growth and resource management department …...applicant: kim booker owner: scott plumlee staff:...

GROWTH AND RESOURCE MANAGEMENT DEPARTMENT

PLANNING AND DEVELOPMENT SERVICES DIVISION

CURRENT PLANNING ACTIVITY

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

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

CASE NO: V-15-060

SUBJECT: Variances to maximum fence height on Urban Single-Family Residential (R-4) zoned property.

LOCATION: 1706 Old Daytona Road, DeLand

APPLICANT: Kim Booker

OWNER: Scott Plumlee

STAFF: Scott Ashley, AICP, Senior Zoning Manager

I. SUMMARY OF REQUEST

The applicant is requesting a variance to bring an existing six (6)-foot high wood fence and a five (5)-foot high chain link fence into compliance with the fence requirements of Section 72-282(2) of the zoning code. Under this code provision, a residential fence is limited to a height of four feet in the front yard. Therefore, to keep the subject fences in their current location will require a variance so the owner can complete his fence permit application and pass inspections. Specifically, the applicant is requesting the following variances:

1. A variance to Section 72-282(2) to maximum fence height in a front yard from the maximum allowed four (4) feet to six (6) feet for a wood fence in the east front yard; and

2. A variance to Section 72-282(2) to maximum fence height in a front yard from the maximum allowed four (4) feet to five (5) feet for a chain link fence in the east front yard on Urban Single-Family Residential (R-4) zoned property.

Staff recommendation: Approve with conditions.

of 20

II. SITE INFORMATION

1. Location: The property is located at the southwest corner of the intersection of Old Daytona Road and Oak Street, near DeLand.

2. Parcel Number(s): 6035-02-04-0010 3. Property Size: ± 13,750 square feet 4. Council District: 3 5. Zoning: Urban Single-Family Residential (R-4) 6. Future Land Use: Urban Low Intensity (ULI) 7. ECO Map: No 8. NRMA Overlay: No 9. Adjacent Zoning and Land Use:

10. Location Maps:

AERIAL MAP ZONING MAP

DIRECTION ZONING FUTURE LAND USE CURRENT USE

North: R-4W ULI Single-family residence

East: R-4W ULI Single-family residence

South: R-4W ULI Single-family residence

West: R-4W ULI Single-family residence

of 20

III. BACKGROUND AND PREVIOUS ACTIONS

The subject property is a ±13,750 square foot lot situated within the Crestland Estate subdivision platted in 1928. Per Property Appraiser’s records, the parcel includes a one-story single-family dwelling built in 1965. The current owner, Scott Plumlee, purchased the property by warranty deed signed March 18, 1996. At the time of purchase, a boundary survey prepared for Mr. Plumlee dated March 12, 1996, showed a wood fence and chain link fence adjacent to the east and south lot lines consistent with the current 2015 survey. However, the 1996 survey does not indicate the height of these fences. The request site is a corner lot, abutting Old Daytona Road on the north and Oak Street on the east. The applicable R-4 zoning classification requires a minimum 25-foot front yard. As a corner lot, the yards facing the roadways are both considered front yards. In accordance with section 72-282(2), fences in front yards shall not exceed four feet in height. Therefore, a fence located within 25 feet of a front lot line is limited to a maximum height of four feet. This variance case is the result of a complaint filed with Zoning Compliance staff earlier this year about a separate issue on this parcel. During the staff investigation, it was determined that fences had been installed without a building permit as no record of a permit could be found. The fences in question are a wood fence and a chain link fence installed in the east front yard adjacent to Oak Street. In the course of the property owner resolving the complaint with application of a fence permit, it was determined the existing wood and chain link fences exceed the maximum fence height of four feet allowed in the front yard.

IV. REVIEW CRITERIA AND ANALYSIS

VARIANCE SITE PLAN The purpose of this variance is to legitimize a six-foot high wood fence and five-foot high chain link fence installed within the front yard. The variance site plan/survey shows the entire wood fence section within the front yard, while approximately 24 feet of the chain link fence encroaches. VARIANCE CRITERIA - Section 72-379(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.

