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Title:
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VA-2501: Request for variances to allow encroachment into a side yard setback, pool setback, a height variance, and a fa?ade variance for a detached garage at 1866 Banyan Drive.
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ITEM DESCRIPTION:
Title
VA-2501: Request for variances to allow encroachment into a side yard setback, pool setback, a height variance, and a fa?ade variance for a detached garage at 1866 Banyan Drive.
Body
OWNER/APPLICANT:
Christopher and Erica Lucas
PROPOSED USE:
Applicant is requesting a variance to build a garage for automobiles and driveway from 19th to access said garage.
REQUESTED ACTION: (Change to current code)
1. Article V Table V-1 - Site Dimensions Minimum side yard setback from 10' to 5'.
2. Article III- section 21-36.09- swimming pools (d.) to allow the pool to be 3' from the accessory pool structure.
3. Article III, section 21-36.02- general regulations (m.) exemption from consistency of architectural design, exterior construction materials or fa?ade treatment, roofline and color to match primary structure.
4. Article III, section 21-36.02- general regulations (c.) to allow the accessory structure to be 15' in height which will be 3' higher than the primary which is 12' high.
PARCEL ID:
8402-01-00-0490
AREA:
0.23 acres
CURRENT LAND USE:
Single-family Dwelling
FLUM DESIGNATION:
Low Density Residential
ZONING DISTRICT:
R-2, Single-Family Residential
VOTING DISTRICT:
District One - Council Person Mike Thomas
Discussion:
The applicant is requesting a variance from Article III- sections 21-36.09, 21-36.02 (c) and (m), as well as, from Article V, Table V-1. The applicant is requesting side yard setback of five feet in lieu of ten feet. The applicant has also requested a three foot setback from the pool instead of a five foot setback from the pool structure. The applicant is also requesting to allow the accessory structure to be three feet higher than the primary structure. They are also looking to have an exemption from the consistency of architectural design, exterior construction materials or fa?ade treatment, roofline and color to match primary structure for accessory structures larger than 350 Sq Ft visible from the public roadway on parcels less than 5 acres.
Site Plan:
Staff Review:
According to Article IX, Section 21-100.04(d), Non-Administrative Variance, City of Edgewater's Land Development Code;
In order to grant a non-administrative variance, the P. & Z. Board shall make the following findings of fact:
1. That granting of the proposed variance is not in conflict with the Comprehensive Plan;
2. That granting of the proposed variance will not result in creating or continuing a use which is not compatible with adjacent uses in the area;
3. That granting of the proposed variance is the minimum action available to permit reasonable use of the property;
4. That the physical characteristics of the subject site are unique and not present on adjacent sites; and
5. That the circumstances creating the need for the variance are not the result of actions by the applicant, actions proposed by the applicant or actions by the previous property owner(s).
6. That granting of the proposed variance(s) will not cause substantial detriment to the public welfare or impair the purposes and intent of the Land Development Code.
Explanation of hardship by applicant: "The space is needed for storage of our vehicles; we currently pay over $1000 per month to a rent a shop in Edgewater for our cars. The size is necessary to be practical. We would like to remove a small existing shed in the back yard to add a garage that would be much more functional and allow us to house some of our vehicles, eliminating the need for our rented shop. The variance for the reduction of the side setback from 10 feet to 5 feet and from the pool cage from 5 feet to 3 feet will allow for a functional sized garage. Because of the odd shape of the lot, the rear comer is the only place available to add a garage. The height variance is for 3 additional feet for the ability to add a lift to stack cars. The facade is to allow for a sturdy metal building. The color will, however match the house paint color."
1. Will granting