1. APRIL 19, 2011 BCC PUBLIC HEARING ON BZA #VA-10-12-097, December 2, 2010 APPLICANT: AMOS and IRIT VIZER APPELLANT: KENDELL KEITH

2. BACKGROUND CASE #:VA-10-12-097 APPLICANT:Amos and Irit Vizer REQUEST:Variance in R-1A zone to construct accessory structure (boat dock) without a principal use (single family dwelling) ZONING:R-1A TRACT SIZE: 214 ft. x 50 ft. LOCATION:North side of Killarney Drive, north of W. Fairbanks Avenue, south of Lee Road (1821 Killarney Drive) DISTRICT:#5

3. CHAPTER 38 – ZONING CODE, ARTICLE IV, Sec. 38-79 (114) Location and size requirements of accessory buildings and uses in residential and agricultural areas:

4. ZONING MAP

5. AERIAL 1821 Killarney Drive

6. PROPOSED SITE PLAN

7. PROPOSED ELEVATION PLAN

9. SUBJECT PROPERTY 1821 Killarney Dr.

10. EASTERLY VIEW Killarney Drive Subject

11. WESTERLY VIEW Subject Killarney Drive

12. SITE PHOTOGRAPH Subject Killarney Drive

13. SFRS OPPOSITE SUBJECT PROPERTY 1800 KILLARNEY DRIVE 1812 KILLARNEY DRIVE 1828 KILLARNEY DRIVE

14. SFR OPPOSITE SUBJECT PROPERTY This property was once tied to the subject parcel (1821 Killarney Drive) through same ownership with separate tax parcels. 1822 Killarney Drive

15. HOMES W/LAKEFRONT LOTS ON KILLARNEY DRIVE HOMES W/LAKEFRONT LOTS ON KILLARNEY DRIVE SUBJECT Kiwanis Club Lot that was previously associated with lake front parcel.

16. DISTANCE MAP: Primary residence to Subject property; 2.68 miles SUBJECT HOMESTEAD

17. AERIAL 1900 Staunton Ave.; Property applicant proposes to purchase.

18. PROPERTY APPLICANT PROPOSES TO PURCHASE 1900 Staunton Ave.

19. BZA FINDINGS Applicants homestead is remote from the site. Owners of similar lots reside on Killarney Drive or in the neighborhood. Impact on neighbors should large events occur at the site. Granting variance would confer special privilege to someone who does not reside in the neighborhood. No similar variance granted. Approval would establish precedent if request were approved.

20. COMMUNITY FEEDBACK Additional traffic/traffic congestion Pedestrian safety Parking vehicles on a narrow street (Killarney Drive) No bathroom facilities Use may produce litter and loitering with persons visiting the property Concern how future owners would use the property, if variance request were approved Applicant not a stakeholder; does not live in the neighborhood

21. COMMUNITY FEEDBACK (Commentaries Received) OPPOSED - 5 IN FAVOR - 0

22. BZA RECOMMENDATION Deny the Variance request in that the request did not meet the requirements governing variances as spelled out in Section 30-43, Orange County Code. (Unanimous vote)

23. BCC ACTION REQUESTED ACTION REQUESTED: Deny the request consistent with the BZAs recommendation on December 2, 2010.

24. APRIL 19, 2011 BCC PUBLIC HEARING ON BZA #VA-10-12-097, December 2, 2010 APPLICANT: AMOS and IRIT VIZER APPELLANT: KENDELL KEITH

25. BZA CONDITIONS Development in accordance with site plan dated Received November 4, 2010 and all other applicable regulations. Boat dock use is restricted to the property owner(s) of record and their guests, for their personal use only. Subject parcel (1821 Killarney Dr.) shall not be transferred or sold as a separate parcel and shall be tied to 1900 Staunton Avenue with same tax parcel ownership. Prior to the issuance of any permits, the applicant shall obtain a flood plain permit. Applicant shall comply with all Orange County Environmental Protection Division requirements.

26. SITE PHOTOGRAPH

27. 1801 KILLARNEY DRIVE

28. MISCELLANEOUS

29. CHAPTER 38 – ZONING CODE, ARTICLE IV, Sec. 38-79 (114)

30. VARIANCE CRITERIA

31. BZA CONDITIONS Development in accordance with site plan dated Received November 4, 2010 and all other applicable regulations. Boat dock use is restricted to the property owner(s) of record and their guests, for their personal use only. Subject parcel (1821 Killarney Dr.) shall not be transferred or sold as a separate parcel and shall be tied to (street address) with same tax parcel ownership. Prior to the issuance of any permits, the applicant shall obtain a flood plain permit. Applicant shall comply with all Orange County Environmental Protection Division requirements.