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- FLORIDA LAND COMPANY ��
A SUBSIDIARY OF FLORIDA GAS COMPANY I POST OFFICE BOX 44 / WINTER PARK. FLORIDA 32789 / PHONE (305) 6442210
May 22, 1972
Hon. Mayor & Village Council
Village of North Orlando
1 North Fairfax
North Orlando, Florida
Re: NORTH ORLANDO TERRACE
SECTIONS THREE, FOUR, FIVE & SIX
PLAT APPROVALS
Gentlemen:
Please refer to our application for plat approval of North Orlando Ter-
race, Sections Three, Four, Five and Six. It is our understanding that
the approval and recording of these plats has been delayed because there
is a question as to whether the subject plats, as surveyed and calculated,
meet the requirements of the Village zoning ordinances.
We contend that the subject plat drawings, as submitted to the Village
Council, do conform to the zoning regulations, based on the following:
1. Ordinance #44 was passed and adopted on the 8th day of Jan-
uary, 1968, and later amended by Ordinance #48, which was
passed and adopted on the fifth day of May, 1969. The pri-
mary changes covered by Ordinance #48 were to revise the
minimum lot area in R-1 classification to 6,000 sq. ft. and
the lot depth to 100 ft. The lot width specified in Ordinance
#48 is the same as that in Ordinance #44 (60 ft.); therefore,
the lot width was unchanged by Ordinance 048.
2. In Section 44.41, the minimum lot width for R-1 zoning is
stipulated to be 60 ft. , but does not designate where the
60 ft. is to be measured; however, Section 44.32 of Ordinance
r °' #44, which describes the minimum lot width for R-1AA and R-1A
U1, zoning T ecifically indicates a minimum width of 80 ft. and
94472 75 ft. , respectively, at the building line.
3. In Section 44.24 of Ordinance #44, definition #39 gives the
definition of lot width as: "the mean horizontal distance be-
tween the side lot lines, measured at right angles to the y depth". This definition indicates that the lot width is to
4 // 47 be taken at the middle of any lot or is the average of the
front and rear lot lines. Even though this definition is in-
consistent with the wording used later in the Ordinance where
To: Hon. Mayor & Village Council -2- May 22, 1972
indication is made that the lot width is to be measured at
the building line, the definition clearly indicates that the
Council of 1968 did not intend for the minimum lot width to
be measured at the front or the rear property lines.
In view of the foregoing, it appears that the words "measured at the build-
ing line" were inadvertently omitted from Section 44.41, where the lot width
for R-1 zoning is described. This being the case, we feel that sufficient
latitude and justification exists for the Council to interpret the minimum
lot width for R-1 zoning to be the same as that described for R-1A and
R-1AA zoning. It appears that previous Councils have made this inter-
pretation, since approximately twenty (20) lots in North Orlando Townsites,
Fourth Addition, (Plat Book 14, Page 6) have front or rear property lines
that are less than 60 ft.
When Florida Land Company applied for its R-1 zoning in The Terrace, it
was concluded that the Council was not satisfied with its amended Ordinance
#48, allowing a lot area of 6,000 sq. ft. and a depth of 100 ft. ; therefore,
Florida Land Company has prepared all of the plats for North Orlando Ter-
race so that the building site area and demensions meet the requirements
of Ordinance 1144 instead of the amended and more liberal Ordinance #48.
Consequently, Florida Land Company does hereby certify that each residen-
tial lot in Sections Three, Four, Five and Six containsno less than 6,600
sq. ft. and that the depth is no less than 110 ft. and that the width is
no less than 60 ft. measured at the building line.
Again, we wish to restate that we feel that the Council has sufficient
justification to interpret the minimum lot width to be measured at the
building line, and that sufficient precedence has been set in the previous
recordings of R-1 subdivisions. We, therefore, request the approval of
North Orlando Terrace, Sections Three, Four, Five and Six based on this
precedence and the obvious intent of Ordinance #44.
At the regular meeting of February 21, 1972, the Council voted to amend
Ordinance #44 so that the minimum lot width would be measured at the build-
ing line. We do hereby petition the Council to enact the motion of Feb-
ruary 21 and amend Ordinance #44 so that the future projects in the Vil-
lage of North Orlando will not be unduly delayed.
ery truly yours,
�LORIDA L .OD OMPANY
J.J. Nolan lan Reed d
Director of Development
JNR/mh
cc: Robert N. Dosh
Thomas G. Freeman, Village Attorney
John W. Hall