Planning Division Staff Report

VR-SBK-07-01 Page 1 of 4 12/6/06 PLANNING DIVISION STAFF REPORT

Planning and Land Development Regulation Board Meeting Date: December 20, 2006

I. Information Summary:

A. Request: Increase size allowed for shed from 200 square feet to 288 square feet (variance of 88 sq. ft.).

B. Applicant: Steven and Maria Conroy

C. Property Address: 107 Ullian Trail

C. Property Description: Lot 4, of Block 80, of Palm Coast, Map of Ulysses Trees, Section 57, according to the plat thereof, as recorded in map book 17, Page 27, of the public records of Flagler County, Florida.

D. Lot Size and Dimensions: 25,625 sq. ft; 205 ft. x 125 ft.(Unity of Title for Lots 4 and 5)

E. Future Land Use Map (FLUM) Designation: Residential

F. Zoning District: Duplex (DPX)

G. Surrounding FLUM, Zoning and Land Use Designation:

NORTH: FLUM: Residential Zoning: Duplex Supporting: Vacant

SOUTH: FLUM: Residential Zoning: Duplex Supporting: Vacant

EAST: FLUM: Residential Zoning: Duplex (across from Ulian Trail) Supporting: Duplex

WEST: FLUM: Residential Zoning: Duplex Supporting: Single family residence

II. Background and Analysis:

Description of the Proposed Variance Request: The applicant is seeking a variance to increase the maximum shed size from 200 sq. ft. to 288 sq. ft. The section of the code from which a variance is sought is Section 4.01.04 – Sheds that states “the maximum shed size is 200 square feet.” This standard applies to all residential zoning districts. VR-SBK-07-01 Page 2 of 4 12/6/06 The applicants purchased a 288 square foot barn-like shed that is currently located on their lot. A tie down permit has been applied for but not issued pending the outcome of the variance application.

At the time of permit application it was discovered that the shed size exceeded the maximum size requirement.

The justification provided by the applicant states that the shed was purchased with the understanding that no building permit was required. Prefabricated buildings constructed to the Florida State Building Code typically do not require structure related building permits because the buildings are certified that they have been constructed to the applicable building code. All other code provisions do apply, including setback and tie down requirements.

The property is designated “Residential” on the Future Land Use Atlas Map and zoned Duplex (DPX) on the Official Zoning Map.

The minimum lot size in the DPX District is 9,000 square feet. The subject property is 11,250 square feet and supports a duplex structure, a pool, and associated driveways and walkways. The maximum Impervious Surface Ratio (ISR) of .70 would allow up to 7,875 square feet of impervious coverage. The site is currently at .54, with 6,115 square feet of impervious coverage.

The shed is located at the rear of the existing duplex, set back ten feet from the rear property line in accordance with the Duplex Zoning District. The height of the shed does not exceed the roof line of the existing duplex or the screen for the existing pool. The shed was designed and manufactured to appear as a small barn with a gambrel style roof. The sides of the shed have windows and a small faux hay loft door is located above the front door.

The City of Palm Coast Land Development Code specifies that shed structures are not to exceed 200 square feet. Any request to exceed a measurable Land Development Code standard (height, area, size of structure or size of yards, etc.) must be submitted as a variance application. The purpose of a variance is to allow a modification of the strict terms of the zoning regulations provided that the variance is not contrary to the public interest, where conditions are peculiar to the property and not the result of the actions of the applicant and literal enforcement of the regulation would result in unnecessary and undue hardship. The applicant has not demonstrated that the size of the shed is related to the peculiarities of the lot when the standard is applied. Literal interpretation and enforcement of the maximum size standard does not create an unnecessary hardship because the applicant is not being denied the use of a shed but is being required to adhere to the maximum shed size already established in the Land Development Regulations. In fact, if the variance is granted, the applicant is enjoying a special privilege not allowed to other property owners in this and other zoning districts.

B. Applicable Land Development Code: City of Palm Coast Land Development Code Section 4.01.04 – Sheds- B .states “Maximum shed size is 200 square feet. The shed has been located on the lot so that the rear and side interior setbacks have been met.

D. Analysis based on Variance Guidelines: The Land Development Regulations (LDR) Subsection 3.07.03. “Procedure for variances and special exceptions” contains variance guidelines that shall be used by the PLDRB to make a determination to either:

a. Approve the request as submitted; b. Approve the request with conditions; c. Disapprove the request. VR-SBK-07-01 Page 3 of 4 12/6/06

The PLDRB may also continue the public hearing if it determines there is insufficient factual information to make a decision.

Based upon the standards enumerated in the LDR, staff provides the following analysis:

STAFF ANALYSIS:

1. There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape, or topography; and

Staff Finding: No, there are no extraordinary and exceptional conditions that pertain to this property that should allow the maximum square footage for a shed to be exceeded. The applicant provided documentation that a Unity of Title was recorded for Lots 4 and 5; however, the code limitation of a maximum shed size of 200 square feet applies throughout all zoning districts.

2. The application of the provisions of this article to the particular piece of property would create an unnecessary hardship; and

Staff Finding: No, application of this provision does not create a hardship because the applicant would be able to place a smaller shed in conformance with the code requirements on this property. The code will allow a shed, but not at the size selected by the applicant.

3. Such conditions are peculiar to the particular piece of property involved and not created by the actions of the applicant; and

Staff Findings: No, the applicant unfortunately acknowledges purchasing the shed without first seeking permits. The shed is currently on the property without benefit of permits.

4. Relief or variance, if granted would not cause substantial detriment to the public health, welfare, safety and morals or impair the purpose and intent of this Article; and

Staff Finding: Granting of the variance would relax a previously approved standard adopted by the City of Palm Coast for all residential districts. Therefore the standard would become inconsequential.

5. Provided, however, that no variance may be granted for a use of land or building that is not permitted by this article.

Staff Finding: A shed is allowed in this zoning district, but it’s the size that exceeds the code requirements.

III. Recommendation: Staff recommends denial of Application No. VR-OTH-07-01 based upon the following:

1. The variance request does not meet all of the applicable Land Development Code variance criteria. VR-SBK-07-01 Page 4 of 4 12/6/06

VARIANCE SET BACK APPLICATION #VR – SBK -07-01 SUMMARY TABLE DECEMBER 20, 2006 PLDRB

Agenda Item Code Section Required Proposed Variance 200 sq. ft. shed Maximum limitation 4.01.04 200 sq. ft. 288 sq. ft. 88 sq. ft. Site Address 107 Ullian Trail Agent Name & Address None Owner Name & Steven and Maria Conway Address 107 Ullian Trail Parcel No. 07-11-31-7057008000040 FLUM: Residential Zoning District DPX Legal A request has been made by Steven and Maria Conway of Palm Coast Advertisement Section 57, Block 80, Lots 4 & 5 (107 Ullian Trail) for an 88 sq. ft.variance from the 200 sq. ft. limitation on shed size. Lot Area: 25,625 sq. ft. (Unity of Title for Lots 4 & 5) Lot Dimensions 205 ft. x 125 ft. Conformity of Lot CONFORMING Conformity of Request: NON-CONFORMING Type of Building: SHED Size of Building: 288 sq. ft. Building Permit No. Permit Application No. 2006070471 has not been issued pending variance request. Notice of NONE Violation: Construction Status: INSTALLED