PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT ZONING DIVISION

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1 PALM BEACH COUNTY PLANNING, ZONING AND BUILDING DEPARTMENT ZONING DIVISION ADMINISTRATIVE VARIANCE TYPE I B - STAFF PUBLIC MEETING STAFF REPORT (Revised 11/13/2012) 11/15/2012 AGENDA ITEM CODE SECTION REQUIRED PROPOSED VARIANCE AVB Interior side setback feet 9.9 feet feet Rear Setback feet 22 feet feet Floor Area Ratio Building Coverage 15% SITUS ADDRESS: Via Rio, Jupiter, FL AGENT NAME & ADDRESS: Chris Barry Jon E Schmidt & Associates 2247 Palm Beach Lakes Blvd West Palm Beach FL OWNER NAME & ADDRESS: R Neill Borland Via Rio Dr Jupiter FL PCN: ZONING DISTRICT: Agriculture Residential (AR ) BCC DISTRICT: % +9.3% PROJECT MANAGER: Inna Stafeychuk, Zoning Technician LEGAL AD: AVB Jon E. Schmidt agent, R. Neill Borland owner, to allow an existing single family dwelling and the proposed additions to encroach into the required side interior and rear setbacks, to allow an increase in the maximum FAR, and to allow an increase in the maximum building coverage. LOC: Via Rio. Approximately 0.06 miles E of Loxahatchee River Road and on Via Rio Road within Via Rio Subdivision in the AR Zoning District. (Petition ). LAND USE: Low Residential 3 DU/Acre (LR-3) and S/T/R: Medium Residential 5 DU/Acre ( MR-5) CONTROL #: LOT AREA: LOT DIMENSIONS: CONFORMITY OF LOT: CONFORMITY OF ELEMENT: TYPE OF ELEMENT: ELEMENT SIZE: 0.37 acre Approximately 154 feet by 100 feet Non-conforming Non-conforming Addition to an exisingsingel family dwelling (SFD) 361square foot addition BUILDING PERMIT #: B NOTICE OF VIOLATION: CONSTRUCTION STATUS: APPLICANT REQUEST: None Existing and Proposed 1) to allow a 5.15-foot reduction in the required side interior setbacks; 2) to allow a 8.68-foot reduction in the required rear setback; 3) to allow a 0.06 increase in the maximum allowed floor area ratio; 4) to allow a 9% increase in the maximum allowed building coverage. 6

2 STAFF SUMMARY The subject property consists of approximately 0.37 acres and is located at Via Rio (Figure 1), in the Agricultural Residential (AR) Zoning District (Figure 2). The rear of the property is adjacent to the Loxahatchee River. The original zoning of the property was R-1 AA, Single Family Dwelling District. Palm Beach County subsequently rezoned this property to AR which created various nonconformities on this property and adjacent lots. Therefore the Applicant is requesting variances to allow an existing single family dwelling and proposed additions to encroach into the required side interior and rear setbacks, and to exceed the maximum allowed floor area ratio (FAR) and building coverage. Figure 1. Aerial view of the property. o History Figure 2. Zoning District Map of Palm Beach County (portion of Zoning Quad 25) The original building permit for the house (B-49542) was approved in The house was constructed consistent with the property development regulations for the R-1 AA District. The Applicant has provided Staff with the building permits for the subject property as well as neighboring properties. Most of the neighbors' properties are of similar size and development type. The applications were approved in the period from 1971 till The following single family Zoning Districts: R-1A (Single Family Dwelling District), R-1 AA, and RS (Residential Single Family District) are listed on the permit applications. Moreover the Applicant found some inconsistencies with the setbacks that were applied to each individual parcel and provided details in the justification statement. 7

