Title
ZV 2019-11, Weekley Asphalt Paving Plant, 20701 Stirling Road, variance request. (Dean)
Summary Explanation and Background
SUMMARY EXPLANATION AND BACKGROUND:
PROJECT DESCRIPTION / BACKGROUND:
Tod Workman, as agent for owner, has submitted three (3) variance requests for existing conditions at the Weekly Asphalt Plant located at 20701 Stirling Road:
To allow 9’ x 18’ existing parking spaces instead of the required 9’ x 19’ parking spaces; to allow 16.3’ wide existing drive lane instead of required 24.0’ wide drive lane and to allow no landscape buffer along northern property line instead of required landscape buffer abutting all adjacent properties.
These variances, along with proposed Site Plan #SP 2018-09 (to be reviewed by the Planning & Zoning Board at a future P & Z Board meeting) are to bring into compliance a number of structures and improvements made on this property over the years.
VARIANCE REQUEST DETAILS:
ZV 2019-11) Allow no landscape buffer along northern property line instead of required landscape buffer abutting all adjacent properties.
Code Reference: §153.14 LANDSCAPING ADJACENT TO ABUTTING PROPERTIES - ALL PROPERTIES.
(A) On the site of a building, structure, or open-lot use providing an off-street parking area or other vehicular use area, where the area will not be entirely screened visually by an intervening building or structure from abutting property, screening shall be required as provided within this section.
(B) The buffer screening shall comply with the yard requirements as provided in Chapter 155 for all applicable districts and land use separation requirements if applicable in § 155.056.
(C) Walls, hedges, or other durable landscape barriers at least three feet in height, with appropriate spacing as provided in the SFWMD Guide, shall be accepted as screening material if that material can provide the required full screening from the abutting property.
(D) In addition, trees and landscape beds shall be located between the common lot line and the off-street parking area or other vehicular use area. The required number of trees shall be calculated as one tree provided for every 50 lineal feet or fractional part thereof. Each tree shall be planted in at least a 100 square feet planting area consisting of grass, groundcover, or other landscape material with a minimal dimension of at least ten feet. Non-living durable landscape material shall not be acceptable material for these landscape beds. (Ord. 1808, passed 2-4-15)
VARIANCE DETERMINATION
The Planning and Zoning Board shall not grant any non-single-family variances, permits, or make any decision, finding, and determination unless it first determines that:
1. Its decision and action taken is in harmony with the general purposes of the zoning ordinances of the city and is not contrary to the public interest, health, or welfare, taking into account the character and use of adjoining buildings and those in the vicinity, the number of persons residing or working in the buildings, and traffic conditions in the vicinity.
2. In the granting of variances, the Planning and Zoning Board shall determine that the variance granted is the minimum variance that will accomplish the intended purpose (stated above) and:
A) That there are special circumstances or conditions applying to the land or building for which the variance is sought, which circumstances are peculiar to the land or building and do not apply generally to land or buildings in the neighborhood, and that the strict application of the provisions of the zoning ordinances would result in an unnecessary hardship and deprive the applicant of the reasonable use of the land or building; or
B) That any alleged hardship is not self-created by any person having an interest in the property nor is the result of a mere disregard for or in ignorance of the provisions of the zoning ordinances of the city; or
C) That granting the variance is not incompatible with public policy, will not adversely affect any adjacent property owners, and that the circumstances which cause the special conditions are peculiar to the subject property.