Board of Adjustment

110 SE Watula Avenue Ocala Ocala, FL 34471 Board of Adjustment www.ocalafl.gov Minutes Monday, November 20, 2023 5:30 PM 1. Call To Order a. Pledge b. Roll Call for Determination of a Quorum Present: Vice Chair James Hartley George Carrasco Jr. William R. Futch Rusty Juergens Justin MacDonald Dustin Magamoll Excused: Chairperson Joyce Johnson 2. Proof of Publication a. Attachments: Gazette Proof 11-20-23.pdf 3. Approval of Minutes There being no further discussion the motion carried by roll call vote. RESULT: APPROVED MOVER: Dustin Magamoll SECONDER: George Carrasco, Jr. AYE: Vice Chair Hartley, Carrasco, Futch, Juergens, MacDonald and Magamoll EXCUSED: Chairperson Johnson a. Attachments: 10-16-23 Final Minutes.pdf 4. Special Exceptions a. SE23-45398 / Leppo Inc. Attachments: SE23-45398 Staff Report Leppo Survey Leppo Site Plan SE23-45398 Aerial Map SE23-45398 Case Map Ms. Madraveren displayed maps and various photos of the property and adjacent Page 1 of 5 Board of Adjustment Minutes November 20, 2023 properties while providing staff comments and the findings of fact. Mr. Carrasco asked for clarification on the required landscape buffer height. Ms. Madraveren said the hedges must be planted at 18-inches. Mr. Carrasco asked about the required maintenance and if Code Enforcement is aware of the requirement. Ms. Madraveren said Code Enforcement is not made aware, unless a complaint is received. Mr. Magamoll asked if there was a condition on how close the landscaping is to the road. Mr. Carrasco asked if the there was going to be gravel, sod or pavement. Austin T. Dailey, 40 SE 11th Ave., Ocala, FL., talked about the proposed construction/farm equipment business and that Leppo Inc. has 15 existing locations. Mr. Dailey said there was a slab for outdoor sales and the rest will be gravel. Mr. Dailey provided two alternative options for the site plan submittal deadline for the Board's consideration. Mr. Hale said there was another option that was 6 months for the submittal of plans with an additional 12 months for the plan approval. Mr. Juergens asked if the equipment for the business were used or new, and did not want car lot issues. Mr. Dailey said they were going to have new, used and rental equipment. Mr. Carrasco said the business owns the property and they would take care of the lot. Mr. Magamoll asked about the maintenance criteria and stated that he has observed cases where gravel and mulch drag out to the roadway. Mr. Dailey said sod was allowed, but had to be maintained. Motion to approve SE23-45398 Leppo Inc., 6 month submittal and an additional 12 month plan approval to allow construction/farm equipment sales in M-1, Light Industrial, for property located at 1409 NE 8th Avenue (Parcel 26013-000-02); approximately 2.41 acres. RESULT: APPROVED MOVER: William R. Futch SECONDER: George Carrasco, Jr. AYE: Vice Chair Hartley, Carrasco, Futch, Juergens, MacDonald and Magamoll EXCUSED: Chairperson Johnson b. SE23-45359 / Mist LLC Page 2 of 5 Board of Adjustment Minutes November 20, 2023 Attachments: SE23-45359 Staff Report SE23-45359 Case Map Mist LLC SE23-45359 Aerial Map Mist LLC Site Plan Floor Plan Parking space plan Class Schedule Ms. Johnson displayed maps and various photos of the property and adjacent properties while providing staff comments and the findings of fact. Motion to approve SE23-45359, Mist LLC. request to allow recreation facility, indoor in M-1, Light Industrial, for property located at 1521 SW 18th Avenue (Parcel 236569015-02); approximately 6.39 acres. RESULT: APPROVED MOVER: Justin MacDonald SECONDER: William R. Futch AYE: Vice Chair Hartley, Futch, Juergens, MacDonald and Magamoll RECUSED: Carrasco EXCUSED: Chairperson Johnson 5. Variances a. VAR22-44733 / Ladden Herrmann Attachments: Staff Report OHPAB Application Packet Survey Aerial Map Case Map Ms. Miller displayed maps and various photos of the property and adjacent properties while providing staff comments and the findings of fact. Mr. Hartley asked about the Code Enforcement case. Ms. Miller said the code case was for work without permits, and the case resolved. Nicole Clinton, 726 SE 3rd St, Ocala, FL., said Mr. Herrmann was not present, but she was available to answer any questions. Motion to approve VAR22-44733, Ladden Hermann request to reduce the rear yard setback from twenty-five (25) feet to three (3) feet on an R-3, Multi-Family Residential property located at 726 SE 3rd Street (Parcel# 2820-029-004); approximately 0.22 acres. RESULT: APPROVED MOVER: George Carrasco, Jr. SECONDER: Justin MacDonald Page 3 of 5 Board of Adjustment Minutes November 20, 2023 AYE: Vice Chair Hartley, Carrasco, Juergens, MacDonald and Magamoll RECUSED: Futch EXCUSED: Chairperson Johnson b. VAR23-45353 / Natalie and Cody Wells RESULT: TABLED MOVER: William R. Futch SECONDER: George Carrasco, Jr. AYE: Vice Chair Hartley, Carrasco, Futch, Juergens, MacDonald and Magamoll EXCUSED: Chairperson Johnson c. VAR23-45388 / Sarah Lyn Williams Attachments: Staff Report OHPAB Application Packet Aerial Map Case Map Ms. Miller displayed maps and various photos of the property and adjacent properties while providing staff comments and the findings of fact. Jerry Stevens, 933 SE 12th PL., Ocala, FL said he was there to answer any questions. Motion to approve VAR23-45388-Sara Lynn Williams request to reduce the rear yard setback from twenty-five (25) feet to Five (5) feet and the street side yard setback from twenty-five (25) feet to twenty-four (24) feet on an R-1, Single-Family Residential, property located at 222 SE 13th Avenue (Parcel # 28372-010-00); approximately 0.17 acres. RESULT: APPROVED MOVER: George Carrasco, Jr. SECONDER: Dustin Magamoll AYE: Vice Chair Hartley, Carrasco, Futch, Juergens, MacDonald and Magamoll EXCUSED: Chairperson Johnson d. VAR23-45392 / Joseph Carvalho Attachments: Staff Report OHPAB Application Packet Survey Aerial Map Case Map RESULT: PULLED 6. Comments Page 4 of 5 Board of Adjustment Minutes November 20, 2023 7. City Attorney's Report a. Mr. Sexton said has received a request for relief under the Florida Land Use and Environmental Dispute Resolution Act there will be a Mediation/Hearing for the denial of the Special Exception for Future Stars Preschool Academy Inc. Mr. Sexton explained the process of the mediation and that the case will go to a Special Magistrate Hearing. The board will have to designate a member to represent the board for this process. Mr. Fred Roberts, 40 SE 11th Avenue, Ocala, FL., said he represented Future Stars Preschool Academy and explained the process of the Special Magistrate Hearing. Motion approved for Mr. Carrasco to be the board appointee for the Special Magistrate Mediation/Hearing for Future Stars Preschool Academy; with Mr. Futch as a backup. RESULT: APPROVED MOVER: Dustin Magamoll SECONDER: Justin MacDonald AYE: Vice Chair Hartley, Carrasco, Futch, Juergens, MacDonald and Magamoll EXCUSED: Chairperson Johnson 8. Next Meeting: December 18, 2023 9. Adjournment Page 5 of 5