growth and resource management department …growth and resource management department planning and...

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

PUBLIC HEARING: November 14, 2017 – Planning and Land Development Regulation Commission (PLDRC)

CASE NO: V-17-052 SUBJECT: Modification to the building height condition of approval that

was granted on August 8, 2017 by the PLDRC on Urban Single-Family Residential/Indian River Lagoon Surface Water Improvements and Management Overlay Zone (R-9W) zoned property.

LOCATION: 6524 Turtlemound Road, New Smyrna Beach APPLICANT: William Allen, agent for owner OWNER: Susan K. Kinard STAFF: Scott Ashley, AICP, Senior Zoning Manager

I. SUMMARY OF REQUEST At the PLDRC hearing of August 8, 2017, the applicant was granted four variances to the minimum dimensional requirements of the R-9 zoning classification to allow construction of a single-family dwelling on the subject property located on Turtlemound Road, New Smyrna Beach. This variance approval was subject to five conditions recommended by staff and two additional conditions implemented by the PLDRC. The applicant is requesting a rehearing of this variance to provide new information regarding the intended building plans for the proposed single-family dwelling, and to remove the PLDRC implemented Condition 7. Specifically, the applicant is requesting the following variance condition of approval be removed:

7. The single-family dwelling shall be limited to a two-story building height. Staff Recommendation: The original staff recommendation of approval for this variance still applies as the findings of the evaluation criteria are unchanged. The commission must decide whether to continue to require Condition 7 as part of the approval of the variance request.

of 35

II. BACKGROUND AND PREVIOUS ACTIONS The subject property consists of parts of Lots 11 and 12, Unit 4 of Bethune-Volusia Beach Subdivision, which was platted in the mid-1940s. When originally platted, the lots were 25 feet wide by 100 feet in depth. However, Florida Department of Transportation (FDOT) acquired land for the realignment of State Road A-1-A, now known as Turtlemound Road, in the early 1960s. A considerable portion of the lot frontage was taken to create a 100-foot right-of-way. The remaining parcel now measures 50 feet by 50 feet or 2,500 square-foot. The owner’s representative was before the PLDRC on August 8, 2017, with an application for four variances. The variances pertained to a proposed residential structure and the physical condition of the lot, and were granted as requested. During the public hearing, there was considerable discussion between the commission, the applicant and an adjoining neighbor regarding the proposed height of the future residential structure. Pursuant to available information, staff presumed that the proposed residential structure would be two-stories in height. The original applicant stated a two-story home would be built, which pleased the adjacent neighbor. Thus, the four requested variances were granted to allow construction of a single-family dwelling, subject to conditions 1-5 recommended by staff and new conditions 6 and 7 added by the PLDRC. The approved conditions for variance case V-17-052 were as follows:

1. The developer shall comply with the Indian River Lagoon Surface Water Improvements and Management Overlay Zone requirements of the Land Development Code, including stormwater retention and open space/landscaping criteria.

2. The variances are limited to a proposed single-family dwelling with a dimension of

40 feet wide and 25 feet deep. The applicant shall submit a revised variance plan to the Planning office within ten working days from the date of the hearing that is in compliance with the staff recommendations.

3. No impervious surfaces or structures shall be constructed or placed upon the

subject property except as shown on the approved site plan. No balconies, decks, or stairways shall extend or overhang into any yard area established by this variance.

4. The applicant or successors shall maintain the required area for two off-street parking spaces that shall not extend into the public right-of-way. Therefore, the ground floor carport or garage shall not be converted to conditioned or unconditioned living area.

5. The property owner or authorized agents shall obtain the required permits and

inspections and comply with any other Federal, State and County fees, codes or ordinances.

