Title:
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226 Flamingo Drive - Request for: (1) a size variance from fifty (50) percent to 108.5 percent of the living area of the principal building; and (2) a height variance from twelve (12) feet to sixteen (16) feet for a detached garage in the R-1 (Single Family Dwelling) district; BV2026-033 (Justen Borrero, 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 size variance from fifty (50) percent to 108.5 percent of the living area of the principal building; and (2) a height variance from twelve (12) feet to sixteen (16) feet for a detached garage in the R-1 (Single Family Dwelling) district; or
2. Approve the request for: (1) a size variance from fifty (50) percent to 108.5 percent of the living area of the principal building; and (2) a height variance from twelve (12) feet to sixteen (16) feet for a detached garage 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 Sunland Estates subdivision.
• The principal building is 1,844 square feet and twelve (12) feet in height.
• The request is to construct a 2,000 square foot, sixteen (16) foot tall, detached garage that exceeds the accessory structure size requirement by 1,078 square feet and the height requirement by four (4) feet.
• Three (3) letters of support have been received from adjacent property owners and residents.
• The request is for a variance to Section 30.6.1.2(e) of the Seminole County Land Development Code, which states that 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.
• 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 proposed detached garage would exceed the size of all other accessory structures in the subdivision; 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)
• A large detached garage up to 922 square feet and twelve (12) feet in height, which exceeds the standard size garage commonly found in the R-1 zoning district, would be permitted without the necessity of a variance; 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 Land Development Code permits an accessory structure of large size, but this request exceeds reasonable expectations within a residential community; 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 accessory structure regulations; 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 detached garage (2,000 square feet) 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.