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PUBLIC HEARING: March 21, 2019 - Planning and Land Development Regulation Commission (PLDRC)

CASE NUMBER: V-19-025

SUBJECT: A variance to minimum yard requirements on Urban Single-Family Residential (R-4) zoned property.

LOCATION: 1813 5th Avenue, DeLand

APPLICANT: Joseph D. Hennessy, JD Hennessy Construction

OWNER: John Wilson

I. SUMMARY OF REQUEST

The applicant requests a variance to construct a single-family dwelling on a vacant corner lot in DeLand. The requested variance is as follows:

A variance to reduce the south front yard from the required 25 feet to 22 feet for the construction of a single-family dwelling.

Staff Recommendation:

Deny the variance request, case number V-19-025, as the variance fails to meet four of the five criteria for granting said variance.

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II. SITE INFORMATION

1. Location: Northeast corner of Gardenia Road and 5th Avenue, in the DeLand area.

2. Parcel Numbers: 7001-01-26-0220 3. Property Size: 11,250 square feet 4. Council District: 3 5. Zoning: Urban Single-Family Residential (R-4) 6. Future Land Use: Urban Low Intensity 7. Overlays: Airport Protection Overlay 8. Local Plan Area: Not Applicable 9. Adjacent Zoning and Land Use:

DIRECTION ZONING FUTURE LAND USE EXISTING USE.

North: R-4 Urban Low Intensity Vacant Residential

East: R-4 Urban Low Intensity Single-Family Residence

South: R-4 Urban Low Intensity Single-Family Residence

West: R-4 Urban Low Intensity Vacant Residential

10. Location Maps:

ZONING MAP FUTURE LAND USE MAP

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.III. BACKGROUND AND OVERVIEW

The subject property is located on the northeast corner of Gardenia Road and 5th Avenue, in the DeLand area. The 11,250-square-foot property consists of three 25-foot wide lots within Daytona Park Estates Section A, which was recorded in 1954. These lots were combined through the county’s subdivision exemption process and constitute one unified building site. It is a conforming lot exceeding the minimum lot area of 7,500 square feet and minimum lot width of 75 feet.

The current owner purchased the property in June 2018, and wishes to construct a 1,818 square-foot single-family dwelling. The property is considered a corner lot, as it fronts on both Gardenia Road and 5th Avenue. Therefore, it has two front yards and two side yards. The required setbacks are: front – 25 feet; and sides – 20 feet combined, with a minimum of eight feet on any one side. As proposed, the structure will not meet the minimum setbacks for the front yard within the R-4 zoning classification. The front of the single-family dwelling will face 5th Avenue, meeting the required 25-foot front yard setback. The south side of the house will face Gardenia Road where the applicant is requesting a front yard of 22 feet in lieu of the required 25 feet. The house will meet the side yard requirements.

If the front of the proposed single-family dwelling faced Gardenia Road, the structure would encroach eight feet into the front yard setback, as opposed to utilizing the current layout, which encroaches three feet into the setback. The platted right-of-way for Gardenia Road is 60 feet wide, with a drainage swale on each side of the pavement. As proposed, the structure will be 43 feet from the edge of pavement on Gardenia Road.

If Daytona Park Estates were to be approved today, it would have to meet Section 72-614(b)(2), of the land development code. This provision requires corner lots in new subdivisions to have a 15 percent greater width than that required by the applicable

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zoning classification to accommodate setbacks from both streets. Although the subject property does not meet this requirement, as this subdivision was platted in 1954, the property still exceeds the minimum lot area 7,500 square feet and minimum lot width of 75 feet.

The contractor explains that there are other structures in the area that do not meet the required front yard setbacks. These single-family dwellings and accessory structures located on nearby corner lots were built between 1958 and 1995. Those lawful structures that existed before the 1980 Uniform Zoning Ordinance are considered lawful nonconforming structures.

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.

The property is a corner lot, as it fronts on both Gardenia Road and 5th Avenue. Therefore, it has two 25-foot front yard setbacks. This is an oversized lot for the zoning classification with sufficient room to construct a single-family dwelling that meets the required yard setbacks.

Staff finds that this criterion is not met.

ii. The special conditions and circumstances do not result from the actions of the applicant.

It is recognized that current land development regulations require corner lots within new subdivisions to have a 15 percent greater width than that required by the applicable zoning classification, to accommodate dual front yard setbacks. Nevertheless, the size of the subject parcel is sufficient to position a single-family dwelling on the property. The need for a variance results directly from the contractor’s desire to utilize the current house design, as they have on other lots within the area.

Staff finds that this criterion is not met.

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 will not deprive the applicant of rights commonly enjoyed by other properties in the same zoning classification to construct a single-family dwelling

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on this property. There is sufficient room on the property to accommodate a principal building on the property within the required setbacks.

Staff finds that this criterion is not met.

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 that will allow the principal building shown on the attached variance plan. However, staff does not find the variance to be the minimum request to make reasonable use of the proposed land or building. Without a variance, the applicant can still erect a principal building on the property.

Staff finds that this criterion is not met.

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.

The overall intent of the zoning ordinance and the comprehensive plan is to maintain and improve the quality of life for the present and future residents of Volusia County. This variance is not injurious to the area involved and is in harmony with the general intent of this ordinance.

Staff finds that this criterion is met.

V. STAFF RECOMMENDATION

Deny the variance request, case number V-19-025, as the variance fails to meet four of the five criteria for granting said variance.

However, if the PLDRC finds that the variance request does meet all five of the criteria, staff recommends the following conditions:

1. The variance shall be limited to a 22-foot south front yard setback for the proposed single-family dwelling as depicted on the variance site plan/survey dated December 19, 2018, prepared by Langford Surveying CFL, Inc. The variance shall not apply to any other future structures. In addition, the proposed single-family dwelling shall not be enlarged, increased, or extended further to encroach or occupy any greater area of the property without approval of a separate variance.

2. The property owner or authorized agent(s) shall obtain and complete all required building permits and inspections for the proposed single-family dwelling.

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VI. ATTACHMENTS

Variance Site Plan Written Petition Survey 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.

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25'-0"

Variance Site Plan

Area of Encroachment

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Page 8 of 14

Survey

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AERIAL V-19-025

FLAMINGO RD

HYACINTH RD

7TH

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5TH

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1 " = 400 ' SUBJECT PROPERTY IMAGE DATE 2018 I 2/5/2019

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ZONING CLASSIFICATION V-19-025

FLAMINGO RD

HYACINTH RD

7TH

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WES

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WY

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3RD

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2ND

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R-4A

1 " = 400 ' SUBJECT PROPERTY I 2/5/2019

RESIDENTIAL

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FUTURE LAND USE V-19-025

FLAMINGO RD

HYACINTH RD

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5TH

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GARDENIA RD

EVERGREEN RD

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2ND

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1 " = 400 ' SUBJECT PROPERTY I 2/5/2019

URBAN LOW INTENSITY

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ECO/NRMA OVERLAYV-19-025

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HYACINTH RD

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SUBJECT PROPERTY

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