BOA Minutes 08/24/2006 - Laserfiche WebLink

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Board of Adjustment August 24, 2006 Page 3 4. A building permit for all accessory structures on the property 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 approved within 120 days of the issuance of the building permit. 5. All of the above conditions shall be fully and faithfully executed or the variance shall become null and void. After a brief discussion, Mr. Billerbeck asked the applicant to come forward. Ms. Lisabeth Renee reviewed the following criteria for granting a variance: Criteria 1: Existence of special conditions or circumstances: Many properties within Casselberry are similar in shape and character to the subject property; there fore this is not a unique situation and does not qualify as a special condition or circumstance. The location of the structure is dependent on the location of the house on the lot. Criteria 3: Special Privileges not conferred: Similar properties within the city limits have been able to erect accessory structures which meet all building setback requirements. If the structure was placed forward it would be too close to the pool and more visible to the adjacent neighbors. Criteria 6: Not injurious to the public welfare. The subject accessory structure may not be injurious to the neighborhood. The amount of landscaping present on the site helps to buffer the SUbject accessory structure. Mr. Billerbeck noted that the applicant presented a signed petition from the adjacent neighbors (a copy is attached and made a part of the minutes). Mr. Billerbeck asked if there was anyone in the audience who wished to speak in favor of the request. No one came forward. There was no rebuttal by the City. Mr. Billerbeck asked if there was anyone in the audience who wished to speak in opposition to the request No one came forward. A lengthy discussion ensued regarding the six criteria required for approval of the variance and possible locations for the structure. Ms. Renee referred to Criteria 2 and questioned if the negligence was based on the applicant's negligence or the condition that exists on the property as to the location of the building. Mr. Witanowski said the structure was constructed based on information received from a professional in the construction industry. Mr. Witanowski responded to the Board's suggestion regarding relocating the structure stating that it would compromise the strength of the building if he had to disassemble and reassemble the structure.