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331 Lake Mills Road- Request for an area variance from the allowed 1,081.5 square feet to 1,800 square feet for detached accessory structure in the R-1 (Single Family Dwelling) district; BV2025-041 (Matt Perkins, Applicant) District 1 - Dallari (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 an area variance from the allowed 1,081.5 square feet to 1,800 square feet for detached accessory structure in the R-1 (Single Family Dwelling) district; or
2. Approve the request for an area variance from the allowed 1,081.5 square feet to 1,800 square feet for detached accessory structure 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 Revised Map of Chuluota subdivision and is zoned R-1 (Single-Family Residential) district.
• 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. The proposed structure is twelve (12) feet in height.
• The request is for a variance to Section 30.6.1.2.(e) Accessory buildings and uses in residential areas of the Seminole County Land Development Code (LDC), which states that accessory structures shall not exceed the principal building in terms of mass, size and height… Each detached accessory structure or building shall not exceed fifty (50) percent of the living area of the principal building…
• The existing principal building (single family residence) has 2,161 square feet of living space. The accessory structure is permitted to have 1,080.5 square feet per Sec. 30.6.1.2.(e). The proposed accessory structure is 1,800 square feet, 720 square feet larger than what is permitted by the LDC.
• 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 interpretations of the provisions of Chapter 30; therefore, the literal interpretation of the provisions of Chapter 30 would not deprive the applicant of rights commonly enjoyed by other properties in the same zoning classification and would not work unnecessary and undue hardship on the applicant. Section 30.3.3.2(b)(4)
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 30’ x 60’ accessory structure 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.