August 8, 2017 Planning and Land Development Regulation Commission (PLDRC)

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1 Page 1 of 25 GROWTH AND RESOURCE MANAGEMENT DEPARTMENT PLANNING AND DEVELOPMENT SERVICES DIVISION 123 West Indiana Avenue, DeLand, FL (386) PUBLIC HEARING: CASE NO: SUBJECT: LOCATION: APPLICANT: OWNER(S): STAFF: August 8, 2017 Planning and Land Development Regulation Commission (PLDRC) V Variances to minimum yard and maximum lot coverage requirements on Urban Single-Family Residential/Indian River Lagoon Surface Water Improvements and Management Overlay Zone (R-9W) zoned property Turtlemound Road, New Smyrna Beach Glenn Storch, attorney for owner Susan K. Kinard Scott Ashley, AICP, Senior Zoning Manager I. SUMMARY OF REQUEST The applicant is requesting four variances to construct a single-family dwelling on the subject property located on Turtlemound Road, New Smyrna Beach. The property is 50 feet wide by 50 feet deep, for a total of 2,500 square feet. The variance requests are as follows: 1: A variance for a front yard from the required 25 feet to 15 feet; 2: A variance for a rear yard from the required 20 feet to 10 feet; 3: A variance for side yards from the required 7 feet to 5 feet; 4: A variance to the maximum lot coverage from the allowed 35 percent to 40 percent on Urban Single-Family Residential/Indian River Lagoon Surface Water Improvements and Management Overlay Zone (R-9W) zoned property. Staff Recommendation: Approve the variance requests 1 through 4, case number V , as the application meets all five criteria for granting said variances, subject to the staff recommended conditions.

Page 2 of 25 II. SITE INFORMATION 1. Location: West side of Turtlemound Road, approximately 250 feet south of the intersection of Turtlemound Road and Grouper Avenue. 2. Parcel No(s): 8505-01-47-0110 3.

Future Land Use: Urban Low Intensity (ULI) 7. ECO Overlay: No 8. NRMA Overlay: No 9.

2 Page 2 of 25 II. SITE INFORMATION 1. Location: West side of Turtlemound Road, approximately 250 feet south of the intersection of Turtlemound Road and Grouper Avenue. 2. Parcel No(s): Property Size: 2,500 square feet 4. Council District: 3 5. Zoning: Urban Single-Family Residential/ Indian River Lagoon Surface Water Improvements and Management Overlay Zone (R-9W) 6. Future Land Use: Urban Low Intensity (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 Urban Low Intensity Single-family dwelling East: R-9W Urban Low Intensity Undeveloped lot and single-family dwellings South: R-9W Urban Low Intensity Undeveloped lot West: R-9W Urban Low Intensity Undeveloped lot and single-family dwellings 10. Maps: ZONING MAP FUTURE LAND USE MAP

3 Page 3 of 25 III. BACKGROUND AND PREVIOUS ACTIONS The applicant has applied for four variances to construct a single-family dwelling. The subject property consists of parts of Lots 11 and 12, Unit 4 of Bethune-Volusia Beach Subdivision, which was platted in the mid-1940s. When originally platted, the lots were 25 feet wide by 100 feet in depth. However, Florida Department of Transportation (FDOT) acquired land for the realignment of State Road A-1-A, now known as Turtlemound Road, in the early 1960s. A considerable portion of the lot frontage was taken to create a 100-foot right-of-way. The remaining parcel now measures 50 feet by 50 feet. The lot is zoned Urban Single-Family Residential/Indian River Lagoon Surface Water Improvements and Management Overlay Zone (R-9W). The R-9W zoning standards require a minimum lot area of 7,500 square feet and a minimum lot width of 75 feet. Therefore, the lot is nonconforming because it contains only 2,500 square feet, and it is substandard because it has less than 5,000 square feet of area. The applicant has provided the attached nonconforming lot letter from Reliant Title Group indicating that the property is a lawful, nonconforming lot, and therefore a permit may be issued. However, to build a house on the lot, several variances are being requested. The former property owner, Mr. Robert Kinard, was granted approval of variances for a substandard lot, front, rear and side yards, and for maximum lot coverage by the PLDRC in 2006, under case V However, Mr. Kinard did not implement the variances within the twelve-month time frame dictated by the Volusia County Zoning Ordinance, and the approval subsequently expired. The one variance that did not expire was the variance to build on a substandard lot. The applicant is proposing to build a two-story, single-family dwelling to contain 1,000 square feet of living area and be elevated to provide parking underneath the house. The total area proposed represents a 40% lot coverage in lieu of the 35% maximum allowed. Each requested variance is described below, along with a brief discussion of the justification for the request. Variances 1 and 2. The standard yard requirements for an R-9W zoned property are a 25- foot front yard, a 20-foot rear yard and 7-foot side yards. Based on these setbacks, the buildable footprint of the house is limited to 36 feet wide by 5 feet deep. The applicant is requesting the variances to create a building footprint to 40 feet wide by 25 feet deep. Both front and rear yard variances are common requests for 50-foot by 50-foot properties in this area due to the taking of additional right-of-way for Turtlemound Road. The 50-foot deep lots situated in this subdivision block on the west side of Turtlemound Road have been granted the similar front and rear yard variances. Again, because the taking of additional right-of-way for Turtlemound Road contributed to the reduction in lot depth of this property, a hardship for this variance is justified. Variance 3. This variance is to reduce the minimum side yard requirement for a principal dwelling from the required seven feet to five feet.

