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Board of County Commissioners <br />Meeting Minutes - Final July 11, 2017 <br />Aye: 5 - Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, <br />Commissioner Solari, and Commissioner Zorc <br />10.A.4. 17-0674 <br />Recommended Action: <br />The Chairman called for a recess at 10:30 a.m., and reconvened the meeting at <br />10:41 a.m., with all members present. <br />Appeal by Hal & Martha McAdams of a Decision by the Planning & Zoning <br />Commission to Deny a Side Yard Setback Variance of 5' Feet for a Pool <br />Enclosure on Lot 3, Block 1, Diana Park Subdivision [VAR -17-05-01 / <br />92080125-78723] [Quasi -Judicial] <br />Based on the analysis, staff recommends that the Board of County Commissioners <br />make a finding that the Planning & Zoning Commission adequately evaluated the <br />variance application and uphold the Planning & Zoning Commission decision and <br />deny the appeal. <br />Attachments: Staff Report <br />Appeal Letters <br />Location Map <br />PZC Staff Report with Attachments <br />May 25, 2017 Approved PZC Meeting Minutes <br />Each Commissioner, as requested by the Chairman, disclosed ex parte <br />communications, site visits, or independent investigations. They also affirmed that <br />they have an open mind and can base their decisions on the evidence presented and <br />the applicable law. <br />The Chairman opened the Public Hearing. The Deputy Clerk administered the Oath <br />to all persons who wished to speak at the hearing. <br />Community Development Director Stan Boling, in his PowerPoint Presentation, <br />gave background, on the appeal by Hal and Martha McAdams for a variance <br />request for a side yard setback variance of 5 feet from 15' to 10' for a pool screen <br />enclosure on Lot 3, Block 1, Diana Park Subdivision, and the process of the appeal. <br />He recapped a timeline for the particular place, stating the house was built in 1984 <br />under R-1 zoning which required a 10' side yard setback; however, in 1985, the <br />subject lot and subdivision was rezoned from R-1 to RS -3 which increased the <br />setback from 10' to 15'. He continued that the pool and deck was constructed on <br />the subject property in 1992, but no pool enclosure was proposed at the time. He <br />pointed out that requests for variances were rare and that there had been a total of <br />two in the last 10 years. The Planning & Zoning Commission (PZC) considered <br />the request based on eight (8) specific criteria (must meet all eight) and took the <br />action to deny. <br />Indian River County Florida <br />Page 15 <br />