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Planning &Zoning Commission/ Local Planning Agency April 12, 2017 Page 3 Motion was seconded by Mr. Bakalla. Motion passed unanimously by voice vote. 6. BA 17-01: 87 North Winter Park Drive (09-21-30-5BM-OA00-0840). Variance request for a front yard fence to exceed the height of 3 feet. Staff Presentation: Mr. Dean Fathelbab, Planner/, reviewed the information provided in staff's memorandum dated April 12, 2017, and gave a PowerPoint presentation to the City of Casselberry Planning and Zoning Commission (a copy of the PowerPoint presentation is attached to and made a part of these minutes). Mr. Fathelbab advised that the request was for consideration of a variance to allow a 6 -foot vinyl fence in the front yard rather than the required 3 -foot fence as provided in the ULDR (Unified Land Development Regulations) Section 2-7.10(C)(1) in order to screen vehicular traffic and lights from the commercial use of the gas station right next door. He advised that the variance application meets all six (6) criteria for granting the variance, as follows: 1. Existence of special conditions or circumstances. That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other land, structures or buildings in the same zoning district; 2. Conditions not created by applicant. That the special conditions and circumstances do not result from the action or negligence of the applicant; 3. Special privileges not conferred. That granting the variance requested will not confer upon the applicant any special privileges denied by the land development regulations to other lands, buildings or structures in the same zoning district; 4. Hardship conditions exist. That literal interpretation of the provisions of the land development regulations would deprive the applicant of rights commonly enjoyed by other properties in this same zoning district under the terms of this ordinance and would work unnecessary and undue hardship on the applicant, 5. Only minimum variance granted. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure; and 6. Not injurious to the public welfare. That the granting of the variance will be in harmony with the general intent and purpose of the land development regulations and that such variance will not be injurious to the area involved or otherwise detrimental to the public interest or welfare. Mr. Fathelbab advised that based on the fact that the applicant meets these six (6) criteria, staff is in support of the variance request as presented. He stated that if the Planning and Zoning Commission chooses to grant the front yard fence height and design variance, BA 17-01, for property located at 87 North Winter Park Drive, the motion should be based upon the Planning and Zoning Commission's findings of fact and conclusions, the staff report dated April 12, 2017, and the following three conditions as listed in the staff report dated April 12, 2017: 1. The front yard encroachment of the proposed 6' vinyl fence shall not exceed the length of existing wooden fence, approximately 88 feet; 2. A building permit shall be required prior to the installation of the proposed vinyl fence; and 3. All of the above conditions shall be fully and faithfully executed or the variance shall become null and void. Discussion ensued regarding concerns from the Commission, including the fact the applicant was required to pay for the variance application; what the original landscaping requirements were for the gas station; and the need for staff to review the original site plan to determine the responsibility for all involved parties. Mr. Fathelbab advised that staff would review the original site plan, and noted that staff was already looking into amending the ULDR to provide the