1017 S. MILLS AVE. DRIVEWAY

Transcription

1 Staff Report to the Board of Zoning Adjustment January 27, 2015 VAR I TEM # S. MILLS AVE. DRIVEWAY S. MILLS AVE. Location Map S UMMARY Applicant/Owner Jack Elkins Project Planner Jim Burnett, AICP Property Location: 1017 S. Mills Ave. (Parcel ID # , on the east side of S. Mills Ave., north of Delaney Park Dr.)(±0.24 acres, District 4). Applicant s Request: The applicant is requesting a variance of 20 ft. to allow a new semicircular driveway with 22 ft. between driveway openings, where a minimum 42 ft. separation between driveway openings for a single property on the same street is allowed. Subject Site Public Comment Courtesy notices were mailed to property owners within 300 ft. of the subject property the week of January 12, As of the published date of this report, staff has not received any questions or comments about the variance request. Updated: January 9, 2015 Staff s Recommendation: Approval of the variance, subject to conditions in this staff report.

2 Page 2 F UTURE LAND USE MAP SUBJECT PROPERTY Z ONING MAP S. MILLS AVE. S. MILLS AVE. SUBJECT PROPERTY

3 Page 3 P ROJECT ANALYSIS Project Description The subject property consists of a 2-story 1,855 sq. ft. single-family home with an attached 2-vehicle garage on a lakefront lot in the Lake Weldona neighborhood. In 2014, a street tree fell onto the existing semi-circular driveway and the applicant/owner now desires to reconstruct the semi-circular driveway, including adding additional surface. The distance between the two driveway cuts is 22 ft., where a minimum 42-ft. separation is required for driveways on a single property onto the same street. The property is zoned R-1A/T/AN (One-Family Residential, Traditional City Overlay, Aircraft Noise Overlay) and is designated as Residential Low Intensity on the City s Future Land Use Map. Adjacent uses, zoning and future land use designations are per Table 1 below. Table 1 - Project Context Future Land Use Zoning Adjacent Use North Residential Low Intensity R-1A/T/AN (One-Family Residential, Single-Family Home (RES-LOW) Traditional City Overlay, Aircraft Noise Overlay) East RES-LOW R-1A/T/AN Single-Family Homes South RES-LOW R-1A/T/AN Single-Family Home West (Across S. Mills Ave.) RES-LOW R-1A/T/AN Single-Family Home Previous Actions: 1922: Property platted as part of W. A. Stacey s Weldona Subdivision. 1924: Property replatteded as part of Weldona Resubdivision. 1937: Property replatted as a part of the Weldona Replat (Subdivision). 1985: Single-family home constructed. 2008: Current owner purchased the property. 7/2014: Street tree in front of the property, in the R-O-W, failed, removed by City-contracted crews. Conformance with the LDC As previously noted, the property is zoned R-1A and is located in the Traditional City (T) overlay, which denotes those areas located in the older areas of the city platted or developed prior to WW2. The property is also located within the Aircraft Noise (AN) Overlay. With a lot size of 10,611 sq. ft., the 0.24-acre is legally conforming within the R-1A/T/AN zoning district. Analysis As previously noted, a pre-existing tree failed on 7/2014 and was subsequently removed by City-contracted crews. The felled tree damaged the existing semi-circular driveway on the property, so the owner/applicant intends to re-construct and add additional pavement to the driveway. LDC Section requires that minimum driveway separation between two (2) driveway curbcuts on the same property and on the same roadway be no less than 42 ft. The distance between the curb cuts for the existing semicircular driveway is only 22 ft., requiring a variance of 20 ft. (the reconstructed driveway is being placed nearly in the same location as the existing driveway). The property has 85 ft. of frontage on S. Mills Ave. The existing driveway is, per the site survey (on page 4 of this report), ±12 ft. wide closer to the southern lot line, and ±8 ft. wide further north on the lot. The circular portion of the driveway was originally placed to avoid the tree that has since been removed and another street tree further north that was also recently removed. Thus, if the driveway is to be reconstructed, the semi-circular portion could be extended further north to meet Code or come closer to meeting Code (potential lesser variance). Relocating the semi-circular portion of the driveway would also require reconstruction of the adjacent sidewalk, to eliminate Table 2 Front Yard Impervious Area portions that meandered around the now removed street trees in front of the subject Front Setback Area sq. ft. property and removal of a former bus stop near the northern front edge of the property. However, removal and replacement of the northern driveway apron and sidewalk 40% Impervious Limit 776 sq. ft. would pose an additional financial burden on the applicant/owner. Existing sq. ft. LDC Section (f) requires that no more than 40% of the front yard setback Proposed sq. ft. (front 25 ft.) be covered with impervious surface (concrete, asphalt or non-pervious pavers). Even with the slightly increased amount of concrete, the new driveway will be compliant with Code, per Table 2 above. Based on the potential additional financial burden that shifting the driveway to the north would create, staff supports the driveway spacing variance as proposed by the applicant, per the conditions in this staff report (see page 7), including planting of a new tree in the space vacated by the former tree.

4 Page SURVEY Location of former trees that failed and were subsequently removed by City crews. AERIAL PHOTO S. MILLS AVE. SUBJECT PROPERTY

5 Page 5 VAR S. S. Mills Driveway G OOGLE PHOTO Pre-existing semi-circular driveway and tree, 1017 S. Mills Ave. S ITE PHOTOS Tree failure, 7/2014, 1017 S. Mills Ave. Site after tree was removed by City crews.

