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BOA09-27-06Min ~ C[T1' OF LOrdGWOOD BOARD OF ADJUSTMENTS September 27, 21)06 Minutes ATTENDANCE: BOARD: STAFF: Barry Revels, Chair Paul Sizemore -Interim Community Service Director Marc McLarnon, Vice-Chair Danielle Adzima -Community Development Coordinator Anthony Boni Arlette Martin- Recording Secretary Autumn Doulong ABSENT: Arthur Heintz 1. CALL TO ORDER Mr. Revels called the meeting to order at 7:01 P.M. 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF MINUTES: August 23, 2006 Regular Meeting Ms. Adzima noted a correction was necessary to change the meeting date from .luly 26, 2006 to August 23, 2006. Ms: Dvulong mcide a motion to a/~P~~•c~i~e the »~~iaurtes. Mr•. McLcu~rtorr seconc/ed t/~e »~otio~~. The ~riotio~~z ~~assec! i-vi.th iTO ~pposi~to~~~. 4. PUBLIC HEARING: Mr. Revels opened the Public Hearing. A. VAR 09-(16 Variance Setback requirements 1761 To~•ringt~~n Circle Parcel I D#: 30-20-30-513-0000-1420 Applicant: Margaret Delamore MOTION/RECOMMENDATION: Ms. Adzima stated the Community Development Division of the Community Services Department recommends the Board of Adjustment (BOA) review the requested Variance (VAR 09-06) to redu~~e side setbacks to 11 feet from 25 feet and the south side setback reduced to 5 foot from the 7 foot setback. ~ Marge Delamore was present. She stated he:r desire for a screen enclosure to attach to the rear of her house. She also mentioned that: other houses in Danbury Mill also have the similar enclosures. Ms. Doula~ig ~~~ade nzotiorr to approve UffR 09-06. Tlie motion was seca~ded hip i1Mr. McLa~rnon. The »~totivrr x~us approved u~icn~rrmorrsly (4-0). B. VAR 10-06 Variance Impervious surface & Setback requirements 631 F'allsmead Circle Parcel I D#: 3 I -20-30-506-0000-0910 Applicant: Paul Hamlin MOTION/RECOMMENDATION: Ms. Adzima stated the Community Development Division of the Community Services Department recommends the Board of Adjustment (BOA) review the requested Variance (VAR 10-06) to increase the maximum impervious surface ratio and reduce the rear and side setback requirements. The applicant proposes to constnrct an enclosed porch on his property. The porch would increase the impervious surface ratio from 55-to 60 The enclosed porch would also encroach 6 feet into the side setback and 5 feet in the rear setback. Phil Daitnwood, the applicant's architect, was present to discuss the proposed project. Discussion ensued. Mr. McLurnor~ made a »~oti~on t~ approve VAR 10-06. Mr. Baru seconded tb~e »~roti.on. The rrzotiort wcas approved tu~cn~ri~~zai~sly (4-0). C. VAR 11-(16 Variance 740 East Wildmere Avenue Parcel ID#: OS-21-30-503-030H-0000 Applicant: Dek1e Holden MOTION/RECOMMENDATION: Ms. Adzima stated the Community Development Division of the Community Services Department recommends the :Board of Adjustment (BOA) review tl~e requested Variance (VAR I1-06) to reduce the minimum required side setback. The applicant requests a variance to LDC 3.2.0 to reduce the side setback on the west side of his property. The applicant, Dene Holden was present. H:e stated the proposed enclosure is to replace the enclosure that was damaged by a hurricane. Discussion Ensued Ms. Doadong made moti.o~~ to approve VAR 11-06. Mr. Boni seconded tyre n~rodroi~. The »~oti~n ivas approved u»a~Trmotrsly (4-0). 5. OLD BUSINESS: D. VAR 08-06 Variance Wetland buffe;r Un-addressed Parcel ID#'s: 06-21-30-300-022E-0000, 06-21-30-300- 022F-0000, Ob-21-30-300-0220-0000, O 1-21-29-300-0010- 0000 Applicant: Optimum Development /CPH Engineers MOTION/RECOMMENDATION: Ms. Adzima stated the Community Development Division of the Community Services Department recommends the Board of Adjustment (BOA) deny the requested Variance. (VAR 08-06) to a111ow limited encroachment onto wetland areas for LDC 4.2.3 in four separate lots in the Island Lake areas. Ms. Adzima explained the staff recommendation was based on 4 facts. First, the applicants did not provide the documents r.°quest by staff. Second, the current plan also shows encroachment into wetlands for installation of retention pond. Third,. the current plan shows a street access road which does not attempt to reduce the impact to the wetlands area. Fourth, the applicant has not provided a letter from the property owners to t11e north allowing them to request a variance for his property. Amy Wright, Director o~f Environmental Services with CPH Engineers was present. She stated they received denial from property owner to the east,. Central Florida Commerce Park, and that the owner on Savage Court has granted access through their property to the wetlands. She submitted these documents to the Board and to Staff. She stated that the application was not for th.e. site layout and that the. location of the street. had not been finalized and the water management district had not verified the wetland lines. Dallas Brian Smith, VP of Optimum Development requested access to their property. Lisa Behr, ] 1 1 1 Adams St. She stated her opposition to the development. She wanted clarification on how projects would impact the retention pond. Dua~1e McGuire, 950 Alberta St. He inquired about the number of letters in opposition to the project versus of approval. The applicant stated they received 3 letters of denial. Robert. Sickler, 951 Alberta St. He stated his opposition of the variance. ,Ton Schultz, 1350 Seminole Ave. He stated his opposition to the proposed variance. Bob Castaldi, 1330 Seminole Ave. He stated his opposition to the proposed variance. Donna Cimino., 970 Alberta St. She stated the people had not been given the opportunity to review the documents submitted by the applicant. She also stated her objection to the project. S'he submitted a letter from the Audubon Society that the property in question is a regional significant habitat. Sharon Fien-o, 1371 Seminole Ave. She stated her opposition to the variance di.ie to wildlife and flooding. .Iohn Schultz, 1350 Seminole Ave. He stated his opposition to the variance due to flooding and wildlife. :Elvin Patrick, 1 180 Adams. He stated his opposition to the variance due to flooding. Nunzino Cimino, 970 Alberta St. He stated .his opposition to the variance. ,Iohn Brooks, 890 Alberta. He stated his opposition to the variance. Discussion ensued. ~ Mr. Sizemore stated that i't appeared that the: documents were in order, although he would have preferred to have them to review before the meeting. However, because the applicant was unable to identify the exact extent of the encroachment or even the exact location of the wetlands, staff stands by :its recommendation to deny the proposed variance. He stated that the Board only grants variances when they know all the details and in this case they do not. Mr. Mc•I cil-lioil n~racle nloti~o~~ to deny VAR OS-06. Mr. Boi~z seco~zdecl the ~rt~tio». 'l'he 1710/1.011 WQ.4 1I19Q1111YlOllSjl'~ L1fJJJ1"0hell ~4-~~. 6. NEW BUSINESS: Ms. Adzirna stated there was no new business. 7. DISCUSSION AND SC~IEDULE FOR FUTURE AGENDA ITEMS Next Regular Scheduled meeting: October 25, ?006. 8. ADJOURNMENT: Mr•. McLrrr~io~a l~~cule ct n7uton to culjot~rll the n~teeling. ~19r. Bair seconc/ed the rlroti~r~n. M~°. Revels a~jour~7erf the rrteeti.rtg pit b':2G~ p.lrt. Barry evels, hai A'I"I'ES'I': Arlene Martin, Acting .Recording Secretary