Variance 1: A variance for a front yard from the required 10 feet to 4 feet for the construction of an elevator; and,

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1 GROWTH AND RESOURCE MANAGEMENT DEPARTMENT PLANNING AND DEVELOPMENT SERVICES DIVISION CURRENT PLANNING ACTIVITY 123 W. Indiana Avenue, DeLand, FL (386) PUBLIC HEARING: CASE NO: SUBJECT: LOCATION: APPLICANT: OWNER: STAFF: June 11, Planning and Land Development Regulation Commission (PLDRC) V Variances to the front and rear yards for an addition to a singlefamily residence on Urban Single-Family Residential/Indian River Lagoon Surface Water Improvements & Management Overlay (R- 9W) zoned property. 891 Snook Avenue, New Smyrna Beach Beach Towne Construction Company Thomas and Jane Richter Carol McFarlane, AICP, Planner II I. SUMMARY OF REQUEST The applicant is requesting variances to the front and rear yards for additions to a singlefamily residence located on a 5,750-square-foot property zoned R-9W. The requested variances are: Variance 1: A variance for a front yard from the required 10 feet to 4 feet for the construction of an elevator; and, Variance 2: A variance for a rear yard from the required 12 feet to 9 feet for the construction of an elevated deck on Urban Single-Family Residential/Indian River Lagoon Surface Water Improvements & Management Overlay (R-9W) zoned property. Staff recommendation: Approval with staff recommended conditions. Page 1 of 5

2 II. SITE INFORMATION 1. Location: The property is located on the north side of Snook Avenue, approximately 100 feet west of its intersection with County Road AIA, Turtlemound Road. 2. Parcel No(s): Property Size: ±5,750 square feet 4. Council District: 3 5. Zoning: R-9W 6. Future Land Use: ULI 7. ECO Overlay: No 8. NRMA Overlay: No 9. Adjacent Zoning and Land Use: DIRECTION ZONING FUTURE LAND USE CURRENT USE North: R-9W ULI Single Family Residence East: R-9W ULI Single Family Residence South: R-9W ULI Single Family Residence West: RC W Indian River 10. Location Maps: Zoning Map 2012 Aerial Map III. BACKGROUND AND PREVIOUS ACTIONS This property includes a three-story single family residence with an attached garage, an elevated deck on the second floor, a concrete driveway, and an elevated walkway leading to a dock and dock house that extends into the Indian River. The property is comprised of two contiguous lots, Lots 17 and 18 of Block 53, of the Bethune Volusia Beach Unit 6 plat recorded in There are no platted easements on the property, nor does the submitted survey indicate any private easements. Page 2 of 5

3 Variances have been previously granted on the property. In 1988, variance case V was granted which allowed the original construction of the house. The variance reduced the front yard from 22.5 feet to 10 feet, and reduced the rear yard from 18 feet to 12 feet, subject to certain conditions. At the time, the property was zoned Urban Single Family Residential/Indian River Surface Water Improvements and Management Overlay Zone (R- 4W). The zoning was administratively changed on June 4, 1992, to Urban Single Family Residential/Indian River Surface Water Improvements and Management Overlay Zone (R- 9W). The R-9W zoning classification has a minimum lot size of 7,500 square feet, a front yard of 25 feet, rear yard of 20 feet, side yard of 7 feet, and a waterfront yard of 25 feet. The previously granted variance to the front and rear yards remain in effect. Since the property is approximately 5,750 square feet, 115 feet wide and 50 feet long, it is a nonconforming lot. The applicant has provided a letter from First American Title Insurance Company, demonstrating that the property is a legal, nonconforming lot. The current owners purchased the property in August of There are wetlands on the property indicated by the witness line on the survey. A 50-foot wetland buffer must be maintained around this wetland. It is noted that approximately half of the residence is located within this wetland buffer. Variance 1 has been requested so that the home can be made handicap-accessible by constructing an elevator. Variance 2 will allow the construction of support poles for a threefoot wide elevated deck on the second and third floors. REVIEW CRITERIA AND ANAYLSIS Section (1) a. 4 Variances of the zoning code contains five applicable criteria by which a variance application may be granted by the commission. The following staff evaluation using these criteria is as follows: 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. Variance 1: The lot is nonconforming in size, and with a 50-foot wetland buffer on the western half of the lot, it is difficult to place any additional structures on the property without either a variance and/or impacting the wetland buffer. In addition, the circumstances of the homeowners require that the structure be converted into a handicap-accessible dwelling. Because of the small size of the lot, the presence of wetlands, and the orientation of the house, constructing the elevator in the south facing front yard, and the elevated deck on the north yard, is the most practical option. The applicant has provided detailed floor plan options to demonstrate this. Staff finds that the application for variances 1 and 2 meet this criterion. Page 3 of 5

