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HomeMy WebLinkAbout01-24-90 fir► MINUTES OF THE BOARD OF ADJUSTMENT MEETING HELD JANUARY 24, 1990 CALL TO ORDER: The meeting was called to order by Chairman Beatty at 7:30 p.m. To follow was the Pledge of Allegiance and then a moment of silent prayer. PRESENT: Chairman Beatty, Vice- Chairman Colburn, Members: Rhodes, Boggs, Foster, Wix (arrived 7:32), Miller (arrived 7:35), Senior Planner Harper, Secretary King ABSENT: OLD BUSINESS: Vice Chairman Colburn moved to approve the minutes of the September 19, 1989 Board of Adjustment Meeting, Board Member Rhodes seconded, and approval was unanimous. NEW BUSINESS: `lbw CASE NO. 1- 1V- 90:WARD (PRAIRIE OAKS SUBDIVISION - #89-090) Chairman Beatty asked Senior Planner Harper to begin his presentation. Mr. Harper stated that the petitioner, Mr. Eldon Ward, requested two variances to the Subdivision Code. Mr. Ward is attempting to put together a seven lot subdivision on 2.6 acres located just to the west of Forest Oaks Subdivision. Firstly, the applicant has requested a reduction of the radius of the cul -de -sac from 55 ft. to 50 ft. The applicant has stated that he will comply with the code requirement to pave the radius of forty -five (45) feet. According to Mr. Ward's reason for the request it is to comply with The State Health Department Regulations for Acreage Sizes and Lots. Mr. Harper stated that Staff does not recommend a reduction in the cul -de -sac bulb because although it may seem like a small matter, it has enormous precedent setting value since numerous developers have requested similar cul-de-sac reductions which have been denied. Lot 7 may have to be reduced in size but the applicant will still have "reasonable use" of the land within the site's "R -1 -A, Single Family Dwelling" zoning category, which allows a minimum 8,000 sq. ft. lot size and 1,200 sq. ft. living area. Secondly, the applicant requested a sidewalk around the cul -de -sac and along the west side of Prairie Court not be required. Mr. Harper stated that Staff feels that a sidewalk should not be required because no houses are on the west side. This request would not only save fir. the applicant money, but save green space. kire Board of Adjustment Meeting Minutes January 24, 1990 Page 2 Mr. Harper stated that he had another matter that he would like the Board to consider. Mr. Harper stated that Staff and Mr. Ward had talked, after the packets had been distributed, about various alternatives that he could employ and still observe The State Health Department Regulations as far as lot sizes. Should he be denied the five foot setback, there is an alternative that Senior Planner Harper could recommend, and that would be instead of requiring a 24 ft. wide paved street for seven homes, Staff would suggest that the Board allow him to reduce the street to 20 ft. (two ten ft. lanes). Basically, the road width is justified because there would be 70 trips per day using the small side street. Staff would like the Board to consider the street reduction. Included in the packets was a letter from James Coschignano, Ocoee's Fire Inspector regarding the request for a variance on the cul -de -sac right of way radius from the 55 ft. as outlines in Ordinane 895 to a radius of 50 ft. He stated that he had reviewed the Preliminary Plan for the Prairie Oaks subdivision err and had no objection to their request as long as the paved turn around radius of 45 ft. is not affected and will comply with the Ordinance. The Subdivision Regulations call for two "No Parking" signs in the cul -de -sac and Mr. Ward would comply with that requirement. Mr. Ward made his presentation. First, he talked about the cul- de -sac. He requested a reduction in the turnaround radius from 55 to 50 feet. He continued by explaining what would happen if he didn't get the reduction. He would lose Lot 7. Mr. Ward mentioned the letter from Fire Inspector Coschignano, and stated that the Inspector wants the 45' paved radius and Mr. Ward would comply. Mr. Colburn questioned Mr. Ward's feelings on the reduction of the width of the road. Mr. Ward presented and passed out an aerial and sketch of the road. He had highlighted the location of trees that could be saved if the road was reduced to 20 ft. He stated that he would like to see the road width reduced to 20 ft. Mr. Ward brought up another point for the Board to consider. If he was held to meet the 55 feet cul -de -sac code requirement that he would be forced to cut 10 feet into lot 7, which would reduce the net development density of lot 7 below the one - quarter acre `fir..► State of Florida septic tank sizing regulations, by increasing the impervious surfaces. r Board of Adjustment Meeting Minutes January 24, 1990 Page 3 Mr. Harper stated that if the City allowed for the street to be narrowed by 4 ft. that would allow a sufficient narrowing of the lots to still be well within the City and State regulations and still have a 55 feet radii. Chairman Beatty gave his personal observation regarding the reduction of the roadway. He stated that it has been the Board of Adjustment Members policy not to consider a variance that has not been advertised nor a staff report written up. Therefore, in the reduction of the road from 24 ft. to 20 ft. he would not recommend any action take place. Chairman Beatty continued with the two items that were discussed earlier. Chairman Beatty briefly went over the total packet. He commented that he would be in favor of the reduction in the turnaround radius from 55 ft. to 50 ft. He continued by stating that fire and emergency access would be of some concern to him, but since there was a letter from the Fire Captain stating there was no problem, then he had no problems with the request. %ilb" Secondly, Chairman Beatty stated that he had no problem with recommending that a sidewalk not be required on the west side of Prairie Court. Mr. Ward stated to the Board Members that there is a sixty (60) feet active railroad line located at the north end of the subject parcel right -of -way and that the Railroad owns the tracks. If the Railroad sells, then the property can be bought by whomever and then the adjacent owners can negotiate. Mr. Ward commented that he was the owner of the property to the north of the railroad tracks. Mr. Rhodes moved to recommend to the Board of City Commissioners to approve, 1) The variance of the sidewalk which would not require the developer to have a sidewalk around the cul -de -sac and on the west side of Prairie Court. 2) The variance for the reduction of the cul -de - sac from 55ft. to 50 ft., and 3) The paved roadway be reduced from 24 ft. to 20 ft. This motion died for a lack of a second. Chairman Beatty commented to the Members that he did not worry about setting a precedent on the project. This small subdivision is one in a hundred. Board of Adjustment Meeting Minutes January 24, 1990 Page 4 Board Member Boggs moved to recommend to the Board of City Commissioners that the variance be granted to eliminate the sidewalk on the west side of Prairie Court and that the variance be granted to reduce the turnaround radius from 55 ft. to 50 ft. due to the unusual circumstances of the location and position of the cul -de -sac. The motion was seconded by Vice - Chairman Colburn and the motion was approved unanimously. OTHER BUSINESS: None COMMENTS: PLANNING DIRECTOR No comments from the Planning Director BOARD MEMBERS No comments from the Board Members Nim '" CITIZTENS No comments from the Citizens. ADJOURNMENT: Board Member Boggs moved to adjourn the meeting, Board Member Wix seconded, and the motion was approved unanimously. The meeting adjourned at 8:20 p.m. ;;;e :141111‘ 1( CHAI'MAN BE QTY ATTEST: SECRETARY K NG