6. The garage shall be located at the northernmost portion of the lot.

of 35

7. The single-family dwelling shall be limited to a two-story building height.

However, Ms. Kinard, whom did not attend the August PLDRC meeting, indicates that it has always been her intent to build a three-story home. According to the applicant, the variance information provided to staff for the original variance hearing was outdated. A copy of the building plans for the intended three-story home is enclosed with this report. However, for staff to accept the proposed home plans for permitting requires the PLDRC to either rescind Condition 7 to delete the two-story height limit, or the PLDRC could established a more numerically measurable maximum height standard. Under the R-9 zoning classification the maximum allowable building height standard is 35 feet. The original staff report is attached for review, as well as the minutes of the August 8, 2017 discussion of the original variance request. III. STAFF RECOMMENDATION The original staff recommendation of approval for the four requested variances subject to conditions still applies as the findings of the evaluation criteria are unchanged. However, the commission must decide whether to continue to require Condition 7 as part of the approval of the variance request. IV. ATTACHMENTS

Applicant’s supplemental information for reconsideration of variance condition #7 Minutes of June August 8, 2017 public hearing for case V-17-052 Rendition Letter Original staff report presented to PLDRC on August 8, 2017

V. 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.

of 35

3S

HE

ET

NO

.

DA

TE

:

LLC

PHONE: (386) 428-5834 - FAX: (386) 409-3781

ENGINEERING PLANNING DRAFTINGNDERSON IXON,A D

C ANDERSON - DIXON, LLC. These documents and their contents are the property of ANDERSON - DIXON, LLC and are issued only for the specific project noted on these drawings. Any reproductions, revisions, or modifications of these documents without the expressed written consent of ANDERSON - DIXON, LLC is prohibited by law.

DATE: NOTES:REV.

102 SOUTH ORANGE STREET

RICHARD J. DIXON, P.E.PROFESSIONAL ENGINEER

(386) 428-5834NEW SMYRNA BEACH, FL

FL. REG.# 47544

32168

CLIENT:DBA

CHECKED BY:

DRAFTER:

PROJECT NO. 17-xxxx

RD

07-27-17

of 35

ysomers

Received by E-Mail

ysomers

Typewritten Text

08/24/17 YS

Excerpt from the minutes of the PLDRC meeting of August 8, 2017. These minutes have been approved by the PLDRC on October 3, 2017.

PLANNING AND LAND DEVELOPMENT REGULATION COMMISSION

PUBLIC HEARING HELD AUGUST 8, 2017

V-17-052 – Application of Glenn D. Storch, attorney for Susan K. Kinard, owner, requesting variances to the minimum yard and the maximum lot coverage requirements on Urban Single-Family Residential/Indian River Lagoon Surface Water Improvements and Management Overlay Zone (R-9W) zoned property. The property is located at 6524 Turtlemound Road, New Smyrna Beach; ± 2,500 square feet; 8505-01-47-0110. Scott Ashley, AICP, Senior Zoning Manager, presented the staff report. Mr. Ashley explained to the commission that the requested variances to the minimum yards and the maximum lot coverage requirements would allow the construction of a single-family dwelling. Due to the State acquisition and realignment of State Road A-1-A to Turtlemound Road in the early 1960’s, a considerable portion of lot frontage was taken for right-of-way and the lot now measures 50 feet in depth, rather than the originally platted depth of 100 feet. Mr. Ashley explained that the former property owner was granted variance (V-16-024) approval for a substandard lot, front, rear and side yard setbacks, and for the maximum lot coverage requirements. All, but the substandard lot approval, has since expired. Mr. Ashley stated that staff can support the re-establishment of the previous variance (V-16-024) approval, but expressed concerns with the proposed 120-square foot rear deck, as it will encroach into the requested rear yard setback. Mr. Ashley referred to page 11 of 25 of the staff report, and said that Condition #3 of the previously approved variance (V-16-024) required that no balconies or stairways shall extend or overhang into any yard area established on the approved variance plan. Therefore, staff is recommending the removal of the 120-square foot rear deck in order to maintain the minimum variance request. There being no questions of staff, the floor was opened to the applicant. Glenn D. Storch, Esquire, Storch Law Firm, 420 S. Nova Road, Daytona Beach, Florida. Mr. Storch explained that his client, Susan K. Kinard, cannot construct a single-family dwelling without variance approval to setback and lot coverage requirements. Mr. Storch referred to page four of 25 of the staff report, and agreed with staff’s assessment of constructing a three-story dwelling would not be in character with the surrounding area. Mr. Storch said his client would agree to an added condition to limit the building height to a two-story single-family dwelling, and was in support of staff’s recommendation of approval of the requested variances. There being no questions of the applicant, the floor was opened to public participation. William Nosan, 6525 Engram Road, New Smyrna Beach, Florida. Mr. Nosan stated his property is the northwest lot adjacent to the subject property. Mr. Nosan said that he has no objection to the requested variance reduction to the west rear setback to 10 feet and the north and south side setback to five feet. Mr. Nosan expressed concerns with the potential noise that maybe generated with the proposed walkway in the front yard. Mr. Nosan asked the commission to consider a conditional approval limiting the location of the entrance to the proposed single-family dwelling to the southernmost portion of the lot. Mr. Nosan inquired what mechanism was in place preventing the property owner from constructing a three-story dwelling, with a minimum floor area of 1,000-square foot, on the small lot. Member Young referred to page 13 of 25 of the staff report, and asked Mr. Nosan to identify where the southernmost portion of the lot was located for the requested entrance of the dwelling.

