Title:
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2125 Linden Road- Request for a front yard setback variance from twenty-five (25) feet to zero (0) feet for a fence in the R-1A (Single Family Dwelling) district; BV2025-014 (Mollie Vega, Applicant) District 4 - Lockhart (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. Deny the request for a front yard setback variance from twenty-five feet (25’) to zero (0’) feet for a fence in the R-1A (Single Family Dwelling) district; or
2. Approve the request for a front yard setback variance from twenty-five (25’) feet to zero (0’) feet for a fence in the R-1A (Single Family Dwelling) district; or
3.Continue the request to a time and date certain.
Background:
• The subject property is a corner lot and, as such, considered to have two (2) front yards for setback purposes. The front of the house faces Linden Road. The property line adjacent to Knoll Street side is the location where the variance is being sought. Knoll Street is a platted right of way, but is not an open road.
• The privacy fence is six (6) foot high and vinyl/pvc material. The fence is on the property line, therefore the request for a zero (0’) foot setback.
• A Code Enforcement violation (#25-10) was issued for the fence construction without a fence permit, resulting in the necessity of this variance. The property owner has submitted a fence permit application (#25-1356) and the approval is pending the outcome of this variance hearing. On April 5, 2021, a fence permit was erroneously approved for a six-foot fence along Knoll Street.
• The request is for a variance to Section 30.14.19(f)(2) of the Seminole County Land Development Code, which states that on corner lots in residentially zoned properties, the secondary front yard or side street setback may be reduced to five (5) feet provided the visual clearance requirements can be met and with approval by the Seminole County Traffic Engineering Division. The Traffic Engineering Division did not object to the proposed fence location. The applicant is requesting a zero (0 ft.) setback.
• There are no prior variances for the subject property, but a variance was approved for fence height at 2153 Linden Rd. and a setback variance was approve for 1918 Linden Rd.
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 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 fence 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.