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File #: 2023-481   
Category: Variances Status: Passed
File created: 4/21/2023 Type: Board of Adjustment
On agenda: 5/22/2023 Final action: 5/22/2023
Title: 3153 Cecelia Drive - Request for a rear yard setback variance from thirty (30) feet to twenty three (23) feet for a swimming pool in the R-1AA (Single Family Dwelling) district; BV2023-033 (Jonathan & Eva Albert, Applicants) District 3 - Constantine (Hilary Padin, Project Manager)
Attachments: 1. Site Plan, 2. Zoning Map, 3. Property record card, 4. Letters of support, 5. Denial Development Order, 6. Approval Development Order

Title:

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3153 Cecelia Drive - Request for a rear yard setback variance from thirty (30) feet to twenty three (23) feet for a swimming pool in the R-1AA (Single Family Dwelling) district; BV2023-033 (Jonathan & Eva Albert, Applicants) District 3 - Constantine (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 a rear yard setback variance from thirty (30) feet to twenty three (23) feet for a swimming pool in the R-1AA (Single Family Dwelling) district; or

2.                     Approve the request for a rear yard setback variance from thirty (30) feet to twenty three (23) feet for a swimming pool in the R-1AA (Single Family Dwelling) district; or

3.                     Continue the request to a time and date certain.

Background:

                     The subject property is located in the Paradise Point subdivision.

                     The request is to construct a twelve (12) foot by seventy-eight (78) foot swimming pool seven (7) feet into the rear yard setback.

                     Two (2) letters of support have been received from the adjacent neighbors.

                     The request is for a variance to Section 30.1345.1(a) of the Land Development Code of Seminole County, which states that the water’s edge of a pool shall be a minimum of thirty (30) feet from the normal high water line of a natural water body.

                     There have not been prior variances for the subject property.

Staff Findings:

The applicant has not satisfied all six (6) criteria under Section 30.43(b)(3) of the Seminole County Land Development Code for granting a variance as listed below:

a.                     That special conditions or circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or building in the same zoning district; and

b.                     That the special conditions and circumstances do not result from the actions of the applicant; and

c.                     That the granting of the variance requested will not confer on the applicant special privileges that are denied by Chapter 30 to other lands, buildings, or structures in the same zoning district; and

d.                     That the literal interpretation of the provisions of Chapter 30 will deprive the applicant of rights commonly enjoyed by other properties in the same zoning classification; and

e.                     That the variance requested is the minimum variance that will make possible reasonable use of the land, building or structure; and

f.                     That the grant of the variance would be in harmony with the general intent of Chapter 30.

Staff finds that the following variance criteria has not been satisfied:

The general intent of the Land Development Code is to maintain consistent setbacks; therefore, the grant of the variance would not be in harmony with the general intent of Chapter 30. Section 30.43(b)(3)(f)

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 30.43(b)(3) 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 swimming pool (12’ x 78’) 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.