3 Pursuant to the Zoning District Map of Palm Beach County (Figure 2) four properties within the Via Rio Subdivision are zoned RS, and the rest are zoned AR. Additionally, properties north and east of the Via Rio Subdivision are zoned RS. Had the property been rezoned to the RS with the rest of properties on the north, the house with the additions would have met the minimum property development regulations for the RS district under the current version of the ULDC. o Justification for variances The existing house has already encroached into the required side interior setbacks and exceeded the maximum allowed FAR and building coverage as a result of the property being rezoned to AR. The owner proposes a total of 361 square feet of additions to the existing house that will encroach into the required rear setback and further increase FAR and building coverage. In order to get Building Permit for the additions to be approved the Applicant requests four variances as following: o Setbacks Pursuant to Article 1 of the Unified Land Development Code (ULDC), Non-Conforming Lot, the existing house and proposed additions are required to be located a minimum of feet from the side interior property line and a minimum of feet from the rear property line. The existing home has already encroached 5.15 feet into the required side interior setback. One of the proposed extensions will encroach 8.68 feet into the required rear setback. Therefore the Applicant is requesting a 5.15 foot variance for the side interior setbacks, and a 8.68 foot variance for the rear setback. o Maximum building coverage and FAR Pursuant to Article 3 of the ULDC, Property Development Regulations, the maximum allowable building coverage for the subject parcel is 15%, and the maximum FAR is However, the existing nonconforming principal structure currently has 22.1% building coverage, and a FAR of The proposed 361 square feet of additions will increase the building coverage to 24.3% and the FAR to Therefore the Applicant is requesting a 9.3% variance from the maximum building coverage, and 0.06 variance from the maximum FAR. 8

