03-03-1997 Voting Order
Councilman Mitchum
Mayor Hayman
Councilman Hatfield
Councilwoman Martin
Councilman Hays
AGENDA
CITY COUNCIL OF EDGEWATER
MARCH 3, 1997
7:00 p.m.
COMMUNITY CENTER
1. CALL TO ORDER, ROLL CALL, INVOCATION, PLEDGE OF ALLEGIANCE
2. PRESENTATION FROM GOVERNMENT FINANCE OFFICERS
ASSOCIATION FOR EXCELLENCE IN FINANCIAL REPORTING
3. APPROVAL OF MINUTES
A. Regular meeting of February 3, 1997
4. CITIZEN COMMENTS REGARDING AGENDA ITEMS ONLY
(Other than public hearings)
5. CITY COUNCIL REPORTS
6. PUBLIC HEARINGS, ORDINANCES AND RESOLUTIONS
A. Public hearing and consideration of Res. 97 -R -02 re: appeal of Land
Development and Regulatory Agency decision on variance for
property at 115 N. Riverside Drive
B. Public hearing and consideration of Res. 97 -R -03 re: appeal of Land
Development and Regulatory Agency decision on variance for
property at 1845 Needle Palm Drive
C. Public hearing and consideration of Res. 97 -R -04 re: appeal
of Land Development and Regulatory Agency decision on
variance for property at 1824 Orange Tree Drive
D. Res. 97 -R -05 Re: Economic Development Board
7. CONSENT AGENDA
A. Request to declare two City vehicles and two pieces of City
equipment as surplus to be disposed of through advertised public
sealed bid process
B. Amendment 2 to State Revolving Loan Fund Agreement for collection,
influent transmission and reuse facilities
City Council of Edgewater
Agenda - March 3, 1997
Page two
8. OTHER BUSINESS
A. Presentation of City audit for fiscal year ending 9/30/96
B. Extension for two years of audit services contract with Ernst & Young
or authorization to prepare a Request for Proposal for new auditors
C. Presentation re: proposed golf course
D. Request of Hi Tops Lounge to extend operating hours March 3rd
through March 9th for Bike Week
E. Appointments to Economic Development Board to fill one vacant and
two additional seats.
F. Appointments to Land Development and Regulatory Agency due to
expiration of terms of Dominick Fazzone, Robert Garthwaite, and
Judith Lichter, who request reappointment
G. Discussion re: insurance payments for employees injured on duty
9. GENERAL CITIZEN COMMENTS /CORRESPONDENCE
10. OFFICER REPORTS
A. Discussion of City Manager's report on organization plan
C 1,449 e o iwt—
11. ADJOURN.
NOTE: All items for inclusion on the March 17, 1997, agenda must be received by the City
Manager's office Ho later than 4:30 p.m. Monday, March 11, 1997.
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 insure
that a verbatim record of the proceedings is made.
In accordance with the Americans with Disabilities Act, persons needing assistance to participate in any of these
proceedings should contact City Clerk Susan Wadsworth, 904 - 424 -2407, prior to the meeting.
a
1
•
t
F
j }
tyy 5
,; yy
i? 1 ` i ) f li till
g it k . �"" •" — ► ! 'del �s
t, r k
tit - 11
y # r i. S r t �r Bt C7', } M� y S�''r" °te ^ ,' . , `F ..v�l*,.°` ' 4� S y -1 t 4- 4
� . h t - . ",'",e-"="...... M 9 "s i ?;.1,'r- .. 1 �s 11a 2 •
I ' i T i
k
s, ; ` u�' ° ' '1,,,,,.'4:1
a.t . , an d Yr� �1 i*F` 34,4,-;
P i , ak. ,- Jt . } j ;
:: . t x .; - �+4 `:`_ t ' ^� . x - 4 s ue - ' _ •
- eta Z'a ' +f ' F s.�.ss; ,y ` . t r •,•1 r �� ,
r i' ay .r i, f 'I ;£ s. � 3 yr I ^'" , ; ,Y �Ya^ } 3t ' ) 1
rip yf4 t T Mkk ; r� F fiv awq ,,�� ,� "t € 4,..;.....,--
,� ' �,. �
3 i fs r , S . r , - V ;fix. y�a. t:+ '•Qr +t: � , .f s i` ,-' . y iv
: .F tt t . v `'� +x % -y e . ',.' M v � l '"�' ` # :T'Y. Y ;. % llv. 5.ri:1 � 1)
af � .4 t ' ` - ' aL^ .i?":�;ti •-,", t .+•sg`" aG� '+
via I i ' I j '. •
' 1 X ifs'%' a +E3.. - s gd-..w. 4,,„ x 4, y tl , • 44, +k 1 gg { fi - 3°�.'z t r , ...0,: - �.,..x.. **" r �' c „ s , F, �- -. .>^ ;.r t 3s " ArJ'' "" +' d ' }'
6 'y Y 3 i, y � y 1v °sauA+ i t ,>7 „ 1 i`..ri r a•.srt+'t ., .rte 7 �C �.:_J is i .
r gar "� Lfs �.+� Y - - x. fa 5e an i. Via { ,I
, .,.1'T 5 F _ }.q i '''''s .4 { 17,1 1 ( 9 w , s , "�, . ! �". P ,
'.!1A1 YifiiiiiC F � . c if 6 yi Y F". .y`i. • : pr 1 ) l
{ 7 ,{ *$ : f t ,+ ✓ y , vr ,. �k'1cX #� ..a; - ' r zi T .; - .6 i I
I t l ,, -'.. ac h r ,I "I w .fir r
a
T-• : � } � ! ; t� � �' yy.�Y ,.r � •s s+ t .�.:' 4 'h' � .+ ,�- ,�'�..�`k, �`�•k . x . + .� s��` S - ) � F'� . .
S° 4 r i ! 4 '� •> „ r y a F } t
th
s. ,,, �' . fix k.' ' Y �++ '�{�� ` 4 }. I
:? 1 i , t', I3'9 � =_ .sm. *t. r . _. -, r - ,sR., r , _ " , 3, w.` " v.?.ri. °dkv . r'4''''' '£ -3 P i4'1 ; • 1 1 ,1 . x,
- .'It . +-' .4 * : . g a •c.. „.e... :Y4. •+. .. ," `t+3 '=-7-7- Yr ' •3 : III
'' For fts 'C:omrehen ,,, F inan d a l Re
z il
t , ,� f Y � 1 .
� � ' .s Septem r 30, 1995 r a j
‘•: • 1` s E ' 3 Repo porting is E by the Cicxn�r r ertt Finance Offkerr I�t P 1 Iay?i
As �cl�t�rt o tf* united States and C r to
f ;l,
a , ti i k. gotrrturu nt units and
Pthlic e:rplcr
retirement ,, R� 4 +1►ti�,t
ti f 1 1 1 1 1 s tens w orse torn r iv are; a. fL ar stI t l + j► W t i ,,
r 1
reports (CAFRs) ac,1 �,>v � 41-
, ,"t� t `
4 4 - r Sta1)dd7d► in governmen zccourltEng y i 11 ;
1 ; and financial reporting. " 4 1 ; 1 t ,
t at'F ' r t {i 1 .
tr
tli tt � 1e ,. �° .?,--.„1
a, k y ' a , u�
;, l { a►�� } , fi r,
" �,; - ,, �if}
n i -,t,"•• 3
yang a Aft l
a:4 ,_ i#lj' '
,' " 4 e
swat
� t, EXCEL w D ec o "- } i t
s i li,
7 s� # w ,.%' ' d , 1,
i tttt Y 1,• ep AA
• q 'i
CS v
– ,
� GLT
W X > ei
of - o
V N O z0
> ' o Q ., N
L
0 RI
o
Z 4i
F c� �I r I 01 t
r cY o e4 N
• 0 ImLi N .. L o • •-• o 3-
O - U
rri 3 0 u = U �s :'
W o . -H a) ' ;'z1 O
i--1 h Ga b1 O o cs
to
'� ����
;.} —I cd 'it al M
0 H ii o.0 rx cs z • 0
0 x N >1
H Cr) 4J
= V 0
ct
c.1r 1 ' "it = -5 z
g „
G� '� 0 Fi.,
O
,..., ,...4„,
A
„.., ,
...... c4
_ O
„.....
Comprehensive Annual Financial Report -
Fiscal Year 1996
Title Nerve Since
Finance Director Ferdinand Munoz 4/10/S9
Assistant Finance Director Karen A. Rickelrnari, CGFO 1/20/77
Finance Clerk 3 Dortria M. Looney 11/25!85
Finance "lei }:
2 Kathleen H. Cornelius 10/23/79
Finance Clerk 1 Julie A. Christine 4/28/955
Utility Billing Clerk Sherry L. Young 10/27/07
Customer Service. Rep. Terry Galbreath 11/27/95
Customer Service Rep. Tia Dewees 2/21/96
As probably the ONLY department who has their work reviewed
annually by an outside entity, we are truly proud that there were
only two adiustirig _ lour'nal entries (AJE) for FY-96. During this
review, the auditors, who have excellent knowledge of the City's
operations, ask rnany questions, conduct transaction testings and
come back with more questions.
For the 13t1i year in a row, the City's COrCi} >Y'ehe.risive Annual
Financial Report has achieved the distinction of earning the
Government Finance Officers Association " Certificate of
Achievement for Excellence in Financial Reporting" .
The high standards necessary to earn this recognition is
indicative of the team effort approach that the City utilizes in
managing its financial resources. In every team effort of this
type, one person always stands out as the key contributor. Due to
her tireless work ethic, attention to detail, and great wealth of
technical knowledge and experience, the Assistant Finance
Director, Karen A. Rickelman, is such a person.
The Fiscal Year 1995, for which this certificate is presented,
was the result of many hours of her efforts. During these times
when society is constantly exposed to people that compromise on
their responsibilities, it is refreshing and important to know
that there are people like Karen A. Rickelman. Her high
standards, and non-compromising style is the rudder that steered
us towards this success in our financial reporting.
Certainly, the success that has been achieved would not have been
possible without the positive support of the City Council and
City Manager. Their commitment to accurate financial record
keeping is important and insures that the integrity of the
financial data is maintained and that we are in compliance with
all the various legal requirements.
Looking to the end of 1997, the department is presently working
on implementing technology to get the City's business done.
During this process we intend to better utilize the knowledge and
experience of our staff.
FMCAFR96
THE CITY OF EDGEWATER
POST OFFICE BOX 100, EDGEWATER, FLORIDA 32132 -0100
Mayor,Jack r,: ayman
District 1 Councilman Danny K. Hatfield City Manager George E. McMahon
District 2 Councilwoman Louise A. Martin City Attorney Krista A. Storey
District 3 Councilman Michael D. Hays City Clerk Susan J.Wadsworth
District 4 Councilman David L. Mitchum February 28, 1997
Mr. Pat Patterson, Chairman
Volusia County Council
123 West Indiana Avenue
DeLand, FL 32720 -4612
Subject: Proposed County Wastewater Treatment Plant for Southeast Volusia
County
Dear Mr. Patterson:
I am writing to express my deep concerns regarding the proposed County wastewater
treatment plant and specific location for Southeast Volusia County.
1. As a matter of history, you should be advised that for years the City of
Edgewater has diligently worked with the County officials to establish a
sound, positive working relationship with Volusia County. We have been
successful in some areas, including an interlocal agreement for the City of
Edgewater to serve water to the County unincorporated area in Southeast
Volusia County and in attempting to work out the difficulties and details of
the current 800 MHZ system.
2. We have also attempted to work out an agreement to provide wastewater
treatment for Southeast Volusia County at the Edgewater wastewater plant.
Recently, our plant has been rerated and upgraded to provide 2.7 MGD of
wastewater capacity, currently we are treating less than 1.5 MGD. The
available additional capacity could easily be provided to the County service
area if Volusia County were willing to work with our City officials. This would
save both the County and City significant money and certainly is cost
feasible from an economic standpoint of both the County and the City.
Although this may not address the population increase and subsequent
demands for the next 20 to 30 years, it would certainly address the
immediate concerns and needs of the County for the next 5 to 10 years.
Therefore, this would prevent the immediate expenditure and consequence
of building a new wastewater treatment plant for the County while providing
the necessary service for treating wastewater for many years to come.
104 NORTH RIVERSIDE DRIVE
(904)424 -2400 FAX - (904)424 -2409
f.INv
•
February 28, 1997
Page two
3. The construction of a County wastewater treatment plant at the location
proposed appears to be contrary to the goals and objectives of State
comprehensive planning and increasing enclaves, which has long been a
concern of State and local planning agencies.
4. The County's plan as elaborated upon in recent newspaper articles indicates
the County would have to acquire an additional 700 acres to be purchased
using taxpayers' money for the acquisition of an area to dispose of reuse
water; purportedly to provide for an area to grow orange groves and
subsequently offer a return on investment to the County from the citrus
produced
I sincerely ask you who will ultimately benefit from this project and how. I also ask you to
reconsider your staff's recommendations to pursue what I believe to be a very risky and
costly venture for the citizens of Southeast Volusia County.
I intend to pursue this matter further in our Council discussions this forthcoming Monday
night and invite you and /or your representatives to attend our Council meeting. I sincerely
regret having to criticize County operations but as an elected official of our community, I
believe it is extremely important to resolve this issue prior to the time of further
expenditures by the County.
Sincerely,
)1,a t ='
� ' i ke Haysw.`
' councilman
i
GEM /MDH:Isk
Cc: Volusia County Council Members
Volusia County Manager
Mayor and City Council of Edgewater
6,(4,i3,c
INTER - OFFICE MEMORANDUM
EDGEWATER, FLORIDA
TO: City Council
FROM: Krista A. Storey, City Attorney (%
C.A. NO.: 97 -39
DATE: February 25, 1997
SUBJECT: Procedure for Appeal of LDRA Decisions Denying
Variances - Heeb and Holiday Builders
The appeals filed by the Heebs and Holiday Builders, Inc. were
initiated pursuant to Section 1011.04 of the Land Development Code.
'` Section 1011.04B. provides that an appeal shall be a hearing de
novo, that is a hearing held for the second time, but as if there
had been no former decision.
Accordingly, to begin the hearing the Director of Community
Development (Director) should give his recommendation regarding the
standards for granting variances set forth in Section 1011.02 of
the Land Development Code. Pursuant to Section 1011.04C, the
Director should also present information to the Council concerning
the decision of the LDRA. The applicant should then be given an
opportunity to demonstrate that all of the standards for granting
variances have been met. After the conclusion of the applicant's
comments, the public should be given an opportunity to speak in
reference to the variance request.
Pursuant to the procedures governing ex parte communications in
quasi - judicial proceedings established in Resolution No. 95 -R -11,
at the beginning of each hearing I will ask the Council to disclose
any such communication. As you may recall, ex parte communication
is permissible so long as the subject and substance of that
communication is made part of the record before final action is
Now taken on the matter.
The Council's decision on each appeal should be framed in the form
of a resolution. Attached to each appeal packet is a generic draft
resolution setting forth the determinations which must be made by
the Council. Once the Council arrives at its decision, the result
can be filled in as well as the factual determinations regarding
the standards for granting variances.
KAS
6.14,
RECEIVED
- 'J - Ferdinand N. Heeb
JAN 8 1997 115 North Riverside Drive
Edgewater, Florida 32132
CITY MANAGER Telephone (904) 423 -0322
Fax (904) 428 -7526
January 7, 1997
Mr. George McMahon
City Manager
City of Edgewater
Edgewater, Florida 32132
Re: Appeal of decision of the LDRA dated December 11, 1996 relative to a request submitted by
Ferdinand N. and JoAnne M. Heeb for variance of the zoning ordinance to erect a carport
over an existing paved parking area situated in the required front yard and side yard setbacks.
Dear Mr. McMahon:
* 40110 .
Please be advised that the above mentioned applicants for variance desire to appeal the decision of
the Land Development and Regulatory Agency to the City Council of the City of Edgewater.
Please advise us of the date our request will be heard and any additional information required to
be filed by applicants before the meeting.
Very truly yours,
/,
Ferdinand N. Hee
6--
JoAnne M. Heeb
*ter Enc.
LAND DE VEL OPMENT AND REGULATORY AGENCY
INFORMATION SUMMARY
CASE # VA -0396
PROJECT NAME: 115 N. Riverside Drive
APPLICANT /AGENT: Ferdinand N. & Joanne M. Heeb
OWNER: Ferdinand N. & Joanne M. Heeb
REQUESTED ACTION: Variance to front and side yard setbacks
PROPOSED USE: Construction of a steel carport
LOCATION: 115 N. Riverside Drive
AREA: 1.19+ acres
EXISTING LAND USE: Single Family Residential
FUTURE LAND USE: Low Density Residential
ZONING DISTRICT: R -1A
SURROUNDING AREA
EXISTING LAND USE/FUTURE LAND USE /ZONING DISTRICTS:
NORTH: Single Family Residential Vacant Lot/Low Density Residential/R -1A
SOUTH: Single Family Residential Vacant Lot & City Tennis Courts/Low Density
Residential/R-1A
EAST: Intracoastal Waterway/Intracoastal Waterway/Intracoastal Waterway
WEST: Single Family Residential/Low Density Residential/R -1
Now Applicable Section(s) of Code: Section 602.02(d)(2) of the City of Edgewater Code of
Ordinances and all other applicable regulations associated with the variance process.
/smp
c:Udra l 996\info. sum \va0396
•
MEMORANDUM
va. TO: Land Development and Regulatory Agency
FROM: Mark P. Karet, Director of Community Development / C
DATE: December 3, 1996
SUBJECT: VA- 0396Nariance
Applicants - Ferdinand & Joanne Heeb
Request:
The applicants wish to obtain a variance from Section 602.02(d)(2) of the zoning
ordinance to erect a structure in the required front yard and side yard setbacks. Section
602.02(d)(2) establishes a 40 foot front yard and a 10 foot interior side yard in the R -1A,
Single Family Residential District.
•
Background:
The applicants own a 1.19+ acre parcel located at 115 N. Riverside Drive. Like many
lots along Riverside Drive it contains both upland and submerged land. The lot is regular
in shape and exceeds the minimum 12,000 square foot lot size. The upland area alone
is approximately 28,000 square feet in size. A survey of the property is attached.
The lot contains a 3,300 square foot two story single family residence with an attached
garage. The residence is located approximately 87 feet behind the front property line
and 77 feet from the north property line in the southeast portion of the property.
Located in the southwest corner of the property is a concrete pad which extends south
of the driveway. This pad is used by the applicant as a parking area. The pad is located
18.7 feet from the front property line and 1.75 feet from the side property line. The
applicants wish to erect a steel carport to provide protection for vehicles parked on this
pad. This structure would fall completely within the required front yard set back and
+t, 8.25 feet into the required side yard setback. A sketch of the pad area is attached.
Staff Findings:
Section 1011.02 sets out 6 criteria that must be met by the applicant before the LDRA
can grant a variance. Staff has reviewed the applicant's request in relation to these
criteria. The criteria and staffs responses are presented below:
A -) The variance requested arises from a condition that is unique and peculiar
to the land, structures, and buildings involved and is a condition that is not
ordinarily found in the same zoning district.
The applicants own a relatively large parcel of land. The building envelope on the
property measures over 11,500 square feet. This figure is 95% of the minimum
lot size in the R1 -A district. The size and placement of the residence within the
envelope allows for further conforming development of the property. The size and
shape of the upland portion of the property is regular.
B -) Strict compliance with area, setback, frontage, height, bulk, and/or
intensity requirements would result in unnecessary hardship for the
applicant as distinguished from restrictions imposed by this code on all
other property in the same zoning district.
Strict compliance with the setbacks as applied to the applicant's property would
not permit the construction of the proposed carport in the specific location desired
by the applicants. However, there are other areas on the property where a
carport could be erected without encroaching into the required setbacks.
err
C -) The condition is not the result of the actions of the applicant or property
owner.
The applicants were not involved in the creation of the lot or construction of the
home and driveway. The concrete parking pad was in place when the applicant's
purchased the property in 1990.
D -) Granting of the variance will not create unsafe conditions nor other
detriments to the surrounding properties or public welfare.
The granting of the variance will not create an unsafe condition or significant
detriment to surrounding properties.
E -) The variance is the minimum variance that will make possible the
reasonable use of the land or structures.
Granting the variance will permit the erection of a structure outside the
Nolo, permissible building envelope. The existing building envelope is 4.8 times larger
than the minimum envelope required in the district.
2
•
F -) The variance will not be opposed to the general spirit and intent of this
code and the City of Edgewater Comprehensive Plan.
The purpose of the Land Development Code and zoning ordinance is to promote
4,.,,, the orderly development of the City. As a result, regulations have been developed
that apply uniformly throughout each zoning district. It is the intent of the Code
that variances to these district regulations be granted in instances of unique
hardship, not hardships that the code imposes on each property.
Recommendation:
Staff finds that the applicants have failed to meet criteria A, B, E and F. Staff
recommends that the LDRA deny the applicants' request for a variance from Section
602.02(d)(2) of the zoning ordinance.
Noy
c:wpwi n \wpdocs \va0396. mem
3
STANDARDS FOR GRANTING VARIANCES
STATEMENT OF FACTS AND SUPPORTING CIRCUMSTANCES
115 North Riverside Drive
A. The variance requested arises from a condition that is unique and peculiar to the land ,
structures and buildings involved and is a condition that is not ordinarily found in the same
zoning district.
The affected property is a single family dwelling. The property's average useable land
dimensions are140' x 200' (28,000. Sq. Ft.) and the residential structure comprises 3,300 Sq.
Ft. (approximately 12% of the area). The remainder of the area is either concrete driveway
and parking or landscaped lawn.
