1. January 29, 2008 BCC Called Public Hearing on BZA # SE-07-12-011, 12/6/07 APPLICANT: Ganesh Bansrupan

2. CASE:BZA # SE-07-12-011 APPLICANT:Ganesh Bansrupan REQUEST:Special Exception in R-1 zone to allow existing parking lot in conjunction with office use to the west on Kirkman Road ZONING:R-1 (Single-family residential) TRACT SIZE:50 ft. x 140 ft. LOCATION:Northwest corner of N. Van Buren Avenue and W. Washington Street DISTRICT:#1 CASE:BZA # SE-07-12-011 APPLICANT:Ganesh Bansrupan REQUEST:Special Exception in R-1 zone to allow existing parking lot in conjunction with office use to the west on Kirkman Road ZONING:R-1 (Single-family residential) TRACT SIZE:50 ft. x 140 ft. LOCATION:Northwest corner of N. Van Buren Avenue and W. Washington Street DISTRICT:#1BACKGROUNDBACKGROUND

3. ZONING MAP

4. AERIAL Kirkman Rd. Existing Office Bldg. Proposed parking lot (existing)

5. SITE PLAN Proposed parking lot

6. SITE PHOTOGRAPH Driveway Entry Subject Parking Lot

7. SITE PHOTOGRAPH Subject Parking Lot

8. SITE PHOTOGRAPH SUBJECT PARKING LOT

9. STAFF FINDINGS Result of a complaint to Code Enforcement Division Zoning regulations allow special exceptions in residential districts for parking lots used in conjunction with adjacent office uses, providing use would not materially interfere with nearby residential uses Property is designated Low Density Residential on CPP Future Land Use Map. The on-site zoning (R-1) is consistent with the Future Land Use Map Previous owner used subject property as a parking lot in conjunction with adjacent office use No construction is proposed; Parking lot already exists Staff recommends no vehicular access to N. Van Buren Avenue and a 4 ft. high wrought iron-type fence along the south and east property lines

10. BZA FINDINGS Request is compatible with the adjacent usesRequest is compatible with the adjacent uses Request is reasonable; parking lot existsRequest is reasonable; parking lot exists Perimeter landscaping and fencing will minimize any adverse impacts to surrounding uses and provide visual enhancement to the sitePerimeter landscaping and fencing will minimize any adverse impacts to surrounding uses and provide visual enhancement to the site

11. BZA RECOMMENDATION Approved the Special Exception request in that the BZA found the requests complied with the requirements of Section 30-43, Orange County Code. (Unanimous 6-0 vote)

12. BCC ACTION REQUESTED ACTION REQUESTED: Approve the request consistent with the Board of Zoning Adjustment’s recommendation with the six (6) conditions Approve the request consistent with the Board of Zoning Adjustment’s recommendation with the six (6) conditions.

13. January 29, 2008 BCC CALLED PUBLIC HEARING on BZA # SE-07-12-011, 12/6/07 APPLICANT: Ganesh Bansrupan

14. BZA CONDITIONS 1.Development in accordance with site plan dated November 12, 2007 and all other applicable regulations. Any deviations, changes, or modifications to the 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; 2.There shall be no vehicular access from N. Van Buren Avenue. All access shall be from W. Washington Street;

15. BZA CONDITIONS 3.Within 1 year of BZA approval, the applicant shall install a 4 foot wrought iron-type fence along the south and east property lines. Said fence shall be supplemented with a viburnum hedge 30 inches height at planting; 4.Within 120 days of BZA approval, the applicant shall apply for a building permit for the parking lot; 5.Access, drainage, roadway improvements and concurrency management shall be determined by the Public Works Department; and 6.Failure to comply with the above Conditions of 6.Failure to comply with the above Conditions of Approval shall result in Code Enforcement action, not BZA action.

16. 109 N. Kirkman Road (existing office building) RE: 109 N. Kirkman Road; existing office bldg. used in conjunction with proposed parking lot Aug 1984Building Permit - Single Family Residence May 1986Rezoned - Residential to Professional Office Sep 1987Building Permit - Awning at Office Building Jan 1988Application for Use Permit; Energy Enterprises Oct 1988Building Permit – Ground Sign at Office Bldg. Oct 2004Application for Use Permit; Gator Tours