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October 9, 2007

BCC Called Public Hearing on BZA #VA-07-08-026, 8/2/07 APPLICANT: Medianet of Central Florida Inc. October 9, 2007. BACKGROUND. CASE: BZA #VA-07-08-026 APPLICANT: Medianet of Central Florida, Inc. REQUEST: Variances for billboard as follows:

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October 9, 2007

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  1. BCC Called Public HearingonBZA #VA-07-08-026, 8/2/07APPLICANT: Medianet of Central Florida Inc. October 9, 2007

  2. BACKGROUND CASE: BZA #VA-07-08-026 APPLICANT: Medianet of Central Florida, Inc. REQUEST: Variances for billboard as follows: 1) 70 ft. in height in lieu of 40 ft. 2) 25 ft. setback in lieu of 50 ft. from R/W line on south. ZONING: Ind-4 (Heavy Industrial) TRACT SIZE: 20 ft. x 50 ft. LOCATION: Within Seaboard Coastline railroad R/W between Overland Road on west and S. Apopka Boulevard on east (visible to Maitland Blvd. Extension East of Overland Road) DISTRICT: #2

  3. ZONING MAP

  4. AERIAL

  5. Aerial: FDOT Improvements/Billboard Location R/W Line Approx. Billboard Location Maitland Blvd Ext.

  6. BILLBOARD WITH AND WITHOUT VARIANCE Billboard with Variance Billboard without Variance

  7. BILLBOARD SETBACK: Without Variance

  8. BILLBOARD SETBACK: With Variance

  9. SITE PHOTOGRAPH

  10. SITE PHOTOGRAPH:Looking West

  11. STAFF ANALYSIS • Applicant proposing 14’ x 48’billboard. • Applicant obtained Zoning approval on August 26, 2006, the building permit was issued on 4/26/07 for billboard (40 ft. high) in compliance with Zoning Code. • Applicant subsequently learns improvements to the Maitland Blvd. Extension resulted in need for height and setback Variances for billboard. • Height Variance due to Maitland Blvd. extension height 50 ft. above grade. Setback Variance due to new R/W line established by FDOT for retention pond parcel created for road project.

  12. BZA FINDINGS • Twenty-eight letters of no objection from neighboring property owners submitted. Two commentaries received in opposition. • One resident in neighborhood to south spoke in opposition. 3. New road elevation will block view of sign, and setback for new R/W line will result in skewed sign view without Variance relief. 4. Two (2) BZA members concerned Variance approval would result in more billboards being constructed along the new roadway. 5. Majority of BZA members disagreed, stating the amount of billboards is controlled by zoning separation requirements. Found applicant’s request a unique circumstance. Further, found the hardship is not self-imposed, and that the applicant acted in good faith.

  13. Maitland Blvd. ExtensionConstruction Schedule AUGUST 26 – ZONING APPROVES APRIL, 2007 – PERMIT ISSUED • Review of application began before alignment finalized • Roadway elevation anticipated over rail line • Ifsite selected on speculation, it could be considered a self-imposed hardship

  14. BZA RECOMMENDATION Approved the Variance request in that the Board made the finding that the requirements of Orange County Code, Section 30-43, have been met. (4 in favor; 2 opposed)

  15. BCC ACTION REQUESTED ACTION REQUESTED: Approve the request consistent with the Board of Zoning Adjustment’s recommendation. OR Deny the request in that it does not meet the Variance criteria outlined in Section 30-43, Orange County Code, Specifically, 30-43 (3) (c) (i.e., self-imposed hardship)

  16. BCC CALLED PUBLIC HEARINGonBZA #VA-07-08-026, 8/2/07 APPLICANT: Medianet of Central Florida, Inc. October 9, 2007

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