BOARD OF ADJUSTMENT AGENDA ITEM
Memo Date: January 8, 2024
Agenda Date: January 17, 2024
Prepared By: Lucilene Ribeiro - Planner
Through: Stockton Whitten, City Manager
Requested Action:
title
A variance request from Appendix A, Zoning, Article XIII, Section 6 of the City of Cocoa Code
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BACKGROUND:
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Date: |
January 7, 2024 |
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Project No.: |
PZ# 23-00800006 |
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Meeting Date: |
January 17, 2024 |
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Project Planner: |
Lucilene Ribeiro, Planner |
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Subject Property: |
2301 Meridian Ave |
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Applicant: |
Monica Pasquale | Kirk Pasquale 2301 Meridian Ave Cocoa, FL 32922 |
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Owner: |
Monica Pasquale | Kirk Pasquale 2301 Meridian Ave Cocoa, FL 32922 |
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Notice Provided: |
Notice of the public hearing was provided by publishing in the newspaper on January 2, 2024, posting the property and mailers to property owners within 500 feet. |
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Requested Action: |
A variance request from Appendix A, Zoning, Article XIII, Section 6 of the City of Cocoa Code to reduce the required 5-foot accessory structure setback in the rear yard by approximately 2.5 feet and the required 8-foot side yard setback by approximately 5 feet for an approximate 16-foot by 8-foot shed. Tax Parcel ID 24-36-17-53-12-22. |
I. Project Information
The subject property is a corner lot approximately 0.15 acres (or 6,534 sq. ft.) in size that falls within the Carlton Terrace Subdivision, which was platted in 1924. The property is located on the north side of the intersection at Meridian Ave and Fairmont Drive. The interior lot (Exhibit “A”) is approximately 50 feet in width along its northern property line, 127 feet in length along its western property line, 97 feet in width along its eastern property line, and 20 feet in length along its southern property line.
The applicant’s original home was built in 1959 and lies on a sub-standard (50’ x 127’) legally non-conforming sized lot. The applicant is seeking a variance to accommodate a shed located on the northwest side corner of the property, which was erected without a building permit. In accordance with Appendix A, Zoning, Article X, Sec. 3, in any district in which single-family dwellings are permitted, notwithstanding limitations imposed by the zoning code, a single-family dwelling “and customary accessory buildings may be erected on any single lot which is of record at the effective date of adoption of amendment of this ordinance.” However, this provision only applies where the yard dimensions conform in all other respects with the land development regulations for the applicable district. Accordingly, the accessory structure must meet applicable setbacks absent a variance.
The shed is located (3) three feet from the interior property line and (2.5) two and a half feet from the rear lot line. The required setbacks are (8) eight and (5) five feet, respectively. A drain field is approximately 20 feet from the shed, giving the applicant room to meet the required setbacks in compliance with the code.
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Future Land Use Designation: |
Low Density Residential |
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Zoning District: |
RU-1-7 (Single Family Residential) |
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Existing Land Use: |
Single Family Dwelling |
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Council District: |
District 4 - Councilmember Lorraine Koss |
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Overview of Surrounding Area: |
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Future Land Use Designation |
Zoning District |
Land Use |
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North |
Low Density Residential |
RU-1-7 |
Single Family Residential |
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South |
Low Density Residential |
RU-1-7 |
Single Family Residential |
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East |
Low Density Residential |
RU-1-7 |
Single Family Residential |
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West |
Low Density Residential |
RU-1-7 |
Single Family Residential |
II. Staff Analysis
In accordance with Article XVI, Sec. 3, in order to obtain a variance, the Board of Adjustment shall make findings that the following have been demonstrated by the applicant:
A. That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, buildings, or structures in the same district.
Applicant: “Due to septic drain field of 37.5’ of area in front of said shed, unable to encroach the furthermore of 2.5 to meet rear of land into meeting 5’ setback from side.”
Staff Finding: Due to the drain field and shed location, it appears that the request bears no significant special circumstance that imposes a hardship on the applicant. The location of the septic drain field (approximately 20’ to the south of the shed) does not prevent the shed from being moved the required 5’ to the South to be in compliance with the code. The location of the septic drain field does not prohibit the shed from being moved the 2.5’ East to be in compliance with the code. The small size of the property is consistent with other properties in the Carelton Terrace plat.
B. That literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same district under the terms of this ordinance.
Applicant: “Bungalow 8’ (peak) x 16’ shed is within 2.5’ from rear to 5’ from side requirements to comply with the ordinance Code adjustments made of late, irregular shaped yard, in Carleton Terrace,”
Staff Finding: Despite being a non-conforming lot, the applicant has enough acreage to meet yard and accessory structure setbacks. Two property owners in the Carleton Terrace subdivision were the impetus for Ordinance 08-2023, which changed the rear setback ordinance from 15’ to 5’. This shed was installed, without a permit, 2.5’ from the rear property line while the setback was 15’.
C. That special conditions and circumstances referred to in "A" above do not result from the actions of the applicant.
Applicant: “Superior sheds in November 2020 mentioned the dimensions of the property in a request for adjustments is within the size of required not of a permit. Therefore, it is unnecessary to incur understanding for permit submission.
Staff Finding: The conditions and circumstances described in item ‘A’ ARE a direct result of the applicant's actions since the shed has been installed without the proper required City of Cocoa permit, or consultation of the City of Cocoa ordinances or City Staff.
D. That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, structures, or dwellings in the same district.
Applicant: “Others have the same opportunity to follow same variance procedures.”
Staff Finding: Staff’s position is that this variance should not be granted. The granting of this variance to this property owner WILL confer a special privilege that is denied by this ordinance to other property owners within the same district, even those with similar lots and acreages.
E. That the reasons set forth in the application justify the granting of the variance; and that the variance is the minimum variance that will make possible the reasonable use of the land, building or structure.
Applicant: “2.5 from the rear setback plus 5’ from side would enable the grace to obtain a permit without having to possibly proceed to submit another request from setbacks being adjusted.”
Staff Finding: Staff believes the applicant has failed to justify the need for a variance as there is space on the property for the shed to be installed properly in compliance with Ordinance 08-2023 granting that a shed may be installed 5’ from the rear property line and 8’ from the interior property line.
F. That the granting of the variance will be in harmony with the general purpose and intent of this ordinance will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.
Applicant: “Many in neighboring homes do obtain similarly distanced sheds of sorts from the surrounding Cocoa area. We are trying to improve the status of the property nor purposely int the intent to harm others….”
Staff Finding: Staff’s finding is that the granting of this variance will be not be in harmony with the existing neighborhood in both form and function and will have a detrimental effect on the public welfare. Currently, there are no other code violations for sheds in the Carleton Terrace neighborhood.
BUDGETARY IMPACT:
N/A
PREVIOUS ACTION:
None
RECOMMENDED MOTION:
Recommendation
Based on a review of the application according to the stringent evaluation criteria contained within the City Code, staff recommends Denial of a variance request from Appendix A, Zoning, Article XIII, Section 6 of the City of Cocoa Code to reduce the required 5-foot accessory structure setback in the rear yard by approximately 2.5 feet and the required 8-foot side yard setback by approximately 5 feet for an approximate 16-foot by 8-foot shed.