City of Lake Alfred Phone: (863) 291-5748 120 E. Pomelo...

City of Lake Alfred Phone: (863) 291-5748 120 E. Pomelo Street Fax: (863) 298-5403 Lake Alfred, FL 33850 www.mylakealfred.com

Community Development Building | Code Enforcement | Planning | Zoning

Any person who decides to appeal any decision of the Board of Adjustment with respect to any matter considered at this meeting will need a record of the proceedings, and for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Persons with disabilities needing special accommodations to participate in this proceeding should contact the City Clerk no later than five days prior to the proceeding at (863) 291-5748.

BOARD OF ADJUSTMENT AGENDA

CITY COMMISSION CHAMBERS AUGUST 25, 2020

5:00 P.M.

CALL TO ORDER: CHAIRMAN IKE FOUNTAIN

INVOCATION AND PLEDGE OF ALLEGIANCE

ROLL CALL: AMEÉ BAILEY, CITY CLERK

APPROVAL OF MINUTES: JULY 09, 2019

BUSINESS ITEMS

PUBLIC HEARING:

1. VARIANCE REQUEST REGARDING A FENCE AT 537 INTERLOCK ST2. SPECIAL EXCEPTION REQUEST TO SERVE ALCOHOLIC BEVERAGES AT 635 S

LAKE SHORE WAY3. ULDC TEXT AMENDMENTS UPDATE

http://mylakealfred.com/wp-content/uploads/Lake-Alfred-ULDC-Draft-2020-06-21.pdf

PUBLIC COMMENTS

BOARD MEMBER COMMENTS

ADJOURN

NEXT MEETING: OCTOBER 27, 2020


July 9, 2019 Board of Adjustment Meeting Minutes Page 1 of 2

MINUTES BOARD OF ADJUSTMENT MEETING

JULY 09, 2019 MEETING at 5:00 P.M.

CALL TO ORDER: Chairperson Ike Fountain

INVOCATION AND PLEDGE OF ALLEGIANCE Board Member Schmidt

Those in attendance were Chairperson Ike Fountain, Vice Chair Joyce Schmidt, Board Members William Castle, Irving Spokony, and Rick Roach.

Staff in attendance: Central Florida Regional Planning Council Program Manager Marisa Barmby, Planner Stephanie Von Paleske-Bush, and Deputy City Clerk Mamie Drane

Board Members absent: Luis Diaz

Board Member Roach made a motion to accept the March 26, 2019 minutes, with corrections; Board Member Spokony seconded the motion. The motion was approved by a unanimous voice call vote.

PUBLIC HEARING:

VARIANCE REQUEST REGARDING THE FENCE HEIGHT LIMITATION AND LOCATION AT 402 CEDAR GLEN DRIVE.

Marisa Barmby, Central Florida Regional Planning Council Program Manager stated a public notice was placed in the newspaper on June 24, 2019, and property owner notifications for properties within 300’ of this property were also mailed out. The applicant is requesting a variance to the fence height limitation on a corner lot from 4’ to 6‘ within the setback. Normally fences are allowed along the property line and do not need to meet a setback, except when along a road frontage. This lot has three street frontages and is shaped irregularly. Three houses to the east of the subject property have fences along Magnolia Ln. Magnolia Ln. serves as the back yard as all the houses front on Cedar Glen Dr. The fences on the adjacent properties are approximately 12’ off the property line due to a utility easement and the subdivision landscaping. The applicant's request for the 6’ high fence along Magnolia Ln. is consistent with the exception in Section 2.02.08.

Cypress Ridge Loop is on the west side of the lot. The road frontage setback is 20’ and the minimum side street setback is 15’. Generally, the Code calls for the most restrictive standards to apply. The proposed fence is located, at the closest point, 10‘ from the side street lot line which is a reduction of 10’ from the road frontage and 5 feet from the side street minimum setback. In the past, staff has allowed a 6’ fence on side streets as long as it met the minimum side street setback of 15’ without a variance. This can be seen on another lot in the subdivision.

