Title:
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(Parcel 37A) Snow Hill Road - Request for: (1) a lot size variance from five (5) acres to 10,500 square feet; and (2) a width at building line variance from 150 feet to 105 feet; and (3) a front yard setback variance from fifty (50) feet to forty (40) feet for a single family dwelling in the A-5 (Rural) district; BV2026-040 (Brian Foshee, Applicant) District 2 - Zembower (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. Deny the request for: (1) a lot size variance from five (5) acres to 10,500 square feet; and (2) a width at building line variance from 150 feet to 105 feet; and (3) a front yard setback variance from fifty (50) feet to forty (40) feet for a single family dwelling in the A-5 (Rural) district; or
2. Approve the request for: (1) a lot size variance from five (5) acres to 10,500 square feet; and (2) a width at building line variance from 150 feet to 105 feet; and (3) a front yard setback variance from fifty (50) feet to forty (40) feet for a single family dwelling in the A-5 (Rural) district; or
3. Continue the request to a time and date certain.
Background:
• The subject property is a legal parcel of record that was created prior to the Seminole County Subdivision Regulations being adopted on July 28, 1970, and prior to the A-5 (Rural) zoning district being adopted on September 11, 1991.
• The parcel is 10,500 square feet and is 207,300 square feet under the minimum five (5) acre lot size requirement, and forty-five (45) feet under the minimum 150 foot width at building line requirement.
• The proposed single family dwelling will be 2,400 square feet and will encroach ten (10) feet into the required front yard setback.
• The request is for a variance to Section 30.7.3.1 of the Seminole County Land Development Code, which states that the front yard setback for this zoning district is fifty (50) feet, the minimum parcel area required for this zoning district is 5 acres, and the minimum parcel width at building line is 150 feet.
• There have not been any prior variances for the subject property.
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 finds that the following variance criteria have not been satisfied:
The general intent of the Land Development Code is to maintain consistent setbacks, lot size and width; therefore, the grant 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)
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 lot size and width at building line 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.