2005-R-055/30/2023 8:47:06 AM Instrument #2023109832 #1 Book:8413 Page:494
RESOLUTION NO. 2005-R-05
(GRANTED/DENIED)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EDGEWATER, FLORIDA, GRANTING OR DENYING THE
APPEAL FOR VARIANCE REQUESTS SUBMITTED BY
JOSEPH WAGNER OWNER OF PROPERTY LOCATED AT
2530 TRAVELERS PALM DRIVE; REPEALING
RESOLUTIONS IN CONFLICT HEREWITH AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Edgewater, Florida, has made the following
determinations:
1. Joseph Wagner owner of property located at 2530 Travelers Palm Drive applied for
variances from the requirements of Section 21-50.02, Table V- I (minimum lot width square footage)
of the Land Development Code in an attempt to construct an additional residence on what would be
on a newly created non -conforming lot.
2. On November 17, 2004, the Planning and Zoning Board (Local Planning Agency)
held a public hearing on the application and denied the requested variances. Pursuant to Section 21-
100 of the Land Development Code, Mr. Wagner submitted an Appeal Application to appeal the
decision of the Planning and Zoning Board.
3. In a letter dated December 28, 2004, Mr. Wagner withdrew his Appeal and
resubmitted another Non -Administrative Variance Application with a revised plan requesting a
different variance from the site dimensions.
4. On February 9, 2005, the Planning and Zoning Board held a public hearing on the
application and denied the resubmitted variance request from the requirements of Section 21-50.02,
Table V-1 (minimum lot width requirement) of the Land Development Code in an attempt to
2005-R-05 1
Instrument #2023109832 #2 Book:8413 Page:495
M
construct an additional residence on what would be on a newly created non -conforming lot. Pursuant
to Section 21-100 of the Land Development Code, Mr. Wagner submitted an Appeal Application
to appeal the decision of the Planning and Zoning Board.
5. Pursuant to Section 21-100 of the Land Development Code, on February 18, 2005,
Joseph Wagner submitted an Appeal Application relating to the Planning and Zoning Board (Local
Planning Agency) decision during the February 9, 2005 meeting "asking compassion for our
situation".
6. On March 21, 2005, the City Council held a public hearing on the Appeal Application
after publishing notice of such hearing in the Observer on Thursday, March 10, 2005 and notifying
by mail all property owners who own real property directly affected by the proposed action and all
property owners who own real property within 300 feet of the subject property.
7. After consideration of the testimony presented during the public hearing, including
staff comments, the City Council finds that the requested Variances do0g;4 meet the variance
requirements set forth in Section 21-50.02 of the Land Development Code and hereby gran den
the Appeal.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edgewater,
Florida:
Section 1. The City Council hereby Uant denie the Appeal submitted by Joseph Wagner
relating to the Planning and Zoning Board's denial of variances) for property located at 2530 Mango
Tree Drive.
Section 2. Based on the foregoing, the February 9, 2005 decision of the Planning and Zoning
Board denying variances on the subject property for Article V (Site Design Criteria), Section 21-50
2005-R-05 2
Instrument #2023109832 #3 Book:8413 Page:496
(General Provisions), Subsection 21-50.02(Table V-1) (Minimum Site Dimensions) relating to
minimum lot width square footage and minimum lot width requirements of the Land Development
Code are hereby be approved enie
Section 3. All resolutions or parts of resolutions in conflict herewith be and the same are
hereby repealed.
Section 4. This resolution shall take effect upon adoption.
AfterMotionby Councilwoman Lichter andSecondby Councilman Vincenzi
the vote on this resolution was as follows:
AYE NAY
Mayor Donald A. Schmidt x
Councilman James P. Brown x
Councilman Dennis A. Vincezi x
Councilwoman Harriet E. Rhodes x
Councilwoman Judy Lichter x
2005-R-05 3
Instrument #2023109832 #4 Book:8413 Page:497
PASSED AND DULY ADOPTED this 21st day of March, 2005.
ATTEST:
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Paul E. Rosenthal, Esquire
City Attorney
Foley & Lardner, LLP
2005-R-05
n
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Donald A. Schmidt
Mayor
Robin L. Matusick
Legal Assistant/Paralegal
Approved by the City Council of the City of
Edgewater at a meeting held on this 21
day of March, 2005 under Agenda Item No.
6—D .
Instrument #2023109832 #5 Book:8413 Page:498 Laura E. Roth, Volusia County Clerk of Court
al
�i•�' ♦��•ir� •••ter
POP
1do"s
t1l~ ..
II ~}
w-
''WIJI
THE CITY OF EDGEW ATER
DEPARTMENT OF PLANNING AND WNING
139 East Park Avenue, Edgewater, Florida 32132
386-424-2412
r.' ~ ~ ~.~tfl!',' ~
'V,""'f~" "
FFR 1 R 1005
'.. ,;,'u,';.':...vr~ler
"nt
DATE APPLICATION RECEIVED:
FEE: 'ISO.O&- /VIII 4i
(any applicable advertising costs)
CASE NO.
