Title:
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Lot 5, Pine Street - Request for: (1) a front yard setback variance from fifty (50) feet to twenty-five (25) feet; (2) a side yard (east) setback variance from ten (10) feet to five (5) feet ten (10) inches; (3) a side yard (west) setback variance from ten (10) feet to five (5) feet ten (10) inches; and (4) a rear yard setback variance from thirty (30) feet to twenty-five (25) feet for a single family dwelling in the A-1 (Agriculture) district; BV2024-107 (Ben Luker, Applicant) District 2 - Zembower (Hilary Padin, 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:
Hilary Padin - (407) 665-7331
Motion/Recommendation:
1. Approve the request for: (1) a front yard setback variance from fifty (50) feet to twenty-five (25) feet; (2) a side yard (east) setback variance from ten (10) feet to five (5) feet ten (10) inches; (3) a side yard (west) setback variance from ten (10) feet to five (5) feet ten (10) inches; and (4) a rear yard setback variance from thirty (30) feet to twenty-five (25) feet for a single family dwelling in the A-1 (Agriculture) district; or
2. Deny the request for: (1) a front yard setback variance from fifty (50) feet to twenty-five (25) feet; (2) a side yard (east) setback variance from ten (10) feet to five (5) feet ten (10) inches; (3) a side yard (west) setback variance from ten (10) feet to five (5) feet ten (10) inches; and (4) a rear yard setback variance from thirty (30) feet to twenty-five (25) feet for a single family dwelling in the A-1 (Agriculture) district; or
3. Continue the request to a time and date certain.
Background:
• The subject property is located in the Cassa-Villa Heights subdivision, which was platted in 1957.
• In 1960 the A-1 zoning district was established with a lot area requirement of 10,000 square feet and the lot width requirement of 100 feet. This rendered lots within the Cassa-Villa Heights plat non-conforming to the A-1 zoning criteria.
• Today’s requirements for the A-1 zooning district are 43,560 square feet and 150 feet for the lot width.
• The majority of the lots located within the Cassa-Villa Heights subdivision are the same size as this lot, 8,250 square feet.
• The request is to construct a 2,551 square foot single family dwelling encroaching into all four (4) setbacks. It would encroach twenty-five (25) feet into the front yard setback, four (4) feet two (2) inches into each side yard setback, and five (5) feet into the rear yard setback.
• The request is for a variance to Section 30.7.3.1 of the Seminole County Land Development Code, which states that the front yard setback for this zoning district is fifty (50) feet, side yard setback is ten (10) feet and rear yard setback is thirty (30) feet.
• On October 22, 1990, the Board of Adjustment granted a lot size variance from 43,560 square feet to 8,250 square feet and a width at building line variance from 150 feet to seventy-five (75) feet for the subject property.
Staff Findings:
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 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 has been satisfied:
• The Cassa-Villa Heights subdivision was platted in 1957 prior to the adoption of the A-1 zoning district regulations, which rendered all the lots within the plat non-conforming. This lot was a lot of record when the subdivision regulations were adopted in 1970; therefore, special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are applicable to other lands, structures, or buildings in the same zoning classification. Section 30.3.3.2(b)(1)
• This subdivision was platted prior to the adoption of the zoning regulations, which rendered each lot non-conforming; therefore, special conditions and circumstances did not result from the actions of the applicant. Section 30.3.3.2(b)(2)
• The proposed single-family home will be similar to other homes built in the area on similar size lots and positioned appropriately on the lot consistent with the trend of development within this subdivision; therefore, the granting of the variance requested would not 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 literal interpretation of the Code would deny the property owner the ability to construct a home on a lot platted prior to our zoning regulations; therefore, 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. Section 30.3.3.2(b)(4)
• The lot size of 8,250 square feet is most comparable with the R-1B zoning district, which requires similar setbacks as what is being requested; therefore, the variance requested is the minimum variance that will make possible the reasonable use of the land, building, or structure. Section 30.3.3.2(b)(5)
• This development proposal fits the character and development pattern of the neighborhood; therefore, the grant of the variance will be in harmony with the general intent and purpose of Chapter 30, would not be injurious to the neighborhood, or otherwise detrimental to the public welfare. Section 30.3.3.2(b)(6)
Staff Conclusion:
Based upon the foregoing findings, the requested variance is in the public interest and failure to grant the variance would result in an unnecessary and undue hardship.
Staff Recommendation:
Based on the stated findings, staff recommends approval of the request, and 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 single-family dwelling (63’4” x 60’) 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.