April 12, 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, Room 202, DeLand, FL (386) PUBLIC HEARING: CASE NO: SUBJECT: LOCATION: APPLICANT/ OWNER: STAFF: April 12, Planning and Land Development Regulation Commission (PLDRC) V Variance to separate lots on Transitional Agriculture (A-3) zoned property Ann Avenue, DeLeon Springs Michael J. Wheeler Danalee Petyk, Planner II I. SUMMARY OF REQUEST The applicant is requesting a variance to the provision of Section (1) Nonconforming lots to separate lots under the zoning code. The property consists of eight platted lots zoned with the A-3 classification, which has a minimum lot size of one acre. Approval of this variance request will allow the owner to apply for a building permit to install an accessory swimming pool. Specifically, the applicant is requesting the following variance: A variance to Section (1) Nonconforming lots to separate parcels , , , and on Transitional Agriculture (A- 3) zoned property. Staff Recommendation: Approval with conditions.

2 Page 2 of 16 II. SITE INFORMATION 1. Location: The property is located on the north side of Ann Avenue at its intersection with Clark Street, in DeLeon Springs. 2. Parcel Number: Property Size: + 24,000 square feet 4. Council District: 1 5. Zoning: Transitional Agriculture (A-3) 6. Future Land Use: Rural (R) 7. ECO Map: No 8. NRMA Overlay: No 9. Adjacent Zoning and Land Use: DIRECTION ZONING FUTURE LAND CURRENT USE USE North A-3 R Single-family dwelling East A-3 R Single-family dwelling South A-3 R Single-family dwelling West A-3 R Single-family dwelling 10. Location Maps ZONING MAP FUTURE LAND USE MAP

3 Page 3 of 16 III. BACKGROUND AND PREVIOUS ACTIONS The subject property consists of Lots 17 through 24 of Block 89, 5th Division of the DeLeon Springs Heights Subdivision, which was approved and recorded in August 1925, prior to current zoning regulations. The platted subdivision consists of lots 25 feet wide and 120 feet deep. Currently, the area is under the A-3 zoning classification, which requires a minimum lot size of one acre and a minimum lot width of 150 feet, rendering the existing lot pattern nonconforming. Prior to the applicant s purchase of the subject property (parcel ), the property was under common ownership with the adjacent properties to the west (parcels and ) and the north (parcel ). The original lot consisted of Lots 21 to 24, Block 89, 5th Division of DeLeon Springs Heights Subdivision and was a good lot of record when the existing home was built. A previous property owner to the applicant purchased the parcel to the north, consisting of Lots 17 to 20, and combined it with Lots 21 to 24, bringing the parcel closer to conforming status in regards to lot size of the A-3 zoning district. The property that consisted of Lots 17 to 20 was owned in conjunction to the surrounding properties listed above, thus any future property owner would not be able to obtain a good nonconforming lot letter. Further, the surrounding parcels have existing residences on them and would not be combinable with the subject property. Adjacent Property Adjacent Property Adjacent Property Subject Property

4 Page 4 of 16 The applicant is unable to obtain a good nonconforming lot letter due to the previous common ownership. In order for the applicant to obtain a building permit for his property and legitimize the nonconforming lot, he must formally separate the once commonly owned lots. The purpose for this variance application is to allow the four parcels to exist separately as legal nonconforming lots. This will allow the issuance of building permits in the absence of a nonconforming lot letter. IV. REVIEW CRITERIA AND ANALYSIS 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 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. The subject property is nonconforming in both area and width. The lot was previously owned in conjunction with the adjoining parcels to the west and north. Section (1) states: If two or more lots and/or combinations of lots and/or portions of lots that abut in single ownership existed on the effective date of adoption or amendment of this article, or if such lots and/or portions thereof are subsequently combined in single ownership with other adjoining lots, and if all or part of the lots do not meet the requirements for lot width or lot area, then the lands involved shall be considered to be an undivided lot for the purpose of this article. No portion of said undivided lot shall be sold or subdivided in a manner which does not comply with the lot width or lot area requirements established by division 7 of this article. Thus, the property was required to remain under single ownership with the properties to the west and north. However, the lots have changed ownership since being owned in conjunction with the adjacent lots. The current owner s goal is to obtain a building permit to install a swimming pool. He will not be able to achieve this, or obtain any other building permits, unless a variance is granted to allow the subject property to be formally separated from Lots 25 through 28, Block 89, 5 th Division of DeLeon Springs Heights Subdivision; Lots 29 through 32, Block 89, 5 th Division of DeLeon Springs Heights; and Lots 16, Block 89, 5 th Division of DeLeon Springs Heights Subdivision. Staff finds that this variance does meet this criterion.

