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Planning & Zoning Commission/ Local Planning Agency January 8, 2014 Page 8 Tenth Item of Business: BA 13 -06: 546 El Dorado Way /M. King. Variance request for a 14.5 rear setback in lieu of the required 20 foot rear setback for enclosure of an existing screen porch in the R -9 zoning district. Mr. Jason Sorensen, Planner I, reviewed the information provided in his memorandum dated January 8, 2014, 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 meets one of the six criteria for granting the variance; therefore, City staff cannot support the request. He said if the Planning and Zoning Commission chooses to grant the variance requested for BA 13 -06, for the property located at 546 El Dorado Way, to allow a 14.5' rear yard setback in lieu of the 20' rear yard setback required for structures in the R -9 zoning district, the motion should be based upon the Planning and Zoning Commission's findings of fact and conclusions, the property site plan attached as Exhibit A to the staff report, and the following conditions: 1. The variance shall only pertain to the existing porch and the enclosure of the porch. 2. A building permit for the enclosure of the structure shall be obtained from the City within 90 days of the approval by the Planning and Zoning Commission. 3. The structure shall meet all other site development criteria at the time of permitting. 4. 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. Perry Smith, 546 El Dorado Way, Casselberry, Florida came forward. Mr. Smith said that he has lived in the home for 43 years. He said in 1989 he received a permit for a screen porch and when he applied for a permit to convert it to a sunroom it was denied. He said that the sunroom would be located in the same area. He said Greater Construction built the home in 1969 in the required setback. Mr. Smith stated that he has received a building permit for the worked performed at his home. Mr. Meadows asked if there was anyone in the audience who wished to speak in favor of, or in opposition to, the request. Mr. Ed Adams, 527 El Dorado Way, Casselberry, Florida came forward to speak in favor of the request. Mr. Adams said that his home was also built in the setback. He said the porch has been there for many years and there have been no complaints. He recommended the Commission grant the variance request. Mr. James Fraleigh, 23 Teresa Court, Casselberry, Florida came forward. Mr. Fraleigh said the building is already there and it has been permitted and inspected. He said it is a formality allowing him to do what he wants to do with his property. He said this should be grandfathered in.