BOA 05/26/2011 Minutes - Laserfiche WebLink

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Board of Adjustment May 26, 2011 Page 2 Sixth Item of Business: Disclosure of Ex-Pane communications. No disclosure of Ex Parte Communications was made by the Commissioners. The agenda order was modified to hear BA 11.04 first. Seventh Item of Business: BA 11.04: 2649 Queen Mary Place/Larry and Joan Bittle Variance request to Article V, Section 2-5.4 "Size and Dimension Criteria" and Table 2.5.4 of the Casselberry Unified Land Development Regulations to allow a 12.0 foot rear building setback in lieu of the 15.0 foot building setback required within the PRD zoning district. Ms. Gauvin asked the applicant to come forward. Ms. Joan Bittle, 2649 Queen Mary Place, Maitland, Florida came forward. Ms. Bittle distributed and reviewed various photographs of their patio area and other homes in the Brittany Garden subdivision that have been granted variances for similar requests, Brittany Gardens Homeowners' Association ARB Request Form and an email approving the request from the Brittany Gardens Homeowners' Association (copies are attached and made a part of the minutes). Ms, Bittle stated that she received the criteria required for granting a variance and she provided the following reasons why her conditions are different than what was stated in the City's staff report: 1. Photographs 1 and 2; Shows that a retractable awning cannot be installed due to the limited space between the French doors and the soffit. 2. Photographs 3 and 4: The placement of an aluminum post to erect a 10'x24' roof in compliance with the setbacks is not feasible because of the location of the existing screen door. 3, Photographs 5, 6, 7 and 8: Shows various variances that have been granted within the Brittany Garden's subdivision. Ms. Bittle requested a variance to construct a roof similar to other structures that have been constructed in their neighborhood. She said the roof would provide some shade in their patio area. Mr. Eric Raasch, Planner, reviewed the background information and the analysis of the request, provided in his memorandum to the Board of Adjustment, dated May 20, 2011. Mr. Raasch also presented a PowerPoint Presentation (a copy of the presentation is attached and made a part of the minutes). Mr. Raasch stated the variance application meets one of the six criteria for granting the variance; therefore, City staff cannot support the request, He said if the Board of Adjustment chooses to grant the variance requested for BA 11- 04, for the property located at 2649 Queen Mary Place, to allow a 12' rear yard setback in lieu of the 15' rear yard setback required for structures within the Brittany Garden's subdivision for construction of a building addition, the motion should be based upon the Board of Adjustment's findings of fact and conclusions, the property site plan (Attachment B to