GROWTH AND RESOURCE MANAGEMENT DEPARTMENT PLANNING AND DEVELOPMENT SERVICES DIVISION 123 W. Indiana Avenue, DeLand, FL 32720 (386) 736-5959 PUBLIC HEARING: CASE NO: SUBJECT: LOCATION: APPLICANT: OWNER: STAFF: May 17, 2018 Planning and Land Development Regulation Commission (PLDRC) V-18-038 Variances to the minimum yard requirements for principal and accessory structures on Transitional Agriculture (A-3) zoned property 1314 Virginia Avenue, Deleon Springs Michael Wojtuniak, agent for the owner Adrian Cann Steven E. Bapp, Planner II I. SUMMARY OF REQUEST The applicant is seeking a total of three variances, so that he can maintain and existing principal structure and an accessory structure (detached carport). The variances are required in order to obtain building permits to resolve code violations. The three variance requests are as follows: 1) A variance for a front yard setback from the required 40 feet to 21.9 feet for and existing principal structure (single-family residence); and, 2) A variance for a front yard setback from the required 40 feet to 26.8 feet for an accessory structure (detached carport) on Transitional Agriculture (A-3) zoned property; and, 3) A variance for a side yard setback from the required 25 feet to seven feet for an accessory structure (detached carport) on Transitional Agriculture (A-3) zoned property. Staff Recommendation: Deny variance request 1, case number V-18-038, as the variance does does not meet all five criteria for granting said variance.
Deny variance request 2, case number V0180038, as the variance does not meet all five criteria for granting said variance. Deny variance request 3, case number V-18-038, as the variance does not meet all five criteria for granting said variance. II. SITE INFORMATION 1. Location: On the southeast corner of the intersection of Virginia Avenue and Clark Street, DeLeon Springs 2. Parcel No: 6005-05-02-0010 3. Property Size: ± 0.96 of an acre 4. Council District: 1 5. Zoning: Transitional Agriculture (A-3) 6. Future Land Use: Rural (R) 7. ECO Overlay: No 8. NRMA Overlay: No 9. Adjacent Zoning and Land Use: DIRECTION ZONING FUTURE LAND USE CURRENT USE North: Transitional Rural (R) Single-Family Residential Agriculture (A-3) East: Transitional Agriculture (A-3)/ Rural (R) Single-Family Residential / Light Industrial Light Industrial (I-1) South: Transitional Rural (R) Single-Family Residential Agriculture (A-3) West: Transitional Agriculture (A-3) Rural (R) Vacant 10. Maps: ZONING MAP FUTURE LAND USE MAP
III. BACKGROUND AND OVERVIEW This application is the result of a code enforcement violation case number 20150915014 - Construction without the required permit(s) and/or inspection approval(s) (Conversion of barn to single-family residence). The 1,280 square-foot single-family residence (converted from a barn) and a 228 square-foot detached carport are located on the north end of property adjacent to Virginia Avenue, while the remaining property area is heavily wooded. The property is bounded on the north and south by a single-family residence, on the west by a heavily wooded vacant parcel, and on the east by a single-family residence and also a light industrial complex. Virginia Avenue is an unimproved dirt platted right-of-way. At 0.96 of an acre, the property is nonconforming as it does not meet the one-acre lot area requirement of the A-3 classification. However, the applicant has submitted an appropriate nonconforming lot letter. There are no special overlay zones associated with the property, nor any special environmental conditions, wetlands or floodprone areas. The applicant must obtain the appropriate building permits to bring a principal structure (barn converted to single-family residence) compliant with current building codes. The residence originated as an ag-exempt structure, which was constructed in 1991. Since that time, the structure was converted into a single-family residence. The applicant also must obtain a building permit to bring an accessory carport structure compliant with current building codes. The applicant cannot pull the appropriate building permits, until the issue of two unlawful structures is addressed. The property contains a principal structure and an accessory carport structure encroaching into the required front yard with setbacks of 21.9 and 26.8 feet respectively. The accessory carport structure also encroaches into the required side yard with a setback of seven feet. The A-3 zoning classification requires a front yard setback of 40 feet and a side yard setback of 25 feet. This requirement applies to both the principal and accessory structures. Prior to applying for/or obtaining zoning approval for both structures, variances to reduce the front yard requirement is required, or the structures must be removed or reconstructed in compliance with code.
