BOA Minutes 06/26/2008 - Laserfiche WebLink

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Board of Adjustment June 26, 2008 Page 2 Mr. Charles Senzee, Planner, reviewed the background information and the analysis of the request, provided in his memorandum to the Board of Adjustment, dated June 18, 2008 (a copy is on file in the Community Development Department). Mr. Senzee explained that the legal ad for the variance was based on the Lake Griffin Estates Planned Development regulations which allowed 56% impervious surface area. He said during his research it was determined that the City used a different methodology for calculating the impervious surface area and it allowed up to 65.6% of impervious surface area on the subject lot. He said this changes the variance request for the impervious surface area from 65.6% to approximately 69%. He said it is a reduction in the advertised variance; therefore, no additional public notification is required. A signed letter from the Homeowners' Association was distributed to the Board members (a copy of the letter is attached and made a part of the minutes). Mr. Senzee said that 37 notification letters were sent to the properties within 300' of the applicant's lot. He said he received an anonymous call from a nearby property owner in opposition to the variance. Mr. Senzee stated the variance application does not meet any of the six criteria for granting the variance; therefore, City staff cannot support the request. He said if the Board of Adjustment chooses to grant the variance requested for SA 08-06, for the property located at 473 Misty Oaks Run, to allow a 0.0 foot rear setback and a 3.4% increase in the maximum impervious surface ratio, the motion should be based upon the Board of Adjustment's findings of fact and conclusions, the property site plan attached to the staff report, and the conditions outlined in the staff report which were: 1. The variance shall only pertain to the pool area shown in Exhibit D that is attached to the staff report. 2. The pool, deck, and screen enclosure shall meet all other site development criteria. 3. A building permit for the pool, deck, and screen enclosure shall be obtained from the City's Building Safety Bureau within 60 days of the approval by the Board of Adjustment and the certificate of completion shall be obtained within 120 days of the issuance of the building permit. 4. A letter of approval from the Home Owner's Association shall be submitted prior to the issuance of any building permits. This letter shall fully address the setback and impervious surface issues to the satisfaction of Community Development and Public Works staff members. 5. The subject property shall meet all landscaping requirements prior to calling for a final inspection. Failure to comply with this requirement may delay completion of the project. 6. All of the above conditions shall be fully and faithfully executed or the variance shall become null and void. After a brief discussion, Ms. Gauvin asked the applicant to come forward. Ms. Miller said she disagreed with staffs determination for the following variance criteria: 1. Criteria NO.1-It does not take into consideration the size of the lot. Ms. Miller felt a special condition existed due to the size of the lot and the placement of the home which creates a circumstance that affects the ability to have a similar size pool that is allowed for other lots. 2. Criteria NO.2 - Ms. Miller said based on criteria no. 1, the condition was not created by the applicant. 3. Criteria No.3 - Ms. Miller said she couldn't say if the City was providing a privilege to her that the City would not also provide to another property requiring a variance. 4. Criteria NO.6 - She said granting the variance is in harmony with the general use of the residence.