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Board of County Commissioners Meeting Minutes - Final July 11, 2017 Director Boling concluded that both staff and the applicant agreed that the PZC did not fail under the appeal criteria to properly handle the request and was justified in its decision to deny the variance; however, the applicant wished to appeal before the Board. Director Boling pointed out that when the PZC looked at the particular application, one of their concerns was that the County -initiated rezoning action in 1985 created the situation, so as a follow-up to the PZC's discussion, staff included as an alternative, the possibility of an amendment to the LDR to grandfather -in setbacks for accessory structures attached to legal non -conforming structures that were a result of the County -initiated rezoning. Mr. Hal McAdams, 540 61st Avenue, displayed photos of the pool area where the pool screen enclosure would be placed with the setback at 15' as requested. He asked the Board for their consideration for a change in the Code for a request for a side yard setback variance of 5' feet for a pool enclosure. He offered copies of letters from their neighbors stating that they had no objection to a pool screen enclosure being placed with a setback variance of 10' feet. Director Boling and Mr. McAdams responded to the Board's questions on the variance request and setbacks. Mrs. Martha McAdams asked the Board for their consideration of a variance request and she pointed out that the screen enclosure would have been approved at the time the pool was built. R.J. MacMillian, Vero Beach resident, was sworn in and stated that he had sat on the Board of Variances for the City of Vero Beach and opined that the rules need to be changed. He felt that the application for variance request should be approved and in the future make it easier to get variances. Joseph Paladin, President of Black Swan Consulting, agreed with the applicants and felt the McAdams' should be granted a variance. The Chairman asked for any final arguments, ensured that all documents and tangible evidence were in the hands of the Deputy Clerk, and there being no further speakers, he closed the Public Hearing. Commissioner Solari stated the following reasons on why he voted to deny the request of variance: 1) the Eighth Criteria in the Indian River County Code; and 2) that the PZC followed the code. A motion was made by Vice Chairman O'Bryan, seconded by Commissioner Solari, to find that the Planning and Zoning Commission adequately evaluated the variance application under the appropriate variance criteria and to uphold the PZC's decision to deny the request of variance. The motion carried by the following vote: Chairman Flescher, Vice Chairman O'Bryan, Commissioner Adams, Commissioner Aye: 5 Solari, and Commissioner Zorc Indian River County Florida Page 16