The applicant is requesting to install a 6’ high fence along Cypress Ridge Loop for security purposes. As stated in Section 2.02.08 “fences or walls shall be limited to four feet in height within the required front or side street setback areas.” The fence request is an additional 2 feet in height within portions of the side street setback. It is not uncommon for lots with multiple frontages to request a variance for the portion of the lot serving as the side of the house. With the slope of the property, the closer the fence is to the house the greater the security. However,

July 9, 2019 Board of Adjustment Meeting Minutes Page 2 of 2

that reduces the back yard for the property owner. The 12’ setback was a compromise between the 10’ utility easement, 15’ side street setback, and consistent with the rear setback. This results in an eight (8) foot setback variance from a twenty (20) foot setback on Magnolia Drive, and a three (3) foot setback variance from the fifteen (15) foot side setback on Cypress Glen Loop. This allows the purposed fence to align with the existing fences and also maintains the visibility triangle. If the Board chooses to further reduce the setback, staff recommends that the fence is not allowed to cross the 10’ utility easement.

Staff recommends approval and has advertised for the maximum setback to allow the Board of Adjustment flexibility in their review. Staff recommends allowing the 6’ height fence at a 12’ rear.

Board Member Castle asked about traffic safety at the front of the house. He also asked about the existing landscaping at the rear of the house and if it interferes with traffic.

Chair Fountain clarified the concern asking if a vehicle traveling on Cypress Loop is turning left or right, would there be enough visibility at the corner.

Ms. Barmby stated the fence is required to be 25’ from the intersection and that allows visibility. The landscaping is inside the 10’ easement at the rear of the house and it does not affect visibility.

Board Member Castle asked if there was a history of police incidences in the community.

Matthew Noone, the applicant, stated he has lived at his current address for 5 years, there have been two occasions that people have come into the back yard, during the night, knocking on his back door. He said he has called Lake Alfred Police Department twice and he did file reports both times. There have been reports filed by the neighbors, and there have been several incidences involving the police department and criminal mischief throughout the community. The purpose of the fence is for security measures, he wants to ensure his wife and children are safe when he travels for work. The house is visible and accessible on three sides and because the house is raised he is requesting a 6’ fence.

Board Member Castle moved to grant the variance requested as presented, with the staff conditions of approval after hearing competent substantial evidence that meets all the variance criteria set forth; and hereby authorize the Chairman to sign a Development Order to be recorded in Polk County Public Records; the motioned was seconded by Board Member Roach. The motion was approved by a unanimous voice call vote.

Board Member Spokony moved to adjourn, seconded by Board Member Roach. The motion was approved by a unanimous voice call vote.

With no further business, the meeting was adjourned at 5:53 pm

Respectfully submitted,

Mamie Drane Deputy City Clerk



STAFF REPORT

APPLICANTS: Eugene and Janice Allen

REQUEST: A variance request to install a 5-foot-tall vinyl fence within the primary street setback of a corner lot. The fence request is one (1) foot higher than the allowable fence height within a residential setback, and a 4-foot reduction to the 20-foot front setback.

PROPERTY INFORMTION

Legal Description: Lot 6, TRACT 4A, THE LAKES, a subdivision according to the plat thereof recorded at Plat Book 159, Page 7, in the Public Records of Polk County, Florida.

Parcel ID: 262733-513980-000060

Future Land Use: Low Density Residential (LDR)

Zoning District: Single-Family Dwelling District (R-1B)

AGENDA DATES

August 25, 2020 Board of Adjustment

ATTACHMENTS

A. Site PhotosB. Aerial PhotosC. Hearing Notice Parcel MapD. Requested Site LayoutE. Recommended Site LayoutF. Letter of support from resident within 300 feet of property

http://www.mylakealfred.com/

CITY OF LAKE ALFRED BOARD OF ADJUSTMENT AUGUST 25, 2020

EXCERPTS OF UNIFIED LAND DEVELOPMENT CODE (ULDC):

§2.02.08 Fence Height Limitations

No fence or solid wall on any property shall exceed six feet in height in any residential zoning district, or eight feet in any commercial or industrial zoning district. No fence or other obstruction, including signs (having less than eight feet of ground clearance), walls, hedges, or other structures shall exceed four feet in height within 25 feet of a street intersection. In all zoning districts, fences or walls shall be limited to four feet in height within required front or side street setback areas.

