09-08-2021Planning and Zoning Board
City of Edgewater
Meeting Agenda
104 N. Riverside Drive
Edgewater, FL 32132
Council Chambers6:30 PMWednesday, September 8, 2021
We respectfully request that all electronic devices are set for no audible notification.
1. CALL TO ORDER, ROLL CALL
2. APPROVAL OF MINUTES
Regular Meeting August 11, 2021a.
08-11-21 MinutesAttachments:
3. OLD BUSINESS-PUBLIC HEARING
4. NEW BUSINESS - PUBLIC HEARING
AN-2111 - Paige DeGrammont, requesting annexation of .24± acres of land located at
3051 Rock Oak Trail
a.
SP_8449-01-00-0140
Aerial_8449-01-00-0140
Attachments:
CPA-2111 - Paige DeGrammont, requesting an amendment to the Comprehensive
Plan Future Land Use Map to include property located at 3051 Rock Oak Trail as Low
Density Residential
b.
SP_8449-01-00-0140
Aerial_8449-01-00-0140
FLU_8449-01-00-0140
Attachments:
RZ-2111 - Paige DeGrammont, requesting an amendment to the Official Zoning Map to
include .24± acres of land located at 3051 Rock Oak Trail as R-3 (Single Family
Residential)
c.
SP_8449-01-00-0140
Aerial_8449-01-00-0140
Zoning_8449-01-00-0140
Attachments:
Page 1 City of Edgewater Printed on 9/1/2021
September 8, 2021Planning and Zoning Board Meeting Agenda
CPA-2112 - An amendment to Comprehensive Plan to adopt a required Property
Rights Element
d.
Chpt 11 Property Rights ElementAttachments:
VA-2121 - John Dilley, requesting a variance from the Land Development Code for
property located at 1721 Travelers Palm Drive.
e.
SP_8402-01-02-0060
Aerial_8402-01-02-0060
Survey
aerial 2
Attachments:
VA-2123 - James Carter, requesting a variance from the Land Development Code for
property located at 2751 Evergreen Drive.
f.
SP_8402-01-06-2520
Aerial_8402-01-06-2520
Conceptual plan
street view
aerial 2
Attachments:
5. DISCUSSION ITEMS
a. Development Services Director's Report
6. ADJOURN
Pursuant to Chapter 286, F.S., if an individual decides to appeal any decision made with respect to any
matter considered at a meeting or hearing, that individual will need a record of the proceedings and
will need to ensure that a verbatim record of the proceedings is made. The City does not prepare or
provide such record.
In accordance with the Americans with Disabilities Act, persons needing assistance to participate in any
of these proceedings should contact City Clerk Bonnie Brown, CMC, 104 N. Riverside Drive,
Edgewater, Florida, telephone number 386-424-2400 x 1101, 5 days prior to the meeting date. If you
are hearing or voice impaired, contact the relay operator at 1-800-955-8771
One or more members of City Council or other advisory boards may be present.
Page 2 City of Edgewater Printed on 9/1/2021
City of Edgewater
Legislation Text
104 N. Riverside Drive
Edgewater, FL 32132
File #:AR-2021-5649,Version:1
City of Edgewater Printed on 9/1/2021Page 1 of 1
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104 N. Riverside Drive
Edgewater, FL 32132City of Edgewater
Meeting Minutes
Planning and Zoning Board
6:30 PM Council ChambersWednesday, August 11, 2021
1. CALL TO ORDER, ROLL CALL
Albert Amalfitano, Robert Andrejkovics, Thomas Duane, George Kennedy, Eric Rainbird
and Bonnie Brown
Present 6 -
Burton Maroney and Paul WrightExcused2 -
Darren Lear and Sue WilliamsAlso Present 2 -
2. APPROVAL OF MINUTES
A motion was made by Mr. Andrejkovics, second by Mr. Rainbird, to approve the Minutes
of the July 21, 2021. The motion was APPROVED.
Albert Amalfitano, Robert Andrejkovics, Thomas Duane, George Kennedy and Eric
Rainbird
Present 5 -
Burton Maroney and Paul WrightExcused2 -
Darren Lear and Sue WilliamsAlso Present 2 -
a.Regular Meeting - July 21, 2021
3. OLD BUSINESS-PUBLIC HEARING
4. NEW BUSINESS - PUBLIC HEARING
a.AN-2105 - Ernest V. and Gail LaCour, requesting annexation of three parcels
totaling .95± acres of land located at 146, 148 and 153 South Cory Drive
Mt. Lear provided a staff report and recommendation.
