Post on 16-Jan-2016
August 25, 2009August 25, 2009
BCC CALLED PUBLIC HEARINGon
BZA #SE-09-07-004, July 2, 2009
APPLICANT: Jose A. Casanova, Jr.
BCC CALLED PUBLIC HEARINGon
BZA #SE-09-07-004, July 2, 2009
APPLICANT: Jose A. Casanova, Jr.
SPECIAL EXCEPTION SPECIAL EXCEPTION STANDARDS UNDER FLORIDA STANDARDS UNDER FLORIDA
LAWLAW
(1) The applicant for the special exception request has the initial burden of demonstrating that his/her request is consistent with the comprehensive policy plan and meets the criteria for granting the special exception; and
(2) If the applicant carries that initial burden, the burden shifts to those opposing the special exception to show by competent substantial evidence that the request is not consistent with the comprehensive policy plan and does not meet those criteria.
CASE: BZA #SE-09-07-004
APPLICANT: Jose A. Casanova, Jr.
REQUEST: Special Exception to convert single family residence into a child day care facility and Variance for
unpaved parking.
ZONING: A-2 (Agricultural)
TRACT SIZE: 4.56 acres
LOCATION: Northeast corner of Whispering Pines Road and Bicky Road; 6607 Whispering Pines Road
DISTRICT: #4
CASE: BZA #SE-09-07-004
APPLICANT: Jose A. Casanova, Jr.
REQUEST: Special Exception to convert single family residence into a child day care facility and Variance for
unpaved parking.
ZONING: A-2 (Agricultural)
TRACT SIZE: 4.56 acres
LOCATION: Northeast corner of Whispering Pines Road and Bicky Road; 6607 Whispering Pines Road
DISTRICT: #4
BACKGROUNDBACKGROUNDBACKGROUNDBACKGROUND
APPLICANT’S PROPOSAL APPLICANT’S PROPOSAL APPLICANT’S PROPOSAL APPLICANT’S PROPOSAL
• Child Day Care FacilityChild Day Care Facility
• Number of Clients: 100 maximumNumber of Clients: 100 maximum
• Ages: 6 weeks - 5 yearsAges: 6 weeks - 5 years
• Hours of Operation: M-F 6:00 am – 6:00 pm Hours of Operation: M-F 6:00 am – 6:00 pm
• Staff: 8 to 10 Staff: 8 to 10
• Variance for 20 unpaved parking spacesVariance for 20 unpaved parking spaces
ZONING MAPZONING MAP
FUTURE LAND USE MAPFUTURE LAND USE MAP
= RURAL
City of Orlando
City of Orlando
P-D Ward Property
P-D Ginn Property
P-D
Bog
gy C
reek
En
clave
AERIALAERIAL
6607 Whispering Pines Road
SUBJECT
HA
PPY L
AN
E.
BETH RD.
BIC
KY R
D.
WHISPERING PINES RD.Unopened ROW(Whispering Pines Rd.)
Unop
ened
RO
W(S
eth
Rd
.)
AERIALAERIAL
SUBJECT
BO
GG
Y C
REEK
RD
.
SITE PLAN SUBMITTED FOR SITE PLAN SUBMITTED FOR BZA HEARINGBZA HEARING
Proposed Unpaved Parking
House
Playground
REVISED SITE PLAN SUBMITTED REVISED SITE PLAN SUBMITTED
FOR BCC HEARINGFOR BCC HEARING
HOUSE
Whispering Pines Road
PROPOSED DRIVEWAYS
Bic
ky R
oad
PLAYGROUND
SITE PHOTOGRAPHSITE PHOTOGRAPH
6607 WHISPERING PINES ROADBUILT: 2004
SITE PHOTOGRAPH SITE PHOTOGRAPH REAR VIEW OF RESIDENCEREAR VIEW OF RESIDENCE
6607 WHISPERING PINES ROAD
SITE PHOTOGRAPHSITE PHOTOGRAPH
Play Area
Proposed Day Care Center
Whispering Pines Rd.
Bicky Road
BICKY ROADBICKY ROADLOOKING NORTHLOOKING NORTH
Subject
Bicky Road
STREETSCAPESTREETSCAPE
SUBJECT
Whispering Pines Road – Looking West
Whispering Pines Road – Looking East
AREA HOMESAREA HOMES
BZA FINDINGSBZA FINDINGSBZA FINDINGSBZA FINDINGS
• Applicant failed to demonstrate compliance with Special Exception criteria
• Use too intense for rural area• Land use not compatible with surrounding uses• Non-residential intrusion in the middle of a
residential neighborhood• Neighborhood opposition
COMMUNITY FEEDBACKCOMMUNITY FEEDBACKCOMMUNITY FEEDBACKCOMMUNITY FEEDBACK
• Use will bring additional traffic into neighborhood.• Safety of neighborhood children while playing
outdoors.• Wish to preserve their quality of life; purchased
homes for the quiet and rural lifestyle the area offers.
• Proposed use would change character of the neighborhood.• Noise• Precedence, if approved.• Opposition at community meeting.• Commentaries Received: 9 Opposed,
None in Favor.
BZA REQUESTSBZA REQUESTS
3
21
5 6 7
8 9
10 11 12
14
13
4
Subject
1. SPEX - Family Lot Provision
2. VAR - Reduced Setback3. VAR - Reduced Setback4. SPEX - Baseball Field
(DENIED)5. SPEX - Mobile Home for parent6. SPEX - Det. Accessory
Dwelling Unit (ADU)
7. SPEX - Det. Accessory
Dwelling Unit8. VAR - Trailer for Office
Use 9. SPEX - Exceed number of
horses per acre
10. VAR - Additional Mobile Home
for living purposes
11. VAR - Height & Bldg. Size12. SPEX - Detached ADU13. SPEX - Remote Car Racetrack
(DENIED)14. SPEX - Raise & breed
horses for commercial purposes, and exceed number of horses per acre
LICENSED CHILD CARE FACILITIES LICENSED CHILD CARE FACILITIES 5 MILE RADIUS5 MILE RADIUS
*LICENSED CHILD CARE PROVIDERS
WITHIN A 5-MILE RADIUS OF SUBJECT
SITE = 33 (EXCLUDING ABOVE)
B.
C.
D.
E.
F.G.
H.
subject
BZA RECOMMENDATIONBZA RECOMMENDATIONBZA RECOMMENDATIONBZA RECOMMENDATION
Denied the special exception request in that the request did not meet the requirements governing special exceptions as spelled out in Section 38-78, Orange County Code.
Motion - Unanimous
BCC ACTION REQUESTEDBCC ACTION REQUESTEDBCC ACTION REQUESTEDBCC ACTION REQUESTED
ACTION REQUESTED:
Deny the request, consistent with the BZA Recommendation, in that the request does not meet Section 38-78, Special Exception Criteria, Orange County Code
August 25, 2009August 25, 2009
BCC CALLED PUBLIC HEARINGon
BZA #SE-09-07-004, July 2, 2009
APPLICANT: Jose A. Casanova, Jr.
BCC CALLED PUBLIC HEARINGon
BZA #SE-09-07-004, July 2, 2009
APPLICANT: Jose A. Casanova, Jr.