Planning and Zoning Board recommends approval of ADU at 840 Dyson Drive

The Planning and Zoning Board (Local Planning Agency) voted to recommend approval of a conditional use permit for an accessory dwelling unit (ADU) at 840 Dyson Drive during its July 2, 2026 meeting.

City staff said the property sits on about 2.48 acres in Winter Springs Unit 3 and includes an existing 5,756-square-foot single-family residence. The proposal is for a detached, one-story accessory structure with approximately 3,336 gross square feet of space, of which 738 square feet would be the ADU with one bedroom, one bathroom and a full kitchen. Staff told the board that public notice letters were sent on June 18, 2026.

“The ADU shall not be sold or conveyed separate from the principal residence,” a city staff member said while outlining the recommended conditions. Staff explained that the ADU must remain owner-occupied together with the principal residence, be limited to the approved 738 square feet, and if leased must have a minimum lease term of six months.

Applicant Dan Smolik, the property owner, told the board the unit is intended to house his widowed mother-in-law, saying, “The ADU is intended for use of my widowed mother-in-law who recently moved down from another state to be with us.”

A nearby resident, Michael Panella of 1035 Northern Way, spoke in support of the project and asked the applicant to consider additional trees or landscaping to restore privacy where some trees had been removed. “I don't oppose it…I think this might increase all of our property values,” Panella said, while requesting neighbors work together on privacy screening.

Board members asked technical questions about how ADU area is measured under Chapter 6 of the city code, and city staff clarified that ADU square footage is limited to habitable living area used for sleeping, cooking and living (excluding garage bays, lanais and pool half-baths). Staff and another staff member noted that converting an attached garage into living area would generally count toward ADU square footage and would require approval as an expansion of the conditional use; if the space remains disconnected it would likely be treated as an accessory structure.

Members also reviewed site plans and setbacks. Staff confirmed the proposed ADU meets the development’s rear setback (PUD documents indicate a 50-foot rear setback) and said engineering will review utilities and any septic or other utility changes as part of permit checks.

A board member moved to approve the request conditioned on the execution of the declaration of restrictive covenants and that the project meet city requirements; another board member seconded the motion. The board voted to pass the recommendation; the transcript records the motion as passing but does not include an individual roll-call tally.

Next steps: The board’s recommendation will be included in the official record forwarded to the appropriate city decision-makers as required by the local review process; the transcript did not specify a final hearing date or vote tally for the decision body.