Hearing Officer: (09/16/2020) VA-20-04 – Alex Valerio Variance

Hearing Officer: (09/16/2020)

VA-20-04 – Alex Valerio Variance – PLN2006-0015

Approval of a front yard setback variance to the setback requirements established in the RSF-6 (Residential Single Family, 6 dwelling units per acre) zoning district by Chapter 4, Table 4-5 of the Manatee County Land Development Code (Ordinance 15-17, as amended) to reduce the minimum front yard setback for a front-loaded detached garage from 25-feet to 20-feet. The site is located at 1355 25th Avenue East, Bradenton, (Manatee County), 34208 approximately 0.2077 acres; providing for severability and providing an effective date.

Hearing Officer: (09/16/2020)

of 9 – VA-20-04 – Alex Valerio Variance – PLN2006-0015

PROJECT SUMMARY

CASE#: VA-20-04 (PLN200-0015)

PROJECT NAME: Alex Valerio Variance

APPLICANT(S): Alex Valerio

REQUEST:

Approval of a variance to the front yard setback requirements established in the RSF-6 zoning district to reduce the minimum front yard setback for a front-loaded detached garage from 25’ to 20’ due to a bona fide staff error.

CASE PLANNER: Achaia Brown, Planner II

STAFF RECOMMENDATION: APPROVAL

SITE CHARACTERISTICS

ADDRESS: 1355 25th Avenue East, Bradenton

GENERAL LOCATION: Lot 10-B Pinealtos Park Subdivision

SIZE: Approximately .2077 acres

EXISTING USE(S): Single-Family Home

PREVIOUS APPROVAL(S): BLD1901-0861

ZONING: RSF-6 (Residential Single Family-6)

FUTURE LAND USE CATEGORY: RES-6 (Residential-6)

OVERLAY DISTRICT(S): N/A

STAFF SUMMARY

The applicant is requesting a variance from the required 25-foot front yard setback for front loaded garages in

the RSF-6 (Residential Single Family-6) zoning as established in the Land Development Code (LDC).

The new single-family home construction was built; however, the front-loaded garage encroaches in the

required front yard setback. The subject property is Parcel ID 4698300003, commonly known as Lot 10-B of the

Pinealtos Park and is located at 1355 25th Avenue East, Bradenton.

Setbacks are established in Tabular Chart 4-5 Schedule of Bulk Dimensional Standards for Agricultural and

Single-Family Residential Districts (Attachment 2) in the Land Development Code. There it lists the

requirements for RSF-6 setbacks for new structures: 20-feet/25-feet front (20-feet without garage and 25-feet

with garage), 8-feet side yard setbacks, and 20-feet rear yard setback. The following is a summary of the key

events leading to the zoning error in the foundation layout, and an analysis of this impact of the error on

adjacent properties.


On January 14th, 2019, Suncoast Architect, Inc submitted architectural renderings and a site plan for Lot 10-B

(Figure 1) showing a proposed house with a 25-foot front yard setback, an 8-foot easterly setback, an 8-foot

westerly setback, and a 20-foot rear setback. The applicant submitted on March 16th, 2019 from Scott Crider, a

certified surveyor, a vacant boundary survey conducted on April 16th, 2018 (Figure 2) to be used in conjunction

with the site plan.

Figure 1: Site Plan of Lot 10-B

In January 2019, the site plan (Figure 1) was submitted as part of Building Permit Application BLD1901-0861

for the construction of a single-family home on Lot 10-B. The site plan submitted by the applicant (Figure 1)

shows the front-loaded garage 25-feet from the front property line to meet County standards. Manatee County

staff acknowledged the code requirements were met and approved (see Figure 3). Following, staff, is to enter

these dimensions into the permitting system for the contractors. The dimensions were incorrect and printed on

the permit card.

The County prefers applicants for new and amended constructions to submit a foundation survey prior to the

final survey, this allots time for surveyors to survey the foundation first and verify that it meets the setbacks.

The surveyors used our permitting information against the new home construction and gathered it met County

requirements. The applicant uploaded the final survey (see Figure 4), staff rereviewed and concluded that the

front-loaded garage no longer met the 25-feet front yard setback as previously approved see Figure 3. The

applicant’s contractors followed the permit card and there it listed the setbacks as: front yard 20-feet, side yard


8-feet, and rear yard 20-feet. The final survey for Lot 10-B shows the rear and side yard proportions to the

property lines exceeded the LDC standards. The final survey shows the front yard does not meet the 25-foot

front yard setback, however, meets the 20-foot front yard setback on the permit card. The applicant was

granted a Temporary Certificate of Occupancy, while the variance application is processed. Granting the

requested variance will have no detrimental impact to adjacent lots in the Pinealtos Park subdivision.

Figure 2: Vacant Boundary Survey of Lot 10-B


Figure 3: Approved Site Plan of Lot 10-B


Figure 4: Final Survey of Lot 10-B

Based upon a review of the prior approvals, a review of historical and archival materials, as well as a review of

the current conditions, and an analysis demonstrating the request at hand meets the review criteria established

in Section 367.5 of the LDC, Staff recommends approval of this Variance request.


COMPLIANCE WITH THE LAND DEVELOPMENT CODE Prohibitions (LDC Section 367.2)

Review Criteria (LDC Section 367.5)

Section 367.2. Prohibitions.

Even if a requested variance complies with the requirements of this Section, such variance shall not be

granted if such variance:

A. Allows the expansion or establishment of a use in a zone or district in which such use is not

permitted by this Code;

Analysis: The variance being requested pertains solely to the departure from the dimension regulation of a

front yard setback for a single lot, and as such, does not propose any expansion or establishment of a use

not currently permitted in the RSF-6 zoning district as established by the Manatee County LDC.

B. Permits the establishment or expansion of a use without the required review process;

Analysis: The variance being requested pertains solely to the departure from a dimension regulation and

as such, does not propose any establishment or expansion of a Special Permit or Administrative Permit.

C. Relates in any way to a nonconforming use, except to the extent such use has been approved

pursuant to this Code;


front yard setback for a single lot, and will have no relationship to any nonconforming uses.

D. Modifies the Concurrency Management requirements (Chapter 3, Part VIII);


as such, proposes no modifications to any definitions which have been set forth in Chapter 2 of the LDC.

E. Purports to modify any definitions set forth in Chapter 2, Definitions;


front yard setback for a single lot. The variance is not proposing any increase in density.

