Title:
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3440 Dawn Court- Request for (1) a size variance from 1,851 square feet to 2,929 square feet; and (2) a height variance from sixteen (16) feet to twenty-four feet one inch (24’ 1”) for a detached accessory structure in the R-1 (Single Family Dwelling) district; BV2024-019 (Todd and Sandra Justin, Applicants) District 5 - Herr (Meggan Znorowski, 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:
Meggan Znorowski (407)665-7446
Motion/Recommendation:
1. Deny the request for (1) a size variance from 1,851 square feet to 2,929 square feet; and (2) a height variance from sixteen (16) feet to twenty-four feet one inch (24’ 1”) for a detached accessory structure in the R-1 (Single Family Dwelling) district; or
2. Approve the request for (1) a size variance from 1,851 square feet to 2,929 square feet; and (2) a height variance from sixteen (16) feet to twenty-four feet one inch (24’ 1”) for a detached accessory structure in the R-1 (Single Family Dwelling) district; or
3. Continue the request to a time and date certain.
Background:
• The subject property is located in the Dawn Estates subdivision.
• The detached two-story accessory structure is proposed as: (1) a first floor consisting of a detached garage with an additional storage room and gun room; and (2) a second floor consisting of an accessory dwelling unit (ADU), which will be required to meet all Land Development Code requirements at permitting, including an Administrative Adjustment for the size of the ADU.
• Seven (7) letters of support have been received for this proposed structure.
• The request is for variances to Section 30.6.1.2.(e) of the Seminole County Land Development Code, which states that accessory structures shall not exceed the principal building in terms of mass, size and height… Each detached accessory structure or building shall not exceed fifty (50) percent of the living area of the principal building…
• The existing principal building (single family residence) has 3,722 square feet of living space. The proposed structure is permitted to have 1,851 square feet per Sec. 30.6.1.2.(e).
• The existing principal building (single family residence) has a building height of sixteen (16) feet per Seminole County Land Development Code.
• There has been one prior variance for the subject property: BV2017-01 approved a front yard setback variance from thirty (30) feet to zero (0) feet for fence columns.
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 granting 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 has not been satisfied:
The general intent of the Land Development Code is to maintain consistent interpretations of the provisions of Chapter 30; therefore, the literal interpretation of the provisions of Chapter 30 would not deprive the applicant of rights commonly enjoyed by other properties in the same zoning classification and would not work unnecessary and undue hardship on the applicant. Section 30.3.3.2(b)(4)
The general intent of the Land Development Code is to maintain consistent and reasonable uses of land, buildings, and structures; therefore, the granting 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 detached accessory structure as depicted on the attached plans and site plan; subject to the Accessory Dwelling Unit (ADU) depicted on the floor plans meeting all Land Development Code Requirements at permitting, and
2. Any additional condition(s) deemed appropriate by the Board of Adjustment, based on information presented at the public hearing.