of 35


Mr. Nosan identified part of Lot 12, Block 47 of the Bethune-Volusia Beach Unit 4 of 7 Units plat, as the southernmost portion of the lot as his preferred entrance of the dwelling, which is below the dotted line, as referenced on page 13 of 25 of the staff report. Chair Severino thanked Mr. Nosan for his participation in the public hearing and appreciated his comments. Mr. Storch clarified that for his client to have reasonable use of the property, a southernmost entrance to the single-family dwelling can be designed as well as relocate the garage to the northernmost portion of the lot. William (Bill) E. Allen, Jr., Allen and Son Construction, LLC, 829 East 14th Avenue, New Smyrna Beach. Mr. Allen explained that the architectural drawings were originally drawn so the entrance to the dwelling was from the middle of the structure and the garage was located to the left of the entrance (southernmost portion of lot). Mr. Allen said that the architectural drawings could be drawn so that the design of the dwelling is flipped. Mr. Storch asked Mr. Nosan if this was acceptable. Chair Severino asked for a five-minute recess so that the parties involved can resolve the concerns of the adjacent neighbor, Mr. Nosan. Mr. Storch stated that during the recess, additional terms were negotiated with Mr. Nosan to gain support for the variance approval. The term are as follows: (1) The entrance of the dwelling will be near the center of the lot adjacent to the relocated garage to the north; (2) Any area built on the lower section (first floor) will not have access to the rear of the structure and will only have access to the south; (3) No other extensions, as indicated in staff Condition #3, on page seven of 25 of the staff report, shall be permitted into the required yard. Mr. Nosan expressed a preference of a portion of the downstairs (first floor garage area) to be walled to protect and buffer any potential noise from the property. Chair Severino asked Mr. Storch is there were any other conditions that the commission needed to consider. Member Young inquired if Mr. Storch had any objection to restricting construction of the structure to a two-story single-family dwelling. Mr. Storch responded no. There being no further public participation, the floor was opened for commission discussion. Member Mills clarified the added condition to relocate the garage to the northernmost portion of the lot and the entrance to the single-family dwelling is to be determined when the architectural drawings are finalized. There being no further commission discussion, Chair Severino asked for a motion. Member Mills MOVED to APPROVE case number V-17-052, a variance for a front yard from the required 25 feet to 15 feet (Variance 1); a variance for a rear yard from the required 20 feet to 10 feet (Variance 2); a variance for side yards from the required 7 feet to 5 feet (Variance 3); and a variance to the maximum lot coverage from the allowed 35 percent to 40 percent (Variance 4) on Urban Single-Family Residential/Indian River Lagoon Surface

of 35


Water Improvements and Management Overlay Zone (R-9W) zoned property, subject to the following staff recommended conditions, plus two (2) Conditions added by the PLDRC:


2. The variances are limited to a proposed single-family dwelling with a dimension of 40 feet wide and 25 feet deep. The applicant shall submit a revised variance plan to the Planning office within ten working days from the date of the hearing that is in compliance with the staff recommendations.