F. Results in an increase in density or intensity above that permitted by the future land use category

of the site;

Analysis: The variance being requested is seeking a departure from the dimension regulation of a front

yard setback for a single lot, and is consistent with the Manatee County Comprehensive Plan. This

consistency is confirmed by Manatee County Comprehensive Plan Section C.1.2.3 Consistency with the

Comprehensive Plan, which states that “land development regulations may provide for appropriate

variance procedures to permit exceptions from certain minimum dimensional standards (such as

setbacks, buffers, minimum lot sizes, and minimum open space requirements), to avoid unique

hardships running with the land that are not self-imposed, and to avoid the taking of private property

without due process of law and just compensation pursuant to 163.3194(3)(a), Florida Statutes. Such

variances shall be the minimum variance necessary that will allow a reasonable use of the property

and shall not allow the establishment or expansion of a use, density or intensity which is not

allowed for the Future Land Use Element category for the subject property. Such variance

procedures shall require public hearings and ensure that minimum due process requirements are

met,” (emphasis added).

The proposed variance is the minimum necessary to allow for reasonable use of the property and does not

propose to establish or expand any use, density, or intensity not allowed for in the Future Land Use

Element. The variance request proposes an exception from a dimensional standard in the form of a front

yard setback, to avoid a unique hardship which has not been self-imposed.

G. Relaxes any requirements for accessibility by individuals with disabilities

Analysis: The variance being requested pertains solely to the departure from the dimension regulation and

will not result in any violation of any floodplain management provisions of Manatee County, the National

Flood Insurance Program, or the Community Rating System Program.


H. Pertains to the visibility triangle (Section 1002)

Analysis: The single family is not a corner lot and located at a dead-end street.

I. Pertains to impact fees (Chapter 11)


as such, proposes no reliefs from impact fees.

J. Wetlands and Cultural Resources

Analysis: The parcel does not have any jurisdictional wetlands.

K. Watershed Overlays

Analysis: The parcel is not located within any watershed overlay.

L. Will be inconsistent with the Manatee County Comprehensive Plan

Analysis: The variance application can be found to be consistent with all elements of the Manatee County

Comprehensive Plan. The proposed variance is the minimum necessary to allow for reasonable use of the

property and does not propose to establish or expand any use, density, or intensity not allowed for in the

Future Land Use Element. The variance request proposes an exception from a dimensional standard

(specifically, the front yard setback) to avoid a unique hardship which has not been self-imposed

M. Results in approval of any action which would violate any floodplain management provision of Manatee

County; any floodplain management provision of the National Flood Insurance Program; and/or any

floodplain management provision of the Community Rating System Program.

Analysis: Site lies in Zone X per FIRM Panel 12081C0306E, effective 3/17/2014. This variance will not

impact any flood management provisions.

Section 367.5. Review Criteria.

All variances shall comply with the following criteria:

A. The particular physical surroundings, shape, topographical condition, or other physical or

environmental condition of the specific property involved would result in a particular hardship upon

the owner, as distinguished from a mere inconvenience, if the strict letter of the regulations were

carried out;

Analysis: The particular physical surroundings, shape, topographical condition, or other physical or

environmental condition of the specific property involved would not result in a particular hardship upon the

owner if the strict letter of the regulations were carried out. The lot is not peculiarly shaped and does not

contain any features that would necessitate deviation from the strict letter of the regulations.

B. The conditions upon which the request for a variance is based are unique to the parcel and would

not be applicable, generally, to other property within the vicinity;

Analysis: The request for a variance of the front yard setback is unique to the parcel as a result of a bona

fide error.

C. The variance is not based on any conditions, including financial, occupational, or ability, which are

personal to the applicant as applied to the property involved in the application;

Analysis: The application and request for this variance to the front yard setback requirements is not based

upon any conditions, including financial, occupational, or ability, which are personal to the applicant / owner

of the property.

D. The alleged hardship has not been created by any person presently having an interest in the

property or, if it was, it was created as a result of a bona fide error;

Analysis: The setback encroachment is not the result of actions by any person presently having an interest

in the property. This situation is the result of a bona fide staff error.

E. The granting of the variance will not be detrimental to the public welfare or injurious to other

property of improvements in the vicinity.


Analysis: The variance request is not proposing any true detriment to the public welfare and is not

proposing any conditions that would prove injurious to any surrounding properties.

F. The proposed variance will not substantially increase the congestion in the public streets, or

increase the danger of fire, or endanger the public safety.

Analysis: The variance request as proposed will not contribute to any substantial increase in congestion on

the public streets, or increase the danger of fire, or endanger the public safety.

G. The variance granted is the minimum variance that will make possible the reasonable use of the

property.

Analysis: The variance request, a 5-foot reduction to the front yard setback, is the minimum variance that

will make possible the reasonable use of the parcel. The variance cannot be granted by an administrative

adjustment because the required adjustment to the front yard setback, exceeds the 10% maximum

adjustment allowed by the LDC.

H. The property cannot be put to a reasonable use which complies fully with the requirements of the

Code unless the variance is granted.

Analysis: Site improvements would need to be removed and construction would begin anew. The applicant

spent approximately $26,913.06 to construct the single-family home; this sunk cost plus the costs of

demolition and rebuilding would create a significant hardship unless the variance is granted.

I. Alternatively, a variance may be issued to correct a bona fide staff error that has been made and

has led to construction that does not comply with the Code.

As described in the staff summary above, there is clear evidence that staff failed to identify that the

setbacks listed on the permit card were incorrectly submitted for the building permit (Figure 4) and did not

conform to the front yard setbacks established by the Manatee County Land Development Code and

Ordinance 09-09.

Bona fide is defined as ‘genuine; real; sincere; or without intention to deceive’. Staff’s review of available

information leads to the conclusion that this staff error in not verifying all available information was not

done to deceive or place any intention undue hardship on the property owner. This failure to verify all the

provided information resulted in a 5-foot encroachment onto the front yard setback.

STAFF RECOMMENDED STIPULATIONS

1. This variance shall not be effective until it has been recorded in the Public Records of Manatee County,

Florida by the applicant and a copy of the recorded order is received by the Building and Development

Services Department.

