public hearing: case no: subject: special exception for …...or scenic beauty, or cause excessive...

GROWTH AND RESOURCE MANAGEMENT DEPARTMENT

PLANNING AND DEVELOPMENT SERVICES DIVISION

CURRENT PLANNING ACTIVITY

123 W. Indiana Avenue, Room 202, DeLand, FL 32720 (386) 736-5959

PUBLIC HEARING: November 10, 2015 - Planning and Land Development Regulation Commission (PLDRC)

CASE NO: S-15-068

SUBJECT: Special exception for a garage apartment on Transitional Agriculture (A-3) zoned property

LOCATION: 845 Sand Crane Lane, Lake Helen

APPLICANT: Michael J. Woods, Esq., attorney for owner

OWNER: Laurel Bloedorn

STAFF: Susan Jackson, AICP, Senior Planning Manager

I. SUMMARY OF REQUEST

The applicant is requesting a special exception for a garage apartment on Transitional Agriculture (A-3) zoned property. The property is approximately 5 acres, located on Sand Crane Lane in Lake Helen. This request is to resolve a building compliance case so that the applicant can apply for after-the-fact building permits. Staff Recommendation: Forward to county council for final action with a recommendation of approval with staff conditions.

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II. SITE INFORMATION

1. Location: The property is located on the south side of Sand Crane

Lane, approximately 350 feet west of its intersection with Kicklighter Road.

2. Parcel Number(s): 8104-0000-0034 3. Property Size: 5 acres 4. Council District: 1 5. Zoning: Transitional Agriculture (A-3) 6. Future Land Use: Rural 7. ECO Map: No 8. NRMA Overlay: No 9. Adjacent Zoning and Land Use:

10. Location Maps

FUTURE LAND USE MAP ZONING MAP

DIRECTION ZONING FUTURE LAND USE CURRENT USE

North: City of Lake Helen RR

City of Lake Helen Rural Residential

Single-Family – Rural Residential

East: A-3 Rural Single-Family – Rural Residential

South: A-3 Rural Vacant, wooded

West: City of Lake Helen RR

City of Lake Helen Rural Residential

Single-Family – Rural Residential

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III. BACKGROUND AND PREVIOUS ACTIONS

The subject property is a five-acre, rural residential property. It is located on Sand Crane Lane, adjacent to the city of Lake Helen. The property contains a single-family home and a pole barn with living quarters on the second floor. When the pole barn was constructed, it met the requirements for an exempt farm building on an existing farm and did not require a formal building permit. The second floor living quarters, however, would not have met the exempt farm building requirements and would have required a building permit. The owners did not obtain a permit or special exception approval prior to constructing the living quarters. On August 17, 2015, the property owners received a notice of violation for building without a permit in relation to the secondary living quarters. In order to remedy the code enforcement action, the owners are seeking a special exception for a garage apartment to allow the secondary living quarters, and if successfully granted, will then proceed with application for a building permit. Garage apartments are defined as an accessory building containing a storage area for one or more motor vehicles and one single-family dwelling occupying not more than 800 square feet of living area. The exterior measurements of the living quarters measures 42 feet 11 inches by 19 feet 11 inches for a total of 854 square feet; however, the interior conditioned living space measures 771 square feet. The pole barn serves as the storage area for vehicles. The structure exceeds all applicable setbacks. The A-3 zone requires a 25-foot side setback and a 40-foot rear setback. The apartment is located in the rear of the property, over 45 feet to the closest side property line and 176 feet from the rear property line. Further, there are significant trees on both the side and rear property lines to visibly shield the structure from neighboring properties.

IV. REVIEW CRITERIA AND ANALYSIS

Under subsection 72-415(8) Reasons for denial, the commission may recommend denial of any application for a special exception, and the county council may deny the application for one or more of the following reasons:

(a) It is inconsistent with the purpose or intent of this article.

