110 SE Watula Avenue  
Ocala, FL 34471  
Ocala  
Board of Adjustment  
Minutes  
5:30 PM  
Monday, July 15, 2024  
1.  
Call To Order  
Present:  
Chairman James Hartley  
George Carrasco Jr.  
Vice Chair Dustin Magamoll  
Rusty Juergens  
a.  
b.  
Pledge  
Roll Call  
Chairman James Hartley  
George Carrasco Jr.  
Present:  
Vice Chair Dustin Magamoll  
Rusty Juergens  
2.  
Public Notice  
It was acknowledged that a Public Meeting Notice was posted at City Hall (110 SE Watula  
Avenue, Ocala, Florida 34471) and published in the Ocala Gazette on June 28, 2024.  
a.  
Attachments:  
3.  
Approval of Minutes  
There being no further discussion the motion carried by roll call vote.  
RESULT:  
APPROVED  
MOVER:  
Rusty Juergens  
SECONDER: George Carrasco, Jr.  
AYE:  
Chairman Hartley, Carrasco, Vice Chair Magamoll and Juergens  
Attachments:  
4.  
Variance  
a.  
Andy J. Tingue/VAR24-45701  
Attachments:  
City Projects Director Tye Chighizola provided a brief overview of a request for a  
variance to reduce the base flood elevation from 83.1 feet to 78.1 feet for the property  
located at 3713 SE 8th Street (Parcel # 27711-000-00); approximately .49 acres. During  
a severe storm in June 2023, a tree fell on the house, causing significant damage and  
injuring an occupant. The family had to temporarily move into Recreational Vehicles on  
the property until the house was repaired or rebuilt. In October 2023, it was determined  
that the house was beyond repair, and the homeowner, facing a challenging situation,  
submitted plans to rebuild the house with a footprint of 63 feet wide by 49 feet deep.  
City Engineer Director, Flood Plain Administrator Sean Lanier stated that  
topographically it is difficult to work with flood ordinances on a half acre lot. If a  
property is elevated five feet, the property owner would need to provide compensatory  
storage.  
Mr. Juergens asked if FEMA flood plains reports changes every 5-6 months. Mr. Lanier  
replied no, they come through every so often. Mr. Lanier provided a brief history of the  
A zone area and stated that the goal is to get everyone out of the flood hazard area. Mr.  
Lanier mentioned that a long-term solution may include expanding the existing water  
retention facilities and submitting a Letter of Map Amendment (LOMA) to remove the  
properties from the floodplain.  
Mr. Chighizola said the customer has a temporary C.O. (Certificate of Occupancy)  
because of the circumstance process, but that is why there is a request for a variance.  
Mr. Magamoll asked if the problem was the expedited permitting process. Mr.  
Chighizola replied yes, it came through permitting as a rebuild and should have been  
looked at when the new plans came into the department. Mr. Carrasco asked if the  
applicant had to pay for permit fees. Mr. Chighizola replied the City covered the  
permitting fees.  
Michael W. Chuchian, 3726 SE 7th Street, Ocala, FL, said he lives in the neighborhood  
and in 2010 he went through the same scenario and the variance was denied. The house  
caught on fire and was demolished. Mr. Chuchian said the applicant is not required to  
have flood insurance, but everyone else does. A owner/builder permit should not exceed  
$75,000.00 and he has $200,000.00 in value. The house was 2,032 square feet and now it  
is 3,108 square feet and all the fees were waived. Mr. Chuchian said he built his house  
out of the flood zone because the City would not allow to build on that property, so he  
brought 300 hundred loads of dirt and a stone wall to be able to build on his property.  
Mr. Carrasco stated that the Board should move forward with the application and let the  
City sort it out.  
Mr. Lanier stated that the applicant is still in the floodplain, and the recordings will have  
to be done on his property. It does penalize the homeowner for the variance. A packet  
was sent via certified mail to the homeowner and warns him of the increased risk of  
flooding and the flood insurance will be a higher rate. A house that is valued at  
$250,000.00 will have to pay $62,000.00 a year for flood insurance.  
Mr. Chighizola said he did not see a variance request in the record for 3726 SE 7th  
Street, Ocala, FL, in 2010.  
Mr. Hartley asked if the construction was done before the variance request at no fault of  
the applicant. Mr. Chighizola replied yes.  
Motion to approve VAR24-45701, with conditions of a Certificate of Occupancy must be  
issued within 60 days of the Board of Adjustment's approval, or this Variance will  
expire, add a slab for the air conditioning system, applicant must comply with the  
recording requirements of 90.17 (h) (3) & (4).  
RESULT:  
MOVER:  
APPROVED  
George Carrasco, Jr.  
SECONDER: Dustin Magamoll  
AYE:  
Public Comments  
None.  
Chairman Hartley, Carrasco, Vice Chair Magamoll and Juergens  
5.  
6.  
7.  
Board Comments  
None.  
Staff Comments  
Mr. Chighizola said staff is still trying to get additional board members. A proposal went  
through City Council to reduce the board down to five members instead of seven. City Council  
decided to keep it at seven, but members can serve on the Planning and Zoning and the Board of  
Adjustment. Mr. Chighizola stated the ordinance was changed, some requirements were taken  
out, and now you just have to be a registered voter to serve on either board.  
Mr. Carrasco asked about the financial disclosure. Mr. Chighizola replied there has been some  
changes since the last time.  
Mr. Carrasco asked about the number of members on the other boards. Mr. Chighizola said most  
of the boards are seven and the smaller boards may have five. Mr. Carrasco asked if a Zoom  
meeting was possible. Mr. Chighizola replied that he did not think that a zoom meeting was  
possible, but dates can be pushed back.  
Growth Management Director Jeff Shrum said staff is trying to get the vacant positions filled  
and it is really important to know in advance if someone is going to be absent. Mr. Shrum said  
he will ask the City Attorney whether a Zoom meeting can be done.  
8.  
9.  
Next Meeting: August 19, 2024  
Adjournment