ATTACHMENTS 1. Staff Report Maps 2. Tabular Chart 4-5 Schedule of Bulk Dimensional Standards for Agricultural and Single-Family

Residential Districts 3. As-Built Boundary Survey (as submitted with Building Permit) 4. Vacant Site Survey (as submitted with Building Permit) 5. Lot 10-B Building Permit Packet 6. Variance Request Letter 7. Copy of Ordinance 09-09 8. Newspaper Advertising

15TH

Stre

et E

26TH Avenue E26TH AVENUE E

TROPICANADEVEL. PLAN



US 301

15TH

Stre

et E

26TH Avenue E

13THS

TREE

TCou

rtE

27TH Avenue E

25TH Avenue E

US 301

24TH Avenue E

22ND Avenue E

23RD Avenue E

£¤301

Manatee CountyStaff Report Map

1 inch = 250 feet¹

AERIAL

36 34S 17E0.20RSF-6RES-9NONENONE

NNONESUGARHOUSE CREEKReggie Bellamy

Alex ValerioVA-20-04PLN2006-0015

Parcel ID #(s)

Project Name:Project #:Accela #:

S/T/R:Acreage:Existing Zoning:Existing FLU:Overlays:Special Areas:

CHH:Watershed:Drainage Basin:Commissioner:

Map Prepared 7 / 2020

4698300003



1 inch = 28 feet¹

AERIAL




Parcel ID #(s)





4698300003

26TH Avenue E

15TH

Stre

et E

26TH AVENUE E

RES-6

RES-6

IL

RES-9

IU

ROR


US 301

26TH Avenue E

15TH

Stre

et E

US 301

25TH Avenue E

24TH Avenue E

23RD Avenue E

£¤301


1 inch = 179 feet¹

FUTURE LAND USE




Parcel ID #(s)





4698300003

26TH Avenue E

15TH

Stre

et E

26TH AVENUE E


US 30126TH Avenue E

15TH

Stre

et E

US 301

25TH Avenue E

24TH Avenue E

23RD Avenue E

NC-S

PD-UINC-M

GC

RSF-6

LM

PR-M

PD-C

£¤301


1 inch = 179 feet¹

ZONING




Parcel ID #(s)





4698300003

Agricultural Single Family

A A-1 RSF-1 RSF-2 RSF-3 RSF-

4.5

RSF-6 RSF-9

DENSITY/INTENSITY

Max. Residential

Density

Per FLUC

Max. Non-Residential

FAR

0.23 0.23 0.23 0.23 0.23 0.35 0.35 0.35

Min. Open Space (%) 20 20 20 20 20 20 20 20

LOT STANDARDS

Min. Lot Area (sq. ft.)

Single-Family

Detached

217,800 43,560 30,000 15,000 10,000 7,000 6,000 4,000

Non-residential uses 217,800 43,560 30,000 15,000 10,000 7,000 6,000 4,000

Min. Lot Width (ft.)

Single-Family

Detached

200 100 100 80 75 70 60 40

Non-residential uses 200 100 100 80 75 70 60 40

MINIMUM SETBACKS (ft.)

Front

2

3

4

https://library.municode.com/fl/manatee_county/codes/land_development_code?nodeId=CH2DE_S200DE

https://library.municode.com/fl/manatee_county/codes/land_development_code?nodeId=CH2DE_S200DE

Agricultural Single Family

A A-1 RSF-1 RSF-2 RSF-3 RSF-

4.5

RSF-6 RSF-9

Single-Family

Detached

50 50 40 25 25 20/25 20/25 15/25

Other Allowed Uses 50 50 40 25 25 20 20 15

Side

Single-Family

Detached

10 10 10 10 10 8 8 5


Rear

Single-Family

Detached

25 25 25 25 20 20 20 15


Waterfront 30 30 30 30 30 30 30 30

BUILDING HEIGHT

Max. Height (stories) 2 2 2 2 2 2 2 2

5 5 5

5 5 5

5, 6

6

7

rsweeney

Approved

rsweeney

Oval

rsweeney

Oval

rsweeney

Oval

Phyllis, and whomever this issue may concern;

Thank you for taking the time to review our situation and attached you will find the actual hardships

that bring about the temporary Certificate of occupancy. I do appreciate the fact that your office is

willing to issue such. However I feel extremely indignant In the fact that Manatee county SHOULD

BE ISSUING A VARIANCE IN THIS CASE WITHOPUT ANY FURTHER BURDEN ON THE HOMEOWNER,

Buyer, or myself the contractor. The facts of the matter are clear.

Suncoast Architect furnished a site drawing showing a 25 ft. setback as required for the (front

loading garage) this is in place to allow both safe entry into the ROW and the ability to park 4 cars in

a double drive. This was approved in April of 2019. See attached 1

As the contractor, I myself made it a point to push the slab back in order to comply without error.

The home was built under the permits and setbacks that were clearly stated and continue to be

printed on the top of your own building permit. See attached 2

As to avoid any problems, from the owner, builder or buyer we respectfully request the issuance of

the certificate of occupancy not only a temporary BUT immediately as well. We feel that if this was

to enter litigation, that based on the issuance of the document the survey company would adjoin

Manatee county, as it is certainly not the fault of the builder or the owner as we paid for a correct

site plan, provided and approved 6 weeks before the issuance of the permit which the licensed

survey company relied on for its criteria.

When confronted with the incorrect stake out on 4 corners of the home, the surveyor of record sent

back the email attached with the building department’s set back at 20’ See Attached 3

Please accept the partial responsibility for the error or at least mitigate to allow this home on a dead

end street (which could also be vacated) to use the 20’ setback required and stipulated on the

building permit.

William Pfannkuch

From: [email protected] [mailto:[email protected]] Sent: Tuesday, March 03, 2009 10:06 AM To: Vicki Tessmer Subject: Acknowledgment of material received

This is a computer generated email, please do not reply to this message.

Municipal Code CorporationP.O. Box 2235

1700 Capital Circle SW. (32310)Tallahassee, FL 32316-2235

850-576-3171Fax: [email protected]

Manatee County, FL Land Development Code - 1990(12202)

Supplement 34

Recorded: 3/3/2009 9:56:53 AM

We have received the following material through Hard Copy/Electronic.

Document Adoption

Ordinance No. 09-07 2/3/2009

Ordinance No. 09-09 2/3/2009

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Bradenton Herald Sept. 2, 2020 Miscellaneous Notices

NOTICE OF ESTABLISHMENT OR CHANGE OF A REGULATION AFFECTING THE USE OF LAND IN UNINCORPORATED MANATEE COUNTY NOTICE IS HEREBY GIVEN, that the Hearing Officer for Manatee County, will conduct a Public Hearing on Wednesday, September 16, 2020 at 3:00 p.m. at the Manatee County Government Administrative Center, 1st Floor Honorable Patricia M. Glass Chambers, 1112 Manatee Avenue West, Bradenton Florida to consider and act upon the following matters: SP-20-01 RECREATIONAL COURSE THUNDERCLOUD RANCH PLN2003-0024 Approval of a Special Permit to allow a recreational use and facilities (trap shooting, skeet or outdoor firing range) that includes an existing lodge for a bed and breakfast on a site located on the south side of SR 62 approximately 3.4 miles east of Saffold Road and 4.2 miles west of CR 39, Parrish (Manatee County); zoned A (General Agriculture) and within the Ag/R (Agriculture/Rural) Future Land Use Category; on approximately 145.22 acres and a part of a commonly owned 985.17 acre property; providing for severability and providing an effective date. VA-20-04 ALEX VALERIO VARIANCE PLN2006-0015 Approval of a front yard setback variance to the setback requirements established in the RSF-6 (Residential Single Family, 6 dwelling units per acre) zoning district by Chapter 4, Table 4-5 of the Manatee County Land Development Code (Ordinance 15-17, as amended) to reduce the minimum front yard setback for a front-loaded detached garage from 25-feet to 20-feet for a site is located at 1355 25th Avenue East, Bradenton, (Manatee County), on approximately 0.2077 acres; providing for severability and providing an effective date. Rules of Procedure for this public hearing are in effect pursuant to Section 312.8 of the Manatee County Land Development Code. Copies of this section of the Code are available for review at the Building and Development Services Department. All interested parties are invited to appear at this Hearing and be heard, subject to proper rules of conduct. Additionally, any written comments filed with the Director of the Building and Development Services Department will be

