October 10, 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, Room 202, DeLand, Florida (386) PUBLIC HEARING: CASE NO: SUBJECT: LOCATION: OWNERS: STAFF: October 10, Planning and Land Development Regulation Commission (PLDRC) V Variances to minimum yard requirements for a single-family dwelling on Urban Single-Family (R-3) zoned property John Anderson Drive, Ormond Beach James and Sherry Hogan Michael E. Disher, AICP, Planner III I. SUMMARY OF REQUEST The applicants are requesting variances to the minimum front and waterfront yard requirements on Urban Single-Family (R-3) zoned property. If approved, the variances will allow construction of a single-family dwelling, in keeping with similar properties in the vicinity. The specific variances being requested are described as follows: 1. A variance for a front yard setback from the required 30 feet to 18 feet; and 2. A variance for a waterfront yard setback from the required 25 feet to 10 feet for a new single-family dwelling on Urban Single-Family (R-3) zoned property. Staff Recommendation: Approve the variance requests, case number V , as the application meets all five criteria for granting said variances, subject to the staff recommended conditions.

2 Page 2 of 25 II. SITE INFORMATION 1. Location: West side of John Anderson Drive, beachside on the Halifax River, approximately 5.36 miles north of Granada Boulevard (SR 40), Ormond Beach 2. Parcel Number: Property Size: + 9,125 square feet 4. Council District: 4 5. Zoning: Urban Single-Family (R-3) 6. Future Land Use: Urban Low Intensity (ULI) 7. ECO Map: No 8. NRMA Overlay: Yes 9. Adjacent Zoning and Land Use: DIRECTION ZONING FUTURE LAND USE CURRENT USE North R-3 ULI Vacant East R-3 ULI Single-family dwelling South R-3 ULI Single-family dwelling West Ormond Beach Ormond Beach Halifax River (water) 10. Maps ZONING MAP FUTURE LAND USE MAP

3 Page 3 of 25 III. BACKGROUND AND PREVIOUS ACTIONS The subject property is a legal non-conforming lot located on the eastern bank of the Halifax River in the Ormond-by-the-Sea community. At 9,125 square feet, the property is smaller than the 10,000 square foot minimum lot size of the R-3 zoning classification. As shown on the survey and site photos, it is a long, shallow rectangular lot with a coquina rip-rap revetment along the bank of the river. The rip-rap continues along the shore of the property to the north. The lots north and south of the rip-rap have concrete seawalls that extend the developable lot area further west of the subject property. The property s western lot line lies at the foot of the rip-rap slope. The property lies within the Natural Resource Management Area (NRMA) overlay, which is intended to protect environmentally sensitive areas. This stretch of the Halifax River is designated by the state as an Outstanding Florida Water. The NRMA overlay requires an upland buffer of 50 feet. The existing revetment was also required by NRMA and FDEP in lieu of a seawall, in conjunction with the dock and wetland alteration. In 2016, the subject property was foreclosed upon and acquired by M&T Bank. In order to effectively market and sell the property, bank representatives met with staff in February 2017 to review county development requirements and assess whether any variances would be needed to develop the property. The applicants and bank representatives met with staff in June 2017 to review the county requirements and variance procedures before deciding whether to purchase the property. The applicants subsequently purchased the property in July 2017, and submitted the variance application on August 23, The application contains the proposed variance site plan, architectural elevations, and responses to the variance criteria. III. REVIEW CRITERIA AND ANALYSIS Applicable Code Requirements Section requires a minimum yard size (setback) of 30 feet for the front yard and 25 feet for the waterfront yard in the R-3 zone. By code definition, a waterfront yard is any yard abutting a natural or artificial body of water or a watercourse. Pursuant to section

4 Page 4 of , waterfront yards are measured from the seawall. Since 2005, the county has applied this requirement to revetments as well, measuring the waterfront yard from the top of the embankment. Variance Site Plan The plan provided with the variance application shows the layout of the proposed singlefamily dwelling in relation to the rip-rap revetment and lot lines. The proposed dwelling is roughly centered on the lot measured from the front and waterfront property lines. The front wall of the house, including the front port porch, is proposed at approximately 18 feet from the front property line. The rear of the home is proposed at 23.3 feet from the waterfront property line and 10 feet at its closest point to the top of the rip-rap revetment. Variance Criteria Section (1)a.4 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. A feature that is peculiar to this lot, in comparison to a typical R-3 zoned lot, is its long width and shallow depth. The existing and required dimensions are shown on the table below.

