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Planning & Zoning Commission/ Local Planning Agency February 8, 2012 Page 4 Michael Wadley Yes The motion passed unanimously. Ninth Item of Business: BA 12.01: 20 Cobblestone Court/ Lisabeth Renee & John Witanowski. Variance request to reduce the rear yard setback from 20' to 8 ". Mr. Jason Sorensen, Planning Technician, reviewed the information provided in his memorandum dated February 8, 2012 to the City of Casselberry Planning and Zoning Commission (a copy is on file in the Community Development Department). Mr. Sorensen provided a PowerPoint Presentation (a copy is attached and made a part of the minutes). Mr. Sorensen said the variance application does not meet any of the criteria for granting the variance; therefore, City staff recommends denial of BA 12 -01. He said if the Board of Adjustment chooses to grant the variance requested for BA 12 -01, for the property located at 20 Cobblestone Court, to allow a 12 -foot encroachment into a 20 foot rear yard building setback for a 352 square foot shed, the motion would be based upon the Planning and Zoning Commission's findings of fact and conclusions, the property site plan attached to the staff report as Attachment B dated September 12, 1968, and the following conditions: 1. The variance shall only pertain to the 352 square foot accessory structure which encroaches 12' into the rear yard building setback as shown in Attachment B of the staff report. 2. The structure shall meet all other site development criteria. 3. The accessory structure shall not be used as a dwelling unit or for a commercial use. 4. All uses conducted in the shed that are associated with the home occupation shall be discontinued. 5. The third new unpermitted accessory structure shall be removed or a building permit shall be obtained for the new shed and one of the older sheds shall be removed. 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 regarding possible denial of the variance and violations to the home occupation regulations, Mr. Sorensen said the City would begin code enforcement action for both items. In response to the Commission's question, Mr. Sorensen said staff does not have any information regarding the City Commission's decision to grant a five year variance for the shed. A brief discussion ensued regarding the three sheds located on the property and clarification on which shed required a variance. Mr. Meadows asked the applicant to come forward. Ms. Lisabeth Renee, 20 Cobblestone Court, Casselberry, Florida came forward. Ms. Renee said she needed to clear up some erroneous information. Ms.