Title:
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200 Riverview Drive - Request for: (1) a north side street setback variance from twenty-five (25) feet to zero (0) feet and; (2) an east front yard setback variance from twenty-five (25) feet to zero (0) feet for fencing, columns and gates that exceed (four) feet in height in the R-1AAA (Single Family Dwelling) district; BV2024-023 (Nishant Bajaria, Applicant) District 3 - Constantine (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 north side street setback variance from twenty-five (25) feet to zero (0) feet; and (2) an east front yard setback variance from twenty-five (25) feet to zero (0) feet for fencing, columns and gates that exceed (four) feet in height in the R-1AAA (Single Family Dwelling) district; or
2. Approve the request for: (1) a north side street setback variance from twenty-five (25) feet to zero (0) feet; and (2) an east front yard setback variance from twenty-five (25) feet to zero (0) feet for fencing, columns and gates that exceed (four) feet in height in the R-1AAA (Single Family Dwelling) district; or
3. Continue the request to a time and date certain.
Background:
• The subject property is located in the Sweetwater Club Unit 1 subdivision and is within the R-1AAA (Single Family Dwelling) district.
• The subject property is a corner lot and considered to have two (2) front yards for setback purposes. The way the residence was constructed on the lot, it faces both Riverview Drive and Sweetwater Club Circle with a circular driveway.
• There are two types of fencing located on the property. There is a six (6) foot privacy rock fence and a five (5) foot open metal fence with six (6) foot arched metal gates. The gates are attached to concrete columns, each column having a light fixture at the top totaling a height of six (6) feet and one (1) inch in height.
• The existing fencing and columns located on the north property line are thirty-one (31) feet from the edge of pavement and the fencing and columns located on the east property line are thirty-five (35) feet from the edge of pavement. There are no sidewalks in place within the Sweetwater Club Unit 1 subdivision.
• Traffic Engineering has no objection to the placement of the fence as it relates to sight visibility.
• A building code violation (BV25-29) was issued for the fencing and columns being constructed prior to the building permit (BP24-3248) being issued.
• 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 and front yard setback for this zoning district is twenty-five (25) feet; and Section 30.14.19(b) of the Seminole County Land Development Code, which states: Residential zoning classifications: fences and walls are limited to a maximum height of four (4) feet within the front yard and side street setbacks and six (6) feet six (6) inches within the side and rear yard setbacks except as provided in (f) of this Section. In the case of corner lots, the lot shall be considered to have a front yard or yards on any side or sides abutting a road right-of-way.
• 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; 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 fencing, gates and columns 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.