Title:
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Lincoln Street (LOT 61) - Request for: (1) a front yard setback variance from fifty (50) feet to twenty-five (25) feet; and (2) a side yard (west) setback variance from ten (10) feet to seven and one-half (7½) feet; and (3) a side yard (east) setback variance from ten (10) feet to seven and one-half (7½) feet; and (4) a width at building line variance from (150) feet to forty-four (44) feet; and (5) a lot size variance from one (1) acre to 6,160 square feet for a single family dwelling in the A-1 (Agriculture) district; BV2023-103 (Patricia Tanner, Applicant) District 5 - Herr (Angi Gates, 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:
Angi Gates 407-665-7465
Motion/Recommendation:
1. Approve the request for: (1) a front yard setback variance from fifty (50) feet to twenty-five (25) feet; and (2) a side yard (west) setback variance from ten (10) feet to seven and one-half (7½) feet; and (3) a side yard (east) setback variance from ten (10) feet to seven and one-half (7½) feet; and (4) a width at building line variance from (150) feet to forty-four (44) feet; and (5) a lot size variance from one (1) acre to 6,160 square feet for a single family dwelling in the A-1 (Agriculture) district; or
2. Deny the request for: (1) a front yard setback variance from fifty (50) feet to twenty-five (25) feet; and (2) a side yard (west) setback variance from ten (10) feet to seven and one-half (7½) feet; and (3) a side yard (east) setback variance from ten (10) feet to seven and one-half (7½) feet; and (4) a width at building line variance from (150) feet to forty-four (44) feet; and (5) a lot size variance from one (1) acre to 6,160 square feet for a single family dwelling in the A-1 (Agriculture) district; or
3. Continue the request to a time and date certain.
Background:
• This parcel is a parcel of record that pre-dated the subdivision regulations.
• The lot is within the community development target area called Midway designated by Seminole County in order to promote new housing opportunities. The overall goal of the County's program is to stabilize and revitalize low income neighborhoods through capital improvement, housing rehabilitation, and public service activities.
• The proposed single family residence will be approximately 1,194 square feet and will encroach twenty-five (25) feet into the required front yard setback and two and one-half (2½) feet into the required west and east side yard setbacks.
• The request is for a variance to Section 30.127, Section 30.128(a)(1) and Section 30.128(a)3) of the Land Development Code of Seminole County, which states:
The minimum building site area for each single-family dwelling shall be one (1) acre (forty-three thousand five hundred sixty (43,560) square feet) and the lot shall have a minimum width of one hundred fifty (150) feet at the building line.
(a) The following minimum front, rear, and side yards shall be observed:
(1) Front. Fifty (50) feet measured from the front property line or lot line.
(3) Side. Ten (10) feet as measured from the side property line or lot line, except where aside yard abuts a street or road, in which case, the side yard shall be fifty (50) feet.
• There have not been prior variances for the subject property.
Staff Findings:
The applicant has satisfied all six (6) criteria under Section 30.43(b)(3) of the Seminole County Land Development Code for granting a variance as listed below:
a. That special conditions or circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or building in the same zoning district; and
b. That the special conditions and circumstances do not result from the actions of the applicant; and
c. That the granting of the variance requested will not confer on the applicant special privileges that are denied by Chapter 30 to other lands, buildings, or structures in the same zoning district; and
d. That the literal interpretation of the provisions of Chapter 30 will deprive the applicant of rights commonly enjoyed by other properties in the same zoning classification; and
e. That the variance requested is the minimum variance that will make possible reasonable use of the land, building or structure; and
f. That the grant of the variance would be in harmony with the general intent of Chapter 30.
Staff finds that the following variance criterion have been satisfied:
• The parcel is a legal parcel of record created prior to the subdivision regulations being adopted; therefore, special conditions or circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or building in the same zoning district.
• The majority of the surrounding lots and parcels are in the A-1 (Agriculture) zoning district which rendered the majority of lots and existing homes within Midway non-conforming; therefore, special conditions and circumstances did not result from the actions of the applicant.
• The size of the subject property is consistent with the surrounding properties and development pattern of this neighborhood; therefore, the granting of the variance requested would not confer on the applicant special privileges that are denied by Chapter 30 to other lands, buildings, or structures in the same zoning district.
• The placement of a new single family home would continue the established and historic use of this property; therefore, 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.
• The subject property falls short of the minimum A-1 (Agriculture) zoning requirements; therefore, the variance requested is the minimum variance that will make possible reasonable use of the land, building or structure.
• The size of the subject property is consistent with the surrounding properties and development pattern of this neighborhood. The property is also within the Midway Target Area designated by Seminole County in order to promote new housing opportunities; therefore, the grant of the variance would be in harmony with the general intent of Chapter 30.
Staff Conclusion:
Based upon the foregoing findings, the requested variance is in the public interest and failure to grant the variance would result in an unnecessary and undue hardship.
Staff Recommendation:
Based on the stated findings, staff recommends approval of the request, but if the Board of Adjustment determines that the applicant has satisfied all six criteria under Sec. 30.43(b)(3) of the Land Development Code for granting a variance, staff recommends the following conditions of approval:
1. Any variance granted will apply only to the 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.