July 19, 2018 Planning and Land Development Regulation Commission (PLDRC)

Transcription

1 Page 1 of 15 GROWTH AND RESOURCE MANAGEMENT DEPARTMENT PLANNING AND DEVELOPMENT SERVICES DIVISION 123 West Indiana Avenue, DeLand, Florida (386) PUBLIC HEARING: CASE NO: SUBJECT: LOCATION: APPLICANT/OWNER: STAFF: July 19, 2018 Planning and Land Development Regulation Commission (PLDRC) V Variance to the minimum yard requirements on Prime Agriculture (A-1) zoned property 190 Lush Lane, Deltona Wayne H. and Kathleen S. Harris Trish Smith, AICP, Planner III I. SUMMARY OF REQUEST The applicant is requesting a variance to construct a detached garage on a ±5.0-acre parcel located in the Deltona area. As proposed, the accessory garage building will be placed to the north side of the existing residence. However, the size of the garage and proposed location will place the structure in the north side yard area. The variance request is as follows: A variance for a north side yard from the required 50 feet to 15 feet for a ±1,760 square-foot accessory structure on Prime Agriculture (A-1) zoned property. Staff Recommendation: Deny the variance request, case number V , as it does not meet all five criteria for granting said variance.

2 Page 2 of 15 II. SITE INFORMATION 1. Location: Lush Lane approximately 1,530 feet south of its intersection with CR 4162/Doyle Road 2. Parcel No(s): Property Size: ±5.0 acres 4. Council District: 5 5. Zoning: Prime Agriculture (A-1) 6. Future Land Use: Rural (R) 7. ECO Overlay: No 8. NRMA Overlay: No 9. Adjacent Zoning and Land Use: DIRECTION ZONING FUTURE LAND USE CURRENT USE North: A-1 R Undeveloped woodlands East: A-1 R Lush Lane; undeveloped woodlands South: A-1 R Single-family residence West: A-1 R Single-family residence 10. Maps: ZONING MAP FUTURE LAND USE MAP III. BACKGROUND AND OVERVIEW The subject property is ±5.0 acres in the Prime Agriculture (A-1) zoning classification. According to the Property Appraiser s records, the parcel includes a 3,292 square-foot, single-family residence, an attached carport, and an attached, unfinished garage. The residence is situated on the eastern portion of the property. A septic tank is located

3 Page 3 of 15 adjacent the southern side of the residence, and a propane tank and a well are situated near the northern property boundary and to the rear of the residence. A review of aerial photographs revealed the presence of an apparent container garden on a concrete pad approximately 55 feet west of the southwest corner of the single-family residence. The parcel is feet wide by 660 feet deep, and the western half of the parcel remains undeveloped. The minimum lot size in the A-1 zoning classification is 10 acres, and the minimum lot width is 150 feet. The parcel meets the minimum lot width; however, at five acres, it falls below the 10-acre lot size requirement. The applicant provided a good nonconforming lot letter from PGA Title, Inc., dated 5/23/18, indicating that neither the current nor the previous owners of the property owned adjacent or contiguous properties since March 19, This is the year that the A-1 classification lot area changed from five Source: Volusia County Property Appraiser acres to 10 acres. The minimum yard requirements in the A-1 zoning classification are: Front: 100 feet; Side: 50 feet; and Rear: 50 feet. The existing residence meets these requirements. The applicant is requesting a variance to construct a 40- foot wide by 40-foot deep detached garage fifteen feet from the northern property boundary adjacent to the existing gravel driveway and the residence. The parcel is located in the Enterprise Local Plan, which is identified with the suffix E in the A-1 zoning classification. The goal of the Plan is to maintain natural, historic, cultural, and scenic values associated with the Enterprise Community within a framework which will allow for growth compatible with the established development pattern and current land use policies. Section of the zoning code outlines single family lot design standards for parcels in the Enterprise Local Plan. Regarding garages and carports, attached and detached garages and carports shall be consistent with the facade treatment of the principal structure. Garages and carports shall not comprise more than 50 percent of a building s street-facing frontage. Street facing garages or carports shall

4 Page 4 of 15 be recessed from the primary building façade (not including porches, bays or other minor projections by a minimum of two feet. Attached, side-loaded garages are allowed in front of the principal building. Detached garages (accessory structures) shall be located to the side or rear of the principal building not within the front setback. The proposed detached garage meets these requirements. During a pre-application meeting with staff on May 8, 2018, the applicant indicated that his new garage will be similar to the façade of the principal structure. During the review process, planning staff looked at the building permit for the residence and confirmed that the plans for the garage will meet the requirements of Section of the zoning code. IV. REVIEW CRITERIA AND ANALYSIS Variance Criteria Section (1) a.4 contains five applicable criteria by which a variance application may be granted. The following staff evaluation is based on these criteria: 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. At only five acres in size, the parcel is a nonconforming lot in the A-1 zoning classification. Most of the other parcels surrounding the subject property in the same zoning classification are larger in size. Even with the smaller size, however, there is sufficient room to construct a detached garage within the minimum yard requirements if the garage is relocated to another area on the property. The lot is rectangular in shape and mostly cleared, which provides minimal hindrances to using the property. The applicants have stated that placing the garage to the south of the home would interfere with the existing septic system, yet the distance between the home and the south property line is over 150 feet per the boundary survey. The applicants also said that positioning the garage behind the house on the western portion of the property would be too far away to make it useful. Staff finds that this criterion is not met. ii. The special conditions and circumstances do not result from the actions of the applicant. The current yard size is sufficient to position a 1,760-square-foot detached garage within the minimum yard requirements of the A-1 zoning classification. The owner would like to place the new garage near the home and the existing, covered carport. This will require the garage to be only 15 feet from the north property line. The special circumstance resulted from the property owners choice to construct a detached garage near the property line. Staff finds this criterion is not met.