The purpose and intent of the Rural Residential classification “is to provide for development, in a manner which is consistent with the comprehensive plan, in rural areas of the county.” The majority of the lots in the vicinity of the subject property are of a similar

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size range and predominately developed with single-family homes. The pole barn is a common type of structure in an agricultural area and fits the rural character of the area. The apartment above the pole barn is architecturally cohesive with the rustic nature of the pole barn and does not diminish its rural characteristics. Further, garage apartments are permitted by special exception in the A-3 zoning classification and, therefore, this request is considered consistent with the purpose of the zoning classification. (b) It is inconsistent with any element of the comprehensive plan.

The comprehensive plan supports activities that provide for sustainable and affordable housing opportunities. Housing Element, policy 5.1.1.14, states that the county shall continue to allow, as a special exception, the construction of accessory dwellings in residential zoning categories that allow 6,000 square feet lot sizes or larger. The subject property is five acres in size.

The property has a Rural future land use designation. This designation allows a mixture of agriculture and low density residential development. It is considered a transitional use between agricultural and urban uses. Rural areas should be developed in a manner consistent with the retention of agriculture and the protection of environmentally sensitive areas. The subject parcel is located in a predominately large-lot single-family area, with some agriculture activities in the vicinity. There are no environmental concerns associated with the property. The addition of a garage apartment on this lot is consistent with the intent of the future land use designation and the comprehensive plan.

(c) It will adversely affect the public interest. Garage apartments are a permitted special exception in the A-3 zoning classification. The parcel size, five acres, is more than adequate to accommodate the accessory structure. It is located rearward of the main house, over 350 feet from the front property line, 176 feet from the rear property line and 45 feet from the closest side property line. The property contains substantial natural vegetative buffers on the side and rear, which shields the structure from adjacent neighbors. The addition of a garage apartment above the pole barn does not adversely affect the public interest.

(d) It does not meet the expressed requirements of the applicable special exception.

A garage apartment is limited to 800 square feet of living space, and must not be located in any required yard area. In this case, the as-built floor plan shows the living space as 771 square feet. There is a storage room that is currently accessible from inside the apartment. This space will be required to be closed off so that it is inaccessible from the living quarters in order that this area cannot be used as, or counted towards, the square footage of the garage apartment. This storage room is accessed from a dedicated stairway, separate from the stairway that accesses the apartment. The apartment is not located within any required yard area. This request meets the express requirements of the special exception.

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(e) The applicant will not be able to meet all requirements imposed by federal, state or local governments, or by the county council.

The applicant does meet the requirements of the special exception, subject to closing the internal access to the cold storage area as shown on the floor plan sketch. Subsequent to approval of the special exception, the applicant must apply for after-the-fact building permits and shall meet all permitting requirements by any applicable federal, state, and local agency. (f) Notwithstanding the provisions of article XIV of the land development code [appendix A], it will generate undue traffic congestion.

A single-family home generates approximately 10 trips per day on the local road network. The addition of a 771 sq. ft. garage apartment will not substantially increase this rate and will not generate undue traffic congestion on local roads. (g) It will create a hazard or a public nuisance, or be dangerous to individuals or to the public.

This garage apartment will not create a hazard or public nuisance, or be dangerous to individuals or the public.

(h) It will materially alter the character of surrounding neighborhoods or adversely affect the value of surrounding land, structures or buildings.

The character of the surrounding area is rural/large lot residential and agricultural. These types of areas typically have large accessory structures associated with farming activities. In this case, the garage apartment is part of a farm building and, therefore, blends with the character of the surrounding area. Further, the structure is buffered by trees and a natural vegetation on the side and rear of the property. The garage apartment will not be easily visible from other properties. This use will not materially alter the character of the surrounding neighborhood or adversely affect the value of surrounding land, structures or buildings. (i) It will adversely affect the natural environment, natural resources or scenic beauty, or cause excessive pollution.

The special exception will not adversely affect the natural environment, natural resources or scenic beauty, or cause excessive pollution.

V. STAFF RECOMMENDATION

Staff recommends that the PLDRC forward this special exception for a garage apartment on Transitional Agriculture (A-3) zoned property, to the county council for final action with a recommendation of approval, subject to the following staff recommended conditions:

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1. The special exception is limited to one 771-square foot garage apartment as shown

on the as-built floor plan prepared by EPI, dated October 22, 2015. Any future expansion of the structure beyond the current footprint shall require approval of a separate special exception and/or variance, building permit and inspections.

