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HomeMy WebLinkAbout08-25-86 MINUTES OF THE BOARD OF ADJUSTMENT MEETING HELD AUGUST 25, 1986 The meeting was called to order at 7:40 P.M. by Board Member Bob Colburn, who was presiding in the absence of Chairman Beatty. PRESENT: Board Members Bob Colburn, Cliff Rhodes and Vernon Combs, City Manager Ted Ryan, Building Official Sam Gerace and City Clerk Helen Catron. ABSENT: Chairman Bruce Beatty was out of town and Board Members Jack Marsden and Albert Nettles have resigned. Bob Colburn led in the pledge of allegiance to the flag and in a moment of silent prayer. APPROVALS Vern Combs moved to approve the minutes of the April 21, 1986 Meeting, Cliff Rhodes seconded and approved unanimously. VARIANCE REQUEST J. Alton Julian, President of DeRae Builders, is requesting a Variance in order to allow further subdividing of the duplex lots in Harbour Highlands II into two halves with 372' frontage and 3,750 square feet with zero lot line. Mr. Colburn asked Mr. Julian if he would like to speak to the board. Mr. Julian explained that the reason he is requesting this Variance is low that he has had several elderly citizens want to buy one of the duplexes because they cannot afford to purchase the whole unit of two duplexes. He suggests he be allowed to sell them sep- arately.and, in his opinion, feels this would attract a better class of people if the units were individually owned. He stated that if they were sold as one unit then you will end up with tenants,as investors will purchase and then rent them out. Bill Asma, attorney for DeRae Builders, stated that the property is already zoned and the plat approved for the duplexes the only change would be there would be two deeds instead of one and there would be a common wall /roof area. Mr. Rhodes asked Mr. Julian what price range they were asking for the duplexes. Mr. Julian responed by saying that the asking price for the two -unit duplex will be $110,000.00 and if sold separately they will be $55,000.00 to $56,000.00. Mr. Combs asked what the square footage would be and Mr. Julian said it will be 1128 sq. ft. for one of the units and 1000 sq. ft. for the other unit. Mr. Combs questioned whether the City Com- mission had implemented requirements for 1200 sq. ft.. City Manager Ryan stated that it had been discussed but was not in place presently by ordinance or legislative action, Mr. Combs also asked if separate deeds would be a problem. City Manager Ryan stated that he was not an attorney but he did not see a problem ,,itor with it. Mr. Asma stated that the survey and legal descriptions Page 2 Board of Adjustment August 26, 1986 will show the lot split and the common wall between the two units. City Manager Ryan explained that the present zoning on the prop- erty is R -3 and the request is a use that would be permitted under that zone. Gary Carroll, 712 E. Lakeshore Drive, Ocoee, stated that he initially had been opposed to the Variance request, but after talking to Mr. Julian about his plans he would rather see the zero lot lines than investors buying the duplexes for the purpose of leasing. Tom Slimick, President of Sleepy Harbour Homeowners Association, stated that he and other members of the association were in opposition to this request. They would prefer the Commission deny the request for the zero lot lines. After Mr. Slimmick learned that Mr. Julian was not increasing the number of duplexes, he felt Mr. Julian should hold a public hearing with the homeowners in that area and let them know what he is doing, although at this time they are still opposed to the request for zero lot lines. Mr. Carroll asked how many duplexes were being built and Mr. Julian stated that 20 duplexes are planned which would mean 40 single units if his Variance request is approved. The number of units will not change with this request, rather the only difference would be the method of selling the units; thus the reason for re- questing the zero lot lines. Mr. Colburn stated that this is the bottom line as there will be 20 duplex units either way. Mr. Julian again expressed concern over the type of people that would be buying the duplexes if investors buy them as one unit instead of being allowed to purchase them separately. Mr. Combs stated that apartments had been planned for that prop- erty before Mr. Julian purchased it and the Commission denied the request for the apartments. At that time, the citizens in the area protested and he feels the citizens should attend the City Commission meetings and get more involved. He further stated that this would be a good time for the residents of Prima Vista and Sleepy Harbour to attend the City Commission Meeting when this will be brought up for their consideration. City Manager Ryan stated that he should point out for clarification the section in the code that determines what qualifies for the giving of a Variance, and if the Board finds those conditions do or do not exist, then it should be made a part of the record. The Code states that if the Variance is granted it should not be injurious, grant any special privilege, conditions are not caused by the applicant or would cause a hardhip, and the minimum variance will make possible the reasonable use of the land, building or structure. The Board also may prescribe safeguards and appropriate At by conditions in conformity the Code. - 2 - Page 3 Board of Adjustment August 26, 1986 Mr. Colburn was concerned with setting a precedent if the Variance request is recommended for approval. Mr. Asma stated that whether they were opposed or not, there were already 20 duplex lots platted and the only difference would be if they were owned individually. Mr. Gerace stated that if the Commission approves the subdividing of the lots, then there will have to be a replat and Mr. Ryan reiterated that it would have to be done per Mr. Gerace's comments. Vern Combs then moved to recommend approval and submit to the Commission for their approval /disapproval as they find that the granting of the Variance is not injurious to the public welfare and follows the stipulations for granting a Variance per the Code, Cliff Rhodes seconded, and vote carried unanimously. OTHER BUSINESS Mr. Colburn stated that they did not have any names to recommend at this time. City Manager Ryan explained that the Code does not require recommendations from the Board; but they could do so through the Mayor or Commissioners on an individual basis if they would like to recommend someone. COMMENTS There were no comments. ADJOURNMENT The meeting was adjourned at 8 :13 P.M.. City Clerk Presiding Chairman `r. - 3 -