Title:
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Board of Adjustment Appeal - Appeal of the Board of Adjustment decision to deny the request for an east side yard setback variance from ten (10) feet to two (2) feet for a detached accessory structure in the R-1AA (Single Family Dwelling) district, for property more particularly known as 1735 Carlton Street; (James and Marie Riesen, Appellants) District3 - Constantine (Angi Gates, Planner)
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Division:
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Development Services
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Authorized By:
Jose Gomez, Development Services Director
Contact/Phone Number:
Angi Gates/407-665-7465
Background:
• On June 23, 2025, the Board of Adjustment denied a variance for an east side yard setback variance from ten (10) feet to two (2) feet for a detached accessory structure in the R-1AA (Single Family Dwelling) district; with the Denial Development Order attached hereto as (Exhibit A).
• The existing carport/garage is 780 square feet (26’ x 30’) and encroaches eight (8) feet into the required west side yard setback.
• A building code violation was issued for this structure (25-76) because the structure was constructed without the required building permits, resulting in the necessity of a variance.
• On July 9, 2025, James and Marie Riesen, Appellants, filed a Notice of Appeal of the Board of Adjustment Decision (Exhibit B).
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 (SCLDC) 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 not been satisfied:
The general intent of the Land Development Code is to maintain consistent setbacks; therefore, the granting 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).
BOA Decision
Specifically, based on the testimony and evidence on the record, granting of the requested variance would be violative of one or more of the variance criteria found in section 30.3.3.1(b) SCLDC, presenting a disproportionately injurious impact on the adjoining neighbor due to the proximity of the detached accessory structure to the neighbor’s property line, and would therefore not be in harmony with the general intent and purpose of Chapter 30 of the Land Development Code to maintain consistent setbacks.
Requested Action:
Based on the information, findings, and conclusions included and referenced in the Agenda Memorandum prepared in association with the original action taken by the Board of Adjustment at its meeting on June 23, 2025 (attached hereto as Exhibit D), and the testimony presented at the aforementioned meeting (the minutes of which are attached hereto as Exhibit C), staff requests the Board of County Commissioners uphold the decision of the Board of Adjustment to deny the request for an east side yard setback variance from ten (10) feet to two (2) feet for a detached accessory structure in the R-1AA (Single Family Dwelling) district.