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GROWTH AND RESOURCE MANAGEMENT DEPARTMENT PLANNING AND DEVELOPMENT SERVICES DIVISION CURRENT PLANNING ACTIVITY 123 W. Indiana Avenue, DeLand, FL 32720 (386) 943-7059

PUBLIC HEARING: November 13, 2012 - Planning and Land Development

Regulation Commission (PLDRC) CASE NO: V-12-037 SUBJECT: Variance to setbacks for a front porch and stairway on Urban

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

LOCATION: 6369 River Road, New Smyrna Beach APPLICANT: James Morris, Esquire OWNER: Clay A. Lyles STAFF: John H. Stockham, ASLA, Planner III I. SUMMARY OF REQUEST The applicant requests setback variances for two existing accessory structures installed along the front of his existing residence. The applicant hired a contractor to cut and level a portion of the front yard area to lower and reconstruct the property driveway. In addition, the contractor constructed an elevated, open front porch and front stairways. Both of these accessory structures extend into the front yard setback. The requested variances are: Variance 1: A front yard setback variance from the required 25 feet to 20 feet for an accessory structure (elevated open porch). Variance 2: A front yard setback variance from the maximum allowed 21.5 feet to 16 feet for an accessory front stairway. Staff recommendation: Denial, as both requested variances do not meet the five criteria for granting of the variances; however, staff has provided recommended conditions should the Commission find that the variances do meet the five criteria.

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II. SITE INFORMATION

1. Location: The property is located on the east side of River Road at its intersection of Eel Avenue, in the community of Bethune Beach.

2. Parcel No(s): 8505-01-58-0660 3. Property Size: ± 10,000 sq. ft. 4. Council District: 3 5. Zoning: R-9W 6. Future Land Use: Urban Low Intensity 7. ECO Overlay: No 8. NRMA Overlay: No 9. Adjacent Zoning and Land Use:

10. Location Maps:

AERIAL MAP ZONING MAP

DIRECTION ZONING FUTURE LAND USE CURRENT USE North: R-9W Urban Low Intensity Single-family

home East: R-9W Urban Low Intensity Single-family

home South: R-9W Urban Low Intensity Single-family

home West: R-9W Urban Low Intensity Single-family

home

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III. BACKGROUND AND PREVIOUS ACTIONS The applicant’s house sits on an elevated lot that includes a sloping driveway. The ground elevation change from the River Road pavement to the front elevation of the applicant’s home was approximately 4 to 5 feet, based on county LiDAR elevation information. A distance of 28 feet exists between the front lot line and the home’s western wall. The applicant indicates that the inclined driveway made parking difficult, and aggravated a personal medical condition. A contractor was hired to cut and remove a portion of the front yard area to construct a new, level driveway. The contractor also constructed an 8-foot by 32-foot elevated concrete porch and a front stairway. The driveway width changed from 14 feet to 22 feet, which accommodates two cars. Per the applicant’s permit plans, both porch and stairway are 35 inches in height. These two accessory structures extend into the front yard area producing a 20-foot setback for the porch and a 16-foot stairway setback. Per subsection 72-177 (7) of the zoning code, “…unenclosed stairways may project into any yard for 3½ feet or half of the yard wherever is less.” Under the R-9W zoning classification, the maximum front yard projection would allow a stairway setback of 21.5 feet. This case is the result of a notice of violation sent to the applicant on June 12, 2012, citing construction of the porch and stairway without the required building permit. The applicant submitted a building permit application on June 21, 2012. During the staff permit review it was determined the front porch and stairways did not meet building setbacks. This review was placed on hold so that the applicant could apply for the subject front yard variances. IV. REVIEW CRITERIA AND ANAYLSIS Section 72-379 (1) a. 4 Variances of the zoning code contains five applicable criteria by which the PLDRC may grant a variance. Staff bases its evaluation 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. Variances 1 and 2: The special circumstance is that the 8-foot wide porch structure already exists and encroaches into the front yard area. However, it is the staff assessment that there are no special conditions peculiar to the land involved in this application as an inclined driveway is not unique to this property. The parcel has no peculiar lot configuration that prevented the applicant from installing a new level driveway, and raised front porch and entry stairway in compliance with code. . Staff finds the application does not meet this criterion for Variances 1 and 2. ii. The special conditions and circumstances do not result from the actions of the applicant. Variances 1 and 2: The applicant actions are responsible for the setback encroachments caused by construction of the elevated porch and stairway.

