VARIANCE NO.

DATE

PASCO COUNTY APPLICATION FOR VARIANCE

DEVELOPMENT REVIEW COMMITTEE VARIANCE BOARD

The undersigned owner(s) of the following legally described property have formally requested consideration of a variance in accordance with provisions of Florida Statutes and Section 316 of the Pasco County Land Development Code.

It shall be the responsibility of the petitioner, or herthis legal agent of record, to provide all information required below or any other information which is reasonable and relevant to the formulation of a recommendation to the adjustment being considered. No application for review shall be deemed complete until all required information is provided.

Name of Applicant Gold Medallion Homes. Inc. (c/o Robert Kellv)

Mailing Address 19909 U.S. Hinhwav 41

Phone Number: Home Business 81 31948-0473

Locational Description: Subdivision Name Kellv's Lakeside Plaza (W. side of US 41 N of Ehren Cutom

Parcel Identification Number: 12-26-1 8-0000-02800-0000

Section 12 , Township 26 South, Range 18 East, Block Lot No.

Present Zoning District C-1 , PO1

REASONS FOR REQUEST FOR VARIANCE:

Please note that the following questions must be answered completely, specifically 2a-2d. If additional space is needed, attach extra pages to the application.

1. Describe generally the nature of the Variance and specific sections of the Code which are affected. Requesting a variance to allow pavment into the Tree Bank as a result of a deficit of trees added versus trees removed.

2. Describe how your request demonstrates compliance with the following criteria: a. That special conditions and circumstances exist which are peculiar to the land, structures, or required

subdivision improvements involved, and which are not applicable to other lands, structures, or required subdivision improvements. Prior to the plan revisions we were able to meet the tree inch replacement figures. With the addition of a turn lane and defined Transportation Preservation Corridor, the entrance was relocated which impacted some larqe Live Oaks. The best has been done with the planning to retain the trees on site. A number of trees have been retained along the back of the development alona with others where it was possible to provide plantina islands and tree wells. In additional, a number of trees have been added to enhance the property; however, there is still a deficit in the inches required versus the inches provided.

b. That a literal interpretation of the provisions of this Code would deprive the applicant of rights commonly enjoyed by other properties with similar conditions. Although a designer mav ~rovide additional trees to meet the requirements we want to keep in mind the plan for the future and for the future health of newlv planted trees. The added trees have been spaced between 25'-30' apart as required by the Countv. To place them anv closer to meet the tree requirements would provide unhealthy conditions for the trees as they grow.

c. That the actions of the applicant did not cause the special conditions and circumstances, which necessitate the variance.

As a result of the changes to the planning (turning lane and entrance change) and the existence of the Transportation Preservation Corridor, the circumstances are that there is a limited amount of space to plan for building and to plan for landscape. If the Transportation Preservation Corridor were able to be used for planting trees, we believe the tree inches required would be met. However, this in not the case and the tree bank donation provides a outlet for similar instances as these.

d. That the granting of the variance requested will not confer on the applicant any special privilege that is denied by this Code to other lands, structures, or required subdivision improvements under similar conditions. The donation to the tree bank is a common request and if granted does not provide a special privilege to this applicant. We believe that this donation will make it possible to have the countv provide needed trees in other areas.

3. To the best of your knowledge, can you affirm that the hardship described above was not created by the action of anyone having property interests in the land after the Pasco County Land Development Code or applicable part thereof became law? YES X NO . If "NO, explain why the hardship should not be regarded as self-imposed (self-imposed hardships are not entitled to variances).

4. Are the conditions on your property the result of other manmade changes (such as the relocation of a road or highway)? No.

If so, describe

5. Which of the following types of modifications will allow you a reasonable use of your land?

Change in setback requirement

Change in lot coverage requirement.

Change in side yard requirement.

Change in parking requirement.

Change in area requirement.

X Other - Describe- Requesting a variance to donate to the tree bank based on the deficiency of tree inches of trees replaced versus trees removed.

6. Are the conditions of hardship for which you request a Variance true only of your property? . If not, how many other properties are similarly affected?

ADDITIONAL ITEMS REQUIRED FOR VARIANCE: 1. Two signed and sealed legal descriptions and sketches to be supplied at time of application.

2. Copy of Warranty Deed

3. Copy of Last Year's Tax Bill

4. Notarized Agent of Record Letter (if applicable)

5. Is this Application the result of a Notice of Violation? No If so, please attach a copy of the notice.

6. Four (4) copies of the site plan drawn to scale showing dimensions and shape of the lot, the size and locations of existing buildings, the locations and dimensions of proposed buildings or alterations, and any natural or topographic peculiarities of the lot in question. This plan should be clearly drawn and demonstrate the purpose of the variance request.

7. Two 8% x 14 photocopies: one showing the site without the variance and one showing the site with the variance.

8. Variance Fee: $100.00 (each major section). Check made payable to: Pasco County Board of County Commissioners.

P A S C O C O U N T Y TREE R E Q U I R E M E N T C H A R T

LIVE OAKS

SIZE (")

6'

8"

4"

10

12"

14"

15"

16"

18"

20"

24"

24"

30"

3 6

48"

TOTAL INCHES

4"

14

24"

3 6

NO.

2

2

1

1

2

1

I

4

3

2

4

1

4

4

1

TREES RETAINED

OTHER TREES

30"

32"

36"

42"

48"

50"

12"

TOTAL INCHES

12

16

4"

10"

24"

14"

15

64"

54"

40"

4 6

24"

120"

144"

48"

SIZE (")

4"

14

2 4

3 6

NO.

I

I

I

1

2

2

I

I

1

1

I

60"

64"

3 6

42"

48"

50"

72"

TOTAL OAK 574"

TOTAL INCHES TO BE REPLACED = 514"

TREES TO BE PLANTED

VARIETY NUMBER ADDED CALIPER INCHES TO BE ADDED

TOTAL OTHER

LIVE OAKS

0/3 = 2.6 (3)

36 4"

RED MAPLE

MAGNOLIA

WINGED ELM

NELLIE R. STEVENS

SABAL PALMX*

BALD CYPRESS

RIVER BIRCH

SWEETBAY MAGNOLIA

CRAPE MYRTLE

144"

TOTAL OAK:

4"

4"

4"

4"

3

4

4"

4

4

TOTAL OTHER:

TOTAL ALL:

DIFFERENCE

14

22

20

4

31

6

4

6

13

144"

5 6

88"

80"

16

3f'

24"

16

24"

52"

387"

531"

-43

**GROUP OF 3 - SABAL PALMS TO COUNT AS I - 3" GAL. TREE

43 GAL. INCHES TO BE ADDED TO TREE BANK AT $50/INCH TOTAL TO TREE BANK: $2150

The petitioner acknowledges that all variances are adjustments which allow minor changes of the Land Development Code requirements. All sites approved for variance are subject to site preliminary plan review in compliance with the Land Development Code.

I certify that all the above statements and the statements contained in any papers or plans submitted herewith are true to the best of my knowledge and belief.

I consent to the entry in or upon the premises described in this application by any authorized official of Pasco County for the purpose of posting, maintaining, and removing such notices as may be required by law.

DATE September 21.2007

APPLICANT'S SIGNATURE

APPLICANT'S REPRESENTATIVE Rob old Medallion Homes. Inc.

ADDRESS 19909 U.S. Highway 41

CITY,STATE, ZIP CODE Lutz, Florida 33549