Ocala Board of Adjustment Meeting – August 17, 2026

The Ocala Board of Adjustment (BOA) met on August 17, 2026, at Ocala City Hall to consider a variance request for floodplain elevation standards, approve meeting minutes, and address board and staff matters.

Meeting Opening & Approval of Minutes

• The meeting was called to order at 5:30 PM with a quorum present; member Ethan White was absent.
• Proof of publication was acknowledged: a public meeting notice was posted at City Hall and published in the Ocala Gazette on July 31, 2026.
• The minutes from the July 20, 2026 meeting were approved unanimously via roll call (6-0).

Special Exception – Variance VAR26-0003

• Applicant/Property: Eugene and Cheryl Johnson, represented by Austin T. Daly (Klein and Klein Law Firm), for property at 3181 NE 2nd Avenue (parcel 24868-002-00).
• Request: A variance to Chapter 90 (Flood Prevention) to reduce the required finished floor elevation from 57.9 feet to 57.33 feet. The property lies in FEMA flood zone AE (1% annual flood risk); the base flood elevation (BFE) is 56.9 feet, and the Florida Building Code requires one foot above BFE (57.9 feet). The constructed slab is at 57.33 feet (6 inches above BFE but 6 inches below code).
• Background: The structure passed all final building inspections in November 2024, but the elevation error was discovered in December 2024 during the final elevation certificate for a certificate of occupancy (CO).
• Staff Analysis & Recommendation: Denial would cause undue hardship (only remedy would be demolition and rebuilding). The city engineer found no increase in neighborhood flooding potential; the variance is the minimum needed for compliance. Staff recommended approval with two conditions:
  1. A certificate of occupancy must be issued within 60 days of variance approval.
  2. The applicant must record the variance approval in Marion County public records.
• Board Discussion:
  • Board members questioned safety impacts, flood insurance implications, and risk to the city. The city engineer stated no safety concern for adjacent properties; the only risk is increased flood insurance for the owner. He noted that Ocala's FEMA maps may overstate flood risk based on local percolation and past storms.
  • The applicant argued the error was not caused by them, the variance does not confer special privilege, and the harm of denial (tearing down the building) far outweighs any negligible impact to the city or neighbors.
• Vote: Motion to approve the variance as recommended by staff (motion by George Carrasco, second by Dustin Magamoll). Approved unanimously (6-0).

Public Comments & Testimony

• No additional public comments were made during the designated public comment period.

Staff Comments & Board Comments

• Staff reminded board members to fill out forms sent via city email; one board member requested the email be resent. Staff noted the deadline for compliance with forms is September 1, 2026.
• The board observed a moment of silence for Charlie Reese, a longtime former BOA member, at the request of a board member.

Next Meeting & Adjournment

• The next regular meeting is scheduled for September 21, 2026. A tabled item from the previous month may be heard pending applicant response.
• The meeting was adjourned.