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

PUBLIC HEARING: March 18, 2021 – Planning and Land Development Regulation Commission (PLDRC)

CASE NUMBER: V-21-054

SUBJECT: A variance to the minimum yard requirements on Transitional Agriculture (A-3) zoned property

LOCATION: 728 Hazen Road, DeLand

APPLICANT(S): James and Kerri Baker

OWNER(S): Same As Above

I. SUMMARY OF REQUEST

It is the applicants’ desire to construct an 30-foot wide by 36-foot long carport in the south side yard. In order to do so, a variance is being requested to the minimum side yard setback as follows:

Variance: A variance to reduce the south side yard from the required 25 feet to eight feet for a proposed carport.

Staff Recommendation:

Deny the variance, case number V-21-054, as the variance fails to meet four of the five criteria for granting said variance.

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II. SITE INFORMATION

1. Location: West side of Hazen Road, approximately 900 feet south of its intersection with West Plymouth Avenue, in the DeLand area

2. Parcel Number: 7007-00-00-0800 3. Property Size: ±1.05 acres 4. Council District: 1 5. Zoning: Transitional Agriculture (A-3) 6. Future Land Use: Urban Low Intensity (ULI) 7. Overlays: Not Applicable 8. Local Plan Area: Not Applicable 9. Adjacent Zoning and Land Use:

DIRECTION ZONING FUTURE LAND USE EXISTING USE

North: A-3 Urban Low Intensity Single-Family Residential

East: City of DeLand A-3

City of DeLand Urban Low Intensity

Hazen Road; Citrus Grove Elementary School

South: A-3 Urban Low Intensity Single-Family Residential

West: A-3 Urban Low Intensity Single-Family Residential

10. Maps:

ZONING MAP FUTURE LAND USE MAP

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III. BACKGROUND AND OVERVIEW

The parcel is located on the west side of Hazen Road, approximately 900 feet south of its intersection with West Plymouth Avenue, in the DeLand area. A single-family residence and a pool with an enclosure are located on the property. The residence and pool were built in 2005 by the applicants with permits.

The parcel is considered a standard interior lot and is zoned Transitional Agriculture (A-3). The A-3 zoning classification requires a minimum lot size of one-acre and a minimum lot width of 150 feet. The parcel is ±1.05 acres in area and 158

feet in width. The applicable minimum yard requirements are as follows: Front – 40 feet, Side – 25 feet, and Rear – 40 feet. Accessory structures in all agricultural zoning classifications must meet the same minimum yard requirements as the principal structure.

In January of 2021, the applicants inquired about building a carport over an existing concrete pad at the end of their driveway on the south side of the house. They were informed that the minimum setback to the side property line was 25 feet. Any lesser setback would require approval of a variance. The applicants desire to construct a 30-foot wide by 36-foot long carport to protect a recreational vehicle that is already being parked on a concrete pad attached to their driveway. The proposed location of the carport exceeds all other required setbacks with the exception of the requested variance to the south property line.

Based on staff’s review of the survey, there appears to be sufficient room on the north side of the asphalt driveway to construct the proposed carport without the need for a variance. However, the applicants claim this area of the property is where the septic tank and drainfield are located. Additionally, the applicants chose the proposed location because existing tree cover shields the proposed placement of the carport from view of the neighboring property to the south as well as from Hazen Road.

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IV. REVIEW CRITERIA AND ANALYSIS

Variance Criteria

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.

The A-3 zoning classification requires all accessory structures to comply with principal structure setbacks. It is recognized that there is an existing slab on the south side of the house where the applicants currently park their recreational vehicle. Never the less, there are no special conditions associated with the land or structure that would require the carport be placed in the proposed location. The property is large enough that the carport could be located elsewhere without the need of a variance.

Staff finds that this criterion is not met.

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

There are no special conditions or circumstances associated with the land, which would mandate this variance. The proposed location of the carport is driven by the desire of the applicants.


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 over one-acre in size. The carport can be constructed on the north side of the asphalt driveway. The applicants believe this alternative location is not ideal because their septic tank is located in that area and the placement of the carport in front of the house would block their view of the property. The applicants desire the proposed location because there is already an existing concrete pad in this location and the structure would not be visible from the road due to the dense tree cover. Unfortunately, these are not criterion for evaluating variances. Therefore, literal interpretation of the code would not deprive the applicants of any rights commonly enjoyed by other properties in the same zoning classification.


