BOA Minutes 06/22/2006 - Laserfiche WebLink

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Board of Adjustment June 22, 2006 Page 3 Jonathon Miller Yes Luis Guzman Yes The motion passed unanimously. Fourth Item of Business: BAOS-OS: 400 Morrill Trail - David Kina. Variance request to Chapter II, Article VII, Section 2-7.7 and Table 2-5.4 "Size and Dimension Regulations," to grant a 1S-foot encroachment into a front yard building setback, creating a 9-foot front yard in lieu of the required 25-foot rear yard. Mr. Billerbeck asked the applicant to come forward. Mr. David King, 400 Morrill Trail, Casselberry, Florida came forward. Mr. King stated he is requesting the variance due to property damaged incurred from pine trees, sap, and, squirrels. Mr. Dorsten distributed an email from the applicant to the Planning and Zoning Commission (a copy is on file in the Community Development Department). Mr. Matt Dorsten, Planner, reviewed the background information and the analysis of the request, provided in his memorandum to the Board of Adjustment, dated June 16, 2006 (a copy is on file in the Community Development Department). Mr. Dorsten made a correction to the agenda stating there are two variances being requested for BA 06-05. Mr. Dorsten said there is a variance request for a 16' encroachment into the front yard building setback and a variance to allow the carport in the front yard. Mr. Dorsten stated that the applicant has submitted a building permit with engineered plans and the Building Official said, based on the engineered plans, the structure would comply with the Florida Building Code. Mr. Dorsten stated the variance application does not meet all of the criteria for granting the variances; therefore, City staff cannot support the request. He said if the Board of Adjustment chooses to grant the two variances requested for BA 06-06 to allow a 400 square foot carport, the motion should be based upon the Board of Adjustment's findings of fact and conclusions, the property site plan (Exhibit B) dated January 22, 2004, and the following conditions: 1. The variance shall only pertain to the existing carport as identified in Exhibit B. 2. The carport shall not be enlarged upon, expanded, or extended. 3. A building permit for the addition shall be obtained from the City's Building Safety Bureau within 30 days of the approval by the Board of Adjustment and a final inspection shall be obtained with 120 days of the issuance of the building permit. 4. All of the above conditions shall be fully and faithfully executed or the variance shall become null and void. Mr. Dorsten made a correction to criteria number 6 in the analysis portion of the staff report, stating it does not conform to the requested variances. A discussion ensued regarding the existing two-car garage and relocating the carport to the rear yard.