Chairman Kennedy opened and closed the public hearing.
A motion was made by Mr. Andrejkovics, second by Mr. Rainbird, to send a favorable
recommendation to City Council for AN-2105. The MOTION was APPROVED.
Yes:Albert Amalfitano, Robert Andrejkovics, Thomas Duane, George Kennedy and Eric
Rainbird
5 -
Excused:Burton Maroney and Paul Wright2 -
Page 1City of Edgewater Printed on 8/31/2021
August 11, 2021Planning and Zoning Board Meeting Minutes
b.CPA-2105 - Ernest V. and Gail LaCour, requesting an amendment to the Future
Land Use Map of three parcels totaling .95± acres of land located at 146, 148 and
153 South Cory Drive as Low Density Residential.
Mr. Lear provided a staff report and recommendation.
Chairman Kennedy opened and closed the public hearing.
A motion was made by Mr. Almalfitano, second by Mr. Thomas, to send a favorable
recommendation to City Council for CPA-2105. The MOTION was APPROVED.
Yes:Albert Amalfitano, Robert Andrejkovics, Thomas Duane, George Kennedy and Eric
Rainbird
5 -
Excused:Burton Maroney and Paul Wright2 -
c.RZ-2106 - Ernest V. and Gail LaCour, requesting an amendment to the Official
Zoning Map for three parcels totaling .95± acres of land located at 146, 148 and 153
South Cory Drive as R-3 (Single Family Residential).
Mr. Lear provided a staff report and recommendation.
Chairman Kennedy opened and closed the public hearing.
A motion was made by Mr. Andrejkovics, second by Mr. Rainbird, to send a favorable
recommendation to City Council for RZ-2106. The MOTION was APPROVED.
Yes:Albert Amalfitano, Robert Andrejkovics, Thomas Duane, George Kennedy and Eric
Rainbird
5 -
Excused:Burton Maroney and Paul Wright2 -
d.AN-2106 - Ernest V. and Gail LaCour, requesting annexation of .25± acres of land
located at 144 Flamingo Road
Mr. Lear provided a staff report and recommendation.
Mr. Kennedy opened and closed the public hearing.
A motion was made by Mr. Amalfitano, second by Mr. Rainbird, to send a favorable
recommendation to City Council for AN-2106. The MOTION was APPROVED.
Yes:Albert Amalfitano, Robert Andrejkovics, Thomas Duane, George Kennedy and Eric
Rainbird
5 -
Excused:Burton Maroney and Paul Wright2 -
Page 2City of Edgewater Printed on 8/31/2021
August 11, 2021Planning and Zoning Board Meeting Minutes
e.CPA-2106 - Ernest V. and Gail LaCour, requesting an amendment to the Future
Land Use Map for .25± acres of land located at 144 Flamingo Road as Medium
Density Residential.
Mr. Lear provided a staff report and recommendation.
Chairman Kennedy opened and closed the public hearing.
A motion was made by Mr. Andrejkovics, second by Mr. Rainbird, to send a favorable
recommendation to City Council for CPA-2106. The MOTION was APPROVED.
Yes:Albert Amalfitano, Robert Andrejkovics, Thomas Duane, George Kennedy and Eric
Rainbird
5 -
Excused:Burton Maroney and Paul Wright2 -
f.RZ-2107 - Ernest V. and Gail LaCour, requesting an amendment to the Official
Zoning Map for .25± acres of land located at 144 Flamingo Road R-3 (Single Family
Residential).
Mr. Lear provided a staff report and recommendation.
Chairman Kennedy opened and closed the public hearing.
A motion was made by Mr. Amalfitano, second by Mr. Rainbird, to send a favorable
recommendation to City Council for RZ-2107. The MOTION was APPROVED.
Yes:Albert Amalfitano, Robert Andrejkovics, Thomas Duane, George Kennedy and Eric
Rainbird
5 -
Excused:Burton Maroney and Paul Wright2 -
Page 3City of Edgewater Printed on 8/31/2021
August 11, 2021Planning and Zoning Board Meeting Minutes
g.FP-2101 - Old Mission Key, LLC, requesting final plat approval for Oak Leaf
Preserve, Phase 2.
Mr. Lear provided a staff report and recommendation.
Chairman Kennedy opened the public hearing.
