1. February 3, 2009 BCC PUBLIC HEARING ON BZA # VA-08-11-003, November 6, 2008 APPLICANT: Nara M. Ravani APPELLANT: Thomas R. Slaten, Esq., Agent for Green Briar Village Club HOA (Continued from January 6, 2009)

2. BACKGROUND CASE:VA-08-11-003 APPLICANT:Nara Ravani REQUEST:Variance to allow attached pergola addition to remain 8 feet from rear property line in lieu of 15 feet ZONING:PD – Green Briar Village, Williamsburg at Orangewood TRACT SIZE:90 ft. x 98 ft. (Irregular shaped lot) LOCATION:Northwest corner of Gifford Boulevard and Gramerly Lane, south of State Road 528 DISTRICT:#1

3. ZONING MAP

4. AERIAL Subject Property 6/4/98 Sunroom Addition

5. SITE PLANS Site Plan #1 submitted for Pergola Addition on 5/9/08 Site Plan #2 submitted 9/8/08 for Variance

6. SITE PLAN Pergola Addition

7. ELEVATION

8. SITE PHOTOGRAPH Pergola Gifford Blvd.

9. SITE PHOTOGRAPHS Pergola Addition

10. SITE PHOTOGRAPH Adjacent Residence Pergola

11. REAR YARD VARIANCES GRANTED IN COMMUNITY 9.5 ft. in lieu of 15 ft.

12. EASEMENT LETTERS (TECO Peoples Gas) (AT&T)

13. EASEMENT LETTERS (Bright House Networks) (Progress Energy)

14. BZA FINDINGS BZA concluded the request was reasonable Structure has minimal impact due to its open sides and roof Existing landscaping serves as a buffer Structure is visually appealing

15. COMMUNITY FEEDBACK BZA Public Hearing: 1 citizen spoke in favorBZA Public Hearing: 1 citizen spoke in favor 1 citizen spoke in opposition Attorney for Green Briar Village Club HOA – spoke in opposition Commentaries Received: 7 - In FavorCommentaries Received: 7 - In Favor 25 - Opposed 5 - No Opinion

16. COMMUNITY FEEDBACK Red = Opposed Green= In Favor Blue = No Opinion Subject

17. BZA RECOMMENDATION Approved the variance request in that the BZA found it met the variance criteria (Sec. 30-43, O.C. Code) Motion passed 3-2 vote

18. CONDITIONS 1.Approved building (pergola) setback is for 9.5 feet from the rear property line in lieu of 15 feet. 2.A portion of the pergola encroaches in an easement. Therefore, by March 4, 2009, the applicant shall file a petition to vacate the affected portion of the easement with the Public Works Department. If a petition to vacate is not filed by March 4th, or it is filed by March 4th but the petition to vacate is subsequently denied by the Board of County Commissioners, the applicant shall remove the encroaching portion of the structure within 30 days of either the applicant's failure to timely file a petition to vacate or the Board's decision denying the petition to vacate, whichever the case may be. (Nothing in this condition of approval may be construed by the applicant to mean that the Board will approve such a petition to vacate.). If the Board approves the petition to vacate, the applicant shall apply for a building permit to complete the pergola within 30 days after the Board’s decision. 3.A violation of any of these conditions shall result in Code Enforcement action.

19. BCC ACTION REQUESTED ACTION REQUESTED: Approve the request consistent with the Board of Zoning Adjustment’s recommendation and conditions

20. February 3, 2009 BCC PUBLIC HEARING ON BZA # VA-08-11-003, November 6, 2008 APPLICANT: Nara M. Ravani APPELLANT: Thomas R. Slaten, Esq., Agent for Green Briar Village Club HOA