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Oviedo panel approves side-setback deviation for shed at 339 Carolyn Drive
Summary
Oviedo’s Local Planning Agency approved a 3-foot deviation to allow a 12-by-18-foot shed to be built 7 feet from the south property line at 339 Carolyn Drive, subject to a landscaping condition to screen the shed, after staff cited drainage constraints and grading limitations.
The Oviedo Local Planning Agency on Dec. 16 approved a development-order deviation to let property owners Gregory and Margaret Bardwell place a 12-by-18-foot shed 7 feet from their south property line at 339 Carolyn Drive.
Staff told the agency the request represents a 3-foot variance from a 10-foot minimum accessory-structure setback — a 30% deviation — and recommended approval with one condition: the Bardwells must plant a row of podocarpus hedge starting at the house facade and extending the length of the shed to screen it from the right-of-way.
The planner presenting the item said a substantial portion of the Bardwells’ rear yard is within a flood zone, the backyard grades down toward the lake and existing drainage pipes and slopes limit suitable locations for the structure. The planner added that accessory structures greater than 120 square feet must meet principal-structure setbacks; the proposed shed has a 216-square-foot footprint.
Gregory Bardwell told the panel the spot proposed for the shed is fairly level and that moving the structure farther into the backyard would place it on a steep grade where "even with pretty much a normal rain we have, like, a river that has flowed from between our two houses all the way down to the lake." He said French drains currently handle roof runoff and that the shed would not add new runoff.
A board member asked whether a homeowners association had been notified; the applicants said there is no HOA and that they had spoken with nearby neighbors, who did not object. Staff clarified that deviations for building permits go before the Local Planning Agency as a public meeting and do not require the same noticing as a public hearing.
The chair moved to approve the deviation request (Project Number 250233-D E V R) with the conditions recommended by staff; another member seconded. The agency approved the request by voice vote; no roll-call tally of individual votes was read on the record.
The agency’s action grants the deviation with the planting condition but does not address any future height deviations (the applicant did not request a height variance).
