Property Location - PDF document

1 Property Location: 1911 Stanley St. (Pa
Property Location: 1911 Stanley St. (Parcel ID #30 - 22 - 30 - 2680 - 08 - 040, south of E Amelia St., between Altaloma Ave. and N Hampton Ave.) (± 0.15 acres, District 4 ). Applicant’s Request: The applicant was seeking a permit to work on the guest bathroom and discovered the previous owner had added an addition without permits. The owner wants to bring the existing addition up to code to legalize the pervious work done on the site. (A) Variance of 12 ft. to allow a rear yard set- back of 13 ft., where 25 ft. is required for an existing principal structure. S UMMARY Location Map Subject Site Applicant/Owner Tuan Ma and Hisae Gozu Project Planner TeNeika Neasman Staff Report to the Board of Zoning Adjustment November 24, 2015 M A AND G OZU H OME A DDITION 1911 S TANLEY S TREET VAR2015 - 00110 I TEM #2 (B) Variance of 1 ft. to allow a side yard setback of 6.5 ft., where 7.5 ft. is required for an existing principal structure. Staff’s Recommendation: Approval of the re- quested variances, subject to the conditions of this report. Public Comment: Courtesy notices were m

2 ailed to property owners within 300 ft.
ailed to property owners within 300 ft. of the subject property the week of November 9, 2015. As of the published date of this report, staff has not received a response from the public concerning this request. Updated: November 17, 2015 Colonial Plaza VAR2015 - 00110 1911 Stanley St. Page 2 F UTURE L AND U SE M AP Z ONING M AP VAR2015 - 00110 1911 Stanley St. Page 3 P ROJECT A NALYSIS Project Description The subject property was developed in 1950 and consists of a 1,794 sq. ft. concrete/cinder block 1 - story single family residenc e. The applicant was seeking a permit to work on the guest bathroom and discovered the previous owner had added an addition with- out permits. The owner wants to bring the existing addition up to code to legalize the pervious work done on the site. The a ppl i- cant is requesting a variance (A) of 12 ft to allow a 13 ft. rear yard setback, where 25 ft. is required for an existing prin cip al struc- ture addition. The applicant is also requesting a variance (B) of 1 ft. to allow for a 6.5 ft. side yard setback, where a 7.5 ft . setback is required, to keep an existing guest room addition. The additi

3 on was added prior to the owner purchasi
on was added prior to the owner purchasing the house in May o f 2015 (Images on page 5). Project Context Per Section 58.1B of the LDC zoning tables, the R - 1A/T zoning district requires a 7.5 ft. side and 25 ft. rear setback for the prin- cipal structure. The current owner purchased the property in 2015, after the existing principal structure addition was built wit h the 6.5 ft. side and 13 ft. rear setbacks. The property is zoned One Family Residential in the Traditional City overlay district (R - 1A/ T) , and is designated as Residential Low Intensity (RES - LOW) on the City’s Future Land Use map. Table 1 depicts surrounding future land use and zoning designations. Previous Actions: 1950: Property originally platted as part of the Fern Court Subdivision 1950: 1 - story single family home constructed on property 2003: the previous owner pulled plumbing permits for a second bathroom 2015: Property acquired by current owner Conformance with the LDC The R - 1A/T zoning district is “intended to conserve the general character of established one family neighborhoods, and to provid e for new areas of low and moderate density one family develop

4 ment.” The property is located in the
ment.” The property is located in the Traditional City Overlay, which denotes those areas generally platted or de- veloped prior to World War II. The subject site was initially platted in 1950 as part of the Fern Court Subdivision. The lot is a through - lot with the back of the property abutting Amelia St. A Though Lot is an interior lot having frontage on two parallel or approximately parallel streets. This site has frontage on Stanley Street and E. Amelia Street. There is a a ±20 ft. buffer between the 1911 Stanley Street prop- erty line and E. Amelia Street right - of - way. The property does not meet the R - 1A/T zoning requirements of mean lot area (7,700 sq. ft.), width (70 ft.) and depth (110 ft). T he site is 101.10 ft. deep, 64 ft. wide, and 6,461 sq. ft. lot area. The lot is non - conforming to Land Development Code requirement s for the zoning district. The home was built prior to 1959 therefore principal structure is deemed conforming, per Section 58 .11 62 of the LDC. Table 1 - Project Context ( R - 1A/T zoning) Future Land Use Zoning Adjacent Use North RES - LOW R - 1A/T Single Family Structure East RES - LOW R

5 - 1A/T Single Family Structure Sout
- 1A/T Single Family Structure South RES - LOW RES - MED R - 1A/T PD/T PD/T/AN Single Family Structure West R - 2A/T RES - LOW Multifamily Structure Single Family Structure Table 2 Development Standards (R - 1A/T ) Principal Structure Setbacks Front Side Rear Max ISR Required 25 ft. 7.5 ft. 25 ft. 55% Existing 30.7 ft. 8.9 ft. (east) 6.5 ft. (west) 13 ft. ±45% Proposed 30.7 ft. 8.9 ft. (east) 6.5 ft. (west) 13 ft. ±45% VAR2015 - 00110 1911 Stanley St. Page 4 P ROJECT A NALYSIS Analysis The site is a legally existing conforming building on a lot which does comply with Land Development Code width requirement, per section 58.1B. The applicant purchased the property, not knowing the previous owner had constructed the rear addition wit h- out permits. The existing addition was constructed prior to 2006. Given the rear yard property line distance from Amelia Stre et, due to a power line, a hardship is present to the current owner who purchased the property after the addition was constructed . Staff is recommending approval of the requested variances, subject to the conditions in

