1865 Live Oak Lane ZVAR17-0007 Presentation UpdateRequest for a variance as permitted by Section 24-64, to decrease the side yard setback from 10 feet as required by Section III of the Selva Marina Unit 12-C PUD to 5 feet and decrease
the rear yard setback from 20 feet as required by Section III of the Selva Marina Unit 12-C PUD to 7 feet, 10 inches to allow a screen enclosure at Selva Marina Unit 12-C Lot 4 (aka
1865 Live Oak Lane).
ZVAR17-0007
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Site Context and Detail
Planed Unit Development (PUD) Zoning.
Selva Marina 12-C
Residential Low (RL) Future Land Use.
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Proposed Plan
Construct a screen enclosure over a previously permitted pool and outdoor kitchen that will be 7 feet 10 inches from the rear property line and 5 feet from the side property line.
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Need for a Variance
Section III(D) states, “No dwelling, fence, wall, detached outbuilding, enclosed swimming pool or similar structure shall be located, placed, altered or permitted on any lot in said
subdivision outside of the dwelling zone, except as hereinafter provided.”
“Dwelling zone” is the buildable area within the setbacks for the principle structure defined by setbacks.
Front and rear: 20 feet
Sides: 10 feet
Enclosed swimming pools (screen enclosures) do not have additional regulations permitting them outside of the dwelling zone.
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Analysis and Concerns
Selva Marina 12-C PUD
Approved in 1980.
Covenants and Restrictions used as the governing text for the PUD.
Covenants and Restrictions were not always recognized by the City as the governing texts of the PUDs and standard City zoning was applied.
Section 24-151(b)(1)(l) allows screen enclosures to be 5 feet from side and rear property lines.
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Analysis and Concerns (UPDATE)
Selva Marina 12-C PUD
Not approved through an ordinance.
Approved by Commission on March 24, 1980
Approval was for the plat and Covenants and Restrictions
The Marketable Record Title Act does not apply to zoning requirements, PUDs or other governmental regulations.
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Grounds for Decision
APPROVAL- existence of one or more of the following
DENIAL- adverse impact on one or more of the following
Exceptional topographic conditions of or near the property.
Surrounding conditions or circumstances impacting the property disparately from nearby properties.
Exceptional circumstances preventing the reasonable use of the property as compared to other properties in the area.
Onerous effect of regulations enacted after platting or after development of the property or after construction of improvement upon the property.
Irregular shape of the property warranting special consideration.
Substandard size of a lot of record warranting a variance in order to provide for the reasonable use of the property.
Light and air to adjacent properties.
Congestion of streets.
Public safety, including risk of fire, flood, crime or other threats to public safety.
Established property values.
The aesthetic environment of the community.
The natural environment of the community, including Environmentally Sensitive Areas, wildlife habitat, protected trees or other significant environmental resources.
The general health, welfare or beauty of the community.
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