GROWTH AND RESOURCE MANAGEMENT DEPARTMENT

PLANNING AND DEVELOPMENT SERVICES DIVISION

CURRENT PLANNING ACTIVITY 123 W. Indiana Avenue, DeLand, FL 32720 (386) 943-7059

PUBLIC HEARING: October 14, 2014 - Planning and Land Development Regulation Commission (PLDRC)

CASE NO: V-14-075 SUBJECT: Variance to the minimum front yard requirement of Section 72-

297(c)(2) for a proposed building on General Commercial/Thoroughfare Overlay Zone (B-4C) zoned property.

LOCATION: 1837 U.S. Highway 17, DeLand

APPLICANT: Thomas Ingle OWNER(S): Same STAFF: Scott Ashley, AICP, Planning Manager

I. SUMMARY OF REQUEST The applicant requests to replace a commercial building recently damaged by fire. However, the proposed replacement building will not meet the minimum 75-foot building setback applicable to this property. The property is zoned General Commercial/Thoroughfare Overlay Zone (B-4C). The ‘C’ suffix indicates the property is abuts one of the county's designated Thoroughfare Overlay Zone corridors (U.S. 17/Woodland Boulevard), which dictates other regulations adjacent to the thoroughfare road in addition to those specific to the B-4 zoning classification. These standards address such items as building setback, landscaping, signage and lot coverage which are listed under Section 72-297 of the zoning code. The requested variance is:

Variance to section 72-297(c)(2) for a front yard from the required 75 feet to 40.74 feet for a proposed building on General Commercial/Thoroughfare Overlay Zone (B-4C) zoned property. Staff Recommendation: Approval with staff recommended conditions.

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II. SITE INFORMATION 1. Location: The property is located on the east side of

U.S. Highway 17 at its intersection with Grace Street, DeLand. 2. Parcel No(s): 6033-08-00-0010 3. Property Size: ± 20,000 square feet. 4. Council District: 1 5. Zoning: B-4C 6. Future Land Use: Mixed Use Zone (MXZ) 7. ECO Overlay: No 8. NRMA Overlay: No 9. Adjacent Zoning and Land Use:

10. Location Maps:

AERIAL MAP ZONING MAP

DIRECTION ZONING FUTURE LAND USE CURRENT USE

North: I-1 Industrial Manufacturing plant

East: B-4 Mixed Use Zone Undeveloped state owned parcel

South: B-4C Mixed Use Zone Undeveloped property

West: B-4C Commercial Undeveloped

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III. BACKGROUND AND PREVIOUS ACTIONS The corner property is located in a mixed development area of industrial and commercial along U.S. Highway 17, in the DeLand area. U.S. Highway 17 is one of several thoroughfare roads corridors that the Thoroughfare Overlay Zone regulations of Section 72-297 of the zoning code apply. These overlay regulations address items such as front yard setback, landscaping buffer, signage, and lot coverage, in addition to those common requirements that pertain to the B-4 zoned properties. The property consists of a carpet sales and installation business that includes an off-street parking area and a 1,200-square-foot metal storage structure. A recent fire heavily damaged the circa 1931 business’ office/showroom building, which required demolition. The construction of a new structure is the subject of this variance request. The former wood frame building had a 1,133-square-foot footprint, and located 29.55 feet from western lot line adjoining the right-of-way of U.S. Highway 17. The applicant proposes to erect a replacement 1,500-square-foot business office/showroom building in same general location as the previous damaged/demolished building. Per the applicant’s plan, this building will meet a front yard of 40 feet from the west lot line. The property’s B-4C zoning classification has a minimum 75-foot front yard requirement applicable to the property’s U.S. Highway 17 frontage, while a 35-foot setback applies adjacent to the Grace Street right-of-way line. According to the applicant’s survey, the property averages about 138 feet in depth. The existing 1,200-square-foot storage building has three large bays that face northward that enable delivery and work trucks access to the building. The proposed retail building could fit on the property at the expense of making the storage bays inaccessible. Based on Property Appraiser’s information, the applicant purchased the subject property in July 1992. U.S. Highway 17 was added to the thoroughfare overlay regulations of Section 72-297 in 2002. The 75-foot minimum front setback requirement has been the standard of these regulations since their adoption in the mid 1980’s. The property’s B-4 zoning classification requires a minimum lot area of one-acre. However, at only ±20,000 square feet in area, the request site is a nonconforming lot.

