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06-08-2011 CITY OF EDGEWATER Planning and Zoning Board Wednesday, June 8, 2011 6:30 p.m. Edgewater Community Center 102 N. Riverside Drive AGENDA 1. CALL TO ORDER 2. ROLL CALL 3. APPROVAL OF MINUTES Regular meeting of May 11, 2011. 4. OLD BUSINESS- PUBLIC HEARING None at this time. 5. NEW BUSINESS- PUBLIC HEARING a. VA -1101 — Joseph Stiner, applicant, requesting a variance from Article V of the City of Edgewater Land Development Code for property located at 3330 Orange Tree Dr. b. VA -1102 — Edward Lange, applicant, requesting variances from Articles IV and V of the City of Edgewater Land Development Code for property located at 423 N. Riverside Dr. 6. OTHER BUSINESS 7. DISCUSSION ITEMS a. Development Services Director's Report b. Chairman's Report c. Agency Members' Report — "Transportation Vision Presentation" by Robert McIntosh 8. ADJOURNMENT 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 proceeding 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 Wenzel, 104 N Riverside Drive, Edgewater, Florida, telephone number 386- 424 -2400 ext. 1101, 5 days prior to the meeting date. If you are hearing impaired or voice impaired, contact the relay operator at 1- 800 -955 -8771. Citizen comments are to be limited to five (5) minutes CITY OF EDGEWATER PLANNING AND ZONING BOARD INFORMATION SUMMARY CASE #VA -1101 OWNER: Joseph Stiner APPLICANT /AGENT: REQUESTED ACTION: Applicant is requesting the following variance from the City of Edgewater Land Development Code (LDC): ➢ Article V, Section 21 -50.02 (Table V-1) to allow a side setback of 3 feet (3') in lieu of the required ten feet (10') PROPOSED USE: Construction of a 24' wide steel building for boat storage. LOCATION: 3330 Orange Tree Dr. AREA: .3444 CURRENT LAND USE: Residential FLUM DESIGNATION: Low Density Residential ZONING DISTRICT: R-2 (Single Family Residential) VOTING DISTRICT: 4 SURROUNDING AREA: Current Land Use FLUM Designation Zoning District North Single Family Low Density Residential R -2 (Single Family Residential) Residence East Single Family Low Density Residential R -2 (Single Family Residential) Residence South Single family Low Density Residential R -2 (Single Family Residential) Residence West Single Family Low Density Residential R -2 (Single Family Residential) Residence Background: The subject property is located on the northwest corner of Orange Tree Dr. and 34th Street (unopened retention area). Additional concrete appears to have been poured for an extension to the driveway that exceeds the five foot setback for driveways. The City has no record of a permit for this driveway. Land Use Compatibility The single-family residence is compatible with the surrounding residential uses along Orange Tree Drive. Adequate Public Facilities: This site is served by City water and sewer and has direct roadway access to Orange Tree Dr. Natural Environment: There are no known environmental issues associated with this site. Comprehensive Plan Consistency: Other Matters: Staff has received no objections from the surrounding property owners. Property owners within a 300' radius are required to be notified of a variance request. Per the City of Edgewater Land Development Code Section 21-100.04, in order to grant a non administrative variance, the P &ZB shall make the following findings of fact: 1. That granting of the proposed variance is not in conflict with the Comprehensive Plan; 2. That granting of the proposed variance will not result in creating or continuing a use which is not compatible with adjacent uses in the area 3. That granting of the proposed variance is the minimum action available to permit reasonable use of the property; 4. That the physical characteristics of the subject site are unique and not present on adjacent sites; and 5. That the circumstances creating the need for the variance are not the result of actions by the applicant, or actions proposed by the applicant. The Technical Review Committee does not recommend approval for this variance request. STAFF RECOMMENDATION: Staff recommends denial of the request for a variance to allow a side setback of three feet (3') in lieu of the required ten feet (10') for property located at 3330 Orange Tree Dr. MOTION: Motion to deny the request for a variance to allow a side setback of three feet (3') in lieu of the required ten feet (10') for property located at 3330 Orange Tree Dr. MEMORANDUM: Date: May 9, 2011 To: Planning and Zoning Dept. From: Dennis I. Fischer, Building