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Planning & Zoning Commission/ Local Planning Agency April 10, 2013 Page 5 of $220 each, or $880. Mr. Sorensen requested the Planning and Zoning Commission make a determination on the applicant's request. After a brief discussion regarding possible conflicts with the existing power poles and plant units, Mr. Meadows asked the applicant to come forward. The applicant was not available. Mr. Meadows 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 discussion ensued regarding the lack of landscaping on the site, staff's recommendations and Code requirements required for compliance. Mr. Meadows asked for a motion to address SPR 13 -02. Mr. Hale made a motion to deny SPR 13- 02, 4630 South US Highway 17/92, tree replacement waiver request. Mr. Van Meter seconded the motion. The motion passed unanimously by voice vote. Ninth Item of Business: BA 13 -03: 203 Hoffman /Kevin and Karen Frye. Variance 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 24.5 feet into a front yard. Mr. Jason Sorensen, Planner I, reviewed the information provided in his memorandum dated April 10, 2013, to the City of Casselberry Planning and Zoning Commission (a copy is on file in the Community Development Department). Mr. Sorensen presented a PowerPoint presentation (a copy is attached and made a part of the minutes). Mr. Sorensen stated the variance application does not meet all six criteria for granting the variance; therefore, staff does not support the variance request. He said if the Planning and Zoning Commission chooses to grant a variance for a 6 foot fence the Planning and Zoning Commission motion should include findings of fact that meet the six criteria and should be based on the following conditions: 1. The fence shall encroach no more than 24.5 feet into the front yard located on Cypress Way as determined by the principal structure on the lot, 2. The fence shall not be located forward of the rear corner of the house. 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. HOA approval will be required. 6. All of the above conditions shall be fully and faithfully executed or the variance shall become null and void. In response to the Commission's question, Mr. Sorensen estimated the height of the subdivision wall to be 5 feet.