GROWTH AND RESOURCE MANAGEMENT DEPARTMENT PLANNING AND DEVELOPMENT SERVICES DIVISION

123 W. Indiana Avenue, DeLand, FL 32720 (386) 736-5959

PUBLIC HEARING: September 20, 2018 – Planning and Land Development

Regulation Commission (PLDRC) CASE NO: V-18-081 SUBJECT: Variance to a minimum yard requirement on Transitional

Agriculture (A-3) zoned property. LOCATION: 209 Vista Della Toscana, Ormond Beach APPLICANT: Eric Olsen, Agent for Owner OWNER: Barbara P. Kisley Revocable Trust STAFF: Steven E. Bapp, Planner II

I. SUMMARY OF REQUEST The applicant is requesting a variance to construct a 3,425-square-foot single-family dwelling on a ±1.02-acre lot located in the Ormond Beach area. As proposed, the single-family dwelling will encroach nine feet into the required front yard. The applicant, therefore, is requesting the following variance:

A variance for a front yard from the minimum required 40 feet to 31 feet for a proposed single-family dwelling on Transitional Agriculture (A-3) zoned property.

Staff Recommendation: Deny the variance request, case number V-18-081, as the application does not meet all five criteria for granting said variance.

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II. SITE INFORMATION

1. Location: East side of Vista Della Toscana, approximately 470 feet southwest of its intersection with County Road 4011 (Old Dixie Highway), Ormond Beach

2. Parcel No: 3240-04-00-0240 3. Property Size: ±1.02 acres 4. Council District: 4 5. Zoning: Transitional Agriculture (A-3) 6. Future Land Use: Low Impact Urban (LIU) 7. ECO Overlay: No 8. NRMA Overlay: Yes 9. Adjacent Zoning and Land Use:

10. Maps:

ZONING MAP FUTURE LAND USE MAP

DIRECTION ZONING FUTURE LAND USE CURRENT USE

North: A-3 LIU Vacant

East: A-3 LIU Vacant

South: A-3 LIU Single-Family Residential

West: A-3 LIU Vacant

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III. BACKGROUND AND OVERVIEW The subject property is a ±1.02-acre parcel in the Sanctuary Subdivision plat, now known as Toscana. The property is waterfront lot that includes a portion of the subdivision’s platted drainage area. The property is an irregularly shaped parcel, with the portion of the parcel consisting of a water retention area. The distance from the front property line to the mean high water line ranges from ±131 to ±163 feet, due to the angle of the rear property line. The top of the bank to the mean high water line distance ranges from ±9.6 feet to 16.8 feet. The waterfront yard line is thus measured from the ordinary high-water mark, indicated on the April 2018 dated survey as the approximate edge of water. The existing lake covers a slightly larger portion of the lot than indicated on the plat. According to the applicant, this is the cause of the variance request as the proposed home must be shifted forward to accommodate the requirements of the subdivision and the design of the home. The applicant proposes to construct a new 3,425-square-foot single-family residence. Although the A-3 zoning classification requires only a minimum floor area of 1,000 square-feet, the Declaration of Covenants, Conditions and Restrictions of Toscana, A Community Located In Sanctuary Subdivision, Phase II, Article VI Design Review, has a provision stating that “no Home may be constructed on a Lot having a value less than $430,000 Dollars or consist of living area of less than Three Thousand (3,000) square feet.” These are private restrictions that the county does not enforce. If these standards are a hardship on the lot owners and builders within this subdivision, then the they do have the option to either amend their deed restrictions to address the home size and value standards, or apply for a subdivision-wide rezoning to a Residential Planned Unit Development zoning classification. This latter option would provide the lot owners the flexibility to establish more favorable yard requirements for the Toscana community.

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The applicant proposes a design of the home which meets the waterfront and side yard setbacks, but creates a nine-foot encroachment into the front yard due to a protruding side entry garage. Though not part of this request, it appears the applicant will need a future variance to the waterfront yard by depicting the future swimming pool area encroachment in said yard area. IV. REVIEW CRITERIA AND ANALYSIS Section 72-379(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. A special condition of the subject property is the location of the drainage retention area lake, which is slightly larger than indicated on the plat. This leaves the recent owner with approximately one and one-half of an acre of upland lot area to develop. However, the proposed home design can be reconfigured and/or have a reduced ground floor size to meet the minimum setback requirements and the minimum design requirements of the Toscana Covenants. Staff finds that this criterion is not met. ii. The special conditions and circumstances do not result from the actions of the applicant. The location of the lake, the larger size of the lake, and the setback requirements are not the result of the actions of the applicant. However, the applicant did purchase the lot this year, and it is their proposed home placement and size that has generated this request for a variance. Staff finds that this criterion is not met. 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 would not deprive the applicant of rights commonly enjoyed by others in the A-3 zoning classification or within the Sanctuary Subdivision, Phase II plat. The proposed home plans could be redesigned to conform to the 40-foot front yard setback. The minimum front yard requirement would not cause an undue hardship on the applicant. Staff finds that this criterion is not met.