Tracy Rothstein, 1565 Ocuan Trail, asked if she was being annexed into the City of
Edgewater. Mr. Lear stated she is not being annexed into the City of Edgewater.
Discussion ensued with the Board Members regarding the Interlocal Service Area.
Chairman Kennedy stated is is due to the post office and their policies. Ms. Rothstein pays
county taxes and her water is Edgewater. Mr. Lear stated this is due to an agreement with
the New Smyrna Beach Utilities Commission.
Chairman Kennedy closed the public hearing.
A motion was made by Mr. Amalfitano, second by Mr. Rainbird, to send a favorable
recommendation to City Council for FP-2101. The MOTION was APPROVED.
Yes:Albert Amalfitano, Robert Andrejkovics, Thomas Duane, George Kennedy and Eric
Rainbird
5 -
Excused:Burton Maroney and Paul Wright2 -
i.VA-2118 - Carol Brant requesting a variance from the Coral Trace RPUD
(Residential Planned Unit Development Agreement) for property located at 670 Coral
Trace Boulevard.
Mr. Lear provided a staff report and recommendation.
Chairman Kennedy opened and closed the public hearing.
A motion was made by Mr. Andrejkovics, second by Mr. Amalfitano to approve VA-2118.
The MOTION was APPROVED.
Yes:Albert Amalfitano, Robert Andrejkovics, Thomas Duane, George Kennedy and Eric
Rainbird
5 -
Excused:Burton Maroney and Paul Wright2 -
Page 4City of Edgewater Printed on 8/31/2021
August 11, 2021Planning and Zoning Board Meeting Minutes
h.VA-2119 - Evangeline Ella requesting a variance from the Fisherman ’s Cove PUD
(Planned Unit Development) Agreement for property located at 133 Fisherman’s
Cove Drive
Mr. Lear provided a staff report and recommendation.
Chairman Kennedy opened and closed the public hearing.
A motion was made by Mr. Amalfitano, second by Mr. Rainbird, to approve VA-2119. The
MOTION was APPROVED.
Yes:Albert Amalfitano, Robert Andrejkovics, Thomas Duane, George Kennedy and Eric
Rainbird
5 -
Excused:Burton Maroney and Paul Wright2 -
j.Planning and Zoning Board discussion on attendance and By-laws
Chairmen Kennedy opened the discussion regarding the Planning and Zoning Board By
Laws to the Board. Mr. Kennedy asked Mr. Amalfitano if he was still committed to this
Board. Mr. Amalfitano stated yes, and did not realize he had missed several meetings.
Discussion ensued with all of the Board Members regarding the attendance By Laws, and
the importance of attending. Chairman Kennedy recommended an email invite be sent out
to the Board every month prior to the meeting. This recommendation was accepted with
consent by all Board Members present.
5. DISCUSSION ITEMS
a. Development Services Director's Report
Development Services Director's Report.
Mr. Lear introduced Larry Wheatcraft, the new Senior Planner for the City of
Edgewater.
6. ADJOURN
Meeting was adjourned at 6:57PM.
Page 5City of Edgewater Printed on 8/31/2021
August 11, 2021Planning and Zoning Board Meeting Minutes
Pursuant to Chapter 286, F.S., if an individual decides to appeal any decision made with respect to any
matter considered at a meeting or hearing, that individual will need a record of the proceedings and
will need to ensure that a verbatim record of the proceedings is made. The City does not prepare or
provide such record.
In accordance with the Americans with Disabilities Act, persons needing assistance to participate in any
of these proceedings should contact City Clerk Bonnie Brown, CMC, 104 N. Riverside Drive,
Edgewater, Florida, telephone number 386-424-2400 x 1101, 5 days prior to the meeting date. If you
are hearing or voice impaired, contact the relay operator at 1-800-955-8771
One or more members of City Council or other advisory boards may be present.
