HomeMy WebLinkAboutBoard Criteria for Determining Variances6
BOARD CRITERIA FOR DETERMINING VARIANCES
Section 54-1-2.5
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 √
There is nothing peculiar about the land or building, or any special circumstances regarding
the land or building that would not be applicable to other properties or buildings in the
same zoning district
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 applicant constructed two metal carport type structures that are bolted and screwed
together and which are approximately 12ft x 25ft (300 sf) each, on either side of the
detached garage. The applicant claims they contacted the building department by phone
prior to construction. Limited information was provided by the applicant to give the
appearance that the structures were deminimis and temporary. Building department staff is
well aware that metal structures of this size and nature requires a building permit.
Applicant claims they relied on the information provided and did not obtain the necessary
building permit or engineered plans for these roof structures.
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 √
The overall structure consisting of a detached garage and two metal carport type structures
exceeds the maximum allowable accessory structure size of 1000 square feet. Building
permits are required by the Florida Building Code for metal carport type roof structures. If
a variance is granted, a special privilege for a structure encroaching a side yard setback, and
not first obtaining a building permit for construction, would be conferred to the
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homeowners. Previous requests for size and architectural relief by other property owners
have been denied.
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 √
The applicant installed these two metal carport type structures without a building permit or
engineered plans. The detached garage is not designed to carry the additional intended
loads on each side and the roof framing and roof metal is subject to high wind loads. Had
the applicant provided accurate information, and/or applied for building permits, staff could
have guided them through the process for obtaining a building permit and be in compliance
with all applicable code requirements.
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 √
Because of conflicting documentation, staff cannot determine the minimum variances
needed for the size and setback violations without the review of a certified As-built survey
of the existing structure. Although requested, the applicants have not submitted the
necessary document.
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 √
The granting of the variance itself would not be injurious to the area involved or be
detrimental to the public welfare, provided the applicant applies for a building permit,
provides engineered plans and completes all inspections to ensure the structures will meet
all wind loads and building code requirements. Otherwise, these structures as they are right
now, pose a threat to the surrounding area, especially from a hurricane or wind event, and
are detrimental to property, safety and welfare.
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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.
Meets Standard Yes No √
The granting of the variance must be conditional upon the applicant’s commitment to apply
for a building permit and provide engineered plans that are adequate in detail to satisfy the
building code wind load provisions and any other additional city code requirements. All
inspections must be completed and closed.
However, at this time, until the requested documentation is provided, variances cannot be
determined, including specific recommended conditions of approvals and safeguards.
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
Not applicable at this time
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.