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iv. The variance granted is the minimum variance that will make possible the reasonable use of the land, building, structure, or sign. Staff does not find the variance to be the minimum request to make reasonable use of the land. The variance site plan shows there is adequate buildable area within the required setbacks to accommodate the home, as the only portion of the proposed home that will extend nine feet into the required front yard is the garage. Therefore, the house design can be modified be moving the garage area out of the front yard or reduce the home’s overall footprint and incorporate additional square-footage, if needed, with a second story. This would meet private restriction and covenants of the subdivision, and county code. Staff finds that this criterion is not met. 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. The requested variance is unlikely to be injurious to the immediate area. Staff finds that the criterion is met. V. STAFF RECOMMENDATION Deny the variance request, case number V-18-081, as the application does not meet all five criteria for granting said variance. However, if the PLDRC finds that the requested variance application does meet all five of the criteria to grant a variance, staff has provided the following conditions for consideration:

1. The variance is limited to the proposed garage footprint of the one-story single-family dwelling as depicted on the variance site plan prepared by A1A East Coast Land Surveying, LLC dated April 22, 2016. The variance does not apply to any other portion of the principal structure, nor include any future accessory structures. The garage depicted on said variance plan shall not be enlarged, increased, or extended further to encroach or occupy any greater area of the property, except in compliance with the A-3 zoning dimensional requirements only, without approval of a separate variance.

2. The property owner or authorized agents shall obtain and complete all required building related permits and inspections for the single-family dwelling.

ATTACHMENTS

Written Petition

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Boundary Survey and Variance Site Plan

Staff Comments

Site Photos

Map Exhibits VI. 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: Steven Bapp, Planner II DATE: August 22, 2018

FROM: Keith Abrahamson, Environmental Specialist III

SUBJECT: Planning & Land Development Regulation Commission meeting for Date: September 20, 2018 Parcel #: 3240-04-00-0240 Case #: V-18-081

Environmental Permitting (EP) has reviewed the application and has no objection to this request. However, the project must comply with all of the environmental regulations of the Land Development Code.

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V-18-081 – 209 Vista Della Toscana, Ormond Beach – Olsen – Site Photos

V-18-081 Site Photos Page 1 of 2

Picture 1- Looking at subject parcel from Vista Della Toscana (August 23, 2018)

Picture 2 – Looking southeast from subject property – trees indicate top of bank (August 23, 2018)

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V-18-081 – 209 Vista Della Toscana, Ormond Beach – Olsen – Site Photos

V-18-081 Site Photos Page 2 of 2

Picture 3 – Looking west toward neighboring property (August 23, 2018)

Picture 4- Street view from front of property looking northeast (August 23, 2018)

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TOM

OK

AB

AS

IN

TOM

OK

AR

IVE

R

CR 2820 (PINE TREEDR)

VISTADEL

LA

TOSCANA

CR 4011 (OLDDIXIE HWY)

LATO SCANA

ROT ONDA

PROPERTY LOCATIONV-18-081

I 7/24/20181 " = 1,000 'SUBJECT PROPERTY

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CR 4011 (OLD DIXIE HWY)

VISTA DELLA

TOSCANA

LA TOSCANAROTONDA

CR 2820 (PINETREE DR)

AERIALV-18-081

IMAGE DATE 2015SUBJECT PROPERTY I 7/24/20181 " = 400 '

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RC

A-3

R-2

C

TOMOKABASIN

CR 4011 (OLD

DIXIE HWY)

VISTA DELLA

TOSCANA

LA TOSCANAROTONDA

CR 2820 (PINE TREE DR)

ORMONDBEACH

ZONING CLASSIFICATIONV-18-081

I 7/24/20181 " = 400 '

RESIDENTIAL

INCORPORATED

AGRICULTURAL

CONSERVATION

RESOURCE CORRIDOR

SUBJECT PROPERTY

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TOMOKABASINCR 4011 (OLD DIXIE HW

Y)

VISTA DELLA

TOSCANA

LA TOSCANAROTONDA

CR 2820 (PINETREE DR)

ORMONDBEACH

ULI

C

LIU

FUTURE LAND USEV-18-081

I 7/24/20181 " = 400 '

CONSERVATION

INCORPORATED

LOW IMPACT URBAN

URBAN LOW INTENSITY

WATER

SUBJECT PROPERTY

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ORMONDBEACH

TOMOKABASINCR 4011 (OLD DIXIE HW

Y)

VISTA DELLA

TOSCANA

LA TOSCANAROTONDA

CR 2820 (PINETREE DR)

ECO/NRMA OVERLAYV-18-081

I 7/24/20181 " = 400 '

ECO

NRMA

SUBJECT PROPERTY

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