Page 6City of Edgewater Printed on 8/31/2021
City of Edgewater
Legislation Text
104 N. Riverside Drive
Edgewater, FL 32132
File #:AN-2111,Version:1
ITEM DESCRIPTION:
AN-2111 - Paige DeGrammont, requesting annexation of .24± acres of land located at 3051 Rock Oak Trail
REQUESTED ACTION:Annexation
LOCATION:3051 Rock Oak Trail
AREA:.24± acres
PROPOSED USE: Single Family Residential
CURRENT LAND USE: Single Family Residential
FLUM DESIGNATION: Volusia County Urban Low Intensity
ZONING DISTRICT:Volusia County R-3W (Single Family Residential)
VOTING DISTRICT: 4
SURROUNDING AREA:
Current Land Use FLUM Designation Zoning District
North Cul-de-sac Volusia County Urban Low
Intensity
Volusia County R-3W (Single
Family Residential)
East Single Family Residence Volusia County Urban Low
Intensity
Volusia County R-3W (Single
Family Residential)
South Single Family Residence Volusia County Urban Low
Intensity
Volusia County R-3W (Single
Family Residential)
West Single Family Residence Volusia County Urban Low
Intensity
Volusia County R-3W (Single
Family Residential)
Background:This parcel is within the Redfish Cove Subdivision and contains a 2,316 square foot home constructed in 2014.The
Future Land Use and Zoning maps will be amended simultaneously with the annexation.The property is located within the Interlocal
Service Boundary Area mutually adopted by City and Volusia County.The parcel should generate approximately $954.70 in tax
revenue for the City.
Land Use Compatibility:The current single family residence is compatible with the surrounding residences within the Redfish Cove
subdivision.
Adequate Public Facilities: The site has access via Rock Oak Trail. City water and sewer is available to the property.
Comprehensive Plan Consistency:The proposed annexation is compatible with Policy 1.8.2 of the Future Land Use Element,which
states “In order to reduce land use conflicts and for efficient public service provision,the City shall investigate and,where feasible,
City of Edgewater Printed on 9/1/2021Page 1 of 2
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File #:AN-2111,Version:1
annex all enclaves as soon as possible.
RECOMMENDED ACTION
Motion to recommend approval of AN-2111
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City of Edgewater
Legislation Text
104 N. Riverside Drive
Edgewater, FL 32132
File #:CPA-2111,Version:1
ITEM DESCRIPTION:
CPA-2111 -Paige DeGrammont,requesting an amendment to the Comprehensive Plan Future Land Use Map to
include property located at 3051 Rock Oak Trail as Low Density Residential
OWNER:Paige DeGrammont
REQUESTED ACTION:Future Land Use Map Amendment
LOCATION:3051 Rock Oak Trail
AREA:.24± acres
PROPOSED USE: Single Family Residential
CURRENT LAND USE: Single Family Residential
FLUM DESIGNATION: Volusia County Urban Low Intensity
ZONING DISTRICT:Volusia County R-3W (Single Family Residential)
VOTING DISTRICT: 4
SURROUNDING AREA:
Current Land Use FLUM Designation Zoning District
North Cul-de-sac Volusia County Urban Low
Intensity
Volusia County R-3W (Single
Family Residential)
East Single Family Residence Volusia County Urban Low
Intensity
Volusia County R-3W (Single
Family Residential)
South Single Family Residence Volusia County Urban Low
Intensity
Volusia County R-3W (Single
Family Residential)
West Single Family Residence Volusia County Urban Low
Intensity
Volusia County R-3W (Single
Family Residential)
Background:This parcel is within the Redfish Cove Subdivision and contains a 2,316 square foot home constructed in 2014.The
Future Land Use and Zoning maps will be amended simultaneously with the annexation.The property is located within the Interlocal
Service Boundary Area mutually adopted by City and Volusia County.
Land Use Compatibility:
The current single family residence is compatible with the surrounding residences within the Redfish Cove subdivision.
Adequate Public Facilities: The site has access via Rock Oak Trail. City water and sewer is available to the property.
City of Edgewater Printed on 9/1/2021Page 1 of 2
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File #:CPA-2111,Version:1
Comprehensive Plan Consistency:The Future Land Use Designation of Low Density Residential is compatible with the
surrounding area and is consistent with the Comprehensive Plan.
Volusia County Urban Low Intensity allows up to four (4) dwelling units per acre.
Low Density Residential allows up to four (4) dwelling units per acre.
RECOMMENDED ACTION
Motion to recommend approval of CPA-2111
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Date: 7/2/202 1
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This map is for illustrative purposes only. The data represented is provided as a public service for general information
and should not be used for legal, engineering, or surveying purposes. The City of Edgewater makes no claims,
representations, or warranties, expressed or implied, concerning the validity (expressed or implied), the reliability,
or accuracy of the GIS data and GIS map products furnished by the City. The burden for determining accuracy,
completeness, timeliness, merchantability and fitness for or the appropriateness for use rests solely on the user
of the map.
The City of Edgewater disclaims any liability associated with the use or misuse of this map.
