BOA 06/24/2010 Minutes - Laserfiche WebLink

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Board of Adjustment June 24, 2010 Page 2 in line with the Millers' home and he wanted to protect the Miller's privacy. He felt the natural choice was to construct it at the rear of the house because there was an existing patio and it followed the natural flow of the house. He said it was less of an impact to the neighborhood because it bordered the retention pond. A brief discussion ensued regarding the improvements to the existing porch area and the encroachment into the easement. Mr. Eric Raasch, Planner I, reviewed the background information and the analysis of the request, provided in his memorandum to the Board of Adjustment, dated June 17, 2010 (a copy is on file in the Community Development Department). Mr. Raasch stated the variance application meets three of the six criteria for granting the variance; therefore, City staff cannot fully support the request. He said if the Board of Adjustment chooses to grant the variance requested for BA 10-02, for the property located at 2689 Queen Mary Place, to allow a 0' rear yard setback in lieu of the 15' rear yard setback required for structures within the Brittany Gardens PRD, 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 as Exhibit B, and the following conditions: 1. The variance shall only pertain to the porch cover shown in Exhibit B, 2, A building permit for the porch cover shall be obtained from the City's Building Safety Bureau within 60 days of the approval by the Board of Adjustment. 3. An approval letter from the Brittney Gardens Homeowners Association shall be provided to Community Development prior to the issuance of a building permit. This letter shall directly reference the subject porch cover. 4. The porch cover shall meet all other site development criteria at the time of permitting. 5. All of the above conditions shall be fully and faithfully executed or the variance shall become null and void. In response to the Board's question regarding the Brittany Gardens Homeowners' Association Encroachment Agreement attached to the staff report as Attachment D, Mr. Raasch stated that the agreement references the aluminum awning and his interpretation of the agreement would not allow any screening. The Board said that the conditions of approval state that the variance pertains only to the porch cover and any additional changes to the awning would require additional approval. A brief discussion ensued regarding the criteria required for granting a variance. Mr. Guzman asked if there was anyone in the audience who wished to speak in favor of the request. Mr. James Audet, Vice President of Homeowners' Association, 2653 Queen Mary Place, Maitland, Florida came forward. He said that the Homeowners' Association executed an encroachment agreement for the awning.