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HomeMy WebLinkAboutBoard Criteria for Determining Variances4 BOARD CRITERIA FOR DETERMINING VARIANCES Section 54-1-2.5(c)(2) In order to authorize any variance from the terms of the land development regulations, the Board of Adjustment must use the following criteria for approving or denying a variance: a.Existence of special conditions or circumstances. That special conditions and circumstances exist which are peculiar to the land, structure, or building involved and which are not applicable to other lands, structures, or buildings in the same zoning district. Meets Standard Yes √No  The parcel is non-complying with regards to lot size in accordance with current zoning regulations. However, it is a legal non-conformity as it was deeded by metes & bounds and built on in 1927, and was in existence before the CWR regulations were adopted. This does not necessarily make the smaller width and length of the lot a “special condition or circumstance” as there are similar parcels also located within the riverfront area with these conditions. However, the Board may determine that the residential setbacks established by the CWR zoning district may be creating a circumstance whereby a very specific, and/or creative design, must be developed for the non- complying, smaller parcels in the district in order for construction to occur. b.Conditions not created by applicant. That the special conditions and circumstances do not result from the actions of the applicant. Meets Standard Yes  No √ The building design and layout is desired by the applicant. A two-story, narrower structure may have been able to be designed to meet the zoning district’s setback requirements. However, the applicant is not wishing to have a second story in order to eliminate climbing stairs. c.Special privileges not conferred. That granting the variance requested will not confer on the applicant any special privilege that is denied by this ordinance to other lands, buildings, or structures in the same zoning district. Meets Standard Yes No √ Other residences recently constructed within the CWR zoning district on Indian River Drive on similar smaller or narrower lots have met setback requirements. 5 d.Hardship conditions exist. That literal interpretation of the provisions of the ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the ordinance and would create unnecessary and undue hardship on the applicant. Meets Standard Yes No √ A proposed two-story residence to be constructed on a similarly-sized parcel with the same dimensions and CWR zoning designation, located at 1720 Indian River Drive, has been designed meeting all setback and height requirements. Compliance with the setback requirements can be achieved via an alternative design, therefore not depriving this parcel of residential development. e.Only the minimum variance granted. That the variance granted is the minimum variance that will make possible the reasonable use of the land, building, or structure. Meets Standard Yes √No  If the variance is granted, the requested side yard setback of 7.6 feet, and the requested rear yard setback of 13.4 feet for the Southeast portion of the house would be the minimum needed for construction of the applicant’s proposed residence. f.Not injurious to public welfare or intent of ordinance. That the granting of the variance will be in harmony with the general intent and purpose of the comprehensive plan and this code, and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. Meets Standard Yes √No  Although the intent of the residential setbacks is to provide visual and open spaces between houses along the riverfront, properties adjacent to the subject parcel are currently vacant. Commercial setbacks for the CWR zoning district allow structures to be 5 feet from the property line. If the variance is granted, staff opines the setback reduction will not be injurious or detrimental to the public welfare. g.Conditions and safeguards may be imposed. In granting any variance, the board of adjustment may prescribe appropriate conditions and safeguards in conformity with chapter 163 F.S., the comprehensive plan, and any ordinance enacted under its authority. Violation of such conditions and safeguards, when made a part of the terms under which the variance is granted, shall be deemed a violation of the ordinance. 6 Meets Standard Yes √No  If the variance request is granted, staff recommends a condition of approval such that the variance does not carry to future successors and assigns of the property, but is granted solely to this applicant and specific proposed design. h.Time limit may be imposed. The board of adjustment may prescribe a reasonable time limit during which the applicant shall commence and/or complete the subject actions and conditions approved by the board. Meets Standard Yes √No  If granted, staff recommends that the variance expires two years from the date of approval if construction of the residence has not yet begun. i.No use variance permitted in specified instances. Under no circumstances shall the board of adjustment grant a variance to permit a use not generally permitted in the zoning district involved or any use expressly or by implication prohibited by the terms of the ordinance in the zoning district. No nonconforming use of neighboring lands, structures, or buildings in the same zoning district and no permitted use of lands, structures, or buildings in other zoning districts shall be considered grounds for the authorization of a variance. Meets Standard Yes √No  The request is not a use-related variance as residential structures are allowed in the CWR zoning district.