Title:
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2581 Byrd Avenue - Request for (1) a front yard setback from twenty-five (25) feet to four (4) feet for a fence and two (2) double driveway gates; and (2) a height variance from six and one half (6.5) feet to seven (7) feet for two (2) double architectural driveway gates in the R-1 (Single Family Dwelling) district; BV2025-043 (Claretha Hudson, Applicant) District 5 - Herr (Meggan Znorowski, 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 (407)665-7389
Contact/Phone Number:
Meggan Znorowski (407)665-7446
Motion/Recommendation:
1. Deny the request for (1) a front yard setback from twenty-five (25) feet to four (4) feet for a fence and two (2) double driveway gates; and (2) a height variance from six and one half (6.5) feet to seven (7) feet for two (2) double architectural driveway gates in the R-1 (Single Family Dwelling) district; or
2. Approve the request for (1) a front yard setback from twenty-five (25) feet to four (4) feet for a fence and two (2) double driveway gates; and (2) a height variance from six and one half (6.5) feet to seven (7) feet for two (2) double architectural driveway gates in the R-1 (Single Family Dwelling) district; or
3. Continue the request to a time and date certain.
Background:
• The subject property is located in the Stevens Addition to Midway subdivision.
• The proposed fence is six (6) feet tall open picket aluminum with at least fifty percent (50%) open space with two (2) complimentary double architectural driveway gates, which will match the fence height and then curve to a peak height of seven (7) feet above grade at maximum height.
• The proposed privacy fence is four and one half (4.5) feet from the sidewalk and eighteen (18) feet from the edge of pavement.
• Traffic Engineering has no objection to the placement of the fence as it relates to sight visibility.
• The request is for a variance to Section 30.7.3.1 of the Seminole County Land Development Code, which states that the front yard setback for this zoning district is twenty-five (25) feet.
• The request is for a variance to Section 30.14.19 of the Seminole County Land Development Code, which states that fences and walls located within residential zoning classifications are limited to a maximum height of four (4) feet within the front yard.
• There have not been any prior variances for the subject property.
• The subject property is located within Midway Target Area.
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 granting 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.
The general intent of the Land Development Code is to maintain consistent setbacks; therefore, the granting 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 fence and two (2) double driveway gates 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.