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CASSELBERRY CITY COMMISSION Minutes of September 25, 2006 - Regular Meeting Page 10 of 18 D. APPEAL TO BOARD OF ADJUSTMENT'S DENIAL FOR A VARIANCE - 20 COBBLESTONE COURT - REOUEST FOR REAR YARD SETBACK Legal Advertisement: The notice of public hearing relevant to this appeal was published in the Orlando Sentinel on September 14, 2006. Staff Presentation: Eugene Miller, Interim City Manager, stated Lisabeth Renee and John Witanowski, property owners of record of 20 Cobblestone Court, provided a letter requesting an appeal to the Board of Adjustment's decision to deny a variance request to the rear yard setback. Ms. Renee and Mr. Witanowski petitioned the Board of Adjustment to consider granting a variance to Chapter II, Article VII, Section 2-7.7 and Table 2-5.4 "Size and Dimension Regulations" to allow a 12-foot encroachment into a rear yard building setback, creating an 8-foot rear yard building setback in lieu of the required 20-foot rear yard. Chapter I, Article II, Section 1-2.7 grants the Board of Adjustment quasi-judicial authority to review variance request applications and also provides specific criteria for approving the requests. The property owners constructed a 352 sq. ft. shed in the rear yard. The shed was constructed without obtaining a building permit, and was erected within the rear yard setback. When the property owners needed an electrical hookup, they were informed that a permit was required. A building permit could not be issued because sheds greater than 160 square feet cannot be constructed within the required yard setbacks without a variance approval. The Board of Adjustment conducted an advertised public hearing on August 24, 2006 (Exhibit A) to consider the variance request. The Board of Adjustment voted unanimously to deny the request. Per ULDR Section 1-2.7(F)(5), an applicant has the ability to reuest an appeal to the City Commission. T he same process is followed regarding the City Commission review that was conducted for the Board of Adjustment review. Budget Impact: There is no budget impact on the City's budget. Recommendation: The Interim City Manager and the Acting Community Development Director supported the initial staff recommendation denying the variance request for an 8 ft. rear yard setback in lieu of the required 20 ft. rear yard setback. The variance request does not meet any of the six criteria provided in ULDR Section 1-2.7, Standards for considering variances. Applicant Presentation: John Witanowski and Lisabeth Renee, property owners of20 Cobblestone Court, came forward and reiterated their request for variance as previously presented at the August 24, 2006 Board of Adjustment meeting, as outlined in the minutes of said meeting, and also outlined in their Letter of Explanation to the Board of Adjustment and their City Commission Appeal Memo. The correspondence from Mr. Witanowski and Ms. Renee is attached to and made a part of these minutes. Ms. Renee also submitted color reproductions ofthe black and white photographs included with the agenda materials. Public Hearing: Mayor Goff opened the public hearing for the appeal of BA 06-11. The following individuals came forward: 1) Jon Miller, 380 Jefferson Drive, member of the Board of Adjustment, stated the consensus opinion of the Board was that their hearts went out to the property owners and wished that they could give the variance but following the strict criteria, it could not be justified.