The property was developed and constructed in 1978 with a concrete circular driveway
with an entrance to a two car garage and additional parking for two cars in the south west
quadrant.
The subject area of this request for variance is the concrete pad for additional parking for two
vehicles which lies in the southwest quardrant 1.75' from the south boundary of the property
and 18.7' from the west boundary. The parking pad area is surrounded on the east, west and
south sides by substantial landscaping and is accessible only from the north side. The
substantial landscaping makes the area almost invisible from neighboring properties.
Now
The subject concrete parking area was in place when the property was acquired by the
current owners.
It is currently used to park additional vehicles and will continue to be so used. Applicant
only wishes to provide covered shelter for the area.
The parking area follows a natural design of the property and provides some degree of
shelter from prevailing, salt tainted, easterly winds. The roof will enhance this shelter as well
as provide shelter from the droppings from a large cedar tree.
The house is setback approximately 100' from the west property line and the parking area is
an aesthitically pleasing and natural setting for property of this size.
The property is unique in the amount of open, landscaped lawn and placing a roof over the
parking area will not diminish the beauty or aesthetic appeal of the homesite.
..r B. Strict compliance with area setback requirements would result in unnecessary hardship for
the applicant as distinguished from restrictions imposed by this Code on all other property
in the same zoining district.
Placing a carport in any other area of the property which meets current setback requirements
would diminish the value of the property because is would detract from the openess of the
land. It would not look appealing and would detract from the natural beauty of both the
property and the whole neighborhood. It would also diminish the view of the river from the
River Walk area.
The present parking area is the least obtrusive place on the property to provide covered
parking for additional vehicles.
C. The condition is not the result of the actions of the applicant or the property owner.
The present driveway and parking area where designed and constructed by the original
owners and were in place when the property was acquired by applicants.
D. Granting of the variance will not create unsafe conditions nor other detriments to the
surrounding properties or public welfare.
The concret pad for the parking area is in place and the roof structure will be supported by
galvanized steel poles. It will not add any additional impervious surface or create problems
with drainage. The structure will meet structural and windload requirements.
E. The variance requested is the minimum variance that will make possible the reasonable use
N of the land and the current parking area.
The variance will allow applicant to provide shelter from the elements over vehicles
presently allowed to park there.
It is the least obtrusive struture and location which will allow applicant the ability to shelter
vehicles from the elements.
F. The variance desired will not be opposed to the general spirit and intent of The Code of
Ordinances of the City of Edgewater or the City of Edgewater Comprehensive Plan.
Depriving applicant the ability to provide shelter for vehicles in an area designed for such
parking prior to adoption of the current Comprehensive Plan will be a hardship.
The Code and Comprehensive Plan clearly provide relief under these circumstances and this
application is made in that spirit.
Now
•
§ 602.02 EDGEWATER CODE
and no activity area is located within twenty -five (25) feet
of the perimeter of the property. (Ord. No. 94 -0 -08, Pt. B,
N 4 -4 -94)
(3) All those uses customarily associated with the permitted
principals.
(c) Special exceptions:
(1) Unmanned telecommunication facilities.
(2) Family residential homes located within a radius of one
thousand (1,000) feet of another such family residential
home.
(3) Houses of worship provided the following minimum cri-
teria are met:
a. The proposed site shall front on an arterial or collector
roadway.
b. Parking and service areas shall be located to limit ad-
`'- verse impacts on adjoining properties.
c. Building design shall be generally similar to sur-
rounding development with regard to building height,
elevation and exterior finish.
(4) Child care facilities associated with and operated in con-
junction with a house of worship located on the property.
(5) Educational services associated with and operated in con-
junction with a house of worship located on the property.
(Ord. No. 84 -0 -23, § 1, 11 -5 -84; Ord. No. 87 -0 -23, § 2, 11-
2-87; Ord. No. 92 -0 -4, Pt. C, 4 -6 -92; Ord. No. 94 -0 -08, Pt. B,
4 -4 -94)
a :
`� ''' (d) Dimensional requirements:
s
t (1) Minimum lot size:
} i }
i Area: 12,000 sq. ft.
` r ` Depth: 120 ft.
h C
L r ' f Width: 100 ft.
(2) Minimum yard size:
Front yard: 40 ft.
Rear yard: 30 ft. from high water mark.
Supp. No. 37 1550
APPENDIX A— ZONING § 602.03
Side yard: Ten (10) per cent of lot width with a minimum of
10 feet, except corner plots with a side street setback,
a minimum of 30 feet. When a building exceeds one
story in height, the minimum side setback shall be
increased by five (5) feet for each story added.
(3) Maximum building coverage: The total area covered with
buildings on any lot shall not exceed thirty (30) per cent of
the total lot area.
(4) Maximum building height: Thirty (30) feet above the base
flood elevation established by the Federal Emergency Man-
agement Agency.
(5) Minimum floor area requirement: Thirteen hundred (1300)
sq. ft. per dwelling unit, excluding Florida Shores. (Ord.
No. 1024, § 1, 9- 25 -78; Ord. No. 86 -0 -8. § 1, 4 -7 -86; Ord. No.
93 -0 -08, Pt. B, 6- 21 -93)
(e) Off-street parking: Off-street parking shall be provided as
required in Article VII. Section 700.01.
(f) Signs: The following sign types are permitted in the R -1A
""ur district provided they meet the requirements of the Edgewater
Sign Ordinance [Ch. 3 of Code]:
Construction
Development
Directory
Real estate
Subdivision
[Sec. 602.03. Same —] R -1B Single - Family Residential dis-
trict.
(a) Permitted uses: Facilities owned and operated by federal,
state, county or municipal government; playfields; playgrounds;
public parks; recreation buildings; single - family dwelling units in
Florida Shores only; family residential homes provided that such
homes shall not be located within a radius of one thousand (1,000)
— w feet of another existing such family residential home and pro- •
vided that the sponsoring agency or Department of Health and
Supp. No. 37 1551
•
- 80 54' 36 ". 28 59' 9"
NSON DR
■
EvvRGR
VA -0396
1.
NE
2
'A
.O
O
• m
0 2
- o 'P
G
L _
tt‘ \j' �
f•• • ject Property ° t a
Intracoastal
-p
r.
r
, �
lii
*4 11✓
OA
l G
�` P P R\c r''' PO mLp
0 FF o
,0 .,
3 L
P'
ttt� 500 ft �PP� 80 54' 04 ", 28 59' 25"
Precision Mapping, Copyright 1995,96, Just Softworks Inc., Portions Copyright 1992 -1996 TRIUS.Inc.
r.re"
9b2o - d\
•
\ N
. o
\ .
w
J
Q \ U
\ (/) .--A
\ \
\ \
\
\\ �\\
\ \ \ F \ \ \
/
\\
B 1 \,
\
NNW Noe
I.` z
t - ;•
(..c.) (j,)\ •,..
:.: , • • '1 yi.22-2. - - I ---
GO• CAA _ .-----_
, 1
' , --•------- --*
.------ . -
P3d1rai\IA I / .1 1 I
• 1
' locre-, roar Pcl•J C'i • .611.9M4' 91 )11z:iv, 1..
, 1 ,,,, • ....Q4 -- 6r,:-._ 1
-- t • ____________
.. . 7,
_. -_ ---- ---L-----------TT; l ' Ej i ‘21)Vi' , j. .."‘ ;).: ' '-'.---%--S-7--7-1".1.•fa :T2 ...._ •-• •---- _______________________
I, . r , n
,,. .,.,,. . 7 ----)) .
sl-,- [ :1i- ,..,.. ,,,, ,,,, . L„ --/
----. ••••••C•)(■ - -'•-...- - 00 CCA
'
. ,, ra q ■
. / . . , —
. ." ---- - ' ---- 1....,,:,:nn., 19.DVP7r,
• . • ` '- - •--- i . • I-, -.‘---------N fl"..N 1
• - ( .. . .
• ', , \
1 • \ / :. /
nR :
- . -. r i I • ; - . . ,. .131 1 • • • , , n
-,--L- :..:•-,-F! , . , I. • \ .
: . : '''-'1 ili ■‘:}1.- 5..,,- 0 -
.. . 1... 2 ,-.: . „_:,..,,• . .._..„/ . • , --,-.. ‘.gE ._
...,,,, 4. •;-:-‘ i* ' (..,,,... ; i
. , S‘ .1' -,-\', , .1 • • • , • I . . y %.'. 6 , ? ., __.
' 1. ' . .1 • . ' ',.... : • • G 7 1 f" '
V . 5 4 . \l‘ c. r---
. • . . • i' ; •
•
L' 'P• ':I.Av'. • • i ' . . .
• _a I
• , / — .•
•, ,-
4 .,._,......- 1 .
$ • / g 1
, • • .i
/. . ,
` 1 i II. I • ' I
.■ ,,'
r . : • k 1• . . • ,
-•.-, c- • , / .
7 - - • r , I
,
' 1: - • - •.I r
. c,^
– I - • . •. 1 .
...
– ,
:•i. . l`i.‘i - \z - vio" '-. ! • (:- J.. I
.GV . I
•• \., ; . , ■-
L ' ,4 c 1..“,
:1, )1.. r\ \ I - . T. • %
,,.,.
I• , I
,
, • • ,JI t II 6 • .. I
...• , , 4 1 .,, • I
, ' s ?'• . . n . 1 : \ \ c
4
. .
. - . .. . .-
L_Y i .1r . • ., ,. , 5 \ . r-
.•-•.- re 1 ---...-- .1 ;
`1 ,•,... :; - L.- L-‘r
L-t t.....-
,- \ \\ - .,-- - - -- - k: ',.._t.. J l
.-1:1
t \ I ` • ' ( t I \ \ \ ( ' 4.1 s - I - II- 3 !• Lii, IIv I ( .1) I 7 C. ; ....7 ."•--- ,
i - 7 r
i , i J ; ,--,
\
\ \
\ 1
r
.
\ \ \
p- I
', ,,,,,..„. ,.•.: H .' ', •,.-
. „ ' ,:.••+•. Z.._ ; 4-
• , . -°•.. sa....,,,
V ..-''.; il - z 3 - " ,j. i; 5 -, '-... 5 1/ .., • ...
E..r. --.■`°. \ , --..:-... ,,,,. - --- • - ....Cie. I 7 ,
„...i —• Z.•,,, W" I
Lc•-t J•'0'‘ 1 ' q
.,.7.5 (-11 • , . , (- '-,:,....17-. ---. __ '-- I
• .:' . , 3.s.t ,s, , 1.,--,-„,.....„ . .:',',..-
. r. -Is . E. ...F.;) ,,, --...• ye----_-----
t 0 ---= E ----' , 07 . -1 - , C - - - -_,..-.. f• I -
-- .. c - r•-•_ ---,. ---' -- ------- 85 ' I 53
..t ei , - ,--...„....„,_ `.•( t.,..„,
-„,,,?•-•_7,
,I, c; - 4 ,•_. 1•••• .),.. -.
- : •-•'• ' ‘-kty,................,,
--..-..---... N T
/ *
!IN E.-■3 ' \ ''% .i : '.. \ .-,"-.-....:::-Z--,;)
'--"- ■_ ! / t 1 E 1
. ...- i". •=1,„
, . 7 ;
• ••
.. ,r. q. I
.r
c ,,, 6 • I
e- '
r , , .I • I
0 • „ '7'
9; r-r■ <
:: c •
• .t! :,`, ;1; I
,„ ,D. ) •-, f .-4Z
i •••s , --\ ..._, Z I
u
-u' C7
(/ I
r ' (` t
.); 1
■,, .
•,
\
1 TA
0 ,
\..
\ -.d.--
- ---7 il
U4 v. /
. I
. .,' ..._•,.
c> , I
rn i s .
/ , 1
__ — — —7
/ . _ _._ ,
____. -- —
). -) ,,z Leo,,c1) c 9 ! ... •
co .
up ,
ID .
1 . . . . • (7
. 00 on ••••
...
–
n
. z
378..
LEGAL ADVERTISEMENT
CITY OF EDGEWATER
NOTICE OF PUBLIC HEARING
REGARDING APPLICATION
FOR A VARIANCE
`•otice is hereby given that the Land
Development and Regulatory Agency
of the City of Edgewater. Florida, will
hold a public hearing on Wednesday,
December 11. 1996, at 6:30 p.m. or as
soon thereafter as the matter may be
heard in the Community Center 102
N. Riverside Drive, Edgewater, Center,
ida, to consider an application for a
variance regarding property at 115 N.
Riverside Drive. Mr. 1 erdinand and
Mrs. Joanne Heeb are requesting a
variance from the requirements of
Section 602.02(c1)(2) of the Edgewater
Zoning Ordinance to allow an en-
croachment into the required front
and side yard setbacks of their prop-
erty to erect a carport over an exist -
ing concrete pad. Additional
information may be obtained from
the Department of Community Devel-
opment, 139 East Park Avenue
Edgewater, Florida. All interested
persons are invited to attend. If any
person decides to appeal any decision
made by the Land Development and
Regulatory Agency with respect to
any matter considered at such hear- -
be in proceedings event g ,s such person may need to ensure that a ver-
batim, record of the proceedings is
made, which record includes the tes-
timony and evidence upon which the
appeal is based. In accordance with
the Americans with Disabilities Act,
persons this ) hearing should contact
the City Clerk at (904) 424 - 2407.
'r Mark P. Karet
Director of
Community Development
Legal L26449. November 27, 1996 it.
CITY OF EDGEWATER
Land Development and Regulatory Agency
Regular Meeting
Wednesday, December 11, 1996
6:30 p.m.
Chairman Masso called to order the regular meeting of the Land Development and Regulatory
Agenc at 6:30 p.m., December 11, 1996 in the Community Center, 102 N. Riverside Drive.
ROLL CALL
Members present were Mr. Fazzone, Ms. Lichter, Mr. Moncure, Mr. Garthwaite, Ms. Agrusa,
Mr. Hildenbrand and Chairman Masso. Also in attendance was Mark P. Karet, Director of
Community Development, Krista A. Storey, City Attorney and Sondra M. Pengov, Board
Coordinator.
APPROVAL OF MINUTES
A motion was made b Mr. Garthwaite to approve the minutes of October 30, 1996 and
"— seconded by Mr. Moncure. Motion CARRIED 6 -0. Mr. Fazzone was absent from the October
30, 1996 meeting.
NEW BUSINESS
Public Hearing - VA -0396 - Ferdinand N. & Joanne M. Heeb, 115 N. Riverside
Drive
Chairman Masso opened the public hearing and informed the Board that the applicant would like
the Board to personally visit the propert for illustration purposes. Ms. Storey informed the
Board members that no discussion whatsoever could be had between the members while viewing
the site.
Chairman Masso recessed the meeting at 6:33 p.m. The meeting resumed at 6:45 p.m.
Chairman Masso asked Mr. Karet to give staff's report. Mr. Karet said the applicants wish a
variance from the zoning ordinance to erect a steel carport in the required front and side y ard
setbacks on their 1.19± acre parcel. Mr. Karet informed the Board that the carport would be
erected over an existing concrete pad south of the driveway. Mr. Karet said the structure would
fall completely within the required front y ard setback and 8.25 feet into the required side yard
setback. Mr. Karet stated that staff reviewed the applicant's request in association to the six
Land Development and Regulator Agency
Regular Meeting
December 11, 1996
1
criteria that must be met to justif granting a variance.
Mr. Karet concluded sa that staff found the applicants had failed to meet criteria A, 8, E and
F. and recommended the LDRA den the applicants re
Chairman Masso asked the applicant for his comments.
IVl Heeb, 115 N. Riverside Drive: Mr. Heeb said the previous owners created the propert as seen
and doesn't feel it is reasonable to put the carport on the no side of the property. He described
the construction of the carport and stated it meets all code requirements. Mr. Heeb also said he
his spoken to his surrounding neighbors regarding the carport and the had no objections and
wrote letters to the Cit stating so.
Chairman Masso asked if an in the audience had comments. There being none, he asked
the Board for their comments.
Mr. Hildenbrand stated he felt this t of structure would devalue surrounding property.
Mr. Garthwaite said the project should be built according to the required setbacks, of which Mr.
Fazzone also agreed.
Nuar
Ms. Lichter in whether other locations on the property had been considered.
Mr. Heeb replied that other areas had been considered, but he would like to utilize the existing
parking pad and explained that it is hidden from view.
Mr. Moncure agreed the location over the existing pad is the most appropriate location. He stated
he has no objection to the re
Mr. Garthwaite asked Mr. Karet if allowing the re would be setting a precedent. Mr. Karet
replied that each variance is individual and granted on its own merit.
There was discussion on the visibilit and aesthetics of the carport. Ms. Store reminded the
Board the Cit has no criteria on aesthetics.
Mr. Fazzone said he didn't agree with the location proposed as the required setbacks aren't being
met.
Mr. Garthwaite said he felt codes should be adhered to as the carport could be located elsewhere
on the property.
Land Development and Regulatory Agency
Regular Meeting
December 11, 1996
After concluding discussion, Chairman Masso asked for a motion. Mr. Fazzone moved to den
the request based on four of the six required criteria (A, B, E & F) were not satisfied, seconded b
Mr. Garthwaite. Motion CARRIED b a 5 -2 vote.
Public Hearing - VA -0496 - Holiday Builders, Lots 3226,3227,3228 & south
one -half of lot 3229
Chairman Masso asked Mr. Karet if request VA -0496 and VA -0596 would be heard together.
Mr. Karet said the facts of the cases are similar and the comments from VA -0496 will be
incorporated in VA -0596. However, two separate hearings for voting purposes are required.
Ms. Store reminded the Chairman that if an member of the Board viewed the property or had
contact relating to the property must disclose such for the record. Chairman Masso inquired
whether an members had an contact regarding the property. Mr. Moncure and Ms. Lichter
replied the had visited the property, but had no contact with an
Mr. Karet then gave staff's report. He said the applicant wishes to procure a variance from the
zoning requirements to construct a residence on a 140 foot wide parcel. The R -1B, Single
Famil Residential District establishes a minimum lot width of 160 feet for parcels adjacent to
Indian River Boulevard. Mr. Karet said the parcel is nonconforming because the applicant
purchased onl 3 1 /2 lots from the seller, resulting in a sale prohibited by the Land Development
Code and the zoning ordinance. Mr. Karet commented that the seller retained 20 feet of the lot
adjacent to Indian River Boulevard in anticipation of its purchase by the Florida Department of
Transportation, consequentl the purchaser can not obtain a permit to build on a
nonconforming lot.
Mr. Karet stated that staff reviewed the applicant's request in regard to the six criteria that must
be met to justify granting a variance. He said staff found the applicant failed to meet criteria C
and F and recommended denial of the request.
Chairman Masso questioned how the purchaser bought a lot on the word of the seller. He felt the
Cit should have been consulted as to whether the parcel was buildable. i'vlr. Karet explained his
understanding of the sale.
Chairman Masso then asked for Board comments. Mr. Garthwaite asked Mr. Karet if other
propert owners had been allowed to build on Indian River Boulevard with the same problem as
the applicant. He said this particular seller /home builder has acquired permits from the Cit for
conforming lots, then upon selling the home(s) he would retain 20 feet of the lot on Indian River
Blvd. Mr. Karet said no permits have been issued b the Cit for construction on lots not
meeting the required criteria.
Land. Development and Regulator Agenc
Regular Meeting
December 11, 1996
3
RESOLUTION NO. 97 -R -02
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EDGEWATER, FLORIDA, GRANTING /DENYING A
VARIANCE FOR PROPERTY LOCATED AT 115 N.
`tom' RIVERSIDE 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. Ferdinand and Joanne Heeb applied for a variance from the
requirements of Section 602.02(d)(2) of the Edgewater Zoning
Ordinance to erect a structure which would be located within the
required forty (40) feet front yard setback and which would
encroach 8.25 into the required ten (10) foot side yard on the
property described below located in the R -1A, Single Family
`fin Residential District:
Filled, semi - submerged and submerged lands extending 370
feet East of Riverside Drive, a 50 foot right -of -way as
now laid out, of the North 240 feet of Lot 4 -L lying
south of Lamont Street, except the North 100 feet as
measured along Riverside Drive, ALVAREZ GRANT, as shown
on map in Map Book 3, Page 137, Public Records of Volusia
County, Florida, also known as the following: Filled,
semi - submerged and submerged lands lying Easterly from
the South 140 feet of the North 240 feet South of Lamont
Street of Lot 4 -L, Alvarez Grant, as recorded in Map Book
3, Page 137, of the Public Records of Volusia County,
Florida described as follows: Commence at a point on the
East R/W of North Riverside Drive, a 50 foot R/W as now
laid out and monumented where it is intersected by the
Easterly prolongation of the South line of Lamont Street,
a 50 foot R/W as now laid out; thence S 27 °57'25" E along
the Easterly R/W of said North Riverside Drive, a
distance of 100.00 feet for the Point of Beginning;
thence N 66 ° 45'55" E a distance of 370.00 feet; thence S
27 ° 57'25" E a distance of 140.00 feet; thence S 66 ° 45 "55"
W a distance of 370.00 feet to the said Easterly R/W of
North Riverside Drive; thence N 27 ° 57'25" W a distance of
140.00 feet to the Point of Beginning.
2. On December 11, 1996, the Land Development and Regulatory
Agency (LDRA) held a public hearing on the application and denied
the requested variance. Pursuant to Section 1011.04 of the Land
Development Code, on January 8, 1997, the Heebs filed a written
request appealing the decision of the LDRA.
3. On March 3, 1997, the City Council held a public hearing
on the application after publishing notice of such hearing in The
News - Journal on February 19, 1997, and notifying by mail all
property owners who own real property directly affected by the
97 -R -02
proposed action and all property owners who own real property
within 500 feet of the subject property.
