With regard to public participation, no one spoke, and public input was closed.
Motion by Commissioner Zembower, seconded by Commissioner Dallari, to adopt
Ordinance #2023-16 enacting a Rezone from PD (Planned Development) to PD
(Planned Development); and approve the associated Development Order
#22-20500014 and Master Development Plan for 6.85 acres, located approximately 1/4
mile west of U.S. Highway 17-92, at the corner of Anchor Road and Merritt Street; Rob
Consalvo, Applicant; as described in the proof of publication.
Districts 1, 2, 3, 4, and 5 voted AYE.
23.
Valley Creek Run (1252) Board of Adjustment Appeal - Appeal of the
Board of Adjustment decision to deny the request for a side street (west)
setback variance from twenty-five (25) feet to six (6) inches for a fence in
the R-1A (Single Family Dwelling) district, more particularly known as
1252 Valley Creek Run; (Marta Barcia, Appellant) District1 - Dallari (Angi
Gates, Project Manager).
Ms. Gates addressed the Board and presented the item as described in the agenda
memorandum. She advised staff recommends the Board uphold the decision of the
Board of Adjustment to deny the request. The Board had few questions for staff.
Andrew Gotschall, property owner, addressed the Board and expressed his family's
need for a fence on his property.
With regard to public participation, Ana Andrade, Mark Boardman, Dr. Daniel Coleman,
and Maria Arevalo, spoke in support of the appeal. No one else spoke, and public
input was closed.
Public Comment Forms were received and filed.
Discussion ensued regarding sidewalks, roadway, permitting, and fencing criteria.
Motion by Commissioner Dallari, seconded by Commissioner Zembower, to overturn
the Board of Adjustment decision to deny thereby approving the request for a side
street (west) setback variance from twenty-five (25) feet to six (6) inches for a fence in
the R-1A (Single-Family Dwelling) district; Marta Barcia, Appellant; as described in the
proof of publication.
Under discussion, Vice Chairman Herr pointed out there is a requirement for a 25-foot
setback, but they have allowed homes to be built beyond the point where a 25-foot
setback would make any sense. That is a whole separate issue. Ms. Gates advised
those homes were approved by Traffic Engineering. In the R-1 and R-1A zoning
districts, Traffic Engineering can approve as low as 15 feet without applying for a
variance. Vice Chairman Herr stated another way to look at this then is that it is a
variance from 15 feet to 6 inches, which is still a significant variance. It is not a 6-inch
variance. The process is the process for a reason, but they probably could have come
to a conclusion without the appellant having to go through all of this had everybody
worked together from the beginning. They often work, under staff's leadership, to find
solutions for the citizens. Commissioner Zembower stated he would like the County
Manager to work with staff to determine if some of these items could be a staff-level