HomeMy WebLinkAboutItem 19 Variance Request for Romero at 606 Center Street, VR-22-06Meeting Date: September 20, 2022
Item #: 13-
Reviewed By:
Contact Name: Anoch Whitfield, Zoning MaDepartment Director:
Contact Number: 407-554-7079 City Manager:
1
Michael,rra`w'
Background Summary:
The applicant/property owner, Jose Romero, is requesting approval of variance from Section 5-14A and
corresponding Table 5-2 to reduce the front building setback from twenty-five (25) feet to six (6) feet, representing
a 76% setback reduction, in order to allow the installation of a carport nineteen (19) feet inside of the minimum
setback of an existing single-family home.
The subject property is located at 606 Center Street and is zoned R-1A (Single -Family Dwelling District). Per
Table 5-2 of the Land Development Code (LDC), the minimum zoning regulations for development within the R-
1A zoning district are as follows:
Lot Size
Front
Setback
Side
Setback
Rear
Setback
Lot
Width
Max Building
Coverage
Maximum
Impervious
Max Building
Height
Minimum Living
Area
8,000 SF
25 FT
7.5 FT
25 FT
70 FT
40%
50%
35 FT
1,200 SF
The subject property is a corner lot with roadway right-of-way frontage along the east side (Cardinal Street) and
south side (Center Street). Per Section 5-4.G, Article V, LDC, "on any corner lot, the applicable front yard
setback shall apply to both street frontages." Consequently, the east and south property lines are considered
front yards and, as such, are subject to the required front yard setback of 25 feet, as per LDC Section 5-14A and
corresponding Table 5-2.
The existing home, at its furthest southern point, is 24.3 feet from the south property line, and the southernmost
point along the house where the applicant proposes to attach the carport is 26 feet from the property line. The
applicant desires to install a pre -fabricated 24' wide and 20' deep carport. This places the proposed carport
approximately 6 feet from the south property line, resulting in a nineteen (19) foot (approximately 76%)
encroachment into the minimum 25-foot setback. Therefore, the applicant is seeking a variance to reduce the
front setback from 25 feet to 6 feet.
According to Article IV, Section 4-9A, approval of a variance requires that the applicant demonstrate:
(1) That special conditions and circumstances exist which are peculiar to the land, structures, or required
subdivision improvements involved and which are not applicable to other lands, structures, or required
subdivision improvements;
(2) That a literal interpretation of the provisions of these regulations would deprive the applicant of rights
commonly enjoyed by other properties with similar conditions;
(3) That the special conditions and circumstances do not result from the actions of the applicant; and
(4) That the granting of the variance requested will not confer on the applicant any special privilege that is denied
by these regulations to other lands, structures, or required subdivision improvements under similar conditions.
Applicant Response: The applicant asserts that the variance will not grant any special privileges, will not
encroach on the City's right-of-way, and will not cause any visual blockage to citizens traveling throughout
the city. He further asserts that the granting of the variance is necessary for the preservation of a substantial
property right possessed by other property owners. He states that the proposed variance does no harm to
either public or private interests, is not injurious to any property, and allows for a safer covered area that will
protect him, his vehicles, and other property from the weather.
Staff Analysis: Staff finds that 1) no special conditions and circumstances exist peculiar to this site, 2) the
literal interpretation of the Code would not deprive the applicant of rights commonly enjoyed by other
properties with similar conditions, and 3) the granting of the variance would confer special privileges that are
denied by these regulations to other projects and structures on the site. Staff further finds that the
circumstances of this variance are related to the applicant's desire for an additional covered parking area in
front of the house. The staff's findings are based on the following analysis:
1) Based on the City's permitting system. the property was issued a building permit (2493-2019) for a 20' x
40' carport (800 SF) in the northwest area of the property and a building permit (2235-2018) to add 1,610
SF of paver area (23 feet x 70 feet) along the north side of the property, which includes a second driveway
off of Cardinal Street.
2) Based on the aerials on the Orange County Property Appraiser (OCPA) website, in 2021, it appears that
an additional roof was added to the 2019 carport. In 2022, the yard area between said new carport roof
and the 2018 pavers appears to have been covered with impervious material. No permits were found
for these improvements in Laserfiche or SAGE. The survey submitted with this variance application is
not dated; however, it does not show the improvements from the two (2) permits or the additional
impervious surface areas (ISA), which may not have been permitted.
The subject property contains approximately .31 acres. Using OCPA Tools, staff estimates that the
property contains approximately 7,447 SF of impervious surface area, representing 55% ISA, which
exceeds the maximum 50% ISA for the residential zoning district. The additional proposed carport would
add another 120 SF net new ISA area, thus increasing the ISA to roughly 56%.
3) The 2019 street view shows two (2) garage doors in the area on the front (south) house elevation where
the carport is proposed. Using street view (see image below), staff shows (in red) the proposed location
of the carport being requested in relation to the garage doors. It is not clear whether or not the garages
have been converted into livin• s•ace.
I •
•
Therefore, staff did not identify a need or justification for the requested variance and did not support the variance.
2
Issue:
Should the Honorable Mayor and City Commission approve a variance to Table 5-2, as established by Section
5-14, to reduce the front building setback from twenty-five (25) feet to six (6) feet, representing a 76% setback
reduction, in order to allow the installation of a carport nineteen (19) feet inside of the minimum setback for an
existing single-family home?
Planning and Zoning Commission Recommendation:
The Planning and Zoning Commission (PZC) reviewed and discussed the proposed variance at its public hearing
on Tuesday, August 30, 2022. No citizens spoke for or against the request. The PZC voted to recommend denial
of the variance request.
Staff Recommendations:
Based on the findings stated above and the requirements of Section 4-9 of Article IV and Table 5-2 of Article,
staff recommends that the City Commission deny the variance request to reduce the minimum front building
setback from twenty-five (25) feet to six (6) feet for the property located at 606 Center Street, assigned parcel
ID number 17-22-28-4864-01-090, and not allow installation of an attached carport for an existing single-family
home within six (6) feet of the right-of-way.
Attachments:
Location Map
Aerial Map
Zoning Map
Survey
Financial Impact:
None
Type of Item: (please mark with an x )
❑x Public Hearing
❑ Ordinance First Reading
❑ Ordinance Second Reading
❑ Resolution
❑x Commission Action
Discussion & Direction
❑ Original Document/Contract Attached for Execution by City Clerk
❑ Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by
For Clerk's Dept Use:
• Consent Agenda
• Public Hearing
O Regular Agenda
3
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