Title:
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2225 McCarthy Avenue- Request for a rear yard setback variance from thirty (30) feet to twenty (20) feet for a single-family residence in the R-1 (Single Family Dwelling) district; BV2025-027 (Lionel Southward, 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 Request for a rear yard setback variance from thirty (30) feet to twenty (20) feet for a single-family residence in the R-1 (Single Family Dwelling) district; or
2. Deny the request for a Request for a rear yard setback variance from thirty (30) feet to twenty (20) feet for a 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 subdivision and is zoned R-1 (Single Family Dwelling) district).
• The proposed single-family residence is 1,190 square feet. A building permit application was submitted November 11, 2024 (BP 24-16390). The site plan submitted and approved complied with the R-1 setbacks and met the 30-foot rear yard setback.
• When the Applicant applied for the septic tank/drain field permit, the septic contractor informed the Applicant of the need for the septic system to be located in the front yard. A well is located in the backyard and the separation requirements cannot be met. The site plan was revised to locate the septic in the front yard, and the single-family residence was moved further into the lot and resulted in the need for the 20-foot rear yard setback.
• 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.
The lot was created prior to the 1960 adoption of the County Wide Seminole County Ordinance. The adoption of the 1960 Land Development Code rendered many of the lots within Lockhart’s Subdivision legal non-conforming.
2. That the special conditions and circumstances do not result from the actions of the applicant.
The lot is nonconforming in area and width. The placement of the well and septic system prohibits both systems from being placed in the rear yard, which is not from the action of the applicant.
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.
Approval of this variance will not confer any special privileges to the Applicant but will provide reasonable use of the land as the site is consistent with the development pattern of the neighborhood.
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.
Without the requested variance the Applicant would be denied reasonable use of the property. The septic system cannot be located near the existing well and must be in the front yard.
5. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure.
The rear yard setback variance is the minimum variance for the property. The placement of the well and septic system created the need for the variance.
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.
Granting the variance allows for reasonable use of the land and not injurious to the neighborhood.
Staff finds that the following variance criteria have been satisfied:
The general intent of the Land Development Code is to maintain consistent setbacks; therefore, the grant of the variance will 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 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, and recommends the following conditions of approval:
1. Any variance granted will apply only to the 1,190 square foot single-family residence 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.