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

This is not the minimum variance to make reasonable use of the land or make possible the placement of this accessory structure on the property. The applicant has not demonstrated there are no other alternatives to the proposed location.


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.

As proposed, the carport is sited eight feet from the south property line. Due to the existence of dense vegetation abutting the property line, the proposed location would be the least visible from both Hazen Road and abutting properties. The applicants have provided a letter of support from the neighbor to the south. Therefore, the location of the proposed carport is not likely to be injurious to the area involved. It should also be noted the property to the north received a variance for a similar structure.

Staff finds that this criterion is met.

V. STAFF RECOMMENDATION

Deny the variance, case number V-21-054, as the variance fails to meet four of the five criteria for granting said variance.

Should the PLDRC find that the applicants have provided competent substantial evidence to support approval of the variance; the following conditions are provided for consideration:

1. The applicants shall obtain and complete the required building permits and inspections for the proposed carport.

2. The variance is limited to the 30-foot by 36-foot carport as shown on the variance site plan attached. No extension or enlargement of this structure shall be allowed without approval of another variance.

VI. ATTACHMENTS

Written Petition Variance Site Plan Survey EP Memo Letter of Support Map Exhibits

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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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V-21-054 Variance Site Plan

Variance: A variance to section 72-277(1) of the Zoning Ordinance to reduce the south side yard from the required 25 feet to eight feet for a proposed carport.

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Planning - [EX] Application for a Variance, case number V-21-054

From: Michael Mading <[email protected]>To: <[email protected]>Date: 3/8/2021 9:27 AMSubject: [EX] Application for a Variance, case number V-21-054

CAUTION: This email originated from outside Volusia County's email system. DO NOT CLICK links or attachments unless you recognize the sender and/or know the content is safe.

To Whom it May Concern;

My name is Michael E. Mading I reside at 740 Hazen Rd Parcel # 7007-00-00-0830, my property abuts and is west of James & Kerri Baker's property. My wife (Juliana M Mading) and I have no issue with their request for the subject variance. James & Kerri are very responsible custodians of their property and my wife and I do not believe that the intended purpose of this variance will in no way diminish the aesthetic value of the neighborhood.

Sincerely

Michael E. and Juliana M. Mading

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PROPERTY LOCATION V-21-054

BRIT

TLE

FERN

AV

DEE

R F

ERN

AV

HA

ZEN

RD

MAR

JORI

E RA

WLI

NGS

DR

CYPRESS OAK CIR

MINNESOTA AV W

SOU

THER

N

WIN

DS

BLV

D

RIVER FERN LN

CYPRESS OAK CIR

CR 4092 (PLYMOUTH AV W)

RID

GEW

OO

D A

V N

ROBINWO OD DR

W HITE OAK WAY

COUNTRY VIEW CIR

CABBAGE CT

HOLLY BLVD

FOREST TRACEDR

NO NAME KEY DR

COUNTY

DELAND

I 1 " = 500 ' SUBJECT PROPERTY 2/11/2021

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AERIAL V-21-054

DELAND

COUNTY

CYPRESS OAK CIR

HA

ZEN

RD

CYP

RES

S O

AK

CIR

1 " = 200 ' SUBJECT PROPERTY IMAGE DATE 2018 I 2/11/2021

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HA

ZEN

RD

CYPRESS OAK CIR

CYP

RES

S O

AK

CIR

ZONING CLASSIFICATION V-21-054

A-3

SUBJECT PROPERTY I 1 " = 200 ' 2/11/2021

ZONING BNDY AGRICULTURAL

INCORPORATED

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FUTURE LAND USE V-21-054

CYPRESS OAK CIR

HA

ZEN

RD

CYP

RES

S O

AK

CIR

DELAND ULI

SUBJECT PROPERTY

INCORPORATED

I 1 " = 200 ' 2/11/2021

URBAN LOW INTENSITY

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ECO/NRMA OVERLAYV-21-054

DELAND COUNTY

CYPRESS OAK CIR

HA

ZEN

RD

CYP

RES

S O

AK

CIR

I 2/11/2021 1 " = 200 '

ECO

NRMA

SUBJECT PROPERTY

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