APPLICANT NAME: /'
MAILING ADDRESS: ' Cyf)\')f~1 L- ["'d.J40
PHONE NUMBERS: OME: 10'7- bt 6 "S? j,5,. WORK: ~to7 ?t:.:3 ;:.?C(Ct)
-') .-h~1
o :;ri..:d..~
'-) (;. (j/ ,-
OWNERS NAME (if different from applicant):
MAILING ADDRESS:
PHONE:
REQUESTED APPEAL:
k
,..:elL.
, ......"
~.... ~'__ t
-"',/ (' j /01 /'/.,x I
'-4 C. -rt{"'~r-
SECTION # (Land Development Code):
CASE #:
DATE OF DECISION:
AGENCY:
//"'")
l /
,ol"/ //~_.,
" i I
"., / I
SIGNATURE OF O~: -kf:!lt, I d'.zYr-=
~.__.! if 0, ' " . ,/
l/'I r -".' (
" (~", ~'I
SIGNATURE OF APPUC~: .-re1,LJJf~fifr/
/ I ("'L
/ '-\ \J
~? ,--"
DATE' ," y;".\:,j~:;:'f?~,;j~J~:l.c..;'-""
. ".' ."- I r_'_"..... (.,-,..,
i f"
A (:,,~ .". ",.., ',~ """".,..., ,.; ".~----
DATE' r~,.f1r~' /1'::' "j';';:,
. ..~;' J __;,(:-< ~ ~-""''';;'''~''.-'\,'';..e'....,...~
appeal
'R..... ()<;.ll~
-1-
SKETCH OF DESCRIPTION
PROPOSED LAND D1vW)N OF: ,."",
Lots 9320,9321,9322 and 9323, Block 302, FLORIDA SHORES NO. 10, according to the plat thereol~ as
recorded in Map Book 23, Page 147 of the Public Records of Vol usia County, Florida.
PARCEL A: A portion of Lots 9321,9322 and 9323, Block 302, FLORIDA SHORES NO. 10, according
to the plat thereot: as recorded in Map Book 23, Page 147 of the Public Records of Vol usia County, Florida
described as follows: Begin at the Northwest corner of said Lot 9323; thence N 71 "37' 08" E a distance of
125.35 feet; thence S 18" 17' 30" E a distance of 119.39 feet; thence N 59~ 03' 03" W a distance 01'71.32
feet: thence S 61" 0 I' II" W a distance of 80.00 feet; thence N 18025' 03" W a distance of 80.02 feet to the
Point of Beginning. Containing 10020 square feet more or less.
PARCEL B: A portion of Lots 9320, 9321 and 9322, Block 302, FLORIDA SHORES NO. 10, according
to the plat thereof, as recorded in Map Book 23, Page 147 of the Public Records of Vol usia County, Florida
describcd as follows: Begin at the Southeast corner of said Lot 9320; thence S 71 <> 39' 53" W a distance of
125.00 feet; thence N 18025' 03" W a distance of 80.02 feet; thence N 61001' II" E a distance of 80.00
feet; thence S 59" 03' 03" E a distance of 71.32 feet; thence S 18017' 30" E a distance of 40.75 feet to the
Point of Beginning. Containing 10020 square feet more or less.
SURVEYOR'S NOTES & SURVEY REPORT:
I. Legal description provided by client or agent of client. Legal descriptions of Parccls A and B
prepared by the undersigned at the request of the client.
2. Bearings are assumed and based on the South line of subject property as being S 71039' 53" W.
3. Subject to restrictions, reservations, limitations, easements and rights of way, if any, appearing of
record. Chapter 472.027 Florida Statutes states that surveyor not responsible for any easements
not provided to him other than those on record plat.
4. This sketch of description is subject to any facts that may be disclosed by a full and
accurate title search,
5. This sketch of description prepared without the bencEt of an abstract and no title work has
been performed or provided to this surveyor except as noted.
6. Underground utilities and features not located.
7. Dimensions are shown in feet and decimals thereof.
8. Drawing distance between features such as walls or fences and property line may be exaggerated tllr
clarity.
9. Features shown by symbol are not to scale.
10. Not valid without the signature and the original raised seal of a Florida Licensed Surveyor
and Mapper
11. SKETCH PLAT ONLY. NO FIELD WORK PERFORMED BY THE UNDERSIGNED. Dimensions
shown hercon are based on Boundary Survey of the subject property prepared by others as
pmvided by the client.