Subject Property
Parcel: 8449-01-00-0140
Proposed City Future Land Use:
Low Density Residential
..
Date: 7/2/2021 Date: 7/2/2021
Existing Proposed
This map is for illustrative purposes only. The data represented is provided as a public service for general information
and should not be used for legal, engineering, or surveying purposes. The City of Edgewater makes no claims,
representations, or warranties, expressed or implied, concerning the validity (expressed or implied), the reliability,
or accuracy of the GIS data and GIS map products furnished by the City. The burden for determining accuracy,
completeness, timeliness, merchantability and fitness for or the appropriateness for use rests solely on the user
of the map.
The City of Edgewater disclaims any liability associated with the use or misuse of this map.
Subject Property
Parcel: 8449-01-00-0140
Current County Future Land Use:
Urban Low Intensity
City of Edgewater
Future Land Use Map
Subject Property
Conservation Overlay
Agriculture
Recreation
Conservation
Public/Semi-Public
High Density Residential
Medium Density Residential
Low Density Residential
Low Density Transition
Mixed Use
Industrial
Commercial
Sustainable Community Development
City of Edgewater
Future Land Use Map
Subject Property
Conservation Overlay
Agriculture
Recreation
Conservation
Public/Semi-Public
High Density Residential
Medium Density Residential
Low Density Residential
Low Density Transition
Mixed Use
Industrial
Commercial
Sustainable Community Development
City of Edgewater
Legislation Text
104 N. Riverside Drive
Edgewater, FL 32132
File #:RZ-2111,Version:1
ITEM DESCRIPTION:
RZ-2111 -Paige DeGrammont,requesting an amendment to the Official Zoning Map to include .24±acres of
land located at 3051 Rock Oak Trail as R-3 (Single Family Residential)
OWNER:Paige DeGrammont
REQUESTED ACTION:Official Zoning Map Amendment
LOCATION:3051 Rock Oak Trail
AREA:.24± acres
PROPOSED USE: Single Family Residential
CURRENT LAND USE: Single Family Residential
FLUM DESIGNATION: Volusia County Urban Low Intensity
ZONING DISTRICT:Volusia County R-3W (Single Family Residential)
VOTING DISTRICT: 4
SURROUNDING AREA:
Current Land Use FLUM Designation Zoning District
North Cul-de-sac Volusia County Urban Low
Intensity
Volusia County R-3W (Single
Family Residential)
East Single Family Residence Volusia County Urban Low
Intensity
Volusia County R-3W (Single
Family Residential)
South Single Family Residence Volusia County Urban Low
Intensity
Volusia County R-3W (Single
Family Residential)
West Single Family Residence Volusia County Urban Low
Intensity
Volusia County R-3W (Single
Family Residential)
Background:This parcel is within the Redfish Cove Subdivision and contains a 2,316 square foot home constructed in 2014.The
annexation and Future Land Use will be amended simultaneously.The property is located within the Interlocal Service Boundary
Area mutually adopted by City and Volusia County.
Land Use Compatibility:The current single family residence is compatible with the surrounding residences within the Redfish Cove
subdivision.
Adequate Public Facilities: The site has access via Rock Oak Trail. City water and sewer is available to the property.
Comprehensive Plan Consistency:Per Table III-1 (Land Use and Zoning Compatibility)of the Land Development Code R-3
City of Edgewater Printed on 9/1/2021Page 1 of 2
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File #:RZ-2111,Version:1
Comprehensive Plan Consistency:Per Table III-1 (Land Use and Zoning Compatibility)of the Land Development Code R-3
(Single Family Residential) is compatible with the Future Land Use designation of Low Density Residential.
RECOMMENDED ACTION
Motion to recommend approval of RZ-2111
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B-3 - Highway
Commercial County -
Retains
County Zoning
R-1 - SF
Residential
R-3 - SF
Residential
B-3 - Highway
Commercial
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B-3 - Highway
Commercial County -
Retains
County Zoning
R-1 - SF
Residential
R-3 - SF
Residential
B-3 - Highway
Commercial
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County: R-3W
Subject Property
Parcel: 8449-01-00-0140
Proposed City Zoning:
R-3 - Single Family Residential
This map is for illustrative purposes only. The data represented is provided as a public service for general information
and should not be used for legal, engineering, or surveying purposes. The City of Edgewater makes no claims,
representations, or warranties, expressed or implied, concerning the validity (expressed or implied), the reliability,
or accuracy of the GIS data and GIS map products furnished by the City. The burden for determining accuracy,
completeness, timeliness, merchantability and fitness for or the appropriateness for use rests solely on the user
of the map.