6 this staff report. SUBJECT PROP- S
this staff report. SUBJECT PROP- S TREETVIEW A ERIAL P HOTO Photo taken on November 2015 Page 5 VAR2015 - 00110 1911 Stanley St. Page 5 VAR2015 - 00110 1911 Stanley St. A ERIAL I MAGES OF THE S ITE 2001 2006 2010 2014 Page 6 VAR2015 - 00110 1911 Stanley St. Page 6 VAR2015 - 00110 1911 Stanley St. S ITE P HOTOS Property west of the subject site. East side setback from the front yard West side setback from the front of the fence VAR2015 - 00110 1911 Stanley St. Page 7 I MAGES P ROVIDED BY A PPLICANT Page 7 Rear of the principal structure from the rear yard. Front of the principal structure from the driveway West setback (variance b) of the principal structure. The rear east of the principal structure. Page 8 VAR2015 - 00110 1911 Stanley St. Page 8 VAR2015 - 00110 1911 Stanley St. 2015 S URVEY Variance B: Variance of 1 ft. to allow a side yard setback of 6.5 ft., where 7.5 ft. is re- quired for an existing principal structure. Variance A: Variance of 12 ft. to allow a rear yard setback of 13 ft., where 25 ft. is required for an existing principal struct

7 ure. Image of Amelia St. (rear buffer
ure. Image of Amelia St. (rear buffer) VAR2015 - 00110 1911 Stanley St. Page 9 F LOOR P LAN Page 9 VAR2015 - 00110 1911 Stanley St. Page 10 S TRUCTURE E LEVATIONS Page 10 VAR2015 - 00110 1911 Stanley St. Page 11 Requested Variances: (a) Variance of 12 ft. to allow a rear yard setback of 13 ft., where 25 ft. is required for an existing principal structure. (b) Variance of 1 ft. to allow a side yard setback of 6.5 ft., where 7.5 ft. is required for an existing principal structure. Staff Recommendation : Approval of the requested variances, based on the finding that said variances meet the standards for ap- proval of a variance, subject to the following conditions: 1. Development shall be in strict conformance with all conditions and the site plans and elevations found in this report, subjec t to any modification by the Board of Zoning Adjustment (BZA) and/or City Council. Minor modifications to the approved variance may be approved by the Zoning Official. Major modifications, as determined by the Zoning official , shall require additional review by the BZA. 2. All applicable City, County, State or Federal permits

8 must be obtained before commencing deve
must be obtained before commencing development. 3. The applicant shall install foundation plantings of tall ground cover plants (such as African iris) or small shrubs (such as dwarf yaupon holly or Indian hawthorn) along the east and west facades of the addition and the portion of the house that was originally the accessory structure. Plants shall be at least 12" in height at time of planting. Note to Applicant : The proposed variance only addresses the Land Development Code standards expressly represented in this staff report and any relief to such standards as approved. The relief granted through the variance(s) is restricted to the su bje ct property as noted in the staff report and is not transferable to other parcels of land. The next step in this variance request is City Council consideration of the Board of Zoning Adjustment's recommended action (provided it is not appealed) at an upcoming City Council meeting. Possible City Council approval of this variance request do es not constitute final approval to carry out the development proposed in this application. The applicant shall comply with all other applicable requirements of the Land Develop

9 ment Code, including any additional revi
ment Code, including any additional review requirements, and shall receive all necessary permits before initiating development. Please contact the Permitting Services Division of the City of Orlando t o inquire about your next steps toward receiving a building permit. R ECOMMENDATIONS VAR2015 - 00110 1911 Stanley St. Page 12 Special Conditions and Circumstances Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applica- ble to other lands, structures or buildings in the same zoning district. Zoning violations or nonconformities on neighboring properties shall not constitute grounds for approval of any proposed Zoning Variance. S TANDARDS FOR V ARIANCE A PPROVAL Not Self - Created The special conditions and circumstances do not result from actions of the applicant. A self - created hardship shall not justify a Zoning Variance; i.e., when the applicant himself by his own conduct creates the hardship which he alleges to exist, he is not entitled to relief. No Special Privilege Conferred Approval of the Zoning Variance requested shall not confer on the applicant an

