BOA 05/26/2011 Minutes - Laserfiche WebLink

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Board of Adjustment May 26, 2011 Page 5 that other variances were granted in the subdivision and she is not receiving that special privilege. Ms. Bittle said it is a hardship because she cannot enjoy the patio the way the people who have received variances for their property. She said they don't have the complete use of their land. Ms. Bittle explained that she has lost 3'/feet due to the wall plus an additional 8" for the block. She said the rest of the subdivision does not have a wall. Ms. Bittle felt that she met the criteria for granting a variance. Ms. Gauvin asked if there was anyone in the audience who wished to speak in favor of the request. No one came forward. Ms, Gauvin asked if there was anyone in the audience who wished to speak in opposition to the request. No one came forward. Mr. Guzman reviewed the list of variances granted for the Brittany Garden's subdivision. Mr. Guzman stated that the two variances that were granted in 2010 were granted based on precedence. Mr. Guzman stated that there is criteria for granting a variance and none of them include precedence. A general discussion ensued regarding the applicant meeting the burden to satisfy the criteria for granting a variance. Mr. McMullen suggested continuing this item to allow the applicant time to meet the criteria. Ms. Gauvin stated that the applicant could meet with Staff to find possible options for their property. Ms. Gauvin asked for a motion for BA 11-04. Mr. McMullen made a motion to continue BA 11-04 to the next meeting. Mr. Weinroth seconded the motion. The Board was polled. Mary Anne Gauvin Yes Luis Guzman No Earl McMullen Yes Stanley Weinroth Yes The motion passed with a majority vote. In response to the Board's request, Mr. Raasch stated staff reviews the six criteria required to receive a variance at the pre-application meeting. He said staff explains to the applicant that it is their burden to meet the six criteria for granting of a variance. Eighth Item of Business: BA 11 03:806 Mark David BoulevardlCity of Casselberry, Variance request to Article X, Section 310.2 "Appearance of site and structures" ofthe CasselberryUnified Land Development Regulations to