Quasi-Judicial Recommended Order September 14, 2009
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Transcript of Quasi-Judicial Recommended Order September 14, 2009
Odom-Formosa
Ave.VAR2008-
00105QJ2009-002
September 14, 2009Appeal of Board of Zoning
Adjustment’s Denial of
Variance
Quasi-Judicial Recommended OrderSeptember 14, 2009
Presented by:
Dean Grandin, Jr. AICPCity Planning Division Manager
Odom-Formosa
Ave.VAR2008-
00105QJ2009-002
September 14, 2009Appeal of Board of Zoning
Adjustment’s Denial of
Variance
Project Location• VAR 2008-00105• 907, 909, 911, and 915 Formosa Ave, south of
Minnesota Ave., within the College Park neighborhood.
• District 3 (Commissioner Stuart)
Odom-Formosa
Ave.VAR2008-
00105QJ2009-002
September 14, 2009Appeal of Board of Zoning
Adjustment’s Denial of
Variance
Aerial Photo of Subject Property
Subject Properties
Formosa A
ve.
FDOT Area of Taking
Odom-Formosa
Ave.VAR2008-
00105QJ2009-002
September 14, 2009Appeal of Board of Zoning
Adjustment’s Denial of
Variance
Existing Survey with Area of Taking
907 Formosa Ave.
909 Formosa Ave.
911 Formosa Ave.
915 Formosa Ave.
Odom-Formosa
Ave.VAR2008-
00105QJ2009-002
September 14, 2009Appeal of Board of Zoning
Adjustment’s Denial of
Variance
Proposed Site Plan Requiring Variances
909 Formosa Ave.
911 Formosa Ave.
915 Formosa Ave.
Presented at Feb. 24, 2009 BZA meeting
Odom-Formosa
Ave.VAR2008-
00105QJ2009-002
September 14, 2009Appeal of Board of Zoning
Adjustment’s Denial of
Variance
Variances RequestedA. Variance of 25 ft. from the required 25
ft. front yard setback for the relocated residence at 909 Formosa Ave
B. Variance of 10 ft. from the required 25 ft. rear yard setback for the relocated residence at 909 Formosa Ave
C. Variance from the minimum building site frontage for 911 Formosa Ave
D. Variance from the development standards for an Accessory Cottage Dwelling at 911 Formosa Ave.
Odom-Formosa
Ave.VAR2008-
00105QJ2009-002
September 14, 2009Appeal of Board of Zoning
Adjustment’s Denial of
Variance
Recommended OrderPlanning Staff recommended denial of all variances requested because they did not meet all of the standards for approval.
The Board of Zoning Adjustment split its decision four to four on all of the requested variances, therefore recommending denial of all of the requested variances,
Odom-Formosa
Ave.VAR2008-
00105QJ2009-002
September 14, 2009Appeal of Board of Zoning
Adjustment’s Denial of
Variance
Recommended OrderThe Hearing Officer recommended approval of all the requested variances subject to the following conditions upon the property: 1. The Petitioner shall enter into a binding lot
agreement for the remainder portions of lots 5, 6, and 7.
2. The Petitioner shall accommodate solid waste disposal at the intersection of the driveway shown on Exhibit “B” and Formosa Ave.
3. All structures must appear to front on and address Formosa Ave with a front entryway to the structure facing Formosa Ave. The existing garage and covered rear patio of the 1-story relocated residence from lot 6 shall be enclosed and integrated into the main living space of the home.
Odom-Formosa
Ave.VAR2008-
00105QJ2009-002
September 14, 2009Appeal of Board of Zoning
Adjustment’s Denial of
Variance
Recommended Alternative Site Plan
911 Formosa Ave.
915 Formosa Ave.
Presented at appeal hearing
Original location of 909 Formosa Ave.
909 Formosa Ave. relocated
909 Formosa Ave. addition to meet Recommended Order
Odom-Formosa
Ave.VAR2008-
00105QJ2009-002
September 14, 2009Appeal of Board of Zoning
Adjustment’s Denial of
Variance
Recommended OrderThe Council may:
Adopt the Recommended Order.Adopt the Recommended Order with
changes.*Direct Staff to prepare a revised Order.* * Council must state reasons for
changes, including changes to the findings of fact concluded by the Hearing Officer.
Odom-Formosa
Ave.VAR2008-
00105QJ2009-002
September 14, 2009Appeal of Board of Zoning
Adjustment’s Denial of
Variance
Conclusion
Staff Recommends adoption of the Recommended Order from the Hearing Officer.
Odom-Formosa
Ave.VAR2008-
00105QJ2009-002
September 14, 2009Appeal of Board of Zoning
Adjustment’s Denial of
Variance
Questions?