heard and considered by the Hearing Officer and entered into the record. Interested parties may examine the Official Zoning Atlas, the application, related documents, and may obtain assistance regarding this matter from the Manatee County Building and Development Services Department, 1112 Manatee Avenue West, 4th Floor, Bradenton, Florida, telephone number (941) 748-4501 ext. 6878 or email at: [email protected]. According to Florida Statutes, Section 286.0105, any person desiring to appeal any decision made by the Hearing Officer with respect to any matter considered at the Public Hearing will need a record of the proceedings, and for such purposes they may need to ensure that a verbatim record of the proceedings is made, which includes the testimony and evidence upon which the appeal is to be based. Americans With Disabilities: The Hearing Officer of Manatee County does not discriminate upon the basis of any individual's disability status. This non-discrimination policy involves every aspect of the Hearing Officer's functions including one's access to and participation in public hearings. Anyone requiring reasonable accommodation for this meeting as provided for in the ADA, should contact Carmine DeMilio 941-792-8784 ext. 8303 or [email protected] or FAX 745-3790. THE PUBLIC HEARING MAY BE CONTINUED FROM TIME TO TIME PENDING ADJOURNMENTS. MANATEE COUNTY HEARING OFFICER Manatee County Building and Development Services Department Manatee County, Florida

Sarasota Herald-Tribune Sept. 2, 2020 Miscellaneous Notices

NOTICE OF ESTABLISHMENT OR CHANGE OF A REGULATION AFFECTING THE USE OF LAND IN UNINCORPORATED MANATEE COUNTY NOTICE IS HEREBY GIVEN, that the Hearing Officer for Manatee County, will conduct a Public Hearing on Wednesday, September 16, 2020 at 3:00 p.m. at the Manatee County Government Administrative Center, 1st Floor Honorable Patricia M. Glass Chambers, 1112 Manatee Avenue West, Bradenton Florida to consider and act upon the following matters: SP-20-01 - RECREATIONAL COURSE - THUNDERCLOUD RANCH - PLN2003-0024 Approval of a Special Permit to allow a recreational use and facilities (trap shooting, skeet or outdoor firing range) that includes an existing lodge for a bed and breakfast on a site located on the south side of SR 62 approximately 3.4 miles east of Saffold Road and 4.2 miles west of CR 39, Parrish (Manatee County); zoned A (General Agriculture) and within the Ag/R (Agriculture/Rural) Future Land Use Category; on approximately 145.22 acres and a part of a commonly owned 985.17 acre property; providing for severability and providing an effective date. VA-20-04 - ALEX VALERIO VARIANCE - PLN2006-0015 Approval of a front yard setback variance to the setback requirements established in the RSF-6 (Residential Single Family, 6 dwelling units per acre) zoning district by Chapter 4, Table 4-5 of the Manatee County Land Development Code (Ordinance 15-17, as amended) to reduce the minimum front yard setback for a front-loaded detached garage from 25-feet to 20-feet for a site is located at 1355 25th Avenue East, Bradenton, (Manatee County), on approximately 0.2077 acres; providing for severability and providing an effective date. Rules of Procedure for this public hearing are in effect pursuant to Section 312.8 of the Manatee County Land Development Code. Copies of this section of the Code are available for review at the Building and Development Services Department.

All interested parties are invited to appear at this Hearing and be heard, subject to proper rules of conduct. Additionally, any written comments filed with the Director of the Building and Development Services Department will be heard and considered by the Hearing Officer and entered into the record. Interested parties may examine the Official Zoning Atlas, the application, related documents, and may obtain assistance regarding this matter from the Manatee County Building and Development Services Department, 1112 Manatee Avenue West, 4th Floor, Bradenton, Florida, telephone number (941) 748-4501 ext. 6878 or email at: [email protected]. According to Florida Statutes, Section 286.0105, any person desiring to appeal any decision made by the Hearing Officer with respect to any matter considered at the Public Hearing will need a record of the proceedings, and for such purposes they may need to ensure that a verbatim record of the proceedings is made, which includes the testimony and evidence upon which the appeal is to be based. Americans With Disabilities: The Hearing Officer of Manatee County does not discriminate upon the basis of any individual's disability status. This non-discrimination policy involves every aspect of the Hearing Officer's functions including one's access to and participation in public hearings. Anyone requiring reasonable accommodation for this meeting as provided for in the ADA, should contact Carmine DeMilio 941-792-8784 ext. 8303 or [email protected] or FAX 745-3790. THE PUBLIC HEARING MAY BE CONTINUED FROM TIME TO TIME PENDING ADJOURNMENTS. MANATEE COUNTY HEARING OFFICER Manatee County Building and Development Services Department Manatee County, Florida Date of pub: September 2, 2020

September 2, 2020107-0006401

NOTICE OF INTENT TO APPROVE/DENY VARIANCE NO. VA-20-04

ALEX VALERIO VARINCE PLN2006-0015

This Notice is to all parties of record for Variance Application No. VA-20-04, to allow a front yard setback variance to the setback requirements established in the RSF-6 (Residential Single Family, 6 dwelling units per acre) zoning district by Chapter 4, Table 4-5 of the Manatee County Land Development Code (Ordinance 15-17, as amended) to reduce the minimum front yard setback for a front-loaded detached garage from 25-feet to 20-feet for a site is located at 1355 25th Avenu ast, Bradenton, (Manatee County), (on approximately 0.2077 acres); providing for severability; and. Jl'fpy1oing for an effective date. It is the intent of the Hearing Officer to approve/deny this application. Tti';:.F;iti'dings of Fact, Conclusions of Law, and Conditions for Approval are contained in the attached dra ,,•';,~I> er.

