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Planning & Zoning Commission/ Local Planning Agency July 11, 2012 Page 2 Fifth Item of Business: BA 12 -03: 801 Mark David Boulevard /Joseph Huntington. 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 77 feet into a front yard. Ms. Marie Regan, Planner II, reviewed the information provided in her memorandum dated July 11, 2012, to the City of Casselberry Planning and Zoning Commission (a copy is on file in the Community Development Department). Ms. Regan provided a PowerPoint presentation (a copy is attached and made a part of the minutes). Ms. Regan stated the variance application meets all six criteria for granting the variance. She said Staff supports the variance request. Ms, Regan reviewed the following conditions of approval: 1. The fence shall be allowed as indicated in the property survey attached as Exhibit B to the staff report. 2. The fence shall not exceed six feet in height and shall not be enlarged in any way. 3. The fence shall be maintained in good repair and the good side must face out or the variance will become null and void. 4. The existing chain link fence shall be taken down in conjunction with the erection of the new fence. 5. The proposed fence shall not come forward of the building facade along the Mark David Boulevard, 6. The fence shall not encroach into the utility easement. 7. All of the above conditions shall be fully and faithfully executed or the variance shall become null and void. Mr. Meadows asked the applicant to come forward. Mr. Huntington, 801 Mark David Boulevard, Casselberry, Florida came forward. In response to the Commission's question, Mr. Huntington said he agrees with staffs conditions of approval. Mr. Huntington said that he may not erect the entire fence at one time. He said he would not erect a fence in front of the chain link fence and he would remove the chain link fence before erecting the new fence. 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. Mr. Meadows asked for a motion to address BA 12 -03. Mr. Bryan recommended approval to grant the variance for BA 12 -03 for the property located at 801 Mark David Boulevard, to allow a 6 foot high fence 77 feet in a front yard as determined by the location of the main structure, the motion is based upon the Planning and Zoning Commission's findings of fact and conclusions, the staff report dated July 11, 2012, the property survey attached as Exhibit B to the staff report, and the five conditions of approval included in the staff report. Mr. Weinroth seconded the motion. The motion passed unanimously by voice vote.