IV. REVIEW CRITERIA AND ANALYSIS Section 72-379(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. Variance 1. The structure already exists as an ag-exempt structures prior to conversion, however, this structure did not meet the setbacks for the zoning classification. Staff finds that this criterion is not met for Variance 1. Variance 2. This structure already exists, though there are no records of a building permit. There are no unique circumstances associated with this accessory structure, and it was constructed within the front yard setback. Staff finds that this criterion is not met for Variance 2. Variance 3. This structure already exists, though there are no records of a building permit. There are no unique circumstances associated with this accessory structure, and it was constructed within the side yard setback. Staff finds that this criterion is not met for Variance 3. ii. The special conditions and circumstances do not result from the actions of the applicant. Variance 1: The property owner converted a nonconforming structure (barn) into a singlefamily residence. This occurred without obtaining the proper building permits from the county. It would have been determined in the application process that these structures did not meet the front yard setback. Staff finds that this criterion is not met for Variance 1. Variance 2: The property owner constructed an accessory structure which did not meet the front yard setback for the zoning classification. Staff finds that this criterion is not met for Variance 2. Variance 3: The property owner constructed an accessory structure which did not meet the side yard setback for the zoning classification. Staff finds that this criterion is not met for Variance 3.
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. Variance 1. Literal interpretation of the code would create an unnecessary and undue hardship on the applicant. Demolishing the structures to rebuild, or moving the structures in their entirety would be a challenging solution to meet the zoning code. Staff finds that this criterion is met for Variance 1. Variance 2 and 3. Literal interpretation of the code would not create an undue hardship. The carport is constructed with telephone pole uprights, with a metal roof. Demolishing/relocating this structure would be a solution to meet the zoning code. Staff finds that this criterion is not met for Variances 2, and 3. iv. The variance granted is the minimum variance that will make possible the reasonable use of the land, building, structure, or sign. Variance 1. The variance requested is the minimum to allow the structure to remain in its current location on the property. To reduce this variance, the owner would need to either demolish the structure, or move the structure in its entirety. Staff finds that this criterion is met for Variance 1. Variance 2 and 3. The variance requested is not the minimum variance, as the structure could be relocated to meet the requirements of the zoning classification. Staff finds that this criterion is not met for Variances 2, and 3. 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. 90-10, as amended, and that such variance will not be injurious to the area involved. Variance 1, 2, and 3. The proposed variances are in the general intent of the Code of Ordinances and the Volusia County Comprehensive Plan. Staff finds that the criterion is met for Variances 1, 2, and 3. V. STAFF RECOMMENDATION Deny the variance request case number V-18-037, as the application does not meet all five criteria for granting said variances: 1) A variance for a front yard setback from the required 40 feet to 21.9 feet for and existing principal structure (single-family residence); and,
2) A variance for a front yard setback from the required 40 feet to 26.8 feet for an accessory structure (detached carport) on Transitional Agriculture (A-3) zoned property; and, 3) A variance for a side yard setback from the required 25 feet to seven feet for an accessory structure (detached carport) on Transitional Agriculture (A-3) zoned property. If the PLDRC finds the variance meets the five criteria, staff recommends the following conditions: 1) The variance is limited to the structures as depicted on the variance site plan and survey dated 12/6/17, prepared by Blackwell & Associates Land Surveyors, Inc. The principal single-family and accessory carport structures shall not be enlarged, increased, or extended farther to encroach or occupy any greater area of the property without approval of a separate variance. 2) Should the single-family residence and covered carport wood disassembled, removed, destroyed or damaged in excess of 50% of its value, the requested variances will be deemed invalid, and any reconstruction of the referenced principal and accessory structures shall comply with all applicable requirements of the A-3 zoning classification and the zoning code, including yard requirements. 3) The property owners or authorized agent(s) shall obtain and complete all required building permits and inspections for the property improvements effected by the approved variances within 120 days of the date of the variance rendition, unless the Zoning Enforcement Official grants an extension. 4) The property owner shall remove the fence and gate, reflected on the submitted survey, which are currently within Virginia Avenue, a county emergency maintained road. VI. ATTACHMENTS Written Petition Site Survey Concept Plan Non-Conforming Lot Letter Staff Review Comments Map Exhibits
VII. AUTHORITY AND PROCEDURE The commission may, except as otherwise provided in Section 72-379 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.
