CITY OF WILLISTON 30ARD OFADJUSTMENT AGENDA

DATE: TIME: PLACE:

August 24, 20 6:00PM

City Council Chambers

BOARD OF ADTUSTMENT/COIJE ENFORCEMENT COMMITTEE MEMBERS:

Sharon Brannan, Chair Staff

Vacant Jackie Gorman, Community Dev & Grants Mgr.

Colette Roth Laura Jones, Secretary

Marc Pompeo Wayne Carson, Code Enforcement Officer

David Ragland Frederick Koberlein, City Attorney Paul Missall

PamMyhree

BOARD OF AD[USTMENT

1. CALLTOORDER

   
   

2. PLEDGE

   
   

   1. ROLLCALL

      
      

   2. GENERAL WELCOME

      
      

   3. SECRETARY - BOARD MEMBER TERM UPDATE D.APPROVALOFAGENDA

1. APPROVAL OF MINUTES

   1. JULY 27, 2020

   
   

2. REMARKSOFSTAFFORATTORNEY

   
   

3. REMARKS OF CHAIRMAK

   
   

4. SWEAR IN - BOARDSECR3TARY

1. VARIANCE:

   
   

   (1) Variance Application No. VAR 2020-1; Paul Roth -100 SW 9th Street- an application by the City of Williston requesting a Variance to Article VI, Residential Single-Family District, Section 60-217 Minimum Ya...d Requirements reducing the required front yard setback from 35' to 22.2' for property describ6d as follows:

   
   

   Lot 7, Block B, CAME.!.LIA PLANTATION, PHASE 2, according to the plat thereof recorded in Plat Book 10_. Page 25, Public Records of Levy County, Florida.

2. OLD BUSINESS

3. ADJOURN

CITY OF WILLISTON

BOARD OF ADJUSTMENT/ CODE ENFORECMENT MINUTES JULY 27, 2020

BOARD OF ADJUSTMENT/ CODE ENFORECMENT COMMITTEE MEMBERS:

Staff

Sharon Brannan, Chair Marc Pompeo, Vice Chair Colette Roth

Paul Missall Pam Myhree David Ragland Vacant

BOARD OF ADJUSTMENT CALL TO ORDER

6:00 PM

PLEDGE ROLL CALL

All Present

Jackie Gorman, Community Development Grants Mgr. Laura jones, Secretary of the Board

Wayne Carson, Code Enforcement Officer Frederick Koberlein, City Attorney

GENERAL WECOME NOTICE BY CHAIRWOMAN

SECREARTY -BOARD MEMBER TERM UPDATE

Ms. Jones requested all members to vocalize their intention to remain on the Board. Three-Year terms need to be renewed by City Council. No business can be voted on today.

NEW BUISNESS

Ms. Brannan discussed Chapter 48 and Block 12 improvements. Ms. Gorman said it was well done asked that the board look at it again and she will take it to Planning & Zoning to finalize. Ms. Brannan believes there needs to be minimum standards for the businesses in town. Ms.

Gorman did send a letter to the owners of Block 12 and she has heard back from one owner and they were not interested. Ms. Brannan does not think volunteers should get on the second story. Ms. Gorman agreed.

Ms. Gorman asked for a continuance of the Variance for Mr. Roth. She requested a meeting in two weeks, Monday August 10, 2020 to vote on the Variance.

Ms. Gorman discussed foreclornre process. Mr. Missall said this board levies fines and Council decides if they will foreclose. Mr. Koberlein cleared up the process by saying it is up to Council to budget the foreclosure execution after this Board files the lien. This board is adjudicatory and decides on the fine. The law says this Board will determine foreclosure, but in reality, the Council has the budget to determine foreclosure. Court and attorney fees apply to foreclosures so Council has to have the final say on foreclosures. Mr. Koberlein discussed

the age of these liens and when the foreclosure process can begin. In recent years, there has been a budget for three foreclosures. Ms. Brannan said the City doesn't want to own all these properties and they need to be discussed case-by-case basis for foreclosures. The City recently went through three test cases and they were resolved. Mr. Koberlein explained if you allow the fines to accrue too much you open the door to additional legal issues including the 8111 amendment. Mr. Missall asks is they have to vote on a lien. Mr. Koberlein explained that it is automatic once the fines are filed. Ms. Jones (audience) does not think that Council understood that the liens were filed and it appears they have fallen through the cracks and that

is why some of the fines are so high. Mr. Koberlein said there is not one lien less than 3 years old and it may be an issue of staggered terms as the foreclosures come up and then the discussion gets lost. Ms. Gorman told the Board about the new software that will help with tracking code enforcement in be future.

Ms. Brannan feels like this board has been understaffed and she is glad there is now a staff devoted to them.

Mr. Carson brought up email addresses. Ms. Jones will assist everyone in getting to their City emails.

Ms. Brannan asked the board i: they have their Rules and Procedures book and Land and Development Regs. Ms. Gorrr:.an suggested everyone refers to the Municode website instead of updating the hard copy.

ADJOURNMENT 6:52PM

Sharon Brannan, Chair Laura Jones, Secretary NEXT MEETING -AUGUST 10, 2020

NOTICE:

IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THIS COMMITTEE WITH RESPECT TO ANY MATTER CONSIDER.ED AT SUCH MEETING OR HEARING, THEY WILL NEED A RECORD OF THE PROCEEDING, AND FOR SUCH PURPOSE, THEY MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.

