V-13-017 - Volusia County Government

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ii. The special conditions and circumstances do not result from the actions of theapplicant.Variances 1 and 2: This parcel is comprised of lots from the Bethune Beach plat, which wasrecorded prior to the adoption of the zoning ordinance. The applicant has submitted anonconforming lot letter, which indicates that neither the current owner, nor any previousowners, has owned any adjacent or contiguous lots after the adoption of the zoningordinance. At this time, the property is considered a legal, nonconforming lot through nofault of the applicant. Staff finds that the application for variances 1 and 2 meet thiscriterion.iii. Literal interpretation of the provisions of this ordinance would deprive theapplicant of rights commonly enjoyed by other properties in the same zoningclassification, under the terms of the ordinance, and would work an unnecessaryand undue hardship on the applicant.Variance 1: Literal interpretation of the provisions of this ordinance would work anunnecessary and undue hardship on the applicant. The proposed location of the handicapaccessibleelevator is the most reasonable and cost effective placement possible.Variance 2: The construction of a 3-foot wide wood balcony on the second and third floorsis allowed to extend into any yard for either 3 ½ feet or half of the yard, whichever is less, ifit can be considered a balcony. The difference between a balcony and a deck refers to themethod of support construction. If the support is constructed into the ground (supportbeams or poles), then it is a deck. If the support is constructed into the vertical structurethrough cantilevers, then it is considered a balcony. Therefore, a variance is required forthe construction of the support poles to a deck which is otherwise allowed per the zoningordinance.Staff finds that the application for variances 1 and 2 meet this criterion with the conditionsrecommended by staff.iv. The variance granted is the minimum variance that will make possible thereasonable use of the land, building, structure, or sign.Variances 1 and 2: The applicant has designed the proposed elevator so that the variancenecessary is the minimum variance possible to convert the structure into a handicapaccessiblestructure. The proposed deck has been designed so that the impact into therear yard will be negligible. Staff finds that variances 1 and 2 meet this criterion with theconditions recommended by staff.v. The grant of the variance will be in harmony with the general intent and purposeof 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: The requested variances are in harmony with the general intent andpurpose of the zoning ordinance and the Comprehensive Plan and are not injurious to thearea involved. Staff finds that the application for variances 1 and 2 meet this criterion.Page 4 of 5
V. STAFF RECOMMENDATIONStaff finds that the requested variances meet all five of the required criteria for the grantingof a variance. Therefore, staff recommends approval of a variance for the front yard fromthe required 10 feet to 4 feet (Variance 1) and a variance for the rear yard from the required12 feet to 9 feet (Variance 2) on Urban Single-Family Residential/Indian River LagoonSurface Water Improvements & Management Overlay (R-9W) zoned property, subject tothe following conditions:1. The variances apply only to the proposed additions on the variance site plan. Anyfuture expansion of the residence into the front, rear or side yards shall require aseparate variance.2. The support poles for the elevated deck cannot be enclosed or converted into livingarea, or enlarged, increased, or extended to further encroach or occupy any greaterarea or other part of the side yard, or other yards, of the property as defined by thezoning ordinance, without approval of a separate variance, building permits andinspections3. The applicant must submit a combination of lots application, to combine Lots 17 and18, block 53, of the Bethune Volusia Beach Unit 6 plat, with the Land DevelopmentOffice.VI. ATTACHMENTSVariance site planWritten petition and photosReviewer commentsMapsVII. AUTHORITY AND PROCEDUREThe 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 zoningenforcement official, such variance or variances from the terms of this ordinance as will notbe contrary to the public interest when, owing to special conditions, a literal enforcement ofthe provision of this ordinance would result in unnecessary and undue hardship. Saidvariance application shall be heard only if it is presented by the person owning 51 percentor more of the specific area of land involved or upon an administrative application by thecounty council.Any new information to be presented at the planning and land development regulationcommission meeting for any application will be grounds to continue an application to thenext planning and land development regulation commission meeting. Applicants shallinform and provide staff with the new information prior to the planning and landdevelopment regulation commission meeting.Page 5 of 5
Page 1 and 2: GROWTH AND RESOURCE MANAGEMENT DEPA
Page 3: Variances have been previously gran

V-13-017 - Volusia County Government

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