November 13, Planning and Land Development Regulation Commission (PLDRC)

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1 1 of 29 GROWTH AND RESOURCE MANAGEMENT DEPARTMENT PLANNING AND DEVELOPMENT SERVICES DIVISION CURRENT PLANNING ACTIVITY 123 W. Indiana Avenue, DeLand, FL (386) PUBLIC HEARING: CASE NO: SUBJECT: LOCATION: APPLICANT: OWNER: STAFF: November 13, Planning and Land Development Regulation Commission (PLDRC) V Variance to the side yard setback requirement for an accessory structure on Urban Single-Family Residential (R-4) zoned property. 8 Seafarers Drive, Ormond Beach Keegan Greene, agent for owner Eight Seafarers LLC, Chester Perkowski, Managing Member Christian Nagle, AICP, Planner II I. SUMMARY OF REQUEST The applicant is requesting a setback variance to install an accessory swimming pool screen enclosure within the south side yard area of the above referenced property. The property is a corner lot that includes a single-family dwelling, and a swimming pool that has a nonconforming south side yard setback. The swimming pool is located to the rear of the dwelling and fenced. The applicant intends to place the proposed screen enclosure on top of the existing pool deck. The requested variance is: A variance for a south side yard setback from the required 5 feet to 2.5 feet for an accessory swimming pool screen enclosure on Urban Single-Family Residential (R-4) zoned property. Staff recommendation: Approve with staff recommended conditions.

2 2 of 29 SITE INFORMATION 1. Location: The property is located at the intersection of Seafarers Drive and Pirates Cove, Ormond Beach. 2. Parcel No(s): Property Size: 14,375 square feet 4. Council District: 4 5. Zoning: R-4 6. Future Land Use: Urban Medium Intensity 7. ECO Overlay: No 8. NRMA Overlay: No 9. Adjacent Zoning and Land Use: DIRECTION ZONING FUTURE LAND USE CURRENT USE North: R-4 UMI Single-family dwellings East: R-4 UMI Single-family dwellings South: R-4 UMI Single-family dwellings West: R-4 UMI Single-family dwellings 10. Location Maps: 2012 AERIAL MAP ZONING MAP III. BACKGROUND AND PREVIOUS ACTIONS The property includes a single-family dwelling built in 1974 and an in-ground accessory swimming pool built in 1975 per property appraiser s records. The swimming pool is 6.2- feet from the south side property line, fenced and located behind the dwelling.

3 3 of 29 However, the pool s concrete deck that the screen enclosure will be attached to is 2.5 feet from the south property line. At the time the swimming pool was constructed, it met the applicable setback regulations of the former North Peninsula Zoning District R-1 Single-Family Dwelling zoning classification. These former regulations required a swimming pool to be set back a minimum of six (6) feet from any property line or building. Subsection (1) (a) of the zoning code requires swimming pools constructed on R-4 zoned property to meet minimum 8-foot setbacks from any side or rear property line and swimming pool screen enclosures to have minimum 5-foot setbacks from any side or rear property line. The zoning code has no minimum setback requirement between a swimming pool and a building. Further, the referenced code does not permit swimming pools and screen enclosures in platted easements. The existing swimming pool is located in a platted 5-foot wide drainage and utility easement lying along the southerly property line per the property survey and the applicant s plot plan. However, at their meeting of July 26, 2012, the Volusia County Council vacated this 5-foot easement with adoption of Resolution No Based on available information, staff considers the swimming pool a nonconforming structure, as defined by Section of the zoning code. Approval of the requested variance will allow a proposed accessory swimming pool screen enclosure on the property with a 2.5-foot south side yard setback instead of the minimum required 5 feet. The purpose of the screen enclosure is to provide the pool users with protection from insects and moderate sun shading for better enjoyment of pool area. IV. REVIEW CRITERIA AND ANALYSIS Section (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: 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. Staff finds there are special conditions and circumstances peculiar to the structures involved because the existing single-family dwelling and accessory swimming pool were built in 1974 and 1975 respectively per Property Appraiser s records. In 1975, the property was zoned with a single-family residential classification under the former North Peninsula Zoning District regulations. Those regulations were in effect on January 18, 1975, and they required a swimming pool to be set back a minimum of 6 feet from any property line or building. Staff considers the swimming pool a nonconforming structure, as defined by Section of the zoning code. The swimming pool has a nonconforming 6.2-foot setback from the south side property line.