RESOLUTION 2020-36

A RESOLUTION OF TH3 CITY OF WILLISTON, LEVY COUNTY, FLORIDA, BOARD OF ADJUSTMENT/CODE ENFORCEMENT BOARD OF THE CITY OF WILLISTON, FLORIDA; GRANTING WITH APPROPRIATE CONDITIONS AND SAFEGUARDS, A GENERAL VARIANCE TO ARTICLE VI, RESIDENTIAL SINGLE­ FAMILY DISTRICT, SECTION 60-217 MINIMUM YARD REQUIREMENTS REDUCING THE REQUIF_ED FRONT YARD SETBACK FROM 35' TO 22.2' FOR PROPERTY DESCRIBED EEREIN.

WHEREAS, the City Council of the City of Williston, Florida, did on May 7, 2002 validly approve the Land DE-velopment Regulations; and

WHEREAS, Chapter 46 of the City of Williston Land Development Regulations, as amended, empowers the Board of Adjustments/Code Enforcement Board of the City of Williston, Florida, to grant v,ith appropriate conditions and safeguards or to deny general Variances; and

WHEREAS, a petition, VariE.nce 2020-01, for a general variance, has been filed; and

WHEREAS, the Board of Acjustment is empowered to grant a general variance to the provisions of Chapter 60, Section 217 (Minimum Yard Requirements); and

WHEREAS, pursuant to the Land Development Regulations, the Board of Adjustment held the required public hearing, with public notice having been provided on said petition for a general variance, as described below, and considered all comments received during said public hearing; and

WHEREAS, the Board of A:.justment has determined and found that with appropriate conditions and safeguards a petition for a general variance, as described below, would promote the public health, sa:::=ty, morals, order, comfort, convenience, appearance, prosperity or general welfare; 1nd

WHEREAS, the Board of Acjustment has determined and found that the general variance is generally compatible with acjacent properties, other property in the district and natural resources; and

WHEREAS, the Board of Acjustments, has determined and found that:

1. Special conditions and ::ircumstances exist which are peculiar to the land, structure, or building involved aod which are not applicable to other lands, structures, or buildings in the same z Jning district.

2. The special conditions and circumstances do not result from the actions of the applicant.

3. Granting the variance .:equested will not confer on the applicant any special privilege that is denied by these land development regulations to other lands, buildings, or structures in the same 3oning district.

4. Literal interpretation of the provisions of these land development regulations would deprive the applicant the rights commonly enjoyed by other properties in the same zoning district under tlte terms of these land development regulations and will not be contrary to the public ilterest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of these land developme!lt regulations would result in unnecessary and undue hardship on the land.

5. The variance granted the minimum variance that will make possible the reasonable use of the land, buildi , orstructure.

6. The grant of the variance will not be contrary to the public interest and where, owing

to conditions peculiar 1o the property and not the result of the actions of the applicant, a literal enfo.:cement of these land development regulations would result in unnecessary and undue hardship on the land.

NOW, THEREFORE, BEIT RESOLVED BY THE BOARD OF ADJUSTMENT/CODE ENFORCEMENT BOARD OF THE CITY OF WILLISTON, FLORIDA, :HAT:

Section 1. Pursuant to a petition, Variance 2020-01, by the City of Williston, Florida for Paul Roth requesting a variance to Article VI, Residential Single-Family District, Section 60-217 Minimum Yard Requirements is approved, therefore reducing the required front yard setback from 35' to 22.Z for property described as follows:

Lot 7, Block B, CAMELLIA PLANTATION, PHASE 2, according to the plat thereof recorded in Plat Book 10, Page 25, Public Records of Levy County, Florida.

Section 2. Severability. If any provision or portion of this Resolution is declared by any court of competent jurisdicti,)n to be void, unconstitutional or unenforceable, then all remaining provisions and pcrtions of this Resolution shall remain in full force and effect.

Section 3. Effective Date. Thi3 Resolution shall become effective immediately upon approval by the Board of Adjustment/ Code Enforcement.

PASSED AND DULY ADOPTED, with a quorum present and voting by the Board of Adjustment of the City of v\.'illiston, Florida, this 24th day of August 2020.

ATTEST: BOARD OF ADJUSTMENT /CODE ENFORCEMENT OF THE CITY OF WILLISTON

Laura Jones

Secretary

Sharon Brannan

Chairman

Fred Koberlein, City Attorney

- Variance pplication 2020-01; an application by the City of Williston requesting a Variance to Arti.de VI, Residential Single-Family District, Section 60-217 Minimum Yard Requirements reducing the required front yard setback from 35' to 22.2' for property described as followrs:

Lot 7, Block B, CAME:::..LIA PLANTATION, PHASE 2, according to the plat thereof recorded in Plat Book 10. Page 25, Public Records of Levy County, Florida.

Applicant: Project:

CITY OF WILUSTON

New Single-Farr.ily Residence

Public Hearings: Board of Adjustmat -Monday July 27, 2020 6:00 PM

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SUMMARY

The existing Camellia Plantation, Pha 2 was annexed in 2005 and consists of 26.170 acres. Since the property was annexed, the City failed to assign a. Zoning designation that has led to several issues with setbacks. Currently we have a situation concerning a new tome that does not meet the required 35' setback. During the site plan review, information in the Camellia Plantation file lead staff to believe the property was zoned Rl-A which has 30' setback requirements. It wasn't until later it was discovered that the plat required 35' which is the setback requirement for R-1 Zoning. After fwrther research we found that an Ordinance was never adopted giving this development a zoning designation and the new home was non-compliant since it did not meet the required setback of 35'. Camellia Plantation Pmse 2 Rezoning to R-1 was approved on June 16, 2020.

The existing land use is residential. C::mellia Plantation Phase 2 currently meets the minimum requirements for R-1 zoning.

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Staff Recommendation:

Approval to reduce the required setbacks for R-1 Zoning from 35' to 22.2' for Lot 7, Block B, CAMELLIA PLANTATION, PHASE 2, according to the plat thereof recorded in Plat Book 10, Page 25, Public Records of Levy County, Florida.

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