On a through lot, other than a corner lot, a 6-foot fence may be placed on the rear property line adjacent to an arterial road, and in such instances, such lot shall not be treated as a through lot for setback purposes. If residential structures on abutting properties face or have access to the arterial road, this exception shall not apply.

Berms within the front setback, or within 25 feet of a street intersection, used in conjunction with fences or walls, shall be considered as included in the height restriction for such fences or walls. The height of a fence or wall shall be measured from finished grade prior to berming. Fences or walls that exceed the height limits established in this Section shall meet side and rear setback requirements applicable to accessory structures, and front setback requirements applicable to principal structures.

Table 2.04.01(B), Table of Development Standards

§2.05.00 General Regulations for Accessory Uses and Structures

Accessory uses, as defined in Article 9, are those that are incidental and secondary to a principal use that is permitted within a given zoning district. It is the purpose of this Section to regulate accessory uses and structures for construction, placement, and use, in order to ensure that they do not adversely affect nearby residents and/or surrounding properties. In addition to the standards provided below, accessory structures shall meet all requirements set forth in individual zoning districts and other applicable provisions of this Code.

(B) (2) Setbacks – Street side setback shall be a minimum of 15 feet andinterior/rear/side setbacks shall be a minimum of 5 feet.

ANALYSIS

The applicants are requesting a variance to the fence height limitation within the front setback of a corner lot. Normally, fences are allowed along the property line and do not

Zoning District Setback (feet) Front Rear Side

R-1B 20 20 5


need to meet a setback, except when along a road frontage. The subject property is a corner lot, and has two frontages, one along Interlock Street and the second along Totty Way. The front setback along both Interlock Street and Totty Way is a minimum of 20 feet. There is a 15-foot utility easement along both road frontages. The proposed fence is located along Totty Way. Per Section 3.02.03(I)(3) of the ULDC, front yard regulations shall be met along all lot lines abutting a street right-of-way. Section 2.02.08 permits a maximum residential fence height of 6 feet along side and rear lot lines. However, in the front yards of lots, fences within the front setback as established by Table 2.04.01(B) shall not exceed 4 feet in height. The applicants are requesting to exceed the 4-foot fence height maximum within the 20-foot front setback by one foot. This would result in a 5-foot high privacy fence around the property. The 5-foot fence would encroach 4 feet into the 20-foot setback. The applicants are requesting that the 20-foot front setback along Totty Way be reduced to a 16-foot setback. The 4-foot encroachment into the setback leaves a 5-foot wide area between the screened pool and the fence, which provides privacy and security, while being wide enough to permit maintenance. The 16-foot setback variance request also encompasses the 15-foot utility easement, leaving one foot between the proposed fence and the easement. The owner’s request is meant to accommodate the prior construction of a mesh screen room and pool that were placed in line with the side of the house. The parcel is in the R-1B zoning district which permits a maximum lot coverage of 30% and an Impervious Surface Ratio (ISR) of 40%. The actual lot coverage is approximately 45%, and the actual ISR is approximately 50%, which both exceed the current development standards for the zoning district. However, the residence and the pool were permitted by the City’s previous Building Official. The fence will not add to the existing ISR or maximum lot coverage, or contribute to the existing nonconformity. The variance request satisfies Section 7.11.01 of the code, because although special circumstances and conditions exist on the lot, the conditions were approved by the City, and are not due to the actions of the applicants. Unless other impervious surfaces are removed, or the development standards of Table 2.04.01(B) updated, no other construction will be permitted on the property that further increases either the lot coverage or the ISR. STAFF RECOMMENDATION: Staff has advertised the applicants’ request for the increase in the fence height and the setback reduction. The advertisement for a setback of 16 feet satisfies the applicants’ request and allows for a one-foot buffer between the potential fence and the existing utility easement. Staff recommends that the Board allow a privacy fence of up to 6 feet


