There were no aggrieved or adversely affected persons.
Chris Creekmore, President Creekmore Construction of Florida, being duly sworn, spoke
to the extraordinary conditions of moving concrete, removing trees, variance not impeding
drainage or traffic, no negative impact to neighbors or surrounding property, no knowledge
of error, and financial burden to resolve the situation.
Mr. Hudson, being duly sworn, provided an overview including notices sent, location of
property, front and back setbacks, survey sketch, building views, Unified Land
Development Code (ULDC) and City Code requirements, criteria for granting variance, and
staff recommendation.
There was no rebuttal from the Applicant or Staff
PUBLIC COMMENT:
John Barkenquast: being duly sworn, spoke in favor of granting the variance.
Jonathan Barkenquast: being duly sworn spoke in favor of granting the variance.
Mr. Hudson addressed City approving concrete slab, permit for right-of-way access, and
basis of recommendation for denial.
Ms. Barnes, being duly sworn, spoke to variance requests, making reasonable use of
land, and non-compliance with setback requirement and land development regulations.
Mr. Applegate, being duly sworn, spoke to the applicant being unable to meet the
extraordinary condition, and application review.
Mr. Creekmore spoke to cost and type of repair required, tree removal detrimental to land,
and lack of knowledge of violation.
There were no closing arguments from Staff or the Applicant.
Chair Martin closed the public hearing and requested a motion.
A
motion was made by Board Member Carroll, seconded by Board Member
Collazo, to approve Petition No. VAR-22-087, requesting a variance from the Unified
Land Development Code (ULDC) Section 53.240 -- Special Structures A(6) to allow
for a 24-foot front setback where a minimum 30-foot front setback is required and a
23.8-foot side setback where a 25-foot side setback is required and find that the
variance does meet the following findings(s) for granting a variance:
1. That there are exceptional or extraordinary conditions or circumstances that are
inherent to the property in question and that do not apply generally to the other
nearby properties in the same zoning district;
2. That the exceptional or extraordinary conditions or circumstances are not the
result of actions of the applicant taken subsequent to the adoption of this Chapter.
(Any action taken by an applicant pursuant to lawfully adopted regulations
preceding this chapter will not be considered self-created);
3. That such variance is the minimum variance that will make possible the
reasonable use of the land, building or structure;
4. That the granting of the variance will not be injurious to the neighborhood or
otherwise detrimental to the public welfare; and
5. That the condition or situation of the specific piece of property, or the intended
use of said property, for which the variance is sought is not of so general or
recurrent a nature as to make it more reasonable and practical to amend these
zoning regulations.