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Special Exception Perezalonso
Attachment NameAttachment SizeAttachment Date
Size: 429K
Last Updated: 2015/5/21
Size: 107K
Last Updated: 2014/11/12
Size: 59K
Last Updated: 2015/5/21
City of DeBary SealCity Council Meeting
City of DeBary

Subject: Special Exception 15-04-SE-Perezalonso
From: Matt Boerger, Planning Administrator
Meeting/Hearing Date:  June 3, 2015

(   )  Ordinance
(   )  Resolution
(   )  Other
(X)  Supporting Documents/Contracts

The property owner and applicant, Enrique Perezalonso, is requesting a special exception for a property zoned R-4 (Urban Single Family Residential) to permit a garage apartment/in-law residence.  The subject property is approximately 1.05 acres and is located at 104 Rosemont Court, west of Donald E. Smith Boulevard and north of West Highbanks Road with a parcel ID # of 28-18-30-02-00-0030.

Pursuant to Section 1-9 of the Land Development Code (LDC), special exceptions are certain uses or development situations that may involve consideration of special circumstances or factors to determine that they are appropriate to the specific location and property. In considering a request for a special exception, the Planning and Zoning Commission and City Council shall evaluate the request against the criteria put forth in Section 1-9 (2) Criteria for Special Exceptions attached as Exhibit A.

The applicant is proposing to convert an existing, detached 575 square foot garage into living space for use by relatives of the occupants of the primary residential structure. Please see the attached site plan, Exhibit B.  

Surrounding Uses, Zoning and Future Land Use
Zoning Designation
FLU Designation
R-4 Urban Single Family Residential
(RLD) Residential Low Density
Single Family Residential
West Highbanks Road
West Highbanks Road
Arterial Road
Donald E Smith Blvd
Donald E Smith Blvd
Collector Road
R-4 Urban Single Family Residential
(RLD) Residential Low Density
Single Family Residential

The future land use of the subject property is RLD (Residential Low Density), which permits low density residential development with a maximum of 4 dwelling unit/acre. The zoning designation is R-4 (Urban Single Family Residential), which permits garage apartments as a special exception use. Garage apartments are defined by the LDC (Sec. 1-3) as an accessory building containing a storage area and one single-family dwelling occupying no more than 1,200 square feet of living area for residential use by family members of the occupants of the primary residential structure. The applicant is proposing a living area of 575 sq.ft.

LDC Section 138(3) Accessory Structures requires that garage apartments meet all setback requirements for the principal building on the lot. R-4 zoning requires 25 foot front yard, 20 foot rear yard setbacks and 20 ft. combined, minimum of eight feet on any one side, yard setbacks. The applicant is proposing to exceed all setback requirements.

The maximum number of accessory structures are limited to four on R-4 zoned properties pursuant to (Sec 3-138(5)). The proposed garage apartment is the only accessory structure existing on the site according to the submitted survey; Exhibit C. Development is limited by the lot coverage maximum permitted by the property’s zoning designation of R-4, which is 35%. Lot coverage is defined as the total lot area covered by principal and accessory buildings. The total lot size is 46,384 square feet which permits 16,234 sq. ft. of lot coverage (35%). With the construction of the garage apartment, the lot will have approximately 3,579 sq.ft. of lot coverage; therefore, the addition of the proposed garage apartment will not cause the property to exceed its lot coverage limitation.

Land Development Code
The requested special exception applicaion is consistent with Sec 1-9(2), Sec 138(3), Sec 138(5) and Sec 1-3 of the Land Development Code.

Findings of Fact:
The Planning and Zoning Commission reviewed the Special Exception on May 27, 2015 and voted to recommend approval to City Council. Staff finds that the proposed Special Exception is in compliance with the Comprehensive Plan and Land Development Code.

Recommended Motion  
If the City Council votes to approve the special exception request, the Council finds that the request meets the criteria put forth in Section 1-9(2) Criteria for Special Exceptions contained in the Land Development Code and that the request is in compliance with the City’s Comprehensive Plan.  Pursuant to LDC Section 1-9(3), the City Council may impose additional reasonable conditions for the establishment and operation of the use. If the request is denied, the reasons shall be provided as part of the action for denying the request.

Approval of Case # 15-04-SE-PEREZALONSO
Approval with Conditions of Case # 15-04-SE-PEREZALONSO
Denial of Case # 15-04-SE-PEREZALONSO

City Council Action:
(   )  Approved As Recommended
(   )  Approved With Modification
(   )  Disapproved
(   )  Continued Date:

(   )  Other


City of DeBary, FL
16 Colomba Rd, DeBary, FL 32713
Phone: (386) 668-2040  Fax: (386) 668-4122