5 Page 5 of 16 ii. The special conditions and circumstances do not result from the actions of the applicant. The current owner was unaware that the lot he purchased was nonconforming and he would be unable to obtain a building permit. The lot pattern of the area is inconsistent; however, other lots exist that are similar in size and would support this to be a buildable lot. Further, the subdivision of the lots into separate, nonconforming parcels was not the result of the applicant s actions but of previous owners. Staff finds that this variance does 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 code requirements would require the owner to attempt to purchase the adjacent parcels to the west and north and combine the lots. However, the adjacent parcels have existing structures and would not be combinable with the subject property. As the applicant would be unable to do this, and that several existing lots within the neighborhood have existing homes and accessory structures, this would deprive him of rights commonly enjoyed by other properties in the same zoning classification. Staff finds that this variance does 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. The variance request is the minimum variance that will allow parcel to be separated and thus be considered a legal nonconforming lot. Staff finds this variance does 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. Granting this variance will allow the owner to obtain building permits for his property as it would create a legal nonconforming lot. The neighborhood is already developed with several homes on similar, or smaller sized, lots that have accessory structures. This variance will be in harmony with the general development pattern of the subdivision and will not be injurious to the area. Staff finds this variance does meet this criterion.

6 Page 6 of 16 V. STAFF RECOMMENDATION Staff finds the applicant has met all five criteria for granting the variances. Therefore, staff recommends to the Planning and Land Development Regulation Commission (PLDRC) approval of the variance to Section (1) Nonconforming lots to separate parcels , , , and on A-3 zoned property with the following condition: 1. The applicant shall combine Lots 17 to 24, Block 89, 5 th Division of DeLeon Springs Heights into one unified building site with the Land Development office. VI. ATTACHMENTS Written Petition Nonconforming Lot Letter Survey Concept Plan 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.

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11 CONCEPT PLAN Page 11 of 16 Proposed Swimming Pool

12 EAST AV BETTY ANN LN WEST ST CHEYENNE DR WALTER ST CLARK ST MITCHELL ST RAY ST Page 12 of 16 LAKE DIAS LAKE DIAS VISTA WAY CHEROKEE DR SEMINOLE DR FARRELL DR ARAPAHO DR BOYER AV BOYER AV RENBAR RD JOYCE LN LUE GIM GONG ST ANN AV JAMES ST CR 4030 (SPRING GARDEN RANCH RD) WEST ST CR 4030 (ARREDONDO GRANT RD) G O OD EARTH DR NEW JERSEY AV OHIO ST SPRING GARDEN RANCH RD GRAY RD REQUEST AREA LOCATION 1 " = 1000' I VARIANCE CASE NUMBER V

13 CLARK ST WEST ST WALTER ST MITCHELL ST KENNEDY LN RAY ST Page 13 of 16 BETTY ANN LN FARRELL DR ARAPAHO DR BOYER AV RENBAR RD JOYCE LN ANN AV JAMES ST CR 4030 (ARREDONDO GRANT RD) JANE AV VIRGINIA AV AERIAL 2015 WEST ST REQUEST AREA 1"= 400' I VARIANCE CASE NUMBER V

14 WEST ST CLARK ST BETTY ANN LN WEST ST WALTER ST MITCHELL ST KENNEDY LN RAY ST Page 14 of 16 FARRELL DR ARAPAHO DR A-1 BOYER AV RENBAR RD JOYCE LN A-3 ANN AV JAMES ST JANE AV RR CR 4030 (ARREDONDO GRANT RD) VIRGINIA AV I-1 ZONING CLASSIFICATION AGRICULTURAL RESIDENTIAL INDUSTRIAL 1"= 400' REQUEST AREA I VARIANCE CASE NUMBER V

15 WEST ST WEST ST WALTER ST CLARK ST MITCHELL ST KENNEDY LN RAY ST Page 15 of 16 BETTY ANN LN FARRELL DR ARAPAHO DR ESC BOYER AV RENBAR RD JOYCE LN ULI ANN AV JAMES ST ESC CR 4030 (ARREDONDO GRANT RD) JANE AV ESC VIRGINIA AV UHI FUTURE LAND USE DESIGNATION AGRICULTURE RESOURCE RURAL REQUEST AREA 1"= 400' VARIANCE CASE NUMBER V

16 CLARK ST BETTY ANN LN WEST ST WEST ST WALTER ST MITCHELL ST KENNEDY LN RAY ST Page 16 of 16 FARRELL DR ARAPAHO DR BOYER AV RENBAR RD JOYCE LN ANN AV JAMES ST JANE AV CR 4030 (ARREDONDO GRANT RD) VIRGINIA AV ECO/NRMA ECO NRMA REQUEST AREA 1"= 400' VARIANCE CASE NUMBER V