3. No impervious surfaces or structures shall be constructed or placed upon the

subject property except as shown on the approved site plan. No balconies, decks, or stairways shall extend or overhang into any yard area established by this variance.

4. The applicant or successors shall maintain the required area for two off-street

parking spaces that shall not extend into the public right-of-way. Therefore, the ground floor carport or garage shall not be converted to conditioned or unconditioned living area.

5. The property owner or authorized agents shall obtain the required permits and

inspections and comply with any other Federal, State and County fees, codes or ordinances.

6. The garage shall be located at the northernmost portion of the lot.

7. The single-family dwelling shall be limited to a two-story building height.

Mr. Storch clarified that verbal agreement with Mr. Nosan requested the entrance of the dwelling is to be from the center of the lot. Member Mills responded that the location of the entrance to the single-family dwelling will not be a condition of the variance approval. Member Young SECONDED the motion. Motion CARRIED unanimously (5:0).

of 35

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

PUBLIC HEARING: August 8, 2017 – Planning and Land Development Regulation Commission (PLDRC)

CASE NO: V-17-052 SUBJECT: Variances to minimum yard and maximum lot coverage

requirements on Urban Single-Family Residential/Indian River Lagoon Surface Water Improvements and Management Overlay Zone (R-9W) zoned property.

LOCATION: 6524 Turtlemound Road, New Smyrna Beach APPLICANT: Glenn Storch, attorney for owner OWNER(S): Susan K. Kinard STAFF: Scott Ashley, AICP, Senior Zoning Manager

I. SUMMARY OF REQUEST The applicant is requesting four variances to construct a single-family dwelling on the subject property located on Turtlemound Road, New Smyrna Beach. The property is 50 feet wide by 50 feet deep, for a total of 2,500 square feet. The variance requests are as follows:

1: A variance for a front yard from the required 25 feet to 15 feet; 2: A variance for a rear yard from the required 20 feet to 10 feet; 3: A variance for side yards from the required 7 feet to 5 feet; 4: A variance to the maximum lot coverage from the allowed 35 percent to 40 percent

on Urban Single-Family Residential/Indian River Lagoon Surface Water Improvements and Management Overlay Zone (R-9W) zoned property.

Staff Recommendation: Approve the variance requests 1 through 4, case number V-17-052, as the application meets all five criteria for granting said variances, subject to the staff recommended conditions.

of 35

II. SITE INFORMATION

1. Location: West side of Turtlemound Road, approximately 250 feet south of the intersection of Turtlemound Road and Grouper Avenue.

2. Parcel No(s): 8505-01-47-0110 3. Property Size: 2,500 square feet 4. Council District: 3 5. Zoning: Urban Single-Family Residential/ Indian River Lagoon Surface

Water Improvements and Management Overlay Zone (R-9W) 6. Future Land Use: Urban Low Intensity (ULI) 7. ECO Overlay: No 8. NRMA Overlay: No 9. Adjacent Zoning and Land Use:

10. Maps:

ZONING MAP FUTURE LAND USE MAP

DIRECTION ZONING FUTURE LAND USE CURRENT USE

North:

R-9W

Urban Low Intensity

Single-family dwelling

East:

R-9W

Urban Low Intensity

Undeveloped lot and single-family

dwellings

South:

R-9W

Urban Low Intensity

Undeveloped lot

West:

R-9W

Urban Low Intensity

Undeveloped lot and single-family

dwellings

of 35

III. BACKGROUND AND PREVIOUS ACTIONS The applicant has applied for four variances to construct a single-family dwelling. The subject property consists of parts of Lots 11 and 12, Unit 4 of Bethune-Volusia Beach Subdivision, which was platted in the mid-1940s. When originally platted, the lots were 25 feet wide by 100 feet in depth. However, Florida Department of Transportation (FDOT) acquired land for the realignment of State Road A-1-A, now known as Turtlemound Road, in the early 1960s. A considerable portion of the lot frontage was taken to create a 100-foot right-of-way. The remaining parcel now measures 50 feet by 50 feet. The lot is zoned Urban Single-Family Residential/Indian River Lagoon Surface Water Improvements and Management Overlay Zone (R-9W). The R-9W zoning standards require a minimum lot area of 7,500 square feet and a minimum lot width of 75 feet. Therefore, the lot is nonconforming because it contains only 2,500 square feet, and it is substandard because it has less than 5,000 square feet of area. The applicant has provided the attached nonconforming lot letter from Reliant Title Group indicating that the property is a lawful, nonconforming lot, and therefore a permit may be issued. However, to build a house on the lot, several variances are being requested. The former property owner, Mr. Robert Kinard, was granted approval of variances for a substandard lot, front, rear and side yards, and for maximum lot coverage by the PLDRC in 2006, under case V-06-024. However, Mr. Kinard did not implement the variances within the twelve-month time frame dictated by the Volusia County Zoning Ordinance, and the approval subsequently expired. The one variance that did not expire was the variance to build on a substandard lot. The applicant is proposing to build a two-story, single-family dwelling to contain 1,000 square feet of living area and be elevated to provide parking underneath the house. The total area proposed represents a 40% lot coverage in lieu of the 35% maximum allowed. Each requested variance is described below, along with a brief discussion of the justification for the request. Variances 1 and 2. The standard yard requirements for an R-9W zoned property are a 25-foot front yard, a 20-foot rear yard and 7-foot side yards. Based on these setbacks, the buildable footprint of the house is limited to 36 feet wide by 5 feet deep. The applicant is requesting the variances to create a building footprint to 40 feet wide by 25 feet deep. Both front and rear yard variances are common requests for 50-foot by 50-foot properties in this area due to the taking of additional right-of-way for Turtlemound Road. The 50-foot deep lots situated in this subdivision block on the west side of Turtlemound Road have been granted the similar front and rear yard variances. Again, because the taking of additional right-of-way for Turtlemound Road contributed to the reduction in lot depth of this property, a hardship for this variance is justified. Variance 3. This variance is to reduce the minimum side yard requirement for a principal dwelling from the required seven feet to five feet.

of 35

The proposed dwelling is two stories. The proposed first floor is unenclosed parking/storage area. The second floor proposes a 40-foot by 25-foot enclosed living area, which meets the R-9 classification floor area requirement of 1,000 square feet. However, the applicant is able to meet the required minimum floor area with a one-story living area because of the side yards reduction to five feet. The applicant is not restricted from building a three-story home, subject to a 35-foot maximum building height. This would enable the applicant to shift some living area to another level and still meet the minimum floor area requirement, and meet the seven-foot side yard standard. A three-story home will not be out of character in the Bethune Beach neighborhood. Though, none of the adjoining houses in the immediate area exceed two stories. Building a third story on a house with such a small footprint would create the appearance of a tower, and would not be in character with homes within the immediate area. Variance 4. This variance is to increase the maximum lot coverage from the required 35 percent to 40 percent. Lot coverage is defined as “that area from the ground up that is occupied by principal and accessory buildings”. In this case, although the ground level will be open, the entire footprint of the second floor of the structure counts toward lot coverage. Given the substandard size of the lot, a lot coverage of 35% limits the building footprint to 875 square feet. The proposed house has a 1,000 square-foot footprint. If the additional right-of-way had not been taken for Turtlemound Road, up to 1,750 square feet of lot coverage would be allowed and a variance would not be needed. Thus, to accommodate the additional 125 square feet of building footprint, an increase in lot coverage of five percent is needed. The property is within Indian River Lagoon Surface Water Improvements and Management Overlay Zone, which requires specific landscaping and stormwater retention requirements, per county code Sections 72-1096 thru 72-1103. The property will comply with these requirements. IV. REVIEW CRITERIA AND ANALYSIS VARIANCE PLAN – The applicant has resubmitted the same variance plan from the 2006 variance case, which shows a proposed 1,000 square-foot rectangular structure. The plan indicates an 18-foot wide driveway on the south end of the structure, which could accommodate two motor vehicles on a driveway that provide under-building parking. In addition, there is a proposed 120 square-foot deck that extends the entire width of the intended dwelling. Based on the parcel and building dimensions, this deck would be approximately three feet in depth, thereby, resulting in a seven-foot rear yard rather than the ten-foot being requested. The proposed rear deck must be removed from the home design. It does not fit within the dimensions of the lot and proposed home. VARIANCE CRITERIA - 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 is based on these criteria:

