ITEM DESCRIPTION:
Title
VA-2325: Request for a variance from Section 21-50.02, Table V-1 to allow a rear setback of 6.48 feet in lieu of the 20’ setback within the R-2 Zoning district and to allow a maximum building coverage of 40 percent in lieu of 30% for the installation of a 288 square foot (12’ x 24’) shed for the property at 3222 Willow Oak Drive.
Body
OWNER:
Dianne Campbell
REQUESTED ACTION:
To allow a rear setback of 6.48 feet in lieu of 20 feet and to allow a maximum building coverage of 40 percent in lieu of a maximum of 30 percent.
LOCATION:
3222 Willow Oak Drive
PARCEL ID:
840201141160
PROPOSED USE:
Install a 288 square foot shed.
CURRENT LAND USE:
Single-Family Home
FLUM DESIGNATION:
Low Density Residential
ZONING DISTRICT:
R-2, Single-Family
VOTING DISTRICT:
District 4, Councilman Jonah Powers
Explanation of hardship by applicant: Owner would like to clear out tools and other things from garage and trailer.
According to 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.
i. Policy 1.5.7: Maintaining Site Design Requirements and Subdivision Regulations.
1. 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.
i. The following neighborhood properties currently have non-permeable structures in the City of Edgewater.
1. 3230 Willow Oak Drive- Structure within 30 feet of setback.
2. 3304 Yule Tree Drive- Structure within 30 feet of setback.
3. 3306 Yule Tree Drive- Structure within 30 feet of setback.
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, the applicant has use of the house on property.
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 lot is considered conforming to the zoning designation within the City of Edgewater.
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 place the structure within the setbacks and over max build.
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: No, while the structure will impair the purposes and intent of the Land Development code, granting the structure will not cause a detriment to the Public Welfare.
This criterion has not been met.
Staff Summary
Staff received the following feedback from City Departments:
• Environmental Services:
Environmental Services does not object to the requested variances to place the proposed 12x24 tool shed 6.48ft in lieu of 20ft from rear property line, and to the proposed 40% in lieu of 30% building coverage, with the following conditions:
1) Placement of the proposed shed shall not in any way alter the flow of stormwater runoff. This may require piers, pilings, and/or leveling blocks under the proposed shed, as well as various other means to route stormwater to the City’s collection system in the Willow Oak Drive right-of-way and/or the 33rd Street right-of-way.
2) The total amount of impervious surface may not exceed that required for the zoning district: 60% in R-2 per Table V-1 Section 21-50.02 LDC.
• Fire: No comments or concerns.
Staff does not recommend approval of the Variance for application VA-2325 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.