Title:
title
6146 Linneal Beach Drive - Request for (1) a rear yard setback variance from thirty (30) feet to ten (10) feet for a garage and (2) a south side yard setback from ten (10) feet to seven (7) feet for a garage, in the R-1AA (Single Family Dwelling) district; BV2025-088 (Richard W. Stewart, Applicant) District 3 - Constantine (Mary Robinson, Project Manager)
end
Department/Division:
division
Development Services - Planning and Development
body
Authorized By:
Kathy Hammel
Contact/Phone Number:
Mary Robinson/407-665-7339
Motion/Recommendation:
1. Deny the request for a (1) rear yard setback variance from thirty (30) feet to ten (10) feet for a garage and (2) a south side yard setback from ten (10) feet to seven (7) feet for a garage, in the R-1AA (Single Family Dwelling); or
2. Approve the request for a (1) rear yard setback variance from thirty (30) feet to ten (10) feet for a garage and (2) a south side yard setback from ten (10) feet to seven (7) feet for a garage, in the R-1AA (Single Family Dwelling); or
3. Continue the request to a time and date certain.
Background:
• The subject property is located in the Bear Lake Estates subdivision.
• The existing garage is 16 feet x 30 feet (480 square feet).
• A Code Enforcement violation (25-78) was issued for this structure, resulting in the necessity of this variance. The inspector’s notes state that the garage structure appears to exist since 2005. Review of historical aerial photographs lead to this conclusion.
• Section 30.7.3.1(1) of the Seminole County Land Development Code requires any accessory building exceeding 200 square feet in size and/or twelve (12) feet in height, to meet all the setback requirements applicable to the main residential structure located on the parcel.
• The request is for a variance to Section 30.7.3.1 of the Seminole County Land Development Code, which states that the rear yard setback for this zoning district is thirty (30) feet, and the side yard setback is ten(10) feet.
• There have not been any prior variances for the subject property.
Staff Findings:
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 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 existing 16’ x 30’ (480 square feet) garage structure as depicted on the attached site plan; and
2. Any additional conditions deemed appropriate by the Board of Adjustment, based on information presented at the public hearing.