Title:
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418 Lake Boulevard - Request for a west side street yard setback variance from twenty-five (25) feet to 8.75 feet for a carport conversion addition in the R-1AA (Single Family Dwelling) district; BV2026-027 (Yanina Genao, Applicant) District 4 - Lockhart (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 a west side street yard setback variance from twenty-five (25) feet to 8.75 feet for a carport conversion addition in the R-1AA (Single Family Dwelling) district; or
2. Approve the request for a west side street yard setback variance from twenty-five (25) feet to 8.75 feet for a carport conversion addition 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 Loch Arbor Fairlane subdivision.
• 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 Lake Boulevard. The Forrest Drive side is where the variance is being sought.
• The existing structure to be converted will be 12 feet by 26.1 feet (312 square feet).
• Traffic Engineering has no objection to the structure as it relates to sight visibility.
• The request is for a variance to Section 30.7.3.1 of the Seminole County Land Development Code, which states that the side street setback for this zoning district is twenty-five (25) feet.
• There has been a prior variance for the subject property for a width at building line variance from 90 feet to 73.75 feet.
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 proposed addition could be placed in a different location of the property that meets the setbacks; therefore, the variance requested is not the minimum variance that will make possible the reasonable use of the land, building, or structure. Section 30.3.3.2(b)(5)
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 carport conversion addition 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.