August 8, 2017 Planning and Land Development Regulation Commission (PLDRC) 3030 John Anderson Drive, Ormond Beach

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1 Page 1 of 19 GROWTH AND RESOURCE MANAGEMENT DEPARTMENT PLANNING AND DEVELOPMENT SERVICES DIVISION 123 West Indiana Avenue, DeLand, FL (386) PUBLIC HEARING: CASE NO: SUBJECT: LOCATION: APPLICANT/OWNER: STAFF: August 8, 2017 Planning and Land Development Regulation Commission (PLDRC) V Variance to a waterfront yard for a single family dwelling addition on Urban Single Family Residential (R-3) zoning property John Anderson Drive, Ormond Beach Michael and Margaret Seca Scott Ashley, AICP, Senior Zoning Manager I. SUMMARY OF REQUEST The applicants are requesting a variance to the approved waterfront yard to add a porch addition on the rear of an existing single-family home. The lot is an atypical because it abuts a waterbody (the Halifax River). This property was granted a waterfront yard of 12.5 feet in 2007 by the Volusia County Council, by appeal case A The applicants request is: A variance for a waterfront yard from the established 12.5 feet to zero (0) feet on Urban Single-Family Residential (R-3) zoned property. Staff Recommendation: Deny the variance request, case number V , as the application does not meet all five criteria for granting said variance.

Parcel No(s): 3221-00-02-0010 3. Property Size: 25,800 square feet 4. Council District: 4 5. Zoning: Urban Single-Family Residential (R-3) 6. Future Land Use: Urban Low Intensity (ULI) 7.

2 Page 2 of 19 II. SITE INFORMATION 1. Location: West side of John Anderson Drive, directly west of the intersection of Sandpiper Ridge Drive and John Anderson Drive, near the City of Ormond Beach. 2. Parcel No(s): Property Size: 25,800 square feet 4. Council District: 4 5. Zoning: Urban Single-Family Residential (R-3) 6. Future Land Use: Urban Low Intensity (ULI) 7. ECO Overlay: No 8. NRMA Overlay: No 9. Adjacent Zoning and Land Use: DIRECTION ZONING FUTURE LAND USE CURRENT USE North: R-3 Urban Low Intensity Vacant. Future single-family dwelling East: R-3 Urban Low Intensity Single-family South: R-3 Urban Low Intensity Single-family dwelling West: Ormond Beach Ormond Beach Halifax River 10. Maps: ZONING MAP FUTURE LAND USE MAP

Page 3 of 19 III. BACKGROUND AND PREVIOUS ACTIONS The subject property lies on the eastern bank of the Halifax River in the Ormond-by-the- Sea community.

3 Page 3 of 19 III. BACKGROUND AND PREVIOUS ACTIONS The subject property lies on the eastern bank of the Halifax River in the Ormond-by-the- Sea community. As shown on the survey, it is a long rectangular lot with a coquina rip-rap seawall system that borders the property on the western side abutting the river. The property and seawall extend approximately 38 feet westward past the properties immediately to the south, which are bordered by rip-rap rather than a seawall. On April 19, 2007, the Volusia County granted appeal case A , which approved three variances to allow construction of the existing single-family dwelling originally requested under case V These variances reduced the front yard and waterfront yard for a proposed single-family dwelling, and reduced the setback requirement to allow an unenclosed, second floor balcony to extend farther into the waterfront yard. Because of the limited upland depth of the lot, a waterfront yard of 12.5 feet in lieu of the minimum required 25 feet was granted by the county council. The current property owners are requesting a new waterfront yard variance to allow a rear screen porch addition. However, the dwelling is not in compliance with the approved variances, with a current waterfront yard of only 11.3 feet measured from top of bank of the existing seawall making the home a nonconforming structure subject to the provisions of Section (3) of the zoning code. To the rear of the existing home is an 11.3-foot wide paver patio that extends to the edge of the coquina rip rap seawall. Due to significant wetland issues associated with the property, development was not possible until after an extensive FDEP and Army Corp of Engineers permitting process. A permit condition from both state and federal agencies to develop the property is that a coquina rip-rap revetment seawall must be installed. In addition, the permit does not authorize any alteration to the northern portion of the lot. The waterfront yard requirement of the R-3 classification is 25 feet, and under the waterfront provisions of Section of the Volusia County Zoning Ordinance (zoning code), this yard is measured from the top of the rip-rap seawall embankment. IV. REVIEW CRITERIA AND ANALYSIS VARIANCE PLAN The applicants are using their current property survey as the variance site plan. Pursuant to the plan, the proposed rear porch addition would be constructed over the existing paver patio situated between the principal structure and the seawall. The screen porch addition would cover an area of the patio that measures 64 feet wide by 11.3 feet

4 Variances of the zoning code contains five applicable criteria by which a variance application may be granted. The following staff evaluation is based on these criteria: i.

