Bernard Johns, James Hattaway, Larry Wright, Austin Beeghly, and

Present

Thomas Kunzen

Heather Stark

Absent

VARIANCES

2643 Hinoki Cypress Place - Request for a side street (east) setback

variance from fifteen (15) feet to eight (8) feet for a privacy fence in the

PD (Planned Development) district; BV2022-91 (Afzal Bashir, Applicant)

District 2 - Zembower (Hilary Padin, Project Manager)

2022-7499

Hilary Padin, Planner, presented this item as stated in the Staff Report.

Austin Beeghly asked the applicant if this is a new development and Afzal Bashir,

Applicant, was present and replied yes. Mr. Beeghly asked Mr. Bashir if he is one of

the first houses in the development or the development is already built out and the

applicant responded that his house is one of the last houses and advised that they are

building a second phase.

Jim Hattaway stated that under the Land Development Code there are six (6) criteria

for the Board to consider and the second one states that the remedy the applicant is

trying to correct, cannot be caused by the applicant. He stated that the applicant

bought the property knowing that the playground was there. Mr. Bashir responded that

he was not aware that he couldn’t put a fence in that location when he bought the

house. Mr. Hattaway asked him if during his purchase of the home, if anyone told him

that he couldn’t build a fence the way that he wants to and Mr. Bashir stated that no

one did. Mr. Beeghly asked him if he asked where he could install a fence and he said

no as he saw other homes with fences and didn’t think it would be an issue and

elaborated on his reasons for needing the fence.

Mr. Beeghly asked Ms. Padin if there have been other variances for fences in this

neighborhood and Ms. Padin responded that there have been other variances for

fences. He asked what the results were and she responded that she wasn’t sure of the

specifics. Kathy Hammel, Principal Planner, advised that she will look it up now.

Larry Wright stated that the top left corner of the survey has a curve and asked Ms.

Padin if they need to spell out something specifically so the applicant wouldn’t have to

follow the curve at the eight (8) foot variance. Ms. Padin responded that it is eight (8)

feet at the closest point.

Ms. Hammel advised the Board that there were two (2) fence variances granted in this

development last year and both of them were from fifteen (15) feet to seven (7) feet.

No one from the audience spoke in favor or opposition to this request.

A motion was made by Larry Wright, seconded by Austin Beeghly, to approve this

variance request.

Larry Wright, Austin Beeghly, and Thomas Kunzen

Bernard Johns, and James Hattaway

Aye:

Nay:

Heather Stark

Absent:

3912 Kentucky Street - Request for a front yard setback variance from 2022-7554

fifty (50) feet to thirty-one (31) feet for an addition in the A-1 (Agriculture)

district; BV2022-100 (Indoor Investments, LLC, Applicant) District 2 -

Zembower (Angi Gates, Project Manager)

Angi Gates, Planner, presented this item as stated in the Staff Report.

Larry Wright asked staff if the house is non-conforming and Ms. Gates responded

correct.

Kenia Alvarez and Hector Oyula, the applicants, were present and through Jealyan

Moreno, Clerk, who translated stated that when they bought the property the realtor

said the property was 0.39 acres, so they decided to buy it. Mr. Oyula stated that they

didn’t know that the County took twenty-five (25) feet from the front property line.

Chairman Bernard Johns asked the applicants if they are just trying to bring the

addition even to the front of the existing house and the applicant responded yes.

Jim Hattaway asked the applicants if they spoke with any of the neighbors about the

project and the applicant responded that they haven’t spoke with any of the neighbors.

No one from the audience spoke in favor or opposition to this request.

Tom Kunzen asked staff how the house is 31.7 feet if it has a fifty (50) foot front yard

setback. Kathy Hammel, Principal Planner, stated that it depends on when it was built.

If the house was built prior to adopting the Code it’s called legal, non-conforming, but

anything that they do additional to the property has to meet the current setbacks.

A motion was made by Jim Hattaway, seconded by Tom Kunzen, to approve this

variance request.

Bernard Johns, James Hattaway, Larry Wright, Austin Beeghly, and

Thomas Kunzen

Aye:

Heather Stark

Absent:

1361 S Ridge Lake Circle - Request for a side yard (west) setback

variance from ten (10) feet to five (5) feet for an addition in the R-1AAA

(Single Family Dwelling) district; BV2022-105 (Brian & Stephanie Enright,

Applicants) District 4 - Lockhart (Angi Gates, Project Manager)

2022-7557

Angi Gates, Planner, presented this item as stated in the Staff Report.