3. After consideration of the testimony presented during the
public hearing, including staff comments, the decision of the LDRA,
the statements of the applicant and the criteria for granting
variances set out in Section 1011.02 of the Land Development Code,
the City Council has made the following findings of fact:
a. The variance requested arises /does not arise from a
condition that is unique and peculiar to the land, structures
and buildings involved in that XXX.
b. Strict compliance with area, setback, frontage, height,
bulk, and /or intensity requirements would /would result in
unnecessary hardship for the applicant as distinguished from
restrictions imposed by the Land Development Code on all other
property in the same zoning district in that XXXXX.
c. The condition is /is not the result of the actions of the
applicant or property owner in that XXXX.
`rr.
d. Granting of the variance will /will not create unsafe
conditions nor other detriments to the surrounding properties
or public welfare.
e. The variance requested /granted is /is not the minimum
variance that will make possible the reasonable use of the
land or structure.
f. The variance desired will /will not be opposed to the
general spirit and intent of the Land Development Code or the
City of Edgewater Comprehensive Plan in that XXX.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Edgewater, Florida:
Section 1. The variance request of Ferdinand and Joanne Heeb
to erect a structure which would be located within the required
forty (40) feet front yard setback and which would encroach 8.25
into the required ten (10) foot side yard on the property described
above shall be granted /denied.
Section 2. All resolutions or parts of resolutions in
conflict herewith be and the same are hereby repealed.
Section 3. This resolution shall take effect upon its
adoption.
After motion by XXXXXX and second by XXXXXXX, the vote on this
resolution was as follows:
Mayor Jack H. Hayman, Jr. XXX
No' Councilman Danny K. Hatfield XXX
97 -R -02
Councilwoman Louise A. Martin XXX
Councilman Mike Hays XXX
Councilman David L. Mitchum XXX
PASSED AND DULY ADOPTED this XXXX day of XXX, 1997.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
Susan J. Wadsworth, CMC Jack H. Hayman, Jr.
City Clerk Mayor
APPROVED FOR FORM
`ow AND CORRECTNESS:
Krista A. Storey
City Attorney
97 -R -02
1-10-1997 2 : 49PM FROM HOLIDAY BLDRS /DELT 407 8802724 P_ 1 6 2.
HOLIDAY
rr I LDERS
January 10, 1997 yr' t • - ' - _• 4 4444
RECEIVE
JAN z 1997
City of Edgewater C,7'y
Land Development and Regulatory Agency MANA
P. 0. Box 100
Edgewater, Florida 32132 -0100
Attn: Mark Karet
Dear Mr. Karet, Re: Lots 3226, 3227, 3228 & S 1/2 of lot 3229 and
Lots 1558, 1559, 1560 & N 1/2 of lot 1557,
Florida Shores Subdivision
With regards to the above mentioned lots I would like to appeal the L.D.R.A's
decision on December 11, 1996, to issue a variance to construct a single family
residence on each of the lots. I would like the council to reconsider the decision
i„„► and allow me to build on 2 or 3 of each of the 3 1/2 lots, which would still meet
all of the city setback requirements.
The individual who sold the lot to me, took advantage of the situation and I trusted
his judgment without verifying to see if subdividing the lots would be acceptable.
I have since learned from this mistake, and feel he should be punished and not
myself for wanting to add to your community.
I would truly appreciate a reconsideration of your decision, but regardless I will still
continue to build in the city of Edgewater and respect your final decision.
Sincerely,
ivt
Edward Wire
Project Manager
01/10/97 15:55 TX /RX NO.3453 P.001
LAND DEVELOPMENT AND REGULATORY AGENCY
INFORMATION SUMMARY
CASE # VA -0496
PROJECT NAME: Southeast Corner of Needle Palm Drive & Indian River Boulevard
APPLICANT /AGENT: Holiday Builders, Edward Wire
OWNER: Holiday Builders, Edward Wire
REQUESTED ACTION: Variance from required lot size
PROPOSED USE: Single Family Residential
LOCATION: Lots 3226, 3227,3228 & south one -half of 3229
AREA: 0.40+ acres
'fir EXISTING LAND USE: Vacant lot, Single Family Residential
FUTURE LAND USE: Low Density Residential
ZONING DISTRICT: R -1B
SURROUNDING AREA
EXISTING LAND USE/FUTURE LAND USE /ZONING DISTRICTS:
NORTH: Single Family Residential/Low Density Residential/R -1B
SOUTH: Single Family Residential/ Low Density Residential/R-1B
EAST: Vacant Single Family Residential Lot/Low Density Residential/R-1B
WEST: Vacant Single Family Residential Lot/Low Density Residential/R -1B
Applicable Section(s) of Code: Section 602.03(d)(3) of the City of Edgewater Code of
* low Ordinances and all other applicable regulations associated with the variance process.
/smp
c:Udra 1996\info.sum \va0496
MEMORANDUM
`"""' TO: Land Development and Regulatory Agency
FROM: Mark P. Karet, Director of Community Development / /` /C
DATE: December 5, 1996
SUBJECT: VA- 0496/Variance
Applicants - Holiday Builders Inc. /Edward Wire
Request:
The applicant wishes to obtain a variance from Section 602.03(d)(3) of the zoning
ordinance to construct a residence on a 140 foot wide parcel. Section 602.03(d)(3)
establishes a minimum lot width of 160 feet for parcels adjacent to Indian River
or Boulevard in the R -1 B, Single Family Residential District.
Background:
The applicant purchased a vacant .40 + acre parcel located at the southeast corner of
Needle Palm Drive and Indian River Boulevard in September along with 2 other
properties. The parcel measures 140 feet wide and 125 feet in depth. The applicant is a
homebuilder, but cannot obtain a permit to construct a home. The parcel does not meet
the minimum lot size requirements for a buildable lot adjacent to Indian River Boulevard.
The parcel is nonconforming because the applicant purchased only 31/2 Florida Shores
lots from the seller. Each of these lots measure 40 feet in width. The seller retained 20
feet of the lot immediately adjacent to Indian River Boulevard in anticipation of its
purchase by the Florida Department of Transportation.
The sale as described above is prohibited by both the Land Development Code and the
zoning ordinance. The transaction improperly subdivided the land resulting in the
creation of nonconforming parcels. Copies of the relevant code sections are attached.
limpr
Staff Findings:
Section 1011.02 sets out 6 criteria that must be met by the applicant before the LDRA
can grant a variance. Staff has reviewed the applicant's request in relation to these
criteria. The criteria and staffs responses are presented below:
A -) The variance requested arises from a condition that is unique and peculiar
to the land, structures, and buildings involved and is a condition that is not
ordinarily found in the same zoning district.
"�► The parcel of land is not typical because it does not meet the minimum lot size
requirements for a location along Indian River Boulevard. The parcel's width
measures 140 feet instead of the required 160 foot minimum width.
B -) Strict compliance with area, setback, frontage, height, bulk, and /or
intensity requirements would result in unnecessary hardship for the
applicant as distinguished from restrictions imposed by this code on all
other property in the same zoning district.
Strict compliance with the minimum lot size requirements would prohibit the
construction of a residence on the property.
C -) The condition is not the result of the actions of the applicant or property
owner.
The applicant was responsible for the reduction in the parcel's size. The applicant
purchased Tess than the minimum amount of land necessary to obtain a building
permit.
`err
D -) Granting of the variance will not create unsafe conditions nor other
detriments to the surrounding properties or public welfare.
The granting of the variance will not create an unsafe condition or significant
detriment to the surrounding properties. The applicant will be able to locate the
residence 60 feet from the Indian River Boulevard right -of -way.
E -) The variance is the minimum variance that will make possible the
reasonable use of the land or structures.
Granting a 20 foot variance to the minimum lot size requirement is the minimum
amount necessary to allow issuance of a building permit.
F -) The variance will not be opposed to the general spirit and intent of this
code and the City of Edgewater Comprehensive Plan.
The Land Development Code and zoning ordinance prohibit reductions in lot
sizes below the minimum requirements and the improper subdivision of land. The
variance process is intended to provide help for individuals who have difficulty
making a reasonable use of their land through no fault of their own. The process
is not intended to legitimize the prohibited actions of applicants.
2
Recommendation:
Staff finds that the applicant has failed to meet criteria C and F. Staff recommends that
the LDRA deny the applicant's request for a variance from Section 602.03(d)(3) of the
* a'iv zoning ordinance.
r
4 pr�11
1, (�
/
f. /
7 ,,
c:wpwin \wpdocs \va0496.mem
Noy
3
•
• APPENDIX A— ZONING § 602.04
(d) Dimensional requirements:
(1) Minimum lot size:
Area: 10,000 sq. ft.
Depth: 125 ft.
Width: 80 ft.
•
(2) Minimum yard size:
Front yard: 30 ft.
Rear yard: 20 ft.
Side yard: A minimum of 10 feet, except corner plots or lots
with a side street setback, a minimum of 30 feet.
(3) Special exceptions to dimensional requirements: All
building lots adjacent to either side of Indian River Boule-
vard shall have a sixty (60) foot setback from the boule-
vard; therefore the minimum lot size shall be one hundred
sixty (160) feet wide and one hundred twenty (120) feet
deep.
(4) Maximum building coverage: The total area covered with
• buildings on any lot shall not exceed thirty (30) per cent of
the total lot area.
(5) Maximum building height: Thirty -five (35) feet above fin-
ished grade.
(6) Minimum floor requirement: Thirteen hundred (1,300) sq.
ft. per dwelling unit.
(e) Off parking: Off- street parking shall be provided as
required in Article VII, section 700.01.
(f) Signs: The following sign types are palliated in the R -1B
district provided they meet the requirements of the Edgewater
•
Sign Ordinance [Ch. 3 of Code]:
•
Construction
Development
Directory
Real estate
Subdivision •
*oft" [Sec. 602.04. Same —] R -2 Single - Family Residential district.
(a) Permitted uses: Facilities owned and operated by federal,
state, county or municipal government; playfields; playgrounds;
•
Supp. No. 37 1553 •
1
CHAPTER 5
SUBDIVISION AND PLATTING PROCEDURES
Section 501. Subdivision and Platting Requirements
501.01 General Procedures. The subdivision and platting
requirements of this Chapter establish procedures for the
preparation, review and approval of a preliminary record
plat, construction plans and a final record plat. This
Chapter also establishes a simplified process for the
review and approval of minor replats and lot splits.
501.02 Exceptions to Platting Requirements. The only exceptions
to this platting requirement are:
A. Division of land into parcels of not less than 10 acres
l each where no new streets or easements of access are
planned to be dedicated and accepted by the public.
Deeds and other conveyances shall include in red, ten
1 point type, the following statement: "NO GOVERNMENTAL
AGENCY, INCLUDING THE CITY OF EDGEWATER IS RESPONSIBLE
FOR THE MAINTENANCE, UPKEEP OR IMPROVEMENT OF ANY PRIVATE
DRIVES, ROADS, STREETS, EASEMENTS, OR RIGHTS -OF -WAY
PROVIDING INGRESS AND EGRESS OR DRAINAGE SERVICE TO THE
PROPERTY HEREIN CONVEYED."
J err B. The conveyance of land to a federal, state, county, or
municipal governmental agency, entity, political
subdivision, or a public utility.
C. Conveyance of land to another without division.
( 501.03 Model Home Construction. The Director may by agreement
allow a building permit(s) for a maximum of four (4)
residential units to be issued after approval of a
preliminary record plat and construction plans but before
approval of a final record plat, provided no certificate
of occupancy is issued prior to recordation of the final
plat.
Section 502. Review of Applications for Preliminary Record Plat
and Construction Plans
502.01 General Procedures.
A. An application for preliminary record plat and
_, construction plans approval shall be submitted to the
Department of Community Development in the form
established by the Director along with a nonrefundable
fee as established by resolution of the City Council.
(code /chapter,$)
December 7, 1994 5-1
•
.o 0 >1 . 0 c; C 0 ' r U% c C .� G '� C cC • .v 0 C 0 o c.. , . t•. n G s •C X U C cr.
o ,, v G 0 �, 0 o v. +, o a.. c +, = c ', c-.) + a cn
c'1 ^' U, U v O w C C U: 1) C }C O O O U O ( Cl) 4,
l , v: y • '.� U U .L) a/)' 0 Q. 0 0 - , -0 0 0 be .- . U U c4, .r,V .; O
4 _, r 1G C . � r � ' � s° O CC 4-' C U " r o
E o bf.,
+^C O , � � , c3 c+ -O 0 ^ 0 E F 5 O u, 0 +, a, C :- Cr,' " ,.- O ° a •
+, := 5 o r o 0 C a 0 u 0. 0 O .4, U,m a c3 -O > ° d r >- - 0 c.>
r
CID v ° U ° r c o° c 3 a G _C bt C c, o sj 0 cc ' o
a p w p v Q R C bD s 0 u 0 4 -' a) a 0 c)
Z +' u _ � + C • 0 ;- .-. 0. -0 - 0. a s a 0 c +' c U ' 0 U
. c• O cz) U
0 a)
C )•-, i~ C a o v C o i t c '
a a r ' CU 0
I E . o ' ° o CD s a. ° 0 y v, y O ,.C: . s a ° o N
< a. c s o .--' C s, o r 0. o s, +, +, +, 4 v • b m r
Y, cc v +o, U 0. c o o 0 • c = - O a,.0 p o 0 ' ° c ° •:, . . a v CA
`' a0, , 0 o - o ° o v + .x ° o
Q .CU C + o m 0 c) 0 0 o +, a '_' y ,..., be C 0 0 0 r
W 0 >., � t,G 0 • 0 0 (3.) 0, 0 m $, 0 •7) a o. -C 3 C c v O. s... ^ ci
a 0 '° s. a. - 4.-, + o +, a - u „ .0 c) • 0 . 6 0 c i a 0
r • 0 0 Cr) 0 0 v o 0 0 y 0 .G 0 0- o- E 0 •y o c b a n
: o v -o s; ti >, 0 • 0 E 0 x ° c. ... 0 a) - o ^ E 0 7:5 cc s,
c.-. X u a E 0 0 u u, 0 0 0 . o V o U P . - o • '
�v. ' in c3 ' o cJ 0 0 0 x . c o ' 6' c3 v Q, t 0 •= o . c - 0 0 00. 0
,-. O '6 . ' - 0 - ° 0 3 0 4' 0 0 . 5 c3 0 C) F 0 +' -C . ° U •. C a b.° ¢ 0
Cr
0 A e' 0 0 Q --0 o - p ° O -4-> cn o o H V v 0 a 0 . .0 . ti a • al 4 :
c
O O cn cC c . + ` *, +, -> u v, a F, >, M -8 O E-1 o f a . E� a, Q -w ..0 Ei O c
- O co C) 0 O . • F. C" a) co U c U c S3 O p C., r--. O o Z
o U
0 ° U 0 � • > U 0. O U QS s C • z ,- @ .V G
1 G' U) o 0 . ,_ _0 -0 & X X O m c; 4, X) .0 a, 0 U +, +, a - 0 3 v:
c) < . a. m bD
. O 0 � , v � � . U O U G •- U 0 0 U
• 'C 0 U a
v, 7
cn X ti m U CO ° o g p o E 0
+, m +, J.
8
W a) i , o 0 [ y ��� , ° o o u g o of ,.Q y to
X U U . r cCS CC b a) a i. a O
Q p --, - . ti +, o YS 0 0 0 o 0 0 0 • 0 c, a 0 0
v '�s.a)o c., to .� .a a °�'o 0 0 ` 0 0
Q q j o, N -N v) s. ° a' o a) o c0 4. 0 0 c G . 0 -0 0 b.0 0 g al
o - to a) a) a) 0 U o a 4 '' C) t, -0 a) .9 A U E C4 +�, by 4U-, • G o .a .0 p co 3 .• ••-. O 0 U 0 -ts s, +. a , d [
A L b o 'ti t y 0 cJ c m ' � a' 0 of a) a) 0
'
b0 o O : a a 0 0 0 > 0 w U 0 F' • ti t
• o - 0 a.) a ° o a 0 0 o c - o ° o ° a c, �f ° ° 0 o
o - 0 U ° .
" - •i -" 0 0 0 0 � s. 0 N s- cn o. cn o • s,
c 0 p x s. c) E-� E -∎ E-+ E� ›•, 0 0 o 0 , a) o c
0 cd
o M -O ca 85 a) c.O. co .O 'c] 0 •-4 co a. bD a) "Cy 0 •. u) M > .0 E z
O 1, -O O 1 '> O- y U U 0 •.-4 U
° o z 0 N 0 '� CU cd a L7 ro p Z c a d t Z aS •^ n
co g w: 0) 0. p y 0) cd a. U1 O c .- U a' CJ] in CT v)
•
B. Damage or Destruction - If a structure housing a
nonconforming use is damaged or destroyed to the extent
of fifty (50 %) percent or more of the assessed value of
the structure, then the nonconforming use of the
structure may not be restored.
Section 1003. Nonconforming Structures
rirr 1003.01 Authority to Continue. A permitted use located in a
nonconforming structure may continue in accordance with
the provisions of this Section.
1003.02 Ordinary Repair and Maintenance. Normal maintenance and
repair of nonconforming structures may be performed.
1003.03 Expansions. Any expansion of a nonconforming structure
shall be in conformance with the provisions of this Code.
This shall not prevent expansion as long as the
nonconformity is not increased. A nonconforming
structure may be altered or enlarged into a required
setback which already contains an encroachment as long as
the existing setback is not reduced further.
1003.04 Relocation. A nonconforming structure that is moved
shall thereafter conform to the requirements of this
Code.
1003.05 Termination Upon Damage or Destruction. Any part of a
Nav nonconforming structure that is damaged or destroyed to
the extent of fifty (50 %) percent or more of the assessed
value of said structure shall not be restored unless that
part conforms to the provisions of this Code.
Section 1004. Nonconforming Lots of Record
1004.01 Legally Nonconforming Lots of Record. Any lot created
prior to June 17, 1974, shall be considered legally
nonconforming if the lot has a width of at least forty
(40) feet and an area of at least three thousand six
hundred (3600) square feet. Any lot created between June
17, 1974, and January 1, 1995, (the effective date of
this Code) shall be considered legally conforming only if
the lot met the requirements in effect as of the date the
lot was created.
1004.02 Nonconforming Lots.
A. In any district, principal permitted structures and
customary accessory buildings may be erected on any
,,• legally nonconforming lot of record or lot rendered
nonconforming through the exercise of eminent domain.
(code \chapter.10)
December 7, 1994 10 -
1
Such lot shall be in separate ownership and not be
contiguous to other lots in the same or substantially the
same ownership. This provision shall apply even though
such lot fails to meet the requirements of this Code for
area, width, depth, and frontage or any combination
thereof, provided that yard dimensions and requirements
``ear other than those applying to area, width, depth or
frontage shall conform to the requirements of this Code.
Variance of yard dimensions and requirements other than
those applying to area, width, depth, and frontage shall
be obtained only through action of the Land Development
and Regulatory Agency. If however, the lot has no
frontage as defined in Chapter 2, then proof of recorded
legal ingress and egress acceptable to the City Attorney
must be furnished before a development order will be
issued.
B. If a nonconforming lot is contiguous to another lot in
the same or substantially the same ownership, such lots
shall be considered to be an undivided parcel for the
purposes of this Code.
C. The existence of a roadway dividing a parcel of land
shall not determine whether the parcel is considered to
be two separate lots. Each portion of the parcel must
have a separate legal identity in order for the parcel to
be considered two separate lots.
`err►
(Section 1005 - 1009 Reserved)
ARTICLE 2
VARIANCES
Section 1010. General Procedures
1010.01 Purpose. The purpose of this chapter is to provide a
mechanism for authorizing variances from the provisions
of this Code. Variances are intended to provide relief,
not contrary to the public interest, in those
circumstances where as the result of special conditions
pertaining to the parcel under consideration the literal
enforcement of this Code will result in unnecessary
hardship to the applicant.
1010.02 Initiation. A written petition for a variance shall be
I Now initiated by the owner, the owner's designated agent or
any person having contractual interest in the property
for which relief is sought.
1
(code \chapter.10)
I December 7, 1994 10 -3
1
•
HOLIDAY' DIACk
•
BUILDERS
D
A: I now understand that the Edgewater building department requires four building lots to
construct a single family residence on Indian River Blvd. I purchased three and one half building
lots on Indian River Blvd. on the assumption I could construct ,a home on the lots. The owner of
the property would not sell all four lots. He was holding the one half lot that abuts Indian River
Blvd until the state purchased it from him for the widening of Indian River Blvd. I was unaware
of the building departments requirements.
B: Strict compliance's with lot requirements prohibit me from building on the lots.
C: I was told I could build on the lots by the seller of the lots. He informed me that he had built
"'r' many homes on Indian River Blvd. and there would no problem acquiring a building permit.
I have offered to purchase the one half lot from him, but he refuses to sell thinking the state will
purchase the property.
D: I would like to construct a single family residence on three and one half building lots. In the
neighborhood there are many homes constructed on only two building lots.
E: I have three and one half building lots and I would like to build a home on them.
F: I would still meet all the required building code setbacks on all four sides even though I am
only building on the three and one half lots.
Nor
1675 Providence Blvd.
Deltona, Florida 32725 .
