Title:
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317 South Street - Request for a northeast side yard setback variance from ten (10) feet to zero (0) feet for a boat ramp in the R-1A (Single Family Dwelling) district; BV2025-113 (James Allen, Applicant) District 4 - Lockhart (Angi Gates, 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:
Angi Gates 407-665-7465
Motion/Recommendation:
1. Deny the request for a northeast side yard setback variance from ten (10) feet to zero (0) feet for a boat ramp in the R-1A (Single Family Dwelling) district; or
2. Approve the request for a northeast side yard setback variance from ten (10) feet to zero (0) feet for a boat ramp in the R-1A (Single Family Dwelling) district; or
3. Continue the request to a time and date certain.
Background:
• The subject property is located in the Prairie Lake Park subdivision.
• The proposed boat ramp is 12’ x 50’ and will encroach ten (10) feet into the required side yard setback.
• A letter of support and consent to the construction of the boat ramp at zero (0) feet from the property line was received from the adjacent property owner located at 401 Prairie Lake Drive.
• The request is for a variance to Chapter 70 Dredging and Filling Section 70.10 of the Seminole County Land Development Code, which states that the side yard setback for this section of the Seminole County Land Development Code is ten (10) feet.
• The request is for a variance to Section 70.10(i) of the Seminole County Land Development Code, which states that:
All boat docks, boat houses, gazebos, fishing docks, boardwalks, and related structures must have a minimum deck elevation of one (1) foot above the NHWE. Subject to any further constraints imposed by the site, the structure must not project, when measured perpendicularly to a canal or waterbody, more than twenty-five (25) percent into the navigable width of the canal or waterbody, as determined by the Department, nor at any time pose a hazard in navigable waters as determined by the Department. These structures and boat ramps must not be placed within ten (10) feet of a property line.
• 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 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 boat ramp 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.