Title:
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625 Lake Mobile Drive - Request for: (1) a fence height variance from four (4) feet to six (6) feet within the front yard setback; and (2) a rear yard setback variance from thirty (30) feet to zero (0) feet to the Normal High Water Elevation for a fence in the R-1 (Single Family Dwelling) district; BV2026-013 (Azaad Ali, Applicant) District 4 - Lockhart (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. Deny the request for: (1) a fence height variance from four (4) feet to six (6) feet within the front yard setback; and (2) a rear yard setback variance from thirty (30) feet to zero (0) feet to the Normal High Water Elevation in the R-1 (Single Family Dwelling) district; or
2. Approve the request for: (1) a fence height variance from four (4) feet to six (6) feet within the front yard setback; and (2) a rear yard setback variance from thirty (30) feet to zero (0) feet to the Normal High Water Elevation 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 Lake Mobile Shores Replat subdivision.
• The proposed six (6) foot privacy fence will exceed the maximum height within the front yard setback two (2) feet, and with encroach thirty (30) feet into the required rear yard setback from the Normal High Water Elevation.
• The privacy fence will be thirteen (13) feet from the edge of pavement and there are no sidewalks in place at this time.
• 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 30.14.19 of the Seminole County Land Development Code, states:
(b) Residential zoning classifications: fences and walls are limited to a maximum height of four (4) feet within the front yard and side street setbacks and six (6) feet six (6) inches within the side and rear yard setbacks; and
(f) Setback distance requirements will be as follows:
(4) Any fence, wall, hedge, planting (except plants defined as shoreline vegetation in FAC 62-340-450), or other obstruction adjacent to a natural water body is limited to a maximum height of four (4) feet. Any fence or wall greater than four (4) feet must be located a minimum distance of thirty (30) feet from the normal high water elevation of a natural water body. Building permit applications for fences or walls adjacent to a natural water body must include a certified survey no less than five (5) years old indicating the Normal High Water Elevation.
• 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:
The general intent of the Land Development Code is to maintain consistent height and 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 granted will apply only to the fence 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.