Title:
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101 Caspian Cove - Request for a front yard setback variance from 161 feet to 100 feet to allow an accessory structure to project beyond the established front building line of the primary structure for solar ground mounted panels in the R-1AA (Single Family Dwelling) district; BV2023-015 (Joshua Skiendziel, Applicant) District 4 - Lockhart (Kathy Hammel, Project Manager)
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Department/Division:
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Development Services - Planning and Development
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Contact/Phone Number:
Kathy Hammel
Motion/Recommendation:
1. Deny the request for a front yard setback variance from 161 feet to 100 feet to allow an accessory structure to project beyond the established front building line of the primary structure for solar ground mounted panels in the R-1AA (Single Family Dwelling) district; or
2. Approve the request for a front yard setback variance from 161 feet to 100 feet to allow an accessory structure to project beyond the established front building line of the primary structure for solar ground mounted panels in the R-1AA (Single Family Dwelling) district; or
3. Continue the request to a time and date certain.
Background:
• The subject property is located in the Loch Arbor Isle of Pines Section 2 subdivision and is within the R-1AA (Single Family Dwelling District).
• The request is for a variance for solar ground mounted panels which are considered an accessory structure/building. The ground mounted solar panels are 11’9” x 82’4” or 980.56 square feet. The mean height is 15 feet in which the roof sloop is 7 feet to 20 feet.
• The Applicant originally entered the permit for the solar panels into the County’s system as roof mounted solar panels, which do not need to meet setback regulations. However, the actual application and plans indicated a solar ground mounted panels which are considered an accessory structure/building and should have been routed to zoning for review. The plans were not originally routed for zoning review and were subsequently issued a building permit. The ground mounted solar panels were constructed beyond the established front building line of the primary structure which is not allowed in the R-1AA (Single Family Dwelling) district. The issue was brought to the County’s attention from a neighbor and staff meet with the property owners and applicant to discuss moving the solar panels to meet the zoning regulations. It was discovered that moving the solar panels would mean they would be closer to the water and create the need for additional trees to be removed, and possibly create more of a visual intrusion for the neighbors. For these reasons and because of the considerable cost to move the solar array, the property owner and solar company have elected to apply for a variance.
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:
Under Section 30.1345(c) of the Seminole County Land Development Code no detached accessory building shall project beyond the established building line; therefore, the granting of the variance requested would confer on the applicant special privileges that are denied by Chapter 30 to other lands, buildings, or structures in the same zoning district. Section 30.43(b)(3)(c)
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 solar ground mounted panels 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.