Title:
title
308 Golfview Avenue - Request for a maximum accessory structure size variance from fifty (50) percent to 92.8 percent of the size of the principal dwelling unit for a detached garage in the A-1 (Agriculture) district; BV2026-077 (Dennis Gonzalez, Applicant) District 1 - Dallari (Hilary Padin, Project Manager)
end
Department/Division:
division
Development Services - Planning and Development
body
Authorized By:
Kathy Hammel
Contact/Phone Number:
Hilary Padin/407-665-7331
Motion/Recommendation:
1. Deny the request for a maximum accessory structure size variance from fifty (50) percent to 92.8 percent of the size of the principal dwelling unit for a detached garage in the A-1 (Agriculture) district; or
2. Approve the request for a maximum accessory structure size variance from fifty (50) percent to 92.8 percent of the size of the principal dwelling unit for a detached garage in the A-1 (Agriculture) district; or
3. Continue the request to a time and date certain.
Background:
• The subject property is located in the Chula Vista subdivision.
• The existing single-family home is 1,724 square feet. The request is to construct a 1,600 square foot detached garage and lean-to, which exceeds the maximum accessory structure size by 738 square feet.
• Section 30.6.1.2(e) of the Seminole County Land Development Code states that each detached accessory structure or building shall not exceed fifty (50) percent of the living area of the principal building.
• There have not been any prior variances for the subject property.
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:
• Special conditions and circumstances do not 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. Section 30.3.3.2(b)(1)
• The property has an attached garage, detached garage, and a detached carport and the addition of a 1,600 square foot garage exceeds the minimum variance necessary; therefore, the variance requested is not the minimum variance that will make possible the reasonable use of the land, building, or structure. Section 30.3.3.2(b)(5)
• The general intent of the Land Development Code is to maintain consistent requirements; 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 garage and lean-to (40’ x 40’) 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.