Variances 1 and 2: There are special conditions and circumstances peculiar to the fence height requests because the two fences already exist in the front yard area. An after-the-

of 20

fact fence permit has been filed, but as the height of each fence does not comply with the applicable requirements, the owner must obtain a variance to proceed with the county permit review process. Staff finds the application meets this criterion. ii. The special conditions and circumstances do not result from the actions of the applicant. Variances 1 and 2: The current property owner is not responsible for the special conditions and circumstances pertaining to the original installation of the wood and chain link fence sections. Per a 1996 property survey, the subject two fences existed in their locations when the current owner purchased this property in 1996. Staff finds that the variance application does 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.

Variances 1 and 2: Literal interpretation of the zoning code would require that two feet of the fence of the wood fence and one foot of the chain link be removed to meet the front yard maximum height of four feet. To move or modify the two referenced fences will create an undue hardship on the applicant. Staff finds that the variance application does 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. Variances 1 and 2: The variances requested are the minimum variance to maintain the existing fence heights and enable the owner to complete his permit application process. Staff finds that the variance application does meet this criterion. 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. 90-10, as amended, and that such variance will not be injurious to the area involved.

Variances 1 and 2: Granting this variance will not cause any safety issues, nor will it impact essential government services. The wood fence is aligned away from the east lot line, and set approximately 70 feet south of the street intersection of Old Daytona Road and Oak Street. Therefore, the fence does not create a sight obstruction for traffic. Staff finds that the variance application does meet this criterion.

of 20

V. STAFF RECOMMENDATION

Staff finds that the requested variance does meet all five of the required criteria for approval. Therefore, staff recommends approval of a variance to Section 72-282(2) to maximum fence height in a front yard from the maximum allowed four (4) feet to six (6) feet for a wood fence in the east front yard (variance 1); and a variance to Section 72-282(2) to maximum fence height in a front yard from the maximum allowed four (4) feet to five (5) feet for a chain link fence in the east front yard on Urban Single-Family Residential (R-4) zoned property, subject to the following staff recommended conditions:

1. The variance is limited to the existing wood and chain link fence located in the east front yard adjacent to Oak Street, as depicted on the variance site plan/survey prepared by Blackwell & Associates Land Surveyors, Inc., dated August 13, 2015, and submitted with building permit number 20150804045. Any increase in the height of the fence shall require approval of a separate variance, and building permit and inspections.

2. The required fence permit and inspection permit number 20150804045 shall be completed within six months from the date of variance rendition, unless the Zoning Enforcement Official grants an extension.

VI. ATTACHMENTS

• Written Petition

• Current Survey/Variance Site Plan

• Support Documents:

• Deed

• 1996 Survey

• Letter of Support

• Reviewer Comments

• Building Permit # 20140811047 (fence permit)

• Map Exhibits

VII. AUTHORITY AND PROCEDURE

The commission may, except as otherwise provided in Section 72-379 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.

of 20

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.

of 20

Variance 16foot wood fence

Variance 25foot chainlink fence

VARIANCE SITE PLAN

of 20

WD-I

5/93

This Warranty Deed

Made this 18th day of March A.D. 19 96by STEVEN CRAIG HOFFMAN, A MARRIED MAN,

JOINED BY HIS SPOUSE DEBRA D. HOFFMAN

hereinafter called the grantor, toSCOTT A. PLUMLEE, A SINGLE MAN

03/20/1996 09:28DOC Stamps 381.50(Transfer Amt $ 54500)Instrument $ 96047731Book 40E3E3Page: 6E51Diane M. MatousekVolusia County, Clerk of Court

whose post office address is:1706 OLD DAYTONA ROADDELAND, FLORIDA 32720Grantees' Tax Id #

hereinafter called the grantee:(Whenever used herein the term "grantor and "grantee" include all the parties to this instrument and theheirs, legal representatives and assigns of individuals, and the succes ors and assigns of corporations)

Witnesseth, that the grantor, for and in consideration of the sum of $ 10.00and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises,releases, conveys and confirms unto the grantee, all that certain land situate in Volusia

County, Florida, viz:Lots 1 and 2, Block 4, CRESTLAND ESTATES, a subdivision,according to map thereof recorded in Map Book 10, Page 182,Public Records Volusia County, Florida.

SUBJECT TO covenants, restrictions, easements of records and taxesfor the current year.

Parcel Identification Number: 6035-02-04-0010Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining.To Have and to Hold, the same in fee simple forever.And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple;

that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrantsthe title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land isfree of all encumbrances except taxes accruing subsequent to December 31,19 95

In Witness Whereof, the said grantor has signed and sealed these presents the day and year first abovewritten.

