April 12, Planning and Land Development Regulation Commission (PLDRC)

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1 Page 1 of 16 GROWTH AND RESOURCE MANAGEMENT DEPARTMENT PLANNING AND DEVELOPMENT SERVICES DIVISION CURRENT PLANNING ACTIVITY 123 W. Indiana Avenue, Room 202, DeLand, FL (386) PUBLIC HEARING: CASE NO: SUBJECT: LOCATION: APPLICANT: OWNER: STAFF: April 12, Planning and Land Development Regulation Commission (PLDRC) V Variance to the minimum yard requirements on Prime Agriculture (A-1) zoned property Tilly Byrd Road, Seville F.A. (Alex) Ford, Jr., Esq. Aurora P. Gomez Danalee Petyk, Planner II I. SUMMARY OF REQUEST The applicant is requesting a variance to bring the subject property into compliance with applicable accessory structures setback of Section (1) and the minimum yard size requirement of the A-1 classification of Section The variance originated from a building compliance citation ( ) to address the construction of the carport without a permit. The applicant submitted a building permit application and during the zoning review, it was found that the accessory structure did not meet the minimum 100-foot front yard requirement for the A-1 zoning classification. Specifically, the applicant is requesting a variance to the front yard setback from the required 100 feet to 54 feet for an existing carport on Prime Agriculture (A-1) zoned property. Staff Recommendation: Denial to the requested variance, as the application does not meet all five criteria for granting a variance under Section of the zoning code.

2 Page 2 of 16 II. SITE INFORMATION 1. Location: The property is located west of Tilly Byrd Road approximately 1,281 feet south of its intersection with County Road 305, Seville 2. Parcel Number: Property Size: + 5 acres 4. Council District: 1 5. Zoning: Prime Agriculture (A-1) 6. Future Land Use: Urban Low Intensity (ULI) / Water (W) 7. ECO Map: No 8. NRMA Overlay: No 9. Adjacent Zoning and Land Use: DIRECTION ZONING FUTURE LAND CURRENT USE USE North A-1 AR Single-family dwelling East A-3 RLC Single-family dwelling South A-1 AR Single-family dwelling West A-1 AR Agriculture 10. Location Maps ZONING MAP FUTURE LAND USE MAP

3 Page 3 of 16 III. BACKGROUND AND PREVIOUS ACTIONS The subject property is part of the Kinney Unrecorded Subdivision. The subject property does not conform to the minimum lot size of the A-1 zoning classification. A nonconforming lot letter was submitted to the County of Volusia dated January 15, The original single-family dwelling was constructed in 1929, prior to the current zoning ordinance. The house is located approximately 68 feet from the easterly front property line with a screen front porch approximately 59 feet from the easterly front property line. The current A-1 zoning regulations require a 100-foot front yard setback, rendering the existing home nonconforming. The current owners purchased the property in A carport was constructed without a permit and within the required front yard setback and increasing the nonconformity of the property. A code violation ( ) was issued on December 24, 2015 for constructing the carport without a permit. The notice required the owner to obtain the required permits and inspection approvals. The applicant applied for a residential accessory permit (Permit ) and staff review of the site and the survey revealed that the accessory structure did not meet the minimum required setback. IV. REVIEW CRITERIA AND ANALYSIS Variance Site Plan: The existing carport is a 21-foot wide by 30-foot long structure located on the existing concrete driveway. The front yard requirement for the A-1 zoning classification is 100 feet. The carport is located approximately 54 feet off the easterly property line and extends beyond the front plane of the nonconforming house, thus increasing the nonconformity. No permit or inspection was approved for this accessory structure. Variance Criteria: Section (1) a.4 Variances of the zoning code contains five applicable criteria by which a variance application may be granted. The following staff evaluation is based on these criteria:

4 Page 4 of 16 i. Special conditions and circumstances exist which are peculiar to the land, structure, sign, or building involved and which are not applicable to other lands, structures, signs, or buildings in the same zoning classification. The existing home was constructed in 1929, prior to the owner s purchase of the property. The existing home has nonconforming setbacks and the lot size is nonconforming to the zoning district. However, there is adequate buildable area on the lot that is not in the required yard setbacks, thus the carport could be relocated to meet the requirements of the zoning district. Staff finds that this variance does not meet this criterion. ii. The special conditions and circumstances do not result from the actions of the applicant. The existing home and lot size are not a result from actions of the applicant. However, the carport was constructed without a permit by the applicant and increases the nonconformity of the lot that has resulted in this variance. Staff finds that this variance does not meet this criterion. iii. Literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning classification, under the terms of the ordinance, and would work an unnecessary and undue hardship on the applicant. Literal interpretation of the code would require the carport to be relocated to meet the required 100-foot front yard. There is sufficient land area on the property where the carport could be relocated to meet this requirement, thus the applicant would not be deprived of rights commonly enjoyed by other properties in the same zoning district. Staff finds that this variance does not meet this criterion. iv. The variance granted is the minimum variance that will make possible the reasonable use of the land, building, structure, or sign. The variance from 100 feet to 54 feet is the minimum variance to allow the carport to remain in its present location on the lot. However, staff does not find that the variance will make reasonable use of the land. The accessory structure was erected on the property without a permit, thus contributing further to the front yard encroachment. Removal and relocation of the accessory structure would eliminate the front yard encroachment. Staff finds this variance does not meet this criterion. v. The grant of the variance will be in harmony with the general intent and purpose of this ordinance and the Volusia County Comprehensive Plan Ordinance No , as amended, and that such variance will not be injurious to the area involved.

