Title:
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113 Oak Street - Request for: (1) a rear yard setback variance from thirty (30) feet to ten (10) feet; and (2) a detached accessory structure size variance from 500 square feet to 731 square feet in the R-1A (Single Family Dwelling) district; BV2025-072 (Jose Casteneda, Applicant) 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. Deny the request for a (1) a rear yard setback variance from thirty (30) feet to ten (10) feet; and (2) a detached accessory structure size variance from 500 square feet to 731 square feet in the R-1A (Single Family Dwelling) district; or
2. Approve the request for (1) a rear yard setback variance from thirty (30) feet to ten (10) feet; and (2) a detached accessory structure size variance from 500 square feet to 731 square feet in the R-1A (Single Family Dwelling) district or;
3. Continue the request to a time and date certain.
Background:
• The subject property is located in the Sanlando Estates subdivision and is zoned R-1A (Single-Family Dwelling) district.
• The detached accessory structure encroaches twenty (20) feet +/- into the rear yard setback.
• The detached accessory structure is 24.2 x 30.2, and approximately 731 square feet. The living area of the home is 1,000 square feet and any accessory structure should not exceed 500 square feet. The accessory structure exceeds that allowance by approximately 231 square feet.
• A Code Enforcement violation (23-270) was issued for this structure, resulting in the necessity of this variance.
• Section 30.7.3.1(1) of the Seminole County Land Development Code requires any accessory building exceeding 200 square feet in size and/or twelve (12) feet in height, and any accessory dwelling unit, regardless of size, to meet all of the setback requirements applicable to the main residential structure located on the parcel.
• 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 rear yard setback for this zoning district is thirty (30) feet. The variance request is for ten (10) feet.
• 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 finds that the following variance criteria have not been satisfied:
Permitting an accessory structure to exceed fifty (50) percent of the living area of the principal dwelling is not 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 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(s) granted will apply only to the 24.2 x 30.2 accessory structure as depicted on the attached site plan; and
2. Any additional conditions deemed appropriate by the Board of Adjustment, based on information presented at the public hearing.