Official Subject: VA -1101 3330 Orange Tree Drive. The following comments are directed at the above site: In 2000 a shed permit was issued with a setback of 5 feet. Additional concrete appears to have been poured within the 5 foot requirement of a property line for a driveway. No other permits are on file. There is a 35 foot side setback to the property. Using the required 10 foot setback would leave 25 foot of area for construction. If the new structure was of the metal carport type it could set next to the house and still be 24 foot j wide. Recommend denial of the variance request. CITY OF EDGEWATER MEMORANDUM ENVIRONMENTAL SERVICES Date: May 13, 2011 To: Tabitha Russell, Planning Department From: Brenda L. Dewees, Director Subject: VA -1101 - Stiner — 3330 Orange Tree Drive I have reviewed the variance request for 3330 Orange Tree Drive to allow a three foot setback in lieu of the required ten feet for construction of a steel building. This parcel currently has an extension to the driveway that exceeds the five foot setback for driveways. I have no record of a permit or a variance for this driveway. However, as this parcel is located next to a retention pond, erosion could be a possibility which could damage the foundation of the building. Runoff from a building will only compound the problem. It is the opinion of the Environmental Services Department that this variance request should be denied. If it is found that the board disagrees with the Environmental Services recommendation, at a minimum a gutter should be put on the building in order to convey the water appropriately. If you need any further information or have questions, please contact me. The Environmental Services Department reserves the right to ensure compliance with City of Edgewater Standards and /or Land Development Code not specifically commented on. P.O. 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BY CLIENT PURPOSE 'LASSIFICATION CITY OF EDGEWATER PLANNING AND ZONING BOARD INFORMATION SUMMARY CASE #VA -1102 OWNER: Edward Lange APPLICANT /AGENT: Bret Jones REQUESTED ACTION: Applicant is requesting the following variances from the City of Edgewater Land Development Code (LDC): • Article IV, Section 21-41.04 (a) and Article V, Section 21-50.02 (Table V -1) to allow a rear setback of ten feet (10') from the wetlands buffer in lieu of the required twenty five feet (25') • Article IV, Section 21-41.04 (a) and Article V, Sections 21-50.02 (Table V-1) and 21-53.07 (b) to allow rear setbacks between 12.2' and 26.4' from the mean high water line in lieu of the required fifty feet (50') • Article V, Section 21-50.02 (Table V -1) to allow a front setback of twenty eight feet (28') in lieu of the required forty feet (40') PROPOSED USE: Expansion of the existing front porch as well as construction of a swimming pool, rear porch and master bedroom. LOCATION: 423 N. Riverside Dr. AREA: .25 CURRENT LAND USE: Residential FLUM DESIGNATION: Low Density Residential ZONING DISTRICT: R-1 (Single Family Residential) VOTING DISTRICT: 1 SURROUNDING AREA: Current Land Use FLUM Designation Zoning District North Single Family Residence Low Density Residential R -1 (Single Family Residential) East Indian River Indian River Indian River South Vacant Low Density Residential R -1 (Single Family Residential) West Single Family Low Density Residential R -1 (Single Family Residential) Residence Background: The subject property contains an existing family residence which was built in 1978. The applicant is requesting variances to expand the existing front porch and construct a swimming pool, rear porch and master bedroom. Land Use Compatibility: The single-family residence is compatible with the surrounding residential uses along Riverside Drive. Adequate Public Facilities: This site is served by City water and sewer and has direct roadway access to Riverside Dr. Natural Environment: There are no known environmental issues associated with this site. Comprehensive Plan Consistency: Other Matters: Staff has received no objections from the surrounding property owners. Property owners within a 300' radius are required to be notified of a variance request. Per the City of Edgewater Land Development Code Section 21 100.04, in order to grant a non administrative variance, the P &ZB shall make the following findings of fact: 1. That granting of the proposed variance is not in conflict with the Comprehensive Plan; 2. That granting of the proposed variance will not result in creating or continuing a use which is not