•
CRC #o41905 (407) 574-9282 •
1 _ _-
�\O
•� 2 0 0 NO
i Imo � �
,� �� a 20
o
Q G
CO
Z
-0
7 T-5. ,..r.i,;,,,,:,„..,
; ; ns
`'G
_ +ject Pr ,•
a- A
-gy
a
0
�Z 1
s \ \1 \
■ / 1
Precision Mapping. Copyright 1995,96, Just Soltwork5 Inc.. Portions Copyright 1992 -1996 TRIOS, Inc
•
LAND DESCRIPTION: LOTS 3226, 3227, 3226 AND THE SOUTH ONE -HALF OF 3229, BLOCK 49, FLORIDA SHORES UNIT NO. 2 REVISED PLAT
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT 800K'
23 , PAGE(S) 103 _ _ ,OF THE PUBLIC RECORDS `20,2.,1V)
of VOLUSIA COUNTY, FLORIDA. / cs� LB 2555 ��* -
•
,‘,../z2 .6.,.. I C=ND y r 4 c/
(P� l / L.s Z59
S ,) — 9 J f — /4/.F. CoRNtR
--�, - -- nor s,,/ccuoeo N vZ / �99.SW N 1.07 3Z/
•
nor 3rz9 SET 1" PIPE
/ NP yrN CI^I /0013) a • NB5 i 4 ' 03 " E 124 95 1M� .44 �1 —t
• N ' PIPE N85° 14' 26" E •
125. 00' (P' v
�L — _ S. i / 2, LOT 3229 w
25. 00' ;
y o �j6 /LD /NG 3 iIi th 0T _ _
AN ,.
_ co
1 I j3.,PAL rt p
I L- C. c) *a
s otT • f— to "PALA / /Jaa. — J (sB "P //yr 00 _
co
\ I I o o o ° "PALM - r
Qm i
y 3 m b •p.,3 PAL.V1 Jp ' PALM 1 r0 Cr) C�
D 7 I o LSl Cr) N
r m T) to PALM
( h Q Q
� I L
� / 0PALM
..I 10 .Lc..) p0
Q Q 1 0 ' PAD i Z
,I0fA. -
, o I I o Z Z �' 2 Ere —
\ 2010 YIZ"PINC .-- — — Id PING
— — — — _ — 1 -- � .
�_ 3 "PEEN O
'34• /o" PA Lm 14 "PAV+I —1
k. I� I Z o
h PINE I
I n I W
'� U
-C creAK 11'0AK r-
10
13 " PAL ^9 11n 600.7
o I 411. —I0 L' FND. 5/5' B/C
F 1 l0 "PALM 12 ' o RH 144, f LB 2599
h I `kk y � r1RF f - 1 �*
vC v )� o
25• 00' N85° 14' 26" E 125. 0 (P) b' waop
(I AJJ'M Joe ° 124 B7' (M)
/ c o FcNeE) 1
1 z LS D 1/ RIC
N65°15' 52 E on /aE /
luo•v4)
s.„). ca. r-ot 321V
F ND ij,JSrE° LOT 3225, BLOCK 49
c 'A' yry ABBREVIATIONS
Y,l'.M. • Yt L'NANt MT Yf ft Yt NCF MUNUNLNf L•.M. - CUNCL',rf NUMUMLM( LILY. • ELfVATIUN CJNC. - CUMCI'ETE V,M, • VAftY MfILY
T.U.C. - PONT UN CuYVL P.tl, - YIAT NAIL A/C - AIM L C.L.f. - CHAIN Lila ti,CL f.11. _ 111E IIYVL'AN(
Y.C. • PJINa of CuLVAfNYL Ty, - TACT TYY. • TYPICAL W.F. - WJUL ftoe( M a V • MAIL L vile
Y...i, • YU/NT Uf YL vt YSC CJYVAIUYI M,Y, - NON YAVIAL U.f. - UTILITY LASt MINE C a 1 - CUYtl L CU NY It o.N. - to NCH MAYA
Y.C.0 - POINT 1/ CJMYJu MV CultvAIugf YAV. - YA1111 V.I. - PLAlMAGL CASLMLMf CAfV • CAUL/ TtLLVI1104 £1:11 YVMf. • 1'AVt NtMT
P.I. • YJINI Jf TA..Jt,CV Y. • Y'AV11/S Y.F. • fl,I1u fLUUY TOLL. • TLLLYHUNL Yj SLY r /I' - x1141 L CAP
Y.I. - YULE Of IMfI CIIUN A. _ AYC LLNGr, tl,.1. - UUtLU1NG St fl.1C1 IRA■. - TYAMSFJYNLY YAV 11.0. - IJNNV
Y.C.Y. • YCIMAMt MI CJ4Ir1UL YUINr U - VtITA ICt Mf YAL AMGLLI C.tl.S, • CUMCXLIt £LUCK $TIfUCIuYL' L.P. • LIGIIT YULE C.M.Y.- CJYYUGAIIV Nt1AL YIYL
, Y.J.L. • YJJMT UM IINL M.Y. • £AVINS YJJNt IYJ • PLAT Y.Y. • YUWt1 YULE Co.aua - PR roSFD 4'Ltv17,uN
' C.C. • Cu MYU 4t AYING Y/W - YICHf•JI -WAY IV) • MCASUrLV M.11. - NAWIULL
1.4. • Tio t.Mf tg AYING 4- • CLMILYLIME IC1 - CALCULATED f.t1. - FIELD 11661 (o.00) -ACTV,fL cLE VNY/V ^V
CERTIFIED CORRECT TO: HOLIDAY BUILDERS INC.; NATIONS BANK OF FLORIDA, N.A. ; FECE VED
FIDELITY NATIONAL TITLE INSURANCE COMPANY;
SuRViv NOTES: ABSOLUTE TITLE' AGENCY NOV 1 1 1996
1. REPRODUCTIONS OF THIS SKETCH ARE NUT VALID UNLESS CCMr,fl %• •1' °'
1 .. LEV.
SEALED WITH AND EMBOSSED SURVEYOR'S SEAL. /
?. ALL BEARING XNEJ DISTANCES SHOW �
N HEREON AKE PER THE CERTIFICATE; tl w CA`
DESCRIPTION AND ARE CORRECT AND IN AGkLt 4.ur WITH
111E FOuNU AND SET MONUMENTS AS MEASURED IN THE FIELV. LIE /(EREBY CERTIFY THAT THE A TT ACefi ° 'SKETCH OF S.1KVF %"
UNLESS OTHERWISE NOTED. OF THE HEREON DESCRIBED PROPERTY IS Ikuf AND coRREcT
3. SURVEY WAS PfkFOkiED WITHOUT Tiff BENEFIT OF AN AS SURVEYED IN THE FIELD uNDEk UDR D1kECT1UN 111 MAY
ABSTRACT OR OPINION OF TITLE, NO 1NSTKUMENTS OF 1996. WE FURTHER CERTIFY THAT THIS S•uoVEY NEE TS THE
RECORD REFLECTING EASEMENTS, RIGHTS Of WAY, AND/OR N1NIMUN TECHNICAL STANDARDS FOR SukvEYING IN THE STATE
OWNERSHIP WEkE FURNISHED TO THIS SuRvEYOR EXCEPT OF FLORIDA ADOPTED BY CHAPTER 61011 -6.003 OF THE FLJ/IVA
AS NOTED. ADHINISTRAT1Uf CODE. ACCOYOI TO THE NATIONAL ['LOOP
1. NO uNDER'GkOuND UTILITIES, FOUNDATIONS, OR IMPROVE- INSURANCE PROGRAM, FLOOD INSURANCE RATE ::AP IF1kw)
. l NENTS, IF ANY, 11AVE BEEN LOCATED EXCEPT AS SHOWN, - ' • COMMUNITY PANE1 NUMBER 120308-0001-c EFFECTIVE
5. BASIS Of BEARINGS: 455 U* y q 1 O , ys'3y•w DATE JUNE 4, 1990 NE THIS PROPERTY LIES IN ZO "X"
i1LodG £ Al E e .e PALM .
6. ELEVAT /DNS SHOWN HEREON AKE BASED ON THE FOLLOWING //71 •
BENCH MARX: N SS w
C/,C A
O S J//o.,/,r' FOR THE FIRM, BY ; ,L/.v' rv»,f / ./A-t
� __
PREPARED FUR: HOLIDAY U.T. HILLER
PROJECT NUMBER; 96 - 0031 - 674 ZONE X Areas determined to be outside 500 -year flood PROFESSIONAL LAND 50/60570/'
plain. • FLO /TVA REGISTRATION NURSER 4,434
v REVIS ION OWN. DATT Fri/PC f'K
SECTION 2 -18 -34 BOUNDARY T.M. ,
D.T. 11.121 & ASSOC.INC. RLc RTIr" /A0 7 M 7.3o -9b
}'R01 10N,11, SURYk.'Y0R ?r AI APPI:R t
\ 45 gs2szsz\—\Q___
LEGAL ADVERTISEMENT
CITY OF EDGEWATER
NOTICE OF PUBLIC HEARING
REGARDING APPLICATION
FOR A VARIANCE
Notice is hereby given that the Land
Development and Regulatory Agency
of the (atv of Edgewater, Florida, will
hold a public hearing on Wednesday,
December 11, 1996, at 6:30 p.m. or as
soon thereafter as the matter may be
heard in the Community Center 102
N. Riverside Drive, Edgewater, Flor-
ida. to consider an application for a
variance regarding property at 18.15
Needle Palm Drive. Mr. Edward Wire
of Holiday Builders, Inc. is request-
ing a variance from the dimensional
requirements of Section 602.03(d)(3) of
the Edgewater Zoning Ordinance to
allow for the construction of a single -
family residence. Additional informa-
tion may be obtained from the De-
partment of Community
Development 139 East Park Avenue
Edgewater, Florida. All interested
persons are invited to attend. If any
person decides to appeal any decision
made by the Land Development and
Regulatory Agency with respect to
any matter considered at such hear-
ing, a record of the proceedings may
be needed, and in that event, such
person may need to ensure that a ver-
batim, record of the proceedings is
made, which record includes the tes-
timony and evidence upon which the
appeal is based. In accordance with
the Americans with Disabilities Act,
persons needing assistance to partici-
pate in this hearin should contact
NOW the City Clerk at (904) 424 -2407.
Mark P. Karet
Director of
Community Development
Legal L26451. November 27, 1996 lt.
027891
RESOLUTION NO. 97 -R -03
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EDGEWATER, FLORIDA, GRANTING /DENYING A
VARIANCE FOR PROPERTY LOCATED AT 1845 NEEDLE
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. Holiday Builders, Inc. applied for a variance from Section
602.03(d)(3) of the Edgewater Zoning Ordinance which requires
building lots adjacent to Indian River Boulevard to have a minimum
lot size of one hundred sixty (160) feet in width and one hundred
twenty (120) feet in depth. The applicant is requesting a twenty
(20) foot variance to allow construction of a residence on a one
hundred forty (140) foot wide parcel on the property described
below in the R -1B, Single Family Residential District adjacent to
Indian River Boulevard:
Lots 3226, 3227, 3228, and the south one -half of 3229,
Block 49, Florida Shores Unit No. 2 Revised Plat
according to the plat thereof, as recorded in Plat Book
23, Page 103 of the Public Records of Volusia County,
Florida.
2. On December 11, 1996, the Land Development and Regulatory
Agency (LDRA) held a public hearing on the application and denied
the requested variance. Pursuant to Section 1011.04 of the Land
Development Code, on January 10, 1997, Holiday Builders, Inc. filed
a written request appealing the decision of the LDRA.
Nsw
3. On March 3, 1997, the City Council held a public hearing
on the application after publishing notice of such hearing in The
News - Journal on February 19, 1997, 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 500 feet of the subject property.
3. After consideration of the testimony presented during the
public hearing, including staff comments, the decision of the LDRA,
the statements of the applicant and the criteria for granting
variances set out in Section 1011.02 of the Land Development Code,
N the City Council has made the following findings of fact:
97 -R -03
a. The variance requested arises /does not arise from a
condition that is unique and peculiar to the land, structures
and buildings involved in that XXX.
b. Strict compliance with area, setback, frontage, height,
*ow bulk, and /or intensity requirements would /would result in
unnecessary hardship for the applicant as distinguished from
restrictions imposed by the Land Development Code on all other
property in the same zoning district in that XXXXX.
c. The condition is /is not the result of the actions of the
applicant or property owner in that XXXX.
d. Granting of the variance will /will not create unsafe
conditions nor other detriments to the surrounding properties
or public welfare.
e. The variance requested /granted is /is not the minimum
variance that will make possible the reasonable use of the
land or structure.
f. The variance desired will /will not be opposed to the
general spirit and intent of the Land Development Code or the
City of Edgewater Comprehensive Plan in that XXX.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Edgewater, Florida:
Section 1. The variance request of Holiday Builders, Inc. for
a twenty foot variance to allow construction of a residence on the
one hundred forty (140) foot wide parcel described above shall be
granted /denied.
Section 2. All resolutions or parts of resolutions in
conflict herewith be and the same are hereby repealed.
Section 3. This resolution shall take effect upon its
adoption.
After motion by XXXXXX and second by XXXXXXX, the vote on this
Now
resolution was as follows:
Mayor Jack H. Hayman, Jr. XXX
Councilman Danny K. Hatfield XXX
Councilwoman Louise A. Martin XXX
Councilman Mike Hays XXX
Councilman David L. Mitchum XXX
PASSED AND DULY ADOPTED this XXXX day of XXX, 1997.
w
97 -R -03
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
Susan J. Wadsworth, CMC Jack H. Hayman, Jr.
`""'' City Clerk Mayor
APPROVED FOR FORM
AND CORRECTNESS:
Krista A. Storey
City Attorney
limpe
"rr►
97 -R -03
-10 -1997 2 :49PM FROM HOLIDAY BLDRS /DELT 407 8602724 P.1 /+
HOLIDAY
,....._.. - _� BUILDERS
January 10, 1997 � , �
Name
City of Edgewater C 'TY ARANA:
Land Development and Regulatory Agency
P. 0. Box 100
Edgewater, Florida 32132 -0100
Attn: Mark Karet
Dear Mr. Karet, Re: Lots 3226, 3227, 3228 & S 1/2 of lot 3229 and
Lots 1558, 1559, 1560 & N 1/2 of lot 1557,
Florida Shores Subdivision
With regards to the above mentioned Lots I would like to appeal the L.D.R.A's
decision on December 11, 1996, to issue a variance to construct a single family
residence on each of the Lots. I would like the council to reconsider the decision
and allow me to build on 2 or 3 of each of the 3 1/2 lots, which would still meet
'`' ail of the city setback requirements.
The individual who sold the lot to me, took advantage of the situation and I trusted
his judgment without verifying to see if subdividing the lots would be acceptable.
I have since learned from this mistake, and feel he should be punished and not
xnyself for wanting to add to your community.
I would truly appreciate a reconsideration of your decision, but regardless 1 will still
continue to build in the city of Edgewater and respect your final decision.
Sincerely,
6 1A0 —/1 "
Edward Wire
Project Manager
+111r
01/10/97 15:55 TX /RX NO.3453 P.001
LAND DEVELOPMENT AND REGULATORY AGENCY
INFORMATION SUMMARY
CASE # VA-0596
PROJECT NAME: Northwest Corner of Orange Tree Drive & Indian River Boulevard
APPLICANT /AGENT: Holiday Builders, Edward Wire
OWNER: Holiday Builders, Edward Wire
REQUESTED ACTION: Variance from required lot size
PROPOSED USE: Single Family Residential
LOCATION: North one -half of lot 1557, 1558, 1559 & 1560
AREA: 0.40+ acres
EXISTING LAND USE: Vacant lot, Single Family Residential
Now
FUTURE LAND USE: Low Density Residential
ZONING DISTRICT: R -1B
SURROUNDING AREA
EXISTING LAND USE/FUTURE LAND USE /ZONING DISTRICTS:
NORTH: Single Family Residential/Low Density Residential/R -1B
SOUTH: Single Family Residential/ Low Density Residential/R -1B
EAST: Single Family Residential Lot/Low Density Residential/R -1B
WEST: Vacant Single Family Residential Lot/Low Density Residential/R -1B
Applicable Section(s) of Code: Section 602.03(d)(3) of the City of Edgewater Code of
Ordinances and all other applicable regulations associated with the variance process.
/smp
c:Udra l 996\info. sum \va0596
MEMORANDUM
, TO: Land Development and Regulatory Agency
FROM: Mark P. Karet, Director of Community Development,
DATE: December 5, 1996
SUBJECT: VA- 0596Nariance
Applicants - Holiday Builders Inc. /Edward Wire
Request:
The applicant wishes to obtain a variance from Section 602.03(d)(3) of the zoning
ordinance to construct a residence on a 140 foot wide parcel. Section 602.03(d)(3)
establishes a minimum lot width of 160 feet for parcels adjacent to Indian River
Boulevard in the R -1 B, Single Family Residential District.
Noe
Background:
The applicant purchased a vacant .40 + acre parcel located at the northwest corner of
Orange Tree Drive and Indian River Boulevard in September along with 2 other
properties. The parcel measures 140 feet wide and 125 feet in depth. The applicant is a
homebuilder, but cannot obtain a permit to construct a home. The parcel does not meet
the minimum lot size requirements for a buildable lot adjacent to Indian River Boulevard.
The parcel is nonconforming because the applicant purchased only 31/2 Florida Shores
Tots from the seller. Each of these lots measure 40 feet in width. The seller retained 20
feet of the lot immediately adjacent to Indian River Boulevard in anticipation of its
purchase by the Florida Department of Transportation.
The sale as described above is prohibited by both the Land Development Code and the
zoning ordinance. The transaction improperly subdivided the land resulting in the
creation of nonconforming parcels. Copies of the relevant code sections are attached.
Staff Findings:
Section 1011.02 sets out 6 criteria that must be met by the applicant before the LDRA
can grant a variance. Staff has reviewed the applicant's request in relation to these
criteria. The criteria and staffs responses are presented below:
A -) The variance requested arises from a condition that is unique and peculiar
to the land, structures, and buildings involved and is a condition that is not
ordinarily found in the same zoning district.
Now The parcel of land is not typical because it does not meet the minimum lot size
requirements for a location along Indian River Boulevard. The parcel's width
measures 140 feet instead of the required 160 foot minimum width.
B -) Strict compliance with area, setback, frontage, height, bulk, and/or
intensity requirements would result in unnecessary hardship for the
applicant as distinguished from restrictions imposed by this code on all
other property in the same zoning district.
Strict compliance with the minimum lot size requirements would prohibit the
construction of a residence on the property.
C -) The condition is not the result of the actions of the applicant or property
owner.
The applicant was responsible for the reduction in the parcel's size. The applicant
purchased less than the minimum amount of land necessary to obtain a building
permit.
Now
D -) Granting of the variance will not create unsafe conditions nor other
detriments to the surrounding properties or public welfare.
The granting of the variance will not create an unsafe condition or significant
detriment to the surrounding properties. The applicant will be able to locate the
residence 60 feet from the Indian River Boulevard right -of -way.
E -) The variance is the minimum variance that will make possible the
reasonable use of the land or structures.
Granting a 20 foot variance to the minimum lot size requirement is the minimum
amount necessary to allow issuance of a building permit.
F The variance will not be opposed to the general spirit and intent of this
code and the City of Edgewater Comprehensive Plan.
The Land Development Code and zoning ordinance prohibit reductions in lot
Now sizes below the minimum requirements and the improper subdivision of land. The
variance process is intended to provide help for individuals who have difficulty
making a reasonable use of their land through no fault of their own. The process
is not intended to legitimize the prohibited actions of applicants.
2
Recommendation:
Staff finds that the applicant has failed to meet criteria C and F. Staff recommends that
the LDRA deny the applicant's request for a variance from Section 602.03(d)(3) of the
New zoning ordinance.
Nov
c:wpwin \wpdocs \va0596. mem
Now
3
APPENDIX A— ZONING § 602.04
(d) Dimensional requirements:
(1) Minimum lot size:
Area: 10,000 sq. ft.
Depth: 125 ft.
Width: 80 ft.
• (2) Minimum yard size:
Front yard: 30 ft.
Rear yard: 20 ft.
Side yard: A minimum of 10 feet, except corner plots or lots
with a side street setback, a minimum of 30 feet.
(3) Special exceptions to dimensional requirements: All •
building lots adjacent to either side of Indian River Boule-
vard shall have a sixty (60) foot setback from the boule-
vard; therefore the minimum lot size shall be one hundred
sixty (160) feet wide and one hundred twenty (120) feet
deep.
(4) Maximum building coverage: The total area covered with •
• buildings on any lot shall not exceed thirty (30) per cent of
the total lot area.
(5) Maximum building height: Thirty -five (35) feet above fin-
ished grade.
(6) Minimum floor requirement: Thirteen hundred (1,300) sq.
ft. per dwelling unit.
(e) Off parking: Off- street parking shall be provided as
required in Article VII, section 700.01.
(f) Signs: The following sign types are permitted in the R -1B
district provided they meet the requirements of the Edgewater
Sign Ordinance [Ch. 3 of Code]:
Construction
Development
Directory
Real estate
Subdivision
[Sec. 602.04. Same —] R -2 Single- FamilyResidential district.
(a) Permitted uses: Facilities owned and operated by federal,
state, county or municipal government; playfields; playgrounds;
�1 Supp. No. 37 1553
•
•
•
CHAPTER 5
SUBDIVISION AND PLATTING PROCEDURES
,__Section 501. Subdivision and Platting Requirements
501.01 General Procedures. The subdivision and platting
requirements of this Chapter establish procedures for the
preparation, review and approval of a preliminary record
plat, construction plans and a final record plat. This
Chapter also establishes a simplified process for the
review and approval of minor replats and lot splits.
501.02 Exceptions to Platting Requirements. The only exceptions
to this platting requirement are:
A. Division of land into parcels of not less than 10 acres
each where no new streets or easements of access are
planned to be dedicated and accepted by the public.
