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BCC APPEAL HEARING ON BZA #SE-13-05-021, MAY 2, 2013 APPLICANT/APPELLANT: JAIGOPAUL BISNAUTH

BCC APPEAL HEARING ON BZA #SE-13-05-021, MAY 2, 2013 APPLICANT/APPELLANT: JAIGOPAUL BISNAUTH. JUNE 18, 2013. SPECIAL EXCEPTION STANDARDS UNDER FLORIDA LAW.

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BCC APPEAL HEARING ON BZA #SE-13-05-021, MAY 2, 2013 APPLICANT/APPELLANT: JAIGOPAUL BISNAUTH

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  1. BCC APPEAL HEARINGONBZA #SE-13-05-021, MAY 2, 2013APPLICANT/APPELLANT: JAIGOPAUL BISNAUTH JUNE 18, 2013

  2. SPECIAL EXCEPTION STANDARDS UNDER FLORIDA LAW • The applicant for the special exception request has the initial burden of demonstrating that his/her request is consistent with the comprehensive policy plan and meets the criteria for granting the special exception; and (2) If the applicant carries that initial burden, the burden shifts to those opposing the special exception to show by competent substantial evidence that the request is not consistent with the comprehensive policy plan and does not meet those criteria.

  3. BACKGROUND CASE #: SE-13-05-021 APPLICANT: Jaigopaul Bisnauth REQUEST: Special Exception in R-2 zone to construct a 2,359 sq. ft. religious use facility and variances to allow unpaved parking and non-residential traffic on a residential street. ZONING: R-2 TRACT SIZE: 31,286 sq. ft. LOCATION: North side of W. Amelia St., the west side of Paul Ave. and south of SR 408. DISTRICT: #6

  4. ZONING MAP

  5. AERIAL SITE

  6. SURROUNDING LAND USES SFR’s SFR’s SFR’s SFR’s SFR’s SFR’s SFR’s SFR’s SFR’s SFR’s

  7. AREA CHURCHES Subject property Church 1970 Church 1975 Church 1998 Church 1980 Church 1968 Church1970 Church 1935

  8. SITE PLAN

  9. ELEVATION

  10. SITE PHOTOGRAPH LOOKING EAST FROM KIRK AVE.

  11. Residence to remain off Paul St. LOOKING WEST FROM PAUL STRETT RELIGIOUS USE BUILDING TO BE LOCATED BEHIND THE RESIDENCE

  12. KIRK AVENUE PHOTOGRAPH SUBJECT SITE

  13. NE CORNER OF KIRK AVE. AND AMELIA AVE. PROPOSED CHURCH LOCATED BEHIND TREES PROPOSED RETENTION AREA

  14. PROJECT SUMMARY • Hours of operation: Fridays 7pm to 9pm and Sundays 10am to 1pm • 60 seats maximum • No outdoor events are proposed • No full time employees are proposed • Existing residence will remain as caretaker’s residence • New 2,539 sq. ft. temple to be constructed • 20 total parking spaces (grassed) • Tract size: 31, 286 sq. ft. • FLUM designation: Low Density Residential • Access: Kirk Avenue and Paul Street • Community Meeting: 4/17/2013 (Approx. 30 attendees)

  15. PUBLIC FEEDBACK • Community Meeting: 4/17/13 • Approx. 30 people in attendance • BZA hearing: 2 persons spoke in favor; 2 spoke in opposition • Staff received 1 commentary in favor; 8 commentaries in opposition

  16. BZA FINDINGS • Proposed use is not compatible with the existing single family residential uses in the area

  17. BZA RECOMMENDATION • Denied the Special Exception request in that the BZA found it did not meet the requirements governing Special Exceptions as spelled out in Orange County Code Section 38-78 and that the granting of the Special Exception does adversely affect the general public interest (Unanimous 6-0 Vote) Commissioner Seybold abstained

  18. BCC ACTION REQUESTED Deny the request consistent with the Board of Zoning Adjustment’s recommendation

  19. BCC APPEAL HEARINGONBZA #SE-13-05-021, MAY 2, 2013APPLICANT/APPELLANT: JAIGOPAUL BISNAUTH JUNE 18, 2013

  20. CONDITIONS IF BCC APPROVES • Development in accordance with site plan dated January 28, 2013 and all other applicable regulations. Any deviations , changes , or modifications to the site plan are subject to the Zoning Manager’s approval. The Zoning Manager may require the changes be reviewed by the Board of Zoning Adjustment (BZA) for administrative approval or to determine if the applicant’s changes require another BZA public hearing; • Approval is for a maximum of 60 members; • Outdoor events shall be prohibited; • Hours of operation shall be restricted to Fridays from 7:00pm to 9:00pm and Sundays 10:00am to 1:00pm; • There shall be no outdoor electronic amplification of sound; • Drive aisles and handicap spaces shall be paved; • Access, drainage and roadway improvements shall be determined by the Public Works Department;

  21. CONDITIONS IF BCC APPROVES 8. Approval of this request does not constitute approval of any parking located in the public right-of-way; • Compliance with Chapter 24, Orange County Code to the greatest extent possible; • Failure to comply with the above conditions shall result in code enforcement action.

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