compatible with adjacent uses in the area; 3. That granting of the proposed variance is the minimum action available to permit reasonable use of the property; 4. That the physical characteristics of the subject site are unique and not present on adjacent sites; and 5. That the circumstances creating the need for the variance are not the result of actions by the applicant, or actions proposed by the applicant. STAFF RECOMMENDATION: Staff recommends approval of the variance requests from the City of Edgewater Land Development Code pursuant to the following conditions provided by the Environmental Services Director as follows: • Sections 21-41.04 (a) and 21 (Table V-1) to allow a rear setback of 10' from the wetlands buffer in lieu of the required 25'; • Sections 21 - 41.04 (a), 21 (Table V-1) and 21 (b) — to allow rear setbacks between 12.2' and 26.4' from the mean high water line in lieu of the required 50'; and • Section 21-50.02 (Table V-1) to allow a front setback of 28' in lieu of the required 40' • A silt fence along the east side of the property will be required during construction. • No encroachment into the jurisdictional wetland area is permitted. • The retention area needs to hold 1,245 cubic feet of water or be 622 square feet at a six-inch depth. • A swale along the entire east side of the property directing the water toward the retention pond will be required. This swale will need to be maintainable or have a retaining wall. • A berm will need to be constructed that is at least six inches above the top of the swale and the retention area preventing overflow from the swale or retention area into the Indian River Lagoon. • All stormwater flow from the runoff of the pool area or house needs to be directed toward the retention area via swales, gutters, etc. for property located at 423 N. Riverside Drive. MOTION: Motion to approve the variance requests from the City of Edgewater Land Development Code pursuant to the following conditions provided by the Environmental Services Director as follows: • Sections 21-41.04 (a) and 21-50.02 (Table V-1) to allow a rear setback of 10' from the wetlands buffer in lieu of the required 25'; • Sections 21-41.04 (a), 21-50.02 (Table V-1) and 21-53.07 (b) — to allow rear setbacks between 12.2' and 26.4' from the mean high water line in lieu of the required 50'; and • Section 21-50.02 (Table V-1) to allow a front setback of 28' in lieu of the required 40' • A silt fence along the east side of the property will be required during construction. • No encroachment into the jurisdictional wetland area is permitted. • The retention area needs to hold 1,245 cubic feet of water or be 622 square feet at a six-inch depth. • A swale along the entire east side of the property directing the water toward the retention pond will be required. This swale will need to be maintainable or have a retaining wall. • A berm will need to be constructed that is at least six inches above the top of the swale and the retention area preventing overflow from the swale or retention area into the Indian River Lagoon. • All stormwater flow from the runoff of the pool area or house needs to be directed toward the retention area via swales, gutters, etc. for property located at 423 N. Riverside Drive. CITY OF EDGEWATER MEMORANDUM ENVIRONMENTAL SERVICES Date: June 1, 2011 To: Tabitha Russell, Planning Department From: Brenda L. Dewees, Director Subject: VA -1102 Lange -423 N. Riverside Drive After reviewing the revised variance application given to me on May 31, 2011, I have the following comments. The variance is requesting to reduce the setback from 25 feet to 12.2 feet from the jurisdictional wetland lines. As a condition of the variance, stormwater controls need to be constructed to prevent contaminated runoff during construction and post construction. 1. A silt fence along the east side of the property will be required during construction. 2. No encroachment into the jurisdictional wetland area is permitted. 3. The retention area needs to hold 1,245 cubic feet of water or be 622 square feet at a six -inch depth. 4. A swale along the entire east side of the property directing the water toward the retention pond will be required. This swale will need to be maintainable or have a retaining wall. 5. A berm will need to be constructed that is at least six inches above the top of the swale and the retention area preventing overflow from the swale or retention area into the Indian River Lagoon. 6. 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