PZ 02/09/2011 Minutes - Laserfiche WebLink

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Planning & Zoning Commisslonl Local Planning Agency February 9, 2011 Page 2 Planning and Zoning Commission may grant a waiver to the replacement requirements if both of the following criteria have been met: 1. that the literal interpretation of the section will deny the applicant reasonable use of property, and 2. where such waiver can be demonstrated to be consistent with the purpose and intent of the tree regulations as stated in Section 3-14.2 Mr. Raasch said that staff finds that the request to waive $17,710 for tree replacement does not meet the required criteria and staff is unable to support the waiver request. Mr. Aramendia asked the applicant to come forward. Mr. Richard Daves, Vice President for Operations for The Center for Drug Free Living, 10 Hitching Post Lane, Casselberry, Florida came forward. Mr. Daves said a year ago The Center for Drug Free Living applied for a waiver and Mayor Glancy spoke in favor of the waiver at the Planning and Zoning Commission meeting. Mr. Daves thought at that meeting the Mayor provided a way to solve the problem when she asked us to work with staff to come up with a solution. He said a site plan was submitted to the Community Development Department for review. He said it seems the solution would be to approve the site plan as it was. He said The Center for Drug Free Living has inherited a nasty situation from the two previous owners and they are trying to make the best of it. Mr. Daves said The Center for Drug Free Living has incorporated a counseling component that has had a significant drain on the operation model. He said there is no place to add more trees to the site. Mr. Daves said they proposed to make a donation to the tree bank for any future trees that die or any trees that have died since The Center for Drug Free Living took over the property. He said they requested a waiver of $15,000 when they took over the property. Mr. Aramendia asked if there was anyone in the audience who wished to speak in favor of, or in opposition to, the request. No one came forward. A brief discussion ensued regarding notification of outstanding issues on a property when there is a change in ownership. Mr. Raasch stated the landscaping issues are a condition of the site plan and run with the land; however, the new property owner would not be aware of the outstanding issues unless a lien was filed on the property.