Title:
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2838 Red Bug Lake Road - Request for a front yard (south) setback variance from (100) feet to forty-four (44) feet for an accessory dwelling unit in the A-1 (Agriculture) district; BV2023-008 (Jeremy Swift, Applicant) District 1 - Dallari (Angi Gates, Project Manager)
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Department/Division:
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Development Services - Planning and Development
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Authorized By:
Kathy Hammel
Contact/Phone Number:
Angi gates 407-665-7465
Motion/Recommendation:
1. Deny the request for a front yard (south) setback variance from (100) feet to forty-four (44) feet for an accessory dwelling unit in the A-1 (Agriculture) district; or
2. Approve the request for a front yard (south) setback variance from (100) feet to forty-four (44) feet for an accessory dwelling unit in the A-1 (Agriculture) district; or
3. Continue the request to a time and date certain.
Background:
• The existing accessory dwelling unit is 500 square feet (20’ x 25’) and encroaches fifty-six (56) feet into the required front yard setback.
• No building permits were found on record for the accessory dwelling unit. A building permit will be required.
• The request is for a variance to Section 30.128(a)(b) of the Land Development Code of Seminole County, which states:
(a)The following minimum front, rear, and side yards shall be observed:
(b)Accessory buildings or structures which are not intended to be used for the housing or shelter of livestock or poultry and which are accessory to the residential use, shall maintain the same front and side yards as the main structure and shall maintain rear yards of a minimum of ten (10) feet. Accessory buildings or structures shall not project beyond the established building line unless set back a minimum of one hundred (100) feet from the front property line.
• There have not been prior variances for the subject property.
Staff Findings:
The applicant has not satisfied all six (6) criteria under Section 30.43(b)(3) of the Seminole County Land Development Code for granting a variance as listed below:
a. That special conditions or circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or building in the same zoning district; and
b. That the special conditions and circumstances do not result from the actions of the applicant; and
c. That the granting of the variance requested will not confer on the applicant special privileges that are denied by Chapter 30 to other lands, buildings, or structures in the same zoning district; and
d. That the literal interpretation of the provisions of Chapter 30 will deprive the applicant of rights commonly enjoyed by other properties in the same zoning classification; and
e. That the variance requested is the minimum variance that will make possible reasonable use of the land, building or structure; and
f. That the grant of the variance would be in harmony with the general intent of Chapter 30.
Staff finds that the following variance criteria have not been satisfied:
The general intent of the Land Development Code is to maintain consistent setbacks; therefore, the grant of the variance would not be in harmony with the general intent of Chapter 30. Section 30.43(b)(3)(f)
Staff Conclusion:
Based upon the foregoing findings, the requested variance is not in the public interest and failure to grant the variance would not result in an unnecessary and undue hardship.
Staff Recommendation:
Based on the stated findings, staff recommends denial of the request, but if the Board of Adjustment determines that the applicant has satisfied all six (6) criteria under Section 30.43(b)(3) of the Seminole County Land Development Code for granting a variance, staff recommends the following conditions of approval:
1. Any variance granted will apply only to the accessory dwelling unit as depicted on the attached site plan; and
2. Any additional condition(s) deemed appropriate by the Board of Adjustment, based on information presented at the public hearing.