Inter-Office Memorandum TO: Steven Bapp, Planner II DATE: April 10, 2018 FROM: SUBJECT: Keith Abrahamson, Environmental Specialist III Planning & Land Development Regulation Commission meeting for Date: May 17, 2018 Parcel #: 6005-05-02-0010 Case #: V-18-038 Environmental Permitting (EP) has reviewed the application and has no objection to this request. However, the project must comply with all of the environmental regulations of the Land Development Code.
BETTY ANN LN WEST ST WEST ST RAY ST PROPERTY LOCATION V-18-038 D KE DIAS ETERY RD LA CE M LAKE DIAS VISTA WAY CHEYENNE DR SEMINOLE DR FARRELL DR ARAPAHO DR RENBAR RD BOYER AV WALTER ST ANN AV JANE AV MITCHELL ST KENNEDY LN JAMES ST CR 4030 GRANTRD) (ARREDONDO BOYER AV VIRGINIA AV GOOD EARTH DR CR 4030 (SPRING GARDEN RANCH RD) NEW JERSEY AV OHIO ST EAST AV CUMBERLAND AV NIGHT OWL CT DRURY LN GRAY RD SPRING GARDEN RANCH RD HAIG ST MICHELLE DR SUBJECT PROPERTY WIN CHESTER ODS CT WO WINCHESTER LAKEDR 1 " = 1,000 ' I 3/13/2018
MITCHELL ST WALTER ST ANN AV CLARK ST JANE AV WEST ST RAY ST KENNEDY LN JAMES ST AERIAL V-18-038 30 40 NDO R C DO RD) RE NT (AR RA G VIRGINIA AV D GOO H EA RT DR SPRING GARDEN RANCH RD SUBJECT PROPERTY IMAGE DATE 2015 I 1 " = 400 ' 3/13/2018
CLARK ST RAY ST ZONING CLASSIFICATION V-18-038 ANN AV JAMES ST WEST ST WALTER ST JANE AV RR CR 4030 (ARREDONDO GRANTRD) MITCHELL ST A-3 VIRGINIA AV I-1 GOOD EARTH DR SPRING GARDEN RANCH RD A-1 A-4 SUBJECT PROPERTY 1 " = 400 ' I 3/13/2018 INDUSTRIAL AGRICULTURAL RESIDENTIAL
RAY ST R FUTURE LAND USE V-18-038 ANN AV WEST ST WALTER ST JANE AV CLARK ST CR 4030 (ARREDONDO GRANT RD) MITCHELL ST MITCHELL ST JAMES ST R R VIRGINIA AV EARTH DR GOOD SPRING GARDEN RANCH RD R AR R SUBJECT PROPERTY 1 " = 400 ' I 4/9/2018 AGRICULTURE RESOURCE RURAL
CLARK ST RAY ST ECO/NRMA OVERLAY V-18-038 ANN AV WALTER ST JANE AV MITCHELL ST JAMES ST WEST ST CR 4030 (ARREDONDO GRANTRD) VIRGINIA AV GOOD EARTH DR SPRING GARDEN RANCH RD SUBJECT PROPERTY ECO NRMA 1 " = 400 ' I 3/13/2018