Title:
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Jayce Court (Lot 25) - Request for: (1) a lot size variance from one (1) acre to .29 acre; and (2) a width at the building line variance from 150 feet to 103 feet for a single-family home in the A-1 (Agriculture) district; BV2025-132 (Austin Failor, Applicant) District 2 - Zembower (Kathy Hammel, 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:
Kathy Hammel/407-665-7389
Motion/Recommendation:
1. Deny the request for: (1) a lot size variance from one (1) acre to .29 acre; and (2) a width at the building line variance from 150 feet to 103 feet for a single-family home in the A-1 (Agriculture) district); or
2. Approve the request for: (1) a lot size variance from one (1) acre to .29 acre; and (2) a width at the building line variance from 150 feet to 103 feet for a single-family home in the A-1 (Agriculture) district or
3. Continue the request to a time and date certain.
Background:
• The subject property is in the Lake Harney Ranch Estates subdivision, which is an unrecorded plat in the Rural Area and with a A-1 (Agriculture) zoning.
• The subject parcel pre-dated the subdivision requirements of Seminole County and is considered a legal parcel of record. However, since the parcel had common ownership with adjacent nonconforming lots, they must be combined to come into compliance with the A-1 zoning district, per Policy FLU 5.7.2 pf the Seminole County Comprehensive Plan.
• The applicant owned the three (3) lots and constructed a house on two (2) lots and sold the third (3) in which he is now requesting variances to build a single family home.
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 has not been satisfied:
The applicant split the lot creating a non-conforming lots therefore the special conditions and circumstances resulted from the actions of the applicant. Section 30.3.3.2(b)(2)
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 parcel’s lot size and width 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.