BOA 06/24/2010 Minutes - Laserfiche WebLink

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Board of Adjustment June 24, 2010 Page 3 Ms. Lucilia Weinroth, 2685 Queen Mary Place, Maitland, Florida came forward. Ms. Weinroth stated she lives adjacent to the applicant and she didn't realize that Mr. Bongiorno installed the awning. Ms. Weinroth stated the awning would not decrease the property values in the area. Mr. Jon Miller, 2693 Queen Mary Place, Maitland, Florida came forward. Mr. Millerfeltthatthe awning improved the property values and in turn helps the adjacent neighbors with an increase to the overall property values. Mr. Miller stated that the Brittany Garden's Homeowners' Association approved the awning and he felt it was in the best interest for the City to do so as well. He said the Board reviews the findings of fact to justify granting a variance. Mr. Miller felt that criteria 2 through 5 met the criteria for granting a variance for the following reasons: Criteria No. 2 ~ The applicant obtained permission from the Brittany Garden's Homeowners' Association for the easement encroachment. He felt that should mitigate this condition and replace it because the Brittany Garden's Homeowners' Association has stricter requirements than the City as a whole. He said that Criteria No. 1 seems to be an extension of Criteria No. 2. There is a special condition in that there are two rear yards within this property. Criteria No. 3 -There would not be a special privilege because it is shown in the past there were several other properties that received similar encroachment easements granted by the Board of Adjustment. The adjacent neighbors (himself and the Weinroths) are in favor of the variance request. Criteria No. 4 ~ A hardship condition would exist due to the time and money invested and removal of the awning would depreciate the property value of the Bongiorno's home and the surrounding properties. He felt that it would be detrimental to him and the Weinroth's if the awning was removed because the awning helped to increase the resale value of their properties. Criteria No. 5 a The minimum variance would be 0 because any change to the structure would affect the property value and would create a financial hardship. Mr. Stanley Weinroth, 2685 Queen Mary Place, Maitland, Florida came forward. Mr. Weinroth stated he didn't realize they had constructed an awning until he received notification from the City regarding the variance request. He said the contractor that erected the awning did not notify the applicant that he needed approval from the Board of Adjustment. He said the applicant is here in good faith and hoped that the Board would treat him the same way. Mr, Ray Dedering, 2680 Queen Mary Place, Maitland, Florida, came forward. Mr. Dedering stated that there are fences in the 5' easement that go in and out. He said that Mr. Bongiorno may not have a zero setback because his enclosure does not extend to the property line.