6 VARIANCE 7 FT. INTO STREET SIDE SETBACK Page 6 VAR S. S. Mills Driveway P ROPOSED SITE PLAN NEW WALKWAY VARIANCE ±22 FT. DRIVEWAY SEPARATION NEW DRIVEWAY SEGMENT NEW TREE TO BE PLANTED IN THIS AREA S ITE PHOTO Frontal view of where the large tree was located and existing (intact) semi-circular driveway.

7 Page 7 FINDINGS AND RECOMMENDATIONS VARIANCE FOR NEW SEMI-CIRCULAR DRIVEWAY Variance of 20 ft. to allow placement of a new semi-circular driveway with 22 ft. between driveway openings, where a minimum 42 ft. between driveway openings is required (per LDC Section ). Staff Recommendation: Approval of the variance, based on the finding that said variance meets all six (6) standards for approval of a variance, subject to the following conditions: 1. Development shall be in strict conformance with all conditions and the survey and photographs found in this report, subject to any modification by the Board of Zoning Adjustment (BZA) and/or City Council. Minor modifications to the approved variance may be approved by the Zoning Official. Major modifications, as determined by the Zoning Official, shall require additional review by the BZA. 2. All applicable City, county, state or federal permits must be obtained before commencing development. 3. Appearance Review will be required during permitting to ensure compliance with the variance conditions. 4. Details shall be consistent with those shown and compatible with the existing driveway. 5. Install one native canopy tree within the center of the circle formed by the new driveway. The tree shall be at least ft. in overall height, with minimum 2-inch caliper. 6. Because the lot is on a lake, it is recommended (not required) that the new driveway be constructed of pervious pavement, in order to mitigate stormwater runoff into the lake. Note to Applicant: The proposed variance only addresses the Land Development Code standards expressly represented in this staff report and any relief to such standards as approved. The relief granted through the variance(s) is restricted to the subject property as noted in the staff report and is not transferable to other parcels of land. The next step in this variance request is City Council consideration of the Board of Zoning Adjustment's recommended action (provided it is not appealed) at an upcoming City Council meeting. Possible City Council approval of this variance request does not constitute final approval to carry out the development proposed in this application. The applicant shall comply with all other applicable requirements of the Land Development Code, including any additional review requirements, and shall receive all necessary permits before initiating development. Please contact the Permitting Services Division of the City of Orlando to inquire about your next steps toward receiving a building permit.

8 Page 8 S TANDARDS FOR V ARIANCE APPROVAL Special Conditions and Circumstances Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. Zoning violations or nonconformities on neighboring properties shall not constitute grounds for approval of any proposed Zoning Variance. Not Self-Created The special conditions and circumstances do not result from actions of the applicant. A selfcreated hardship shall not justify a Zoning Variance; i.e., when the applicant himself by his own conduct creates the hardship which he alleges to exist, he is not entitled to relief. V ARIANCE:ALLOW A NEW SEMI-CIRCULAR D RIVEWAY WITH 22-FT. DRIVEWAY SEPARATION, WHERE A MINIMUM 42 FT. DRIVEWAY SEPARATION IS REQUIRED (VARIANCE OF 20 FT.) Meets Standard Yes No The property consists of a 2-story residential home and attached garage on a pie-shaped lakefront lot in the Lake Weldona neighborhood. The existing driveway and house were constructed in 1985 and recently damaged by a felled tree. Meets Standard Yes No The owner purchased the property in 2008, with the semi-circular driveway in the current configuration, with 22 ft. between the driveway cuts as measured at the lot line. The owner merely wants to remove and reconstruct the driveway in its current configuration. No Special Privilege Conferred Approval of the Zoning Variance requested shall not confer on the applicant any special privilege that is denied by this Chapter to other lands, buildings, or structures in the same zoning district. Meets Standard Yes No Approval of the variance would not be viewed as conferring a special privilege, based on the special conditions of the property and circumstances behind the variance request. Deprivation of Rights Literal interpretation of the provisions contained in this Chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this Chapter and would work unnecessary and undue hardship on the applicant. Financial loss or business competition shall not constitute grounds for approval of any variance. Purchase of property with intent to develop in violation of the restrictions of this Chapter shall also not constitute grounds for approval. Meets Standard Yes No Denial of the variance and/or approval of a lesser variance could put an additional and unforeseen financial burden on the applicant relative to increased cost to extend the driveway to the north and construct new aprons and straightened sidewalks. Minimum Possible Variance The Zoning Variance requested is the minimum variance that will make possible the reasonable use of the land, building or structure. Meets Standard Yes No The variance requested is the minimum possible variance to allow replacement of the driveway in much the same location as the existing driveway. Purpose and Intent Approval of the Zoning Variance will be in harmony with the purpose and intent of this Chapter and such Zoning Variance will not be injurious to the neighborhood or otherwise detrimental to the public welfare. Meets Standard Yes No Approval of the variance would be viewed as being harmonious with the purpose and intent of the Code. Continued use of the property within Code requirements will continue to promote the appearance and character of the immediate neighborhood. Granting the variance would not be detrimental to the public welfare.

9 Page 9 A PPLICANT S RESPONSES TO VARIANCE REQUEST