of 35

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. With the right-of-way acquisition and realignment of Turtlemound Road, approximately 2,500 square feet was removed from the lot, rendering it a substandard sized lot. If the right-of-way had not been taken, it would not be substandard and there would be sufficient room to build a house without need of the requested variances. All four variance requests meet this criterion. ii. The special conditions and circumstances do not result from the actions of the applicant. The lot was reduced in size with the widening of Turtlemound Road in the early 1960s. The current owner, Ms. Susan Kinard, has been an owner of the property since 2011. It is considered a legal nonconforming lot. The owner is not responsible for the current size or shape of the lot. All the variance requests meet this criterion. 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. The property is considered a legal nonconforming lot and therefore eligible to obtain building permits. However, without the granting of variances for this lot, the applicant would be deprived of rights commonly enjoyed by other properties in the same zoning classification. The requested variances work in concert to allow a house design that is compatible in scale with the lot size and architectural character of the neighboring properties. If any one of these variances is denied, the footprint of the building area must change, which will either cause revised variance requests and/or an increased height of the structure, likely resulting in a house design that may be out of character with the area. Additionally, the yard area and lot coverage variances have been previously granted to the property. Staff finds that all four variance requests 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. Technically, variances 1 through 4 could be minimized to require less encroachment into the front, rear and side yards, and less lot coverage. However, the lot is exceptionally small, and the proposed house design is reasonable for this sized lot while maintaining the architectural character of a home in the Bethune Beach neighborhood. As discussed above, meaningful minimization of these variances will result in the shifting of variances and/or an impractical design of the house.

of 35

However, decks are commonly ground supported structures attached to a dwelling. This makes the proposed deck a part of the principal structure that must meet the applicable yard requirements. Given the setback dimensions being requested, staff does not support the extension of the 120 square-foot rear deck, or the allowance of any other exterior appurtenance to the dwelling into any yard area. Staff finds that all four variance requests meet this criterion, with recommendation to delete the deck from the house plan. 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 the requested variances makes it possible for the applicant to obtain permits for construction of a proposed new single-family home with a conforming footprint area and a customary shape and size on the subject property. Granting these variances will be in harmony with the surrounding neighborhood and the intent of the zoning code, and will not be injurious to the area involved. Staff finds that all four variance requests meet this criterion.

V. STAFF RECOMMENDATION Approve the variance requests as follows, case number V-17-039, as the application meets all five criteria for granting said variances, subject to the staff recommended conditions set forth below:

Variance 1: A variance for a front yard from the required 25 feet to 15 feet; Variance 2: A variance for a rear yard from the required 20 feet to 10 feet; Variance 3: A variance for side yards from the required 7 feet to 5 feet; Variance 4: A variance to the maximum lot coverage from the allowed 35 percent to 40

percent to construct a single-family dwelling on Urban Single-Family Residential/Indian River Lagoon Surface Water Improvements and Management Overlay Zone (R-9W) zoned property.

Conditions:


of 35

2. The variances are limited to a proposed single-family dwelling with a dimension of

40 feet wide and 25 feet deep. The applicant shall submit a revised variance plan to the Planning office within ten working days from the date of the hearing that is in compliance with the staff recommendations.

3. No impervious surfaces or structures shall be constructed or placed upon the subject property except as shown on the approved site plan. No balconies, decks, or stairways shall extend or overhang into any yard area established by this variance.