Jim Hattaway, asked staff if this is being built in the existing footprint and Ms. Gates

responded yes, there’s an existing screen room that is not going to enlarge the

footprint, but there’s not a new concrete slab.

No one from the audience spoke in favor or opposition to this request.

A motion was made by Austin Beeghly, seconded by Jim Hattaway, to approve this

Variance request.

Bernard Johns, James Hattaway, Larry Wright, Austin Beeghly, and

Thomas Kunzen

Aye:

Heather Stark

Absent:

7410 E. Antietam Court - Request for a side street (west) setback

variance from twenty-five (25) feet to five (5) feet for a fence in the R-1

(Single Family Dwelling) district; BV2022-106 (Edgar Perez, Applicant)

District 1 - Dallari (Angi Gates, Project Manager)

2022-7556

Angi Gates, Planner, presented this item as stated in the Staff Report.

Chairman Bernard Johns asked the applicant why they are requesting the fence to be

five (5) feet from the sidewalk and Tiziana Olivera, Applicant, was present and through

Jealyan Moreno, Clerk, who translated stated that was the recommendation by the

contractor, she added that they were trying to do a soccer field in the back and they

were trying to get the space for it.

No one from the audience spoke in favor or opposition to this request.

Tom Kunzen stated that in the supporting material with the application there are many

pictures of fences from other properties that encroach a lot less and asked staff if there

is any record of variances granted for those other properties. Ms. Gates responded that

she didn’t have addresses for those properties in the photos to see if they had any prior

variances, and stated that some of them wouldn’t require a variance as they are open

fences, but she did not find any variances in the immediate area.

Chairman Johns advised the applicant of their right to appeal.

A motion was made by Austin Beeghly, seconded by Tom Kunzen to deny this

Variance request.

Bernard Johns, James Hattaway, Larry Wright, Austin Beeghly, and

Thomas Kunzen

Aye:

Heather Stark

Absent:

121 Woodmill Road - Request for a rear yard setback variance from ten

2022-7555

(10) feet to six (6) feet for a spa in the PD (Planned Development) district;

BV2022-102 (Andrea Cochran, Applicant) District 3 - Constantine (Angi

Gates, Project Manager)

Angi Gates, Planner, presented this item as stated in the Staff Report.

Chairman Bernard Johns stated that the property is a unique layout, because if he

understands the survey correctly, one side of the house is flat against the property line

and the other side has five (5) feet. Ms. Gates stated that she believes they are

townhomes and further advised this request is for a swim spa.

Austin Beeghly advised the Board that this request is for a home in his neighborhood

where he is on the Homeowners Association Board, but he has no fiduciary

responsibility.

Jim Hattaway asked the applicant if the only thing behind her house is Springs

Boulevard. Andrea Cochran, Applicant, was present and responded that yes that is

correct and yes is a townhouse, but they called them cluster homes as they are sharing

a wall with their neighbor.

No one from the audience spoke in favor or opposition to this request.

A motion was made by Austin Beeghly, seconded by Jim Hattaway, to approve this

variance request.

Bernard Johns, James Hattaway, Larry Wright, Austin Beeghly, and

Thomas Kunzen

Aye:

Heather Stark

Absent:

10032 Bear Lake Road - Request for a side yard (north) setback

variance from ten (10) feet to one (1) foot for a boat dock in the R-1

(Single Family Dwelling) district; BV2022-104 (Amy Wheeler, Applicant)

District 3 - Constantine (Angi Gates, Project Manager)

2022-7558

Angi Gates, Planner, presented this item as stated in the Staff Report.

Amy Wheeler, Applicant, was present, but did not have any additional comments for

the Board.

No one from the audience spoke in favor or opposition to this request.

A motion was made by Austin Beeghly, seconded by Jim Hattaway, to approve this

variance request.

Bernard Johns, James Hattaway, Larry Wright, Austin Beeghly, and

Thomas Kunzen

Aye:

Heather Stark

Absent:

1337 Franklin Street - Request for a side yard (east) setback variance from ten

(10) feet to five (5) feet for a shed in the R-1AA (Single Family Dwelling) district;

BV2022-101 (Billy & Randi Parker, Applicants) District 4 - Lockhart (Hilary Padin,

Project Manager)

2022-7500

Hilary Padin, Planner, presented this item as stated in the Staff Report.

Larry Wright asked staff to confirm that the variance is for a shed as the site plan

shows septic for plumbing. Hilary Padin responded that they were going to have it as a

home office and advised the applicant that a detached home office wasn’t permitted in

that zoning district, so the applicant decided to convert it into a storage shed and she

did not remove it from the site plan. Kathy Hammel, Principal Planner, stated that a

condition could be added to the Development Order.