5 Page 5 of 16 v. The grant of the variance will be in harmony with the general intent and purpose of this ordinance and the Volusia County Comprehensive Plan Ordinance No , as amended, and that such variance will not be injurious to the area involved. The requested variance is unlikely to be injurious to the immediate area, with the appropriate conditions but would not be in harmony with the general intent of the ordinance since no permits were approved and issued for the accessory structure. Staff finds this variance does not meet this criterion. V. STAFF RECOMMENDATION Staff finds the applicant has not met all five criteria for granting the variances. Therefore, staff recommends to the Planning and Land Development Regulation Commission (PLDRC) denial of the variance for a front yard setback from the required 100 feet to 54 feet for a carport on Prime Agriculture (A-1) zoned property. However, if the PLDRC finds that the requested variance application does meet all five of the criteria to grant a variance, staff has provided the following conditions for consideration: 1. The carport shall maintain the front yard setback of 54 feet and shall not be expanded. 2. The property owner or authorized agents shall obtain and complete all required building permits and inspections for the carport. VI. ATTACHMENTS Written Petition Nonconforming Lot Letter Survey Variance Site Plan Reviewer Comments Map Exhibits VII. AUTHORITY AND PROCEDURE Pursuant to Section , the County Council shall hold a public hearing after due public notice on all recommendations from the commission. It may accept, reject, modify, return, or seek additional information on those recommendations. No approval of a special exception application shall be made unless, upon motion, four members of the county council concur. The county council will thereafter forward its decision to the applicant. Any new information to be presented at the planning and land development regulation commission for any application will be grounds to continue an application to the next planning and land development regulation commission. Applicants shall inform and provide staff with the new information prior to the planning and land development regulation commission.

6 Page 6 of 16 Any new information to be presented at the county council meeting that was not previously presented to the planning and land development regulation commission for any application will be grounds to return an application to the planning and land development regulation commission for further review. Applicants shall inform and provide staff with the new information prior to the council meeting.

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9 EXISTING CARPORT Page 9 of 16

10 VARIANCE SITE PLAN Page 10 of 16 Variance 54 foot set back in lieu of 100 foot setback

11 Page 11 of 16 STAFF REVIEW COMMENTS PLDRC Hearing Date: April 12, 2016 Ford/Gomez V BUILDING, ZONING AND CODE ADMINISTRATION Beverly Abrahamson, Building Compliance Officer Comments There is an open building code violation for a metal carport-type structure with electric that was installed/constructed without the required building permit(s) and inspection approval(s). An application for a permit ( ) was submitted on Jan 27, 2016 for a "30 x 20 Garage also to include electric being removed for the stove in the *apartment* After the Fact". * * * * * * 1

12 MCBRIDE RD TILLY BYRD RD HAYWARD ST BARTON ST Page 12 of 16 LOWER LAKE LOUISE CR 2851 (RAULERS ON RD) BAKER POND WILSON ST CEMETERY RD LAWRENCE ST PARK DR PAULDING ST W CR 305 (LAKE GEORGE RD) CHURCH ST KIMBLE ST CR 305 (BUNNELL RD) LEMON RD US HWY 17 N AMELIA ST CHERRY ST W CHERRY ST E CAUSEY LN CSX RR WINDY HILL RD REQUEST AREA LOCATION 1 " = 1000' VARIANCE I CASE NUMBER V

13 TILLY BYRD RD Page 13 of 16 CR 305 (LAKE GEORGE RD) WINDY HILL RD AERIAL 2015 REQUEST AREA 1"= 400' I VARIANCE CASE NUMBER V

14 Page 14 of 16 R-4 A-3 A-1 TILLY BYRD RD WINDY HILL RD C FR ZONING CLASSIFICATION AGRICULTURAL FORESTRY RESOURCE CONSERVATION RESIDENTIAL 1"= 400' I VARIANCE CASE NUMBER V REQUEST AREA

15 Page 15 of 16 R CR 305 (LAKE GEORGE RD) TILLY BYRD RD RLC AR AR AR WINDY HILL RD C FR FUTURE LAND USE DESIGNATION AGRICULTURE RESOURCE CONSERVATION FORESTRY RESOURCE RURAL RURAL COMMUNITY REQUEST AREA 1"= 400' VARIANCE CASE NUMBER V

16 Page 16 of 16 CR 305 (LAKE GEORGE RD) TILLY BYRD RD WINDY HILL RD ECO/NRMA ECO NRMA REQUEST AREA 1"= 400' VARIANCE CASE NUMBER V