Marion County Board of Adjustment - October 6,2014 5
VARIANCE ACTtON FORM ttefiii NO: 14 i 001 V DATE OF u e Lle HEARING October 6, 2014 APPLICANT NAME : Owner John C. & John T. Maher 13255 SW 6 1h Street Rd Ocala, FL 34481 LEGAL DESCRIPTION OF PROPERTY: Parcel Account No. 2008-016-013, Lots 13, 14, 15, 16. Block 16, Unit 8, Plat Book K, Page 025, Rainbow Park, Marion County, Florida. VAR!ANCE REQUESTED: Request to place an accessory structure (carport) in front yard with reduction of setback from 25' to 11 ' in an R-4 (Residential Mixed Use) zone. ******************** *************************** ***************************** ********************* 1. Written Petition. A written petition for a Variance has been submitted demonstrating that: A 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 with the same zoning classification and land use area. B. The special conditions and circumstances do not result from the actions of the applicant. C. Literal interpretation of the provisions of applicable regulations would deprive the applicant of rights commonly enjoyed by other properties with the same zoning classification and land use area under the terms of said regulations and would work unnecessary and undue hardship of the applicant D. The Variance, if granted, is the minimum Variance that will allow the reasonable use of the land, building or structure. E. Granting the Variance requested will not confer on the applicant any special privilege that is denied by these regulations to other lands, buildings of structures in the same zoning classification and land use area. F. The granting of the Variance will not be injurious to the neighborhood or otherwise detrimental to the public welfare. 2. ~_ GRANTED: Based on the Board of Adjustment's finding that the requirements of Paragraph 1 above have been demonstrated by the applicant for Variance. 3. DENIED : Based on the Board of Adjustment's finding that the requirements of Paragraph 1 above have not been demonstrated by the applicant for Variance. 4. CONDITIONS & SAFEGUARDS: A. Should the structure be removed for any reason, any replacement structure must me the then required setbacks or a variance must be requested. B. CHAIR~
VARIANCE ACTION FORM ITEM NO: 141002V DATE OF PUBLIC HEARING October 6,2014 APPLICANT NAME: Owner: Jeffrey Neilander 14695 SE 93 rd Avenue Summerfield, FL 34491 LEGAL DESCRIPTION OF PROPERTY: Parcel Account No. 4595-003-004, Lot 4, Block C, BelWeir Acres, Plat Book G, Page 068, Section 15 Township 17 Range 23, Marion County, Florida VARIANCE REQUESTED: Request to reduce side setback from 8' to 0' or a proposed pole barn/storage building in an R-4 (Residential Mixed Use) zone. ************************************************************************************************* 1. Written Petition. A written petition for a Variance has been submitted demonstrating that: A. 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 with the same zoning classification and land use area. B. The specia l conditions and circumstances do not result from the actions of the applicant. C Literal interpretation of the provisions of applicable regulations would deprive the applicant of rights commonly enjoyed by other properties with the same zoning classification and land use area under the terms of said regulations and would work unnecessary and undue hardship of the applicant. D. The Variance, if granted, is the minimum Variance that will allow the reasonable use of the land, building or structure. E. Granting the Variance requested will not confer on the applicant any special privilege that is denied by these regulations to other lands, buildings of structures in the same zoning classification and land use area. F. The granting of the Variance will not be injurious to the neighborhood or otherwise detrimental to the public welfare. 2. GRANTED: Based on the Board of Adjustment's finding that the requirements of Paragraph 1 above have been demonstrated by the applicant for Variance. 3. /' DENIED: Based on the Board of Adjustment's finding that the requirements of Paragraph 1 above have not been demonstrated by the applicant for Variance. 4. CONDITIONS & SAFEGUARDS: A. Should the structure be removed for any reason, any replacement structure must me the then required setbacks or a variance must be requested. B. DATE i
VARIANCE ACTION FORM ITEM NO: 141 003V DATE OF PUBLIC HEARING October 6, 2014 Applicant Name: Owner: David W. Lampman 14394 NE 203 rd Avenue Rd Ft. McCoy, FL 32134 LEGAL DESCRIPTION OF PROPERTY: Parcel Account No. 11301-009-07, Sec 17 Twp 13 Rge 25 Plat Book UNR Page 054 Forest Hills Campsites, Marion County, Florida VARIANCE REQUESTED Request to allow detached accessory carport to extend 15' into the front yard in an R-4 (Residential Mixed Use) zone. ************************************************************************************************* 1. Written Petition. A written petition for a Variance has been submitted demonstrating that: A. 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 with the same zoning classification and land use area. B. The special conditions and circumstances do not result from the actions of the applicant. C. literal interpretation of the provisions of applicable regulations would deprive the applicant of rights commonly enjoyed by other properties with the same zoning classification and land use area under the terms of said regulations and would work unnecessary and undue hardship of the applicant. D. The Variance, if granted, is the minimum Variance that will allow the reasonable use of the land, building or structure. E. Granting the Variance requested will not confer on the applicant any special privilege that is denied by these regulations to other lands, buildings of structures in the same zoning classification and land use area. F. The granting of the Variance will not be injurious to the neighborhood or otherwise detrimental to the public welfare. I~ 2. GRANTED: Based on the Board of Adjustment's finding that the requirements of Paragraph 1 above have been demonstrated by the applicant for Variance. 3. DENIED: Based on the Board of Adjustment's finding that the requirements of Paragraph 1 above have not been demonstrated by the applicant for Variance. 4. cor\jditions & SAFEGUARDS: A. Should the structure be removed for any reason, any replacement structure must me the then required setbacks or a variance must be requested. B. CHAIRMAN DATE / I
