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BOARD OF COUNTY COMMISSIONERS December 3, 2013

BOARD OF COUNTY COMMISSIONERS December 3, 2013. Public Hearing #VA-13-09-069 Appeal of Variance for 9061 Ron Den Lane Recommended for Approval by Board of Zoning Adjustment On October 3, 2013 Appellant: William A. Davis and Rebecca M. Davis Property Owners: Yuri Ferro and Maria Pelaez.

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BOARD OF COUNTY COMMISSIONERS December 3, 2013

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  1. BOARD OF COUNTY COMMISSIONERSDecember 3, 2013 Public Hearing #VA-13-09-069 Appeal of Variance for 9061 Ron Den Lane Recommended for Approval by Board of Zoning Adjustment On October 3, 2013 Appellant: William A. Davis and Rebecca M. Davis Property Owners: Yuri Ferro and Maria Pelaez

  2. Request Variances in R-CE zone to construct a single-family residence as follows: 1) To allow 20,473 sq. ft. of lot area in lieu of 43,560 sq. ft. • BZA Recommendation of Approval 2) To allow front yard setback of 25 ft. in lieu of 35 ft. • BZA Recommendation of Approval

  3. 3) To allow rear yard setback of 10 ft. in lieu of 50 ft. • BZA Recommendation of Approval limiting setback to 30 ft. in lieu of 50 feet • To construct pool and pool deck 24.2 ft. from the normal high water elevation of Lake Down in lieu of 50 ft. • Deemed not needed; no BZA action NOTE: Additional condition that living area shall not exceed 4,500 sq. ft.

  4. VARIANCE #1 To allow 20,473 sq. ft. of lot area in lieu of 43,560 sq. ft. Staff Report Findings: • Parcel is a lot of record • Platted in 1959 • Subdivision Determination #2001-54 • Parcel met all R-1 standards when platted • Lot size is legally grandfathered • Variance is not necessary BZA Action: - Recommendation of Approval

  5. VARIANCE #4 To construct pool and pool deck 24.2 ft. from NHWE of Lake Down in lieu of 50 ft. Staff Report Findings: • Lake is in side yard not rear yard • Side yard setback for pool and pool deck is 10 feet from NHWE (per Section 38-1501) • Variance is not necessary BZA Action: - No Action Taken

  6. VARIANCES AS RECOMMENDED FOR APPROVAL BY BZA Variance #2 • To allow a front yard setback of 25 feet in lieu of 35 feet Variance #3 • To allow rear yard setback of 30 feet in lieu of 50 feet

  7. VARIANCE CRITERIA Section 30-43 of the Orange County Code stipulates specific standards for the approval of variances. No application for a zoning variance shall be approved unless the Board of Zoning Adjustment finds that all of the following standards are met: 1. Special Conditions and Circumstances – Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. Zoning violations or nonconformities on neighboring properties shall not constitute grounds for approval of any proposed zoning variance.

  8. Not Self-Created – The special conditions and circumstances do not result from the actions of the applicant. A self-created hardship shall not justify a zoning variance; i.e., when the applicant himself by his own conduct creates the hardship which he alleges to exist, he is not entitled to relief. 3. No Special Privilege Conferred – Approval of the zoning variance requested will not confer on the applicant any special privilege that is denied by the Chapter to other lands, buildings, or structures in the same zoning district.

  9. Deprivation of Rights – Literal interpretation of the provisions contained in this Chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this Chapter and would work unnecessary and undue hardship on the applicant. Financial loss or business competition or purchase of the property with intent to develop in violation of the restrictions of this Chapter shall not constitute grounds for approval. • Minimum Possible Variance – The zoning variance approved is the minimum variance that will make possible the reasonable use of the land, building or structure.

  10. 6. Purpose and Intent – Approval of the zoning variance will be in harmony with the purpose and intent of this Chapter and such zoning variance will not be injurious to the neighborhood or otherwise detrimental to the public welfare.

