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?