P & Z 04/11/2018 Minutes - Laserfiche WebLink

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Planning & Zoning Commission/ Local Planning Agency Minutes April 11, 2018 Page 5 In response to the Commission's question regarding the status of the code violation, Mr. Fathelbab said that the Code Compliance Division issued a courtesy notice and no further action would be taken until the variance issue is resolved. In response to the Commission's question, it was determined that a 6' fence could be located on the property that would not require a variance; however, it would not create a barrier that would screen the windows and walls or eliminate the noise. Mr. Fathelbab said that the applicant is planning to maintain the shrubbery in the front of the parcel. A brief discussion ensued regarding noise generated from the adjacent businesses, screening residential from commercial uses, concerns with setting a precedent with the variance and the malfunctioning street light in that area. Mr. Henson asked the applicant to come forward. Mr. Chester Blackmon, 311 Iris Road, Casselberry, Florida came forward. In response to the Commission's question, Mr. Blackmon said the streetlight is located at the corner of Iris and Tulip and the light has been repaired. In response to the Commission's question, Mr. Blackmon said that his bedroom window is now screen with the 6' fence and the other bedroom window is screen by the shrubbery. Mr. Blackmon said he was repairing/replacing an existing fence and he did not know he needed a permit. Mr. Henson asked if there was anyone in the audience who wished to speak in favor of, or in opposition to, the request. Ms. Virginia Wood, 321 Jasmine Road, Casselberry, Florida came forward to speak in favor of the variance request. Ms. Wood stated when the access to Jasmine Road from State Road 436 was eliminated she began using Iris Road to travel to and from her home. Mr. Henson asked for a motion to address BA 18-01. Ms. Hufford made a motion that the Planning and Zoning Commission approve BA 18-01 a variance application for 311 Iris Road front yard fence. The fence could remain due to the condition that it is adjacent to an industrial use, based on the findings of fact and the staff report dated April 11, 2018 with the three (3) conditions of approval including Attachments A -C. Mr. Phillips seconded the motion. The motion passed with a majority vote with Mr. Bakalla casting the dissenting vote.