Title:
title
601 Lake Shore Drive - Request for a variance from Section 30.7.2.4(a), Seminole County Land Development Code, to allow a swimming pool to be placed in a front yard and project eight (8) feet in front of the principal residence in a R-1AA (Single-Family Dwelling) district; BV2025-115 (Robert Taylor, Applicant); District3 - Constantine (Kathy Hammel, Project Manager).
end
Department/Division:
division
Development Services - Planning and Development
body
Authorized By:
Kathy Hammel
Contact/Phone Number:
Kathy Hammel/407-665-7389
Motion/Recommendation:
1. Approve the request for a variance to allow a swimming pool to be placed in a front yard and project eight (8) feet in front of the principal residence in a R-1AA (Single-Family Dwelling) district; or
2. Deny the request for a variance to allow a swimming pool to be placed in a front yard and project eight (8) feet in front of the principal residence in a R-1AA (Single-Family Dwelling) district; or
3. Continue the request to a time and date certain
Background:
• The subject property is located in the Oakland Shores subdivision and is zoned R-1AA (Single-Family Dwelling) district.
• 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 Lake Shore Drive, and the side street is Magnolia Drive. The proposed pool complies with the front yard setbacks but extends eight (8) feet in front of the principal dwelling. The variance being sought is two-fold, to allow for the pool to exist in a front yard and to extend beyond the principal structure.
• The proposed swimming pool is 554 square feet.
• A building permit (25-00008630) was issued June 2025 for construction of a swimming pool. As the construction commenced on the swimming pool, staff identified that the pool’s location extended beyond the principal building line along Magnolia Drive. Because the lot is a corner lot, both the Lake Shore Drive and Magnolia Drive frontages are treated as front yards, triggering the need for a variance.
• The proposed swimming pool is in the side yard, adjacent to Magnolia Drive. The existing single-family dwelling was built in 1956 and situated on the far west side of the lot, leaving limited area in the rear yard for a swimming pool. The only feasible location for a pool meeting safety and construction standards is within the Magnolia Drive yard.
This request is for a variance to Section 30.7.2.4 of the Seminole County Land Development Code, which prohibits swimming pools from being located in a front yard and closer to the front lot line than the principal structure. This variance is to allow for the pool to be located in a front yard and to extend eight (8) feet beyond the front of the residence.
Staff Findings:
The applicant has satisfied all (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 granting 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 been satisfied:
The property’s corner lot configuration creates dual front yard setbacks according to the LDC, leaving no conforming rear yard area for a pool. The residence structure placement on the far western corner of the lot further limits the use of the area. As such, the only available area on the property to place a pool is in the “front yard” on Magnolia Street. It would be impossible to place a pool in the rear yard or side yard of this property. Therefore, special conditions and circumstances exist that are unique to the property and residence and are not applicable to other land and structures within the R-1AA district. Section 30.3.3.2(b)(1), LDC.
The current owners, Robert and Melissa Taylor, purchased the subject property in March 2005. The residence was constructed on the property in 1956, therefore the location of the existing residence structure was in its current location at the time the property was purchased. The applicant did not create special circumstances on the subject property, as the residence existed in its current location without a rear yard at the time the property was purchased. Section 30.3.3.2(b)(2), LDC.
Granting the requested variance will not confer on the applicants any special privilege that is denied to other properties and buildings within the zoning district. Swimming pools are customary accessory structures in residential districts and permitted where setback standards can be met, particularly in Florida where residents are subject to extreme heat for a number of months in the year. If the variance is granted, it would only allow the applicants the same reasonable use available to other homes in Seminole County, and will not be getting a special privilege. Without this variance, a swimming pool could not be constructed on the property. Section 30.3.3.2(b)(3), LDC.
If the variance is denied it would deprive the applicants of a reasonable accessory use commonly enjoyed by other properties and would result in undue hardship not related to public benefit. The applicants would be unable to have a swimming pool and would be left with a partially constructed pool on their property posing safety issues for the residence and the surrounding neighborhood. As provided in the background information, a permit was approved for the pool and construction commenced, however was halted due to the need for a variance. Given the foregoing, denial of the variance would deprive the applicants of rights commonly enjoyed by other properties and will result in unnecessary and undue hardship on the applicants. Section 30.3.3.2(b)(4), LDC.
The proposed location of the pool in the front yard of the property is the minimum encroachment that would allow for the applicants to have a pool, while maintaining visibility and safety standards along Magnolia Drive. The placement of the house and driveway on the site makes construction of a pool in the backyard impossible. Further, the location of the driveway pushes the pool toward the front of the house and results in the pool protruding past the residence. The variance requested is the minimum variance needed to construct a functioning pool on the property. Section 30.3.3.2(b)(5), LDC.
The general intent and purpose of Chapter 30 is “to provide adequate light, air, privacy, and access to property, the size of open spaces surrounding buildings, to establish building lines, to divide the area of the County into districts restricting and regulating therein the construction, reconstruction, alteration, and use of buildings, structures, and land for residential, commercial”. Pools are standard accessory structures in residential areas. In fact, four of the five properties surrounding the subject property have pools. Placement of the pool in this location will not affect the surrounding neighbors light, air or privacy as the pool will be more than seventy-five (75) feet from any adjacent residence, except the residence to the north where the pool will be approximately thirty-five (35) feet from the adjacent residence. Given the foregoing, the requested variance will not be injurious of the neighborhood or otherwise detrimental to the public welfare.
Staff Conclusion:
Based upon the foregoing findings, staff concludes that the requested variance satisfies the criteria established in Section 30.3.3.2(b) and represents the minimum necessary relief to permit reasonable use of the property.
Staff Recommendation:
Based on the stated findings, staff recommends approval of the request and determined 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 554 square foot swimming pool 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.