PZ 03/13/2013 Minutes - Laserfiche WebLink

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Planning & Zoning Commission/ Local Planning Agency March 13, 2013 Page 7 in the staff report. Also that the roof would be part of the screen enclosure and no walls would be allowed in the construction of this improvement or in the future. Mr. Bryan withdrew his motion. A lengthy discussion ensued regarding the six criteria required to grant a variance. Mr. Meadows reopened the public portion of the meeting. In response to the Commission's question regarding the applicant installing a screen enclosure without the roof, Mr, Hastings said they would not go forward with the screen enclosure. He said they wanted some relief from the elements. Mr. Meadows asked for a motion to address BA 13 -01. Mr. Guzman made a motion to deny BA 13 -01 based upon the factual finding that the applicant has failed to meet all six criteria set forth in the Unified Land Development Regulation Section 1 -27. Mr. Bryan seconded the motion. The motion passed unanimously by voice vote. Ninth Item of Business: BA 13.02: 115 Todd Drive Selviie Rexhai. Variance request to Article VII, Section 2- 7.10 "Fences and Walls" of the Casselberry Unified Land Development Regulations to allow a 6.0 foot fence to encroach 20 feet into a front yard as determined by the principal structure on the lot. Ms. Marie Regan, Planner Il, reviewed the information provided in her memorandum dated March 13, 2013, to the City of Casselberry Planning and Zoning Commission (a copy is on file in the Community Development Department). Ms. Regan presented a PowerPoint presentation (a copy is attached and made a part of the minutes). Ms. Regan said the variance application does not meet all six criteria for granting the variance. She said staff does not support the variance request. She said if the Planning and Zoning Commission chooses to grant a variance for a 6 foot fence for BA 13 -02, for the property located at 115 Todd Drive, the motion should be based upon the Planning and Zoning Commission's findings of fact and conclusions, the staff report dated March 13, 2013, the property survey attached as Exhibit B to the staff report, and the following conditions: 1. The fence shall encroach no more than 8 foot into the front yard located on Stanhope Drive as determined by the principal structure on the lot. 2. The fence shall begin no further forward than 18 foot from the front of the principal structure located on Todd Drive. 3. The fence shall not exceed six feet in height and shall not be enlarged in any way. 4. The fence shall be maintained in good repair and the good side must face out or the variance will become null and void. 5. Where property is part of a homeowners association the fence shall be erected in line with association rules.