Title:
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2038 Warner Drive - Request for: (1) a north side yard setback variance from ten (10) feet to five (5) feet; and (2) a roof height variance from fourteen (14) feet to sixteen (16) feet; and (3) an accessory structure size variance from 1,096 square feet to 2,592 square feet for a detached storage building in the A-1 (Agriculture) district; BV2025-070 (Angela Spigner, Applicant) District 1 - Dallari (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 yard setback variance from ten (10) feet to five (5) feet; and (2) a roof height variance from fourteen (14) feet to sixteen (16) feet; and (3) an accessory structure size variance from 1,096 square feet to 2,592 square feet for a detached storage building in the A-1 (Agriculture) district; or
2. Approve the request for: (1) a north side yard setback variance from ten (10) feet to five (5) feet; and (2) a roof height variance from fourteen (14) feet to sixteen (16) feet; and (3) an accessory structure size variance from 1,096 square feet to 2,592 square feet for a detached storage building in the A-1 (Agriculture) district; or
3. Continue the request to a time and date certain.
Background:
• The subject property is located in the Pickett Downs Unit 4 subdivision.
• The proposed storage building will be 2,592 square feet (36’ x 72’) and sixteen feet in height, exceeding the maximum allowable square feet by 1,496 square feet and will also exceed the height of the principal dwelling by two (2) feet.
• The structure will be used for personal use only.
• One letter of support was received from the neighbor located at 2058 Warner Drive.
• The property owner applied for a building permit (BP24-16578) and at that time it was determined that the three (3) variance requests would be required.
• Section 30.6.1.2 of the Seminole County Land Development Code states:
(e) Accessory buildings shall not exceed the principal building in terms of mass, size, and height unless located in the A-1 zoning District and used for agricultural purposes such as a livestock barn or stable. Each detached accessory structure or building shall not exceed fifty (50) percent of the living area of the principal building. This provision does not apply to accessory structures within the A-3, A-5, and A-10 zoning Districts. A screened pool structure height may exceed the height of the principal structure, but no taller than permitted by the applicable zoning district.
• 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.
• There have not been any prior variances for the subject property.
Staff Findings:
Staff finds that the following variance criteria have not been satisfied:
The general intent of the Land Development Code is to maintain consistent setbacks, size and height; 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 detached storage building 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.