4 4 of 29 Additional, the pool s configuration and the design of the proposed screen enclosure (with 0.7-foot wide framing), there will be limited space (as little as 0.5 feet) between the pool and the proposed screen enclosure to access the south side of the pool, without variance approval as depicted on the property survey and variance site plan. Staff finds the application meets this criterion. ii. The special conditions and circumstances do not result from the actions of the applicant. The applicant is not responsible for the construction of the single-family dwelling, the swimming pool, or the swimming pool s nonconforming 6.2-foot south side yard setback. Staff finds the application meets 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. Literal interpretation of the zoning code provisions would not prevent construction of an accessory swimming pool screen enclosure around the existing swimming pool. However, the applicable zoning code provision limits the applicant s ability to have a pool enclosure that provides requested internal access around the entire swimming pool. Granting the requested variance allows a minimum ±3-foot wide separation around the entire south side of the existing nonconforming swimming pool, for general access and maintenance. It is common for owners of conforming accessory swimming pools on R-4 zoned property to have swimming pool screen enclosures that allow convenient access to and around their pools. Except for its proposed south side yard setback, the applicant s proposed pool screen enclosure will appear similar to other pool screen enclosures in the R-4 zoning classification. The applicant s petition states that a pool screen enclosure would provide insect protection and lower daytime temperatures for pool users. Staff finds that, with conditions, this application can 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. The property owner has reasonable use of the property and the existing accessory swimming pool, which is fenced. A swimming pool screen enclosure is not required to have reasonable use of the property. However, based on review of the property survey and applicant s plot plan, approval of the requested variance is necessary to construct a pool enclosure that provides the requested 3-foot wide internal access to and around the south side of the existing swimming pool.

5 5 of 29 Staff finds that, with conditions, this application can meet this criterion. 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 , as amended, and that such variance will not be injurious to the area involved. Granting the variance does not block adequate light or air to adjoining properties. The requested variance should not be injurious to the immediate area as a privacy fence encloses the pool area. The abutting property owners to the south submitted a letter of no objection to variance application submission. Staff found no specific comprehensive plan policies applicable to this case. Staff finds that the application meets this criterion. V. STAFF RECOMMENDATION Staff finds that the application can meet all five of the required criteria, subject to conditions, to grant the requested variance. Therefore, staff recommends approval of a variance for a south side yard setback from the required 5 feet to 2.5 feet for an accessory swimming pool screen enclosure on Urban Single-Family Residential (R-4) zoned property, subject to the following conditions: 1. The south side yard setback variance is limited to the proposed accessory swimming pool screen enclosure structure only, consistent with the enclosed variance site plan and swimming pool screen enclosure elevations drawing. 2. The proposed swimming pool screen enclosure structure shall not have a solid roof or solid sides without approval of a separate variance. 3. The property owner or authorized agent(s) shall obtain and complete all required building permits and inspections for the proposed accessory swimming pool screen enclosure structure. VI. ATTACHMENTS Variance site plan and swimming pool screen enclosure elevations drawing Survey Written petition Letter of no objection and applicant photos Maps

6 6 of 29 VII. AUTHORITY AND PROCEDURE The commission may, except as otherwise provided in Section 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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14 14 of 29 8 Seafarers Dr. Ormond Beach, FL Request for Variance to build aluminum screen enclosure.

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16 SW corner of patio looking North 16 of 29

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19 SE corner of patio looking West 19 of 29

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21 21 of 29 NE corner of patio looking at South steps

22 North end looking at South Steps 22 of 29

23 23 of 29 Measurement from Property Line to edge of pool ( shortest distance).

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25 25 of 29 Changing the depth of the pool from 9 to 4

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