Title:
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Lot 21 Hawkins Avenue- Request for a rear yard setback variance from thirty (30) feet to twenty (20) feet for single family residence in the R-1 (Single Family Dwelling) district; BV2025-046 (Vasu T. Persaud, Applicant) District 5 - Herr (Mary Robinson, 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:
Mary Robinson 407-665-7339
Motion/Recommendation:
1. Approve the request for a rear yard setback variance from thirty (30) feet to twenty (20) feet for single family residence in the R-1 (Single Family Dwelling) district; or
2. Deny the request for a rear yard setback variance from thirty (30) feet to twenty (20) feet for single family residence 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 Lockhart’s subdivision.
• The request is to construct an 1,800 square foot three (3) bedroom, two (2) bath single family dwelling. The proposed dwelling will encroach ten (10) feet into the thirty foot (30) rear yard setback. The subject property is zoned R-1, and the minimum lot area required in this zoning district is 8,400 square feet. The subject lot is 51’ x 100’ (5,100 square feet) and is substandard with regard to the minimum lot area requirements for the R-1 zoning district.
• The subject property is a parcel of record that pre-dated the subdivision regulations located within the Lockhart’s Subdivision Target Area, which was designated by Seminole County to promote new housing opportunities. The overall goal of the County's program is to stabilize and revitalize low-income neighborhoods through capital improvement, housing rehabilitation, and public service activities.
• The request is for a variance to Section 30.7.3.1 of the Seminole County Land Development Code, which states that the rear yard setback for this zoning district is thirty (30) feet.
• There have not been any prior variances for the subject property.
Staff Findings:
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 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 been satisfied:
• The parcel is a substandard parcel of record that pre-dates the subdivision regulations; therefore, special conditions and circumstances do 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 parcel is a substandard parcel of record that pre-dates the subdivision regulations; therefore, special conditions and circumstances do not result from the actions of the applicant. Section 30.3.3.2(b)(2)
• The placement of a new single-family home would continue the established use of this property; 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 classification. Section 30.3.3.2(b)(3)
• The size of the proposed dwelling is of reasonable size to be placed on a lot that is substandard; 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 size of the proposed dwelling is of reasonable size to be placed on a lot that is substandard; therefore, the variance requested is the minimum variance that will make possible reasonable use of the land, building or structure. Section 30.3.3.2(b)(5)
• The size of the subject property and proposed dwelling are consistent with the surrounding properties and development pattern of this neighborhood. The property is within the Lockhart’s Subdivision Target Area designated by Seminole County in order to promote new housing opportunities; therefore, the grant of the variance would be in harmony with the general intent of Chapter 30. Section 30.3.3.2(b)(6)
Staff Conclusion:
Based upon the foregoing findings, the requested variance is 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 approval 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 proposed 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.