Board of Adjustment
Regular MeetingOcala, FL · November 21, 2022
Minutes
110 SE Watula Avenue
Ocala Ocala, FL 34471
Board of Adjustment www.ocalafl.org
Minutes
Monday, November 21, 2022 5:30 PM
1. Call To Order
Present: William R. Futch
Vice Chair James Hartley
Rusty Juergens
Dustin Magamoll
Excused: George Carrasco Jr.
a. Pledge
b. Roll Call for Determination of a Quorum
Present: William R. Futch
Vice Chair James Hartley
Rusty Juergens
Dustin Magamoll
Absent: Chairperson Joyce Johnson
Excused: George Carrasco Jr.
2. Proof of Publication
The Public Notice was posted on the City of Ocala website and advertised in the Ocala Star
Banner on October 26, 2022.
a.
Attachments: Ocala1 FO-32930275
3. Approval of Minutes
a.
Attachments: BOA minutes 6.8.22
RESULT: APPROVED
MOVER: Rusty Juergens
SECONDER: Dustin Magamoll
AYE: Futch, Vice Chair Hartley, Juergens and Magamoll
ABSENT: Chairperson Johnson
EXCUSED: Carrasco
4. Cases
a. SE22-44958
Page 1 of 3
Board of Adjustment Minutes November 21, 2022
Attachments: SE22-44958 Staff Report
Case Map
Aerial
Conceptual Site Sketch
Ms. Miller displayed maps and various photos of the property and adjacent properties
while providing staff comments and the findings of fact.
Discussion:
There were no comments by the public or the Board.
RESULT: APPROVED
MOVER: William R. Futch
SECONDER: Dustin Magamoll
AYE: Futch, Vice Chair Hartley, Juergens and Magamoll
ABSENT: Chairperson Johnson
EXCUSED: Carrasco
b.
SE22-44992
Attachments: SE22-44992 Staff Report by pzh2
Case Map
Aerial
Conceptual Site Sketch
Ms. Madraveren displayed maps and various photos of the property and adjacent
properties while providing staff comments and the findings of fact.
Discussion:
Mr. Futch asked if the conceptual plan includes the entire property. Ms. Madraveren
responded yes it does. The area highlighted in black is being considered for the special
exception, and the area highlighted yellow to the south of the property, allows
multifamily by right.
Mr. Futch questioned if the September 2020 approval differs from the new request. Ms.
Madraveren responded yes, the City added stringent conditions.
Ms. Madraveren confirmed FDOT controls curb cuts on State Road 40. Furthermore, the
site has room for two access points, and the applicant can dedicate one of the access
points for emergency use only.
Mr. Hartley requested more information regarding the expiration. Ms. Madraveren
responded the expiration is due to stagnation.
Page 2 of 3
Board of Adjustment Minutes November 21, 2022
Mr. Bob Colvard, 420 S Harvard, stated the previous special exception expired because
they were waiting on a response regarding an application submitted for a proposed tax
credit development, which was denied; however, they will be resubmitting another
application. Furthermore, an easement is needed to utilize 39th Road, which is privately
owned.
Mr. Futch suggested the applicant meet with FDOT to discuss a curb cut off State Road
40. Mr. Colvard responded he plans to meet with FDOT once the funding is approved.
The goal is to establish an access point to prevent a landlocked property.
Mr. Hartley asked if the City is required to send notifications to single-family homes
within the area. Mr. Hale responded the City will send notifications to property owners
located within a 300-foot radius.
RESULT: APPROVED
MOVER: William R. Futch
SECONDER: Rusty Juergens
AYE: Futch, Vice Chair Hartley, Juergens and Magamoll
ABSENT: Chairperson Johnson
EXCUSED: Carrasco
5. Comments
6. Next Meeting: December 19, 2022
Ms. Hitchcock confirmed the next meeting is scheduled on Monday, December 19, 2022. The
Board will review an application regarding a special exception for an existing church in the R-2
zoning District.
7. Adjournment
The meeting adjourned at 5:51 pm.
Page 3 of 3
Agenda
Ocala Board of Adjustment Agenda
Monday, November 21, 2022
Meeting Information WELCOME!
Location
We are very glad you have joined us for today’s meeting. The
Ocala City Hall Zoning Board of Adjustment (BOA) is a quasi-judicial board
110 SE Watula Avenue that meets once a month to hear and decide only such special
Second Floor - Council Chambers exceptions, variance, and appeals of the building official, as the
Ocala, Florida BOA is specifically authorized to pass upon by the terms of the
https://www.ocalafl.org/meetings
code and shall decide such questions as are involved in
determining whether special exceptions should be granted. It
Time shall grant approvals with such conditions and safeguards as are
5:30 PM appropriate under the code and shall denial when not in
harmony with the purpose, intent and requirements of the code.
Board Members:
Joyce Johnson, Chairperson GENERAL RULES OF ORDER
George Carrasco The BOA is pleased to hear all non-repetitive comments. If you
R. William Futch wish to appear before the BOA, please fill out an Appearance
James Hartley, Vice-Chairperson Request/Lobbyist Registration Form and give it to the BOA
Rusty Juergens
Dustin Magamoll Recording Secretary. When the Chairman recognizes you, state
your name and address and speak directly into the microphone.
Persons with disabilities needing assistance to participate in any
of these proceedings should contact the BOA Recording
Staff:
Secretary at (352) 629-8404 at least 48 hours in advance of the
Patricia Hitchcock, AICP
Planning Director meeting.
Aubrey Hale APPEALS
Chief Planning Official Appeals from decisions of the BOA shall be to the Marion
County Circuit Court. Any person or any board, taxpayer,
department or bureau of the City aggrieved by any decision of
the BOA may seek review by a court of record of such
decisions in the manner provided by law. Please be advised that
if any person wishes to appeal any decision made by the BOA
with respect to any material considered at the above meeting,
they will need a record of the proceedings, and that, for such
purpose, they may need to ensure a verbatim record of the
proceeding is made.
Board of Adjustment Agenda November 21, 2022
1. Call To Order
a. Pledge
b. Roll Call for Determination of a Quorum
2. Proof of Publication
a. Star Banner Ad
Attachments: Ocala1 FO-32930275
3. Approval of Minutes
a. Minutes from meeting of June 8, 2022
Attachments: BOA minutes 6.8.22
4. Cases
a. SE22-44958
Petitioner: OLA Coffee - DelBrew, LLC
Planner: Breah Miller (352(629-8242
bmiller@ocalafl.org
A request to allow a drive-in or drive-through restaurant in a B-2, Community Business
zone, for property located at 1255 East Silver Springs Boulevard, approximately 0.46
acres.
Recommended Action: Approval with conditions
Attachments: SE22-44958 Staff Report
Case Map
Aerial
Conceptual Site Sketch
Page 1 of 2
Board of Adjustment Agenda November 21, 2022
b. SE22-44992
Petitioner: Roundstone Development
Agent: Bob Colvard
Planner: Endira Madraveren (352)629-8440
emadraveren@ocalafl.org
A request to allow multi-family in a B-2A, Limited Community Business zone, for
property located in the 3900 block of East Silver Springs Boulevard, approximately 1.2
acres.
Recommended Action: Approval of SE22-44992 with conditions
Attachments: SE22-44992 Staff Report by pzh2
Case Map
Aerial
Conceptual Site Sketch
5. Comments
6. Next Meeting: December 19, 2022
7. Adjournment
Page 2 of 2
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