| | | | | | | |  |  | 5919 MAIN STREET . NEW PORT RICHEY, FL 34652 . 727.853.1016 |
| TO: | City of New Port Richey City Council | | FROM: | George Romagnoli, AICP, Planning and Development Director | | DATE: | 7/16/2019 | | RE: | Variance Application: 5911 Delaware Avenue |
REQUEST:
The Development Review Committee (DRC) and Land Development Review Board (LDRB) differed on a variance request for the location of a proposed detached garage for the property at 5911 Delaware Avenue . Section 5.03.02 of the Code states that if the LDRB disagrees with the recommendation of the DRC, the petition shall be considered by City Council.
City Council is to review the matter as part of a quasi-judicial proceeding. The petition is to be handled in a manner similar to an appeal.
DISCUSSION:
The proposal from the property owner is to obtain a four-foot variance to construct a 24x30 (720 sq ft) accessory garage, 21 feet east of the property line along Jefferson Street and approximately 130 feet north of Delaware Avenue. The applicant is requesting this variance for the accessory garage because Section 7.03.03 of the Land Development Code for R-3 Zoning states that detached structures for accessory uses such as private garages may be located no closer than 25 feet to the property line, when the building lot abuts an avenue or street
The proposed accessory garage meets the other required setbacks. The orientation of the garage would face Jefferson Street and a driveway is proposed to provide parking and access to the garage at the rear of the property.
In the discussion with the LDRB, the LDRB felt that the setback was not injurious to the neighborhood and therefore voted to reject staff's recommendation and approve the owner's request.
RECOMMENDATION:
In order for a variance to be approved, there must be a hardship proven that requires the variance (Land Development Code 5.03.03). The criteria for a hardship are:
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That special conditions or circumstances that 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;
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That the special conditions and circumstances do not result from the actions of the applicant;
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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;
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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 would work unnecessary and undue hardships on the applicant;
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That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure;
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That the grant of the variance will be in harmony with the general intent and purpose of the ordinance and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare.
Both the DRC and the Planning and Development Department felt that there was no hardship to the justify the variance, so a denial is recommended.
BUDGET/FISCAL IMPACT:
None. | | | |
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