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Item #20 Resolution to Reduce The Development Review Application Fees for Variances AGENDA ITEM STAFF REPORT Meeting Date: July 17, 2007 Item # ZO Contact Name: Contact Number: Michael Rumer -fY)t2- (407) 905-3100 X 1018 Reviewed By: Department Director: City Manager: ~;l Subject: Resolution to Reduce The Development Review Application Fees For Variances Background Summary: The City Commission requested staff to look into reducing the application costs for obtaining a variance. Staff researched variance fees from other jurisdictions and proposes the Flat Review Fee be decreased from $500 to $250 for Single-Family Residences, all other variance fees be decreased from $750 to $500, and the requirement for the $1,000 deposit be eliminated. Issue: Should the Honorable Mayor and City Commissioners approve the resolution reducing the application fees for Variances? Recommendations Staff respectfully recommends that the Mayor and City Commissioners approve the resolution reducing the variance fees from a $500 Flat Review Fee to a $250 Flat Review Fee for Single-Family Residences, all other variance fees be decreased from $750 to $500, and the requirement for the $1,000 deposit be eliminated. Attachments: Resolution No. Financial Impact: $250 Reduction Per Variance Application. Type of Item: (please mark with an "x'? Public Hearing _ Ordinance First Reading _ Ordinance Second Reading X Resolution _ Commission Approval Discussion & Direction For Clerk's DeDt Use: _ Consent Agenda _ Public Hearing _ Regular Agenda _ Original Document/Contract Attached for Execution by City Clerk _ Original Document/Contract Held by Department for Execution Reviewed by City Attorney Reviewed by Finance Dept. Reviewed by 0 N/A N/A N/A RESOLUTION NO. A RESOLUTION OF THE CITY OF OCOEE, FLORIDA RELATING TO DEVELOPMENT REVIEW FEES; DECREASING THE DEVELOPMENT REVIEW FEES FOR VARIANCES AND PROVIDING THAT SUCH FEES ARE INCLUSIVE OF ALL REVIEW COSTS; ELIMINATING THE REQUIREMENT FOR REVIEW DEPOSITS FOR VARIANCE APPLICATIONS; PROVIDING THAT THIS RESOLUTION IS SUPPLEMENTAL TO PREVIOUS RESOLUTIONS ESTABLISHING A SCHEDULE OF FLAT FEES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 1-12 of Chapter 180 of Code of Ordinances of the City of Dcoee authorizes the City Commission of the City of Dcoee to from time to time adopt by resolution a Schedule of Flat Fees, a Schedule of Review Deposits, and a listing of those Applications for which the Flat Fee includes all Review Costs; and WHEREAS, the City Commission desires to revise the Flat Fee for applications for variances from the Land Development Code. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA: SECTION ONE: Authority. The City Commission ofthe City of Dcoee has the authority to adopt this Resolution pursuant to Section 1-12 of Chapter 180 of Code of Ordinances of the City of Ocoee, Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes. ORLA_ 459091.1 SECTION TWO: Definitions. All terms used in this Resolution shall be construed in accordance with the definitions set forth in Section 1-12.A of Chapter 180 of the Code of Ordinances of the City of Ocoee. SECTION THREE: Revised Schedule of Flat Fees. The City Commission of the City of Ocoee hereby adopts and approves the REVISED SCHEDULE OF FLAT FEES for applications for variances from the Land Development Code, as follows (with additions shown as underlined and deletions as strike-through): a) b) b) SinQ:le Familv Residential Lots: Commereial, Industrial and all Others: $500.00 $750.00 $250.00 All Others (not a simde family residential lot): $500.00 The Flat Fee for applications for variances from the Land Development Code as set forth above shall be inclusive of all Review Costs and no Review Deposit shall be required in connection therewith. SECTION FOUR: Supplemental to Previous Resolutions. This Resolution is supplemental to Resolution Nos. 92-11, 92-19, and any other resolutions which have heretofore been or may from time to time hereafter be adopted by the City Commission of the City of Ocoee pursuant to the provisions of Section 1-12 of Chapter 180 of the Code of Ordinances of the City of Ocoee. SECTION FIVE: Conflicts. All resolutions, parts of resolutions or acts of the City Commission of the City of Ocoee in conflict herewith are hereby repealed and rescinded. ORLA_ 459091.1 SECTION SIX: Severability. If any section, subsection, sentence, clause, phrase or portion of this Resolution is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereof. SECTION SEVEN: Effective Date. This Resolution shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this _ day of ,2007 APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Beth Eikenberry, City Clerk S. Scott Vandergrift, Mayor (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA. APPROVED AS TO FORM AND LEGALITY THIS DAY OF , 2007 APPROVED BY THE OCOEE CITY COMMISSION ON THE ABOVE DATE UNDER AGENDA ITEM NO. FOLEY & LARDNER LLP By: City Attorney ORLA_ 459091.1