Hernando County, FL Banner Image
File #: 12256   
Type: Agenda Item Status: Adopted
File created: 5/9/2023 In control: Board of County Commissioners
On agenda: 6/13/2023 Final action: 6/13/2023
Enactment date: 6/13/2023 Enactment #:
Title: Variance Petition Submitted by Charles Fernandez and Kerrie Best
Attachments: 1. Zoning Appeal Application, 2. Zoning Variance Application, 3. Application Review Comments, 4. Riverine Buffer Zone and Request Vaiance, 5. Site Plan, 6. Seawall Site Plan, 7. Stop Work Notice Picture, 8. Deck Picture, 9. Best / Fernancez APO Map, 10. Best / Fernandez APO, 11. Correspondence, 12. Approval Resolution - Fernandez and Best, 13. Denial Resolution - Fernandez and Best, 14. Affidavit of Publication of Legal Ad CLK23-083, 15. Variance Petition Submitted by Charles Fernandez and Kerrie Best Exhibit
Related files: 13494
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Variance Petition Submitted by Charles Fernandez and Kerrie Best

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BRIEF OVERVIEW
The applicant has requested to reduce rear yard setback from 15' to 0' and to allow an encroachment of 3' for a portion of the deck that cantilevers over a triangulated section of the existing seawall.

LOCATION
Weeki Wachee Gardens 6 Replat Lot 14 Orb 649 Page 1648

CURRENT ZONING
R1A

ORDIANCE STANDARDS
Hernando County Code of Ordinances, Chapter 23, - Planning, Article 6 - Riverine Protection, Section 23-210 (b)(1)

SURROUNDING ZONING & LAND USE
North: Right of Way
South: River
East: Residential
West: Residential

REQUEST:
The applicant has requested a variance to reduce rear yard setback from 15' to 0' and to allow an encroachment of 3' for a portion of the deck that cantilevers over a triangulated section of the existing seawall.

Riverine Protection Ordinance (RPO) Review:
The Planning and Zoning Division completed an RPO review and had the following comments:

The new screen room (15' x 12') averages 15' from the leading edge of the seawall and can be considered to be outside of the riverine buffer. However, the deck that crosses the riverine buffer and cantilevers over the seawall (18' x14') has been expanded, enlarged, altered and is no longer non-conforming. The portion of this deck that encroaches within the riverine buffer should be removed and the affected portion of the riverine buffer restored with vegetation (grass, shrubs, ground cover, etc.). The site plan should be modified to comply with the riverine protection ordinance. A walkway to the river through the riverine buffer is allowed. Note, permits were not found within the current system for the existing decks.

CONCLUSION
Upon review of the proposed variance, it appears that to reduce rear yard setback from 15' to 0' and to allow an encroachment of 3' for a portion of the deck that cantilevers over a triangulated section of the existing seawall is inconsistent with the ordinanc...

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