in height and approximately 35 feet in length-as measured from the rear lot line-at a front yard setback of 16 feet along Totty Way. Attachment D shows the requested location of the fence in red. Attachment E shows the staff recommendation for the fence placement in red. The existing fence along the rear is shown in blue in both attachments. The suggested site layout is based on maintaining a 16-foot front yard setback along Totty Way, which serves as the side of the house. The City’s proposal would satisfy the applicants’ need for privacy and security, while also being the minimum variance that would make possible a reasonable use of the land, per Section 7.11.01 of the ULDC. Staff recommends approval of the requested variance with the following conditions:

1. The applicants may construct a privacy fence up to 6 feet high, measuring approximately 35 feet in length from the rear property line within the front setback adjacent to Totty Way.

2. The fence shall meet a 16-foot front setback along Totty Way. 3. The fence shall not be located on or across the 15-foot utility easement on the lot. 4. The applicants must maintain the front yard setback regulations of Table

2.04.01(B), and the fence height regulations of Section 2.02.08 of the ULDC along Interlock Street.

5. The applicants must maintain the triangular area of clear visibility, formed by extending a 40-foot line along the edge of pavement of Totty Way and Interlock Street and drawing the hypotenuse of the triangle, per § 3.02.03(F) of the Lake Alfred Unified Land Development Code. The fence shall not be erected within the clear visibility triangle.

6. The fence shall meet all other requirements of the Lake Alfred Unified Land Development Code.

7. No construction that increases the Impervious Surface Ratio or the lot coverage of the subject property is authorized by this variance.

8. Approval of this variance shall only apply to the existing home at 537 Interlock Street.

9. Approval of this variance shall not constitute a waiver or an additional variance from any applicable development regulation unless specifically noted in the conditions of approval and consistent with the ULDC. Therefore, any other additions of structures placed on the property shall be required to meet development standards of the R-1B zoning district, including impervious surface ratio, maximum lot coverage, and setback requirements, or obtain another variance.

10. The applicants shall apply for the necessary building permits for the proposed structure by August 25, 2021 or this approval shall be void.


BOARD OF ADJUSTMENT MOTION OPTIONS:

1. APPROVAL ─ ‘I move to GRANT the variance request as presented, with the staff conditions of approval, after hearing competent substantial evidence that meets all the variance criteria set forth; and I hereby authorize the Chairman to sign a Development Order to be recorded in Polk County Public Records.’

2. DENIAL ─ ‘I move to DENY the variance request presented as the applicants

provided insufficient evidence and the request does not meet all the variance criteria set forth and hereby authorize the chairman to sign a Denial Order to be recorded in Polk County Public Records.’

3. TABLE ─ ‘I make a motion to table the variance request presented to allow the applicants an opportunity to provide additional evidence or to modify the request.’

All decisions of the Board of Adjustment are final. Variance requests, once acted upon, may not be reheard unless the applicants can demonstrate that the decision resulted from an error in substantive or procedural law, or provides new evidence or information not discoverable prior to the initial hearing. A different or more effective presentation of the same evidence or information shall not be considered grounds for a rehearing.


ATTACHMENT A ─ SITE PHOTOS

Frontage of lot from Interlock Street

Frontage of lot along Totty Way


Frontage of lot showing screened pool in line with the house

Triangle of clear visibility at the intersection of Interlock Street and Totty Way


ATTACHMENT B ─ AERIAL PHOTOS


ATTACHMENT C ─ PARCEL MAP AND HEARNG NOTICE LIST


ATTACHMENT D ─ SITE LAYOUT SHOWING FENCE REQUEST BY APPLICANTS


ATTACHMENT E ─ SITE LAYOUT SHOWING STAFF RECOMMENDATION


ATTACHMENT F ─ LETTER OF SUPPORT FROM 608 TOTTY WAY



STAFF REPORT

APPLICANT:

REQUEST:

Tracey Aldaco

The applicant is requesting a Special Exception from the Board of Adjustment to permit the sale of alcoholic beverages in a restaurant in the C-2 district.

