BOA 06/23/2011 Minutes - Laserfiche WebLink

Home Browse Search

Board of Adjustment June 23, 2011 Page 3 some refuge from the sun in the summer. A general discussion ensued regarding the criteria required to grant a variance and the 8 foot high concrete block wall located along the rear boundary of the home. In response to the Board's question regarding the applicant working with staff to explore other possible options that could be used to help create some shade in the rear yard, Ms. Bittle said they researched using an awning; however there isn't sufficient room to install a retractable awning. She said she wanted a retractable awning due to hurricanes and wind. Ms. Bittle explained that construction of a smaller roof would require relocating the existing screen door which would be very costly and a lot of work. She said there are no other alternatives for them. In response to the Board's question regarding consulting the City for other possible options, Ms. Bittle said she didn't know that she was to discuss it with the City because she felt that she exhausted all her options. She said she was open for suggestions. Ms. Gauvin said at the last Board of Adjustment meeting, the Board suggested that the applicant work with staff to find an option that would not require a variance. Ms. Bittle questioned how people were granted a variance after the work was completed. She felt she was taking the brunt of something that she had not created. She said she is trying to get some shade in her yard. In response to the Board's question regarding staff working with the applicant to find other possible alternatives to provide shade in the rear yard, Mr. Raasch stated that this is what the applicant would like and that option requires a variance. Mr. Raasch said that the City Manager and the Community Development Director have requested staff to revisit the setback requirements within the Brittany Garden's subdivision due to the granting of several variances in the past. He said that staff plans to meet with the Brittany Gardens Homeowners' Association to see if they would be amenable to changing the adopted development agreement to allow for some further encroachment in the rear yards. In response to the Board's question regarding the applicant's response to the criteria for granting a variance, Mr. Raasch said the City stands by its analysis of the variance criteria that was submitted in the initial staff report. A general discussion ensued regarding the criteria required for granting a variance. Mr. Raasch explained that staff provides a recommendation to the Board of Adjustment; however, the Board can make its own determination, A brief discussion ensued regarding the existing concrete block wall.