Title:
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226 3rd Street - Request for: (1) a front yard setback variance from twenty-five (25) feet to zero (0) feet; and (2) a side street (south) setback variance from five (5) feet to zero (0) feet for a privacy fence in the R-1 (Single Family Dwelling) district; BV2024-085 (Vanessa Falero, 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. Deny the request for: (1) a front yard setback variance from twenty-five (25) feet to zero (0) feet; and (2) a side street (south) setback variance from five (5) feet to zero (0) feet for a privacy fence in the R-1 (Single Family Dwelling) district; or
2. Approve the request for: (1) a front yard setback variance from twenty-five (25) feet to zero (0) feet; and (2) a side street (south) setback variance from five (5) feet to zero (0) feet for a privacy fence 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 Whitcombs 1st and 2nd Addition to Geneva subdivision.
• 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 3rd Street. The W. State Road 46 side is the side street. Variances are being sought on both sides.
• The request is to construct a six (6) foot privacy fence entirely within the front and side street setbacks.
• The proposed privacy fence would be approximately thirty (30) feet from the edge of pavement on the 3rd Street side and forty (40) feet from the edge of the pavement on the W. State Road 46 side and without sidewalks to encroach upon on either side.
• 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 30.7.3.1 of the Seminole County Land Development Code, which states that the front yard setback for this zoning district is twenty-five (25) feet.
• 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.
• There have not been 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 has 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 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.