Title:
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(Parcel 9) 1195 Wymore Road - Request for: (1) a north rear yard setback variance from thirty (30) feet to three and one-half (3½) feet; and (2) an east side yard setback variance from ten (10) feet to seven and one-half (7½) feet for a shed in the R-1AA (Single Family Dwelling) district; BV2025-025 (Rami Sadrack, 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. Approve the request for a for: (1) a north rear yard setback variance from thirty (30) feet to three and one-half (3½) feet; and (2) an east side yard setback variance from ten (10) feet to seven and one-half (7½) feet for a shed in the R-1AA (Single Family Dwelling) district; or
2. Deny the request for: (1) a north rear yard setback variance from thirty (30) feet to three and one-half (3½) feet; and (2) an east side yard setback variance from ten (10) feet to seven and one-half (7½) feet for a shed in the R-1AA (Single Family Dwelling) district; or
3. Continue the request to a time and date certain.
Background:
• The proposed variance request is located on parcel 23-21-29-300-0090-0000 in unincorporated Seminole County and is owned by St. Anthony Coptic Orthodox Church, Inc.
• The church, parking and other associated buildings are located on adjacent parcel 23-21-29-0000-00-024 in the City of Maitland.
• The City of Maitland denied the church’s request to annex parcel 9 into the City of Maitland.
• Due to the County boundary going through the church’s property, thus creating two separate parcels and due the complexity of the situation, Seminole County staff recommended that the church submit a small site plan application. Once the small site plan was submitted (Project number: 24-06000075) and reviewed, it was determined that setback variances would be required.
• The proposed shed will be 390 square feet (44’ x 9’) and will encroach twenty-three and one-half (23½) feet into the required north rear yard setback and two and one-half (2½) feet into the required (east) side yard setback.
• The shed will be for the storage of domestic items related to the church use.
• The request is for a variance to Section 30.7.3.1 of the Seminole County Land Development Code, which states that the rear yard setback for this zoning district is thirty (30) feet, and the side yard setbacks are ten (10) feet.
• There have not been any prior variances for the subject property.
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:
• Both parcels are essentially one property being separated by the City and County boundary line; therefore, 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. Section 30.3.3.2(b)(1)
• The church was denied annexation into the City of Maitland; therefore, special conditions and circumstances did not result from the actions of the applicant. Section 30.3.3.2(b)(2)
• The reasonable use of the property as a church with a storage shed as an accessory use is a right asserted to all properties within the zoning district; therefore, the granting of the variance requested would not 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 unique circumstance of the City and County boundary line dividing a small portion of the property is affecting the church’s ability to construct a storage shed; 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 cause unnecessary and undue hardship on the applicant. Section 30.3.3.2(b)(4)
• This is the only location on the church property that the storage shed can be constructed without taking up existing parking; 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 Chapter 30 is to protect the public interest and preserve the natural characteristics of area. The construction of a storage shed on this parcel is in character with the surrounding area; therefore, the grant of the variance would 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 variances are 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. 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 shed as depicted on the attached site plan; and
2. The shed will be for the storage of domestic items related to the church use; and
3. Will be required to complete the approval of the small site plan approval (Project #: 24-06000075)
4. Any additional condition(s) deemed appropriate by the Board of Adjustment, based on information presented at the public hearing.