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Board considers accessory-structure variances as county applies 50% rule to garages and ADUs
Summary
Development Services staff and applicants discussed multiple variances for accessory structures as Seminole County enforces a newer rule limiting accessory building size to a percentage of the principal residence; the board approved two accessory-structure variances and discussed related ADU rules.
Seminole County staff briefed the Board of Adjustment on a series of accessory-structure variance requests that illustrate a newer county standard limiting detached accessory buildings relative to the main residence.
Cathy Hamill of Development Services told the board the county’s updated land-development rules set a size limit for accessory structures — generally a maximum of 50 percent of the heated living area of the principal residence — to keep the primary single-family home as the dominant structure on a parcel. Hamill said the regulation was developed after staff noted an increase in very large accessory buildings.
Two recent variance requests were before the board: one at 1250 North Brassy Drive seeking an accessory-structure size variance to allow a 720-square-foot detached garage where the code-limited size would be 322 square feet; and another asking for a roof-height variance to allow a detached garage up to 29 feet high where the principal building is 12 feet.
The applicant for the size variance told the board the property is unique — it borders commercial/industrial to the front and a platted subdivision to the east — and that the proposed 24-by-30 garage was needed because the existing home is small and tenants had complained about storage limitations. The board approved the size variance by motion. The applicant was reminded that standard permitting, drainage and setback reviews remain required.
On a separate request for a two-story detached garage with living area above, staff reminded the applicant that an accessory dwelling unit (ADU) carries additional requirements — including a cap that an ADU typically not exceed 35 percent of the primary dwelling’s living area and other development constraints. Staff advised the applicant to consult Development Services to ensure compliance if the structure will be used as an ADU.
Board members approved the roof-height variance for the detached garage after hearing from the applicant that dense tree cover and lot configuration make the structure difficult to see from the street and that adjacent neighbors had no objections.
