August 13, Planning and Land Development Regulation Commission (PLDRC)

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1 Page 1 of 16 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: August 13, Planning and Land Development Regulation Commission (PLDRC) V Variance to allow the maximum allowable size for an accessory structure on Urban Single-Family Residential (R-3) zoned property James Street, New Smyrna Beach Donald and Diane Hastings Donald and Diane Hastings Carol McFarlane, AICP, Planner II I. SUMMARY OF REQUEST The applicant is requesting a variance to exceed the maximum size threshold under Section (d) of the zoning code for a 30-foot by 40-foot metal accessory structure on the subject property. The maximum allowable cumulative size of all accessory structures on a lot less than one acre in this zoning classification is 50% of the size of the principal structure, which in this case would be 800 square feet. There is an existing 120 squarefoot shed and the proposed 1,200 square-foot metal shed would have the cumulative square foot area of 1,320 square-feet, or 82.5% of the size of the principal structure. The requested variance is: A variance to section (d) to allow the cumulative area of all accessory structures to exceed the maximum allowed 800 square feet to 1,320 square feet on Urban Single-Family Residential (R-3) zoned property. Staff recommendation: Denial, as the variance request does not meet the five criteria for the granting of a variance. Page 1 of 4

2 Page 2 of 16 II. SITE INFORMATION 1. Location: The property is located on the east side of James Street, approximately 180 feet south of its intersection with Josephine Street, in the New Smyrna Beach area. 2. Parcel No(s): Property Size: ± 28,350 square feet 4. Council District: 3 5. Zoning: R-3 6. Future Land Use: ULI 7. ECO Overlay: No 8. NRMA Overlay: No 9. Adjacent Zoning and Land Use: DIRECTION ZONING FUTURE LAND CURRENT USE USE North: R-3 ULI Single Family Residences East: R-3 ULI Single Family Residences South: R-3 ULI Single Family Residence West: R-3 ULI Vacant Residential 10. Location Maps: ZONING MAP AERIAL MAP III. BACKGROUND AND PREVIOUS ACTIONS The subject property consists of three lots from the Spanish Mission Heights, Unit 2 plat, which were combined into one buildable site in The property is 150 feet wide by 200 feet deep, as platted. There is a ditch that runs along the eastern parcel boundary that connects to a wetland system. The single-family residence on the property was built in 1973, and the property also includes a semi-circular driveway and a 120 square-foot shed Page 2 of 4

3 Page 3 of 16 (not shown on the survey) that was permitted in The applicant purchased this property by warranty deed in December of According to section (1)(d) of the zoning ordinance, the cumulative area of accessory structures shall not exceed 50 percent of the square foot area of the principal structure on lots that are less than one acre, and within certain zoning classifications. This requirement was adopted into the code in With the single-family residence at 1,600 square feet, a total of 800 square feet of accessory structures is allowed. Since there is already a 120-square-foot shed on the site, the size of an additional accessory structures is limited to 680 square feet. The applicant is requesting a variance to allow a 1,200 squarefoot metal structure on the subject property, which will be used to store various tools and vehicles. 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 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. The subject property is typical of the lots found in the R-3 zoning classification and is generally flat, free of obstructions, and is rectangular in shape. There are no special conditions or circumstances peculiar to the land that would require a larger accessory structure. It is the applicant s choice to propose a larger than allowed accessory structure. Staff finds that the requested variance does not meet this criterion. ii. The special conditions and circumstances do not result from the actions of the applicant. There are no special conditions or circumstances. Staff finds that the requested variance does not 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. Literal interpretation of the provisions of this ordinance would require that the cumulative size of all accessory structures be no larger than half the size of the principal structure. This requirement is applied to all lots less than one acre in size. No hardship can be identified that would justify a necessity of having a larger than allowed accessory structure. Staff finds that the requested variance does not meet this criterion. Page 3 of 4

4 Page 4 of 16 iv. The variance granted is the minimum variance that will make possible the reasonable use of the land, building, structure, or sign. The property can currently be developed with a detached structure of up to 680 square feet, or an attached structure can be built onto the house as an addition. Staff finds that the requested variance does not meet this criterion. 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. This request will have a visual impact on the surrounding area in that a metal building of similar size and mass to a principal structure will be erected as an accessory structure. No other impacts are expected. Any impact in the wetland buffer along the east side of the property would be processed as a wetland alteration during the building permit review. Staff finds that the requested variance does not meet this criterion. IV. STAFF RECOMMENDATION Staff recommends denial of section (d) to allow the cumulative area of all accessory structures to exceed the maximum allowed 800 square feet to 1,320 square feet on Urban Single-Family Residential (R-3) zoned property, because it does not meet all five criteria for the granting of a variance. VI. ATTACHMENTS Variance site plan Written petition Site Photos 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 4 of 4

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10 Page 10 of 16 Inter-Office Memorandum TO: Scott Ashley, Planning Manager DATE: July 19, 2013 FROM: SUBJECT: Danielle Dangleman, Environmental Specialist III Planning & Land Development Regulation Commission meeting for Date: August 13, 2013 Parcel #: Case #: V Owners Donald and Diane Hastings Environmental Permitting (EP) visited the subject site on January 24, 2012 for a different shed, building permit number Upon that site inspection, it was noted that the rear yard is mostly mowed grass with the exception of a few trees in the south east corner. There is also a ditch that runs along the rear of the parcel that connects to a mixed wetland hardwood system. This wetland system has a 25-foot buffer associated with it that extends onto this parcel. EP has no objection to this variance; however the owners should be aware that staff will require avoidance and minimization of wetland and buffer impact. A wetland alteration permit must be issued with possible mitigation assessed, if the shed must be placed in the wetland buffer. The applicant will be required to meet all applicable requirements of the Land Development Code at the time of building permit application.

11 Page 11 of 16 Area of proposed site, pink flags represent approximate location Front view of residence View of backyard from proposed site View of south side of property from James Street

12 Page 12 of 16 Accessory structure located on 1241 James Street Accessory structure located on 1163 James Street Accessory structure located on 1217 James Street

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