P & Z Minutes 09/10/2008 - Laserfiche WebLink

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Planning & Zoning Commissionl local Planning Agency September 10, 2008 Page 4 016 Buchanan asked if there was anyone in the audience who wished to speak in favor of, or in opposition to, the request. Mr. John Casselberry, 700 South Lost Lake Lane, Casselberry, Florida came forward. Mr. Casselberry said the Florida Department of Transportation (FDOT) has a tendency in road widening projects to take all the land from one side of the road. Mr. Casselberry said that FOOT told him that taking the property from one side reduces the number of property owners involved in the project and it cost less in legal fees in condemnation procedures. He said FDOT will pay above the appraised value to avoid the taking being contested. He suggested that the City have a condemnation process that has the least amount of impact on neighborhoods and the financial budget of the City. In response to the Commission's question, Ms. Drage suggested revising the language in the following sections of the ordinance to read: E.1 Existing characteristics of use which become nonconforming or increase in nonconformity as a result of a taking, including but not limited to, minimum lot size, setbacks, open space, off-street parking, landscape requirements, drainage and retention shall be required to meet code requirements to the greatest extent possible, to the satisfaction of the Administrative Official or designee. Thereafter, the existing characteristics of use shall be deemed conforming only to the extent of those nonconformities caused by the governmental or public agency's acquisition. Waivers, exceptions or variances shall not exceed a thirty percent (30%) reduction of the required parking standard, fifty percent (50%) reduction in the required front yard, elimination of the street front landscape strips, or reduction in drainage and retention that does not meet the minimum requirements of the Sf. Johns River Management District. Any further expansion or enlargement thereof shall be in accordance all applicable code requirements. E.3 If any legally existing structures (principal or accessory), or vehicular use area must be relocated as a direct result of the governmental taking, or as a result of safety concerns, if allowed to remain after the taking, then the Administrative Official, or designee, the Building Official and Fire Marshal may allow the relocation of the structure on the remaining property, so as to comply with all applicable regulations to the greatest extent practicable, as determined by the Administrative Official or designee. If the relocation results in substandard characteristics of use, It shall be deemed thereafter to be conforming but only to the extent of those nonconformlties caused by the governmental or public agency's acquisition. Any future expansion or enlargement thereof shall be in accordance with all applicable code requirements. E.6 Where part of a principal structure is taken, the reconstruction of the taken structure (same size and use) may be permitted. The reconstruction must meet city codes to the greatest extent possible, to the satisfaction of the Administrative Official or designee. The reconstructed structure must meet the requirements of the Florida Building Code and Florida Fire Prevention Code as determined by the Building Official and Fire Marshal. The reconstructed structure shall thereafter be deemed conforming as to those nonconformlties caused by the governmental or public agency's acquisition.