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APPLICATION 2929 VARIANCE TO REDUCE STREET SIDE YARD REQUIREMENT

This application seeks a variance to decrease the minimum 15-foot setback requirement for the street side yard on a corner lot in the SFR-2 zoning district. The variance would allow an existing fence to remain in its current placement.

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APPLICATION 2929 VARIANCE TO REDUCE STREET SIDE YARD REQUIREMENT

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  1. APPLICATION 2929 VARIANCE TO REDUCE STREET SIDE YARD REQUIREMENT

  2. Overview

  3. Request • Variance to reduce the minimum 15 foot street side setback for a corner lot in the SFR-2 zoning district. • Variance would allow an existing fence to remain in its current placement.

  4. Aerial Community Development Department

  5. Aerial Community Development Department

  6. FLU Map & Zoning Map Designations

  7. Approved Permit

  8. As-Built Survey

  9. Site Photos • North property line looking south

  10. Site Photos • North property line looking south

  11. Site Photos • South property line looking north

  12. As-built Survey Exhibit • Overlay

  13. Site Photos • Rear corner of lot

  14. Review findings S2.12.03 of LDC • Special conditions and circumstances exist which are peculiar to the land, use or building involved and which are not applicable to other lands, uses or buildings in the same zoning district; – YES, parcel is 25% wider at the front as compared to the rear. This taper makes the lot irregularly shaped. 2. The special conditions and circumstances are not self-imposed and do not result from the actions of the applicant. – NO, the fence line does not match approved permit. The placement of permitted screen enclosure limits fence options. • Literal interpretation of the provision of the LDC would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the LDC…..

  15. Variance Criteria (cont.) – YES, if 15 minimum street setback is applied the owner would lose ability to comfortably access rear yard given the placement of the permitted screen enclosure. 4. Variance is the minimum relief necessary that will make possible the reasonable use of the land or building – NO, an 11.3 foot variance is not the minimum necessary standard to access rear yard. A reduced variance would allow access to the rear yard.

  16. Variance Criteria (cont.) • The granting of the variance will be in harmony with the general intent and purpose of the LDC and will not be injurious to the area involved or otherwise detrimental to the public health, safety and welfare or injurious to other property in the area. -NO, granting the variance after the fact is contrary to the intent and purpose of Code implementation. However, granting the variance would not impact site distance or be directly injurious to area.

  17. Staff Recommendation Staff recommends that the Planning and Land Development Regulation Board: DENY Application 2929 because variance standards 2, 4, and 5 of S2.12.03(A) of the City of Palm Coast Land Development Codehave not been met. Should the Planning and Land Development Regulation Board determine a variance is justified, staff recommends: • The variance be limited to 4 feet to allow owner to access rear yard; Subject to the following conditions: • Submittal of a revised fence permit within 30 days; • Installation of an approved fence within six months or the variance shall expire.

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