Title:
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1667 Kingston Road - Request for: (1) a rear yard setback variance from thirty-five (35) feet to twenty (20) feet for a detached gym; and (2) a side yard (south) setback variance from twenty (20) feet to ten (10) feet for a storage container in the RC-1 (Country Homes) district; BV2024-126 (Meribel Mercado-Mussa, Applicant) District 3 - Constantine (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: (1) a rear yard setback variance from thirty-five (35) feet to twenty (20) feet for a detached gym; and (2) a side yard (south) setback variance from twenty (20) feet to ten (10) feet for a storage container in the RC-1 (Country Homes) district; or
2. Approve the request for: (1) a rear yard setback variance from thirty-five (35) feet to twenty (20) feet for a detached gym; and (2) a side yard (south) setback variance from twenty (20) feet to ten (10) feet for a storage container in the RC-1 (Country Homes) district; or
3. Continue the request to a time and date certain.
Background:
• The subject property is located in the Knollwood subdivision.
• The request is to bring into compliance the construction of two (2) unpermitted accessory structures that were built into the required side and rear yard setbacks. (Code violation 23-268)
• On September 23, 2024, the Board of Adjustment denied the applicant’s request for a rear yard setback variance from thirty-five (35) feet to ten (10) feet; and a side yard (south) setback variance from twenty (20) feet to seven (7) feet for a 525 square foot (20’ x 25’) detached gym; and also denied the request for a side yard (south) setback variance from twenty (20) feet to seven (7) feet for a 160 square foot (8’ x 20’) storage container.
• The applicant’s new variance request is proposing to move the detached gym west five (5) feet and north thirteen (13) feet to then only be encroaching the rear yard setback fifteen (15) feet instead of the originally requested encroachment of twenty-five (25) feet. By moving the detached gym north thirteen (13) feet, the side yard (south) setback variance would no longer be needed for this structure.
• The applicant is also proposing to move the 160 square foot storage container three (3) feet to the north encroaching ten (10) into the required side yard (south) setback instead of the originally requested encroachment of thirteen (13) feet.
• The request is for a variance to Section 30.7.3.1 of the Seminole County Land Development Code, which states that the side yard setback for this zoning district is twenty (20) feet and the rear yard setback is thirty-five (35) feet for accessory structures exceeding 200 square feet in size and/or twelve (12) feet in height.
• Accessory structures under 200 square feet in size and twelve (12) feet in height have a twenty (20) foot side yard setback and a twenty (20) foot rear yard setback.
Staff Findings:
The applicant has not satisfied all six (6) criteria under Section 30.3.3.2(b) of the Seminole County Land Development Code for granting a variance as listed below:
1. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zoning classification; and
2. That the special conditions and circumstances do not result from the actions of the applicant; and
3. That granting the variance requested will not confer on the applicant any special privilege that is denied by Chapter 30 to other lands, buildings, or structures in the same zoning classification; and
4. That 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 and would work unnecessary and undue hardship on the applicant; and
5. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure; and
6. That the grant of the variance will be in harmony with the general intent and purpose of Chapter 30, will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.
Staff finds that the following variance criteria have not been satisfied:
The applicant placed both structures on the property without the required building permits or site plan approval; therefore, special conditions and circumstances resulted from the actions of the applicant. Section 30.3.3.2(b)(2)
The applicant’s backyard is large enough for both structures to meet the minimum side and rear yard setback requirements; therefore, the literal interpretation of the provisions of Chapter 30 would not deprive the applicant of rights commonly enjoyed by other properties in the same zoning classification and would not work unnecessary and undue hardship on the applicant. Section 30.3.3.2(b)(4)
The general intent of the Land Development Code is to maintain consistent setbacks; therefore, the grant of the variance will not be in harmony with the general intent and purpose of Chapter 30, would be injurious to the neighborhood, and otherwise detrimental to the public welfare. Section 30.3.3.2(b)(6)
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 30.3.3.2(b) 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 detached gym and storage container 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.