Title:
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4572 Old Carriage Trail - Request for a rear yard setback variance from thirty (30) feet to seven (7) feet for an accessory structure in the R-1AA (Single Family Dwelling) district; BV2023-38 (Michael Stapp, Applicant) District 1 - Dallari (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 seven (7) feet for an accessory structure in the R-1AA (Single Family Dwelling) district; or
2. Approve the request for a rear yard setback variance from thirty (30) feet to seven (7) feet for an accessory structure 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 Stonehurst subdivision.
• The request is to cover an existing 743 square foot (32.33’ x 23’) concrete slab with sunshade sails twenty-three (23) feet into the rear yard setback.
• Section 30.1345 of the Seminole County Land Development Code requires any detached accessory building exceeding 200 square feet in size and/or twelve (12) feet in height to meet all of the setback requirements applicable to the main residential structure located on the parcel, which in this zoning district is thirty (30) feet.
• The applicant provided an email from the Stonehurst Homeowners Association stating that since the structure is not permanent, the approval is not necessary. Later, I received an email from the Stonehurst Homeowners Association in opposition of the structure as it is not temporary.
• 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 accessory structure (32.33’ x 23’) 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.