Seminole Board of Adjustment Denies Variance to Correct Contractor Error, Citing Precedent Concerns

In a Seminole County Board of Adjustment meeting in May 2025, the board denied a variance request to rectify a contractor error, raising concerns about setting a precedent for similar future requests. The meeting also involved various discussions about property variances, including height and setback adjustments, with some applications being approved and others denied.

The most notable issue of the meeting revolved around a variance request that sought to address a contractor’s error. Board members expressed unease about approving the request, fearing it might encourage other property owners to seek similar variances to manage personal conflicts with neighbors or bypass zoning regulations. One member voiced concern that granting the variance could “subvert the justice system,” emphasizing the importance of adhering to established codes. The board ultimately voted 3-1 against the variance.

Following the decision, the board informed the homeowners of their right to appeal to the county commission, with staff offering guidance on the appeals process.

Another notable discussion involved variance requests for a property on Bird Avenue. The applicant sought a front yard setback variance and a height variance for driveway gates. The property, a corner lot with two front yards, necessitated specific adjustments for safety and privacy reasons. Timothy D. Hudson, Senior, the applicant, detailed his long-standing family history with the property, explaining that the variance would secure the yard for his elderly mother. Despite the unusual nature of the request, the board approved the variance unanimously, recognizing the unique circumstances presented by the corner lot and the applicant’s intent to enhance safety.

The board also deliberated on a variance request for a property on Francis Drive, concerning a fence height increase from 6.5 feet to 8 feet. The applicant, Victor Rivera, justified the request by citing privacy and safety concerns for his daughters. Despite a board member questioning the legitimacy of the hardship presented, noting it seemed more about neighborhood relations than necessity, the board moved to approve the variance after considering the lack of opposition and the context of similar existing fences in the neighborhood.

At another point in the meeting, the board addressed a variance request for a detached accessory structure on Lake Mills Road, where the applicant aimed to increase the size of the structure significantly. Matt Perkins, the applicant, provided background on his property renovations and the need to update an existing shed. The board unanimously approved the variance, recognizing the aesthetic and functional improvements proposed, as well as the absence of opposition.

Additionally, the board discussed two similar variance requests for properties on Hawkins Avenue, each seeking to reduce rear yard setbacks for constructing new homes. The properties, described as non-conforming due to lot size, required adjustments to accommodate the planned developments. Despite initial concerns from a resident, staff clarified that the requests would not affect neighboring properties, leading to unanimous approval for both variances.

In a related discussion, a variance request on Strickland Avenue involved multiple setbacks for a new home on a non-conforming lot. The area was identified as a target for revitalization, and the board approved the variance without opposition, acknowledging the potential benefits of the proposed development.

Note: This meeting summary was generated by AI, which can occasionally misspell names, misattribute actions, and state inaccuracies. This summary is intended to be a starting point and you should review the meeting record linked above before acting on anything you read. If we got something wrong, let us know. We’re working every day to improve our process in pursuit of universal local government transparency.
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