Title:
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5541 Howell Branch Road - Request for a front yard setback variance from one- hundred (100) feet to ninety (90) feet for a garage in the A-1 (Agriculture) district; BV2026-66 (Richard Clemons, Applicant) District 1 - Dallari (Kathy Hammel, Project Manager)
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Department/Division:
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Development Services - Planning and Development
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Contact/Phone Number:
Kathy Hammel/(407)665-7389
Motion/Recommendation:
1. Deny the request for a front yard setback variance from one- hundred (100) feet to ninety (90) feet for a garage in the A-1 (Agriculture) district); or
2. Approve the request for a front yard setback variance from one- hundred (100) feet to ninety (90) feet for a garage in the A-1 (Agriculture) district; or
3. Continue the request to a time and date certain.
Background:
• The applicant is proposing to construct a 1440 (30’ x 48’) square foot garage with storage.
• The A-1 (Agriculture) zoning allows an accessory structure to project in the front of the existing home if it is more than one-hundread (100’) feet from the front property line. The applicant is proposing for the structure to be ninety (90’) from the front property line.
• There have not been any prior variances for the subject property.
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 garage 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.