The City of Edgewater disclaims any liability associated with the use or misuse of this map.
.
Date: 7/2/2021
Existing Proposed
Subject Property
Parcel: 8449-01-00-0140
Current County Zoning:
R-3W - Urban Single-Family Residential
ZONING
AG - Agriculture
RT - Rural Transitional
R-1 - SF Residential
R-2 - SF Residential
R-3 - SF Residential
R-4 - MF Residential
R-5 - MF Residential
RPUD - Residential Planned Unit Development
RP - Residential Professional Office
MH-1 - Mobile Home Park
MH-2 - Manufactured Home Subdivision
B-2 - Neighborhood Business
B-3 - Highway Commercial
B-4 - Tourist Commercial
BPUD - Business Planned Unit Development
I-1 - Light Industrial
I-2 - Heavy Industrial
IPUD - Industrial Planned Unit Development
R - Recreation
P/SP - Public/Semi-Public
EC/CC - Employment Center/Community Center
CN - Conservation
MUPUD - Mixed Use Planned Unit Development
City of Edgewater
Legislation Text
104 N. Riverside Drive
Edgewater, FL 32132
File #:CPA-2112,Version:1
ITEM DESCRIPTION:
CPA-2112 - An amendment to Comprehensive Plan to adopt a required Property Rights Element
REQUESTED ACTION:Comprehensive Plan amendment to adopt a required Property Rights Element
Background
House Bill 59,which came into effect as of July 1st,2021,requires local governments to add a property rights element to their
comprehensive plan to protect judicially acknowledged and constitutionally protected private property rights.
Section 163.3177(6)(i),Florida Statutes (2021),requires all local governments to adopt a property rights element into their respective
comprehensive plans to ensure that private property rights are considered in local decision making.A local government may adopt its
own property rights element or adopt the “statement of rights”provided by the Department of Economic Opportunity to address this
requirement.City staff has determined that the “statement of rights”as the City’s optimal option for adoption.Therefore,upon
adoption, this item shall become Chapter XI, Property Rights Element of the City of Edgewater Comprehensive Plan.
Comprehensive Plan Consistency:The proposed amendment is consistent with the City of Edgewater Comprehensive Plan and its
goals, policies and objectives.
RECOMMENDED ACTION
Motion to recommend approval of CPA-2112
City of Edgewater Printed on 9/1/2021Page 1 of 1
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CITY OF EDGEWATER
COMPREHENSIVE PLAN
PROPERTY RIGHTS ELEMENT
CHAPTER XI
CITY OF EDGEWATER CHAPTER XI
COMPREHENSIVE PLAN PROPERTY RIGHTS ELEMENT
XI-1
CHAPTER XI - PROPERTY RIGHTS ELEMENT
STATEMENT OF RIGHTS
The following rights shall be considered in local decision making:
1. The right of a property owner to physically possess and control his or her interests in the
property, including easements, leases, or mineral rights.
2. The right of a property owner to use, maintain, develop, and improve his or her property for
personal use or for the use of any person, subject to state law and local ordinances.
3. The right of the property owner to privacy and to exclude others from the property to protect the
owner’s possessions and property.
4. The right of a property owner to dispose of his or her property through sale or gift.
EFFECT OF ELEMENT
This Element and the Statement of Rights contained herein are not intended to require evidence,
discussion, or findings of fact concerning the matters set forth herein. This Element and the
Statement of Rights do not create any property rights or due process rights that are not already
judicially acknowledged and constitutionally protected. This Element and the Statement of Rights
are not intended to alter the legislative nature of decisions made in the adoption of comprehensive
plan amendments and land development code amendments. Ordinances adopted and land use and
zoning decisions made by the City are presumed to have considered the matters set forth in this
Element.
City of Edgewater
Legislation Text
104 N. Riverside Drive
Edgewater, FL 32132
File #:VA-2121,Version:1
ITEM DESCRIPTION:
VA-2121 -John Dilley,requesting a variance from the Land Development Code for property located at 1721
Travelers Palm Drive.
OWNER:John Dilley
REQUESTED ACTION:Variance to allow a swimming pool to be located 7-feet from the rear property line
in lieu of the required in lieu of in lieu of the required 10-feet as required by Section 21-36.09 (d).