PROPERTY INFORMTION

General Description: South of Columbia Street West, north of Thelma Street East, East of Shinn Boulevard, and west of Lake Shore Way South.

Parcel ID: 262732-501000-007110

Future Land Use: Downtown Mixed Use (MU)

Zoning District: Retail Commercial (C-2)

AGENDA DATES

August 25, 2020 Board of Adjustment

ATTACHMENTS

A. Site PhotosB. Aerial PhotoC. Hearing Notice Parcel MapD. Zoning Map

EXCERPTS OF UNIFIED LAND DEVELOPMENT CODE (ULDC):

§2.03.01(B)(2) Sale of Alcoholic Beverages

The sale of alcoholic beverages in restaurants shall be permitted by Special Exception in C-2, C-3, M-1, I-1, and I-2 districts subject to the following standards:

(a) More than 50% of the establishment's revenues are derived from the sale offood.

http://www.mylakealfred.com/


(b) All public entrances of the establishment are located at least 600 feet from a

church, day care center or public school.

(c) All public entrances of the establishment are located at least 150 feet from any residentially zoned property. This measurement shall be taken from the main entrance of the business to the main entrance of the residence on such property, measured by the path of travel. This distance shall not apply to a vacant residential property.

(d) Points of ingress/egress to the property connect to a road having a functional classification of "Collector" or higher.

ANALYSIS The applicant is requesting a Special Exception to serve alcoholic beverages at the subject property: 635 S Lake Shore Way. The property is located in the Downtown Overlay District (DOD), and has a future land use designation of Downtown Mixed Use (MU) and a zoning designation of Retail Commercial (C-2). The property contains one building that includes several retail/commercial spaces and tenants. The applicant for the Special Exception is the owner of the restaurant ‘Las Comadres Marisqueria y Taqueria.’ The restaurant is primarily a takeout and delivery restaurant, with an eight (8) seat dining capacity. The applicant is requesting permission to serve alcoholic beverages in addition to food in the restaurant. The Special Exception is required for the City to sign-off on the applicant’s request for a Beer and Wine Consumption on Premises (2COP) license from the Florida Department of Business and Professional Regulation. The Unified Land Development Code (ULDC) permits the sale of alcoholic beverages in the C-2 district by Special Exception, provided that four (4) standards are met. According to the narrative that the applicants have provided, the request meets the standards in the following ways:

(a) Less than 50% of the restaurant’s revenues will be derived from the sale of alcoholic beverages. The Special Exception would allow the sale of alcoholic beverages along with meals. The applicant will serve no more than three (3) alcoholic beverages-beer, wine, wine coolers, or specialty drinks-per customer, per day. Approval of the Special Exception request would not allow the applicant to establish a bar, as alcoholic beverages will be served to accompany meals.

(b) All public entrances are located at least 600 feet from a church, day care center

or school. The measurement within the buffer area was provided by the City


based on information from Lake Alfred Business Tax Receipts and the Polk County Property Appraiser.

(c) All public entrances of residences within close proximity of the restaurant are

located more than 150 feet from its entrance. Attachment D shows the zoning map of the parcel. The subject property is surrounded by the Retail Commercial (C-2) zoning district and commercial uses. There is a commercial buffer between the subject restaurant and surrounding residential uses. The distance from the public entrance of the subject property to the public entrance of the closest residential use at 115 E Hoffman Street is approximately 250 feet, as measured by the City using the Polk County Property Appraiser’s map.

(d) Points of ingress and egress serving the subject property are Shinn Blvd and

South Lake Shore Way, both arterial state highways. The ‘Arterial’ road classification is higher than the ‘Collector’ classification.