4 Page 4 of 25 The proposed dwelling is two stories. The proposed first floor is unenclosed parking/storage area. The second floor proposes a 40-foot by 25-foot enclosed living area, which meets the R-9 classification floor area requirement of 1,000 square feet. However, the applicant is able to meet the required minimum floor area with a one-story living area because of the side yards reduction to five feet. The applicant is not restricted from building a three-story home, subject to a 35-foot maximum building height. This would enable the applicant to shift some living area to another level and still meet the minimum floor area requirement, and meet the seven-foot side yard standard. A three-story home will not be out of character in the Bethune Beach neighborhood. Though, none of the adjoining houses in the immediate area exceed two stories. Building a third story on a house with such a small footprint would create the appearance of a tower, and would not be in character with homes within the immediate area. Variance 4. This variance is to increase the maximum lot coverage from the required 35 percent to 40 percent. Lot coverage is defined as that area from the ground up that is occupied by principal and accessory buildings. In this case, although the ground level will be open, the entire footprint of the second floor of the structure counts toward lot coverage. Given the substandard size of the lot, a lot coverage of 35% limits the building footprint to 875 square feet. The proposed house has a 1,000 square-foot footprint. If the additional right-of-way had not been taken for Turtlemound Road, up to 1,750 square feet of lot coverage would be allowed and a variance would not be needed. Thus, to accommodate the additional 125 square feet of building footprint, an increase in lot coverage of five percent is needed. The property is within Indian River Lagoon Surface Water Improvements and Management Overlay Zone, which requires specific landscaping and stormwater retention requirements, per county code Sections thru The property will comply with these requirements. IV. REVIEW CRITERIA AND ANALYSIS VARIANCE PLAN The applicant has resubmitted the same variance plan from the 2006 variance case, which shows a proposed 1,000 square-foot rectangular structure. The plan indicates an 18-foot wide driveway on the south end of the structure, which could accommodate two motor vehicles on a driveway that provide under-building parking. In addition, there is a proposed 120 square-foot deck that extends the entire width of the intended dwelling. Based on the parcel and building dimensions, this deck would be approximately three feet in depth, thereby, resulting in a seven-foot rear yard rather than the ten-foot being requested. The proposed rear deck must be removed from the home design. It does not fit within the dimensions of the lot and proposed home. 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:

5 Page 5 of 25 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. With the right-of-way acquisition and realignment of Turtlemound Road, approximately 2,500 square feet was removed from the lot, rendering it a substandard sized lot. If the right-of-way had not been taken, it would not be substandard and there would be sufficient room to build a house without need of the requested variances. All four variance requests meet this criterion. ii. The special conditions and circumstances do not result from the actions of the applicant. The lot was reduced in size with the widening of Turtlemound Road in the early 1960s. The current owner, Ms. Susan Kinard, has been an owner of the property since It is considered a legal nonconforming lot. The owner is not responsible for the current size or shape of the lot. All the variance requests 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. The property is considered a legal nonconforming lot and therefore eligible to obtain building permits. However, without the granting of variances for this lot, the applicant would be deprived of rights commonly enjoyed by other properties in the same zoning classification. The requested variances work in concert to allow a house design that is compatible in scale with the lot size and architectural character of the neighboring properties. If any one of these variances is denied, the footprint of the building area must change, which will either cause revised variance requests and/or an increased height of the structure, likely resulting in a house design that may be out of character with the area. Additionally, the yard area and lot coverage variances have been previously granted to the property. Staff finds that all four variance requests 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. Technically, variances 1 through 4 could be minimized to require less encroachment into the front, rear and side yards, and less lot coverage. However, the lot is exceptionally small, and the proposed house design is reasonable for this sized lot while maintaining the architectural character of a home in the Bethune Beach neighborhood. As discussed above, meaningful minimization of these variances will result in the shifting of variances and/or an impractical design of the house.