••'1111:

Pursuant to Section 312.8.B.4 of the Manatee County Land Dev following shall apply:

,,,· ' ,1·,,,,,' '·t:i;)::,::;)}:,,, Final Order. After issuance of the Notice of I t t'by a Hearing Officer, pa.r;ti,$~, of record shall have five (5) business days in which to file , . onse with t~,~t _Depart_ment rn.ti~t~r. Within ten (10) business days from the date of receipt o 'rE;!~Ri;:>,nse, the, ~g~nng Officer shall:' 11 l:11ml:,,, .

\l,::;;;j:;:'.};!ii:::j,. J,}iil' a. Issue the order approving, approving with conditjoi;i ,,oenying the application; or

ATT~~fI):~NGELINA coLci~~Eso

Clerk of th~i::R:i~~.uit Court ·· ;/:_i:,},. I'• 11,

,:i ,1;·•,,,

MANATEE COUNTY, FLORIDA

___________ ,as Manatee County Hearing Officer

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VARIANCE NO. VA-20-04 ALEX VALERIO VARIANCE PLN2006-0015

FINAL ORDER OF MANATEE COUNTY HEARING OFFICER KELLY M. FERNANDEZ ON BEHALF OF MANATEE COUNTY GRANTING/DENYING A VARIANCE NO. VA-20-04 TO ALLOW/DENY A VARIANCE TO THE SETBACK REQUIREMENTS ESTABLISHED IN THE RSF-6 (RE§!i,Q:~NTIAL SINGLE FAMILY, 6 DWELLING UNIT~i•:(,~§1R ACRE) ZONING DISTRICT BY CHAPTER 4, , .iM~~E 4-5 OF THE MANATEE COUNTY LAND E{'El10,PMENT

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CODE (ORDINANCE 15-17, AS AMENDED) TO ,,1i!li:l111'1, 'l!lll!l11i!il!,,1•,

REDUCE THE MINIMUM FRQNJ;i:,, YARD SEliS~CK ,1i!1i,':'J:1i!i:ili\11 ·lj((,.':i;.•:·11i

FOR A FRONT-LOADED,,,:(::'.DETACHED GARAGE FROM 25 FEET TO 20 FE·EtfFOR A SITE LOCAT'et5::::, AT 1355 25TH AVENue'ii![!:eAST BRADENTON ON APPROXIMATELY 0.2077 ·A1Q:8,,~S·.,,: .,,:•,,.,.O'VIDING' FOR SEVERABILITY; AND PROVIQ,I N EFFECTIVE DATE.

Manatee County Lanq,t[;)eV · amended; and ·"'',;,/I'-:

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WHEREAS, purs•ar:it to the L Develop .. .hJ Code, Manatee County Ordinance 15-17, as amended, th'~:,:'8~~.ring··1@#i1c~:~ 11 the ~wthority to grant Special Permits; and

,, ·,,' ··: ,·:. ':, '. ,;::)::f>: :,::;: ,, .... ,,.,,,,,:,,, ,, ,, WHEREAS;"AlexValerio ·re:q·u,ested a Variance to reduce the minimum front yard

,!,,;i:::,:::--:ti,,.,, •·11:,,.::H!'.•li:,;;: -::::, '•,•j',rl!il,j1,!jj

setb~pk):to'r a front.:16?de.d det'., ':, . ed garage from 25 feet to 20 feet and tf(:r:::::: ··:::.)\·:::: .... , .,, ..

WHERI;!;\§, on Septemb~t.16, 2Q?0 the aforementioned Hearing Officer held a public hearing ··

11

t~?'TE:)Ceive the st~ff report, applicant, and public comment, and argument regarding ih~/pr~posed V~d~nce. '

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NOW, THEREFO.ijE,,,afte'i· consideration of the application for Variance No. VA-20-04 requested by Alex''\j~j·efio the Hearing Officer makes the following Findings of Fact and Conclusions of Law and issues the Final Order as follows:

· Section 1. Findings of Fact. The aforementioned Hearing Officer, after considering comment, argument, evidence, documentation and staff report presented, as well as all other matters presented at the Public Hearing above referenced, hereby makes the following Findings of Fact:

A. The site is in the RES-6 (Residential-6) Future Land Use Category.

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of 4 VA-20-04 - Alex Valerio Variance - PLN2006-0015

B. The site is on approximately 0.2077 acres zoned RSF-6 (Residential Single Family-6).

C. The overall site lies in Zone X per FIRM Panel 12081C0306E, effective 3/17/2014.

D. The request is to approve a Variance to reduce the minimum front yard setback for a front-loaded detached garage from 25 feet to 20 feet.

E. The variance is not of the type prohibited by,iS ,,, i'on 367.2 of the Land Development Code. · · '

F.

G.

H.

I.

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The granting of the variance will 9,p{\,, ' detrimental to <~::;p,~blic welfare or injurious to other property or im fo'.yements in the vicinity:'(:(·

The variance will not substantia.H9;".:1incre s'ii!:!i~·e congestio~· m the public streets, or increase the danger '· · ''"''r endanger public safety, or substantially diminis~,:!Q'r'irn air prope ., , ues within the vicinity.

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The owner of the prdpE!, y :,, dvised t t :;i,~my future additions and/or alterations must conforni'ii:'> th~·'""H~gqli,r ent~ 11 i;~pplicable to the remaining established,se ks. , ;:ii;,i''"''' ,,,.

,,,:!!il:::\)\l\ ,:;·. Section 2. Conclu's'ions of ... ·. . Ba " "'~ upon the prior Findings of Fact and considering the tE!isfirnony; evide@'c'e, docurr1'entation and the staff report presented, and

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a review of the app'liq,~,l?.l,e P.,~I?:Xl~Ien~; p.t.,t~.~ ~:~patee County Comprehensiv~ Plan ~nd Manatee County Land 1:::·O.ey-~lopment\!:C,Qtje;1the above referenced Hearing Officer

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hereby [l~~~s·the:!fR,,llowing :~onclusions of t:!'aw: ,'iti?,:!;i:'/!'!: .. • ' . :•:,::rq;i:i:1::/i!\\•: \ '•\•\1

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,,':'ti\~:~:/ This H~!~·r:,ihg O 1 ,,~.n:.t,as jurisdiction over the parties and subject matter in /,::,[[::'.:,, this proce~cH~.g pu'r~q~nt to the Land Development Code.

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',\!)}:"];:;,;•,,, ·,-':'.;;,:';, B. ··,:i:::JJ~e applicaptfhas the burden of proving entitlement to the Variance it

C.

. 's:$~ks, Gortj~f'v. City of St. Petersburg, 550 So. 2d 7 (Fla 2nd DCA 1989) . .. \.'.:: ?l\:;::::-. ,/·.; ·:".'.·.?;. :!; /

The,';,~~:h~ribe is not of the type prohibited by Section 367.2 of the Land Develo'p'ment Code.