10 y special privilege that is denied by t
y special privilege that is denied by this Chapter to other lands, buildings, or structures in the same zoning district. Deprivation of Rights Literal interpretation of the provisions contained in this Chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this Chapter and would work unnecessary and undue hardship on the applicant. Financial loss or business competition shall not constitute grounds for approval of any variance. Purchase of property with intent to de- velop in violation of the restrictions of this Chapter shall also not constitute grounds for approval. Minimum Possible Variance The Zoning Variance requested is the mini- mum variance that will make possible the rea- sonable use of the land, building or structure. Purpose and Intent Approval of the Zoning Variance will be in harmony with the purpose and intent of this Chapter and such Zoning Variance will not be injurious to the neighborhood or otherwise detrimental to the public welfare. Meets Standard Yes  No  Approval of the requested variance would be in harmony with the

11 purpose and intent of this Chapter and
purpose and intent of this Chapter and such Zoning Variance will not be injurious to the neighborhood or otherwise detrimental to the public welfare. Meets Standard Yes  No  The proposed variance is the smallest possible variance allowed in that it is a pre - existing encroachment from the principal structure built in the early 2000s. Meets Standard Yes  No  Literal interpretation of the Code would deprive the applicant of the rights commonly enjoyed by other properties under the same or similar zoning, in that the applicant would have to remove 12 ft. off the existing room and incur a cost which he was not aware of when he purchase the residence. Meets Standard Yes  No  Approval of the variance to allow a reduced side and rear yard setback would not confer a special privilege because the proposed setback has been existing for over ten years with a buffer along the rear property line (Amelia Street). Meets Standard Yes  No  Special conditions and circumstances do not result from act

12 ions of the appli- cant. The applicant p
ions of the appli- cant. The applicant purchased the property in 2015, over ten years after the enclosure had been completed. The current owner was not aware of the code violation nor were they aware the enclosure was done without permits. Meets Standard Yes  No  The property was platted in 1950 and is located on a non - conforming lot. The rear of the lot is buffered by right - of - way along Amelia Street, which reduces the depth of the lot to 101.07 ft. (A) Variance of 12 ft. to allow a rear yard setback of 13 ft., where 25 ft. is required for an existing principal structure. VAR2015 - 00110 1911 Stanley St. Page 13 Special Conditions and Circumstances Special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applica- ble to other lands, structures or buildings in the same zoning district. Zoning violations or nonconformities on neighboring properties shall not constitute grounds for approval of any proposed Zoning Variance. S TANDARDS FOR V ARIANCE A PPROVAL Not Self - Created The special conditions and circumstances do not result from

13 actions of the applicant. A self - creat
actions of the applicant. A self - created hardship shall not justify a Zoning Variance; i.e., when the applicant himself by his own conduct creates the hardship which he alleges to exist, he is not entitled to relief. No Special Privilege Conferred Approval of the Zoning Variance requested shall not confer on the applicant any special privilege that is denied by this Chapter to other lands, buildings, or structures in the same zoning district. Deprivation of Rights Literal interpretation of the provisions contained in this Chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this Chapter and would work unnecessary and undue hardship on the applicant. Financial loss or business competition shall not constitute grounds for approval of any variance. Purchase of property with intent to de- velop in violation of the restrictions of this Chapter shall also not constitute grounds for approval. Minimum Possible Variance The Zoning Variance requested is the mini- mum variance that will make possible the rea- sonable use of the land, building or structure. Purpose and Intent A

14 pproval of the Zoning Variance will be i
pproval of the Zoning Variance will be in harmony with the purpose and intent of this Chapter and such Zoning Variance will not be injurious to the neighborhood or otherwise detrimental to the public welfare. Meets Standard Yes  No  Approval of the requested variance would be in harmony with the purpose and intent of this Chapter and such Zoning Variance will not be injurious to the neighborhood or otherwise detrimental to the public welfare. Meets Standard Yes  No  The proposed variance is the smallest possible variance allowed in that it is a pre - existing encroachment from the principal structure built in the early 2000s. Meets Standard Yes  No  Literal interpretation of the Code would deprive the applicant of the rights commonly enjoyed by other properties under the same or similar zoning, in that the applicant would have to remove 1 ft. off the existing room and incur a cost which he was not aware of when he purchase the residence. Meets Standard Yes  No  Approval of the variance to allo

15 w a reduced side and rear yard setback w
w a reduced side and rear yard setback would not confer a special privilege because the proposed setback has been existing for over ten years. Meets Standard Yes  No  Special conditions and circumstances do not result from actions of the appli- cant. The applicant purchased the property in 2015, over ten years after the enclosure had been completed. The current owner was not aware of the code violation nor were they aware the enclosure was done without permits. Meets Standard Yes  No  The property was platted in 1950 and is a non - conforming lot. The single fam- ily structure was initially built in 1950 with the addition/enclosure added in the early 2000s. The property own purchased the property in 2015 and was noti- fied of the code violation after the fact. (B) Variance of 1 ft. to allow a side yard setback of 6.5 ft., where 7.5 ft. is required for an existing principal structure. VAR2015 - 00110 1911 Stanley St. Page 14 A PPLICANT ’ S R ESPONSES FOR V ARIANCE R EQUEST VAR2015 - 00110 1911 Stanley St. Page 15 A PPLICANT ’ S R ESPONSES FOR V ARIANC