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Staff finds that the application does not meet this criterion for Variances 1 and 2. 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. Variances 1 and 2: Literal interpretation of the ordinance requires principal and accessory building and structures on all R-9 zoned properties to meet the same minimum front yard setback of 25 feet. However, modifying five feet of the raised front porch will involve substantial reconstruction of the concrete structure and relocation of the stairway to achieve the required setback standard. Approval of the requested variances will enable the applicant to complete the current building permit application process and resolve a code compliance matter. Staff finds that the application can meet this criterion for Variances 1 and 2, with conditions. iv. The variance granted is the minimum variance that will make possible the reasonable use of the land, building, structure, or sign. Variances 1 and 2: It is the staff evaluation that the requested variances are not the minimum variances to provide reasonable use of the property, and provide adequate access and separation between the home and driveway. The two variances are the minimum request to maintain the structures in their present state with no further site disturbance. Also, if granted, the variances will allow building permit review to legitimatize the construction of the elevated porch stairway. Staff finds that the application can meet this criterion for Variances 1 and 2, with conditions. 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. Variances 1 and 2: Granting the variances is in harmony with the code as they do not have a negative impact on the health and safety of the public. As attested by the submitted letters of support from adjacent neighbors, the requests will not be injurious to the surrounding area. Staff finds that the application can meet this criterion for Variances 1 and 2, with conditions. V. STAFF RECOMMENDATION

Staff finds that the applicant does not meet all five criteria to grant both requested variances. Therefore, staff recommends denial; however, if the PLDRC determines that this application does meet the five criteria for granting the variances, then staff offers the following conditions for the Commission’s consideration:

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Variance for a front yard setback from the required 25 feet to 20 feet for an elevated, open porch (Variance 1); and a variance for a front yard setback variance from the maximum allowed 21.5 feet to 16 feet for a concrete stairway (Variance 2), subject to the following conditions:

1. The requested variance shall be limited to the elevated front porch and stairs shown and dimensioned on the property survey/site plan prepared by James Marvin Bunn Professional Surveyor, Inc., date signed 7/11/12, and building permit plan dated June 12, 2012. Any future expansion of the subject structures shall require separate variance(s) and building permits.

2. The porch shall remain as an open-air concrete porch without any enclosures, other than the required handrails.

3. The property owner(s) or authorized agent(s) shall obtain and complete all required building permits and inspections for the subject structures. In addition, the applicant shall make application and obtain approval to combine the four underlying platted lots (Lots 64-67) associated with Parcel 8505-01-58-0660 with a Combination of Lots of Record application through the Volusia County Land Development office prior to issuance of the required building permit.

VI. ATTACHMENTS

Variance site plan Written Petition Reviewer comments Site Photos Maps

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.

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Inter-Office Memorandum

TO: John Stockham, Planner III DATE: September 20, 2012 FROM: Brenda Borgiet, Environmental Specialist II SUBJECT: Planning & Land Development Regulation Commission meeting for Date: October 09, 2012 Parcel #: 8505-01-58-0660 Case #: V-12-037, Clay A. Lyles, owner Environmental Permitting (EP) has conducted a site inspection of the parcel and reviewed the Variance application for the Lyles property. This parcel is located within the Indian River Lagoon Surface Water Improvements and Management Overlay Zone, otherwise known as the Class II overlay. The requirement of this Class II ordinance is to provide a volume of stormwater retention equivalent to one-half-inch of depth over the entire lot. The Class II overlay also requires property within the boundary to maintain or plant 35% native vegetation. This property is located in the Volusia County Gopher Tortoise Overlay. All gopher tortoises and their burrows are protected by the Florida Fish and Wildlife Conservation Commission, as well as Division 17 of the Land Development Regulations. Any development of the parcel will require compliance with Division 17 regulations. EP has no objection to the reduction of the front yard setbacks for the patio and stairway addition. However, any future construction activity on the parcel may require the project to meet the provisions of the Class II Land Development Regulations.

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