Deeds and other conveyances shall include in red, ten
point type, the following statement: "NO GOVERNMENTAL
AGENCY, INCLUDING THE CITY OF EDGEWATER IS RESPONSIBLE
FOR THE MAINTENANCE, UPKEEP OR IMPROVEMENT OF ANY PRIVATE
1 DRIVES, ROADS, STREETS, EASEMENTS, OR RIGHTS -OF -WAY
PROVIDING INGRESS AND EGRESS OR DRAINAGE SERVICE TO THE
PROPERTY HEREIN CONVEYED."
1 1 0o0 B. The conveyance of land to a federal, state, county, or
municipal governmental agency, entity, political
subdivision, or a public utility.
C. Conveyance of land to another without division.
1 501.03 Model Home Construction. The Director may by agreement
allow a building permit(s) for a maximum of four (4)
residential units to be issued after approval of a
preliminary record plat and construction plans but before
approval of a final record plat, provided no certificate
of occupancy is issued prior to recordation of the final
j plat.
Section 502. Review of Applications for Preliminary Record Plat
and Construction Plans
502.01 General Procedures.
A. An application for preliminary record plat and
construction plans approval shall be submitted to the
Nino Department of Community Development in the form
established by the Director along with a nonrefundable
fee as established by resolution of the City Council.
(code /chapter.5)
December 7, 1994 5 -1
o c U c' Y, 0 r C3 O U U . C O co " p ~ ^ u c C C t. U t � c U co O
o C 4 -, cn c c p o v U G v r n
t p r u a G c C u
vi r -0 0 0 U U V) 0 cn E En U 0 U 0 C ++ C J •..., -- r 0 C 0
C".
E .
+�, r Y a C r U) F. U C CD �' .. C _,, r-, 0 bD .0
0 � ' Q • W ..n u; ,p 0 p , R. .O . ,>-, � C O CL U -t-. • 4-, "0 > O
0 U- u C O o o E ti ° • n +, 0 • G =., v ,.„ ti~ o U .n
CA 7 '0 u ' C.) O � Cam. CC :, r G O ° U ^ ° ^ .- G G '� '� L u G >' U O
C7'.. t c- • - ' C R C. u) 0 0, u: •' • +� cam, A C G O o o
' 0 ° .0 ° cn CA 0 G1 u ci; 0 C 0 cam, ma c» tL ^ ` > .0 1. E �- �� f-, u • Z + C C , o r v 0 o �" o C C C � ` 0 c.) 0 c�
N 0. p U O O y C C�J U c.„---''' O . U v y O c G� p..,.G:'.-C,;1 0. c�; u H C)
C —. O .O R' F; O ... ho ) [+ b.0 N O C, 4 .� C C + > U 0 F'+ 1. • X r C U .a C ° y C1 ° b C C , � , r s. .0 u O R .•1 •
z " � ^ C � ° ' o cn 0 d o ° r r n �� .:4_, hC o 0 0 0 c3
W C) .0 cS C cz N ° , .0 F. v - G7. O ' " C 3 U . L' F. U
a C a. v - N ° o n 0 0 0 G C) 0 c
< 0 >, ` 0 cs . X 0 0 0 0 ., v 0 . r. r is 0 o 0 to
cl - i n> a) 0 c) C 3 3 a � -cs �°, 0 .0 0 Q 0 - 0 0
C o u ° a) U t� oC 0 - � c. a) CC r ° y o , O .4 � - � ° ;v o r .
° - G v 'U i Lc ' .�. `" ? r - , O C) • U bD 0 0 G o "' 4, 0 U c c 0 0 N C p 0 ' U
+ r� — cJ 0 n hA .0 G C t7 0 CL v: G c G +, as s. R. G • 4 C) O 'C! , C ° C U 0 C ;="-. C p O T1 - n Ca F. C CJ U G N ;.d U Cr C O O
0 ., 0 +� 0 - 0 ° 0 >, +' U +o, u] 0 C) .0 .° .0 i C - F. 0 0 Cr 0
0 0 U
o cn r-. -0 > o -0 >, +, • s. cn X o E-+ ° cn (I: U 0 0 •° 0 o ° - • -' ° > ' c'
0 0 C -o o � a c••••••• + , y 0 t ~ c i C t z Cc. -0 0 E' o � 01 ,;.0 -' 0. < i ce ' .] E- + ... d
.J
crs 0 co,-) C) -+ 0 0 0., •-. ( 0 C g .' a) a C Q) 0 0 Cn O p O z
>
CU co ' o 0 U 0 0 a 0 >, c GZ. 0 0 0 0 as 0 c ° .. .0 0 0 cn B
+, Cr CI) U U . a; .0 - v c- .0 0 cn c: 4-) .0 .0 R. 0 U 4 r. 0. - 0 0 C/
•
v • a :" i id n o t 6 ° 'ts .� ° ° c CD
0 ) 0 a) m 0 0 -0 0 0 E
CA ti ti a' 4 Eli +, v .a g a) CZ 'i3 F. i. � cn c7.-, o o +,
kn (i) C 4 C F 0 a O 0 0 t U" C .. -
o ; a + , a a a u ' S cy G. bb +, n) -4 '
.�' t� 0 0 0 0 'O G 'O tA 0 C • '-' +' .. „Q 0 0 0 •
a)
ai
Ca 'L .� P a1 0 a O Cc3 y q 0 Cc
a G C o a is t3 O
O d Cl. - +, cn 4 c� }.) a) a) .[ s. ¢ 0 a
u) cd q a ) q 5 0i O • CS Y '0 c0 CI
'48 „ m +, s~ a) o cd w o ro a o -0 tm $~ i. ° ) 0 p . 0 , . y 0 3 0 - ti ~ 4.4 � ❑ 000
zT • c 0 . ,
0 m 0 U .- v ' C w' p b a) s. p 'LS 'ti • • E c.. >, v . =
�' ° F o .-, g 0 0 all o u) CJ CZ U' ° ol c. a� U ' ty
a .o C C tin a o ra. y o 4 a cn f. m o >, o 8 •,,
o z o o x u 0 m a o o v a `
• `” o �'
O 'b "0 - U i, 0 '� O O O O -.. C N O O. R. G M C Q
0 g 0 4-' X s. O E-∎ E-1 E-+ E-+ >, 0 O O cJ d• O g a) 0 0
o co -0 cz a) a co •n "� .0 •- co 0. C b M >, •0 z
a ) O ^. 0
° o 0 Z 0 0 � 0 Z y 0 -�' co o v z 0 x °� v Z� •� a
<Cr: C '
1 0. 4, L.-. C %] al �� vI ° c 0 m C) m o c n
B. Damage or Destruction - If a structure housing a
nonconforming use is damaged or destroyed to the extent
of fifty (50 %) percent or more of the assessed value of
the structure, then the nonconforming use of the
structure may not be restored.
Section 1003. Nonconforming Structures
sort, 1003.01 Authority to Continue. A permitted use located in a
nonconforming structure may continue in accordance with
the provisions of this Section.
1003.02 Ordinary Repair and Maintenance. Normal maintenance and
repair of nonconforming structures may be performed.
1003.03 Expansions. Any expansion of a nonconforming structure
shall be in conformance with the provisions of this Code.
This shall not prevent expansion as long as the
nonconformity is not increased. A nonconforming
structure may be altered or enlarged into a required
setback which already contains an encroachment as long as
the existing setback is not reduced further.
1003.04 Relocation. A nonconforming structure that is moved
shall thereafter conform to the requirements of this
Code.
1003.05 Teimination Upon Damage or Destruction. Any part of a
nonconforming structure that is damaged or destroyed to
%ow the extent of fifty (50 %) percent or more of the assessed
value of said structure shall not be restored unless that
part conforms to the provisions of this Code.
Section 1004. Nonconforming Lots of Record
1004.01 Legally Nonconforming Lots of Record. Any lot created
prior to June 17, 1974, shall be considered legally
nonconforming if the lot has a width of at least forty
(40) feet and an area of at least three thousand six
hundred (3600) square feet. Any lot created between June
17, 1974, and January 1, 1995, (the effective date of
this Code) shall be considered legally conforming only if
the lot met the requirements in effect as of the date the
lot was created.
1004.02 Nonconforming Lots.
A. In any district, principal permitted structures and
customary accessory buildings may be erected on any
legally nonconforming lot of record or lot rendered
`ter nonconforming through the exercise of eminent domain.
(code \chapter.10)
December 7, 1994 10 -
[f
0
1
Such lot shall be in separate ownership and not be
contiguous to other lots in the same or substantially the
same ownership. This provision shall apply even though
such lot fails to meet the requirements of this Code for
area, width, depth, and frontage or any combination
thereof, provided that yard dimensions and requirements
other than those applying to area, width, depth or
frontage shall conform to the requirements of this Code.
Variance of yard dimensions and requirements other than
those applying to area, width, depth, and frontage shall
be obtained only through action of the Land Development
and Regulatory Agency. If however, the lot has no
frontage as defined in Chapter 2, then proof of recorded
legal ingress and egress acceptable to the City Attorney
must be furnished before a development order will be
issued.
1 B. If a nonconforming lot is contiguous to another lot in
the same or substantially the same ownership, such lots
shall be considered to be an undivided parcel for the
purposes of this Code.
C. The existence of a roadway dividing a parcel of land
shall not determine whether the parcel is considered to
be two separate lots. Each portion of the parcel must
have a separate legal identity in order for the parcel to
be considered two separate lots.
(Section 1005 - 1009 Reserved)
ARTICLE 2
VARIANCES
1 Section 1010. General Procedures
1010.01 Purpose. The purpose of this chapter is to provide a
mechanism for authorizing variances from the provisions
of this Code. Variances are intended to provide relief,
not contrary to the public interest, in those
1 circumstances where as the result of special conditions
pertaining to the parcel under consideration the literal
enforcement of this Code will result in unnecessary
1 hardship to the applicant.
1010.02 Initiation. A written petition for a variance shall be
initiated by the owner, the owner's designated agent or
any person having contractual interest in the property
vr.► for which relief is sought.
(code \chapter.10)
December 7, I994 10 -3
HOLIDAY
BUILDERS
•
A: I now understand that the Edgewater building department requires four building lots to
construct a single family residence on Indian River Blvd. I purchased three and one half building
lots on Indian River Blvd. on the assumption I could construct a home on the lots. The owner of
the property would not sell all four lois. He was holding the one half lot that abuts Indian River
Blvd until the state purchased it from him for the widening of Indian River Blvd. I was unaware
of the building departments requirements.
B: Strict compliance's with lot requirements prohibit me from building on the lots.
C: I was told I could build on the lots by the seller of the lots. He informed me that he had built
'411w many homes on Indian River Blvd. and there would no problem acquiring a building permit.
I have offered to purchase the one half lot from him, but he refuses to sell thinking the state will
purchase the property.
D: I would like to construct a single family residence on three and one half building lots. In the
neighborhood there are many homes constructed on only two building lots.
E: I have three and one half building Lots and I would like to build a home on them.
F: I would still meet all the required building code setbacks on all four sides even though I am
only building on the three,and one half lots.
Now
1675 Providence Blvd.
• Deltona, Florida 32725
CR0f041905 (407) 5749382
- 80 54 5 28 58' 0" 1 -"
g
1 6-C
Q G
m m
Z
-o
Y
1 O I
1
11%3 z r
t„ 1,...-
0. '5- ��0596
S.
' � \N �
� Z o
mO �'m
p
`te
1��
� G
S.
O
G
�O O
--0 O'' g�
y ■ 41,At
III u bj _ • Propll
im
IA �L
m
Ill � mP o
m
O
% m
„Le,
Lake
!!T ■ 500 ft
\ \ \ \ - 80 54' 18 ", 28 57' 45"
Precision Mapping, Copyright 1995,96, Just Softworks Inc., Portions Copyright 1992 -1996 TRIUS,Inc.
Nerie
o
LAND DESCRIPTION . THE NORTHERN 1/2 OF LOT 1557, LOTS 1558,1559,1560' BLOCK 69 FLORIDA SHORES N0.3 , I
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 23
PACE(S) B , OF THE PUBLIC RECORDS VOLUSIA COUNTY, FLORIDA.
•
1 � ' - % FOUND 1/2" REBAR 1 / J > , . i ` 1 ,- ' FOUND 1/7 REBAR
1 24 . 97 ' ( M )
i 607 & CAP "RLS 4165" 125. 00' P ` v ' & CAP LB .2599"
9 9. `7Jp U
" p�; P�L A0 r P r - �1! 102
w - I
1110.3.45R, y P'�1! 9 DQ rM �•? 90 02.1 I ,
I
90 '(1) ( M) C) z0 •
4 Ldf "' 'I'll - 175 Lp'(P) (M) ..
% 1
' r--- __
V4V PACT- , *( 1 W :v
L. •) V I � � f l f � Z T • 1 p ,,,,� I , , ` f., _ 1.
_ .
a) i 2P
v 'i, %t?0.0,� r 2 pAC.v GJ
(`) O 1 \
O ; % PIN 4444 Q y {� P'4L4
S 5 1.41.4 4! I k,} P L J I v 4-f40 O
NJ �, Q �� X78. rV^ 8 PINE- . .. � J 2-
p
\ \
\-- '" p„(04 J P � V r P OEM O
T r AL kJ. (0 P�
rri
• 4• 1 I 3 P y
44/ P4 00,4
-A /L Qj
13 3YA C A/ a
AE. 4 .....• �A.Y _._ _... _. -. ... -A O N
P, O 1 B ( ^^ M!•O �. I :'I}j /2) •
•?? P I W r :1/N - •1i1., ,� s O 4 �' O
c`� . 56 :V't; 0 v �s; _srll * �j 4 ', Q V A f ° co ,E
ci Do
r P ? - ". ( S ''!' . 721 ;‘,1 b
� • :i\ ALM 1 6. 0,E 4 14 2.04k 4• 26.0 'VC 4 1.44 74•
•a T �£P 1 . •/ (..11----4. _ 1444 rri
C.7.) NOry J i
�� ON PµEL (
- - yp ( Bu/401wG sEi 8/9C,') - - - -
r
} Q „o PRom 12/w)
(;)
- ----1
20 . e�• u1 . ��
' SET 5(8" REBAR y
�° 1"
PLSM 4434" •- & CAP • PL$M 4434" `-
L 1. I (J1 U
\ 125.00'(P) U1 125.O8'(r ' 'Dp5
, ,
\'
9C;'.° 2 J•(M N ' 89 5 , . V 6P �
' 1 rP) J 0 . 90.6;9 r M) NOT INCLUDED
(10-0,)0.9 o
I r
b ,
1 0 FOUND 1 2" REBAR I �r 4 FUND 1/2" REBAR 125. 125. 10 & CAP ! L8 2599" ' 01.6 , . 2.5
INDIAN RIVER BLVD. (65' R/W PER PLAT)
ABBREVIATIONS E. LFSFNR vA �a6
1.x.61. • 111.61/4. NI 1.1.1.11114 ,...e.ulu - / It uWW. X1 Cl. - LII vel.
v �u:I v, ,I .»r � IINC I,. x
Nc ,r vU. Ir • l l nilu•utl
trr. �i in� u, /i M I;
VI'. - l r M'aW HI
.1' ..- cu.0 0 1,11111
4 L -
P r .Y ; u G I CAI, - Lutl 1LIN,LN WAN
RECEIVED
PI. - IM1lxl LP IM1 IIN .: I..N u 1. W.,. 4 Vt... ;LPG .LI. • I TNN , - 1140...n...i /41861 t' Yl -I lr nl'.
• '1 . x i 4 61n H.� - WMIxxu I , ;L ' 4.4 Y, 101 PAD
Y.�.1 1x.1 N.xl A .\ LIt MN *. .NUI) C113 - C .x111 41,10. ,1141-ti: ,1141-ti: KM w∎ rat [
L fl.. ' z " I I ICI
(( ,: lnu 1 1 1996
C tl. _ ,...„, u1. "' �4.1,4 NA1 i61I - W AIINCD r
l. MOLL - In:`,f.0 I.
1.11 1,..A41 a..., • I
L L (C) "..u,4u11D X ruu.n�
O ..n n■t • • , ...I rv1N 141
t � I MbI. • I fIrIK 'MK I �. • •A IIA�1 M1xll
W 6114.E • ,:.r . l � /4,1+4x'✓ ru". U .......or ../t 144.1.0, - •Y•1. xw.
•,. xhale P.,, 4. .Aw1Aar,"rr ` , . COMMUNITY' DEV.
J, u:fn w.a .j) 11....... '4"[N ,,.wrar DQ G..> V..4.1 1.� N.rlx v'"
CERTIFIED CORRECT TO: HOLIDAY BUILDERS INC., NATIONS BANK. OFLFLORIDA,N.A. ;
SURVEY NOTES: ABSOLUTE TITLE AGENCY; F 7 u� /�p
7. UNLESS IT BEARS TH£ SICI�v Sn CAFT L D YHE' JR 81 RA 'SEAL'T "%1"TLORID ,FOMPANY CERTIFICATE'
LICENSED SURVEYOR AND MAPPER, THIS MAP /REPORT IS FOR INFORMATIONAL WE HEREBY CERTIFY THAT THE ATTACHED 'SKETCH OF SURVEY OF
PURPOSES ONLY AND IS NOT VAL/O. THE HEREON DESCRIBED PROPERTY 15 TRUE AND CORRECT TO THE
I BEST OF OUR KNOWLEDGE AND BELIEF AS SURVEYED IN THE FIELD
2. ALL BEARINGS MO DISTANCES SHOWN HEREON ARE PER THE DESCRIPTION AND ARE UNDER OUR CIT ECP,CN ON SEPTEMBER 1, 1996. 14E FURRIER CERTIFY
CORRECT AND IN AGREEMENT WITH THE FOUND AND SET MONUMENTS AS MEASURED IHA7 THIS SURVEY MEETS THE MIN/MUM TECHNICAL STANDARDS FOR i
IN THE FIELD, UNLESS OTHERWISE NOTED. SURVEYING IN THE STATE OF FLORIDA ADOPTED BY CHAPTER 61017-
.. SURVEY WAS P£RFORME0 WITHOUT THE BENEFIT OF AN ABSTRACT OR OPINION OF 7175£ 6 OF THE FLORIDA ADMINISTRATIVE CODE. ACCORDING TO THE
NO INSTRUMENTS OF RECORD R£FLECDNC EASEMENTS R /GH7S -OF -WA AND /075 NATIONAL FLOOD INSURANCE PROGRAM, FLOOD INSURANCE RATE MAP
OWNERSHIP WERE FURNISHED TO THIS SURVEYOR EXCEPT .45 NOTED. COMMUNITY PANEL NUMBER 120.70B- 0001 -C , EFFECTIVE 0.11E I
4. NO UNDERGROUND UTILITIES. FOUNDATIONS 075 IMPROVEMENTS, IF ANY, HA 16 BEEN JUNE 4, 1990. THIS PROPERTY LIES IN ZONE X'
LOCATED EXCEPT AS SHOWN. '
5. BASIS OF BEARINGS' (ASSUMED)
5. ELEVATIONS SHOWN HEREON ARE BASED ON THE FOLLOWING BENCH MARK: /'�
(ASSUMED AS SHOWN) FAR THE FIRM, BY: 1!) ,./ . / • /2 D. T. MILLER
PREPARED FEW: HOULNY BUILDERS SECTION 3-18-34 PRA'f55TOYAL LAND SURVEYOR &MAPPER
PRO.ECT NUMBER: 96 -0031 -729 DATE SUBDIVIDED -- AUGUST 8, 1955 FLORIDA REGISTRATION NUMBER 4434
REVISION DWN. DATE CK'D
�at 0. T. MILLER & AASSOC., I INC. VACANT/TREE SURVEY AMS 09/01/96 DTM
PROFESSIONAL SURVEYOR & MAPPER
3002 SLATER DRIVE • P.O. BOX 390012 • (904) 789 -4206
P.L.S. /4434 • DELTONA, FLORIDA • LB. 15210
LEGAL ADVERTISEMENT
CITY OF EDGEWATER the City Clerk at (904) 424- 2.407.
NOTICE OF PUBLIC HEARING Mark P. Karet
REGARDING APPLICATION Director of
FOR A VARIANCE Community Development
Notice is hereby given that the Land Legal L26450. November 27, 1996 lt.
Development and Regulatory Agency
of the City of Edgewater, Florida, will
hold a public hearing on Wednesday,
December 11. 1996, at 6:30 p.m. or as .
soon thereafter as the matter may be
heard in the Community Center 102
N. Riverside Drive, Edgewater, Center,
ida, to consider an application for a
variance regarding property at 1824
Orange Tree Drive. Mr. Edward Wire
of ng a Holiday Builders, from the dimensional
requirements of Section 602.03(d)(3) of
the Edgewater Zoning Ordinance to
allow for the construction of a single -
family residence. Additional informa-
tion may be obtained from the De-
partment of Community
Development 139 East Park Avenue
Edgewater,
Development, All interested
persons are invited to attend. If any
person decides to appeal any decision
made by the Land Development and
Regulatory Agency with respect to
any, a record of r
nggs
be needed, and in that event, such
person may need to ensure that a ver-
batim, record of the proceedings is
made, which record includes the tes-
timony and evidence upon which the
appeal is based. In accordance with
the Americans with Disabilities Act,
1► pate in this shearing assistance contact
RESOLUTION NO. 97 -R -04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EDGEWATER, FLORIDA, GRANTING /DENYING A
VARIANCE FOR PROPERTY LOCATED AT 1824 ORANGE
TREE 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. Holiday Builders, Inc. applied for a variance from Section
602.03(d)(3) of the Edgewater Zoning Ordinance which requires
building lots adjacent to Indian River Boulevard to have a minimum
lot size of one hundred sixty (160) feet in width and one hundred
twenty (120) feet in depth. The applicant is requesting a twenty
(20) foot variance to allow construction of a residence on a one
hundred forty (140) foot wide parcel on the property described
below in the R -1B, Single Family Residential District adjacent to
Indian River Boulevard:
The northern one -half of lot 1557, Lots 1558, 1559 and
1560, Block 69, Florida Shores No. 3 according to the
plat thereof, as recorded in Plat Book 23, Page 83 of the
Public Records of Volusia County, Florida.
