Title:
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145 Magnolia Drive- Request for a for a west side yard setback variance from ten (10) feet to eight and one-half (8.5) feet for a single-family dwelling in the RM-1 (Single Family Mobile Home) district; BV2025-077 (Sara Maier, Authorized Agent) District 3 - Constantine (Mary Robinson, 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:
Mary Robinson/407-665-7339
Motion/Recommendation:
1. Approve the request for a west side yard setback variance from ten (10) feet to eight and one-half (8.5) feet for a single-family dwelling in the R-M1 (Single Family Mobile Home) district; or
2. Deny the request for a west side yard setback variance from ten (10) feet to eight and one-half (8.5) feet for a single-family dwelling in the R-M1 (Single Family Mobile Home) district; or
3. Continue the request to a time and date certain.
Background:
• The subject property is located in the Mobile Manor subdivision and is zoned RM-1 (Single Family Mobile Home).
• The property owner is represented by the Rebuild Florida Program. This program assists property owners with rehabilitation or a replacement home due to the impacts of Hurricane Ian. The variance is being requested is to construct a new dwelling on the subject lot.
• The existing mobile home dwelling was storm damaged beyond repair and cannot be reconstructed. The Rebuild Florida Program has specific models available to participants. The authorized representative has stated that the proposed dwelling is the most appropriate model for this property.
• The request is for a variance to Section 30.7.3.1 of the Seminole County Land Development Code, which states that the side yard setback for this zoning district is ten (10) feet. The subject property is 50 feet x 100 feet (5,000 square feet in area).
• The proposed dwelling will encroach 1.67 feet into the ten-foot side yard setback.
• There have not been any prior variances for the subject property.
• The subject property is not located within a Target Area, but the Mobile Manor subdivision is a location to promote affordable housing.
Staff Findings:
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 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 been satisfied:
• The proposed dwelling will replace a hurricane damaged structure and cannot be repaired; therefore, special conditions and circumstances do 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. Section 30.3.3.2(b)(1)
• The need for a new dwelling is a result of damages incurred by Hurricane Ian; therefore, special conditions and circumstances are not the result from the actions of the applicant. Section 30.3.3.2(b)(2)
• The placement of a new single-family home would continue the established use of this property; therefore, the granting of the variance requested would confer on the applicant special privileges that are denied by Chapter 30 to other lands, buildings, or structures in the same zoning classification. Section 30.3.3.2(b)(3)
• The Rebuild Florida Program has specific house models for participants; therefore, 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. Section 30.3.3.2(b)(4)
• The placement of the proposed dwelling will encroach 1.67 feet into the 10-foot setback; therefore, the variance requested is the minimum variance that will make possible the reasonable use of the land, building, or structure. Section 30.3.3.2(b)(5)
• The general intent of the Land Development Code is to maintain consistent setbacks; therefore, the grant of the variance will be in harmony with the general intent and purpose of Chapter 30, would not 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 in the public interest and failure to grant the variance would result in an unnecessary and undue hardship.
Staff Recommendation:
Based on the stated findings, staff recommends approval of the request, Additionally, 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 single-family dwelling 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.