SHEET 1 OF 2
SEE SHEET 2 FOR SKETCH OF DESCRIPTION
THIS SURVEY NOT FULL AND COMPLETE WITHOUT BOTH SHEETS
LEGEND & ABBREVIATIONS
RrN Right of Way
C/L Centerline
P/L Property Line
RCP Reinforced Concrete Pipe
CMP Corrugated Metal Pipe
TBM Temporary Bench Mark
0.0 Existing Elevation
6. De~a
R Radius
L Arc Length
C Chord
T Tangent
Cb Chord Bearing
(P) Plat
(D) Description
(M) Measured
(C) Calculated
(PR) Prorated
(R) Radial
(NR) Non-Radial
POC Point of Commencement USC & GS United States Coast & Geodetic Survey
POB Point of Beginning NGVD National Geodetic Vertical Datum
DNR Department of Natural Resources F.l.R.M. Federal Insurance Rate Map
Survey Type Survey Date Job Number PC Calc Draf
Specific Purpose
Sketch of Description
Topographic
Boundary
Foundation
Final
Recertification
PC Point of Curvature
PT Point of Tangency
PIP Power Pole
O/U Overhead Utilities
NC Air Conditioner
Ck
12-07-04
11-04-058
AW
AC
LC
AC
No instruments of record reflecting easements, right-of-way and or ownership were furnished to this surveyor, except as shown. There may
be additional restrictions andl or other matters that are not shown on this plat of survey that may be found in the Public Records of this county,
no underground installations or improvements have been located except as shown. If location of easements or right-of-way of record, other than
those on record plats, is required, this information must be furnished to the surveyor and mapper, per Florida Statutes Rules 61 G17-6.0031 (4)(e)
The term certified as used on this survey is for the exclusive use of the parties listed on this survey. It is also understood to be the professional opinion
of this surveyor and the firm, said opinion based on his best knowledge, information and belief, and as such, does not constitute a guarantee or warranty,
either expressed or implied. This surveyor and firm, does not assume responsibilitiy and shall not be liable for claims arising from erroneous or incorrect
information furnished by the owner, lender, or owner's contractors or others, which is used as a basis for this surveyo~s opinion.
Additions, deletions, or revisions to survey maps or reports by other than the signing party is prohibited without written consent of the party,
per Florida Statute Chapter Rule 61G17~.003(2)(e)
Allen Campbell &
Associates, Inc.
Professional Surveying & Mapping
P.O. Box 309 Edgewater, Florida 32132
2102 South Ridgewood Avenue
Edgewater Plaza - Unit 16
Office:(386)428-2218 Fax.:427-5323
'''-
I hereby certify that this plat of survey cf the subject property is to the best of my knowledge,
belief and information true and correct as surveyed under my supervision on the dates shown
hereon, I further ceMy that this plat of survey meets the minimum techinal standards per FAC.
Rule 61 G17~, adopted by the Florida Board of Professional Surveyors and mappers, according
'""~:;t2'fuOO",OO~ ~~"
M. Allen Campbell PSM #6176 J Certificate of Authorization #7220
Map effective 04-15-02 This properlY is in Flood Zone(s) : "X"
This location determined by scaling F.l.R.M. Community Panel: 120308 0685 G
Approximate map scale: 1" = 1000' Map number: 12127C0685 G
Scale: 1" = 30'
File : FS #10
Prepored for: WAGNER
SHEET 2 pF 2
SEE SHEET 1 FOR LEGAL DESCRIPTION. LEGEND & ABBREVIATIONS,
'-'
..."
o
UJ
>
<Y-
UJ
II)
UJ
<Y-
UJ
<ll
"(
Z
....
"(
<Y-
o
<Y-
o
LL
I-
Z
UJ
~
UJ
II)
"(
~ I
----i---~
POINT OF BEGINNING
PAR:EL "A" I
co
""
0\
I -
N
~ 0
~---rl-g-
I
----1--~ -
e:.
~
I
- - - - -1- - - -~-
I
J_
-0
co
""
0\
In
co
""
0\
..,.
co
""
0\
1 ,.
I L. -
C-0.-1A10:1l/.c\
..,.
N
""
0\
N 71037' 08" E (P)(M) 125.00'(P) 125.35'(M)
~
~
(Y)
N
(Y)
0\
~
~
PARCEL II A" I
I _
I 0
10020 SQUARE FEET I ~
I '
.'"
l~
--------------r--------
= I
N I
o '
tv)
a,
""
9i
.~ w,\'3
~ .~9 V':.\
~ ~J "~
~\J ---:::r--
c---
erG
o ~
~
~
'5~
C)
~
\1) ~
3g
e..;
3~
Qr-...
<:lJ':"
~~
~
\1.l ---
,f} 3=
-? ...........
~
o
LO
'-"
~
e
-0
.....
cJ
~
8
e
-0
-:J..
..;::(w
...J >
~ ~ H
~2j
~
-l
0;(
a..
e:.
N
.. N 9
(Y)
0\
V'
~o-----
~ 0""
oJ>
~ (<-
0 ..;.
e- ...... .....l .J>
.. N <>, ~
tv) en
0\
iT>
o
In
N
o
~
z
..
o
N
tv) 10020 SQUARE FEET
0\
In
l"-
e
..,.
0.
~
N 710 39' 53" E (P)(M)
A
POINT OF BEGINNING
PARCEL "B"
TWENTY SIXTH STREET (50' R/W)
NOTE: ADDITIONAL IMPROVEMENTS NOT LOCATED
OR SHOWN
~
e;
UJ
b
(T)
"
If)
~
W
-l
W
>
.;(
~
J-
o
~
II)