2. The existing door between the bedroom and the storage room shall be removed and

replaced with wall construction to match the existing bedroom walls. There shall be no direct access from inside the garage apartment to the storage room area.

3. The property owners or authorized agent(s) shall obtain and complete all required

building and Health Department permits and inspections for the garage apartment.

VI. ATTACHMENTS

• Written Explanation

• Survey

• Special Exception Site Plan

• Reviewer Comments

• Site Photographs

• Map Exhibits

VII. AUTHORITY AND PROCEDURE

Pursuant to Section 72-415, the County Council shall hold a public hearing after due public notice on all recommendations from the commission. It may accept, reject, modify, return, or seek additional information on those recommendations. No approval of a special exception application shall be made unless, upon motion, four members of the county council concur. The county council will thereafter forward its decision to the applicant. Any new information to be presented at the planning and land development regulation commission for any application will be grounds to continue an application to the next planning and land development regulation commission. Applicants shall inform and provide staff with the new information prior to the planning and land development regulation commission. Any new information to be presented at the county council meeting that was not previously presented to the planning and land development regulation commission for any application will be grounds to return an application to the planning and land development regulation commission for further review. Applicants shall inform and provide staff with the new information prior to the council meeting.

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1

STAFF REVIEW COMMENTS

PLDRC Hearing Date: November 10, 2015

Woods/Bloedorn

S-15-068

BUILDING, ZONING AND CODE ADMINISTRATION

Mike Campbell, Plans Examiner, Building and Code Administration

Comments: The following will need to be addressed when submitting for the Building Permit:

• Location on lot. (VCCO Sections 72-341, 72-503, 107.3.5 FBC-B); Commercial: Land Development and/or Zoning approved site plans to include accessible parking, aisle and route(s), set backs, building separations. (104 VCLDC, 104.3 FBC).

• Survey. (VCCO Sec. 72-341, VCCO Sec. 22-2, 106.2); Sealed survey w/ original signature; flood zone determination, pre-construction elevation certificate if applicable (See Special Flood Hazard section or CCCL sections as appropriate).

• Special Flood Hazard Area. (VCCO Sec. 72-743); Design and documentation requirements for structures located within or partially located within a designated flood zone per the Flood Insurance Rate Maps.

• 1609 FBC-B Wind loads. Design by Florida registered architect or engineer (ASCE 7-10) or exceptions. Basic wind speed in mph per applicable figure 1609 A, B, or C maps depending on the risk category of buildings or other structures (VCCO Sec. 22-3). Wind exposure category (C or D capacity). Components and cladding; design wind pressures. Wind-borne debris protection. Verify exposure, pressures, glazing protection and complete "Component and Cladding Design Information" form.

• Section 503 FBC-B. General Height and Area Limitations. Special industrial, buildings on same lot, Type I construction, basements, group A & E basements.

• T503, 504, 505, 506, 507,508 509 FBC-B. Allowable Height and Building Areas. Special unlimited height, automatic sprinkler system increase, roof structures, mezzanines, area modifications, unlimited area buildings, mixed use and occupancy, non-separated occupancies, separated occupancies, special provisions.

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2

STAFF REVIEW COMMENTS

PLDRC Hearing Date: November 10, 2015

Woods/Bloedorn

S-15-068

(Continued)

Note: The required Plan Review for Florida Building Code compliance will be performed at the time of permit application for the proposed structures. Items such as a handicapped accessibility, vertical accessibility with-in the building, automatic sprinkler systems, fire alarm systems, emergency exit lighting, accessible means of egress, minimum plumbing facilities, outdoor ventilation air and 2010 Florida Building Code-EB requirements if applicable. Plans/ drawings are required for all permit applications. In general, the plans will need to be of professional grade/ quality, meet the minimum submission requirements of 107.3.5 2010 FBC (as applicable) and will need to be reviewed for code requirements by a FL registered architect or engineer (requires raised seal). The permit application normally needs to be filed by a licensed contractor (Owner/ occupiers may apply for the permit if the exemption requirements of SS 489 are met.

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public hearing: case no: subject: special exception for …...or scenic beauty, or cause excessive...

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