4 ii. The special conditions and circumstances do not result from the actions of the applicant. Variances 1 and 2: This parcel is comprised of lots from the Bethune Beach plat, which was recorded prior to the adoption of the zoning ordinance. The applicant has submitted a nonconforming lot letter, which indicates that neither the current owner, nor any previous owners, has owned any adjacent or contiguous lots after the adoption of the zoning ordinance. At this time, the property is considered a legal, nonconforming lot through no fault of the applicant. Staff finds that the application for variances 1 and 2 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. Variance 1: Literal interpretation of the provisions of this ordinance would work an unnecessary and undue hardship on the applicant. The proposed location of the handicapaccessible elevator is the most reasonable and cost effective placement possible. Variance 2: The construction of a 3-foot wide wood balcony on the second and third floors is allowed to extend into any yard for either 3 ½ feet or half of the yard, whichever is less, if it can be considered a balcony. The difference between a balcony and a deck refers to the method of support construction. If the support is constructed into the ground (support beams or poles), then it is a deck. If the support is constructed into the vertical structure through cantilevers, then it is considered a balcony. Therefore, a variance is required for the construction of the support poles to a deck which is otherwise allowed per the zoning ordinance. Staff finds that the application for variances 1 and 2 meet this criterion with the conditions recommended by staff. iv. The variance granted is the minimum variance that will make possible the reasonable use of the land, building, structure, or sign. Variances 1 and 2: The applicant has designed the proposed elevator so that the variance necessary is the minimum variance possible to convert the structure into a handicapaccessible structure. The proposed deck has been designed so that the impact into the rear yard will be negligible. Staff finds that variances 1 and 2 meet this criterion with the conditions recommended by staff. 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. Variances 1 and 2: The requested variances are in harmony with the general intent and purpose of the zoning ordinance and the Comprehensive Plan and are not injurious to the area involved. Staff finds that the application for variances 1 and 2 meet this criterion. Page 4 of 5

5 V. STAFF RECOMMENDATION Staff finds that the requested variances meet all five of the required criteria for the granting of a variance. Therefore, staff recommends approval of a variance for the front yard from the required 10 feet to 4 feet (Variance 1) and a variance for the rear yard from the required 12 feet to 9 feet (Variance 2) on Urban Single-Family Residential/Indian River Lagoon Surface Water Improvements & Management Overlay (R-9W) zoned property, subject to the following conditions: 1. The variances apply only to the proposed additions on the variance site plan. Any future expansion of the residence into the front, rear or side yards shall require a separate variance. 2. The support poles for the elevated deck cannot be enclosed or converted into living area, or enlarged, increased, or extended to further encroach or occupy any greater area or other part of the side yard, or other yards, of the property as defined by the zoning ordinance, without approval of a separate variance, building permits and inspections 3. The applicant must submit a combination of lots application, to combine Lots 17 and 18, block 53, of the Bethune Volusia Beach Unit 6 plat, with the Land Development Office. VI. ATTACHMENTS Variance site plan Written petition and photos Reviewer comments Maps 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. Page 5 of 5

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30 Inter-Office Memorandum TO: Christian Nagle, Planner II DATE: February 14, 2013 FROM: SUBJECT: Brenda Borgiet, Environmental Specialist II Planning & Land Development Regulation Commission meeting for Date: March 12, 2013 Parcel #: Case #: V , Thomas J. & Jane Richter TR, owner(s) Environmental Permitting (EP) has conducted a site inspection and reviewed the Variance application for the subject parcel. This parcel is located within the Indian River Lagoon Surface Water Improvements and Management Overlay Zone, otherwise known as the Class II overlay. Any proposed improvements over 250 square feet will require that the parcel meet the provisions of the Class II Land Development Regulations. This parcel is located within the Natural Resource Management Area in which a 50 foot wetland buffer is required. The proposed new deck and elevator will be located outside of the wetland buffer therefore; this office has no specific objection to this variance request. The applicant will be required to meet all applicable requirements of the Land Development Code at the time of building permit application and no wetland or wetland buffer alteration is allowed without the appropriate permits.

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