IV. REVIEW CRITERIA AND ANALYSIS Section 72-379 (1) a. 4 Variances of the zoning code contains five applicable criteria by which a variance application may be granted. The following staff evaluation using these criteria is as follows:

i. Special conditions and circumstances exist which are peculiar to the land, structure, sign, or building involved and which are not applicable to other lands, structures, signs, or buildings in the same zoning classification. Special conditions exist in regards to the size of the property and the location of an existing structure. This corner property is nonconforming in size, and has an average lot depth of 138 feet. The applicable 75-foot front setback will consume more than half of the property.

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The required 35-foot front yard from Grace Street and the location of the existing 1,200-square-foot storage building limits the property area the applicant can locate a replacement building to meet current setback standards.

Staff finds the application can meet this criterion.

ii. The special conditions and circumstances do not result from the actions of the applicant. The current lot size and thoroughfare overlay zoned requirements were adopted after the applicant obtained the property. Therefore, the special conditions peculiar to this land are not the result of the current owners’ actions. Staff finds the application can meets this criterion with conditions.

iii. Literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning classification, under the terms of the ordinance, and would work an unnecessary and undue hardship on the applicant. Literal interpretation of code would cause an unnecessary hardship on the applicant as the lot size and location of an existing building will affect the business operation. For the building to meet the specific setback requirement, this will affect the applicant’s ability to address other code standards, such as proper off-street parking design, and place the new building too close to the storage building. Staff finds the application can meet this criterion.

iv. The variance granted is the minimum variance that will make possible the reasonable use of the land, building, structure, or sign.

This is the minimum variance to rebuild in the same general location without creating new property impacts. The proposed building placement will allow continued access to the carpet storage building and enable development of a conforming off-street parking area. Staff finds that the application meets this criterion.

v. The grant of the variance will be in harmony with the general intent and purpose of this ordinance and the Volusia County Comprehensive Plan Ordinance No. 90-10, as amended, and that such variance will not be injurious to the area involved.

Granting this requested variance is in harmony with the general intent and purpose of the zoning ordinance because it does not create traffic congestion, fire hazards, or blocks adequate light or air and would have insignificant affect on essential governmental services. The property has an existing commercial usage and is consistent with the comprehensive plan commercial related policies. Staff finds that the application can meet this criterion.

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V. STAFF RECOMMENDATION Staff finds that the application meets the five criteria for granting a variance. Therefore, staff recommends approval of the variance Section 72-297(c)(2) on General Commercial /Thoroughfare Overlay Zone (B-4C) zoned property, subject to the following conditions:

1. Before the commencement of any site work, the applicant shall submit for review and approval of a site plan application to Land Development Activity, as required under Article III of Chapter 72, Volusia County Code of Ordinances.

2. The property owner’s authorized agent(s) shall obtain and complete all required building permits and inspections for the proposed commercial building.

VI. ATTACHMENTS

• Written Petition

• Variance Site Plan

• Reviewer Comments

• Map Exhibits

VII. AUTHORITY AND PROCEDURE The commission may, except as otherwise provided in Section 72-379 of the zoning code, authorize, after due public notice upon application on a form prescribed by the zoning enforcement official, such variance or variances from the terms of this ordinance as will not be contrary to the public interest when, owing to special conditions, a literal enforcement of the provision of this ordinance would result in unnecessary and undue hardship. Said variance application shall be heard only if it is presented by the person owning 51 percent or more of the specific area of land involved or upon an administrative application by the county council.

