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PUBLIC HEARING: July 16, 2020 - Planning and Land Development Regulation Commission (PLDRC)

CASE NUMBER: V-20-069

SUBJECT: A variance to separate nonconforming Agriculture (A-2) zoned property.

lots on Rural

LOCATION: 1934 Poinsettia Drive, Port Orange

APPLICANT(S): Luke Rimek

OWNER(S): Same As Above

I. SUMMARY OF REQUEST

A variance is needed to separate non-conforming lots in order to obtain a building permit to rebuild an existing residence.

Variance 1: A variance to Section 72-206(1) of the Zoning Ordinance to separate parcel 6222-01-00-0031 and 6222-01-00-0032 from parcel 6222-01-00-0030.

Staff Recommendation:

Approve the variance, case number V-20-069, as the variance meets five of the five criteria for granting said variance.

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.II. SITE INFORMATION

1. Location: Poinsettia Drive, approximately 945 feet east of Old Tomoka Farms Road

2. Parcel Number: 6222-01-00-0031, 6222-01-00-0032, 6222-01-00-0030 3. Property Size: ±19,998 square feet, ±43,996 square feet and ±3.49

acres, respectively. 4. Council District: 2 5. Zoning: Rural Agriculture (A-2) 6. Future Land Use: Rural 7. Overlays: Not Applicable 8. Local Plan Area: Tomoka Farms Village 9. Adjacent Zoning and Land Use:

DIRECTION ZONING FUTURE LAND USE EXISTING USE.

North: A-2 Rural Single-family residence

East: A-2 Rural Single-family residence

South: A-2 Rural Single-family residence

West: A-2 Rural Single-family residence

10. Location Maps:

ZONING MAP FUTURE LAND USE MAP

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III. BACKGROUND AND OVERVIEW

The subject parcel consists of Parcels 6222-01-00-0031 and 6222-01-00-0032, and is located on Poinsettia Drive, approximately 1/2 mile west of the City of Port Orange. It is zoned Rural Agriculture (A-2), which requires a minimum of five acres to meet the zoning code requirements. The parcel is only 1.47 acres in size, which makes it nonconforming to the zoning code. A nonconforming lot letter, written by Attorney’s Title Fund Services, LLC, dated April 8, 2020, indicated that the parcel was held in common ownership with other parcels in the past.

Historically, the subject parcel was held in common ownership with the parcel to the north and to the east. Two residences and an assortment of accessory structures were added to the three properties throughout the years. Parcels 6222-01-00-0031 and 6222-01-00-0032 were sold to the Hawes family in 1983 and again to the Pindell family in 1991. They were subsequently sold to the applicant in 1999. At that time, the applicant’s parcels were developed with a single-family home and two large accessory structures.

The applicant applied for a residential building permit to replace the residence in March 2020. The issuance of the building permit is on hold until the applicant separates his lots from the

one he does not own (6222-01-00-0030). The third lot is currently owned by Rhoda Williams and also includes a single-family residence. The applicant was approved a lot combination exemption to create a unified building parcel on June 26, 2020. Approval of this variance will allow the applicant to obtain a building permit to replace the home.

IV. REVIEW CRITERIA AND ANALYSIS

Section 72-379(1)a.4 of the Zoning Ordinance contains five applicable criteria by which a variance application may be granted. The following staff evaluation is based on these criteria:

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.

This parcel was previously owned in conjunction with the parcel to the north and the parcel to the east. The applicant purchased the subject parcel and the parcel to the north in 1999. The applicant is required by the county to legitimize the subject nonconforming lots prior to issuing a building permit for the new home.

Staff finds that this criterion is met.

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ii. The special conditions and circumstances do not result from the actions of the applicant.

These subject parcels were sold off by a previous owner without the benefit of a variance. The current owner was not responsible for this action. He recently received approval of a lot combination for the two lots that he purchased, and is now awaiting issuance of a building permit to build a new home; however, this cannot be accomplished until his parcel is separated from the parcel to the east.

Staff finds that this criterion is 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.

There is a pending building permit to replace the single-family home. Literal interpretation of the ordinance would prevent the applicant from re-establishing a residence on the property.

Staff finds that this criterion is met.

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

It is the minimum variance required to separate the applicant’s parcel from the neighboring parcel so that he can obtain a building permit to reconstruct the home.

Staff finds that this criterion is 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.

There was a single-family residence on the property when it was purchased by the applicant. He is in the process of improving the property by replacing the older home with a new home that meets the current requirements of the Florida Building Code. Such a variance will not be injurious to the area involved.

Staff finds that this criterion is met.

V. STAFF RECOMMENDATION

Approve the variance, case number V-20-069, as the variance meets five of the five criteria for granting said variance.

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VI. ATTACHMENTS

Variance Site Plan Written Petition Surveys Farm Building Affidavit Letter of Support Map Exhibits

VII. AUTHORITY AND PROCEDURE

The commission may, except as otherwise provided in Section 72-379 of the zoning ordinance, 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.

Pursuant to Section 72-412, no variance shall be granted, in whole or in part, unless four members concur. A tie vote shall be grounds for continuance to the next scheduled meeting.

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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VARIANCE SITE PLAN

V-20-069

SUBJECT PARCELS

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jrflowersTypewritten TextSURVEY

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CR41

T

PROPERTY LOCATION V-20-069

PLANTAT IO

N

HO

ME W

AY

OA

K

BREEZEAV

HYATT CREEK

LNCARM

ODY

LAKE DR

SOPHIA CT

CODY CT

BRISKEYCT

ESTERO LOOP

PALM

FROND

LN

ANHIN

GADR

COVE POINT RD

LID

OW

AY

HALIFAX DR

TARLETON LN

CRAN

ELA

KES

BLVD

AVOCADO DR

HUTCHIN

ST

CA

LAD

ESI ST

YELLOWFIN DR

5(TO

MO

KAFARM

S RD)

C OVE P OINT RD

OWN WEST BLVD

OLD DAYTONA RD

OLD

SA

MSU

LA R

D

CORACI BLVD

W

EEPIN

G ELM CI R

AVOCADO DR

ESTERO

LOO P

MEA

DO

W L

N

JERRY CI

R

UV415

1 " = 1,000 ' SUBJECT PROPERTIES I 5/29/2020

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AERIAL V-20-069

CR415 (TO

MO

KA FARM

S RD )

JERRY CIR

HALIFAX DR

AVOCADO DR

POINSETTIA DR

UV415

1 " = 400 ' SUBJECT PROPERTIES IMAGE DATE 2018 I 5/29/2020

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CR41

5(T

OM

OKA

FARM

SRD

)

JERRY CIR

HALIFAX DR

AVOCADO DR

POINSETTIA DR

RR

RC

A-2

RA

PORT ORANGE

UV415

ZONING CLASSIFICATION V-20-069

I 5/29/2020 1 " = 400 '

ZONING BNDY

RESIDENTIAL

INCORPORATED

AGRICULTURAL

RESOURCE CORRIDOR

SUBJECT PROPERTIES

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FUTURE LAND USE V-20-069

CR415 (TO

MO

KA FARM

S RD )

JERRY CIR

HALIFAX DR

AVOCADO DR

POINSETTIA DR

C

R

PORT ORANGE

UV415

I 1 " = 400 ' SUBJECT PROPERTIES 5/29/2020 CONSERVATION

RURAL

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ECO/NRMA OVERLAYV-20-069

CR415 (TO

MO

KA FARM

S RD )

JERRY CIR

HALIFAX DR

AVOCADO DR

POINSETTIA DR

PORT ORANGE

UV415

I 5/29/2020 1 " = 400 '

ECO

NRMA

SUBJECT PROPERTIES

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