4. The applicant or successors shall maintain the required area for two off-street

parking spaces that shall not extend into the public right-of-way. Therefore, the ground floor carport or garage shall not be converted to conditioned or unconditioned living area.

5. The property owner or authorized agents shall obtain the required permits and inspections and comply with any other Federal, State and County fees, codes or ordinances.

VI. ATTACHMENTS

Written Petition and Variance Site Plan Survey Nonconforming lot letter 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.

of 35

By ysomers at 11:00 am, Jun 28, 2017

of 35

EN

GR

AM

RD

ATLAN

TIC A

V S

RIV

ER

RD

ATLAN

TIC S

HO

RE

LINE

CR

A1A

(TUR

TLEM

OU

ND

RD

)

FLOUNDER AV

GROUPER AV

LADYFISH AV

KINGFISH AV

MULLET AV

EEL AV

HALIBUT AV

HADDOCK AV

GARFISH AV

HERRING AV

EN

GR

AM

RD

ATLANTIC OCEAN

TURNER FLATS

CEDAR CREEK

VARIANCE

CASE NUMBERV-17-052

IREQUEST AREA LOCATION 1 " = 400'

of 35

EEL AV

HERRING AV

GRUNION AV

MULLET AV

GARFISH AV

GROUPER AV

FLOUNDER AV

KINGFISH AVHALIBUT AV

LADYFISH AV

HADDOCK AV

RIV

ER

RD

ENG

RA

M R

DC

R A

1A (TU

RTLEM

OU

ND

RD

)ATLA

NTIC

AV S

ATLAN

TIC

SHO

RELIN

E

VARIANCEAERIAL 2015CASE NUMBER

V-17-052

1"= 400' IREQUEST AREA

of 35

EN

GR

AM

RD

ATLAN

TIC A

V S

RIV

ER

RD

CR

A1A

(TUR

TLEM

OU

ND

RD

)

FLOUNDER AV

GROUPER AV

LADYFISH AV

KINGFISH AV

MULLET AV

EEL AV

HALIBUT AVHADDOCK AV

GRUNION AV

EN

GR

AM

RD

VARIANCECASE NUMBER

V-17-052

I1"= 400'ZONING CLASSIFICATION

REQUEST AREA

COMMERCIAL

CONSERVATION

RESIDENTIAL

RESOURCE CORRIDOR

RCW

B-8WR-8W

RC

CW

R-9W

B-4W

R-7W

CW

B-8W

of 35

ENG

RA

M R

D

EEL AV RIV

ER

RD

HADDOCK AV

GARFISH AV

MULLET AV

GROUPER AV

CR

A1A (TU

RTLE

MO

UN

D R

D)

ATLAN

TIC AV

S

RIV

ER

RD

ENG

RA

M R

D

GROUPER AV

CR

A1A (TU

RTLE

MO

UN

D R

D)

RIV

ER

RD

ATLAN

TIC AV

S

ENG

RA

M R

D

VARIANCEFUTURE LAND USECASE NUMBER

V-17-052

1"= 400' I

REQUEST AREA

ENVIRONMENTAL SYSTEMS CORRIDOR

URBAN HIGH INTENSITY URBAN LOW INTENSITY

WATER

W

UHI

ULI

ESCUHI

ULI

ATLANTIC OCEAN

of 35

EN

GR

AM

RD

ATLAN

TIC A

V S

RIV

ER

RD

ATLA

NTIC

SH

OR

ELINE

CR

A1A

(TUR

TLEM

OU

ND

RD

)

FLOUNDER AV

GROUPER AV

LADYFISH AV

KINGFISH AV

MULLET AV

EEL AV

HALIBUT AVHADDOCK AV

GARFISH AV

GRUNION AV

HERRING AV

EN

GR

AM

RD

VARIANCECASE NUMBER

V-17-052

1"= 400'ECO/NRMA I

NRMAECO REQUEST AREA

of 35

growth and resource management department …growth and resource management department planning and...

Documents