Title:
title
684 Tomlinson Terrace - Request for a side street (southeast) setback variance from twenty (20) feet to two and one half (2 ½) feet for a fence in the PD (Planned Development) district; BV2025-021 (Omer Naseem, Applicant) District 4 - Lockhart (Meggan Znorowski, Project Manager)
end
Department/Division:
division
Development Services - Planning and Development
body
Authorized By:
Kathy Hammel
Contact/Phone Number:
Meggan Znorowski (407)665-7446
Motion/Recommendation:
1. Deny the request for a side street (southeast) setback variance from twenty (20) feet to two and one half (2 ½) feet for a fence in the PD (Planned Development) district or
2. Approve the request for a side street (southeast) setback variance from twenty (20) feet to two and one half (2 ½) feet for a fence in the PD (Planned Development) district; or
3. Continue the request to a time and date certain.
Background:
• The subject property is located in the Lakewood at the Crossings Unit 4 subdivision and is within the Greenwood Lakes Planned Development (PD).
• The subject property is a corner lot and, as such, considered to have two (2) front yards for setback purposes. The front of the house faces Tomlinson Street. The Starstone Drive side is where the variance is being sought.
• The existing privacy fence, which is not subject to code enforcement action encroaches into a utility easement and at building permitting will be required to meet the criteria for placement with an estoppel letter.
• The existing privacy fence is four and one half (4.5) feet from the sidewalk and thirteen and one half (13.5) 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 30.14.19(b) of the Seminole County Land Development Code, which states that 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 except as provided in (f) of this Section. In the case of corner lots, the lot shall be considered to have a front yard or yards on any side or sides abutting a road right-of way.
• The request is for a variance to Section 30.14.19(f)(2) of the Seminole County Land Development Code, which states that on corner lots in residentially zoned properties, the secondary front yard or side street setback may be reduced to five (5) feet provided the visual clearance requirements can be met and with approval by the Seminole County Traffic Engineering Division.
• The request is for a variance to Section 30.8.5.11 of the Seminole County Land Development Code for Development Standards for Planned Developments.
• 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 setbacks; therefore, special conditions and circumstances resulted from the actions of the applicant. Section 30.3.3.2(b)(2)
• The general intent of the Land Development Code is to maintain consistent setbacks; therefore, the granting of the variance requested would confer on the applicant special privileges that are denied by Chapter 30 to other lands, buildings, or structures in the same zoning classification. Section 30.3.3.2(b)(3)
• The general intent of the Land Development Code is to maintain consistent setbacks; 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)
• The general intent of the Land Development Code is to maintain consistent setbacks; therefore, the variance requested is not the minimum variance that will make possible the reasonable use of the land, building, or structure. Section 30.3.3.2(b)(5)
• 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 existing fence six (6) feet tall privacy 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.