5 Page 5 of 25 Dimension R-3 Classification Subject Property Lot Area 10,000 sq. ft. 9,125 sq.ft. Lot Width 85 feet 125 feet Lot Depth feet 73 feet to property line 61 feet to top of bank Buildable Lot Depth feet 6 feet Buildable Lot Area 3,500 sq. ft. (35% max. lot coverage) 630 sq. ft. (6 ft. x 105 ft.) While other lots to the north and south have a similar configuration, the usable area of the subject lot is further reduced by presence of the rip-rap revetment, which occupies the rear 12 feet of the property measured from the property line. The developable depth of the property was limited by the 1998 wetland alteration permit conditions, which required that a coquina rip-rap revetment be installed rather than a concrete seawall. The zoning code does not compensate for the loss of this area, requiring the waterfront yard to be measured from the upland edge of the revetment. The width and slope of this revetment resulted in less usable depth of the remaining upland, compared to nearby waterfront lots with a concrete seawall, such as the lot to the south. Staff finds the variances meet this criterion. ii. The special conditions and circumstances do not result from the actions of the applicant. The applicants purchased the property in July They are not responsible for the existing conditions and special circumstances of the property. They were, however, aware of these conditions before they purchased the property. Regardless, the variances are needed to realize the fundamental development rights of the property as permitted by the R-3 zoning classification. Staff finds that the variances 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.

6 Page 6 of 25 Literal interpretation of the minimum yard size provisions of the zoning code would result in a home only six feet in depth from front to back. Staff finds that the variances 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. As shown on the variance site plan, the proposed home is roughly centered on the property between the front and waterfront lot lines. The position of the home will provide a minimum of 10 feet from the top of bank, while maximizing the distance from the front property line. The proposed setbacks will enable a house with a depth of between 25 and 28 feet. Staff finds that the variances 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. Many properties located on the west side of John Anderson Drive have received variances because of their narrow lot depth. The development pattern along John Anderson Drive will be unchanged if the variances are granted. The proposed variances are no different. Staff finds that the variances meet this criterion. IV. STAFF RECOMMENDATION Approve the variance requests, case number V , as the variances meet all five criteria for granting said variances, subject to staff conditions as follows: 1. The proposed single-family dwelling unit shall maintain the minimum yard requirements and other dimensional standards of the R-3 zoning classification except as authorized by the subject variance. 2. Prior to the commencement of any site work or construction of site improvements, the applicants shall obtain all required building and environmental permits, and comply with all applicable fees, codes, and ordinances. 3. Given the location of the property in the Natural Resource Management Area, future development shall comply with the following environmental protection requirements: a. Exterior structures, such as pools, shall be prohibited in the wetland buffer to minimize wetland buffer impacts as much as possible; b. All guttering shall be directed toward a retention pond to keep the runoff/stormwater from entering the Halifax River; and c. Stem wall construction shall be utilized to reduce the amount of fill in the wetland buffer.

7 Page 7 of 25 VI. ATTACHMENTS Written Petition Survey Variance Site Plan Architectural Elevations Environmental Staff Comments Site Photos from Applicant Additional Site Photos Map Exhibits VII. AUTHORITY AND PROCEDURE Pursuant to Section , the County Council shall hold a public hearing after due public notice on all recommendations from the commission. It may accept, reject, modify, return, or seek additional information on those recommendations. No approval of a special exception application shall be made unless, upon motion, four members of the county council concur. The county council will thereafter forward its decision to the applicant. Any new information to be presented at the planning and land development regulation commission for any application will be grounds to continue an application to the next planning and land development regulation commission. Applicants shall inform and provide staff with the new information prior to the planning and land development regulation commission. Any new information to be presented at the county council meeting that was not previously presented to the planning and land development regulation commission for any application will be grounds to return an application to the planning and land development regulation commission for further review. Applicants shall inform and provide staff with the new information prior to the council meeting.

8 Page 8 of 25 Current Planning Received August 23, 2017

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11 Page 11 of 25 6 ft Front Yard Variance Request 18 ft SITE PLAN Waterfront Yard Variance Request 10 ft 25 ft Required Waterfront Yard Required Front Yard 30 ft

12 Current Planning Received August 23, 2017 Page 12 of 25

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16 Page 16 of 25 Inter-Office Memorandum TO: Mike Disher, Planner III DATE: September 5, 2017 FROM: Keith Abrahamson, Environmental Specialist III SUBJECT: Planning & Land Development Regulation Commission meeting for Date: October 10, 2017 Parcel #: Case #: Z Environmental Permitting (EP) has reviewed the application and conducted a site visit in regards to the variance request. The rear yard is along the Halifax River which requires a 50 foot wetland buffer. The proposed single family residence will impact the wetland buffer and will require a wetland alteration permit. A tree removal permit will also be required. Mitigation for any impacts to the wetland and buffers will be addressed at the time of building permit review. EP has no objection to this variance request. However, the applicant needs to be aware that all Land Development Regulations apply to this parcel in regards to trees and wetlands. If the PLDRC is to grant this variance request, then EP would like the following conditions included in the variance: 1. Prohibit exterior structures, such as pools, in the wetland buffer to minimize wetland buffer impacts as much as possible. 2. Provide all guttering to be directed toward a retention pond to keep the run-off/stormwater from entering the Halifax River. 3. Provide stem wall construction in order to reduce the amount of fill in the wetland buffer.

17 Page 17 of 25 SITEPHOTOS 2802JohnAndersonDrive

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20 Page 20 of 25 Site Photos 2802 John Anderson Drive Looking north, subject property at left Subject property, looking west Subject property, looking southwest

21 Page 21 of 25 SAND DOLLAR DR VIA MADRID DR SR A1A (OCEAN SHORE BLVD) AVALON DR CAPRI DR CR 2803 (JOHN ANDERSON DR) BARRIER ISLE DR MARLIN DR SANDPIPER RIDGE DR CR 2802 (BEAU RIVAGE DR) SAND DUNES DR OCEAN GROVE DR PIERSIDE DR RIVERWALK CT MARINERS DR ATLANTIC SHORELINE ATLANTIC OCEAN TOMOKA BASIN HALIFAX RIVER SURFSIDE DR IMPERIAL HEIGHTS DR SUNNY BEACH DR OCEAN CIR DUNES CIR ANCHOR DR SAN JOSE CIR SR A1A (OCEAN SHORE BLVD) SAN JOSE DR CR 4001 (JOHN ANDERSON DR) JUNIPER DR ORMOND BEACH WISTERIA DR CAMELLIA DR BERKLEY RD BRIGGS DR RAYMONDE CIR OAKVIEW CIR SUNRISE AV REQUEST AREA LOCATION 1 " = 1000' I VARIANCE CASE NUMBER V

22 Page 22 of 25 CR 2803 (JOHN ANDERSON DR) CR 2802 (BEAU RIVAGE DR) SAND DUNES DR OCEAN GROVE DR PIERSIDE DR CR 4001 (JOHN ANDERSON DR) RIVERWALK CT MARINERS DR ANCHOR DR BAHAMA CIR NASSAU CIR BIMINI CIR FRIENDLY CIR SURFSIDE DR MONTEREY CIR EVERGREEN CIR IMPERIAL HEIGHTS DR SUNNY BEACH DR DUNES CIR OCEAN CIR AERIAL 2015 REQUEST AREA ORMOND BEACH I 1"= 400' VARIANCE CASE NUMBER V

23 Page 23 of 25 CR 2802 (BEAU RIVAGE DR) SAND DUNES DR R-6 OCEAN GROVE DR PIERSIDE DR R-4 MARINERS DR BAHAMA CIR RC R-3 CR 4001 (JOHN ANDERSON DR) SURFSIDE DR ANCHOR DR SUNNY BEACH DR 999 ZONING CLASSIFICATION RESIDENTIAL RESOURCE CORRIDOR REQUEST AREA ORMOND BEACH I 1"= 400' A NCHOR D R VARIANCE CASE NUMBER V

24 Page 24 of 25 CR 2802 (BEAU RIVAGE DR) SAND DUNES DR OCEAN GROVE DR PIERSIDE DR UHI RIVERWALK CT ULI MARINERS DR UMI ANCHOR DR BAHAMA CIR W ESC BIMINI CIR EVERGREEN CIR SURFSIDE DR IMPERIAL HEIGHTS DR CR 4001 (JOHN ANDERSON DR) SUNNY BEACH DR OCEAN CIR ANCHOR DR DUNES CIR FUTURE LAND USE ENVIRONMENTAL SYSTEMS CORRIDOR URBAN HIGH INTENSITY URBAN LOW INTENSITY URBAN MEDIUM INTENSITY WATER REQUEST AREA I 1"= 400' ORMOND BEACH VARIANCE CASE NUMBER V

25 Page 25 of 25 CR 2802 (BEAU RIVAGE DR) SAND DUNES DR OCEAN GROVE DR PIERSIDE DR RIVERW A LK CT CR 4001 (JOHN ANDERSON DR) MARINERS DR ANCHOR DR BAHAMA CIR SURFSIDE DR IMPERIAL HEIGHTS DR FRIENDLY CIR OCEAN CIR SUNNY BEACH DR ANCHOR DR DUNES CIR ECO/NRMA ECO NRMA REQUEST AREA 1"= 400' I VARIANCE CASE NUMBER V ORMOND BEACH