4 Figure 3. Site Plan 9

5 STAFF RECOMMENDATIONS When considering a Development Order application for a Type IB Variance, the Zoning Director shall consider Standards 1 through 7 listed under Article 2.D.3.G.2 of the ULDC. The Standards and Staff Analyses are as indicated below. A Type IB Variance which fails to meet any of these Standards shall be deemed adverse to the public interest and shall not be approved. Based upon the satisfaction of the Standards by the Applicant, Staff recommends approval of the request subject to two Conditions of Approval. ANALYSIS OF ARTICLE 2, SECTION 2.D.3.G.2 VARIANCE STANDARDS 1. SPECIAL CONDITIONS AND CIRCUMSTANCES EXIST THAT ARE PECULIAR TO THE PARCEL OF LAND, BUILDING OR STRUCTURE, THAT ARE NOT APPLICABLE TO OTHER PARCELS OF LAND, STRUCTURES OR BUILDINGS IN THE SAME ZONING DISTRICT: Yes. The Building Permit B for the house was approved in The house was permitted and built to meet setbacks for R-1 AA, Single Family Dwelling District. The maximum lot coverage and the maximum FAR were not restricted in that Zoning District. After the house was built the County rezoned this property and 9 lots within this subdivision to AR leaving 4 adjacent properties within the RS District (Figure 2). The rezoning rendered the property non-conforming. Had the property been rezoned to the RS - Single Family Residential Zoning District, the house with the additions would have met the minimum property development regulations for the RS district under the current version of the ULDC. Thus the conditions and circumstances detailed above are peculiar to the subject property. 2. SPECIAL CIRCUMSTANCES AND CONDITIONS DO NOT RESULT FROM THE ACTIONS OF THE APPLICANT: Yes. The rezoning from to R-1AA District to the AR District after the house was constructed was not the result of the actions of the Applicant. As previously indicated the rezoning was initiated by the County. Had the residential single family zoning on the parcel been retained there would be no need to request these variances. 3. GRANTING THE VARIANCE SHALL NOT CONFER UPON THE APPLICANT ANY SPECIAL PRIVILEGE DENIED BY THE COMPREHENSIVE PLAN AND THIS CODE TO OTHER PARCELS OF LAND, BUILDINGS OR STRUCTURES IN THE SAME ZONING DISTRICT: Yes. The adjacent properties were developed utilizing the RS Zoning Districts setbacks. These houses have side interior setbacks of 7.5 and 10.5 feet respectively (Building Permits B , B , B ). Furthermore, two substantially larger properties were allowed to be developed with 7.5 feet and 9 feet side interior setbacks (Building Permits B and B ). The property was originally approved with a 15 foot rear setback. Two neighboring houses have approved rear setbacks of 15 and 11 feet (B and B ). Therefore granting these variances will not confer any special privileges denied by the Comprehensive Plan or the ULDC to other parcels of land in the same zoning district. 4. LITERAL INTERPRETATION AND ENFORCEMENT OF THE TERMS AND PROVISIONS OF THIS CODE WOULD DEPRIVE THE APPLICANT OF RIGHTS COMMONLY ENJOYED BY OTHER PARCELS OF LAND IN THE SAME ZONING DISTRICT, AND WOULD WORK AN UNNECESSARY AND UNDUE HARDSHIP: Yes. A literal interpretation of the Code would require the application of the increased setbacks pursuant to the requirements for the AR Zoning District. As previously mentioned the property was initially developed utilizing the setback requirements for R- 1AA Zoning District. The application would work an undue hardship as it would prohibit the use of the property in a manner similar to other homes the surrounding area. The proposed additions will accommodate the increased size of the Applicant's family. These additions would not be permitted without granting the variances. Therefore the literal interpretation and enforcement of the terms and provisions of the ULDC would deprive the Applicant and his new family members of rights commonly enjoyed by other parcels of land in the same zoning district. 5. GRANT OF VARIANCE IS THE MINIMUM VARIANCE THAT WILL MAKE POSSIBLE THE REASONABLE USE OF THE PARCEL OF LAND, BUILDING OR STRUCTURE: Yes. These proposed additions will not create further encroachments into the required side interior setbacks, but will create a 8.68 feet encroachment into the required rear setback and further increase the building coverage by 2.2% and FAR by The Applicant presented a letter from the architect explaining the layout of the extensions. The proposed configuration minimizes the disruption to the existing layout without disrupting the roof design or exterior appearance. The grant of the variance is the minimum variance that makes possible a reasonable use of the land and the structure. 6. GRANT OF THE VARIANCE WILL BE CONSISTENT WITH THE PURPOSES, GOALS, OBJECTIVES, AND POLICIES OF THE COMPREHENSIVE PLAN AND THIS CODE: Yes. The requested variances are consistent with the goals and policies of the Comprehensive Plan and the ULDC. A single family home is recognized as a principal use in residential districts. The limitations related to the maximum building coverage and FAR are more applicable to typical AR zoned parcels which are much larger than the subject site. Therefore, taking into consideration the history of the property, allowing the existing house and expansions to encroach into the required side interior setbacks, and to allow increases in the maximum FAR and building coverage are consistent with Comprehensive Plan and the ULDC. 10

6 7. THE GRANT OF THE VARIANCE WILL NOT BE INJURIOUS TO THE AREA INVOLVED OR OTHERWISE DETRIMENTAL TO THE PUBLIC WELFARE: Yes. Granting of the variance will not be injurious to the area involved or otherwise detrimental to the public welfare. The proposed additions will not further encroach into the side interior setbacks and will not be injurious to the area. Additionally, there are dense vegetation buffers along the northern and southern property lines that screen the existing house and will screen the proposed additions (Figures 4 and 5). The Loxahatchee River also runs along the rear of the property so there is no impact along the east property line. Figure 4. Vegetation buffer along northern property line. Figure 5. Vegetation buffer along southern property line. DEVELOPMENT ORDER The Development Order for this particular variance shall lapse November 15, 2013, one year from the approval date. ADMINISTRATIVE VARIANCE TYPE I B STAFF PUBLIC MEETING CONDITIONS 1. At the time of submittal for a Building Permit, the Property Owner shall provide the Building Division with a copy of the Administrative Variance Staff Public Meeting Result Letter and a copy of the survey dated October 17, (BLDG PERMIT: BLDG - Zoning) 2. Prior to November 15, 2013, the Property Owner shall obtain a Building Permit for the 361+ square feet additions to the main residence. (DATE: BLDG - Zoning) 11