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Special Exception for 207 Sunnydale Drive
Attachment NameAttachment SizeAttachment Date
Size: 107K
Last Updated: 2014/11/12
Size: 89K
Last Updated: 2016/4/12
Size: 616K
Last Updated: 2016/4/4
City of DeBary SealCity Council Meeting
City of DeBary

Subject: Special Exception for 207 Sunnydale Dr.
From: Matt Boerger
Meeting/Hearing Date:  May 4, 2016

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

The property owner, David Gray and authorized applicant, Regent Services Inc. are requesting a special exception for a property zoned RR (Rural Residential Classification) to permit a garage apartment/in-law residence for property located on the south side of Sunnydale Drive west of Charles Richard Beall Boulevard and south of West Highbanks Road with a parcel ID # of 32-18-30-01-00-2250. The subject property is approximately 1 acre.

Pursuant to Section 1-9, 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 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 construct a new mother-in-law suite comprising roughly 844 square feet for use by relatives of the occupants of the primary residential structure. Please see the attached site plan, Exhibit B.


Zoning Designation
FLU Designation
RR- Rural residential
A/R Agricultural | Rural
Single Family Residential
RR- Rural residential
A/R Agricultural | Rural
Single Family Residential
RR- Rural residential
A/R Agricultural | Rural
Single Family Residential
RR- Rural residential
A/R Agricultural | Rural
Single Family Residential

The future land use of the subject property is A/R (Agricultural Rural), which permits low density residential development with a maximum of 1 dwelling unit/ 5 acre. The zoning designation is RR (Rural Residential), which permits garage apartments as a special exception use. Garage apartments are defined by the Land Development Code (Sec. 1-3) as an accessory building containing a storage area and one single-family dwelling occupying no more than 900 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 844.8 square feet.

Section 3-138(3) Accessory Structures, LDC requires that garage apartments meet all setback requirements for the principal building on the lot. RR zoning requires 40 foot front yard, 40-foot rear yard setbacks and 15 foot side yard setbacks. The applicant is proposing to exceed all setback requirements.

Maximum number of accessory structures are limited to three on RR zoned properties pursuant to (Sec 3- 138(5)). The proposed garage apartment would be one of only one other accessory structure existing on the site according to the submitted survey; Exhibit B. Development is limited by the lot coverage maximum permitted by the property’s zoning designation of RR, which is 30%. Lot coverage is defined as the total lot area covered by principal and accessory buildings. The total lot size is 43,560 square feet which permits 13,068 square feet of lot coverage (30%). With the construction of the garage apartment, the lot will have approximately 4,137 square feet of lot coverage; therefore, the addition of the proposed garage apartment will not cause the property to exceed the lot coverage limitation; see Exhibit C, Lot Coverage

If the Council votes to recommend approval of the special exception request, the Commission 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 Section 1-9(3), LDC 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.

Recommend Approval of Case # 16-01-SE-207SUNNY allowing for a mother-in-law suite on the subject property.

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