4 Page 4 of 19 deep. On the plan drawing, the location of the proposed porch addition is highlighted in yellow. The noted garage addition began construction in 2016, but has not yet received final inspection approval. VARIANCE CRITERIA - Section (1) a.4 Variances of the zoning code contains five applicable criteria by which a variance application may be granted. The following staff evaluation is based on these criteria: i. Special conditions and circumstances exist which are peculiar to the land, structure, sign, or building involved and which are not applicable to other lands, structures, signs, or buildings in the same zoning classification. A feature that is peculiar to this lot, in comparison to the adjacent waterfront lots, is that it is double the lot width, however, the upland portion is approximately feet less in depth. The adjacent waterfront properties extend approximately 30 feet further toward the water than the subject lot. This lot s waterfront edge was limited by the environmental permits as can be seen in the inset photo. Also, most of the adjacent waterfront lots have typical concrete seawalls along their waterfront, whereas this lot does not. Due to environmental permitting requirements, the subject lot s waterfront embankment is made of coquina rip-rap as depicted on from the top of this sloped embankment. The remaining approximately 30 feet is submerged and unusable in establishing the required waterfront yard. Staff finds the variance meets this criterion as evident by the front yard and waterfront yard variances granted in 2007.

5 Page 5 of 19 ii. The special conditions and circumstances do not result from the actions of the applicant. The applicants are not responsible for the physical condition of the property. However, the applicants are responsible for the intended porch addition that requires the requested variance. The applicants were involved in the home construction. Staff finds that the variance does not meet this criterion. iii. Literal interpretation of the provisions of this ordinance would deprive the applicant of rights commonly enjoyed by other properties in the same zoning classification, under the terms of the ordinance, and would work an unnecessary and undue hardship on the applicant. Literal interpretation of the provisions of the zoning code would not deprive the property owners of any rights. The owners benefit from an existing single-family dwelling that has a nonconforming waterfront setback, which could not be built today without variance approvals. The 2007 variance approved a waterfront setback of 12.5 feet to enable the home construction on this narrow atypical lot. However, the home is built closer to the shoreline, resulting in the current house foot print not meeting the previous variance approved setback. The size of the porch will cover a majority of the existing paver patio and result in no waterfront setback for most of the single-family dwelling. Many properties located on the west side of John Anderson Drive have received variances because of their narrow lot depth. Therefore, it is not uncommon on these narrow lots that a principal or accessory structure may benefit from a single digit setback. However, granting the requested zero setback variance would convey unusual and additional benefits to the applicants that are not commonly enjoyed by other properties in the same zoning classification. Staff finds that the variance does not meet this criterion. iv. The variance granted is the minimum variance that will make possible the reasonable use of the land, building, structure, or sign. The applicants believe that with the recent south side garage addition and the development restriction north of the home site, the existing patio area is the only space to install a shade structure, such as the porch. However, staff believes that the applicants have reasonable use of the existing building and land based in the existing approved variances. Staff finds that the variance does not meet this criterion.

6 Page 6 of 19 v. The grant of the variance will be in harmony with the general intent and purpose of this ordinance and the Volusia County Comprehensive Plan Ordinance No , as amended, and that such variance will not be injurious to the area involved. Granting the applicants requested variance would reduce the established 12.5 ft. waterfront yard setback on the property to zero. Special conditions and circumstances exist that are not typical to all properties in the same zoning classification, but have been common to numerous properties along John Anderson Drive. According to the owners, the requested waterfront yard variance will not have a visual impact on adjacent properties because of the concave shaped shoreline and location on the backside of the home. However, it is not in harmony with the general intent and purpose of this ordinance for a principal structure to have a zero setback. V. STAFF RECOMMENDATION Deny, the variance request, case number V , as the application does not meet all five criteria for granting said variance. Staff conditions are provided for consideration should this variance be considered for approval: 1. The variance applies exclusively to the 11.3-foot x 64-foot dimensioned screened porch depicted on the applicants variance site plan/property survey prepared by Casey Land survey, LLC, with a sign and seal date of 4/5/16. The proposed porch shall not exceed a height of 10 feet. This porch shall not be enlarged, increased, or extended further to encroach or occupy any greater area of the property beyond the above stated dimensions without approval of a separate variance. The porch shall not be converted to living area. 2. Prior to the commencement of any site work or construction of site improvements, the applicant shall obtain all required building and environmental permits and required inspections, and comply with all applicable fees, codes, and ordinances. 3. No impervious surfaces or structures shall be constructed or placed upon the subject property except as shown on the approved variance site plan. Variances and conditions established under case A for the principal structure and the property shall remain in effect, except as permitted by this application. Notwithstanding any code provision, no balconies, decks or stairways shall extend or overhang into the waterfront yard area established by this approval and shown on the variance plan.