2. On December 11, 1996, the Land Development and Regulatory
Agency (LDRA) held a public hearing on the application and denied
the requested variance. Pursuant to Section 1011.04 of the Land
Development Code, on January 10, 1997, Holiday Builders, Inc. filed
a written request appealing the decision of the LDRA.
low
3. On March 3, 1997, the City Council held a public hearing
on the application after publishing notice of such hearing in The
News - Journal on February 19, 1997, 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 500 feet of the subject property.
3. After consideration of the testimony presented during the
public hearing, including staff comments, the decision of the LDRA,
the statements of the applicant and the criteria for granting
variances set out in Section 1011.02 of the Land Development Code,
the City Council has made the following findings of fact:
Nor
97 -R -04 1
a. The variance requested arises /does not arise from a
condition that is unique and peculiar to the land, structures
and buildings involved in that XXX.
b. Strict compliance with area, setback, frontage, height,
Nior
bulk, and /or intensity requirements would /would result in
unnecessary hardship for the applicant as distinguished from
restrictions imposed by the Land Development Code on all other
property in the same zoning district in that XXXXX.
c. The condition is /is not the result of the actions of the
applicant or property owner in that XXXX.
d. Granting of the variance will /will not create unsafe
conditions nor other detriments to the surrounding properties
or public welfare.
e. The variance requested /granted is /is not the minimum
variance that will make possible the reasonable use of the
land or structure.
f. The variance desired will /will not be opposed to the
general spirit and intent of the Land Development Code or the
City of Edgewater Comprehensive Plan in that XXX.
Now
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Edgewater, Florida:
Section 1. The variance request of Holiday Builders, Inc. for
a twenty foot variance to allow construction of a residence on the
one hundred forty (140) foot wide parcel described above shall be
granted /denied.
Section 2. All resolutions or parts of resolutions in
conflict herewith be and the same are hereby repealed.
Section 3. This resolution shall take effect upon its
adoption.
After motion by XXXXXX and second by XXXXXXX, the vote on this
Now
resolution was as follows:
Mayor Jack H. Hayman, Jr. XXX
Councilman Danny K. Hatfield XXX
Councilwoman Louise A. Martin XXX
Councilman Mike Hays XXX
Councilman David L. Mitchum XXX
PASSED AND DULY ADOPTED this XXXX day of XXX, 1997.
Iry
97 -R -04 2
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
Susan J. Wadsworth, CMC Jack H. Hayman, Jr.
City Clerk Mayor
APPROVED FOR FORM
AND CORRECTNESS:
Krista A. Storey
City Attorney
Noir
AGENDA REQUEST
C.A. NO.: 97 -41
Date: February 26, 1997
err✓
PUBLIC
HEARING RESOLUTION 03/03/97 ORDINANCE
OTHER
CONSENT BUSINESS CORRESPONDENCE
ITEM DESCRIPTION /SUBJECT:
Resolution No. 97 -R -05 Regarding the Economic Development Board
BACKGROUND:
Pursuant to the discussion between the Council and members of the
Economic Development Board on February 3, 1997, attached is draft
Resolution No. 97 -R -05. In addition to the attendance policy issue,
pursuant to the EDB's bylaws this resolution formalizes the Board's
duties and responsibilities, membership, appointment process, terms,
qualifications, designation of officers, and establishes a quorum.
RECOMMENDATION /CONCLUSION:
'fir
Staff recommends that the Council consider adoption of Resolution No.
97 -R -05.
FUNDS AVAILABLE: (ACCOUNT NUMBER)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM: YES NO XX
DATE: AGENDA ITEM NO.
Respectfully submitted, Concurrence:
Kf ista A. torey )'( George . McMahon
City Attorney City Manager
KAS
Attachment
RESOLUTION NO. 97 -R -05
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EDGEWATER, FLORIDA, REGARDING THE ECONOMIC
.4 411.' DEVELOPMENT BOARD; ESTABLISHING DUTIES AND
RESPONSIBILITIES, MEMBERSHIP, APPOINTMENT,
REMOVAL, TERMS, VACANCIES AND QUALIFICATIONS,
OFFICERS, QUORUM AND VOTE NECESSARY; REPEALING
RESOLUTIONS IN CONFLICT HEREWITH AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Edgewater, Florida,
has made the following determinations:
1. On February 3, 1997, the City Council and members of the
Economic Development Board (EDB) entered into a discussion
regarding the City's attendance policy for boards and committees
established in Resolution Nos. 92 -R -09 and 93 -R -02.
2. As a result of that discussion and in acknowledgment of
Nor
the goals and objectives of the EDB, the Council determined that it
would be in the best interests of the citizens of Edgewater to
consider certain revisions to City policies effecting the EDB.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City
of Edgewater, Florida:
Section 1. Duties and Responsibilities. The Economic
Development Board (hereafter EDB) shall serve as an advisory board
to the City Council and shall have the following duties and
responsibilities:
A. To formulate plans for the use and development of
property designated for commercial and industrial
development. Said plans shall be presented to the
City Council as recommendations and the
presentation shall include Staff comments.
B. To annually recommend a budget to the City Council
for monies necessary to carry out the purposes of
the EDB. All actual expenditures shall be subject
to the approval of the City Manager. All Board
mesmber requests for expenditures of funds shall be
approved first by the EDB Chairman or the Vice
Chairman, if the Chairman can not be contacted in a
timely manner.
C. To promote the City of Edgewater as a prospective
site for business and industrial development,
provided that no expenses for advertising or other
promotional methods shall be incurred without prior
approval of the City Council unless specifically
identified under the economic development line item
of the current general fund budget.
97 -R -05
1
D. To cooperate with and assist private interests that
wish to develop new or expand existing businesses
in the City of Edgewater.
E. To recommend to the City Council options and
agreements relating to the lease of City owned
industrial and commercial property to prospective
lessees.
F. To carry out preliminary discussions for the
purpose of attracting business and industry to the
City of Edgewater. Final negotiations shall be
done in conjunction with the City Council and shall
be subject to final approval of the City Council.
G. To adopt rules of procedure not inconsistent with
the provisions of this resolution and approved as
to legal form and correctness by the City Attorney.
H. The EDB shall not have the authority to enter into
any contract or agreement on behalf of the City of
Edgewater, nor shall the Board have the authority
to incur any indebtedness, nor to issue revenue
bonds, nor shall it have the power of eminent
Now domain.
Section 2. Membership, Appointment, Removal, Terms,
Vacancies, and Qualifications.
A. The EDB shall have nine (9) voting members who
shall be appointed by the City Council.
Prospective members shall submit a City
application. The Board shall review the
applications and make a written recommendation to
the City Council.
B. All members of the EDB shall be residents of the
City, work in the City, or own property or a
business in the City.
C. Members of the EDB shall be appointed for a term of
three (3) years without compensation, but may
receive travel and other necessary expenses while
on official business of the EDB. Due to the need
to stagger terms to guarantee continuity on the
EDB, the initial terms of some members may be less
than three (3) years.
D. In order to accomplish its goals and objectives,
the EDB may from time to time extend non - voting ex-
officio membership to the Chairman of other City
boards and committees.
E. If a member has three (3) unexcused absences during
any calendar year, said member shall forfeit the
office. An absence shall be considered excused
upon notification to the Board Coordinator prior to
the scheduled meeting. At such time as a member no
longer complies with the membership requirements
established in Paragraph B above said member shall
forfeit his office. The City Council shall fill
the office for the remainder of the unexpired term
after consideration of the recommendation from the
EDB. Because of the nature of the activities of
the EDB, the attendance policy established in
Resolution No. 92 -R -09 and as amended by Resolution
No. 93 -R -02 shall not be applicable to the EDB.
97 -R -05
2
F. Any member of the EDB may be removed for cause by
the City Council at any time, provided, however,
that before such removal the member shall be
provided with written charges and given an
`— opportunity to appear in his defense at a public
meeting.
G. No member of the EDB shall vote upon any matter
which would inure to his special private gain or
loss; which he knows would inure to the special
private gain or loss of any principal by whom he is
retained or to the parent organization or
subsidiary of a corporate principal by which he is
retained; or which he knows would inure to the
special private gain or loss of a relative or
business associate.
Section 3. Officers.
A. The EDB shall elect a Chairman and Vice Chairman
from among its members at the first regular meeting
in January each year to serve a term of one (1)
year. The officers shall be eligible for re-
election.
fir► B. The City shall provide a Board Coordinator who
shall keep minutes of the proceedings of the EDB.
Section 4. Quorum and Necessary Vote.
A. No business shall be transacted by the EDB without
a quorum which shall consist of five (5) members.
B. Actions of the EDB shall require the affirmative
vote of a majority of the members present.
Section 5. All resolutions or parts of resolutions in
conflict herewith be and the same are hereby repealed.
Section 6. This resolution shall take effect upon
adoption.
After Motion by XXX and Second by XXX, the vote on this
'Now
resolution was as follows:
Mayor Jack H. Hayman, Sr. XXX
Councilman Danny K. Hatfield XXX
Councilwoman Louise A. Martin XXX
Councilman Mike Hays XXX
Councilman David L. Mitchum XXX
PASSED AND DULY ADOPTED this XXX day of XXX, 1997.
`er►'
97 -R -05
3
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By:
Susan J. Wadsworth Jack H. Hayman, Jr.
City Clerk Mayor
APPROVED FOR FORM & CORRECTNESS:
Krista A. Storey
City Attorney
Nape
low
`err
97 -R -05
4
7. A.
AGENDA REQUEST
Date: February 19, 1997
low
OTHER
CONSENT XXX BUSINESS
PUBLIC HEARING,
ORD., RESOLUTION
ITEM DESCRIPTION /SUBJECT: Two(2)old City vehicles and two (2) old
pieces of City equipment:
#307 1987 Ford Crown Vic Car vin #12FABP72G6HX180062
#314 1991 Chevrolet Caprice Car vin #1G1BL53E9MR119714
One (1) Commercial Hustler Excel Gas /Ride 48" mower serial #2088437
One (1) Red Devil Tow behind Rotary Spreader 1/2 c.y. capacity
BACKGROUND: These vehicles /equipment are no longer in service
by any City Department.
RECOMMENDATION /CONCLUSION: Staff request that Council consider
declaring the above vehicles /equipment for surplus prior to
Now disposal. These vehicles /equipment will be disposed of through
advertised public seal bid procedures.
FUNDS AVAILABLE: ACCOUNT NUMBER:
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM: YES NO XX
DATE: AGENDA ITEM NO.
Respectfully submitted,
L .11) t V'N<S.
Hugh D. Williams
Director of Public Works
Concurrence:
err
Georg4' McMahon
City Manager
surplsO2.97
7. a,
AGENDA REQUEST
C.A. NO.: 97- 37
Date: February 25, 1997
Now
PUBLIC
HEARING RESOLUTION ORDINANCE
OTHER
CONSENT 03/03/97 BUSINESS CORRESPONDENCE
ITEM DESCRIPTION /SUBJECT:
Amendment 2 to State Revolving Loan Fund Agreement for the Collection,
Influent Transmission and Reuse Facilities
BACKGROUND:
Attached is a proposed Amendment 2 to the State Revolving Loan Fund
Agreement for the collection, influent transmission and reuse
facilities. The Amendment adjusts the project costs and reduces the
annual loan payment. In addition, the date for submittal of the annual
certification has been revised to coincide with the submission of the
annual audit. Pursuant to the proposed Amendment, the loan amount has
been reduced by $1,355,063.00 to account for surplus funds not disbursed
to the City. The loan service fee has also been reduced by $45,283.
`fi
RECOMMENDATION /CONCLUSION:
Staff recommends that the Council consider approval of Amendment 2 and
that the Mayor and the City Manager be authorized to execute the
document as required by the Department of Environmental Protection.
FUNDS AVAILABLE: (ACCOUNT NUMBER)
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
PREVIOUS AGENDA ITEM: YES NO XX
DATE: AGENDA ITEM NO.
Respectfully submitted, Concurrence:
j ) t r / \ , �! r G . %' / � ' Z '} l r 1.-tc , u —
Krista A. Storey,` Georg,'E. McMahon
City Attorney City-
/147/---- )
Ferdinand Munoz
Finance Director
KAS
Attachment
STATE REVOLVING FUND
AMENDMENT 2 TO LOAN AGREEMENT CS120794030
CITY OF EDGEWATER, FLORIDA
*or.
This amendment is executed by the STATE OF FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION (Department) and the CITY OF EDGEWATER,
FLORIDA, existing as a local government agency (Local Government) under the laws of the State
of Florida.
WITNESSETH:
WHEREAS, the Depaitinent (formerly the Department of Environmental Regulation) and the
Local Government entered into a State Revolving Fund Loan Agreement, Number CS 120794030,
as amended, authorizing a Loan amount of $19,522,000, excluding Capitalized Interest; and
WHEREAS, the Loan amount, Loan Service Fee, and Project costs need adjustment to reflect
actual costs; and
WHEREAS, the Local Government has made three Annual Loan Payments to the Depattcuent; and
WHEREAS, the Annual Loan Payment amount needs revision to reflect adjustment of the Loan
amount; and
WHEREAS, the Project schedule needs revision to include certain dates established during the
final construction inspection; and
WHEREAS, revision of Amendment 1, Attachment C: Auditing and Reporting, is appropriate so
that the Local Government may submit the required annual certification at the time that it submits
its annual audit.
NOW, THEREFORE, the parties hereto agree as follows:
1. The Loan amount authorized for disbursement is hereby reduced by $1,355,063.00,
which represents surplus funds not disbursed to the Local Government.
2. The Loan Service Fee is reduced $45,823 and the adjusted total service fee for this loan
is $387,365.
3. The total amount loaned to the Local Government was $18,578,810.86, which
consisted of $17,779,572.00 disbursed to the Local Government, the Loan Service Fee of
r $387,365.00 disbursed directly to the Department, and $411,873.86 of accrued Capitalized
Interest.
4. The unpaid principal of the Loan is $16,191,213.81 which amount accounts for the
Depat tnuent's receipt of three annual Loan Payments and consists of the following:
(a) $6,146,362.77 at an interest rate of 3.78% percent per annum; and
1
(b) $10,044,851.04 at an interest rate of 3.57% percent per annum.
5. The Annual Loan Payment amount, adjusted to account for payments received from the
Local Government to date, is hereby revised and shall be in the amount of $1,294,979.62. Such
,, payment shall be received by the Depai tment on or before October 31, 1997 and annually
thereafter on October 31 until all amounts due hereunder have been fully paid.
6. Attachment B, Revised: Estimated Loan Disbursement Schedule, is hereby deleted in
its entirety. Actual disbursements are provided in the annual loan statements.
7. Attachment D: Exact Figures, is hereby deleted in its entirety and replaced with
Attachment D, Revision 1: Exact Figures, attached hereto and made a part hereof.
8. Article XI- Section 11.03. Project Schedule, is hereby amended to include Attachment
E: Project Schedule, attached hereto and made a part hereof.
All other terms and provisions of the Loan Agreement shall remain in effect.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
2
This Amendment 2 to Loan Agreement CS 120794030 shall be executed in three or more
counterparts, any of which shall be regarded as an original and all of which constitute but one and
the same instrument. This amendment incorporates Attachments D and E hereto.
`tiro IN WITNESS WHEREOF, the Deparnnent has caused this amendment to the Loan
Agreement to be executed on its behalf by the Secretary of the Department and the Local
Government has caused this amendment to be executed on its behalf by its Authorized
Representative and by its affixed seal. The effective date of this amendment shall be as set forth
below by the Secretary of the Depai anent.
for
CITY OF EDGEWATER, FLORIDA
Mayor City Manager
Attest: Approved as to form and legality:
"fir
City Clerk City Attorney
SEAL
•
for
STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Now
Secretary Date
3
ATTACHMENT D, REVISION 1: EXACT FIGURES
The Local Government and the Department acknowledge that changes in Project costs may occur
as a result of the Local Government's Project audit or a Department audit pursuant to
Chapter 62 -503 of the Florida Administrative Code. Unless this Agreement is amended subsequent
to an audit, the following Project costs shall be final.
CATEGORY COST
(1) Administrative Allowance 74,100.00
(2) Design Allowance 885,000.00
(3) Construction and Demolition 16,237,601.00
(4) Equipment and Materials 0
(5) Contingencies 0
(6) Land 0
(7) Technical Services During Construction
Contractual 215,309.00
Force Account 153,258.00
(8) Loan Repayment Reserve (Loan Proceeds) 214,304.00
(9) Project Performance Certification 0
SUBTOTAL (Disbursed to Local Government) 17,779,572.00
'fry (10) Loan Service Fee* 387,365.00
SUBTOTAL 18,166,937.00
(11) Capitalized Interest 411,873.86
TOTAL (Loan Principal Amount) $18,578,810.86
*The Loan Service Fee represents 3.5 percent of the Loan amount excluding the Capitalized
Interest and Loan Service Fee amounts; that is 3.5 percent of $11,067,571.43 for a total of
$387,365.00.
r
4
ATTACHMENT E: PROJECT SCHEDULE
The Local Government agrees by execution hereof
yt " 1. The date on which the Department conducted the final construction inspection of the
Project was June 9, 1994. Construction costs incurred after this date are not eligible for Loan
funding. Certain construction- related costs may be eligible if incurred by the construction cut-off
date identified below.
2. The construction cost cut -off date established for the Project is June 9, 1994. Eligible
costs incurred after this date shall be limited to costs associated with the Project performance
period.
3. The date for certification of Project performance is March 7, 1995. Costs incurred
after this date are not eligible for Loan funding.
4. The date by which the fourth annual Loan Payment becomes due is October 31, 1997.
Annual Loan Payments shall be received by the Department annually thereafter on or before
October 31 until the entire amount due hereunder has been paid.
5. The date for the certification, required under Amendment 1, Attachment C: Auditing
and Reporting, Paragraph 7, is hereby revised; the certification shall be submitted annually with
the audit required under Amendment 1, Attachment C: Auditing and Reporting, Paragraph 2.
6. The close -out audit required under Amendment 1, Attachment C: Auditing and
Reporting, Paragraph 6, shall be submitted within twelve months after the effective date of this
amendment.
5
AGENDA REQUEST
Date: February 3. 1997
OTHER
CONSENT BUSINESS 03/03/97
PUBLIC HEARINGS,
ORD., RESOLUTION
ITEM DESCRIPTION /SUBJECT:
Approve extension of Audit Services contract.
BACKGROUND:
Under section 5 of the current audit service contract with
Ernst & Young, the City can extend the contract for an additional
two years. Please refer to my memorandum dated 2/3/97 for
additional comments and the attached letter from Ernst & Young.
RECOMMENDATION /CONCLUSION:
Staff recommends City Council's consideration of extending
Aft" the present audit service contract for the cost of $50,000 for
FY- -97 and $52,000 for FY-98. If this option is selected, Council
approval of the attached First Amendment to Audit Agreement is
requested. Or
Alternatively, prepare an RFP to obtain new auditors.
FUNDS AVAILABLE: ACCOUNT NUMBER: All Operating Funds - 52320
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED)
F.D. NO.: 02 -01
PRESENTED BY: Ferdinand Munoz, Finance Director
PREVIOUS AGENDA ITEM: YES NO XX
DATE: AGENDA ITEM NO.
Respect- ul ly subri t.ed ,
r ...
Ferdinand Munoz.
Finance Director
Concurrence:
George McMahon
Copy To: File City Manager
FMAGENDAUD97
FIRST AMENDMENT TO AUDIT AGREEMENT
THIS FIRST AMENDMENT TO AUDIT AGREEMENT made this day
of , 1997, by and between the CITY OF EDGEWATER,
FLORIDA, a municipal corporation (hereafter "City ") and ERNST &
YOUNG, a firm of Certified Public Accountants registered in the
State of Florida (hereafter "Firm ").
WITNESSETH, that the parties hereto have agreed to amend that
certain Agreement between the parties dated February 7, 1994, such
that:
A. The term of the Agreement is extended for an additional
two (2) year period covering the City's Fiscal years ending
September 30, 1997 and September 30, 1998. Pursuant to Section 5:
Now
Period of Engagement the City and Firm have hereby exercised their
option to renew the Agreement for an additional two -year period.
B. Section 4: Fees and Terms of Payment is hereby amended
as follows:
1. The Firm's fee for audit services is
computed on a basis of actual time spent. The
Firm will absorb all out -of- pocket costs
associated with the audit services. On the
foregoing basis, the City agrees to pay the
Firm a total fee of $50,000 for the audit
described by Section 1.2 for the Fiscal Year
ending September 30, 1997, and $52,000 for the
audit described in Section 1.2 for the Fiscal
Year ending September 30, 1998. The amount as
so determined above will be final except for
any adjustments or renegotiations required
Iftsw under Section 4.4 or Section 6 of this
Agreement.
C. In all other respects, the terms and conditions of that
certain Agreement dated February 7, 1994, shall remain in full
force and effect.
IN WITNESS, WHEREOF, the parties have caused this First
Amendment to Audit Agreement to be made and entered into the day
and year first written above.
1
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
Noir By:
Susan J. Wadsworth Jack H. Hayman, Jr.
City Clerk Mayor
APPROVED FOR FORM & CORRECTNESS:
Krista A. Storey
City Attorney
WITNESSES: ERNST & YOUNG
By:
John P. Vodenicker
Partner
Now
lore
2
0
r 1.