D. The variance meets six of the criteria set forth in Section 367.5 of the Land Development Code.

Section 3. Order. Based upon the foregoing, a Variance is hereby approved/denied and issued to Alex Valerio for property at 1355 25th Avenue East, Bradenton and more particularly described in Exhibit "A" attached hereto and incorporated herein, for a Variance to the setback requirements established by Chapter 4, Table 4-5 of the

00673656-2


Manatee County Land Development Code (Ordinance 15-17, as amended), subject to the following conditions:

1. This variance shall not be effective until it has been recorded in the Public Records of Manatee County, Florida by the applicant and a copy of the recorded order is received by the Building and Development Services Department.

Section 4. Severability. In the event that any portion o,~:i!:i~;~ption of this Order is determined to be invalid, illegal or unconstitutional by a COJ::1/f::~:i'competent jurisdiction, such decisions shall in no manner affect the remainin ""!

1i'i:iqbions or sections of the Variance which shall remain in full force and effect.

Section 5. Effective Date. The effective date ot:,i::~dI,:iiiV;riance s .:J)p~ upon execution of this Order and its recordation in the Officia He:cords by the applic~ht,with the Office of the Clerk of the Circuit Court and recei • · ,:'fl~ copy ~,f the record'~d): rder by the Building and Development Services Depart ·:::'.t>

ORDERED ON BEHALF OF MAN

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ATTEST:i''ANGELINA'COLON

Clei~~~~

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Circuit Cdiirt ;, '

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BY: ____ •_:·•.:: .... )i,;_}:,:_.i .. ___ .<_:•.:•._i/_

Deputy iGl~r~ >·' :::iH::{~i:};···;:;: ..

006i36S6-2

·::::.:-' ___ _, 2020.


EXHIBIT "A" Legal Description

LOT 10 & W 1/2 OF LOT 11 BLK B PINEAL TOS PARK Pl#46983.0000/3

006736,6-2

October 5, 2020 107-0006401

PARCEL_ID OWNER OWN ADDR OWN CITY OWN ST OWN ZIP

4698100209 ADAM KERNE 1406 24TH AVE E BRADENTON FL 34208

4691400008 AGUILAR GLORIA N 1424 23RD AVE E BRADENTON FL 34208-3553

4690800000 BARNETT MARGARET 1442 23RD AVE E BRADENTON FL 34208-3553

4697710053 BAXTER LARRY D 1411 24TH AVE E BRADENTON FL 34208-3554

4698100159 BELVIN LOTTIE JO 1408 24TH AVE E BRADENTON FL 34208

4697700104 BURNETTE JACOB G 1423 24TH AVE E BRADENTON FL 34208

4691300000 CREATIVE HOME SOLUTIONS TEAM LLC318 72ND ST NW BRADENTON FL 34209

4698310002 DELUCA JACQUELYN B 1403 25TH AVE E BRADENTON FL 34208

4698100109 ELIEN MARIE 1410 24TH AVE E BRADENTON FL 34208

4698300003 FLORES MARLON O 1355 25TH AVE E BRADENTON FL 34208

4698400359 GREGORY MARVETTA 1429 25TH AVE E BRADENTON FL 34208

4698910009 HEILMAN SALLY E 1416 25TH AVE E BRADENTON FL 34208-3557

4698600006 JAZO MARIA 1923 7TH AVE E BRADENTON FL 34208-1545

4691500005 JUAREZ ABEL 2304 15TH ST E BRADENTON FL 34208

4698400459 LAMAS DAVID 1437 25TH AVE E BRADENTON FL 34208

4702800006 MARTINEZ PEREZ HUGO 215 57TH AVE E BRADENTON FL 34203

4698910058 MK ENDEAVORS LLC 5526 FOXFIRE RUN LAKEWOOD RANCH FL 34211

4698400309 MUNIZ PEDRO LUIS VIVES 1425 25TH AVE E BRADENTON FL 34208

4697710004 MURRAY MILDRED A 1415 24TH AVE E BRADENTON FL 34208-3554

4691800009 NGUYEN JOSEPH BANG 5807 DANIELLE DR FREDERICKSBURG VA 22407

4691700001 PERALTA NICANOT TORRES 1423 23RD AVE E BRADENTON FL 34208

4691900007 PHA FIDU INC 3908 26TH ST W BRADENTON FL 34205

4691100004 REAVES SAMUEL SR 1418 23RD AVE E BRADENTON FL 34208-3553

4697900001 SIMPSON CAROLYN J 1403 23RD AVE E BRADENTON FL 34208-3552

4565700509 TROPICANA MANUFACTURING COMPANY INCPO BOX 660634 / ATTN TAX DEPARTMENT 3A-306-LDDALLAS TX 75266-0634

4698100059 TURNER WILLIE J 1412 24TH AVE E BRADENTON FL 34208

4697700054 VALENZUELA CARLOS 2724 17TH ST E BRADENTON FL 34208

4698000009 VALERIO ALEX 1416 24TH AVE E BRADENTON FL 34208-3555

4698800002 VALERIO ALEX 913 HUBBEL RD BRADENTON FL 34208

4692000005 WATERS FREDDRICK B 403 15TH ST W PALMETTO FL 34221

4690900159 WILLIAMS JOYCE 1416 23RD AVE E BRADENTON FL 34208-3553

4698400409 ZIEMBA CHANEL K 1433 25TH AVE E BRADENTON FL 34208-3556

VA-20-04 Alex Valerio Variance

September 16th, 2020Hearing Officer

Achaia Brown, Planner II

Request

- The applicant is requesting a variance from the required 25-foot front yard setback for front loaded garages in the RSF-6 (Residential Single Family-6) zoning as established in the Land Development Code (LDC).

- The subject property is located at 1355 25th Avenue East, Bradenton.

Site Characteristics

407 51st Street West, Zoning: RSF-6Palmetto, FL FLU: RES-6

January 2019• Applicant

applied for permit to construct a single family home w/ garage

May 2019• Construction

permit BLD1901-0861 issued

2019• Detached garage

constructed as per setbacks signed off on by building and development services

June 2020• Temporary

Certificate of Occupancy issued

June 2020• Variance

application filed by owner/agent

History

Site Plan

Suncoast Architect, Inc. submitted architectural renderings and a site plan for Lot 10-B (Figure 1) showing a proposed house with a 25-foot front yard setback, an 8-foot easterly setback, an 8-foot westerly setback, and a 20-foot rear setback.

Vacant Survey

Foundation Survey Final Survey

setback in question

The final survey was submitted May 18th, 2020.

