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Planning & Zoning Commission/ <br />Local Planning Agency Minutes <br />January 11, 2023 <br />Page 8 <br />The Board was polled. <br />Mr. Hale <br />No <br />Mr. Bowman <br />No <br />Ms. Saporito <br />Yes <br />Mr. Bakalla <br />No <br />Mr. Lucas <br />Yes <br />Mr. Burnett <br />Yes <br />The motion failed. <br />A discussion ensued regarding the criteria required to approve a variance and the ability to reconstruct <br />property if damaged by mother nature. Ms, Hyson read from the City Code the definition of non-compliant structures <br />and Section 2-8.8.2, Alterations to noncomplying structures, which allows a structure to be rebuilt after it is destroyed <br />by any means. <br />Mr, Hale asked for a motion to address BA 22-01. Mr. Burnett made a motion that the Planning and Zoning <br />Commission approve case number BA 22-01 to approve the variance application based upon the information but not <br />findings by staff in the staff report, by testimony and evidence presented tonight, the variance application meets the <br />ULDR requirements, incorporating the findings in Attachment A — C specifically including the arguments made by the <br />applicant in their application as the Planning and Zoning Commission's findings, the neighbor agreeing to the <br />variance request and the following four conditions of approval: <br />1. The variance shall only pertain to the proposed screen enclosure as shown in Attachment B. <br />2. The screen enclosure shall not exceed the height of the roof line of the principal structure. <br />3. A building permit shall be obtained prior to construction of the screen enclosure, within one year of <br />approval of the variance. <br />4. All of the above conditions shall be fully and faithfully executed, or the variance shall become null and <br />void. <br />Mr. Bowman seconded the motion. <br />The Board was polled. <br />Mr. Hale <br />Yes <br />Mr. Bowman <br />Yes <br />Ms. Saporito <br />Yes <br />Mr. Bakalla <br />Yes <br />Mr. Lucas <br />Yes <br />Mr. Burnett <br />Yes <br />The motion passed unanimously. <br />Seventh Item of Business: Public Comments. <br />