Billy Parker, Applicant, was present and did not have additional comments for the

Board.

No one from the audience spoke in favor or opposition to this request.

A motion was made by Austin Beeghly, seconded by Larry Wright, to approve this

variance request, with the condition of there being no plumbing.

1790 Pasture Loop - Request for a rear yard setback variance from seven and

2022-7501

one-half (7.5) feet to five (5) feet for a swimming pool in the PD (Planned

Development) district; BV2022-103 (Todd & Susan Amerson, Applicants) District

1 - Dallari (Hilary Padin, Project Manager)

Hilary Padin, Planner, presented this item as stated in the Staff Report.

The Applicants were present, but did not have additional comments for the Board.

No one from the audience spoke in favor or opposition to this request.

A motion was made by Jim Hattaway, seconded by Austin Beeghly, to approve this

variance request.

Bernard Johns, James Hattaway, Larry Wright, Austin Beeghly, and

Thomas Kunzen

Aye:

Heather Stark

Absent:

7561 Brightwater Place - Request for a side street (west) setback variance

from twenty (20) feet to eleven and one-half (11.5) feet for a privacy fence in the

PD (Planned Development) district; BV2022-87 (Maria Arevalo, Applicant)

District 1 - Dallari (Hilary Padin, Project Manager)

2022-7502

Hilary Padin, Planner, presented this item as stated in the Staff Report

Chairman Bernard Johns asked staff if there existing fence is in the same location

and Tom Kunzen and Ms. Padin replied that it’s a hedge.

Maria Arevalo, Applicant, was present and stated that she’s not going past the

neighbor, she just need enough room to put a gate because the other side is full of

pool equipment and hedges and if she puts it where the setback is it will be right

against the lanai and also there is a landscape buffer there so it’s not going to be

visible.

No one from the audience spoke in favor or opposition to this request.

A motion was made by Jim Hattaway, seconded by Tom Kunzen, to approve this

variance request.

Bernard Johns, James Hattaway, Larry Wright, Austin Beeghly, and

Thomas Kunzen

Aye:

Heather Stark

Absent:

1817 Lakelet Loop - Request for a rear yard setback variance from twenty (20)

feet to fourteen and one-half (14.5) feet for a screen room addition in the PD

(Planned Development) district; BV2022-107 (Rafael & Jiang Suarez,

Applicants) District 1 - Dallari (Hilary Padin, Project Manager)

2022-7503

Hilary Padin, Planner, presented this item as stated in the Staff Report.

Brian Dorian, Applicant’s representative, was present and stated that the applicants

bought this house a few years ago with the existing screen room, which is three (3) feet

by fifteen (15) feet and it is too small for practical use. The neighbor behind them built a

screen room legally without a variance and this customer called and said that they

would like the same size screen room ten (10) feet by twenty-three (23) feet that the

neighbor has. He explained that with the way their lot angles, there is a retaining wall

and its too close to the property line, so they are only asking for fourteen and one-half

(14½) feet instead of the twenty (20) feet. He also advised that they received letters of

approval of the neighbors on both sides, including the neighbor that has the bigger

screen room.

No one from the audience spoke in favor or opposition to this request

A motion was made by Tom Kunzen, seconded by Larry Wright, to approve this

variance request.

Bernard Johns, James Hattaway, Larry Wright, Austin Beeghly, and

Thomas Kunzen

Aye:

Heather Stark

Absent:

109 Privado Court - Request for a side yard (west) setback variance from

seven and one-half (7.5) feet to six (6) feet for an addition in the R-1 (Single

Family Dwelling) district; BV2022-108 (Natalie Chow-Garnichaud, Applicant)

District 2 - Zembower (Hilary Padin, Project Manager)

2022-7504

Hilary Padin, Planner, presented this item as stated in the Staff Report.

Natalie Chow-Garnichaud, Applicant, was present, but did not have any additional

comments for the Board.

No one from the audience spoke in favor or opposition to this request.

A motion was made by Austin Beeghly, seconded by Jim Hattaway to approve this

variance request.

Bernard Johns, James Hattaway, Larry Wright, Austin Beeghly, and

Thomas Kunzen

Aye:

Heather Stark

Absent:

CLOSING BUSINESS

none

APPROVAL OF THE MINUTES

A motion was made by Austin Beeghly, seconded by Jim Hattaway, to approve the December

5, 2022 Minutes, as submitted.

Bernard Johns, James Hattaway, Larry Wright, Austin Beeghly, and

Thomas Kunzen

Aye:

Heather Stark

Absent: