Variances to setbacks for a house of worship on Rural Residential/Thoroughfare Overlay Zone (RRC) zoned property.

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1 Page 1 of 14 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 14, Planning and Land Development Regulation Commission (PLDRC) V Variances to setbacks for a house of worship on Rural Residential/Thoroughfare Overlay Zone (RRC) zoned property N. Spring Garden Road Avenue, DeLand William Bohlen, agent for owner DeLand Open Bible Church Scott Ashley, AICP, Senior Zoning Manager I. SUMMARY OF REQUEST The applicant is requesting variances to the applicable building setback requirement for a house of worship to allow the property owner to add two new accessory storage sheds to the site. The property is developed with current house of worship. Specifically, the applicant requests the following: 1. Variance to section (11)a. for a north yard setback from the required 50 feet to 13 feet for a proposed 12-foot x 28-foot accessory shed; and 2. Variance to section (11)a. for a north yard setback from the required 50 feet to 8 feet for an existing 18-foot x 20-foot accessory carport structure; and 3. Variance to section (11)a. for a south yard setback from the required 50 feet to 24 feet for a proposed 16-foot x 40-foot accessory shed; and 4. Variance to section (11)a. for an east yard setback from the required 50 feet to 25 feet for a proposed 16-foot x 40-foot accessory shed on Rural Residential/ Thoroughfare Overlay Zone (RRC) zoned property. Staff recommendation: Approve, with staff recommended conditions.

2 Page 2 of 14 II. SITE INFORMATION 1. Location: This property is located on the north side of Spring Garden Avenue (State Road 15A) approximately 1/8 of a mile south from its intersection with Mercers Fernery Road, north of the City of DeLand. Parcel No(s): Property Size: ± 41,382 square feet Council District: 1 Zoning: Rural Residential/Thoroughfare Overlay Zone (RRC) Future Land Use: Rural ECO Overlay: No NRMA Overlay: No Adjacent Zoning and Land Use: DIRECTION ZONING North: A-3C FUTURE LAND USE Rural CURRENT USE Vacant East: RR Rural Developed with accessory structures South: RRC Rural Single-family dwelling West: R-1C Urban Low Intensity Single-family dwelling 10. Location Maps: ZONING MAP FUTURE LAND USE MAP

3 Page 3 of 14 III. BACKGROUND AND PREVIOUS ACTIONS The subject property is located north of the City of DeLand, off SR 15A (Spring Garden Avenue), within a thoroughfare overlay zone. According to the Property Appraiser s records, the property is an existing house of worship constructed in A previous variance was granted to the property owner to permit additions onto principal church building; however, the church did not implement the approved setback variance, and it expired. The property is only 100 feet wide; therefore, any new structures would be unable to meet the 50-foot perimeter building setback required for principal and accessory buildings associated with a house of worship, per Section (11) of the zoning code. As shown on the attached property survey, the present church building does not meet the required 50-foot setback as one building corner is only 6.5 feet from the north lot line. This site is also nonconforming as the property is less the one-acre lot area requirement of the RR zoning classification. A portion of the property was acquired by the State of Florida for the widening of SR 15A. The applicants desire to add two new storage sheds to the property. Neither proposed shed will be able to meet the required 50-foot yard (setback) applicable to houses of worship. On the easterly portion of the property, the applicant wants to replace two existing sheds with one 16-foot x 40-foot shed for the purpose of storing the church s food bank supplies. On the north side of the church building, an existing 18-foot x 20-foot carport structure is only eight feet from the north lot line, while a proposed 12-foot-x 28-foot shed would be sited just west of the carport and 13 feet from the north lot line. Placement of the two structures will not affect the church s existing traffic circulation or the parking stall locations. Since this property is along the thoroughfare of Spring Garden Avenue, it is included in a thoroughfare overlay zone. According to Section of the zoning code, this overlay zone regulates driveway spacing, front yard, landscaping and requirements in order to ensure safe ingress and egress from proposed development, establish a high standard for development (including additional regulations for signage) and create a more attractive streetscape. This section requires a 75-foot west front yard, which supersedes the referenced 50-foot setback of section (11). Per the applicant s plan, both proposed sheds will set back well beyond the 75-foot yard requirement.

4 Page 4 of 14 IV. REVIEW CRITERIA AND ANAYLSIS 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 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. Special conditions exist peculiar to the land as the lot is only 100 feet in width, while the while the applicable building setback required by the zoning code for a house of worship is 50 feet. Staff finds that the application meets this criterion for approval. ii. The special conditions and circumstances do not result from the actions of the applicant. The applicant is not responsible for the above referenced special condition. Staff finds the application meets this criterion for approval. 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 zoning code does place a hardship on the applicant as the combined minimum side yard requirement for a house of worship is 100 feet, but the parcel is only 100 feet wide. No principal or accessory structure can be added to this property, except with a variance. Staff finds the application meets this criterion for approval. iv. The variance granted is the minimum variance that will make possible the reasonable use of the land, building, structure, or sign. The requested variance is the minimum variances necessary for the owner to obtain a building permit for their proposed two accessory structures. As shown on the variance plan, the two structures will observe greater setbacks from their respective north and south property line then current structures. Staff finds the application meets this criterion for approval.

5 Page 5 of 14 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 variance is in harmony with the code, and there are no specific comprehensive plan policies applicable to the requested variance. Staff finds the application meets this criterion for approval. V. STAFF RECOMMENDATION Staff finds that the applicant meets the criteria for approval of the requested variance. Therefore, staff recommends that the PLDRC grant the requested variances to section (11)a. as follows: (1) A north yard setback from the required 50 feet to 13 feet for a proposed 12-foot x 28-foot accessory shed (2) A north yard setback from the required 50 feet to 8 feet for an existing 18-foot x 20- foot accessory carport structure; (3) A south yard setback from the required 50 feet to 24 feet for a proposed 16-foot x 40-foot accessory shed; (4) An east yard setback from the required 50 feet to 25 feet for a proposed 16-foot x 40-foot accessory shed on Rural Residential/Thoroughfare Overlay zone (RRC) zoned property, subject to the following conditions: 1. Prior to the commencement of any site work or construction of site improvements, the applicant shall obtain all required permits for the two proposed accessory storage shed and for the existing accessory carport. 2. The variance approval is to the structures as depicted on the variance survey/site plan stamp received April 29, 2016, prepared by Blackwell and Associates Land Surveyors, Inc. The referenced structures shall not be enlarged, increased, or extended further to encroach or occupy any greater area of the property without approval of a separate variance. 3. As depicted on the variance site plan marked-up of a Blackwell & Associates Land Surveyors, Inc. prepared survey March 3, 2016, the labeled 11.8-foot x 46.7-foot shed and 9.9.-foot x 9.9-foot shed shall be demolished and/or removed from the property. VI. ATTACHMENTS Written Petition Survey Variance Site Plan Map Exhibits

6 Page 6 of 14 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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9 VARIANCE 3 setback from required 50 feet to 24 feet VARIANCE 4 setback from required 50 feet to 25 feet Page 9 of 14 VARIANCE 1 setback from required 50 feet to 13 feet VARIANCE SITE PLAN VARIANCE 2 setback from required 50 feet to 8 feet

10 WALLACE CT GLENWOOD PLANTATION RD SR 15A (SPRING GARDEN AV N) WOODCREST LN Page 10 of 14 LAKE LOUISE SHANE DR LAKE LOUISE LAKE LOUISE FLOYD AV SKY LN VALLEY VIEW LN PEAR TREE LN WILMHURST RD MERCERS FERNERY RD CEDAR RIDGE LN GLEN ROYAL TER POLLARD GROVE DR REQUEST AREA LOCATION 1 " = 4800 VARIANCE I CASE NUMBER V

11 GLENWOOD PLANTATION RD Page 11 of 14 WALLACE CT WILMHUR ST RD SR 15A (SPRING GARDEN AV N) SHANE DR PEAR TREE LN FLOYD AV SKY LN VALLEY VIEW LN WOODCREST LN TANGLEWOOD LN MERCERS FERNERY RD GROVE PARK LN CEDAR RIDGE LN GLEN ROYAL TER POL GR O AERIAL 2015 L ARD VE DR REQUEST AREA 1"= 400' I VARIANCE CASE NUMBER V

12 GLENWOOD PLANTATION RD WALLACE CT Page 12 of 14 R-1C A-3C SHANE DR A-3 R-1 LAKE LOUISE SKY LN FLOYD AV PEAR TREE LN WILMHURST RD VALLEY VIEW LN SR 15A (SPRING GARDEN AV N) RR MERCERS FERNERY RD RRC WOODCREST LN TANGLEWOOD LN GLEN ROYAL TER POLLARD GROVE DR ZONING CLASSIFICATION AGRICULTURAL RESIDENTIAL 1"= 400' I REQUEST AREA VARIANCE CASE NUMBER V

13 SUNSET CT FLOYD AV FLOYD AV FLOYD AV SR 15A (SPRING GARDEN AV N) Page 13 of 14 GLENWOOD PLANTATION RD COM WILMHURST RD SHANE DR WALLACE CT ULI W LAKE LOUISE SKY LN VALLEY VIEW LN PEAR TREE LN R MERCERS HAMMOCK CT MERCERS FERNERY RD SR 15A (SPRING GARDEN AV N) WILMHURST RD MERCERS FERNERY RD WOODCREST LN TANGLEWOOD LN MERCERS FERNERY RD POLLARD GROVE DR GROVE PARK LN CEDAR RIDGE LN GLEN ROYAL TER FUTURE LAND USE DESIGNATION COMMERCIAL URBAN LOW INTENSITY RURAL WATER REQUEST AREA 1"= 500' VARIANCE CASE NUMBER V

14 GLENWOOD PLANTATION RD WALLACE CT SR 15A (SPRING GARDEN AV N) WOODCREST LN POLLARD GROVE DR Page 14 of 14 LAKE LOUISE SHANE DR LAKE LOUISE SKY LN VALLEY VIEW LN FLOYD AV PEAR TREE LN WILMHURST RD MERCERS FERNERY RD CEDAR RIDGE LN GLEN ROYAL TER ECO/NRMA ECO NRMA REQUEST AREA 1"= 400' VARIANCE CASE NUMBER V