PZ 04/10/2013 Minutes - Laserfiche WebLink

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Planning & Zoning Commission/ Local Planning Agency April 10, 2013 Page 7 purchased the home. Ms. Coutant expressed a safety concern with the cove created by the subdivision wall. Ms. Coutant felt that the fence location proposed by the Frye family is more visually pleasing. In response to the Commission's question regarding the proposed fence competing with the subdivision entrance, Ms. Coutant said she has talked to several of the neighbors and they were in agreement that the fence would not stand out. She felt that the fence would be aesthetically pleasing if the fence abutted to the subdivision wall. In response to the Commission's question, Ms. Coutant said that the maintenance of the wall is done on a voluntary basis within the neighborhood. Mr. Andrew Smith, 308 North Cypress Way, Casselberry, Florida came forward to speak in favor of the request. Mr. Smith said that his house was burglarized and it is an awful feeling. He said that the Frye family has put a lot of work to improve their home. Mr. Smith expressed a safety concern regarding the children at the bus stop climbing on the subdivision wall, He said he supported the variance request. Mr. Paul Baily, 277 Hoffman Court, Casselberry, Florida came forward to speak in favor of the request. Mr. Baily said he fully supports his neighbor's variance request. A brief discussion ensued regarding the location of the proposed fence. Mr. Sorensen stated that the variance criteria deals with the land itself. Mr. Meadows closed the public portion of the meeting. A general discussion ensued regarding the proposed fence breaking up the long expanse of the house, the proposed fence matching the height of the existing subdivision wall, ownership of subdivision wall and the existing subdivision wall possibly meeting the following variance criteria: 1. Existence of special conditions or circumstances 2. Special conditions not created by the applicant 3. Hardship condition exists 4. Only the minimum variance granted to make possible reasonable use of the land due to safety issues Mr. Meadows asked for a motion to address BA 13 -03. Mr. Wadley made a motion that the Planning and Zoning Commission grant a variance for a fence no higher than the height of the subdivision wall for BA 13 -03, for the property located at 203 Hoffman Court, the motion is based upon the Planning and Zoning Commission's findings of fact and conclusions, specifically that the wall in question creates special circumstances and hardships and that the finding of fact is the wall is owned by the homeowners' association and maintained by the collective homeowners, the staff report dated April