7 Page 7 of 19 VI. ATTACHMENTS Written Petition Survey/Variance Site Plan Porch elevations Environmental staff comment Map Exhibits VII. AUTHORITY AND PROCEDURE The commission may, except as otherwise provided in Section of the zoning code, authorize, after due public notice upon application on a form prescribed by the zoning enforcement official, such variance or variances from the terms of this ordinance as will not be contrary to the public interest when, owing to special conditions, a literal enforcement of the provision of this ordinance would result in unnecessary and undue hardship. Said variance application shall be heard only if it is presented by the person owning 51 percent or more of the specific area of land involved or upon an administrative application by the county council. Any new information to be presented at the planning and land development regulation commission meeting for any application will be grounds to continue an application to the next planning and land development regulation commission meeting. Applicants shall inform and provide staff with the new information prior to the planning and land development regulation commission meeting.

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15 Page 15 of 19 SAND DOLLAR DR CR 2803 (JOHN ANDERSON DR) SEA RAVEN TER SEA SWALLOW TER SEA GULL DR SEA GULL TER ATLANTIC OCEAN SR A1A (OCEAN SHORE BLVD) ATLANTIC SHORELINE VIA MADRID DR AVALON DR CAPRI DR HALIFAX RIVER BARRIER ISLE DR MARLIN DR CR 2803 (JOHN ANDERSON DR) SANDPIPER RIDGE DR TOMOKA BASIN ORMOND BEACH SEAFARERS DR SMUGGLERS COVE CR 2802 (BEAU RIVAGE DR) SAND DUNES DR CR 4001 (JOHN ANDERSON DR) OCEAN GROVE DR REQUEST AREA LOCATION 1 " = 400' I PIERSIDE DR VARIANCE CASE NUMBER V

16 BUCCANEER COVE Page 16 of 19 CR 2803 (JOHN ANDERSON DR) SAND DOLLAR DR SEA SWALLOW TER SEA GULL TER ATLANTIC SHORELINE SR A1A (OCEAN SHORE BLVD) VIA MADRID DR AVALON DR CAPRI DR BARRIER ISLE DR MARLIN DR SANDPIPER RIDGE DR SEAFARERS DR COV E PIRAT ES SMUGGLERS COVE CR 2802 (BEAU RIVAGE DR) SAND DUNES DR OCEAN GROVE DR PIERSIDE DR AERIAL 2015 CR 4001 (JOHN ANDERSON DR) RIVERWALK 1"= 400' I VARIANCE CASE NUMBER REQUEST AREA V CT

17 Page 17 of 19 SEA GULL TER SAND DOLLAR DR R-6 RC ATLANTIC SHORELINE VIA MADRID DR SR A1A (OCEAN SHORE BLVD) AVALON DR CR 2803 (JOHN ANDERSON DR) R-4 CAPRI DR BARRIER ISLE DR MARLIN DR RC SANDPIPER RIDGE DR INC SEAFARERS DR R-5 R-3 CR 2802 (BEAU RIVAGE DR) SAND DUNES DR OCEAN GROVE DR CR 4001 (JOHN ANDERSON DR) ZONING CLASSIFICATION 1"= 400' INCORPORATED RESOURCE CORRIDOR RESIDENTIAL I PIERSIDE DR CT RIVER WA LK VARIANCE CASE NUMBER V REQUEST AREA

18 Page 18 of 19 CR 2803 (JOHN ANDERSON DR) ESC SAN D DOLLAR DR VIA MADRID DR SEA GULL DR S AND D O LLAR DR UHI SR A1A (OCEAN SHORE BLVD) ESC AVALON DR CR 2803 (JOHN ANDERSON DR) UMI CAPRI DR BARRIER ISLE DR MARLIN DR MARLIN DR CR 2803 (JOHN ANDERSON DR) ESC SANDPIPER RIDGE DR SEAFARERS DR W ULI CR 2802 (BEAU RIVAGE DR) SAND DUNES DR OCEAN GROVE DR FUTURE LAND USE URBAN HIGH INTENSITY URBAN MEDIUM INTENSITY ENVIRONMENTAL SYSTEMS CORRIDOR URBAN LOW INTENSITY WATER PIERSIDE DR 1"= 400' I VARIANCE CASE NUMBER V REQUEST AREA

19 Page 19 of 19 SAND DOLLA R DR SEA GULL TER VIA MADRID DR AVALON DR CAPRI DR CR 2803 (JOHN ANDERSON DR) BARRIER ISLE DR MARLIN DR SANDPIPER RIDGE DR SEAFARERS DR CR 2802 (BEAU RIVAGE DR) CR 4001 (JOHN ANDERSON DR) SAND DUNES DR OCEAN GROVE DR PIERSIDE DR ECO/NRMA ECO NRMA REQUEST AREA 1"= 400' I VARIANCE CASE NUMBER V

IN THE OFFICE OF ADMINISTRATIVE HEARINGS CASE NUMBER V RONALD M. KLINE AND RACHEL A. KLINE SECOND ASSESSMENT DISTRICT

IN THE OFFICE OF ADMINISTRATIVE HEARINGS CASE NUMBER 2015-0080-V RONALD M. KLINE AND RACHEL A. KLINE SECOND ASSESSMENT DISTRICT DATE HEARD: JUNE 18, 2015 ORDERED BY: DOUGLAS CLARK HOLLMANN ADMINISTRATIVE