ITEM DESCRIPTION:
Title
VA-2409: Request for variances from Article III for an accessory structure setback from the front yard, and Article V for increasing the maximum building coverage at 806 Starboard Avenue.
Body
OWNER:
Dennis Thomas/Applicant: Brian Stevens
REQUESTED ACTION:
1. Article V, Section 21-50-02 Table V-1: To allow a structure to be located 10 feet from the second front yard setback in lieu of the required 25-foot setback in the MH-2 Zoning.
2. Article III, Section 21-36.02(g) to allow an accessory structure to be located in the front yard.
3. Article V, Section 21-50-02 Table V-1: To allow a maximum building percentage of 40% in lieu of the maximum 30% in the MH-2 Zoning.
LOCATION:
806 Starboard Avenue
PARCEL ID:
840102003050
PROPOSED USE:
The lot is located at 806 Starboard Ave in Edgewater Landing. Applicant is requesting a variance to have a carport with small storage shed built in the front yard of their home with a 10’ front setback within the required 25’ setback per Article V Table V-1 Site Dimensions for MH-2 Zoning.
The applicant is requesting a shed under aforementioned carport in the front yard instead of the rear or side yard per Article III Section 21-36.02(g).
In addition, the proposed area of the carport would bring the max build of the site to 40.18% within the 30% maximum per Article V Table V-1 Site Dimensions for MH-2 Zoning.
AREA:
0.14 acres
CURRENT LAND USE:
Single-Family Residential
FLUM DESIGNATION:
Medium Density Residential
ZONING DISTRICT:
MH-2 Manufactured Home Subdivision
VOTING DISTRICT:
District Four - Councilman Jonah Powers
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.
1. Will granting the proposed variance result in a conflict with the Comprehensive Plan?
a. Staff’s response: After review, Staff has determined that granting the variance would result in a conflict with the Comprehensive Plan.
1. Policy 1.5.7: Maintaining Site Design Requirements and Subdivision Regulations
The City shall maintain site design requirements and subdivision regulations in the Land Development Code on adjacent properties in all land use categories and zoning districts.
This criterion has not been met.
2. Will the granting of the proposed variance result in creating or continuing a use which is not compatible with adjacent uses in the area?
a. Applicant’s Response: No.
b. Staff’s response: No, granting the variance will not result in creating or continuing a use which is not compatible with adjacent uses. Adjacent homes have constructed similar driveways/carports:
1. 804 Starboard Ave
2. 808 Starboard Ave
3. 810 Starboard Ave
This criterion has been met.
3. Is the proposed action the minimum action available to permit reasonable use of the property?
a. Applicant’s response: Yes
b. Staff’s response: No. There is room for two cars in the existing driveway.
This criterion has not been met.
4. Are the physical characteristics of the subject site unique and not present on adjacent sites?
a. Applicant’s response: No.
b. Staff’s response: No. The site is not unique and there is adequate room for parking.
This criterion has not been met.
5. Are the circumstances creating the need for the variance the result of actions by the applicant or actions proposed by the applicant?
a. Applicant’s response: Yes.
b. Staff’s response: Yes, the applicant is requesting to get variances outside of the requirements in Article V Table V-1 of the Land Development Code.
This criterion has not been met.
6. Will the granting of the proposed variance cause substantial detriment to public welfare or impair the purposes and intent of the Land Development Code?
a. Applicant’s response: No.
b. Staff’s response: Yes, though granting the variance will not be detrimental to the public welfare it will impair the purposes and intent of the Land Development Code.
This criterion has not been met.
Explanation of hardship by applicant: Inadequate covered single driveway space for use of two cars.
Staff Notes:
• Fire- This Variance does not affect the 2021 Florida Fire Prevention Code.
• Environmental Services- After reviewing the submittals for the subject variance, the request does not interfere with the function of traffic, stormwater, or other services within the purview of the Environmental Services Department.
Environmental Services does not object to the requested variance.
Staff Recommendation:
Staff does not recommend approval for VA-2409 because the applicant could not meet all six criteria in accordance with Article IX, Section 21-100.04(d), Non-Administrative Variance, City of Edgewater’s Land Development Code.