Title:
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2451 Water Street - Request for: (1) a side yard (north) setback variance from seven and one-half (7½) feet to five and one-half (5½) feet; and (2) a side yard (south) setback variance from seven and one-half (7½) feet to five and one-half (5½) feet for a Single Family Dwelling in the R-1 (Single Family Dwelling) district; BV2023-120 (Patricia Tanner, Applicant) District 5 - Herr (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. Approve the request for: (1) a side yard (north) setback variance from seven and one-half (7½) feet to five and one-half (5½) feet; and (2) a side yard (south) setback variance from seven and one-half (7½) feet to five and one-half (5½) feet for a Single Family Dwelling in the R-1 (Single Family Dwelling) district; or
2. Deny the request for a for: (1) a side yard (north) setback variance from seven and one-half (7½) feet to five and one-half (5½) feet; and (2) a side yard (south) setback variance from seven and one-half (7½) feet to five and one-half (5½) feet for a Single Family Dwelling in the R-1 (Single Family Dwelling) district; or
3. Continue the request to a time and date certain.
Background:
• The subject property is located in the Midway subdivision, which was platted in 1910 prior to the adoption of zoning and the Seminole County Land Development Code.
• The applicant is proposing a single story 1,196 square foot single family dwelling.
• The request is for a variance to Section 30.186(a) of the Land Development Code of Seminole County, which states:
(a) In the R-1 Single-Family Dwelling District, the following minimum yards shall be observed:
(2) Side. Seven and one-half (7½) feet inside, twenty-five (25) feet street side, provided, however, that the twenty-five (25) foot street side minimum yard shall be reduced to fifteen (15) feet for corner lots to be located on intersections without geometric restrictions or other sight limitations. If corner sight obstructions or restrictions exist due to the horizontal or vertical controls, each case shall be individually reviewed and approved by the Traffic Engineer to ensure a safe design in accordance with the AASHTO requirements.
• There have not been prior variances for the subject property.
• The Midway subdivision is designated as a Community Development Target Area by the Board of County Commissioners. These target areas are designated to encourage redevelopment, preservation, revitalization and the removal of blight. The proposed construction is aligned with these goals.
Staff Findings:
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 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 has been satisfied:
• The subject property is located in a subdivision platted prior to the adopting of zoning districts; therefore, 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. Sec. 30.43(b)(3)(a)
• The subject property’s lot size was established at the time of platting prior to the creation of the zoning regulations; therefore, special conditions and circumstances did not result from the actions of the applicant. Sec. 30.43(b)(3)(b)
• The reasonable use of the property as a single family dwelling is a right asserted to all properties within the zoning district; therefore, the granting of the variance requested would not confer on the applicant special privileges that are denied by Chapter 30 to other lands, buildings, or structures in the same zoning district. Sec. 30.43(b)(3)(c)
• The entitlement to a single family dwelling on a legal lot of record is given to all lots of record within the same zoning classification; therefore, the literal interpretation of the provisions of Chapter 30 would deprive the applicant of rights commonly enjoyed by other properties in the same zoning classification. Sec. 30.43(b)(3)(d)
• The size of the lot would not otherwise accommodate a single family dwelling and parking; therefore, the variance requested is the minimum variance that will make possible reasonable use of the land, building or structure. Sec. 30.43(b)(3)(e)
• The general intent of Chapter 30 is to protect the public interest and preserve the natural characteristics of residential and non-residential areas. The construction of a dwelling in this subdivision on this size lot preserves the character of the area and promotes the public interest; therefore, the grant of the variance would be in harmony with the general intent of Chapter 30. Sec. 30.43(b)(3)(f)
Staff Conclusion:
Based upon the foregoing findings, the requested variance is in the public interest and failure to grant the variance would result in an unnecessary and undue hardship.
Staff Recommendation:
Based on the stated findings, staff recommends approval of the request, and 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 single family dwelling 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.