Title:
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5050 Thomas Stable Road - Request for a front yard setback variance from one hundred (100) feet to forty-two (42) feet for an accessory dwelling unit in the A-1 (Agriculture) district; BV2024-090 (Steven & Gail Thomas, Applicants) District 2 - Zembower (Hilary Padin, 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:
Hilary Padin - (407) 665-7331
Motion/Recommendation:
1. Deny the request for a front yard setback variance from one hundred (100) feet to forty-two (42) feet for an accessory dwelling unit in the A-1 (Agriculture) district; or
2. Approve the request for a front yard setback variance from one hundred (100) feet to forty-two (42) feet for an accessory dwelling unit in the A-1 (Agriculture) district; or
3. Continue the request to a time and date certain.
Background:
• The request is to convert an existing dwelling unit built in 1945, which pre-dates the Land Development Code, into an accessory dwelling unit (ADU), so that a primary dwelling unit can be constructed.
• The proposed ADU encroaches approximately fifty-eight (58) feet into the required 100-foot accessory structure front yard setback as it will be in front of the new primary structure.
• The Applicant will construct a new primary structure, which will meet the required fifty (50) foot front yard setback.
• The primary dwelling unit will be a minimum of 2,900 square feet to meet the Land Development Code requirement of 285% of the size of the original unit.
• The proposed ADU is restricted to 1,000 square feet or up to 1,100 square feet with an Administrative Adjustment and may be required to be modified to meet the limitation.
• The request is for a variance to Section 30.7.3.2 of the Seminole County Land Development Code, which states that accessory structures shall be equal to or greater than the main residence unless setback is equal to or greater than one hundred (100) feet.
• There have not been 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 has not been satisfied:
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 accessory dwelling unit 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.