Any new information to be presented at the planning and land development regulation commission meeting for any application will be grounds to continue an application to the next planning and land development regulation commission meeting. Applicants shall inform and provide staff with the new information prior to the planning and land development regulation commission meeting.

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VOLUSIA COUNTY WRITTEN PETITION FOR A VARIANCE

Section 72-379(1 )(a)(4) of the Zoning Ordinance of Volusia County, as amended, requires that each applicant for a Variance submit a written petition as part of the application. The written petition must clearly describe how the Variance request satisfies all of the specific conditions necessary for the granting of the Variance, as listed in the Ordinance.

The following items must be completed in sufficient detail to allow Current Planning to determine if the application complies with the Ordinance (use additional sheets if necessary):

A. What special condition(s) and circumstance(s) exist which are peculiar to your land, structure, building, or sign and are not applicable to other lands, structures, buildings, or signs in the same zoning classification? Were these special condition(s) and circumstance(s) the result of actions by you?

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B. How would literal interpretation of the Zoning Ordinance deprive you of rights commonly enjoyed by other properties in the same zoning classification and be an unnecessary and undue hardship on you?

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C. Explain how the Variance(s) you are requesting is/are the minimum Variance(s) that will make it possible for you to make reasonable use of your land, building, structure or sign:

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Revised 09/11

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The general intent and purpose of the Zoning Ordinance and the Volusia County Comprehensive Plan Ordinance No. 90-10 is to lessen congestion in the streets; to promote public health, safety, morals, and the general welfare; to properly provide for the use of land and governmental services; and to preserve the character, appearance, and aesthetic qualities of Volusia County by regulating signs.

1. Is your request for Variance(s) consistent with this intent and purpose?

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2. Explain how your request for Variance(s) will not be injurious to the surrounding area:

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% % (• Date plrcant's Signature

Date Applicant's Signature

Revised 09/11

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1

STAFF REVIEW COMMENTS

PLDRC Hearing: October 14, 2014

INGLE

S-14-013

LAND DEVELOPMENT

John G. Thomson, AICP September 17, 2014

Comments: Final Site Plan application may be required depending on the site improvements proposed.

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LAKE MOLLY AV

HOPELN

VIOLETTER

FLOW

ER D

R

US HWY 17

(WOODLAND BLVD N)

PALM

ETTO

RD

SR 11

MERCERS FERNERY RD E

MOHAWK AV

PATT

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N AV

ANITA ST

MERCERS FERNERY RD

CLAR

AAVN

GRACE ST

VARIANCECASE NUMBER

V-14-075IECO/NRMA

ECO NRMA REQUEST AREA1 inch = 400 feet

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ANITA ST

GRACE ST

US H

WY 17

(WOO

DLAN

D BL

VD N

)

MERCERS FERNERY RD MERCERS FERNERY RD E

FLOW

ER D

R

VARIANCECASE NUMBER

V-14-075IIMAGE YEAR: 2012AERIAL

REQUEST AREA1 inch = 200 feet

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ANITA ST

GRACE ST

US H

WY 1

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AND

BLVD

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B-4C

I-1CR-7C

B-4(3) R-4(3)

B-4C(3)

I-1

B-4

VARIANCECASE NUMBER

V-14-075IZONING CLASSIFICATION 1 inch = 100 feet

RESIDENTIAL ( R-1; R-2; R-3; R-4; R-5; R-6; R-7;R-7; R-8)COMMERCIAL (B-1; B-2; B-3; B-4; B-5; B-6; B-7; B-8; B-9)INDUSTRIAL (I-1; I-2; I-3; I-4) REQUEST AREA

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FLOW

ER D

R

USHW

Y17

(WOO

DLAN

DBL

VDN)

MERCERS FERNERY RD EMERCERS FERNERY RD

GRACE ST

ANITA ST

VARIANCECASE NUMBER

V-14-075

FUTURE LAND USE DESIGNATIONCOMMERCIALINDUSTRIALMIXED USE

URBAN HIGH INTENSITYURBAN LOW INTENSITY I

1 inch = 200 feet

REQUEST AREA

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