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HomeMy WebLinkAbout1987 05 21 Board of Adjustment Regular Minutes !"'" .~ BOARD OF ADJUSTMENT SPECIAL MEETING May 21, 1981 PRESENT WERE: James Greene, Chairman, Present Harry Reid, Present Leanne Grove, Vice Chairman, Present Richard Kessler, Present Al Girda, Present CITY OFFICIAL: O. LeBlanc, Land Dev. Coordinator APPROVAL OF MINUTES OF MAY 1, 1981: Kessler moved to approve the minutes of May 1, 1981. Grove. Vote: All aye. Motion carried. Seconded by Request of Ms. Barbara A. Christensen and Mr. James H. Newlon for a Special Exception to Section 44.33 (3) to reduce the side yard setback in Foxmoor East, Zoned R-1AA, from twenty (20) feet to ten (10) feet. Foxmoor East will be a Partial Replat of North Orlando Ranches Section 3, Plat Book 12, Page 34 (south side of Edgemon Avenue between Bahama Road and Sunset Drive): LeBlanc gave his presentation. He stated that the applicant is asking for a Special Exception to reduce the side yard setback from 20 ft. to 10 ft. James Newlon and Barbara Christensen was there to speak for their project. Newlon stated that the project was zoned R-1AA in 1981, and the plat was approved in April of this year. There are 34 lots in the development with approximately 11 acres; he stated that all the lots meet the City Code. The lot width is 80 ft., we are asking that the Board grant a special exception from the 20 ft. side yard setback to 10 ft. set back. He stated that with the side yard set back as it is now is discriminatory and will not allow an attractive home to be built to compliment the neighborhood. Larry Toler, Jones Company, was there to speak for the developer. He stated that the Jones Company is considering developing the lots. He showed the Board pictures of homes that the Jones Company has built in the area. Reid asked if the developers are asking for a blanket variance. Newlon stated that they are asking for a variance for all the lots. Greene asked what was the zoning and side yard setback of the property across the street from the development. Newlon stated that the property is zoned R-1A and the side yard set back is 1 1/2 ft. !"'" ,,-.., Board of Adjustment Special Meeting May 21, 1981 Page 2 There was discussion on the type of homes that would be bqilt on the lots. It was determined that this has not been determined as of yet. Green asked if there was anyone present to speak for the development. There was no one there to speak for the development. Greene read two letters from Mr. 61: Mrs Joseph Vella, and Mr. 61: Mrs. Wayne Tarkenton who could not attend the meeting, against the Special Exception. Green asked if there was anyone present to speak against the Special Exception. Mrs. Ellsworth, Carl Stevens, Russell DeFazio, Richard Garriett, Chris Williams, spoke against the request. Barbara Christensen stated that the property was already zoned R-1AA when property was purchased. She also claimed that the Staff has acknowledged that this side setback is a mistake, that it has an adverse effect on the neighborhood, she stated that she doesn't have time to wait for this to be changed and that is why she is asking for the Special Exception. Reid asked if this property has just been replatted. LeBlanc stated that it has been replatted but as of yet has not been recorded. Reid stated that this property has been zoned R-1AA, since 1981, he stated that this replat has increased the number of lots. Newlon stated that they replatted this according to the zoning. Reid stated that why did the owner not replat this property with wider lots. Newlon stated that this property was platted with the minimum setback according to the zoning, he also stated that actually they could have platted this with a few more lots. Kessler stated that the size of the homes to be built on the lots should have been taken into consideration at the time of replatting the property. The owners actually have looked at the minimum lot size to get the maximum density Reid stated that the owners are actually asking in effect for a change of zoning, a variance is for a particular house on a particular lot in mind where the building would overlap the setback, but this is to change the whole subdivision, in effect changing the zoning, this was originally created for a buffer between this property and the RC-l zoned property adjacent to this, changing the setback is in effect !"'" ~. Board of Adjustment Special Meeting May 21, 1981 Page 3 changing the zoning, this could be replatted again to change the lot width, as this is the minimum lot width and could be platted bigger to have a wider house, this property is not filed yet, the owners could replat this property again to allow wider lots for wider homes. There was discussion on this statement, LeBlanc stated that this has already been accepted by the Commission. Reid stated that the owners could combine lots, he stated that there are ways around this to still have the wider homes, as the owners do not have any particular type of houses in mind. Reid also stated that this was platted with the minimum lot width allowed and could be platted with a wider lot width. Reid made a motion to deny the request for reasons he just stated. Seconded by Kessler. Vote: Grove: aye; Kessler: aye; Girda: nay; Greene: aye; Reid: aye. Motion carried. Greene stated that the request for a Special Exception is denied and stated that the applicant is advised that if they decide to appeal any decision made at this meeting, they will need a record of the proceedings and for such purpose, they may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is to be based per Section 286.0105 Florida Statutes. There was discussion on the decision. LeBlanc stated that he could get the City Attorney's opinion on whether this request is considered a rezoning. Greene stated that legal opinion would be part of the appeal process. Greene also stated that one of the people who was a prevailing voter could ask for a re-open of this request, but would wait until the Board hears from the City Attorney. The meeting was adjourned at 8:01 P.M. Respectfully submitted, Margo Hopkins, Recording Secretary Board of Adjustment.