VARIANCE ACTION FORM ITEM NO: 141004V DATE OF PUBLIC HEARING October 6, 14 Applicant: Owner: Zalak, III. Agent: Ann I. 1 NE 108 th Avenue 22641 1 08 th Avenue Rd Ft. McCoy, FL 134 Ft McCoy, FL 134 RIPTION OF PROPERTY: Parcel Account No, 04380-001 A portion the NW corner of of the SW 'X of the 'X Section 3, Township 12 South, Range as recorded in Official Book 05540, Page 1530-1533 the Public Records of Marion County, VARIANCE to allow structure/shed to be placed in the front yard with a setback from 8' to 1,5' in an R-4 (Residential Mixed Use) zone, ************************************************************************************************* 1 "'-'-'-="-'-'--=-::.:='-'-' A written petition for a Variance has been submitted demonstrating that: A Special conditions and circumstances which are peculiar to the land, or building involved which are not applicable to other structures or buildings with the same zoning classification and land use area, B, conditions circumstances do not from the the applicant. Literal interpretation of the provisions of applicable regulations would deprive the applicant of rights commonly by with same classification and land use area under the terms said regulations and would work unnecessary undue hardship of the applicant The Variance, if granted, is the minimum Variance that will allow the land, building or structure, use of the Granting the Variance requested will not confer on the applicant any privitege that is denied by regulations to other lands, buildings structures in the same zoning classification and land use area, F, of the Variance will not injurious to neighborhood or otherwise detrimental to the public welfare, 2 / GRANTE Based on the Board of Adjustment's finding that the requirements Paragraph 1 above have demonstrated by the applicant for Variance, DENI on the Board of Adjustment's finding that the requirements of Paragraph 1 above have not demonstrated by the applicant for Variance, CONDITIOI\lS & A Should removed for any reason, any replacement structure me required or a must B
VARIANC E ACTION FORM ITEM NO: 141005V DATE OF PU BLIC HEARING October 6,2014 Applicant: Owner: Wesley Dubose 12346 NE 239 th Ct Salt Springs FL 32134 LEGAL DESCRIPTION OF PROPERTY: Parcel Account No. 11554-010-08, Lot 8, Block X, of Michigan City, according to the Plat thereof as recorded in Plat Book A, Page 85 of the Public Records of Marion County, Florida. VARIANCE REQUESTED: Request to reduce side setback from 8' to l ' for placement of a carport, and reduce side setback from 8' to 5.5 ' and rear setback from 8' to 5.5' for existing shed in an R-1 (Single Family Residential) zone. ****** ***************************************************************** ******************* ******* 1. Written Petition. A written petition for a Variance has been submitted demonstrating that: A. 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 with the same zoning classification and land use area. B. The special conditions and circumstances do not result from the actions of the applicant. C. Literal interpretation of the provisions of applicable regulations would deprive the applicant of rights commonly enjoyed by other properties with the same zoning classification and land use area under the terms of said regulations and would work unnecessary and undue hardship of the applicant. D. The Variance, if granted, is the minimum Variance that will allow the reasonable use of the land, building or structure. E. Granting the Variance requested will not confer on the applicant any special privilege that is denied by these regulations to other lands, buildings of structures in the same zoning classification and land use area. F. The granting of the Variance will not be injurious to the neighborhood or otherwise detrimental to the public welfare. V 2. GRANTED: Based on the Board of Adjustment's finding that the requirements of Paragraph 1 above have been demonstrated by the applicant for Variance. 3. DENIED: Based on the Board of Adjustment's finding that the requirements of Paragraph 1 above have not been demonstrated by the applicant for Variance. 4. CONDITIONS & SAFEGUARDS: A. Should the structure be removed for any reason, any replacement structure must me the then required setbacks or a variance must be requested. '-V.~ 1 1 c.j e1mc1 (l S i('~ k S -fa (' yv1 w v.h r el (\ ~ (Q fn'i". CHAIRMAN /o/re/lt( DATE
VARIANCE ACTION FORM ITEM NO: 141006V OF PUBLIC HEARING October 6,2014 APPLICANT NAME: Owner: Ocklawaha, Agent: Group, LLC O. Box 195 Ocklawaha, 183 PROPERTY: Account No. 9038-0000-02, Section 04 Twp 17 Rge 24, 345, Silver Springs Shores, Unit Tract VARIANCE REQU off-site requirement (Community Business) zone. ************************************************************************************************* 1. A A written petition for a Variance submitted demonstrating that: Special conditions and circumstances exist which are peculiar to the land, structure or building involved which are not to lands, structures or buildings with the same zoning '~I,.....,..,n and land use area. The conditions do not result from actions of the applicant C. interpretation applicable regulations would deprive the applicant of rights commonly with the same classification land use area under the terms of regulations and would work unnecessary and undue hardship of the applicant D. The Variance, if granted, is minimum Variance will allow the reasonable use of the land, building or structure. E. Granting the Variance reql,lested not confer on the applicant denied by these regulations to other lands, buildings of structures in land use area. privilege that is F. The granting of the will not be injurious to the neighborhood or otherwise to the public welfare. 2. G on the Board of Adjustment's finding that the requirements of Paragraph 1 above have by applicant for Variance. 3. DENI Adjustment's finding the of demonstrated by the applicant for Variance. CONDITIONS & A. Should the structure be any reason, rpust me the then required setbacks or a variance must