Staff Reviewed

• Manatee County Land Development Code• Ordinance 09-09

–Established 25 foot setback• Applicant hardship letter• Construction permit BLD1901-0861

Table 4-4. Schedule of Bulk and Dimensional Standards for Agricultural and Residential Districts

Manatee County Land Development Code Zoning regulations revised in January 2009 via Ordinance 09-09

RSF-6

20/255

5 Front-loaded garages, detached or attached to a single-family dwelling, and carports require an additional 5-foot front yard setback.

Building Permit One Apply Sheet

Manatee County LDC 367.6. Review Criteria

Staff Recommendation

• Staff recommends approval of the variance to the setback requirements of the RSF-6 zoning district– Setback nonconformance due to building staff error

• 367.6 LDC Criteria I

QUESTIONS?


FINAL ORDER OF MANATEE COUNTY HEARING OFFICER KELLY M. FERNANDEZ ON BEHALF OF MANATEE COUNTY GRANTING VARIANCE NO. VA-20-04 TO ALLOW A VARIANCE TO THE SETBACK REQUIREMENTS ESTABLISHED IN THE RSF-6 (RESIDENTIAL SINGLE FAMILY, 6 DWELLING UNITS PER ACRE) ZONING DISTRICT BY CHAPTER 4, TABLE 4-5 OF THE MANATEE COUNTY LAND DELELOPMENT CODE (ORDINANCE 15-17, AS AMENDED) TO REDUCE THE MINIMUM FRONT YARD SETBACK FOR A FRONT-LOADED GARAGE FROM 25 FEET TO 20 FEET FOR A SITE LOCATED AT 1355 25TH AVENUE EAST, BRADENTON, ON APPROXIMATELY 0.2077 ACRES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the Board of County Commissioners of Manatee County adopted the Manatee County Land Development Code, Manatee County Ordinance 15-17, as amended; and

WHEREAS, pursuant to the Land Development Code, Manatee County Ordinance 15-17, as amended, the Hearing Officer has the authority to grant variances; and

WHEREAS, Alex Valerio (the "applicant") requested a variance to reduce the minimum front yard setback for a front-loaded garage from 25 feet to 20 feet; and

WHEREAS, on September 16, 2020 the aforementioned Hearing Officer held a public hearing to receive the staff report, applicant, and public comment, and argument regarding the proposed variance.

NOW, THEREFORE, after consideration of the application for Variance No. VA-20-04 the Hearing Officer makes the following Findings of Fact and Conclusions of Law and issues the Final Order as follows:

Section 1. Findings of Fact. The aforementioned Hearing Officer, after considering comment, argument, evidence, documentation and staff report presented, as well as all other matters presented at the public hearing above referenced, hereby makes the following Findings of Fact:


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D. The request is to approve a variance to reduce the minimum front yard setback for a front-loaded garage from 25 feet to 20 feet.

E. In January 2019, the applicant submitted as part of Building Permit Application BLD1901-0861 a site plan for the subject property showing a proposed house with a 25-foot front yard setback.

F. The County acknowledged the site plan met the Land Development Code requirements; however, the County entered the front yard setback as 20 feet rather than 25 feet on the permit card.

G. The contractor relied on the information on the permit card to locate the house on the subject property, which resulted in a constructed house and final survey with a front yard setback that does not meet the 25 feet requirement.

H. The subject property is located at the end of a dead-end street.

I. The variance is not of the type prohibited by Section 367.2 of the Land Development Code.

J. A bona fide staff error led to the construction of a house that does not comply with the front yard setback requirement.

K. The conditions upon which the request for a variance is based are unique to the parcel, and do not appear to be applicable to other properties within the vicinity.

L. The alleged hardship was not created intentionally by the applicant and was the result of a bona fide error by the County staff.

M. The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity.

N. The variance will not substantially increase the congestion in the public streets, or increase the danger of fire, or endanger public safety.

0. The variance is the minimum variance that will make possible the reasonable use of the property given the bona fide error.

of 5 VA-20-04 -Alex Valerio Variance - PLN2006-0015

P. The property cannot be put to a reasonable use which complies fully with the requirements of the Code unless the variance is granted due to the bona fide error.

Section 2. Conclusions of Law. Based upon the prior Findings of Fact and considering the testimony, evidence, documentation and the staff report presented, and a review of the applicable provisions of the Manatee County Comprehensive Plan and Manatee County Land Development Code, the above referenced Hearing Officer hereby makes the following Conclusions of Law:

A. This Hearing Officer has jurisdiction over the parties and subject matter in this proceeding pursuant to the Land Development Code.

B. The applicant has the burden of proving entitlement to the Variance it seeks. See Gomez v. City of St. Petersburg, 550 So. 2d 7 (Fla 2nd DCA 1989).

C. The variance is not of the type prohibited by Section 367.2 of the Land Development Code.

D. The variance meets the applicable criteria set forth in Section 367 .5 of the Land Development Code.

Section 3. Order. Based upon the foregoing, a Variance is hereby approved and issued to Alex Valerio for property at 1355 25th Avenue East, Bradenton, as more particularly described in Exhibit "A" attached hereto and incorporated herein, for a variance to the setback requirements established by Chapter 4, Table 4-5 of the Manatee County Land Development Code (Ordinance 15-17), as amended, to reduce the minimum front yard setback for a front-loaded garage from 25 feet to 20 feet, subject to the following condition:

1. This Variance shall not be effective until it has been recorded in the Public Records of Manatee County, Florida by the applicant and a copy of the recorded order is received by the Building and Development Services Department.

Section 4. Severability. In the event that any portion or section of this Order is determined to be invalid, illegal or unconstitutional by a court of competent jurisdiction, such decisions shall in no manner affect the remaining portions or sections of the Variance which shall remain in full force and effect.

Section 5. Effective Date. The effective date of this Variance shall be upon execution of this Order and its recordation in the Official Records by the applicant with the Office of the Clerk of the Circuit Court and receipt of a copy of the recorded Order by the Building and Development Services Department.

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ORDERED ON BEHALF OF MANATEE COUNTY this __ day of ____ , 2020.

