ITEM DESCRIPTION:
Title
VA-2405: Request for a variance from Article III to allow the construction of a 1,500 square foot garage for the property at 3415 Lime Tree Drive.
Body
OWNER:
Alan Fischer
PROPOSED USE:
30’ x 50’ detached garage.
Principle structure is 1,947 square feet. The proposed accessory structure (detached garage) is 1,500 square feet.
REQUESTED ACTION:
1. Article III, Section 21-36.02(c): To allow an accessory structure to exceed the height of the principle structure.
2. Article III, Section 21-36.02(h): To allow an accessory structure to encroach within the setback as described within Article V, Table V-1 by 5 feet in lieu of the requirement of a 10 foot side setback.
3. Article III, Section 21-36.02(k): To allow an accessory structure to exceed 60 percent of the total square footage of the principle structure.
4. Article III, Section 21-36.02(m): To allow an accessory structure in a residentially zoned area exceeding 350 square feet visible from a public right of way to not match the façade and architectural design of the primary structure.
PARCEL ID:
840201085610
CURRENT LAND USE:
Single-Family Home
FLUM DESIGNATION:
Low Density Residential
ZONING DISTRICT:
R-2, Single Family Residential
VOTING DISTRICT:
District 4 - 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.
Explanation of hardship by applicant: To store cars and boats, multiple parking violations. This is greater than 60% of my home. Home is 1,947 sq ft, proposed building is 1500 sq ft. this is greater than 60 % of main structure.
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.
i. 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, which adequately address the impacts of new development 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.
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, in our household we have 6 cars, 2 boats, and multiple trailers.
b. Staff’s response: No, Building is habitable and ample room for parking of vehicles on lot.
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, other properties in the area have built garages on their properties without a variance.
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: No.
b. Staff’s response: Yes, the applicant is requesting to get a variance to construct a garage outside of the current setbacks, have a non-matching façade, and have a roof height higher than the primary structure from 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, although granting the variance will not be detrimental to the public welfare it will impair the purposes and intent of the Land Development Code Article V site design criteria for an R-2 property.
This criterion has not been met.
Staff Summary
Staff received the following feedback from City Departments:
• Environmental Services:
o Environmental Services does not object to the placement of the proposed 30x50 building with accompanying driveway on this 4-Lot parcel (20,000 sq ft) in Florida Shores. The resulting impervious surface shall not exceed the maximum percent coverage of 75%.
o Environmental Services Department is responsible for the following municipal services as it pertains to this request:
1. Administrative - ES would review permit application(s) prior to construction to determine compliance with applicable City codes.
2. Streets - Access to this garage structure shall be via hard surface driveway (concrete or hot-mix asphalt) connecting to a paved public road. Connection could be to either property frontage: Lime Tree Drive or Kumquat Drive, depending on configuration.
3. Stormwater - Construction of improvements shall not exceed allowable impervious coverage. All runoff shall be directed to the City’s stormwater systems in Lime Tree Drive and/or Kumquat Drive, and not to adjacent privately-owned properties.
4. Refuse & Recycling - Curbside collection of solid waste and recycling containers shall be from Lime Tree Drive only.
5. Potable Water / Sanitary Sewer / Reclaimed Water - If desired, potable water, sanitary sewer, and reclaimed irrigation to this garage may be via extension of existing household plumbing (fed from Lime Tree Drive). If any separate services to this garage is requested (from Kumquat Drive), payment of impact fees and other connection charges would be required.
o Please contact Environmental Services with any questions.
• Fire: No comments or concerns.
Staff does not recommend approval of the Variance for application VA-2405 because all six (6) criteria could be met in accordance with Section 21-100.04(d), Non-Administrative Variance.
Variance general requirement for the Board’s consideration:
Economic, personal, or any other hardship that is self-imposed shall not be sufficient justification to grant a variance. Hardship for the purpose of this section is defined as a restriction on property so unreasonable that it results in an arbitrary and/or capricious interference with basic property rights. Hardship relates to the physical characteristics of the property, not the personal circumstances of the owner or user, and the property is rendered unusable without the granting of a variance.