PC Packet 4-26-26 Updated
Planning Commission Meeting · 2026-04-23 · agenda_packet
The Planning Commission considered a variance request for a 6-foot-tall fence at 5968 Shady Creek Lane. The applicant, Peter Francis, sought to allow the existing fence, located less than 5 feet from the right-of-way in a secondary front yard, to remain in place. The fence was installed approximately 10 years prior to the meeting, without a permit, to provide privacy and safety for a family member with a medical condition. Staff recommended denial, citing that literal interpretation of the code would not deprive the applicant of rights and would not work undue hardship, as a 4-foot fence or a 6-foot fence in line with the front plane of the house would be compliant. The applicant argued that the corner lot's secondary front yard abuts a HOA common area, not another residence, thus not impacting neighbors' views or safety. The Police Department confirmed no accidents or safety incidents related to the fence. Public comment was limited to two phone calls received by staff regarding the proposed variance, with no further details provided.
Agenda items
- 3. Election of Officers
- 4. APPLICATION: VARIANCE/5968 Shady Creek Lane
- Site Prep, Grading & Hardscape
- Engineering & Architecture
- Legal Services
- Government Authority
- 4. Consideration of Minutes - February 26, 2026
- 5. APPLICATION: SPECIAL EXCEPTION/Retail Nursery and Garden Supplies
- Nursery & Horticulture
- Site Prep, Grading & Hardscape
- Building & Industrial Supply
- Building Materials & Garden Supply
- Engineering & Architecture
- Real Estate Development
- 6. Commissioner Comments
- 7. Staff Comments
- Site Prep, Grading & Hardscape
- Construction (Other)
- J. Harris Private Property Rights Protection Act, chapter 95 -181, Laws of Florida,
- Legal Services
- a) Special conditions and circumstances exist which are peculiar to the land,
- Site Prep, Grading & Hardscape
- Building & Industrial Supply
- Construction (Other)
- b) The special conditions and circumstances are not the result of the applicant's
- c) Literal interpretation and enforcement of the development code regulations would
- Site Prep, Grading & Hardscape
- Landscaping & Lawn Service
- d) The variance, if granted, is the minimum variance necessary to make possible
- Site Prep, Grading & Hardscape
- Landscaping & Lawn Service
- e) Granting of the variance request will not confer on the applicant any special privilege
- Site Prep, Grading & Hardscape
- Engineering & Architecture
- Legal Services
- Appraisal & Inspection
- f) The granting of the variance will be in harmony with the general intent and purpose
- Site Prep, Grading & Hardscape
- g) The variance represents a reasonable disposition of a claim brought under the Bert
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