Title:
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1200 Enderby Court - Request for a side street setback variance from fifty (50) feet to thirty (30) feet for a barn in the A-1 (Agricultural) District; BV2026-005 (Thomas Marino, Applicant) District 1 - Dallari (Jealyan Moreno, 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:
Jealyan Moreno/407-665-7387
Motion/Recommendation:
1. Deny the request for a side street setback variance from fifty (50) feet to thirty (30) feet for a barn in the A-1 (Agricultural) District; or
2. Approve the request for a side street setback variance from fifty (50) feet to thirty (30) feet for a barn in the A-1 (Agricultural) District; or
3. Continue the request to a time and date certain.
Background:
• The subject property is located in the Chula Vista Sec 2 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 Enderby Court. The Snow Queen Drive side is where the variance is being sought.
• The proposed structure to be constructed is going to be 2,600 square feet.
• The applicant applied for the appropriate building permit (25-18034), and at that time, it was determined that a setback and size variance would be required.
• A letter of support has been received from the adjacent neighbors.
• Section 30.6.1.2(e) of the Seminole County Land Development Code states:
Accessory buildings shall not exceed the principal building in terms of mass, size, and height unless located in the A-1 zoning District and used for agricultural purposes such as a livestock barn or stable. Each detached accessory structure or building shall not exceed fifty (50) percent of the living area of the principal building. This provision does not apply to accessory structures within the A-3, A-5, and A-10 zoning districts. A screened pool structure’s height may exceed the height of the principal structure, but no taller than permitted by the applicable zoning district.
• The request is for a variance to Section 30.7.3.1 of the Seminole County Land Development Code, which states that the side street setback for this zoning district is fifty (50) feet.
• There was a prior variance approved on August 26, 2002, for lot size from 43,560 square feet to 41,700 square feet.
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 proposed structure can be reduced in size; 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)
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 barn 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.