Section 6-3 of the City’s Code of Ordinances permits the sale of alcoholic beverages during the following hours:

(a) From 2:00 a.m. through 7:00 a.m., Tuesdays through Saturdays;

(b) From 2:00 a.m. to 12:00 noon Sunday, and 12:00 midnight Sunday to 7:00 a.m. the following Monday; however, when New Year's Eve occurs on Sunday of any year it shall not be unlawful to serve, consume or deliver alcoholic beverages until after 2:00 a.m. on Monday January 1 of the following year; further, there shall be no sales or service of beverages in sealed containers containing alcohol of more than 14 percent by weight for consumption off the premises at any time on Sunday.

The hours of the restaurant are as follows:

(a) Mondays: Closed (b) Tuesdays through Thursdays: 10:30 a.m. to 8:00 p.m. (c) Fridays: 10:30 a.m. to 9:00 p.m. (d) Saturdays: 8:00 a.m. to 9:00 p.m. (e) Sundays: 8:00 a.m. to 6:00 p.m.

The applicant agrees that the sale of alcoholic beverages for consumption on premises will occur within the City’s permissible hours. STAFF RECOMMENDATION: Staff has evaluated the Special Exception application and recommends approval of the request based on the standards listed above, with the following conditions:


1. Approval of this Special Exception shall only apply to the restaurant ‘Las

Comadres Marisqueria y Taqueria,’ located at 635 S Lake Shore Way, and shall not be transferable.

2. That more than 50% of the establishment’s revenues shall be derived from the

sale of food.

3. That sale of alcoholic beverages will be permitted in accordance with the Section 6-3 of the Lake Alfred Code of Ordinances.

4. That approval of this Special Exception request shall permit the applicant to serve alcoholic beverages in compliance with the Beer and Wine Consumption on Premises (2COP) license. Any intensification of the license class type shall require an additional Special Exception, as granted by the Board.

5. Approval of this Special Exception shall not constitute a special exception or an additional waiver from any applicable development regulation unless specifically noted in the conditions of approval and consistent with the ULDC.

6. The applicant shall apply for the necessary State licenses and all required Business Tax Receipts by February 21, 2021 or this approval shall be void.

BOARD OF ADJUSTMENT MOTION OPTIONS:

1. APPROVAL ─ ‘I move to GRANT the special exception request as presented, with the staff conditions of approval, after hearing competent substantial evidence that meets all the special exception criteria set forth; and I hereby authorize the Chairman to sign a Development Order to be recorded in Polk County Public Records.’

2. DENIAL ─ ‘I move to DENY the special exception request presented as the

applicant provided insufficient evidence and the request does not meet all the special exception criteria set forth and hereby authorize the chairman to sign a Denial Order to be recorded in Polk County Public Records.’

3. TABLE ─ ‘I make a motion to table the special exception request presented to allow the applicant an opportunity to provide additional evidence or to modify the request.’

All decisions of the Board of Adjustment are final. If a special exception does not begin to serve the purpose for which it was granted permission within 180 days from the date of approval, it shall expire. Once initiated, the special exception use may continue indefinitely or until the expiration of any time limit established as a condition of approval. However, if such use is abandoned for 180 days, it shall expire.


ATTACHMENT A ─ SITE PHOTOS

Picture of 635 S Lake Shore Way showing store fronts.

Picture of the subject restaurant ‘Las Comadres Marisqueria Y Taqueria.’


ATTACHMENT B ─ AERIAL PHOTO

Aerial map of the subject property.


ATTACHMENT C ─ PARCEL MAP AND HEARNG NOTICE LIST

Parcel map showing 300’ buffer around subject property.


ATTACHMENT D ─ ZONING MAP

Zoning map of subject property and surrounding parcels.


____________________________________________________________________________

BUSINESS ITEM NO. 3: ULDC Discussion

ISSUE: Staff request to discuss several chapters of the proposed changes to the Unified Land Development Code (ULDC). The chapters can be found at the following link: http://mylakealfred.com/wp-content/uploads/Lake-Alfred-ULDC-Draft-2020-06-21.pdf


City of Lake Alfred Phone: (863) 291-5748 120 E. Pomelo...

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