LOCATION:1721 Travelers Palm Drive
AREA:.23± acres
PROPOSED USE: Swimming Pool Enclosure
CURRENT LAND USE: Single Family Residence
FLUM DESIGNATION: Low Density Residential
ZONING DISTRICT:R-2 (Single Family Residential)
VOTING DISTRICT: 2
SURROUNDING AREA:
Current Land Use FLUM Designation Zoning District
North Single Family Residence Low Density Residential R-2 (Single Family Residential)
East Single Family Residence Low Density Residential R-2 (Single Family Residential)
South Single Family Residence Low Density Residential R-2 (Single Family Residential)
West Single Family Residence Low Density Residential R-2 (Single Family Residential)
Background:A 1,380 square-foot residence was constructed in 1976 on this property.The owner has recently had a swimming pool
constructed in the rear yard.Due to the positioning of the house on the lot,the applicant is requesting to construct a screen enclosure
for the pool 7-feet from the rear property line.
Section 21-36.09(d) of the Land Development Code requires a 10-foot setback from the rear and side property lines.
Land Use Compatibility: A swimming pool screen enclosure is compatible with residential development.
Adequate Public Facilities:NA
Comprehensive Plan Consistency:NA
RECOMMENDED ACTION
City of Edgewater Printed on 9/1/2021Page 1 of 2
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File #:VA-2121,Version:1
Motion to approve VA-2121
City of Edgewater Printed on 9/1/2021Page 2 of 2
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Date: 6/30/20 21
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Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID,IGN, and the GIS U ser Community
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Date: 6/30/20 21
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City of Edgewater
Legislation Text
104 N. Riverside Drive
Edgewater, FL 32132
File #:VA-2123,Version:1
ITEM DESCRIPTION:
VA-2123 -James Carter,requesting a variance from the Land Development Code for property located at 2751
Evergreen Drive.
OWNER:James Carter
REQUESTED ACTION:Variance request for pavers to be placed 0.5-feet from the property line in lieu of the
required 5-feet, per Section 21-52.02(e).
LOCATION:2751 Evergreen Drive
AREA:80’ x 125’
PROPOSED USE: Pavers
CURRENT LAND USE: Single Family Residence
FLUM DESIGNATION: Low Density Residential
ZONING DISTRICT: R-2 (Single Family Residential)
VOTING DISTRICT: 3
SURROUNDING AREA:
Current Land Use FLUM Designation Zoning District
North Single Family Residence Low Density Residential R-2 (Single Family Residential)
East Single Family Residence Low Density Residential R-2 (Single Family Residential)
South Single Family Residence Low Density Residential R-2 (Single Family Residential)
West Single Family Residence Low Density Residential R-2 (Single Family Residential)
Background:The subject property is located in Florida Shores and contains a 1,356 square foot single family residence constructed
in 2005. The applicant is proposing to place pavers just inside his fence line along his southern property line.
The Environmental Services Department provided the following comment,“I have reviewed the variance application requesting to
place pavers up to the fence line on the side of the home.This will prevent the stormwater from being able to be routed toward the
front of the property and could allow runoff to the neighboring properties.It is my recommendation that this only be allowed if the
owner leaves at least a five foot grassy/stone area and is able to direct all runoff toward the front of the property.”
Land Use Compatibility: N/A
Adequate Public Facilities: The subject property has vehicular access on Evergreen Drive; City water and wastewater is available.
Comprehensive Plan Consistency:Policy 1.4.3 (Reducing Limitations on Infill and Redevelopment)of the Future Land Use
City of Edgewater Printed on 9/1/2021Page 1 of 2
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File #:VA-2123,Version:1
Comprehensive Plan Consistency:Policy 1.4.3 (Reducing Limitations on Infill and Redevelopment)of the Future Land Use
Element states:“If necessary,the City may reduce limitations on infill and redevelopment activities consistent with the land uses and
densities indicated in this Plan in situations that will not jeopardize public health, safety or welfare”.
The proposed infill development is consistent with the land uses and densities of the subject property’s Future Land Use designation.
RECOMMENDED ACTION
Motion to approve VA-2123;based on the Environmental Services Department’s condition that the owner leaves at least a five foot
grassy/stone area along the southern property line and is able to direct all runoff toward the front of the property.
City of Edgewater Printed on 9/1/2021Page 2 of 2
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Date: 8/26/20 21
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Date: 8/26/20 21
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