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Hers’s The Scoop #1…9/12/08 Commission Meeting…13 A/B All Variances Are Not Created Equal….

VARYING THE VARIANCE………..

When writing previously about the variance for fences…that came before the Board of Adjustment and in the agenda overview for 9/12/08…this writer warned of the “precedent” it would take when the Commission addressed the variance for fellow Commissioner Silverstone…

13. Quasi Judicial Public Hearings…

Siverstone’s variance was item B…..

Jim recused himself…presented what he was asking for…with a disjointed discussion and ruling following…reminiscent of the BOA meeting last month…..previous post…

The agenda item stated….Variance for 278 Miramar for fence location with a 4 foot setback from the property line, put inside the hedge, 5 feet in height with a fence material other than wood (Olinzock)…

Well …Jim wanted his original request…a 4 foot in height fence…in the hedges …on the property line…and possibly wood…

This writer spoke that he should be allowed if possible to put it on the property line…in between his foliage and that wood should be allowed as it was allowed by code…

BOA member Joe Couriel who had previously voted no on the request…came forward to change his vote…allowing for the stated requirements on the agenda…

More confusion ensued when the vote was made to grant the variance…4-0…

Then a vote was made to reimburse Jim for the cost…per previous discussion of returning costs for a variance for these type of requirements that were not required at the time when applicant completed their project…such a a fence around a pool or in- ground spa…as was the case for the Commissioner…

This writer sat in the audience …knowing they had just passed the BOA recommended agenda version of the variance …not the original request by Silverstone…

A few interactions to alert the dais brought that realization…and they went back to clear it up…or did they?….

In his usual “cut to the chase” style…the Vice Mayor voted to give Jim a 4 foot in height fence…along with the property line setback and to use wood if desired…HUH?…

Joe Couriel was trying to respond…raising his hand…to no avail…Commissioner Dodd questioned the 5 foot in height requirement of LBTS…making no in-roads… and more confusion…

So the precedent… was set… the WRONG PRECEDENT…..and a problem will most definitely arise!….

This writer was for the property line setback…the wood allowed in LBTS code…but not to give him a 4 foot in height fence which according to LBTS is not allowed….

The previous applicant…on this agenda item 13 A…was required to have a 5 foot in height fence…..not 4!…

That applicant should hightail it back to the Development office for equal treatment!….

Now the Commission will once more need to revisit this at the next meeting…to either require the Commissioner to adhere to the LBTS 5 foot in height for fences…or change the code to the 4 foot in height required by Broward…and allow it for all including the Variance applicant who went before the Commissioner this evening….YIKES!

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