Title:
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308 Croton Drive - Request for (1) a west side yard setback variance from ten (10) feet to seven and two tenths (7.2) feet for a screen enclosure and an existing single-family residence, and (2) an east side yard setback variance from ten (10) feet to seven and one-half (7.5) feet for and existing single-family residence in the R-1AA (Single Family Dwelling) district; BV2025-075 (Daniel & Dana Brownlee, Applicants) District 3 - Constantine (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 (1) a west side, yard setback variance from ten (10) feet to seven and two tenths (7.2) feet for a screen enclosure and an existing single-family residence, and (2) an east side yard setback variance from ten (10) feet to seven and one-half (7.5) feet for an existing single-family residence, in the R-1AA (Single Family Dwelling) district; or
2. Deny the request for (1) a west side, yard setback variance from ten (10) feet to seven and two tenths (7.2) feet for a screen enclosure and an existing single-family residence, and (2) an east side yard setback variance from ten (10) feet to seven and one-half (7.5) feet for an existing single-family residence, in the R-1AA (Single Family Dwelling) district; or
3. Continue the request to a time and date certain.
Background:
• The subject property is located in the Druid Hills Park subdivision and is zoned R-1AA (Single Family Dwelling).
• The variance application requests relief from a side yard setback for a screen enclosure, but during the review staff identified that the dwelling unit did not meet the ten-foot side yard setback and included the additional request for side yard setbacks for the dwelling.
• The single-family dwelling was built in the 1960’s. At that time the required side yard setback was 7.5 feet. The dwelling was built to these standards and now has a nonconforming setback.
• The proposed screen enclosure is approximately 22 ft. X 43 ft. (946 square feet). The existing single-family dwelling is 2,060 square feet in area.
• Three letters of support have been received from adjacent neighbors.
• The request is for a variance to Section 30.7.3.1 of the Seminole County Land Development Code, which states that the side yard setback for this zoning district is ten (10) 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; 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 been satisfied:
• The current setback of seven and one-half feet (7.5) was the required setback at the time the single-family dwelling was built and the seven and two tenths (7.2) setback has existed since the dwelling was built; therefore, special conditions and circumstances do 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. Section 30.3.3.2(b)(1)
• The construction of the dwelling in the 1960’s was not the action of the applicant; therefore, special conditions and circumstances were not the result of the actions of the applicant. Section 30.3.3.2(b)(2)
• The dwelling having been built in the 1960’s conformed to the zoning; 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 classification. Section 30.3.3.2(b)(3)
• The dwelling conforms to all land development code requirements in place during the 1960’s ; 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 and would work unnecessary and undue hardship on the applicant. Section 30.3.3.2(b)(4)
• The setbacks conformed to the Land Development Code in effect at the time the dwelling was constructed; therefore, the variances requested are the minimum variance that will make possible the reasonable use of the land, building, or structure. Section 30.3.3.2(b)(5)
• The general intent of the Land Development Code is to maintain consistent setbacks; therefore, the grant of the variances will be in harmony with the general intent and purpose of Chapter 30, would not be injurious to the neighborhood, or 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 be an unnecessary and undue hardship.
Staff Recommendation:
Based on the stated findings, staff recommends approval of the request, and 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 single-family dwelling and proposed screen room enclosure 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.