5 Page 5 of 15 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. The applicants believe that literal interpretation of the zoning code would prevent them from placing the new structure in the ideal location for its use. They believe that it would be an undue hardship because it would deprive them of a garage in a usable location. According to the survey, the single-family residence is located 93.3 feet from the northern property line. Instead of building a detached structure, the property owner could choose to enclose and add on to the covered carport in order to utilize the desired location without impacting the minimum side yard requirement. If the applicant prefers to construct a detached garage, it could be located farther west on the property with no impacts to the septic system, the well, the propane tank, or the minimum yard requirements. According to the survey, the well equipment and the propane tank are located within the north side yard. Staff finds this criterion is not met. iv. The variance granted is the minimum variance that will make possible the reasonable use of the land, building, structure, or sign. There is sufficient space within the five-acre parcel and within the required minimum yards in which to place a detached garage. Staff finds this criterion is not met. 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 purpose and intent of the A-1 Prime Agriculture Classification is to preserve valuable agricultural land for intensive agricultural uses and to protect land best suited for agricultural uses from the encroachment of incompatible land uses. According to the Volusia County Revenue Division website, the parcel has a homestead exemption, but it does not have an agricultural exemption. The applicants stated in the variance application that the garage would be used to store vehicles, yard implements, machines, tools, fertilizers, and products to maintain their property. Locating a detached garage for a single-family residence in the north side yard does not appear to be in harmony with the general intent and purpose of the zoning ordinance. Objective ENT 1.2 of the Enterprise Local Plan in the Comprehensive Plan is to protect and enhance the environmental resources of Enterprise which define the area s rural character and visual appeal. Policy ENT 1.2.3(a) discourages large scale reshaping of the natural landform. Policy ENT 1.2.3(c) requires the review of existing open space, landscaping, and buffer requirements to conform to the intent of Objective ENT 1.2. The

6 Page 6 of 15 large yard requirements of the A-1 zoning classification help maintain the rural character of the Enterprise Local Plan. Staff finds this criterion is not met. V. STAFF RECOMMENDATION Deny the variance request as follows, case number V , as the application does not meet all five criteria for granting said variance. A variance for a north side yard from the required 50 feet to 15 feet for a ±1,760 square-foot accessory structure on Prime Agriculture (A-1) zoned property. VI. ATTACHMENTS Written Petition Survey Variance Site Plan Elevations Staff Comments Map Exhibits VII. AUTHORITY AND PROCEDURE The commission may, except as otherwise provided in Section of the zoning code, authorize, after due public notice upon application on a form prescribed by the zoning enforcement official, such variance or variances from the terms of this ordinance as will not be contrary to the public interest when, owing to special conditions, a literal enforcement of the provision of this ordinance would result in unnecessary and undue hardship. Said variance application shall be heard only if it is presented by the person owning 51 percent or more of the specific area of land involved or upon an administrative application by the county council. Any new information to be presented at the Planning and Land Development Regulation Commission meeting for any application will be grounds to continue an application to the next Planning and Land Development Regulation Commission meeting. Applicants shall inform and provide staff with the new information prior to the planning and land development regulation commission meeting.

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9 LINN ENGINEERING & DESIGN Chad S. Linn, P.E. #57524 P.O. BOX ORLANDO, FL PHONE: Digitally signed by Chad S Linn DN: c=us, o=identrust ACES Unaffiliated Individual, cn=chad S Linn, =A 01097C DE7E Date: :12:04-04'00' Page 9 of 15

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11 FREELAND WAY PROPERTY LOCATION V Page 11 of 15 LAKEVIEW DR MITNIK DR NORTH ST LAKE ST HIGHLAND LAKES DR NORMAL WAY KIRK HILL RD TWISTED OAK TR SHERYL DR LUSH CT LUSH LN LITTLE PALM DR LIVE OAK AV GATLING AV ARCADIA ST CR 4162 (DOYLE RD) LIGHTWOOD ST LE DFORD RD DELTONA KRAFT DR CITATION AV BLVD S COURTLAND BOBCAT LN KANTAGREE TR BOYCE CT REED ELLIS RD DARNELL CT CR 5758 (ENTERPRISE OSTEEN RD) SUBJECT PROPERTY 1 " = 1,000 ' I 6/5/2018

12 AERIAL V Page 12 of 15 CR 4162 (DOYLE RD) LUSH CT LUSH LN LITTLE PALM DR LIVE OAK AV 1 " = 400 ' SUBJECT PROPERTY IMAGE DATE 2015 I 6/5/2018

13 ZONING CLASSIFICATION V LUSH LN Page 13 of 15 CR 4162 (DOYLE RD) RRE LUSH CT A-3E LITTLE PALM DR LIVE OAK AV A-1E RAE A-2E SUBJECT PROPERTY RESIDENTIAL 1 " = 400 ' I 6/5/2018 AGRICULTURAL

14 FUTURE LAND USE V Page 14 of 15 CR 4162 (DOYLE RD) LUSH LN LUSH CT LITTLE PALM DR LIVE OAK AV COUNTY R DELTONA SUBJECT PROPERTY RURAL 1 " = 400 ' I 6/5/2018

15 ECO/NRMA OVERLAY V Page 15 of 15 CR 4162 (DOYLE RD) LUSH CT LUSH LN LITTLE PALM DR LIVE OAK AV SUBJECT PROPERTY ECO NRMA 1 " = 400 ' I 6/5/2018