april 8, 2008 bcc public hearing on bza # se-08-01-008 applicant/appellant: fernanda curione
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April 8, 2008April 8, 2008
BCC PUBLIC HEARINGON
BZA # SE-08-01-008
APPLICANT/APPELLANT: Fernanda Curione
BCC PUBLIC HEARINGON
BZA # SE-08-01-008
APPLICANT/APPELLANT: Fernanda Curione
CASE: SE-08-01-008
APPLICANT: Fernanda Curione
REQUEST: Special exception in R-CE zone to allow a Children’s Day Care Center for up to 40 children.
ZONING: R-CE
TRACT SIZE: 100 ft. x 204 ft.
LOCATION: West side of Hempel Avenue, east of Maguire Road, south of Apopka-Vineland Road
DISTRICT: #1
CASE: SE-08-01-008
APPLICANT: Fernanda Curione
REQUEST: Special exception in R-CE zone to allow a Children’s Day Care Center for up to 40 children.
ZONING: R-CE
TRACT SIZE: 100 ft. x 204 ft.
LOCATION: West side of Hempel Avenue, east of Maguire Road, south of Apopka-Vineland Road
DISTRICT: #1
BACKGROUNDBACKGROUNDBACKGROUNDBACKGROUND
APPLICANT’S PROPOSAL APPLICANT’S PROPOSAL APPLICANT’S PROPOSAL APPLICANT’S PROPOSAL
• Proposed use: Children’s Day Care Center
• # of Clients: 40 children
• Hrs. of operation: 7 a.m. - 6 p.m., Monday – Friday
• # of Staff: 5
• Building Sq. Ft.: 2378 Sq. Ft. (living area)
ZONING MAPZONING MAP
AERIALAERIAL
Lake Olivia
SITE PLANSITE PLAN
SITE PHOTOGRAPHSITE PHOTOGRAPH
Subject
1476 Hempel Avenue
SITE PHOTOGRAPHSSITE PHOTOGRAPHS
AREA PHOTOGRAPHSAREA PHOTOGRAPHS
1480 Hempel Ave.(Adjacent residence)
1477 Hempel Ave.(Directly opposite subject)
STREETSCAPESTREETSCAPE
Hempel Ave.
Subject
SITE PHOTOGRAPHSITE PHOTOGRAPHRear YardRear Yard
FUTURE LAND USE FUTURE LAND USE ELEMENTELEMENT
COMMUNITY FEEDBACKCOMMUNITY FEEDBACKCOMMUNITY FEEDBACKCOMMUNITY FEEDBACK
• COMMENTARIES: JAN BZA: 43 Opposed2
in Favor
FEB BZA: 27 Opposed3 in Favor
• BZA hearing in January was continued for additional public notice and neighborhood meeting (conducted January 30, 19 attendees)
• Members of the public, both in favor and opposition spoke at the BZA hearing.
• Applicant submitted a petition with 56 signatures in favor of the request; 38 of the 56 signatures are clients of the day care center.
OPPOSED/FAVOROPPOSED/FAVORMAPMAP
Hem
pel
Ave
.
Petition in SupportPetition in Support
Names/addresses of persons who utilized day care services at
subject property:
Gotha 1Windermere 6Orlando 18
Others:Ocoee, Apopka, Winter Garden
BZA FINDINGS BZA FINDINGS BZA FINDINGS BZA FINDINGS
• Proposed use is not similar or compatible with the surrounding residential area.
• Proposed use is not consistent with the pattern of existing residential development and the County’s Comprehensive Policy Plan of 1 Dwelling Unit per Acre.
• Proposed use acts as a detrimental intrusion into an existing residential area.
BZA RECOMMENDATIONBZA RECOMMENDATIONBZA RECOMMENDATIONBZA RECOMMENDATION
Denied the special exception request in that the request did not meet the requirements governing special exceptions as spelled out in Section 38-78, Orange County Code. (3 in favor; 2 opposed)
BCC ACTION REQUESTEDBCC ACTION REQUESTEDBCC ACTION REQUESTEDBCC ACTION REQUESTED
ACTION REQUESTED:
Deny the request consistent with the Board of Zoning Adjustment’s recommendation.
April 8, 2008April 8, 2008
BCC PUBLIC HEARINGON
BZA # SE-08-01-008
APPLICANT/APPELLANT: Fernanda Curione
BCC PUBLIC HEARINGON
BZA # SE-08-01-008
APPLICANT/APPELLANT: Fernanda Curione
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