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Variance Appeal Submitted by Francisco Jose Fortes and Lily Del Rosario Zapata for Property Located at 9302 Smooth Bark Ct
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BRIEF OVERVIEW
The petitioners are requesting approval for an additional Detached Garage on their 2.40-acre property zoned PDP(Single Family). The subject site currently only allows for:
• One (1) Detached Accessory Building up to 400 square feet in size (prefabricated); and
• One (1) Detached Garage 200 square feet or larger in size (site-built).
The petitioners currently have a 945-square-foot site-built Detached Garage (“existing garage”) on the property. The existing garage was constructed concurrently with the residence; however, it was permitted separately in 2015, establishing the 945-square-foot structure as the property’s one permitted site-built Detached Garage.
The petitioners are proposing an additional 2,400-square-foot site-built Detached Garage. Approval of the request would result in two (2) permanent site-built accessory structures on the property and would exceed the maximum structural square footage permitted by the Code of Ordinances.
The petitioners also request an additional variance for the proposed Detached Garage to have a metal roof. The PDP(Single Family) district requires Detached Garages to have roof materials consisting of either shingles or tiles, and the request would not comply with the applicable design standards.
The Administrative Official’s intent was to deny the variance request, which the applicants filed for appeal.
STRATEGIC PLAN INITIATIVES
The request is consistent with Strategic Theme D, "Quality of Life".
FINANCIAL IMPACT
A matter of policy. There is no financial impact.
LEGAL NOTE
The variance procedures require that upon receipt and review of an application for variance, a notice of intent of either approval or denial be sent to property owners. If the notice of intent is to deny the variance, a mailing shall be issued to the property owners within two hundred fifty (250) feet of the property under consideration for the variance. If no objection is filed within the fifteen (15) day objecting period, the Administrative Official's decision to deny the variance shall stand. However, if an objection is filed within the 15-day objecting period, the Administrative Official shall schedule the matter for public hearing and decision by the Board to hear the application for variance pursuant to Appendix A, Article V, Section 3E of the Hernando County Code of Ordinances.
Any person affected by the Administrative Official’s decision may file for appeal and such appeal shall be taken within thirty (30) days after rendition of the decision pursuant to Appendix A, Article V, Section 3F of the Hernando County Code of Ordinances.
The Board is authorized to consider the variance appeal pursuant to Appendix A, Article V, Section 3A(1) of the Hernando County Code of Ordinances, and Chapters 125 and 163 of the Florida Statutes.
The applicable criteria for accessory structures and buildings in residential PDPs are contained in Appendix A, Article VIII, Section 1K of the Hernando County Code of Ordinances
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RECOMMENDATION
The Board should review the request, take public comment, and approve or deny the variance appeal. Following the Board’s decision, the Board should authorize the Chairman’s signature on the resolution reflecting that decision, which will thereafter be recorded in the County’s Public Records.