  11. VARIANCE CRITERIA #1 Special conditions and circumstances peculiar to land • Irregular shaped lot that is wider then it is deep • Lot is on cul de sac which reduces depth on portion of lot • Lot is oriented to Lake Down which is on side yard • Rear lot line on subject (Ferro) lot is side lot line on Davis lot • Lot administratively rezoned in 1966 from R-1 to R-CE • Results in a narrow (10 foot wide) building pad

  12. VARIANCE CRITERIA #2 Not self-created • None of the special conditions of Criteria #1 were created by applicant Ferro • Knowledge of zoning restrictions when purchasing property is not a self-created hardship when the special conditions of Criteria #1 were not created by the applicant or prior owner • City of Coral Gables v. Geary, 383 So.2d 1127 (Fla. 3rd DCA 1980)

  13. VARIANCE CRITERIA #2 Not self-created • Footprint of proposed variance meets R-1 setback standards • At time of 1966 rezoning Planning and Zoning Commission acknowledged setback variances to lots of record would be needed (See August 2, 1966 PZC Minutes) • 1966 rezoning previously recognized by BZA as a hardship (See VA-05-04-002, Judith McDonald, 9014 Ron Den Lane, April 7, 2005) - Relief from 1966 rezoning has been granted to both developed lots and vacant lots (See BZA Minutes of June 2, 1977, Hearing #6, Atlantic Corporation of America, 9037 Ron Den Lane)

  14. VARIANCE CRITERIA #3 No special privilege conferred • County previously recognized setback relief from 1966 rezoning to R-CE will be needed • Similar variances in area granted • Meets private deed restriction setback standards

  15. VARIANCE CRITERIA #4 Deprivation of Rights • Without variance only a 10 foot wide house could be built with building pad of 1,770 square feet • Variance to allow 25 foot front yard and 30 foot rear yard setbacks creates building pad of 3,484 square feet • Condition that living area will not exceed 4,500 square feet • Average gross building area for subdivision is 3,474 square feet • For 3 lakefront houses built after 2002 in subdivision • Average gross building area is 6,177 square feet • Average living area is 4,332 square feet

  16. VARIANCE CRITERIA #5 Minimum Possible Variance • Cul de sac necessitates front yard variance of 25 feet in lieu of 35 feet • Building footprint shown on September 16, 2013 site plan (proposed variance) indicates about half of structure still meeting 35 foot setback • Rear yard setback of 30 feet in lieu of 50 feet • Enables a 40 foot wide house • Square footage is consistent with subdivision • Provides 42 foot separation to Davis house

  17. RELATION BETWEEN FERRO HOUSE AND DAVIS HOUSE WITH 30 FOOT FERRO REAR YARD • Ferro rear property line is Davis side property line • 42 feet between houses at closest point • 12 feet on Davis • 30 feet on Ferro • Davis has constructed 8 foot masonry wall on common property line • Buffer exceeds Type B landscape buffer standards • Requires 25 feet and 6 foot masonry wall • Used to separate commercial and industrial uses from residential use

  18. VARIANCE CRITERIA #6 Purpose and Intent • Approval of this variance is in harmony: • With intent of zoning code • 1966 rezoning recognized variance would be needed • With subdivision • Size of building pad compatible with subdivision • With private deed restrictions • Allows for reasonable use of property and is not injurious to neighborhood

  19. THIS HEARING IS FOR ZONING VARIANCE ONLY • Approval limited to front yard setback of 25 feet in lieu of 35 feet and rear yard setback of 30 feet in lieu of 50 feet • Construction and engineering issues not addressed or approved by this zoning variance

  20. BZA recommended conditions include: • Must determine if a conservation area determination is required (#3) • Any shore line alteration (dock, sea walls) requires a permit from Orange County EPD first (#4) • No construction activity adjacent to conservation area without an EPD permit first (#5) • Construction to employ best management practices (BMP) (#6) • Must obtain flood plain permit (#7) • Septic tanks and wells must obtain separate approval in accordance with applicable regulations (#8) • Living area shall not exceed 4,500 sq. ft. (#9)

  21. CONCLUSION Front yard variance of 25 feet in lieu of 35 feet and rear yard variance of 30 feet in lieu of 50 feet is minimum variance necessary for reasonable use of property in a manner consistent with and commonly enjoyed by properties in the surrounding area.

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