Title:
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2241 Blue Fish Place - Request for: (1) a north front yard setback variance from fifty (50) feet to forty-five (45) feet; and (2): a west side street setback variance from fifty (50) feet and to thirty-five (35) feet for a pole barn in the A-5 (Rural Zoning Classification) district; BV2026-044 (Lisa Prieto, Applicant) District 2 - Zembower (Jealyan Moreno, 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:
Jealyan Moreno/407-665-7387
Motion/Recommendation:
1. Deny the request for: (1) a north front yard setback variance from fifty (50) feet to forty-five (45) feet; and (2): a west side street setback variance from fifty (50) feet and to thirty-five (35) feet for a pole barn in the A-5 (Rural Zoning Classification) district; or
2. Approve the request for: (1) a north front yard setback variance from fifty (50) feet to forty-five (45) feet; and (2): a west side street setback variance from fifty (50) feet and to thirty-five (35) feet for a pole barn in the A-5 (Rural Zoning Classification) district; or
3. Continue the request to a time and date certain.
Background:
• The subject property is located in the Mullet Lake Retreat Unit 2 subdivision
• The existing pole barn is forty (40) feet by sixty (60) feet.
• The applicant has applied for a building permit (#26-00003109) and at that time it was determined that a setback variance would be required.
• The Property Appraiser granted the subject property an agricultural classification in 2022 and 2023. During that time, the property owner constructed a small pole barn on the south side of the property and a pole barn on the north side. The applicant no longer has an agricultural classification and is now requesting to enclose the pole barn on the north side. However, the structure does not meet the required setbacks.
• Section 30.6.1.2(e) of the Seminole County Land Development Code states:
Accessory buildings shall not exceed the principal building in terms of mass, size, and height unless located in the A-1 zoning District and used for agricultural purposes such as a livestock barn or stable. Each detached accessory structure or building shall not exceed fifty (50) percent of the living area of the principal building. This provision does not apply to accessory structures within the A-3, A-5, and A-10 zoning districts. A screened pool structure’s height may exceed the height of the principal structure, but no taller than permitted by the applicable zoning district.
• The request is for a variance to Section 30.7.3.1 of the Seminole County Land Development Code, which states that the front yard setback is fifty (50) feet and side street setback is fifty (50) feet for this zoning district.
• 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 find that the following variance criteria have 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 pole barn 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.