June 21, 2018 Planning and Land Development Regulation Commission (PLDRC)

Transcription

1 Page 1 of 13 GROWTH AND RESOURCE MANAGEMENT DEPARTMENT PLANNING AND DEVELOPMENT SERVICES DIVISION 123 W. Indiana Avenue, DeLand, FL (386) PUBLIC HEARING: CASE NO: SUBJECT: LOCATION: APPLICANT: OWNER: STAFF: June 21, 2018 Planning and Land Development Regulation Commission (PLDRC) V Variance to maximum lot coverage requirements on Urban Single-Family Residential (R-4) zoned property 3718 Egret Dunes Drive, Ormond Beach Neal Krajewski, agent for owner NEALCO Developments, LLC Steven E. Bapp, Planner II I. SUMMARY OF REQUEST The applicant is requesting the following variance to construct a single-family dwelling on a 6,868 square-foot vacant lot that will exceed the maximum lot coverage: A variance to Section (b)(4) from the required maximum lot coverage of 35% to 41.1% on Urban Single-Family Residential (R-4) zoned property. Staff Recommendation: Deny the variance request, case number V , as the application does not meet all five criteria for granting said variance.

2 Page 2 of 13 II. SITE INFORMATION 1. Location: West side of Egret Dunes Drive, approximately 250 feet north of its intersection with Coquina Key Drive, Ormond Beach. Parcel No: Property Size: 6,868 square-feet Council District: 4 Zoning: Urban Single-Family Residential (R-4) Future Land Use: Urban Medium Intensity (UMI) ECO Overlay: No NRMA Overlay: No Adjacent Zoning and Land Use: DIRECTION North: East: South: West: ZONING R-4 R-4 R-4 R-4 FUTURE LAND USE UMI UMI UMI UMI CURRENT USE Single-Family Residential Single-Family Residential / Vacant Single-Family Residential / Vacant Single-Family Residential 10. Maps: ZONING MAP FUTURE LAND USE MAP

3 Page 3 of 13 III. BACKGROUND AND OVERVIEW The subject property is a vacant parcel bounded on the north and west by single-family residences. The subject property is bounded on the east and south by a mix of single-family residences and vacant lots. The subject parcel is part of the Coquina Key Subdivision, which is an R-4 cluster subdivision as approved under the provisions of Section of the zoning code. The cluster residential subdivision is a development design technique that permits a reduction in lot area by concentrating building in a specific area to allow the remaining land to be used for recreation, open space, or preservation of environmentally sensitive areas. However, individual lot coverage cannot exceed 35%. The applicant proposes to construct a one-story, single-family dwelling on a vacant lot. The design of the dwelling meets the applicable yard dimensional requirements for the front, side and rear yard. Constructing the proposed square-foot structure on a 6,868 square-foot lot, will exceed the maximum lot coverage by square-feet, or 6.1%. The applicant proposes the one story design to provide homes to aging persons, and to preclude the visual impact a two story structure. The subject parcel is 68 feet in width, yet the reduced side yard setback for cluster subdivisions provides additional buildable area, as illustrated in the chart below: Minimum R-4 Cluster Parcel Minimum R- 4 Parcel Subject Parcel Lot Area 5000 ft ft ft 2 Lot Width 45 feet 75 feet 68 feet Front Yard 25 feet 25 feet 25.1 feet Side Yard 5 feet 20 feet total, minimum feet on one side Rear Yard 20 feet 20 feet 21.2 feet Maximum 41.1% 35% 35% Lot (1,750 ft Coverage ) (2,625 ft 2 (2, ) ft 2 ) Building 35 feet 55 feet 58 feet

4 Page 4 of 13 IV. REVIEW CRITERIA AND ANALYSIS 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: 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. There are no special conditions and circumstances peculiar to the property that are not applicable to similar lots in the same zoning classification. The lot is in the same shape as when platted Staff finds that this criterion is not met. ii. The special conditions and circumstances do not result from the actions of the applicant. The applicant has created a peculiar condition by proposing a single-family residence which exceeds the maximum lot coverage. Staff finds that this criterion is not met. 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 not deprive the property owner of the common right enjoyed by similar properties. Section (Cluster Subdivisions) provides a reduced side-yard setback, which in this case, provides the applicant with a wider buildable area, vice that of a standard minimum R-4 zoning classification lot. Staff finds that 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. The applicant could reduce the footprint of the home by square feet to meet the lot coverage requirement. Therefore, this is not the minimum variance to make possible the reasonable use of the property. Staff finds that this criterion is not met.

