PLANNING DIVISION STAFF REPORT



PLANNING DIVISION STAFF REPORT

Planning and Land Development Regulation Board Meeting Date: January 17, 2006

I. Information Summary:

A. Request: Reduction of Side Interior Yard Setback:

7.5 feet required – 4.39 feet (existing). Degree of variance = 3.11 feet.

B. Applicant: Rosemarie Capasse, owner

C. Property Description: Lot 18, Block 33 of Palm Coast, Map of Wynnield, Section 27, according to the plat thereof, recorded in Plat Book 9, Page 44 of the Public Records of Flagler County, FL.

D. Lot Size and Dimensions: 10,074.8 sq. ft; 81 ft. x 124 ft. (approximate).

E. Future Land Use Map (FLUM) Designation: Residential

F. Zoning District: Single Family Residential – 3 (SFR-3)

G. Surrounding FLUM, Zoning and Land Use Designation:

NORTH: FLUM: Residential

Zoning: SFR 3

Supporting: Single Family Dwelling – Constructed 1984

SOUTH: FLUM: Residential

Zoning: SFR-3b

Supporting: Single Family Dwelling - Constructed 1984

EAST: FLUM: Residential

Zoning: SFR-3

Supporting: Single Family Dwellings – Constructed 1985 and 1994

WEST: FLUM: Residential

Zoning: SFR-3b

Supporting: Single Family Dwelling Constructed on 2 Lots - 1999

II. Background and Analysis:

A. Description of the Proposed Variance Request: The owner is seeking a variance to encroach into the side interior yard setback. The property is located at 31 Woodfair Lane, which connects to Woodfield Drive. The required side interior yard setback is 7 ½ feet and the owner’s existing single family residence encroaches into the setback by 3.11 feet, reducing the side interior yard setback to 4.39 feet. The survey (prepared by DeVino and Associates) and certified to Fogarty Construction depicted the constructed house set back eight feet from the side interior lot line.

The owner’s builder (Fogarty Construction) received all necessary permits and sign offs from the City of Palm Coast to construct the house in 2003

The owner would not have known the house is incorrectly located on the lot because all permits had been issued. The discrepancy became apparent when the lot north of and adjacent to this parcel was purchased in 2005. At that time, the surveyor for the new neighbors informed the owner that her house was encroaching into the side interior yard setback. After waiting for the appropriate parties to file a variance on her behalf she has decided to pursue the request on her own.

B. Applicable Land Development Code: Section 3.06.02, A. Residential Standards Table, of the City of Palm Coast Land Development Code adopted July 5, 2005 and amended from time to time. In the SFR-3 zoning district, the minimum side interior yard setback is 7 ½ feet.

C. Analysis based on Variance Guidelines: The Land Development Regulations (LDR). Subsection 3.07.03. “Procedure for variances and special exceptions” contains variance guidelines that shall be used by the PLDRB to make a determination to either:

a. Approve the request as submitted;

b. Approve the request with conditions;

c. Disapprove the request.

The PLDRB may also continue the public hearing if it determines there is insufficient factual information to make a decision.

Based upon the standards enumerated in the LDR, staff provides the following analysis:

STAFF ANALYSIS:

1. There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape, or topography; and

Staff Finding: The lot is a standard size for the area and the neighborhood. However, the lots to the north and the west of the subject parcel are “oversized” because they are corner lots. The lot to the north is approximately one hundred and twenty feet wide (120) at the front and one hundred three feet (103) wide at the rear. The home on that lot was constructed in 1984 and appears to be “centered” on the lot. The lot to the west is actually a double lot with the house located in the middle of the two lots. The home was built in 1999. The location of these homes on the oversized lots creates the appearance that the Capasse home is centered on its lot.

2. The application of the provisions of this article to the particular piece of property would create an unnecessary hardship; and

Staff Finding: Yes, the application of the provisions of this article to this particular piece of property would create a hardship as the house has been built. All required permits and inspections were obtained based upon representation from the builder and surveyor that the side interior yard setback was eight feet.

3. Such conditions are peculiar to the particular piece of property involved and not created by the actions of the applicant; and

Staff Findings: The applicant did not create this situation. The property is surrounded on the north and west by oversized corner lots with homes centered on those lots. This gives the appearance that the home on this lot is also centered, despite the encroachment. The configuration of those lots and homes were not created by the action of the applicant.

4. Relief or variance, if granted would not cause substantial detriment to the public health, welfare, safety and morals or impair the purpose and intent of this Article; and

Staff Finding: Granting of the variance will not cause substantial detriment to the public health, welfare, safety and morals or impair the purpose and intent of this Article because this home was built after the other properties were built. At that time, no one was aware of the 3.11 foot encroachment. The home immediately north of and adjacent to this lot sold in 2005. The sale of that home was not affected by the encroachment into the side interior yard setback because the purchased lot is oversized. The home adjacent to the west property line has a privacy fence. All easement holders have released their interests within the encroachment area.

5. Provided, however, that no variance may be granted for a use of land or building that is not permitted by this article.

Staff Finding: The subject property is located within the SFR-3single-family residential zoning district which permits the existing single family residence.

III. Recommendation: Staff recommends approval of Application No. VR-SBK-07-01.

VARIANCE SET BACK

APPLICATION #VR – SBK -07-01

SUMMARY TABLE

JANUARY 17, 2007 - PLDRB

|Agenda Item |Code Section |Required |Proposed |Variance |

|Side Interior Yard | | | | |

|Setback |3.06.02 |7.5 feet |4.39 feet |3.11 feet |

|Site Address |31 Woodfair Lane |

|Agent Name & | |

|Address |None |

|Owner Name & |Rosemarie Capasse |

|Address |31 Woodfair Lane |

|Parcel No. |07-11-31-7027-00330-0180 |

|FLUM: |Residential |

|Zoning District |SFR -3 |

|Legal Advertisement |A request has been made by Rosemarie Capasse of Palm Coast Section 27, Block 33, Lot 18 (31 Woodfair |

| |Lane) for a 3.11 foot variance from the 7.5 foot required side yard setback. |

|Lot Area: |10,074.8 |

|Lot Dimensions |81 X 124 (APPROXIMATE) |

|Conformity of Lot | |

| |CONFORMING |

|Conformity of | |

|Request: |NON-CONFORMING |

|Type of Building: | |

| |SINGLE FAMILY STRUCTURE |

|Size of Building: | |

| |2,943 sq. ft. |

|Building Permit No. |2002120199 – Issued Dec. 31, 2002 |

| |Final Building Inspection – June 2, 2003 |

|Notice of Violation: |NONE |

|Construction Status: | |

| |EXISTING – BUILT 2003 |

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