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BCC Called Public Hearing on BZA #VA-07-01-016, 1/4/07 Applicant: Dan Becker

BCC Called Public Hearing on BZA #VA-07-01-016, 1/4/07 Applicant: Dan Becker. March 20, 2007. BACKGROUND. Case: BZA #VA-07-01-016 Applicant: Dan Becker Request: Variances in R-1AA zone to construct pool/pool deck as follows:

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BCC Called Public Hearing on BZA #VA-07-01-016, 1/4/07 Applicant: Dan Becker

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  1. BCC Called Public HearingonBZA #VA-07-01-016, 1/4/07Applicant: Dan Becker March 20, 2007

  2. BACKGROUND Case: BZA #VA-07-01-016 Applicant: Dan Becker Request: Variances in R-1AA zone to construct pool/pool deck as follows: 1. Pool: 9.5 ft. from normal high water elevation of Lake Tibet-Butler in lieu of 35 ft.; 2. Pool Deck: 6.9 ft. from normal high water elevation of Lake Tibet-Butler in lieu of 35 ft. Tract Size: 1/3 acre Location: East side of Bay Point Drive, west of Apopka- Vineland Rd. District: #1

  3. ZONING MAP Lake Tibet-Butler Subject property Lake Tibet-Butler

  4. AERIAL MAP House under construction

  5. SITE PLAN 100 YR. FLOOD ELEVATION = 102.2 ft. NHWE = 99.5 ft. NHWE = 99.5 ft. SWALE SWALE PROPOSED FINISHED FLOOR ELEVATION OF POOL & DECK = 103.4 ft.

  6. LAKE TIBET-BUTLER DATA • NHWE: 99.5 ft • 100 Year Flood elevation: 102.2 ft. • Finished Floor elevation of house: 104 ft. • Proposed Finished Floor elevation of pool/pool deck: 103.4 ft.

  7. SITE PHOTO

  8. SITE PHOTO

  9. SITE PHOTO

  10. SITE PHOTO

  11. STAFF ANALYSIS • House is 60% complete • Variance is for pool and pool deck • Proposed pool deck is 6.9 ft from NHWE and proposed pool is 9.5 ft. from NHWE • Bay Point Homeowners Association supports the request • Orange County has approved 10 variances on Bay Point Drive from NHWE • Applicant proposes berm and swale along rear of lot (not a BZA condition of approval)

  12. PREVIOUSLY APPROVED VARIANCES FROM NHWE POOL 23’ SFR 21’ SFR 17’ POOL 9’ POOL 15’ Subject lot POOL 5’ PORCH 13’ POOL 7’ ADDITION 33’ POOL 30’

  13. BZA FINDINGS • Consistent with past approvals • Hold Harmless Agreement required • Bay Point HOA supports the request • No opposition

  14. BZA RECOMMENDATION Approvedthe Variance request in that the Board made the finding that the requirements of Orange County Code, Section 30-43 have been met; further, said approval is subject to four (4) conditions (unanimous)

  15. BZA CONDITIONS • Development in accordance with site plan dated January 23, 2007 and all other applicable regulations; • Approval of this request does not constitute approval of the use of septic tank and well. The use septic tank and well shall be in accordance with all applicable regulations; • Prior to the issuance of any permits, the applicant shall obtain a flood plain permit; and • Prior to the issuance of a building permit, the property owner shall record in the official records of Orange County an Indemnification/Hold Harmless Agreement which indemnifies Orange County from any damages caused by flooding and shall inform all interested parties that the pool and pool deck is located no closer than 9.5 ft. and 6.9 ft., respectively, from the normal high water elevation of Lake Tibet-Butler.

  16. BCC ACTION REQUESTED ACTION REQUESTED: Approve the request subject to the Board of Zoning Adjustment’s conditions and new condition #5 to read, 5. Prior to final inspection approval, a berm and swale shall be installed above the normal high water elevation along the rear of the property.

  17. BCC Called Public HearingonBZA #VA-07-01-016, 1/4/07Applicant: Dan Becker March 20, 2007

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