Title:
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Board of Adjustment Appeal - Appeal of the Board of Adjustment decision to deny the request for: (1) a side yard (west) setback variance from ten (10) feet to two and one-half (2½) feet; and (2) a rear yard setback variance from thirty (30) feet to three (3) feet for an existing shed in the R-1AA (Single Family Dwelling) district, and more particularly known as 149 Academy Oaks Place; (Julius John, Applicant) District3 - Constantine (Angi Gates, Project Manager)
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Division:
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Development Services - Planning and Development
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Authorized By:
Rebecca Hammock
Contact/Phone Number:
Angi Gates/407-665-7465
Motion/Recommendation:
1. Uphold the Board of Adjustment decision to deny the request for: (1) a side yard (west) setback variance from ten (10) feet to two and one-half (2½) feet; and (2) a rear yard setback variance from thirty (30) feet to three (3) feet for an existing shed in the R-1AA (Single Family Dwelling) district; or
2. Overturn the Board of Adjustment decision to approve the request for: (1) a side yard (west) setback variance from ten (10) feet to two and one-half (2½) feet; and (2) a rear yard setback variance from thirty (30) feet to three (3) feet for an existing shed in the R-1AA (Single Family Dwelling) district; or
3. Continue the request to a time and date certain.
Background:
On August 28, 2023, the Board of Adjustment denied a variance request for: (1) a side yard (west) setback variance from ten (10) feet to two and one-half (2½) feet; and (2) a rear yard setback variance from thirty (30) feet to three (3) feet for an existing shed in the R-1AA (Single Family Dwelling) district with conditions as set forth in the Denial Development Order attached hereto as Exhibit A.
The existing shed was not permitted and received a code violation for construction without a permit. During the permitting process, the need for variances was identified.
On September 11, 2023, John Julius, Appellant, filed a Notice of Appeal of the Board of Adjustment Decision (see Exhibit B).
Staff Recommendation:
Based on the information, findings, and conclusions included and referenced in the Agenda Memorandum prepared in association with the original action taken by the Board of Adjustment at its meeting on August 28, 2023 (attached hereto as Exhibit D), and the testimony presented at the aforementioned meeting (the minutes of which are attached hereto as Exhibit C), staff recommends the Board of County Commissioners uphold the decision of the Board of Adjustment to deny the request for: (1) a side yard (west) setback variance from ten (10) feet to two and one-half (2½) feet; and (2) a rear yard setback variance from thirty (30) feet to three (3) feet for a shed in the R-1AA (Single Family Dwelling) district.