.r CITY OF EDGEWATER /9
MEMORANDUM sr MANAG
TO: George E. McMahon, City Manager
FROM: Ferdinand Munoz, Finance Director / \_, 1
:SUBJECT: Audit Services - Contract Extension
DATE: February 3, 1997
In my professional opinion the City, as well as City Council and
City Management, is best served by extending (under section 5 of
the current contract) the City's audit relationship with Ernst &
Young for the provided two years.
In recognition of the excellent audit services provided by Ernst
& Young during the last three years of the current contract,
coupled with the experience they have gained about the City, the
extension is in the interest of the City.
From the initial issuance of the Bond Anticipation Note (BAN),
the extension of the BAN, the issuance of the $13,580,000 bonds
(1991) , the SRF loans, the $12,460,000 refunding bonds (1993) ,
and the negotiation of the 1995A and 1995B Banl. Qualified Bank
Loans, Ernst & Young has been there giving advice on the best
methods of accounting and planning for these liabilities.
Their understanding of where the projects have been, what the
completed statuses are, and what the close out results have been
places them in a unique position to be of further assistance to
the City. Our options are as follows:
1. Extend the contract for two years.
2. Prepare an RFP to obtain new auditors.
In the event that the City goes out to procure new auditors then
the City would bear the cost of having the new audit firm's
personnel get up to speed on the issues surrounding the
IIr► accounting for the capital improvement projects and the funding
sources (such as the two Florida Shores Special Assessments and
debt service requirements of the SRF loans and Road Improvement
Program) . Also, a new firm will exhaust additional time and
effort in reviewing and forming their own opinion on the status
of these completed projects, for which the City pays in the form
of unproductive time for City staff to become � y r _me i anvil iar with the
myriad of issues present in the City's accounting system and CIP
projects.
FMAUDITSVC97
ElERNST & • OUNG LLP • Certified Public Accountants ■ I'honc 407 872 6600
Suite 1700
390 North Orange Avenue
Orlando, Florida 32801-1671
February 1, 1997
Mr. Fred Munoz
City of Edgewater
P.O. Box 100
Edgewater, Florida 32132 -0100
Dear Mr. Munoz:
At your request we have attached our letter to document the exercising of the two year extension
of our current audit agreement. You have also asked us to provide information concerning the
increase in audit fees. As can be seen below we have increased our fee as follows:
Actual Actual Actual Proposed Proposed
` 1994 1995 1996 1997 1998
Audit fee $44,000 $46,000 $48,500 $50,000 $52,000
We have proposed an increase in fees between 3 -4% for fiscal years 1997 and 1998. This
increase is comparable to the consumer price index and does not cover our own internal increase
in hourly rates. The increase in fees relate mainly to the City's current $15 million dollar budget,
activity in the enterprise fund, the current debt outstanding and the City's grant programs. Our
fees our comparable to other City's of similar size and make -up that have their report prepared
and audited by other Big 6 accounting firms. We believe the fees are fair and you can be assured
we will continue to provide the highest quality service to the City. If you have any questions,
please call Caralyn Paul or myself at 407 - 872 -6702.
Sincerely,
,,, John P. Vodenicker
Partner
Attachment
Ernst &Young 111 is a member of Ernst &Young International, L td.
E RNST& YOUNG L L P ■ Certified Public Accountants • I'honc 407 872 6600
Suite 1700
390 North Orange Avenue
Orlando, Florida 32801 -1671
rrlr February 1, 1997
Mr. Fred Munoz
City of Edgewater
P.O. Box 100
Edgewater, Florida 32132 -0100
Dear Mr. Munoz:
At your request, this letter is to discuss the two year extension of Section 5 of our current
agreement dated February 7, 1994.
Section 5 of this agreement provides for an additional two year extension by mutual agreement
between the City and Ernst & Young. Since you have indicated the City's interest in such an
`"' extension, I have prepared the following fee estimates for the years ending September 30, 1997
and 1998. These fees reflect our careful reconsideration of the City's current budget, debt
outstanding and related compliance with covenants as well as the City's grant programs.
1997 1998
Audit fee $50,000 $52,000
We hope the above is to your satisfaction. If you have any questions about this letter please call
Caralyn Paul or myself at 407 - 872 -6702. Thank you and we look forward to continue our service
to the City.
Sincerely,
John P. Vodenicker
Now Partner
Ernst &Young a i' is a member of Ernst ' Young International, Ltd.
4. If unusual circumstances are encountered making it necessary
for the Firm to do substantive additional work in order to
render an opinion, the Firm shall immediately notify the City
Manager of such circumstances. Both parties shall negotiate
such additional compensation as appears justified relative to
these circumstances.
5. Firm agrees to comply with all applicable labor laws regarding
employment and pay of its employees.
Section 5: Period of Engagement
1. The period of this agreement is three (3) years covering the
City's fiscal years ending September 30, 1994; September 30,
1995; and September 30, 1996. At the end of this initial
'" three year period the agreement may be extended for an
additional two (2) year period by mutual agreement between the
City and the Firm. Fees for the additional two year period
will be negotiated at the time the agreement is extended.
Section 6: Additional Services
1. The Firm is not required to render any information or service
to individuals or to make any studies or investigations at the
request of any individual except as herein provided.
2. The City may, from time to time, desire the Firm to include
additional records and procedures in its audit program. Such
.► requests for additional work will be submitted in writing to
No
the Firm by the City Manager. Additional services performed
under this subsection will be billed to the City separately
from its normal billings.
3. The City may utilize the Firm in performing other audit
services such as close -out audits required for projects of the
City's Capital Improvement Program. Compensation for such
other audit services shall be based on the Firm's hourly
billing rates. A separate agreement or an amendment to this
Agreement shall be required to address any additional
services. Fees will be in addition to the fees for the annual
audit described in Section 4.1.
5
B • b
GEW4 r 1 l 7
o EIV DOW OF EDGEWATER
* �..�* 104 N. RIVERSIDE DRIVE
r� 1 1P.9 10 - dgewater, 3210
1 �9O4) 4 - 3 E 245 Sun Com Florida 383 -20 - 0 100 5
�T4 LIT'
CITY MANAGER
\c\i\ )(.) 7 p , rvv■ —e— CL - (4
d w /0-e-E. 6
` 1 L P I
Q ,J 0(1 A c
s -- \ --to , 6
Yl(w_c-(4 u °P1-
vit' /0A: L
---- \ -- tivr_JLL-- / 6
IL
til GAL-
�I �- bc
AGENDA REQUEST
Date: February 11, 1997
N`rr
PUBLIC HEARINGS, ORDINANCES, AND RESOLUTIONS
CONSENT AGENDA OTHER BUSINESS X
ITEM DESCRIPTION /SUBJECT:
Request for appointments to the Economic Development Board to fill a vacated office and two
additional seats.
BACKGROUND:
As you are aware, the vacated office of William H. Fair (term expiration April 6, 1998) still needs to
be filled along with the EDB's request for two additional memberships.
RECOMMENDATION /CONCLUSION:
Chairman Pro Tempore Jones, along with the members, is recommending the Council appoint John
Moore and Adelaide Carter to the EDB. The Board had no recommendation for the ninth member.
FINANCIAL IMPACT: No Impact
FUNDS AVAILABLE: ACCOUNT NUMBER: N/A
(SPECIFY IF BUDGET AMENDMENT IS REQUIRED):
Nair► PRESENTED BY: \ - . �\
Elizabeth J. '' cBride, B B. . rd Co • rl "or, Economic Development Board
:ejm
c: \edb\agendare\.mor &car.apt
�v�LWe�1F `
CITY OF EDGEWATER
di .1' 104 N. RIVERSIDE DRIVE 03-28- 95,410: 17 REVD
P.O. f3ox 100 - Edgewater, Florida 32132 -0100
(904) 428 -3245 Sul Korn 371 -7005
17. 4u-r/
•
APPLICATION FOR APPOINTMENT TO CITY
BOARDS, AGENCIES OR COMMITTEES
NAME • baxN >v\ , Le/V3
ADDRESS � 0 ` � VIS�a, C"ovv� LN'. F �,
HOME PHONE D 1Og - 91'0 193 BUSINESS PHONE ( Ng- (- 103 nafig
leer
OCCUPATION IA " Pwb��S A1
Are you a weeiderit of Edgewater Yed How ].o;Ig J; u. 197,
Is your principal place of employment in Edgewater? %s •
if yes how long? SO.t. a.. 195
Briefly state your interest in serving on a City board, agency or
committee: o� �/{�o .0 f vl4c4a, �cl,e,u>u.li�/ r� b����'l l I JIJ� ,
�cyi1n� -J I. Tj • Clia,4lG r1JQ L TL rin.l i).r�� • �J S
( / r r
py�G e c)Ut. -1 I.[S(.lP.ti . T-' Se�� l of 11
1 J vi, c.L v 6 h -GG v� �' � CJII �i n -
� � l�.c. 4,51
aI r eatro / l p oi u7to /l1C to y , SntMCl Qu c);cts eye. ,7 cv�w �� ul,� 4,s 14...
Are you a registered voter? YeS l
Do you hold public office? No
Are you employed by the City? att7
•
At the present time, do you serve on any other Boards, Agencies, or
committees ? VLO If so, list each:
Have you ever served on any boards, agencies, or committees?
If so, list each: 1/1,0
•
(BOARD, AGENCY AND COMMITTEE MEMBERS MAY BE REQUIRED TO TILE WITH
THE STATE, FINANCIAL DISCLOSURE FORMS EACH YEAR)
PLEASE INDICATE BOARDS, AGENCIES OR COMMITTEES YOU
WOULD LIKE TO SERVE ON AND RANK THEM ACCORDING TO CHOICE BY 7UMBER
BEAUTIFICATION & TREE COMM. BUILDING TRADES REGULATORY &
APPEALS BOARD
CITIZENS CODE ENFORCEMENT
FIRE PENSION BOARD GENERAL EMPLOYEES PENSION
INDUSTRAL DEvE 0PME^:'" LAND DEVELOPMENT & REG. AGENCY
•
LIBRARY BOARD POLICE PEIISION BOARD
PARKS AND RECREATION BOARD VETERANS PARK ADV. COMMITTEE.
SENIOR AD IIOC ' • MIT E
J
SIGNATURE pee DATE: 3 -/8755
** SEE REVERSE SIDE FOR LISTING OF BOARDS, AGENCIES AND COMMITTEES **
•
. 02- 04- 97PO4 :06 RCVD
•
APPLICATION FOR APPOINTMENT TO CITY
BOARDS, AGENCIES OR COMMITTEES
NAME �� �er� m ("=)Q(e.
ADDRESS Z 'e0.' 0 r,
II rr'' /
HOME PHONE % CI " `I2q ��p q BUSINESS PHONE 90q ' y��" 6269
OCCUPATION ( Q.►'1 I CI
Are you a resident of Edgewater \(e.. How long Ll yr4,
Is your principal place of employment in Edgewater? \i/OS
if yes how long?
Briefly state your interest in serving on a City board, agency or
committee : 4 1 S i'Y\ ■, / 1 v' sktAI bv\_ p 5� �I Q U Vl
f�
C CC N 1 QV \0 01 pcurpl 4 -
A vNq \v- c
Are you a registered voter? !V J
Do you hold public office? .) 6
Are you employed by the City? d
At the present time do you serve on any other Boar0, Agencies, or
committees? e5 If so, list each: CteS∎ 4r
Have you ever served on any boards, agencies, or committees ?Jv O
If so, list each:
•
•
•
(BOARD, AGENCY AND COMMITTEE MEMBERS MAY BE REQUIRED TO FILE WITH
THE STATE, FINANCIAL DISCLOSURE FORMS EACH YEAR)
PLEASE INDICATE BOARDS, AGENCIES OR COMMITTEES YOU
WOULD LIKE TO SERVE ON AND RANK THEM ACCORDING TO CHOICE BY NUMBER
BEAUTIFICATION & TREE COMM. CONSTRUCTION REGULATION
I o CITIZENS CODE ENFORCEMENT BOARD
FIRE PENSION BOARD GENERAL EMPLOYEES PENSION
1 ECONOMIC DEVELOPMENT LAND DEVELOPMENT & REG. AGENCY
LIBRARY BOARD 1 POLICE PENSION BOARD
PARKS AND RECREATION BOARD VETERANS PARK ADV. COMMITTEE
SENIOR HOC C MMITTEE
SIGNATURE L V )- DATE: -�
** SEE REVERSE SIDE FOR LISTING OF BOARDS, AGENCIES AND COMMITTEES **
_._ P r R'
CITY OF EDGEWATER % 4
/,� * 104 N. RIVERSIDE DRIVE • • P.O. Box 100 - Edgewater, Florida 32132 -0100
_ (904) 428 -3245 SunCom 371 -7005
O 0,4
APPLICATION FOR APPOINTMENT TO CITY
BOARDS, AGENCIES OR COMMITTEES
NAME D FLA 1 V CRQ -u 1 ,
ADDRESS i 7( O 5_i7 P\1 X K7 3 , F,1 -,F_: 36. r 4 2T G I .3 j3514
HOME PHONE %Li - 4a.7 - 445. BUSINESS PHONE _ a_
OCCUPATION - ..;A;
Are you a resident of Edgewater kAa5 How long •_
Is your principal place of employment in Edgewater? nrfi cs., l)'i
if yes how long?
Briefly state your interest in serving on a City board, agency or
committee c . CV-n(155)
1
"All CYY1 UC-? V. e- E' • 4� iC�(� P....0 bt Cc..- A
� 1 �1 l v �� �f.�l�aC.LLL+ P S
Are you a registered voter? Cf
Do you hold public office? 6
Are you employed by the City? f\
At the present time, do you serve on any other Boards, Ag ncies, or
committees? no If so, list each:
Have you ever served on any boards, n agencies, or committees?
If so, list each f'' Zt YI `a'S _w`c�_ �r ,rr� L �' _ 5
— Ft : k r s* w .to 1 ... C- • • r- t * r v . • - • �.
TC
_�, tea,• �_ .\ �� • . aft , feti loo ok ma' _ ,A a (I--
C
V. •• %f 4 ammo'. r - ado f, l' rt (1. -, cu �-
ory5
i Y 2 C� 1C�1►�if)f 7J ` c e-rne �j�( f � 1
(BOARD, AGENCY AND COMMITTEE MEMBERS MAY BE REQUIRED TO' FILE WITH
THE STATE, FINANCIAL DISCLOSURE FORMS EACH YEAR)
PLEASE INDICATE BOARDS, AGENCIES OR COMMITTEES YOU
WOULD LIKE TO SERVE ON AND RANK THEM ACCORDING TO CHOICE BY UMBER
BEAUTIFICATION & TREE COMM. BUILDING TRADES REGULATORY &
APPEALS BOARD
CITIZENS CODE ENFORCEMENT
FIRE PENSION BOARD GENERAL EMPLOYEES PENSION
>C eC won %C '
y ' 4 L DEVELOPMEN LAND DEVELOPMENT & REG. AGENCY
LIBRARY BOARD POLICE PENSION BOARb
• t
PARKS AND RECREATION BOARD VETERANS PARK ADV. COMMITTEE
SENIOR AD `68 TrITTEE
7
SIGNATURE (� t � � 1 C�1(Y.h DATE: W '' Air
** SEE REVERSE SIDE FOR LISTING OF BOARDS, AGENCIES AND COMMITTEES k
g.
AGENDA REQUEST
Date: January 31, 1997
Now
Public Hearings, Ordinances and Resolutions:
Consent Agenda: Other Business: ' XX
ITEM DESCRIPTION /SUBJECT:
Request for re- appointment to the Land Development and Regulatory Agency (LDRA).
BACKGROUND:
Mr. Dominick Fazzone and Mr. Robert Garthwaite were re- appointed to the LDRA on February
7, 1994. Their present terms expire February 7, 1997. Ms. Judith Lichter was appointed to the
LDRA on March 7, 1994 and her present term expires on March 7, 1997.
RE COMMENDATION /CONCLUSION:
Council decision
FINANCIAL IMPACT: N \A
FUNDS AVAILABLE: Account Number: N/A
(Specify if Budget Amendment is Required)•
PREVIOUS AGENDA ITEM: YES NO X
Date: Agenda Item No.
Respectfully submitted:
Sondra /A.Pengov _
Board Coordinator
/SMP
c: \reappt.wpd
Dominick Fazzone
302 Paradise Lane
Ed FL 32132
Nay 904- 423 -1332
January 31, 1997
Honorable Mayor and City Council
City of Edgewater
P.O. Box 100
Edgewater, Florida 32132 - 0100
Honorable Mayor and City Council:
I am requesting that you consider me for reappointment to the Land Development and
Regulatory Agency. My present term expires February 7, 1997.
Based on m previous background and knowledge of the Cit I feel m past participation on the
Board has been an asset to the Cit and I look forward to serving another term.
I am available to answer an q uestions y ou ma have.
Thank y ou for y our consideration.
Sincerel
Dominick Fazzone
DF:smp
''fir e \corresp \fazzone
Judith R. Lichter
826 Navi Wa
Ed FL 32141
904- 423 -4499
January 31, 1997
Honorable Mayor and City Council
City of Edgewater
P.O. Box 100
Edgewater, Florida 32132 -0100
Honorable Mayor and City Council:
I am re that you consider me for reappointment to the Land Development and
Regulatory Agency. My present term expires March 7, 1997.
'tir
Based on my previous background and knowledge of the Cit I feel m past participation on the
Board has been an asset to the Cit and I look forward to serving another term.
I am available to answer an q uestions y ou ma have.
Thank y ou for y our consideration.
Sincerel
Judith R. Lichter
JRL:smp
litre \Idra \corresp \hchter
Robert Garthwaite
10 Lee Drive
Ed FL 32141
904- 428 -4490
January 31, 1997
Honorable Mayor and City Council
City of Edgewater
P.O. Box 100
Edgewater, Florida 32132 -0100
Honorable Mayor and City Council:
I am re that you consider me for reappointment to the Land Development and
Regulator Agenc M present term expires February 7, 1997.
Based on my previous background and knowledge of the Cit I feel m past participation on the
Board has been an asset to the Cit and I look forward to serving another term.
I am available to answer an q uestions y ou ma have.
Thank y ou for y our consideration.
Sincerel
Robert Garthwaite
RG:smp
c: \ldra \corresp \garthwa ite
NNW
CITY OF EDGEWATER (qv
APPLICATION FOR APPOINTMENT TO CITY BOARD OR AGENCY Ot\\\ 0
Name V < !p r f tfJ2 ' i l � r,���,\
id re s s � / S (2,1) / � �— ' �4'
Home phone 4E 9w 5/,')7 /7.3f
Occupation Co - D(,),-)e7 v /4-7 r5 c✓ —/70 /Q pp,-/s //2 q ' --if
Business /0/7 c - g p (7
Are you a resident of the City of Edgewater? )/('J
How long have you lived in Edgewater? 5 /v r S
Is your principal place of employment in Edgewater? If so, hog; long? 5 Y,rS
Briefly state your interest in serving on a City Board and list previous experience:
/4 ,7c /SC /7Pr' 5 . J �! c % /77 a(it 1J/ C/"
4 7) (JO / te/ y/Li / /• 4 /)7/7 yie S
3E /J. X p7.72,/ .6)-/
�� f /'P,S7c7
Are you a registered voter? ✓2
Do you hold a public office? ti(
Are you employed by the City ? /V Q
At the present time, do you serve on any other Boards or Agencies? ,NC)
If so, list each:
PLEASE INDICATE BOARDS OR AGENCIES YOU WOULD LIKE TO SERVE ON
All Board Members MUST file financial disclosure each year
Building Trades Regulatory
& Appeals Board / Library Board
tizen Code Enforcement Board / Merit Board
General Employees Pension Board Parks & Recreation Board
Industrial Development Board Police Pension Board
Land Development & Regulatory
Agency
(PLEASE INDICATE ALL BOARDS INTERESTED IN, AND RANK THEM ACCORDING TO CHOICE BY NUMBER)
Signature: Date:
* *See reverse side for listing of Boards and Agencies
loar
.2' 9
1,
THE CITY OF EDGEWATER
POST OFFICE BOX 100 - EDGEWATER, FLORIDA 32132 -0100
ti f 4
A,Tq LITY
Mayor Jack H. Hayman City Manager George E. McMahon
District 1 Councilman Danny K Hatfield City Attorney Krista A. Storey
District 2 Councilwoman Louise A. Martin City Clerk Susan J. Wadsworth
3istrict 3 Councilman Michael D. Hays
1111111Y District 4 Councilman David L. Mitchum
January 8, 1997 a
02- t�3- 91R1 • 'C�:�[
Victor F. Antienowicz
3215 Umbrella Tree Drive
Edgewater, Florida 32141
Dear Mr. Antienowicz,
We currently have your application on file to be considered to
serve on one of our City boards or committees.
We are updating our files and need to know if you are still
interested. Please check one of the following and return this
N, letter to us in the enclosed self- addressed stamped envelope.
Yes, please keep my application on file to be consideration
for appointment.
No, I wish my application be withdrawn.
