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Board of Adjustment

Regular Meeting

Ocala, FL · July 17, 2023

AgendaMinutes

Minutes

110 SE Watula Avenue Ocala Ocala, FL 34471 Board of Adjustment www.ocalafl.gov Minutes Monday, July 17, 2023 5:30 PM 1. Call To Order a. Pledge b. Roll Call for Determination of a Quorum Present: George Carrasco Jr. Vice Chair James Hartley Rusty Juergens Dustin Magamoll Excused: Chairperson Joyce Johnson William R. Futch 2. Proof of Publication The public notice was posted on the City's website and advertised in the Ocala Star Banner on June 21, 2023. Star Banner Ad Attachments: PROOF-36343718.pdf 3. Approval of Minutes There being no further discussion the motion carried by roll call vote. RESULT: APPROVED MOVER: Rusty Juergens SECONDER: Dustin Magamoll AYE: Carrasco, Vice Chair Hartley, Juergens and Magamoll EXCUSED: Chairperson Johnson and Futch BOA Minutes - Minutes from May 15, 2023, meeting Attachments: 5-15-23 minutes.3.pdf 4. Special Exception a. SE23-45183 / Shelijen, LLC Attachments: Staff Report Case Map Aerial Ms. Govindaraju displayed maps and various photos of the property and adjacent properties while providing staff comments and the findings of fact to request to increase maximum height in the B-2, Community Business Zoning District, from fifty (50) feet to Page 1 of 3 Board of Adjustment Minutes July 17, 2023 sixty (60) feet. Discussion: Ms. Govindaraju confirmed the applicant is proposing a flat roof, which is considered the top of the drainage surface. The applicant is requesting to increase the maximum height from fifty (50) feet to sixty (60) feet. Mr. Jon Harvey, Tillman & Associates, 1720 SE 16th Avenue, Building 100, Ocala, FL, stated he agreed with the staff’s recommendation, and the structure will be placed within 100-feet of the property line to avoid invasion of privacy issues. He said the applicant is building a quality development in the community. Motion to approve a request to increase maximum height in the B-2, Community Business Zoning District, from fifty (50) feet to sixty (60) feet to the top of the roof surface, for property (Parcel# 21509-001-02) located north of the access road included in the shops at Foxwood RePlat and the properties addressed at 4579 to 4631 NW Blitchton Road; approximately 6.10 acres. RESULT: APPROVED MOVER: George Carrasco, Jr. SECONDER: Dustin Magamoll AYE: Carrasco, Vice Chair Hartley, Juergens and Magamoll EXCUSED: Chairperson Johnson and Futch b. SE23-45207 / G & G Holding and Trust LLC Attachments: SE23-45207 Staff Report CaseMap Aerial Supplemental Ms. Madraveren displayed maps and various photos of the property and adjacent properties while providing staff comments and the findings of fact to request to allow a Day Care Facility use in R-2, two-family residential. Discussion: Ms. Madraveren confirmed a site plan is not required, as the request is only for interior renovations. The City requested the applicant update the landscape to comply with zoning, and the proposed capacity of 100. The property has 20 parking spaces for drop-off/pick-up operations. A site plan was required for the first application because the lot was vacant and undeveloped. Mr. Hartley said the Zoning Code requires one parking space per five children. Ms. Madraveren explained the special exception process to Mr. Carrasco. Page 2 of 3 Board of Adjustment Minutes July 17, 2023 Mr. Carrasco expressed concern regarding the proposed capacity. Mr.Magamoll said parking is scarce in the City. Ms. Madraveren mentioned Howard Middle School is located on the south side of the property, and clarified interior layouts of classrooms 4 and 7 with Mr. Hartley. Mr. Anthony Collins, 1425 NW 16th Court, Ocala, Fl, spoke in opposition of the application. He expressed concern regarding the noise, traffic impacts, capacity, and the lack of parking. Mr. Juergens suggested establishing a fence to create a noise barrier. Mr. Collins responded a fence will not remedy the noise issue. He anticipates vehicle door slamming will be a major issue. Mr. Carrasco stated the proposed daycare is not compatible with the surrounding residential uses. Ms. Hitchcock confirmed the occupancy was determined by the architect. She recommended the Board table discussion until the application is available, due to the fact the applicant is not present to address questions raised by the Board. Ms. Hitchcock said the applicant operates a daycare on 14th Street, and there is a great need for daycare in the area. Motion to table the request to allow a Day Care Facility use in R-2, located at 1601 NW 14th Street (Parcel # 2195-000-000); approximately 0.56 acres. RESULT: TABLED MOVER: George Carrasco, Jr. SECONDER: Dustin Magamoll AYE: Carrasco, Vice Chair Hartley, Juergens and Magamoll EXCUSED: Chairperson Johnson and Futch 5. Comments 6. Next Meeting: August 21, 2023 7. Adjournment The meeting adjourned at 6:03 PM. Page 3 of 3

Agenda

Ocala Board of Adjustment Agenda - Final Monday, July 17, 2023 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 Jeff Shrum Growth Management Director meeting. Patricia Hitchcock, AICP APPEALS Planning Director Appeals from decisions of the BOA shall be to the Marion County Circuit Court. Any person or any board, taxpayer, Aubrey Hale Chief Planning Official 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 - Final July 17, 2023 1. Call To Order a. Pledge b. Roll Call for Determination of a Quorum 2. Proof of Publication Star Banner Ad Attachments: PROOF-36343718.pdf 3. Approval of Minutes BOA Minutes - Minutes from May 15, 2023, meeting Attachments: 5-15-23 minutes.3.pdf 4. Special Exception a. SE23-45183 / Shelijen, LLC Petitioner: Shelijen, LLC Agent: Tillman & Associates Engineering, LLC Planner: Divya Govindaraju (352-629-8305 dgovindaraju@ocalafl.org A request to increase maximum height in the B-2, Community Business Zoning District, from fifty (50) feet to sixty (60) feet to the top of the roof surface, for property (Parcel #21509-001-02) located north of the access road included in the Shops at Foxwood Replat and the properties addressed at 4579 to 4631 NW Blitchton Road; approximately 6.10 acres. Recommended Action: Approval Attachments: Staff Report Case Map Aerial Page 1 of 2 Board of Adjustment Agenda - Final July 17, 2023 b. SE23-45207 / G & G Holding and Trust LLC Petitioner: G & G Holding and Trust LLC Planner: Endira Madraveren 352-629-8440 emadraveren@ocalafl.org A request to allow a Day Care Facility use in R-2, Two-Family Residential zoning district, for property located at 1601 NW 14th Street (Parcel # 2195-000-000); approximately 0.56 acres. Recommended Action: Approval Attachments: SE23-45207 Staff Report CaseMap Aerial Supplemental 5. Comments 6. Next Meeting: August 21, 2023 7. Adjournment Page 2 of 2

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