110 SE Watula Avenue  
Ocala, FL 34471  
Ocala  
Board of Adjustment  
Minutes  
www.ocalafl.gov  
5:30 PM  
Monday, March 18, 2024  
1.  
Call to Order  
Present:  
Chairman James Hartley  
William R. Futch  
Rusty Juergens  
George Carrasco Jr.  
Vice Chair Dustin Magamoll  
Absent:  
a.  
b.  
Pledge  
Roll Call for Determination of a Quorum  
Chairman James Hartley  
Present:  
William R. Futch  
Rusty Juergens  
George Carrasco Jr.  
Vice Chair Dustin Magamoll  
Absent:  
2.  
Public Notice  
a.  
Final Ad BOA 03182024.pdf  
Attachments:  
3.  
4.  
Public Comments  
Consideration of the Minutes  
a.  
12-18-23 BOA Minutes.pdf  
APPROVED  
George Carrasco, Jr.  
Attachments:  
RESULT:  
MOVER:  
SECONDER: Rusty Juergens  
AYE:  
ABSENT:  
Chairman Hartley, Futch, Juergens and Carrasco  
Vice Chair Magamoll  
5.  
Special Exceptions  
G & G Holding and Trust LLC / SE23-45207  
a.  
SE23-45207 Staff Report  
Attachments:  
G & G Holding and Trust (Petition for Relief ADR - 70.51)  
FLUEDRA Settlement Agreement  
City Attorney Will Sexton provided a brief overview of the request to allow a Day Care  
Facility in R-2 and the Mediated Settlement Agreement between the City of Ocala and G  
& G Holding and Trust, LLC. During the proceeding the two parties granted were able  
to come to an agreement on acceptable conditions for the Special Exception.  
Fred Roberts, 40 SE 11th Avenue, Ocala, FL, provided a brief overview of the results of  
Mediated Settlement Agreement. The hours of operation were set to 6 am and 6 pm, the  
dumpster will be screened from view, the trash pick up will take place after 7 am, and a  
fence will be installed on the north if a single-family residential dwelling is constructed.  
Mr. Carrasco asked about the contact process for the FLUEDRA Special Magistrate  
Hearing. Mr. Roberts replied that the City sent the notice by regular mail. Mr. Robert's  
office sent a letter that was registered and returned. An additional letter was sent through  
Fedex and the letter was refused.  
Mr. Hartley asked about the vacant land on the north side. Mr. Robert's replied it's a  
vacant wooded lot and if it's developed, a fence will be installed.  
Anthony Collins, 1425 NW 16th Court, Ocala, FL, said he did not know the origin of the  
letter because he receives everything from the state by regular mail. Mr. Collins stated  
that he does not have an option to move and the daycare will increase traffic, noise, and  
the property values will go down.  
Mr. Carrasco stated there was no excuse for Mr. Collin's not being present at the  
FLUEDRA Special Magistrate Hearing when everyone else was able to attend.  
Mr. Collins asked if the days of operation were Monday through Friday or Sunday. Mr.  
Sexton replied Monday through Friday for the daycare.  
Motion to approve SE23-45207 adding the days of operation 1f. and deleting 1i.  
condition in its entirety.  
RESULT:  
MOVER:  
APPROVED  
William R. Futch  
SECONDER: George Carrasco, Jr.  
AYE:  
Chairman Hartley, Futch, Juergens and Carrasco  
Vice Chair Magamoll  
ABSENT:  
Ashcroft Properties / SE24-45543  
b.  
SE24-45543 Staff Report  
Attachments:  
SE24-45543 Case Map Avalon  
SE24-45543 Aerial Map Avalon  
SE24-45543 CONCEPT PLAN SHOWING MODIFIED BUILDINGS  
APPROVAL LETTER SE19-0004 FOR REFERENCE ONLY  
BACKUP SE19-0004 FOR REFERENCE ONLY  
SE04-0004_ BOA MINUTES 05-24-04 FOR REFERENCE ONLY  
Senior Planner Emily Johnson provided a brief overview of a request to allow  
multi-family dwellings in B-4, General Business zoning district, for property located at  
3415 W. Anthony Road.  
Miles Anderson, Consulting Engineers, 1515 E. Silver Springs Boulevard, Ocala, FL,  
said he agreed with the presentation and was available to answer any questions.  
Motion to approve SE24-45543 with conditions.  
RESULT:  
MOVER:  
APPROVED  
George Carrasco, Jr.  
SECONDER: Rusty Juergens  
AYE:  
Chairman Hartley, Futch, Juergens and Carrasco  
Vice Chair Magamoll  
ABSENT:  
Creative Learning Preschool, LLC / SE24-45530  
c.  
Staff Report  
Application  
Aerial Map  
Case Map  
Attachments:  
Planner II Breah Miller provided a brief overview of a request to allow daycare facility  
in M-1, Light industrial zoning district, for property located at 5285 SW 1st Lane.  
Kayla Berg, 5285 SW 1st Lane, Ocala, FL, said Ms. Miller did a good job on her  
presentation and she is available to answer questions.  
Motion to approve SE24-45530 with conditions.  
RESULT:  
MOVER:  
APPROVED  
William R. Futch  
SECONDER: Rusty Juergens  
AYE:  
Chairman Hartley, Futch, Juergens and Carrasco  
Vice Chair Magamoll  
ABSENT:  
6.  
Variances  
4 Sisters Land Holdings, LLC / VAR24-45542  
a.  
Staff Report  
Attachments:  
Aerial Map  
Case Map  
Approved OHPAB Application  
OHPAB Staff Report  
Ms. Miller provided a brief overview of a request to reduce the rear setback from  
twenty-five-feet (25') to nine-feet (9') in R-3, Multi-Family Residential zoning district,  
for property located at 122 SE Wenona Avenue.  
Chief Planning Official Endira Madraveren said staff realized there was  
misrepresentation in the staff reports. The proposed addition is 18 feet from the street  
side from the right of way. Planning Director Aubrey Hale said the applicant could apply  
for administrative variance to allow the street side setback reduction of 18-feet from the  
required 20-feet.  
Toby Kelly, Pat Kelly Builder, 8085 NW 120th Street, Reddick, FL said he was available  
to answer questions.  
Motion to approve VAR24-45542 with the conditions.  
RESULT:  
MOVER:  
APPROVED  
William R. Futch  
SECONDER: George Carrasco, Jr.  
AYE:  
ABSENT:  
Chairman Hartley, Futch, Juergens and Carrasco  
Vice Chair Magamoll  
7.  
8.  
9.  
Staff Comments  
Board Comments  
Elections  
a.  
Chair  
Mr. Futch made the motion to appoint James Hartley as Chair.  
There being no further discussion the motion carried by roll call vote.  
RESULT:  
APPROVED  
MOVER:  
William R. Futch  
SECONDER: George Carrasco, Jr.  
AYE:  
Chairman Hartley, Futch, Juergens and Carrasco  
Vice Chair Magamoll  
ABSENT:  
Vice Chair  
b.  
Mr. Futch made the motion to approve Dustin Magamoll for Vice Chair.  
There being no further discussion the motion carried by roll call vote.  
RESULT:  
MOVER:  
APPROVED  
William R. Futch  
SECONDER: George Carrasco, Jr.  
AYE:  
Chairman Hartley, Futch, Juergens and Carrasco  
Vice Chair Magamoll  
ABSENT:  
10.  
Next Meeting: April 15, 2024  
Ms. Madraveren stated there will not be a Board of Adjustment Meeting in April.  
11.  
Adjournment