ATTEST: ANGELINA COLONNESO, Clerk of the Circuit Court

BY: ---------Deputy Clerk

006 73656-2


BY: _________ , as Hearing Officer for Manatee County

PRISCILLA TRACE REGGIE BELLAMY STEPHEN JONSSON MISTY SERVIA VANESSA BAUGH CAROL WHITMORE BETSY BENAC District 1 District 2 District 3 District 4 District 5 At Large At Large

Building & Development Services Public Hearing Section 1112 Manatee Avenue West 4th Floor Bradenton, FL 34205 Phone: (941) 748-4501 x6828 www.mymanatee.org

October 6, 2020

William Pfannkuch 7354 Treadway Road Port Charlotte, FL 33981

Sent via email: [email protected]

Re: VA-20-04 Alex Valerio Variance PLN2006-0015 Dear Mr. Pfannkich: Enclosed are the Notice of Intent and Draft Final Order issued by Hearing Officer Kelly Fernandez on behalf of Manatee County for Special Permit No. VA-20-04 PLN2006-0015 which was heard at the proceedings on September 16, 2020. Under the Manatee County Land Development Code, Section 312.8.B.5 regulations, the parties of record have five (5) days, excluding Saturday, Sunday, and County holidays in which to respond to the report and proposed conditions. Should you wish to file a response, it shall be filed with the Building and Development Services Director, John Barnott. Within ten days, excluding Saturday, Sunday and County holidays, of the issuance of the Notice of Intent, after review of any responses to the proposed Final Order, the Hearing Officer shall either issue a Final Order or reopen the public hearing pursuant to Section 312.8.B.5 of the Land Development Code. If you have any questions, please call me at 941-748-4501 ext. 6878. Sincerely,

Bobbi Roy Planning Coordinator

Enclosure



FINAL ORDER OF MANATEE COUNTY HEARING OFFICER KELLY M. FERNANDEZ ON BEHALF OF MANATEE COUNTY GRANTING VARIANCE NO. VA-20-04 TO ALLOW A VARIANCE TO THE SETBACK REQUIREMENTS ESTABLISHED IN THE RSF-6 (RESIDENTIAL SINGLE FAMILY, 6 DWELLING UNITS PER ACRE) ZONING DISTRICT BY CHAPTER 4, TABLE 4-5 OF THE MANATEE COUNTY LAND DELELOPMENT CODE (ORDINANCE 15-17, AS AMENDED) TO REDUCE THE MINIMUM FRONT YARD SETBACK FOR A FRONT-LOADED GARAGE FROM 25 FEET TO 20 FEET FOR A SITE LOCATED AT 1355 25TH AVENUE EAST, BRADENTON, ON APPROXIMATELY 0.2077 ACRES; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the Board of County Commissioners of Manatee County adopted the Manatee County Land Development Code, Manatee County Ordinance 15-17, as amended; and

WHEREAS, pursuant to the Land Development Code, Manatee County Ordinance 15-17, as amended, the Hearing Officer has the authority to grant variances; and

WHEREAS, Alex Valerio (the "applicant") requested a variance to reduce the minimum front yard setback for a front-loaded garage from 25 feet to 20 feet; and

WHEREAS, on September 16, 2020 the aforementioned Hearing Officer held a public hearing to receive the staff report, applicant, and public comment, and argument regarding the proposed variance.

NOW, THEREFORE, after consideration of the application for Variance No. VA-20-04 the Hearing Officer makes the following Findings of Fact and Conclusions of Law and issues the Final Order as follows:

Section 1. Findings of Fact. The aforementioned Hearing Officer, after considering comment, argument, evidence, documentation and staff report presented, as well as all other matters presented at the public hearing above referenced, hereby makes the following Findings of Fact:


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D. The request is to approve a variance to reduce the minimum front yard setback for a front-loaded garage from 25 feet to 20 feet.

E. In January 2019, the applicant submitted as part of Building Permit Application BLD1901-0861 a site plan for the subject property showing a proposed house with a 25-foot front yard setback.

F. The County acknowledged the site plan met the Land Development Code requirements; however, the County entered the front yard setback as 20 feet rather than 25 feet on the permit card.

G. The contractor relied on the information on the permit card to locate the house on the subject property, which resulted in a constructed house and final survey with a front yard setback that does not meet the 25 feet requirement.

H. The subject property is located at the end of a dead-end street.

I. The variance is not of the type prohibited by Section 367.2 of the Land Development Code.

J. A bona fide staff error led to the construction of a house that does not comply with the front yard setback requirement.

K. The conditions upon which the request for a variance is based are unique to the parcel, and do not appear to be applicable to other properties within the vicinity.

L. The alleged hardship was not created intentionally by the applicant and was the result of a bona fide error by the County staff.

M. The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity.

N. The variance will not substantially increase the congestion in the public streets, or increase the danger of fire, or endanger public safety.

0. The variance is the minimum variance that will make possible the reasonable use of the property given the bona fide error.

of 5 VA-20-04 -Alex Valerio Variance - PLN2006-0015

P. The property cannot be put to a reasonable use which complies fully with the requirements of the Code unless the variance is granted due to the bona fide error.

Section 2. Conclusions of Law. Based upon the prior Findings of Fact and considering the testimony, evidence, documentation and the staff report presented, and a review of the applicable provisions of the Manatee County Comprehensive Plan and Manatee County Land Development Code, the above referenced Hearing Officer hereby makes the following Conclusions of Law:

A. This Hearing Officer has jurisdiction over the parties and subject matter in this proceeding pursuant to the Land Development Code.

B. The applicant has the burden of proving entitlement to the Variance it seeks. See Gomez v. City of St. Petersburg, 550 So. 2d 7 (Fla 2nd DCA 1989).

C. The variance is not of the type prohibited by Section 367.2 of the Land Development Code.

D. The variance meets the applicable criteria set forth in Section 367 .5 of the Land Development Code.

Section 3. Order. Based upon the foregoing, a Variance is hereby approved and issued to Alex Valerio for property at 1355 25th Avenue East, Bradenton, as more particularly described in Exhibit "A" attached hereto and incorporated herein, for a variance to the setback requirements established by Chapter 4, Table 4-5 of the Manatee County Land Development Code (Ordinance 15-17), as amended, to reduce the minimum front yard setback for a front-loaded garage from 25 feet to 20 feet, subject to the following condition:

1. This Variance shall not be effective until it has been recorded in the Public Records of Manatee County, Florida by the applicant and a copy of the recorded order is received by the Building and Development Services Department.

Section 4. Severability. In the event that any portion or section of this Order is determined to be invalid, illegal or unconstitutional by a court of competent jurisdiction, such decisions shall in no manner affect the remaining portions or sections of the Variance which shall remain in full force and effect.

Section 5. Effective Date. The effective date of this Variance shall be upon execution of this Order and its recordation in the Official Records by the applicant with the Office of the Clerk of the Circuit Court and receipt of a copy of the recorded Order by the Building and Development Services Department.

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ORDERED ON BEHALF OF MANATEE COUNTY this __ day of ____ , 2020.

ATTEST: ANGELINA COLONNESO, Clerk of the Circuit Court

BY: ---------Deputy Clerk

006 73656-2


BY: _________ , as Hearing Officer for Manatee County

Hearing Officer: (09/16/2020) VA-20-04 – Alex Valerio Variance

Documents

Transcript of Hearing Officer: (09/16/2020) VA-20-04 – Alex Valerio Variance