Title:
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3571 N. CR 426 - Request for: (1) a south side yard setback variance from fifty (50) feet to ten (10) feet; and (2) a front yard setback variance from 100’ to fifty (50) feet for a storage and produce stand in the A-5 (Rural Zoning Classification) district; BV2025-133 (Juana Olazabal, Applicant) District 2 - Zembower (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: (1) a south side yard setback variance from fifty (50) feet to ten (10) feet; and (2) a front yard setback variance from 100’ to fifty (50) feet for a storage and produce stand in the A-5 (Rural Zoning Classification) district; or
2. Approve the request for: (1) a south side yard setback variance from fifty (50) feet to ten (10) feet; and (2) a front yard setback variance from 100’ to fifty (50) feet for a storage and produce stand in the A-5 (Rural Zoning Classification) district; or
3. Continue the request to a time and date certain.
Background:
• The proposed storage and produce stand will be 2,275 square feet (35’ x 65’) and will encroach forty (40) feet into the required south side yard setback, and the front yard setback
• The request is for a variance to Section 30.7.3 of the Seminole County Land Development Code, which states that the side yard setback for structures accessory to the residence for this zoning district is ten (10) feet.
• The request is for a variance to Section 30.7.3 of the Seminole County Land Development Code, which states:
(2) Setback shall be equal to or greater than the main residence unless setback is equal to or greater than 100 feet.
(3) Barns and structures for livestock and structures for agricultural use shall have a minimum fifty (50) foot front, side and rear yard setbacks and be distanced a minimum of 100 feet from any residential structure on an adjacent lot or parcel.
• On December 2, 2024, the following variances were approved:
(1) a side yard (north) setback variance from ten (10) feet to eight (8) feet for a shed; and
(2) a side yard (north) setback variance from fifty (50) feet to twenty-six and one-half (26½) feet for a carport; and
(3) a side street (south) setback variance from fifty (50) feet to twenty-two (22) feet; and
(4) a front yard setback variance from (100) feet to forty-seven and one-half (47½) feet for a gazebo.
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 storage and produce stand 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.