5 Page 5 of 13 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 proposed variance is not in harmony with the general intent of the zoning code and the Volusia County Comprehensive Plan. The zoning code states the purpose and intent of the R-4 Urban Single-Family Residential Classification is to provide medium-density residential developments, preserving the character of existing or proposed residential neighborhoods. An increase over the maximum lot coverage changes the character of an existing neighborhood. The zoning code further outlines provisions for land development review, in which subdivisions overall stormwater capacities, are based on maximum lot coverage scenarios. Lots which exceed lot coverage would therefore, be injurious to the subdivision. Staff finds that the criterion is not met. V. STAFF RECOMMENDATION Deny the variance request, case number V , as the application does not all five criteria for granting said variance. ATTACHMENTS Written Petition Boundary Survey with Site Plan Staff Comments Map Exhibits VI. 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 PROPERTY LOCATION V Page 9 of 13 UV A1A ATLANTIC OCEAN HALIFAX CREEK TOMOKA BASIN SUBJECT PROPERTY 1 " = 1,000 ' I 5/30/2018

10 AERIAL V Page 10 of 13 COQUINA KEY DR ISLAMORADA DR ATLANTIC SHORELINE SR A1A (OCEAN SHORE BLVD) CR 2803 (JOHN ANDERSON DR) EGRET DUNES DR COQUINA KEY DR PELICAN DUNES DR HERON DUNES DR TARPON AV BASS DR DOLPHIN AV CHASE TER HARBOR DR W GRAPE TER 1 " = 400 ' SUBJECT PROPERTY IMAGE DATE 2015 I 5/7/2018

11 ZONING CLASSIFICATION V Page 11 of 13 ATLANTIC OCEAN CR 2803 (JOHN ANDERSON DR) C PUD THE BEACH N RC EGRET DUNES DR ISLAMORADA DR COQUINA KEY DR ICW N COQUINA KEY DR RC HALIFAX CREEK RC R-3 PELICAN DUNES DR PELICAN DUNES D R HERON DUNES DR TARPON AV R-4 SR A1A (OCEAN SHORE BLVD) BASS DR DOLPHIN AV SUBJECT PROPERTY 1 " = 400 ' I 6/13/2018 RESIDENTIAL CONSERVATION RESOURCE CORRIDOR PLANNED UNIT DEVELOPMENT

12 FUTURE LAND USE V Page 12 of 13 C CR 2803 (JOHN ANDERSON DR) UHI SR A1A (OCEAN SHORE BLVD) ATLANTIC OCEAN UMI ATLANTIC SHORELINE COQUINA KEY DR ISLAMORADA DR W HALIFAX CREEK ESC ESC COQUINA KEY DR ULI PELICAN DUNES DR HERON DUNES DR ESC ESC TARPON AV BASS DR DOLPHIN AV SUBJECT PROPERTY CONSERVATION ENVIRONMENTAL SYSTEMS CORRIDOR URBAN HIGH INTENSITY ESC CHASE TER URBAN LOW INTENSITY URBAN MEDIUM INTENSITY WATER GRAPE TER 1 " = 400 ' I 5/7/2018

13 ECO/NRMA OVERLAY V Page 13 of 13 COQUINA KEY DR ISLAMORADA DR UV A1A ATLANTIC SHORELINE SR A1A (OCEAN SHORE BLVD) ATLANTIC OCEAN CR 2803 (JOHN ANDERSON DR) COQUINA KEY DR HALIFAX CREEK EGRET DUNES DR PELICAN DUNES DR HERON DUNES DR TARPON AV BASS DR DOLPHIN AV CHASE TER HARBOR DR W HARBOR DR E GRAPE TER SUBJECT PROPERTY ECO NRMA 1 " = 400 ' I 5/7/2018