Title:
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1540 Hobson Street - Request for: (1) a side yard (west) setback variance from ten (10) feet to six (6) feet for an existing detached garage; and (2) a side yard (west) setback variance from ten (10) feet to six (6) feet for an existing detached carport; and (3) a side yard (north) setback variance from ten (10) feet to one (1) foot for an existing detached carport in the R-1AA (Single Family Dwelling) district; BV2025-017 (Shad Smith, 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 side yard (west) setback variance from ten (10) feet to six (6) feet for an existing detached garage; and (2) a side yard (west) setback variance from ten (10) feet to six (6) feet for an existing detached carport; and (3) a side yard (north) setback variance from ten (10) feet to one (1) foot for an existing detached carport in the R-1AA (Single Family Dwelling) district; or
2. Approve the request for: (1) a side yard (west) setback variance from ten (10) feet to six (6) feet for an existing detached garage; and (2) a side yard (west) setback variance from ten (10) feet to six (6) feet for an existing detached carport; and (3) a side yard (north) setback variance from ten (10) feet to one (1) foot for an existing detached carport in the R-1AA (Single Family Dwelling) district; or
3. Continue the request to a time and date certain.
Background:
• The subject property is in the Sanlando Springs subdivision.
• The property is a corner lot and is considered to have to front yards and two side yards for setback purposes.
• The existing 981.72 square foot detached garage encroached four (4) feet into the required west side yard setback. The existing 365.5 square foot detached carport encroaches four (4) feet into the required west side yard setback and nine (9) feet into the required north side yard setback.
• In 1985, the owner of the property at the time hired a contractor to pull the required building permits and construct the detached garage. For unknown reasons, the required inspections were never completed and the permit expired. No permits were located for the detached carport; however, if the carport is older than 1985, staff would not be able to locate permit records. It is unknown if the carport structure ever received a building permit.
• The current property owner would like to bring the existing structures into compliance with the Seminole County Land Development Code in order to covert a portion of the detached garage into an accessory dwelling unit (ADU) for an elderly family member.
• Under the current Seminole County Land Development Code, ADUs are a permitted use within the R-1AA zoning district. Converting a portion of the garage into an ADU in the future will require a building permit, site plan approval, and approval of all required building inspections.
• The request is for a variance to Section 30.7.3.1 of the Seminole County Land Development Code, which states that the side yard setback for this zoning district is ten (10) feet.
• In 1984 a front yard setback variance was approved from twenty-five (25) feet to seventeen (17) feet for a porch.
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 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 detached garage and detached carport 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.