6 Page 6 of 25 However, decks are commonly ground supported structures attached to a dwelling. This makes the proposed deck a part of the principal structure that must meet the applicable yard requirements. Given the setback dimensions being requested, staff does not support the extension of the 120 square-foot rear deck, or the allowance of any other exterior appurtenance to the dwelling into any yard area. Staff finds that all four variance requests meet this criterion, with recommendation to delete the deck from the house plan. 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. Granting the requested variances makes it possible for the applicant to obtain permits for construction of a proposed new single-family home with a conforming footprint area and a customary shape and size on the subject property. Granting these variances will be in harmony with the surrounding neighborhood and the intent of the zoning code, and will not be injurious to the area involved. Staff finds that all four variance requests meet this criterion. V. STAFF RECOMMENDATION Approve the variance requests as follows, case number V , as the application meets all five criteria for granting said variances, subject to the staff recommended conditions set forth below: Variance 1: A variance for a front yard from the required 25 feet to 15 feet; Variance 2: A variance for a rear yard from the required 20 feet to 10 feet; Variance 3: A variance for side yards from the required 7 feet to 5 feet; Variance 4: A variance to the maximum lot coverage from the allowed 35 percent to 40 percent to construct a single-family dwelling on Urban Single-Family Residential/Indian River Lagoon Surface Water Improvements and Management Overlay Zone (R-9W) zoned property. Conditions: 1. The developer shall comply with the Indian River Lagoon Surface Water Improvements and Management Overlay Zone requirements of the Land Development Code, including stormwater retention and open space/landscaping criteria.

7 Page 7 of The variances are limited to a proposed single-family dwelling with a dimension of 40 feet wide and 25 feet deep. The applicant shall submit a revised variance plan to the Planning office within ten working days from the date of the hearing that is in compliance with the staff recommendations. 3. No impervious surfaces or structures shall be constructed or placed upon the subject property except as shown on the approved site plan. No balconies, decks, or stairways shall extend or overhang into any yard area established by this variance. 4. The applicant or successors shall maintain the required area for two off-street parking spaces that shall not extend into the public right-of-way. Therefore, the ground floor carport or garage shall not be converted to conditioned or unconditioned living area. 5. The property owner or authorized agents shall obtain the required permits and inspections and comply with any other Federal, State and County fees, codes or ordinances. VI. ATTACHMENTS Written Petition and Variance Site Plan Survey Nonconforming lot letter 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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21 Page 21 of 25 CR A1A (TURTLEMOUND RD) ATLANTIC AV S EEL AV FLOUNDER AV GARFISH AV RIVER RD ENGRAM RD ATLANTIC SHORELINE GROUPER AV ATLANTIC OCEAN HADDOCK AV CEDAR CREEK HALIBUT AV HERRING AV KINGFISH AV LADYFISH AV ENGRAM RD TURNER FLATS MULLET AV REQUEST AREA LOCATION 1 " = 400' I VARIANCE CASE NUMBER V

22 Page 22 of 25 RIVER RD FLOUNDER AV EEL AV ATLANTIC AV S GARFISH AV CR A1A (TURTLEMOUND RD) ENGRAM RD GRUNION AV GROUPER AV HADDOCK AV HALIBUT AV HERRING AV KINGFISH AV LADYFISH AV ATLANTIC SHORELINE MULLET AV AERIAL "= 400' I VARIANCE CASE NUMBER REQUEST AREA V

23 Page 23 of 25 ATLANTIC AV S EEL AV FLOUNDER AV R-9W CR A1A (TURTLEMOUND RD) ENGRAM RD RIVER RD GRUNION AV GROUPER AV B-4W CW HADDOCK AV HALIBUT AV RCW ZONING CLASSIFICATION COMMERCIAL CONSERVATION RC RESIDENTIAL R-8W RESOURCE CORRIDOR KINGFISH AV B-8W LADYFISH AV 1"= 400' ENGRAM RD CW I MULLET AV R-7W B-8W VARIANCE CASE NUMBER V REQUEST AREA

24 Page 24 of 25 EEL AVRIVER RD ENGRAM RD ATLANTIC AV S GARFISH AV RIVER RD CR A1A (TURTLEMOUND RD) ENGRAM RD RIVER RD GROUPER AV ATLANTIC AV S GROUPER AV ULI HADDOCK AV CR A1A (TURTLEMOUND RD) ATLANTIC OCEAN ESC UHI ENGRAM RD ULI UHI W MULLET AV FUTURE LAND USE ENVIRONMENTAL SYSTEMS CORRIDOR URBAN HIGH INTENSITY WATER URBAN LOW INTENSITY 1"= 400' I VARIANCE CASE NUMBER V REQUEST AREA

25 Page 25 of 25 RIVER RD ATLANTIC AV S EEL AV FLOUNDER AV CR A1A (TURTLEMOUND RD) ENGRAM RD GARFISH AV GRUNION AV GROUPER AV HADDOCK AV HALIBUT AV HERRING AV ATLANTIC SHORELINE KINGFISH AV LADYFISH AV ENGRAM RD MULLET AV ECO/NRMA ECO NRMA REQUEST AREA 1"= 400' I VARIANCE CASE NUMBER V

850 Grouper Avenue. Michael and Beverly Johnson. Carol McFarlane, AICP, Planner II

850 Grouper Avenue. Michael and Beverly Johnson. Carol McFarlane, AICP, Planner II Page 1 of 29 GROWTH AND RESOURCE MANAGEMENT DEPARTMENT PLANNING AND DEVELOPMENT SERVICES DIVISION CURRENT PLANNING ACTIVITY 123 W. Indiana Avenue, DeLand, FL 32720 (386) 943-7059 PUBLIC HEARING: CASE NO: