PASCO COUNTY, FLORIDA

INTEROFFICE MEMORANDUM

TO:        Honorable Chairman and                               DATE:    9/30/02              FILE:   DV02-255

Members of the Board of

County Commissioners

THRU:    Bipin Parikh, P.E.                                           SUBJECT:  Request for Administrative Appeal -

Assistant County Administrator                                          Landscaping and Irrigation Ordinance

(Development Services)                                                    Application - Daniel Fuston and Samuel

                                                                                           Posey/Stor-ette Storage

Hearing Date:  10/8/02

FROM:   Cynthia M. Jolly, P.E.                                      REFERENCES:    Comm. Dist. 1; TAZ #198

Development Director

APPLICANTS:  Daniel Fuston and Samuel Posey

LOCATION AND DESCRIPTION:  The property is located on the east side of U.S. 301, approximately one-half mile south of Payne Road  (Section 15, Township 24 South, Range 21 East).

APPLICATION:  Administrative Appeal

ZONING DISTRICT:  C-2 General Commercial

LAND USE CLASSIFICATION:  ROR (Retail/Office/Residential)

EXPLANATION OF APPEAL:  Daniel Fuston and Samuel Posey, co-owners of Stor-ette Storage, are appealing the August 8, 2002, decision by the Development Review Committee (DRC) to deny their request for a variance from Section 10.D.1 of Landscaping and Irrigation Ordinance No. 02-04 which would have allowed the following:

A waiver of the required 10-foot Type "A" buffer on the north and south property lines for a distance of approximately 120 feet beginning 60 feet east of the west property line.

FINDINGS OF FACT:

1. On January 28, 2002, the Development Review Division (DRD) received for review engineered Class I site plans for a prefabricated, 7,875-square-foot storage building for "supplemental" storage only, no offices or restrooms.

2. On February 26, 2002, the Board of County Commissioners adopted Pasco County Landscaping and Irrigation Ordinance No. 02-04 which replaced the previous landscaping requirements.

3. On March 8, 2002, technical comments were transmitted to the owners and their engineer.  Comments indicated the need to comply with the County's newly adopted Landscaping and Irrigation Ordinance, No. 02-04.

4. On May 1, 2002, DRD received a letter and revised plans from the site's engineer, Edwin J. Rogers, P.E., Towson-Rogers Engineering, Inc., along with a variance application to the County's new Landscaping and Irrigation Ordinance.

5. On August 8, 2002, DRC denied the variance petition request.

6. On September 3, 2002, Karla S. Owens, agent for Stor-ette Storage, filed this application for an appeal of DRC's decision.

ALTERNATIVES AND ANALYSIS:

Based upon the above and/or documentation on file, some of the alternatives available to the Board are:

1. Deny the applicant's appeal request and uphold the August 8, 2002, DRC decision.

2. Reverse DRC's decision of August 8, 2002.

1. Take alternative actions as the Board determines.

RECOMMENDATION:

The Development Review Services Department recommends that the Board of County Commissioners approve Alternative No. 1.

ATTACHMENTS:

1. Application for Appeal

2. Verbatim Transcript of August 8, 2002, DRC Decision

3. Copy of DRC Variance Agenda Item with Location Map

4. Excerpt of Section 10.D.1 of Pasco County Landscaping and Irrigation Ordinance No. 02-04

CMJ/RGL/CAZ/dr/storet02/29

APPROVED AGENDA ITEM FOR

DATE

BY

ACTION TAKEN: