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REVIEW COMMENTS DEVELOPMENT SERVICES DEPARTM~T MEMORANDUM #PZ 04-089 Staff Report Planning and Development Board and City Commission Meeting Date: April 27, 2004 File No: ZNCV 04-002 - Rear yard setback Location: 3416 South Lake Drive Owner: Mark Wantshouse Project: Addition to a single-family home on a parcel zoned R-1-AAB. Request: Relief from Chapter 2, Zoning Section 5.B.2.a, requiring a minimum rear yard setback of 25 feet for a single-family home within the R-1-AAB zoning district, to allow for a variance of 15 feet, and a rear yard setback of 10 feet. BACKGROUND The subject property and neighborhood are currently zoned R-1-AAB, single-family residential (see Exhibit "A" - Location Map). The home was developed in 1973 on lot 1 of the Lake Eden Subdivision, and it conforms to the current R-1-AAB zoning district building and site regulations. The subject property is located on the east side of South Lake Drive and abuts the L.W.D.D E-4 Canal to the east. The Lake Eden subdivision was originally platted in 1925. The platting pattern for the majority of the lots within that subdivision is rectangular in shape with the exception of the subject lot, which is irregularly- shaped (see Exhibit "B" - Lake Eden Subdivision). The subject request is in conjunction with a plan to expand the existing one-story single-family home with a 1,274 square foot addition (see Exhibit "C" - Site Plan/Survey). This planned expansion is consistent with redevelopment projects observed throughout the city. The requirements to build a single-family dwelling unit within the R-1-AAB zoning district are as follows: . Front and Rear setback: 25 feet; . Sides setback: 10 feet. The applicant is proposing the following setbacks: · Front setback: 25 feet; · Rear setback: 10 feet; . Sides setback: 10 feet. ANALYSIS The code states that the zoning code variance cannot be approved unless the board finds the following: Page 2 Wantshouse Variance File No. ZNCV 04-002 a. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures or buildings in the same zoning district. b. That the special conditions and circumstances do not result from the actions of the applicant. c. That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning district. d. That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would work unnecessary and undue hardship on the applicant. e. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. f. That the grant of the variance will be in harmony with the general intent and purpose of this chapter [ordinance} and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. Staff has conducted this analysis with emphasis on the uniqueness of the subject property relative to other parcels in the Lake Eden subdivision and neighborhood impact. Staff reviewed the requested variance focusing on the applicant's response to the above criteria contained in Exhibit "D". Staff concurs with the applicant that special conditions and circumstances exist, related to lot configuration, which are not the result of actions by the applicant, therefore satisfying criteria "a"and ''b''above. It should be noted that the construction of an addition at the rear of the existing house on the subject lot would not likely be feasible without encroaching within the required rear yard setback. Unlike typical rectangular-shaped lots, which have a rear and two (2) side yards, this property provides a front, a rear and one (1) side along the south property line. Further, the front (west) and rear (east) property lines taper to the north to form a triangle. Therefore the subject property presents a unique situation relative to other lots in the Lake Eden subdivision. Based on this information staff has found evidence of a hardship. Further, the review of previous variance applications limited to comparison with other lots within the subject subdivision, has revealed the uniqueness of the subject lot and the potential for zoning regulations to have unequal effects within the respective subdivision and within this zoning district (R-1-AAB). Staff also concurs with the applicant that the approval of this variance request will not confer any special privileges. Therefore, denial of this variance request would deprive the applicant of the rights already enjoyed by others owning standard sized lots within this subdivision. Therefore, criteria "c"and "d"are satisfied. With respect to criterion "e", which considers if the request is the minimum necessary to make possible the reasonable use of the property regardless of the placement on the lot, any substantial building addition to this single-family dwelling would still encroach into the rear setback. The proposed variance would allow improvements that permit "reasonable" use of the property, and which may contribute to an increase in the property value. Although staff acknowledged that reasonable use has been achieved through the existence of the current single-family structure, the approval of this variance as proposed would allow the applicant to achieve a comparable living area with other homes in the immediate vicinity. Further the current trend within the city, as evidenced by newly constructed and redeveloped homes, tends to encourage similar improvements regardless of lot constraints. It should be noted that if Page 3 Wantshouse Variance File No. ZNCV 04-002 this parcel was rectangular-shaped comparable to other lots along the canal, the proposed addition would be feasible without the necessity for the variance. Regarding the intent of the zoning regulation, and impacts on adjacent properties, staff acknowledges that if the standard building envelope is expanded closer to property lines, the impacts on adjacent properties can include reduced light, air flow and views. This is not the case with this request, due to the absence of a lot to the north, and the orientation and placement of homes along the canal. Lastly, staff finds that granting the variances will not be injurious to the area or detrimental to the public welfare. On the contrary, the proposed improvement will be consistent with existing characteristics of the neighborhood including lot sizes, lot frontages, house sizes and styles. It should be noted that a second story addition to avoid the setback variance, was not considered as an option in the staff analysis. The rational for this lack of consideration is again based on the comparison with the typical unit style within the surrounding area, which are single-story homes. CONCLUSIONS/RECOMMENDATION Based on the analysis contained herein, staff finds that a "hardship" exists. Staff also concludes that the approval of the requested variance will enhance the community by supporting home expansions in the neighborhood without negative impacts upon the neighborhood or city. Therefore, staff recommends that the requested variance be approved, thereby granting relief from the Land Development Regulations, Chapter 2-Zoning to allow: 1) A 1S-foot reduction from the twenty-five (2S) foot rear yard setback required by code to allow a 10-foot rear yard setback. No conditions of approval are recommended; however, any conditions of approval added by the Planning and Development Board or City Commission will be placed in Exhibit "E". MR/MDA S:\Planning\SHARED\WP\PROJECfS\Wantshouse Variance\STAFF REP,doc . 1 in. = 100.0 feet R -AAB \l:'~,',,' 'r';~~"\,\'" . j '"' () f' )_ .. . '//v") T f- n ~-;~:;:>-' LOCATION MAP WANTSHOUSE VARIANCE EXHIBIT "A" ~ . o t- I J 9,::~< ':! '!l ~ ~~;;U ~ :2 ~ .!J ? ~' Z {j < (: "" (I 'i ,- 6 G = ~ 1 ,) ') :2 I~ ~ 0 ( - lJI)-- ~111 ( -' 1 rt ': ~ \, !W ~ ~ IV 'l- 01'-''' Ill" ~ II' III ~ D 18 a... ~ ! 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Statement of special conditions, hardships or reasons justifYing the requested exception or variance. A. The subject property is an irregular shaped triangular property with only three sides making the rear property line and one side property line the same line, therefore without a variance the subject structure could not be added on to. If the subject property was a normal rectangular shaped property an addition of more than 500/c, larger than the proposed addition could be added without the need of a variance. B. The triangular shape of the property is due to the original platting of the subdivision, which the applicant did not and does not have any jurisdiction or control of. C. The granting of this variance will not confer on the applicant any special privilege that is denied by this ordinance to other properties. D. The literal interpretation of the provisions of this chapter would deprive the applicant rights commonly enjoyed by other properties in the same zoning districts and would create undue hardship to the applicant. The requested rear set back variance borders a Lake Worth Drainage District easement that is in excess of 80 feet. The requested variance will not decrease the distance between the current subject property's structure and any neighboring property structures. Variances generating much greater impact to surrounding properties have been granted in the same zoning district where by the granting of those variances decreased the distance between neighboring structures. E, The requested variance is the minimum variance that will make reasonable use of the property due to the irregular shaped property and the position of the structure on the property. F. The granting of this proposed variance will be in hannony with the intent and purpose of this chapter and would not be injurious to the area or detrimental to the public welfare. The granting of this proposed variance would be a textbook example of the granting of a variance allowing reasonable use of the property with no adverse effects to adjacent property owners. This would truly be a model example of a why a variance process exists, G. This proposed variance is not a variance request of minimum lot area or lot, frontage requirements and the acquisition of additional property is not available, EXHIBIT "E" Conditions of Approval Project name: Wantshouse File number: ZNCV 04-002 Reference' I DEPARTMENTS I INCLUDE I REJECT I PUBLIC WORKS- General Comments: None PUBLIC WORKS- Traffic Comments: None UTILITIES Comments: None FIRE Comments: None POLICE Comments: None ENGINEERING DIVISION Comments: None BUILDING DIVISION Comments: None PARKS AND RECREATION Comments: None FORESTER/ENVIRONMENTALIST Comments: None PLANNING AND ZONING Comments: None ADDITIONAL PLANNING & DEVELOPMENT BOARD CONDITIONS Conditions of Approval 2 DEPARTMENTS INCLUDE REJECT Comments: 1. To be determined. ADDITIONAL CITY COMMISSION CONDITIONS Comments: 1. To be determined. S :\Planning\SHARED\ WP\PROJECTS\ Wantshouse Variance\COA,doc S:\Planning\Planning Templates\Condition of Approval 2 page -P&D ORA 2003 form.doc