Title:
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1398 Swinton Court- Request for a rear yard setback variance twenty (20) feet to ten (10) feet for a screen enclosure in the Planned Development (PD) district; BV2025-033 (Saurabh Pachauri, Applicant) District 5 - Herr (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. Deny the request for a rear yard setback variance twenty (20) feet to ten (10) feet for a screen enclosure in the Planned Development (PD) district; or
2. Approve the request for a rear yard setback variance twenty (20) feet to ten (10) feet for a screen enclosure in the Planned Development (PD) district; or
3. Continue the request to a time and date certain.
Background:
• The subject property is located in the Estuary at St. Johns subdivision and is within the Estuary at St. Johns Planned Development (PD).
• The variance is being sought to construct a 30’ x 32’ (960 sq. ft.) screen enclosure. A building permit application (BP25-1960) was submitted and pending approval if the variance is approved.
• A letter of support has been received from a resident that resides at 1386 Swinton Ct.
• The request is for a variance to Section 30.8.5.11 of the Seminole County Land Development Code for Development Standards for Planned Developments. The Estuary at St. Johns Development Order states that single-family homes will maintain a rear yard setback of twenty (20) feet.
• There have not been any prior variances for the subject property. Two rear yard variances have been approved on Swinton Ct. for a screen enclosure addition and the other for a privacy fence.
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 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 30’ x 32’ screen enclosure 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.