Signe --Seal and deltvete rcL our presence:

zi ult.( C Utile a /se not

42,;(4e2'Name,

Name:

Name:

Ale CtsVme ST E IG

" DEBRA D .

Name & Address:

NameSrAddresm

02635 GABLESEUSTIS, FL

VE32726

LS

LS

State of FloridaCounty of Volusia

The foregoing instrument was acknowledged before me this 18th day of Marchby

STEVEN CRAIG HOFFMAN, A MARRIED MAN, JOINED BY HISHOFFMAN

who is personally known to me or who has produced

PREPARED BY: JULIE D. BERTRANDRECORD & RETURN TO:Volusia Title Services, Inc.2730 Enterprise Road, Suite COrange City, Florida 32763File No: 95-7733)

SPOUSE,

19 96

DEBRA D.

CURRENT FL DRIVERS LICENSES

, ......

•

t*: MtntoPPage: e, •

ilry0496&"

dentification.

047731

of 20

Chain Link Fence

Wood Fence

of 20

RECEIVED BY E-MAILCURRENT PLANNING

Date:_____________09/30/15

of 20

1

STAFF REVIEW COMMENTS

PLDRC Hearing Date: October 13, 2015

Booker/Plumlee

V-15-060

BUILDING AND CODE ADMINISTRATION AND CODE ENFORCEMENT

Debbie Zechnowitz, Zoning Compliance Officer

Comments: Property owner was previously in violation of running his business from the premises along with storing equipment and violating home OCC regulations. An off-site location was subsequently obtained for the business. Property owner does hold a current BTR. He was cited for not having a permit for the fence when complaint was received regarding the gate. Officer observed the older wooden fence which appeared to violate height restrictions, therefore, it was unlikely a permit was ever issued. Property owner and his attorney have been cooperative with compliance officer in achieving compliance on all issues. All matters are currently in compliance with the exception of the fence permit and inspection approvals. No recent complaints have been received.

* * * * * *

of 20

VARIANCECASE NUMBER

V-15-060ILOCATION 1 " = 1 MILE

REQUEST AREA

of 20

PINE AV

OAK S

T

KEPL

ER R

D N

PINE S

T

OLD DAYTONA RD

SPRU

CE ST

PALMETTO AV

TALM

ADGE

ST

PIERC

E ST

PALM AV

COLV

IN G

ARDE

NS LN

VARIANCECASE NUMBER

V-15-0601"= 600'ECO/NRMA

ECO NRMA REQUEST AREA

of 20

COLV

IN G

ARDE

NS LN

PALMETTO AV

OLD DAYTONA RD

SPRU

CE ST

PIERC

E ST

OAK S

T

PINE AV

PINE S

T

TALM

ADGE

ST

VARIANCEAERIAL 2015CASE NUMBER

V-15-060

1"= 200' IREQUEST AREA

of 20

DELAND

PINE AV

PALM AV

KEPL

ER R

D N

OAK

ST

OLD DAYTONA RD

PALMETTO AV

MAGNOLIA AV

PINE

ST

SPRU

CE ST

OAK AV

TALM

ADGE

ST

PIERC

E ST

ORAN

GE S

T

CR 4047 (MARSH RD)

R-4

RPUD

B-4C

CA-3

R-6

MH-4

B-2R-6C

VARIANCECASE NUMBER

V-15-060I

1"= 400'ZONING CLASSIFICATIONREQUEST AREAINCORPORATED

AGRICULTURALCOMMERCIAL

CONSERVATIONMOBILE HOMERESIDENTIAL

of 20

PINE AV

PALM AV

KEPL

ER R

D N

OAK S

T

OLD DAYTONA RD

PALMETTO AV

PINE S

T

SPRU

CE ST

OAK AV

TALM

ADGE

ST

PIERC

E ST

ORAN

GE ST

CR 4047 (MARSH RD)

COLV

IN G

ARDE

NS LN

VARIANCEFUTURE LAND USE DESIGNATIONCASE NUMBER

V-15-060

1"= 400'COMMERCIALINCORPORATED

URBAN LOW INTENSITYURBAN MEDIUM INTENSITY

REQUEST AREA

of 20