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Variance Request to Reduce Landscape Buffer Width

Application seeks a 15-foot variance to reduce a 35-foot landscape buffer to 20 feet. Detailed aerial and site photos, buffer requirement history, and considerations for Lot 4 usage and development. Staff recommends denying the application based on variance standards.

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Variance Request to Reduce Landscape Buffer Width

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  1. APPLICATION 2923 VARIANCE TO REDUCE LANDSCAPE BUFFER

  2. Overview

  3. Request • Variance of 15 feet to reduce required 35 foot landscape buffer width to 20 feet. • This request is adjacent to Application 2922, which was just heard.

  4. Aerial Community Development Department

  5. Site Photos • North property line looking north

  6. FLU Map & Zoning Map Designations

  7. Site Photos • North property line looking south

  8. Site Photos • North property line looking south

  9. Buffer Requirement • Requirement for Old Kings Road existed since 2000 per Ordinance 2000-23. • Thirty five feet landscape buffer was incorporated into the 2008 LDC. See Table II-5 of Chapter 11 of the 2008 LDC.

  10. Survey

  11. Concept Plan CONSIDERATIONS What will be the use of Lot 4? What will be the parking requirement for Lot 4? What will be the footprint of the building(s)? What will be the orientation of the building? Will they be developed separately or together? Can there be shared parking? Which lot will develop first?

  12. Areas of Interest

  13. Variance Criteria • Special conditions and circumstances exist which are peculiar to the land, use or building involved and which are not applicable to other lands, uses or buildings in the same zoning district; – NO, parcel was platted for commercial property. 2. The special conditions and circumstances are not self-imposed and do not result from the actions of the applicant. – NO, applicant has the option to redesign project. Good design balances code requirements. • Literal interpretation of the provision of the LDC would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the LDC….. – No, code requires 35’ wide landscape buffer on specified streets. Applies to Old Kings Road.

  14. Variance Criteria 4. Variance is the minimum relief necessary that will make possible the reasonable use of the land or building - No, relief is not a demonstrated need based on information provided. No Technical Site Plan submitted. • The granting of the variance will be in harmony with the general intent and purpose of the LDC and will not be injurious to the area involved or otherwise detrimental to the public health, safety and welfare or injurious to other property in the area. -No, granting the variance before design options have been exhausted is contrary to the intent and purpose of Code implementation. The variance, however, would not be directly injurious to public health, safety or welfare.

  15. Staff Recommendation Staff recommends that the Planning and Land Development Regulation Board: • DENY Application 2923 because the application does not meet any of the variance standards cited in Section 2.12.03(A) of the LDC. Specifically, the finding is that this request does not meet criteria #1,#2,#3,#4, and #5 of S2.12.03 of the City of Palm Coast Land Development Code.

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