GROWTH AND RESOURCE MANAGEMENT DEPARTMENT PLANNING AND DEVELOPMENT SERVICES DIVISION 123 West Indiana Avenue, DeLand, Florida 32720 (386) 736-5959

PUBLIC HEARING: July 19, 2018 – Planning and Land Development Regulation

Commission (PLDRC) CASE NO: V-18-049 SUBJECT: Variance to the minimum yard requirements on Urban Single

Family Residential (R-4) zoned property LOCATION: 1 San Juan Circle, Ormond Beach APPLICANT/OWNER: Gregory Daniel STAFF: Trish Smith, AICP, Planner III I. SUMMARY OF REQUEST The applicant is requesting two variances to construct an attached garage to a single-family residence on a ±10,584 square-foot corner lot in Ormond-by-the-Sea. The new garage will be located adjacent to the existing garage. This item was heard by the PLDRC at their meeting on June 21, 2018. The PLDRC granted a continuance so that the applicant could re-evaluate his options for the garage and attempt to minimize his variance requests. The revised variance requests are as follows:

1. A variance for a west front yard from the required 25 feet to 20 feet to construct a garage addition to an existing single-family residence; and

2. A variance for a south front yard from the required 25 feet to 18.9 feet to construct

a garage addition to an existing single-family residence on Urban Single Family Residential (R-4) zoned property.

Staff Recommendation: Deny variance request #1, case number V-18-049, as it does not meet all five criteria for granting said variance. Deny variance request #2, case number V-18-049, as it does not meet all five criteria for granting said variance.

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II. SITE INFORMATION

1. Location: Northeast corner of San Juan Circle at its intersection with Surfside Drive

2. Parcel No(s): 3221-11-00-0080 3. Property Size: ±10,584 square feet 4. Council District: 4 5. Zoning: Urban Single Family Residential (R-4) 6. Future Land Use: Urban Medium Intensity (UMI) 7. ECO Overlay: No 8. NRMA Overlay: No 9. Adjacent Zoning and Land Use:

10. Maps:

ZONING MAP FUTURE LAND USE MAP

III. BACKGROUND AND OVERVIEW

The subject property is a ±10,584 square-foot, corner lot with a single-family residence, a shed, and a swimming pool. The applicant asked the PLDRC in June for two variances that would allow him to expand his existing, 2-car garage by a footprint of 29.5 feet wide by 22.7 feet deep. The PLDRC granted a continuance to allow the applicant time to re-evaluate his options for the garage addition. The applicant submitted a revised variance

DIRECTION ZONING FUTURE LAND USE CURRENT USE North: R-4 UMI Single-family residence East: R-4 UMI Single-family residence South: R-4 UMI Single-family residence West: R-4 UMI Single-family residence

R-4

UMI

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site plan following the June meeting, and the item was rescheduled for the July PLDRC meeting. The revised variance request reduced the footprint to 21.0 feet wide by 22.7 feet deep. The applicant still requires two variances because the addition will extend into the south and west front yards. The minimum lot size requirement in the R-4 zoning classification is 7,500 square feet, and the lot width is required to be 75 linear feet. The parcel meets the minimum dimensional requirements.

Source: Volusia County Property Appraiser Source: Survey Provided by Applicant The minimum yard requirements in the R-4 zoning classification are: front – 25 feet, side – 20 feet combined (or a minimum of eight feet on one side), and rear – 20 feet. The parcel is on a cul-de-sac and has road frontage on two sides. It has two front yards and two side yards according to the zoning code. In order to obtain a building permit for the proposed addition, the applicant will need a variance for each front yard. The existing residence was constructed in 1965, prior to the enactment of countywide zoning regulations. The west front yard was constructed 20.4 feet from the property line, and the south front yard was constructed 20 feet from the property boundary. The residence is a nonconforming structure according to Article II, Division 6, Section 72-206 of the zoning code. A lawful structure existing on the effective date of adoption or amendment of this article, that could not thereafter be built because of dimensional requirements, other than density, may still be used, provided that it is not enlarged or altered in a way which increases its nonconformity. The original variance requests to build a 29.5-foot by 22.7-foot addition would have increased the nonconformity and would require variances. Staff explained in the pre-application meeting and at the PLDRC meeting that the applicant could maintain the existing 20-foot front yards without requiring a variance since he would not be increasing the nonconformity. When the PLDRC asked the applicant if he could build a smaller addition, the applicant agreed to a continuance to further evaluate his options. The revised footprint will extend into the west side yard by 0.6 feet and into the south side yard by 1.1 feet. This will increase the nonconformity and will require variances from the PLDRC.

Proposed Garage Addition

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The maximum lot coverage for the R-4 zoning classification is 35 percent. Lot coverage with the existing 2,443 square-foot residence, shed, garage, and the proposed garage is within the maximum allowable lot coverage.

Photograph Provided by the Applicant The Traffic Engineering staff reviewed the variance application to ensure that the garage addition would not impact “line of sight” for vehicles traveling between Surfside Drive and San Juan Circle. The staff reported that the addition would not cause a sight distance issue. Staff did note that any proposed driveway shift towards San Juan Circle would need to have a minimum distance of 25 feet between the San Juan intersection return radius and the nearest point of the driveway. It appears that with the revised proposal, the applicant will meet the minimum distance of 25 feet. The applicant’s survey depicts an existing shed measuring 11.6 feet by 20.1 feet that is located along the northern property boundary. Accessory structures may be located a minimum of five feet from the property boundary. The shed is situated only 2.7 feet from the northern property boundary. A review of the Property Appraiser’s website revealed that the shed has been assessed for tax purposes since 2013; however, a building permit could not be located in county files. Staff does recommend that the shed be relocated to a minimum of five feet from the northern property boundary and that an after-the-fact building permit be obtained for the structure. IV. REVIEW CRITERIA AND ANALYSIS Variance Criteria Section 72-379(1) a.4 contains five applicable criteria by which a variance application may be granted. The following staff evaluation is based on these criteria:

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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. The parcel is a corner lot located on a cul-de-sac. Pursuant to the zoning code, the parcel has two front yards. When originally constructed in the 1960s, the house was built diagonally on the property. The position of the house, in conjunction with two front yards, makes it difficult to expand the garage. Due to its irregular shape, the lot creates some challenges for building out. While it may be possible to add a second floor to the home for additional living space, the applicant is in need of additional garage space, which cannot, practically, be constructed on the second floor of the home. Staff finds this criterion is met. ii. The special conditions and circumstances do not result from the actions of the applicant. The applicant constructed an in-ground swimming pool and spa behind the residence in 2017. If the swimming pool had not been built, a detached garage may have been able to fit in this location without encroaching on the minimum yard requirements. Staff finds this criterion is not met. 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. Pursuant to the off-street parking requirements of the county’s zoning code, a minimum of two parking spaces is required for a single-family dwelling. The applicant’s home is equipped with a two-car garage which is similar in size to other properties in the same zoning classification. Therefore, the garage addition is not necessary to support a code requirement. Staff finds this criterion is not met. iv. The variance granted is the minimum variance that will make possible the reasonable use of the land, building, structure, or sign. The applicant is proposing to widen an existing two-car garage by 21 feet. Reducing the size of the structure would minimize the extent of the variances. Also, since the residence is already a legal nonconforming structure, the applicant could choose to add on to his garage without a variance if he stays within the existing nonconformity. Instead, the applicant is requesting to expand the nonconformity further into the west side yard by 0.6

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feet and into the south side yard by 1.1 feet. Staff finds this criterion is not met. 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. The purpose and intent of the R-4 Urban Single-Family Residential Classification is to provide medium-density residential developments, preserving the character of existing or proposed residential neighborhoods. The neighborhood includes single-family residences of a similar size. The addition will allow additional garage space for the applicant to store and secure his belongings. Four adjacent neighbors provided letters of support for the addition (attached). Staff did not receive any comments against the proposed addition. The addition will not be injurious to the area involved. Staff finds this criterion is met. V. STAFF RECOMMENDATION Deny variance request #1, case number V-18-049, as it does not meet all five criteria for granting said variance.

A variance for a west front yard from the required 25 feet to 20 feet to construct a garage addition to an existing single-family residence; and

Deny variance request #2, case number V-18-049, as it does not meet all five criteria for granting said variance.

A variance for a south front yard from the required 25 feet to 18.9 feet to construct a garage addition to an existing single-family residence on Urban Single Family Residential (R-4) zoned property.

Should the PLDRC find that the applicant does meet all five criteria for said variances, the following conditions are provided for consideration: Condition:

1. The property owner or authorized agents shall obtain and complete all required building and development permits and inspections for the proposed structure.

2. The addition shall be limited to the 21 foot by 22.7 foot area identified in the variance site plan for the July PLDRC hearing.

3. Any proposed driveway shift towards San Juan Circle shall be designed and

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constructed to current Volusia County codes with a minimum distance of 25 feet between the San Juan intersection return radius and the nearest point of the driveway.

4. The applicant shall obtain an after-the-fact building permit for the shed located along the northern property boundary. The shed shall be relocated to a minimum of five feet from the northern property boundary.

VI. ATTACHMENTS

Written Petition Survey Variance Site Plan Letters of Support 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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REVIEW COMMENTS

Case: V-18-049 RSN: 912038

TRAFFIC ENGINEERING

Melissa Winsett May 16, 2018

Comments:

Traffic Engineering has no comments on the proposed variance. Based on FDOT Design Standards "Site Distance at Intersections" requirements, the construction of the garage, as depicted on the application's site plan, would not cause a sight distance issue for drivers having to stop at the stop sign and look left or right. Although not depicted on the site plan, if the driveway will be relocated further to the west due to the variance approval (closer to San Juan Circle intersection), the driveway must have a minimum distance of 25-feet between the San Juan intersection return radius and the nearest point of the driveway. A proposed driveway shift most likely would not conflict with this code requirement; however, the applicant must design the driveway to meet this standard.

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ATLANTICOCEAN

TOMOKABASIN

HALIFAXRIVER

SUNNYBEACH DR

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EMERALD

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FRIENDLY

CIR

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PIERSIDE DR

OAKVIEW CIR

RAYMONDE CIR

SAN JOSE DR

WISTERIA DR

BRIGGS DR

SURFSIDE DR

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MARLIN DR

SEAFARERS DR

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VIA MADRID DR

AVALON DR

CAPRI DR

SANDPIPERRIDGE DR

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SAND DUNES DROCEAN

GROVE DR

BERKLEY RD

JUNIPER DR

CAMELLIA DR

ATLANTICSHO

RELINE

UVA1A

PROPERTY LOCATIONV-18-049

I 5/30/20181 " = 1,000 '

SUBJECT PROPERTY

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SUNNY BEACH DR

LITTLE

CAY CIR

EMERALD

ISLE CIR

JAMAICA CIR

SANJUAN

CIR

BIMINI

CIR

NASSAU CIR

BAYTREE

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BAHAMA CIR

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ISLANDCAY DR

DUNES CIR

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MARINERS DR

ATLANTIC

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SAND DUNES DR

OCEAN GROVE DR

AERIALV-18-049

IMAGE DATE 2015SUBJECT PROPERTY I 4/30/20181 " = 400 '

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R-5

R-6

R-8

RC

R-4

R-3

999

ATLANTICOCEAN

HALIFAXRIVER

SUNNY BEACH DR

ISLAND CAY DR

ANCHOR DR

SURFSIDE DR

SURFSIDE DR

IMPERIAL HEIGHTS DR

ICW N

SRA1A

(OCEAN

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DUNES CIR

OCEAN CIR

ANCHOR DR

ANCHOR DR

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MARINERS DR

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SUNNY BEACH DR

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SAND DUNES DR

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ANCHOR DR

UVA1A

I 1 " = 400 '

RESIDENTIAL

INCORPORATED

RESOURCE CORRIDOR

SUBJECT PROPERTY

ZONING CLASSIFICATIONV-18-049

4/30/2018

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ATLANTICOCEAN

HALIFAXRIVER

SUNNY BEACH DR

JAMAICA

CIR

SANJUAN

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BIMINI CIR

ISLAND CAY DR

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SAND DUNES DR

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UHI

UHI

UHI

ULI

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UMI

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FUTURE LAND USEV-18-049

I 4/30/20181 " = 400 '

ENVIRONMENTAL SYSTEMS CORRIDOR

URBAN HIGH INTENSITY

URBAN LOW INTENSITY

URBAN MEDIUM INTENSITY

WATER

SUBJECT PROPERTY

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ATLANTICOCEAN

HALIFAXRIVER

SUNNY BEACH DR

LITTLE CAY CIRJAM

AICA CIR

SAN JUAN CIR

BIMINI CIR

NASSAU CIR

BAY TREE CIRMO

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FRIENDLY

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EVERGREEN CIR

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HEIGHTS DR

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ANCHOR DR

ANCHOR DR

RIVER

WA

LKC

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MARI NER

SD

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UVA1A

ECO/NRMA OVERLAYV-18-049

I 4/30/20181 " = 400 '

ECO

NRMA

SUBJECT PROPERTY

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