Board of Adjustment

110 SE Watula Avenue Ocala Ocala, FL 34471 Board of Adjustment www.ocalafl.gov Minutes Monday, February 20, 2023 5:30 PM 1. Call To Order a. Pledge b. Roll Call for Determination of a Quorum Present: Chairperson Joyce Johnson William R. Futch Vice Chair James Hartley Rusty Juergens Dustin Magamoll Absent: George Carrasco Jr. 2. Proof of Publication a. Star Banner Ad Attachments: Proof of publication The public notice was posted on the City's website and advertised in the Ocala Star Banner on January 27, 2023. 3. Approval of Minutes a. Minutes from meeting of December 19, 2022 Attachments: 12-19-22 minutes RESULT: APPROVED MOVER: William R. Futch SECONDER: Dustin Magamoll AYE: Chairperson Johnson, Futch, Vice Chair Hartley, Juergens and Magamoll ABSENT: Carrasco 4. Special Exception a. SE22-45069/DFK Investments Attachments: SE22-45069 Staff Report Concept Plan V2 1-26-23 Case Map Aerial Map Mr. Smith displayed maps and various photos of the property and adjacent properties while providing staff comments and the findings of fact. Page 1 of 4 Board of Adjustment Minutes February 20, 2023 Discussion: Mr. Barry Ginn, Infinite Engineering, 240 SW 8th Street, Suite A, Ocala, FL, stated he is speaking on behalf of the applicant. The applicant is willing to comply with the conditions set forth by the City. Furthermore, the applicant will be using crushed concrete to pave the entry and right-of-way apron. Ms. Hitchcock noted environmental reviewers will be evaluating the treatment of the driveway. The City has not received any complaints; and notices were sent to property owners within a 300-foot radius. Mr. Ginn confirmed the applicant plans on manufacturing concrete. He provided a brief overview of the concrete process and compliance with zoning regulations. The applicant is complying with the City to remedy past code violations. Ms. Hitchcock stated the applicant is working with the City to get the property in compliance with zoning. She confirmed this case is similar to Anderson Colombia. Motion to approve a request for a Special Exception to allow outdoor manufacturing in the M-3, Heavy Industrial zone. RESULT: APPROVED MOVER: William R. Futch SECONDER: James Hartley AYE: Chairperson Johnson, Futch, Vice Chair Hartley, Juergens and Magamoll ABSENT: Carrasco 5. Appeal a. APL23-45083 / Welling Appeal Attachments: APL23-45083 Staff Report appeal application Chapter_90___FLOOD_PREVENTION_AND_PROTECTION Agenda packet approving Chapter 90 in 2017 with minutes Aerial Map Case Map Discussion: Mr. Bradley R. Welling, 811 SE 21st Place, Ocala, FL, provided a brief overview of the storm water problem and City guidelines. The City previously denied his request to construct a retaining wall; and the adjacent property has numerous things that were not permitted. To note, the subject property is located in a flood plain; and the adjacent property owner previously received a permit for the pool barn, but not the concrete slab. Furthermore, the Department of Emergency Management declared the subject property and adjacent property a special flood area, which means the lots are located in a flood Page 2 of 4 Board of Adjustment Minutes February 20, 2023 plain. He read several letters/emails/regulations and submitted documents into evidence. He confirmed the certificate of occupancy (C.O.) was approved, but never enforced. He expressed concern regarding public safety due to storm water flooding. He provided a brief overview of the flood insurance prerequisites and Flood Hazard Ordinance. He requested the Board approve his appeal request. Mr. Futch cited Chapter 90-17. Mr. Clifford B. Shepard, 2300 Maitland Center Pkwy, Ste. 100, Maitland, FL., attorney, stated the Board must consider if the City Engineer & Director of Water Resources Sean Lanier’s determination is correct. Mr. Welling requested the Board appeal the City’s decision to not enforce the flood zone. Mr. Futch confirmed the appeal is regarding the City’s failure to limit construction on the adjacent property. He clarified the Board’s authority during the appeal process. Mr. Shepard reiterated the importance of the Board evaluating Mr. Lanier’s determination and the Flood Plain Management Ordinance. Mr. William Sexton, city attorney confirmed the subject property is not located in the flood plain area. He provided a brief overview of Mr. Lanier’s licensing and employment history. Mr. Lanier displayed maps and various photos to the subject property and adjacent properties while providing staff comments and the findings of fact. He provided a brief overview of the following: National Flood Insurance Program (NFIP), Community Rating System (CRS), Chapter 90 Ordinance (Flood Prevention & Protection), and flood hazard area. He confirmed the map is incompliance with FEMA; and the ordinance defines development in/outside the flood hazard area. Mr. Magamoll confirmed the Board must determine if the development is inside or outside the flood hazard area. Mr. Lanier confirmed the ordinance applies to development in the flood hazard area. Mr. Futch stated a large amount of the subject property is located in the flood hazard area. Mr. Lanier commented the applicant is requesting that the Board consider the adjacent property’s development area as a flood hazard area. Mr. Sexton stated the Board must determine whether the development is located in a flood hazard area. Mr. Juergens stated the case is considered a civil matter. Page 3 of 4 Board of Adjustment Minutes February 20, 2023 Ms. Hitchcock stated the City previously issued a permit for the pool barn and the construction of a 4-inch slab was included in the permit plans. Mr. Welling explained the difference between a flood plain and obstruction. He expressed concern regarding storm water flooding due to the french drain in the site plan, and exclusion of the X shaded flood zone area. He questioned if the City notified FEMA regarding changes to the ordinance/flood map. Leslie Robertson, 815 SE 21st Place, Ocala, FL, stated she is the adjacent property owner. She confirmed the pool barn is monitored during rainstorms, and no raised elevations exist. Also, the subject property does not have erosion damage. Motion to deny the appeal regarding the decision of the Floodplain Administrator under Chapter 90, Flood Prevention and Protection, regarding development on property located at 815 SE 21st Place. RESULT: DENIED MOVER: James Hartley SECONDER: William R. Futch AYE: Chairperson Johnson, Futch, Vice Chair Hartley, Juergens and Magamoll ABSENT: Carrasco 6. Comments None. 7. Next Meeting: Monday, March 20, 2023 8. Adjournment The meeting adjourned at 7:23 pm. Page 4 of 4