Sincerely,
Susan J. Wadsworth, CMC
City Clerk
SJW
enclosure
Now
104 NORTH RIVERSIDE DRIVE
FAX - (904)424 -2409 SUNCOM 383 -2407
CITY CLERK - (904)424 -2407
CITY OF EDGE'WATER 4teC '4Z'
* ,� * 104 N. RIVERSIDE DRIVE c4 G,. i f� 1% `I
N - P.U. Box 100 - Edgewater, Florida 32132 -0100 0 ,
- (904) 428 -3245 . SunCom 371 =7005 v &p / `- r
t °o., •
�� APPLICATION FOR APPOINTMENT TO CITY 3 /c/'/ � (� r C�
J i�
BOARDS, AGENCIES OR COMMITTEES S + ( / ' � � 4 (. (K -
Now NAME Asre // /`t , i c ti6-1 L/_ r ` 5 kol
ADDRESS 712EE 1��'I �c q
1/p
HOME •PHONE 4 2 6 - oo 7 / , BUSINESS PHONE
OCCUPATION Tl?uP YJYt At Ai l /u M � c, - rt C ' g16 0 g,' os r/o 4 67
Are you a resident of Edgewater <ES How long Jy64.0
Is your principal place of employment in Edgewater? ./{/o
if yes how long?
Briefly state your interest in serving on a City board, agency or
committee: A'rl' / # TF ;A 7<==N71 i4 e 0 V Oc,/C COmnirA
--7 A e-�/OiZ TO /A s /re: C ONO .yi,c U ttJ 7 //
Oic 77 / 74At E GU6CC /$E, - Oi° ,qGL C /7 / Z6N 1 , A.,,t? 7d
�'►
AOU/e6 , S, f ff f/ // L ,,edA)m i'7 7I M'/c u''''.
Are you a registered voter? YE
Do you hold public office? /1Ja
Are you employed by the City?
At the present time, do you serve on any other Boards, Agencies, or
committees? fro If so, list each:
Have you ever served on any boards, agencies, or committees? "o
If so, list each:
rrrr (BOARD, AGENCY AND COMMITTEE MEMBERS MAY BE REQUIRED TO FILE WITH
THE STATE, FINANCIAL DISCLOSURE FORMS EACH YEAR)
PLEASE INDICATE BOARDS, AGENCIES OR COMMITTEES YOU
WOULD LIKE TO SERVE ON AND RANK THEM ACCORDING TO CHOICE BY NUMBER
BEAUTIFICATION & TREE COMM. X BUILDING TRADES REGULATORY &
APPEALS BOARD
CITIZENS COUNCIL ADV. COMM.
ELEASE INCLUDE RESUME .- - x CITIZEN CODE ENFORCEMENT BOARD
FIRE PENSION BOARD GENERAL EMPLOYEES PENSION
INDUSTRIAL DEVELOPMENT 2- X LAND DEVELOPMENT & REG. AGENCY
LIBRARY BOARD POLICE PENSION BOARD
PARKS AND RECREATION BOARD VETERANS PARK ADV. COMMITTEE
SENIOR AD HOC OMMITTEE
``. SIGNATURE Ze.., • DATE: Z L / 95' 2,
�f /
C
** SEE REVERSE SIDE FOR LISTING OF BOARDS, AGENCIES AND COMMITTEES **
1 -- 13 - 77 ���
�
THE CITY OF EDGEWATER
POST OFFICE BOX 100 - EDGEWATER, FLORIDA 32132 -0100
s
°,TALITY ' c
Mayor Jack H. Hayman City Manager George E. McMahon
District 1 Councilman Danny K. Hatfield City Attorney Krista A. Storey
District 2 Councilwoman Louise A. Martin City Clerk Susan J. Wadsworth
%OW District 3 Councilman Michael D. Hays
District 4 Councilman David L. Mitchum
January 8, 1997
Russell H. Baugher III
3232 Pine tree Drive
Edgewater, Florida 32141
Dear Mr. Baugher,
We currently have your application on file to be considered to
serve on one of our City boards or committees.
We are updating our files and need to know if you are still
interested. Please check one of the following and return this
l, lett to us in the enclosed self - addressed stamped envelope.
Yes, please keep my application on file to be consideration
for appointment.
No, I wish my application be withdrawn.
Sincerely,
/ _
4 -
Susan J. Wadsworth, CMC
City Clerk
SJW
enclosure
104 NORTH RIVERSIDE DRIVE
FAX - (904)424 -2409 SUNCOM 383 -2407
CITY CLERK - (904)424 -2407
02 04 97P03:01 RCVD
THE CITY OF EDGEWATER
POST OFFICE BOX 100 - EDGEWATER, FLORIDA 32132 -0100
`r+ APPLICATION FOR APPOINTMENT TO CITY .
BOARDS, AGENCIES OR COMMITTEES
NAME Gigi Rpnnington
ADDRESS 121 Virginia St.
HOME PHONE 427 -1475 BUSINESS PHONE 426 -2713
OCCUPATION Tax Consultant /Bookkeeper
j
Are you a resident of Edgewater yes How long 20 yrs
Is your principal place of employment in Edgewater? yes
if yes how long? 1S yr.
Briefly state your interest in servingvon'a City board, agency or
committee: I have been invotzred in anc1 ini�PrP,stPd in the
welfare of our City since 1981 when I served on the
*frig ,
Charter Review Committee
Are you a registered voter? y p q
,Do you hold public office? nn
Are you employed by the City? no
At the present time, do you serve on any other Boards, Agencies, or
committees? no If so, list each:
Have you ever served on any boards, agencies, or committees?
If so, list each:' 1981 - "'Charter Review rommittPP,
19R2 =1984` SPrved on the City Council (district 2)
•
19RR- 1990 Sprved on the City Council (district 2)
Now
1 9R9 chairman of Charter h.Revipw Cnmmi t
'1990 - Chairman of ad hoc Sign Committee (LDRA)
(BOARD, AGENCY AND COMMITTEE MEMBERS MAY BE REQUIRED TO FILE WITH
THE STATE, FINANCIAL DISCLOSURE FORMS EACH YEAR)
PLEASE INDICATE BOARDS, AGENCIES OR COMMITTEES YOU
WOULD LIKE TO SERVE ON AND RANK THEM ACCORDING TO CHOICE BY NUMBER
4 BEAUTIFICATION & TREE COMM. CONSTRUCTION REGULATION
BOARD
1 CITIZENS CODE ENFORCEMENT
FIRE PENSION BOARD' GENERAL EMPLOYEES PENSION
? ECONOMIC DEVELOPMENT 1 LAND DEVELOPMENT & REG. AGENCY
LIBRARY BOARD 1 POLICE PENSION BOARD
PARKS AND RECREATION BOARD VETERANS PARK ADV. COMMITTEE
SENIOR AD HOC COMMI
SIGNATURE `... DATE: 'Z c /
** SEE REVERSE SIsE FOR LIST .G OF B' DS, AGENCIES AND COMMITTEES **
•
•
05- 16- 96P12:40 RCVD.
APPLICATION FOR APPOINTMENT TO CITY
BOARDS, AGENCIES OR COMMITTEES
NAME J e, 44 ro. �
ADDRESS rG 8/S 4,4 /�i. /2-1 ° , 6�c�euJc� ge/ �•
J
HOME PHONE 412 S' 1 16 BUSINESS PHONE 800 - 9o,/-- ';/ 4 / el
OCCUPATION (rOr1.Tra.C7`p1' clz 7 ! _ car q /-S
y
Are you a resident of Edgewater OS How long 5�� /f S
Is your principal place of employment in Edgewater? At
if yes how long?
Briefly state your interest in serving on a City board, agency or
committee : o A ti ��� ct' As Cc) rsi,
/ /eA sec•ll _Cc. ` e > 6 ?-4 - ei /%o r egg L Q / "re _s a u s
Are you a registered voter? /vG
,Do you hold public office?
Are you employed by the City? A
_ _At the present time, do you serve on any. other Boards, Agencies, or
committees? /j/U If so, list each:
Have you ever served on any boards, agencies, or committees? ;4'S
If so, list each:
ro i,.ia re/ 4g
•
(BOARD, AGENCY AND COMMITTEE MEMBERS MAY BE REQUIRED TO FILE WITH
THE STATE, FINANCIAL DISCLOSURE FORMS EACH YEAR)
PLEASE INDICATE BOARDS, AGENCIES OR COMMITTEES YOU
WOULD LIKE TO SERVE ON AND RANK THEM ACCORDING TO CHOICE BY NUMBER
BEAUTIFICATION& TREE COMM. - CONSTRUCTION REGULATION
L/ BOARD
CITIZENS CODE ENFORCEMENT
FIRE PENSION BOARD: GENERAL EMPLOYEES PENSION
ECONOMIC DEVELOPMENT 2 LAND DEVELOPMENT & REG. AGENCY
LIBRARY BOARD POLICE PENSION BOARD
PARKS AND RECREATION BOARD VETERANS PARK ADV. COMMITTEE
SENIOR AD HOC , CO ITTEE
nn
SIGNATURE L.- ( DATE: S - / 3`' y?Q
i I ** SEE REVERSE SIDE FOR LISTING OF BOARDS, AGENCIES AND COMMITTEES **
V
. o Ewg l , t.
4 O ,.. CITY OF EDGEWATER .
104 N. RIVERSIDE DRIVE di RECE RECEIVED
P.O. Box 100 - Edgewater, Florida 32132 -0100 MAY 1 7 1993
I _ - (904)428-3245 SunCom 371 7005
S o S a
4 CITY CL.: K
A ..... Y G
APPLICATION FOR APPOINTMENT TO CITY
'taw BOARDS, AGENCIES OR COMMITTEES
NAME = ! / �Z Z/- ,
ADDRESS' / c 0 , (( � R,Z;z'�1� -4G 4
HOME PHONE "68 ✓U 6 e BUSINESS PHONE .4l ‘; 2 3 72//
OCCUPATION C F iJ C_6 co
Are you a resident of Edgewater X ,' How long S --GC dad"
Is your principal place of employment in Edgewater? yew
if yes how long? 4
Briefly state your interest in serving on a City board, agency or
committee : � 7 � � , .4 � � - a , C . _ - � j ;,a �T�
Nur ,e/ i-C4// tf-77 • ,f-efle--e ( .. --ge ,:entfq 6 .-g-t-el
--6 -
Are you a registered voter? )
Do you hold public office? '7-0
Are you employed by the City? 40
At the present time do you serve on any other Boards, Ag ncies, or
committees? 7Z If so, list each: �/f
Have you ever served on any boards, agencies, or committees?
If so, list each: �?1,
•
I
(BOARD, AGENCY AND COMMITTEE MEMBERS MAY BE REQUIRED TO TILE WITH
THE STATE, FINANCIAL DISCLOSURE FORMS EACH YEAR)
PLEASE INDICATE BOARDS, AGENCIES OR COMMITTEES YOU !� ,
WOULD LIKE TO SERVE ON AND RANK THEM ACCOORDING TO CHOICE BY $UMBER
BEAUTIFICATION & TREE COMM. G- BUILDING TRADES REGULATORY &
APPEALS BOARD
''''CITIZENS CODE ENFORCEMENT
eV FIRE PENSION BOARD GENERAL EMPLOYEES PENSION
//INDUSTRIAL DEVELOPMENT [/ / LAND DEVELOPMENT & REG. AGENCY
LIBRARY BOARD (/ PENSION BOARD
PARKS AND RECREATION BOARD VETERANS PARK ADV. COMMITTEE
SENIOR AD HOC COMMITTEE ,
SIGNATURE ��1,0� 4 _x•ec' DATE: 4 ;,; '
** SEE REVERSE SIDE FO ISTING OF BOARDS, AGENCIES AND COMMITTEES *
q , g-f -� ti
, n. --E,frz s� ko/ I.
/2-pc • ti
, , 1, ,
9/7Y s
THE CITY OF EDGEWATER
POST OFFICE BOX 100 - EDGEWATER, FLORIDA 32132 -0100
APPLICATION FOR APPOINTMENT TO CITY
�,-- n / BOARDS, AGENCIES OR COMMITTEES
NAME ED /V X Hide x
ADDRESS /9/4 J /1/ 1444 i: 1? .
HOME PHONE '427 e?-9,2o BUSINESS PHONE 2 4 - 3 2 7
� CC 1
OCCUPATION L.1)e, ,4P
Are you a resident of Edgewater .;y How long i -
Is your principal place of employment in Edgewater?
if yes how long?
Briefly state your interest in serving on a City board, agency or
committee: \ ‘-<---V u!//�f J tt,„.J C� .0 Z J ✓
lierA/62 .G?v !sC/, 4477‘1 k - i /
•
Ate240011/
Are you a registered voter? /VW
,Do you hold public office? /214�
Are you employed by the City? '7V'
At the present time, do you serve on any other Boards, Agencies, or
committees? " If so, list each:
Have you ever serve n any board agenc s, or committees?
If so, list each: �J ;" , p ,�y
i
(BOARD, AGENCY AND COMMITTEE MEMBERS MAY BE REQUIRED TO FILE WITH
THE STATE, FINANCIAL DISCLOSURE FORMS EACH YEAR)
PLEASE INDICATE BOARDS, AGENCIES OR COMMITTEES YOU
WOULD LIKE TO SERVE ON AND RANK THEM ACCORDING TO CHOICE BY NUMBER
BEAUTIFICATION & TREE COMM. CONSTRUCTION REGULATION
BOARD
CITIZENS CODE ENFORCEMENT
FIRE PENSION BOARD GENERAL EMPLOYEES PENSION
ECONOMIC DEVELOPMENT 1 LAND DEVELOPMENT & REG. AGENCY
LIBRARY BOARD J POLICE PENSION BOARD
PARKS AND RECREATION BOARD VETERANS PARK ADV. COMMITTEE
SENIOR AD HO COMMITTEE
SIGNATURE r� COMMITTEE,
DATE: X3 / 9
** SEE REVERSE SIDE FOR LISTING OF BOARDS, AGENCIES AND COMMITTEES **
"-17
0.6%
THE CITY OF EDGEWATER
POST OFFICE BOX 100, EDGEWATER, FLORIDA 32132 -0100
Mayor Jack H. Hayman
District 1 Councilman Danny K. Hatfield MEMORANDUM City Manager George E. McMahon
District 2 Councilwoman Louise A. Martin City Attorney Krista A. Storey
District 3 Councilman Michael D. Hays City Clerk Susan J.Wadsworth
'strict 4 Councilman David L. Mitchum
NNW
DATE: February 27, 1997
TO: Mayor and Council
FROM: George E. McMahon, City Manag
SUBJECT: Discussion re: insurance payments for
employees injured on duty
The item, 8.G., insurance payments for employees injured on duty, is prompted by a letter
sent to the elected officials from the attorney for Larry Westfall, who is requesting health
insurance benefits relative to a recent amendment to the State Statutes (112.19 FS) which
became effective after the date that Sergeant Westfall was injured.
`ir
Council should be advised that although they have the prerogative of providing health
benefits to Sergeant Westfall, it is not mandatory as the effective date of the Statutes is
a year after the injury occurred. In considering the request of Sergeant Westfall, it is
important to recognize that other employees are exposed to injuries on the job consistent
with the work they are constantly doing. This is dramatized in the workers compensation
experience factor rating used in computing the cost for all job classifications, i.e., refuse/
sanitation workers have the highest experience factor rating because of the national
statistics which bear out that they have a greater number of injuries and higher workers
compensation damages resulting from their work efforts than any other job classification.
I have no problem in acknowledging that Police are constantly exposed to risk and danger
on their job and this is recognized through the death and injury benefits currently provided
through the State Statutes and by most cities, including our own. However, if Council is
going to seriously consider this request, I highly recommend that this benefit be provided
to all the City employees.
* ftwe GEM:lsk
cc: Police Chief Lawrence Schumaker
CITY MANAGER'S OFFICE
104 NORTH RIVERSIDE DRIVE
(904)424 -2404 FAX - (904)424 -2409
...411:1111r4rt
INTER - OFFICE MEMORANDUM
EDGEWATER, FLORIDA
TO: City Council
FROM: Krista A. Storey, City Attorney
C.A. NO.: 97 -43
DATE: February 28, 1997
SUBJECT: Addition to Agenda - Retaining Dean, Ringers,
Morgan and Lawton to Represent the City in
Elizabeth A. Hill & Harvey Lee Hill vs Marjorie E.
Stilwell, Arnold Stilwell & the City of Edgewater
On February 28, 1997, the Mayor was served with the attached Second
Amended Complaint regarding an accident at the intersection of 30
Street and Pine Tree Drive.
Joseph Flood of Dean, Ringers, Morgan and Lawton has successfully
represented the City in several matters. Since the issue in the
current case dates back to 1994, this suit must be handled as a
self insurance claim. Based on the firm's responsiveness and work
quality to date, I recommend that the Council retain Dean, Ringers,
Morgan and Lawton in reference to this matmter. The firm's current
hourly rate is a very reasonable $95.00
KAS /rmw
Attachment
Copies to: City Manager
City Clerk
Finance Director
Director of Public Works
THE CITY OF EDGEWATER
POST OFFICE BOX 100, EDGEWATER, FLORIDA 32132 -0100
Mayor Jack H. Hayman
District 1 Councilman Danny K. Hatfield City Manager George E. McMahon
District 2 Councilwoman Louise A. Martin City Attorney Krista A. Storey
strict 3 Councilman Michael D. Hays MEMORANDUM City Clerk Susan J.Wadsworth
* 4rrrhstrict 4 Councilman David L. Mitchum
DATE: February 26, 1997
TO: Mayor and Council -
FROM: George E. McMahon, City Manager cX. )n. .
SUBJECT: Promotion - Fred Munoz/Assistant City Manager
Previously I had indicated to Council that I would keep you advised as I proceed through
the organization studies and updating of all our job classifications. The first major change
is my desire to promote Fred Munoz to Assistant City Manager /Finance Director.
Essentially, Fred would continue to be responsible for being the City's Finance Director
and all of the related accounting functions.
You will note in the enclosed job description that Fred would provide administrative
management in my absence and on a daily basis for finance and other internal
administrative duties which would be assigned from time to time. This includes, but is not
limited to, special projects such as, analysis, management studies, and special reports to
achieve the City's business.
My intention with this is to permit me to have more time available to spend with field
operations and establish sound maintenance programs in areas of concern. Additionally,
I intend to pay a greater role in discussions with the County and other cities regarding
interlocal cooperation, water management planning, and other services for which we may
desire to have interlocal agreements. By concentrating more in the areas I have indicated,
it will allow us to establish a better relationship with the County and other local
governments in this area, and at the same time, look at ways we can continually improve
operations in the field.
•
With the promotion of Fred to Assistant Manager, I would expect to give him the traditional
5% pay increase which has always been given to any other employees who have been
Now promoted. Please note that this is the first management promotion that I have made since
joining the City in November 1991.
CITY MANAGER'S OFFICE
104 NORTH RIVERSIDE DRIVE
(904)424 -2404 FAX - (904)424 -2409
February 26, 1997
Page Two
Finally, reflecting on this promotion, it is important to focus on Fred's achievements during
his tenure with the City, as well as utilizing his fullest abilities to provide the City the
optimum value of his employment. A few that come to mind are as follows:
Fred's involvement with the capital improvements project during the entire
process of planning, financing, assessing, and implementing the programs
($60 million);
The absolute perfection he has achieved in the Finance Department,
including, but not limited to, the GFOA Certificate of Achievement for
Excellence in Financial Reporting for the Comprehensive Annual Finance
Report annually over the past 13 years. This provided the City a sound
basis for getting the best interest rates possible during the most recent
negotiations for borrowing money for the road improvement program;
His total involvement to advising, and his expertise in guiding the City and
me during the negotiations and finalization of the outstanding borrowing plan
on the recent RIP has saved the City in excess of $500,000;
The perfection of the assessment system and equity of administration in the
process of assessments;
low
His full participation and sound advice in budget preparation and financial
investments;
His prudent and constant outstanding performance in every respect as
Finance Director and general administration of all of his responsibilities;
The soundness and effectiveness of the utility billing and collection system
on a daily basis, addressing all the problems in an appropriate and timely
manner; the cost effectiveness of his recommendations and the usefulness
of his guidance in implementation;
His consistent participation and recommendations in virtually every
management decision and administration of the City.
Fred is fully qualified for this position and certainly deserves the full City support in being
promoted with the appropriate associated pay increase typically awarded any employee
Now, promoted under similar circumstances. I fully support, endorse, and seek Council's
support in this promotion.
Should you have any questions regarding this recommendation, please advise me. I will
schedule it on the agenda under my Manager's report.
GEM:lsk
Attachment (Updated job description)
CITY OF EDGEWATER
JOB DESCRIPTION
,� TITLE: Assistant City Manager /Finance Director DATE: Feb. 1997
DEPT /DIV: Finance Department JOB CODE: 0200
FLSA: Exempt GRADE: 37
GENERAL SUMMARY
Under limited supervision manages the financial affairs of the City to include the maintenance of
financial books and records including payroll, bond issues, loans and other debts. Establishes and
maintains internal accounting controls and ensures financial compliance with State and Federal grant
requirements. Exercises responsibility for the investment of City funds and the collection of utility
revenues. Provides interdepartmental support and serves as an information resource to the public on
City financial matters. Reports to the City Manager.
PRIMARY DUTIES AND RESPONSIBILITIES
Assists City Manager in all responsibilities and duties.
Plans, organizes, directs and controls all financial procedures and methods; organizes, coordinates, and
prepares the City budget; administers all treasury functions.
Now Is responsible for designing, implementing, recording, and controlling all revenue collection, and
administers all bond indebtedness of the City.
Performs special studies, analysis and recommendations for City Manager and City Council.
Manages daily administration of City, including internal auditing functions.
Confers with and advises subordinates concerning difficult problems in the development and installation
of new work procedures and policies; approves and controls disbursement of all funds.
Supervises subordinate personnel which involves such duties as planning, reviewing and assigning
work, training, maintaining standards, providing counseling, resolving problems, appraising
performance, selecting and allocating employees, and recommending promotions and salary actions.
Compiles and analyzes financial data and prepares related finance reports; analyzes City fiscal policies;
formulates recommendations for action by the City Manager; provides financial oversight on contracts
and financial obligations; plans and effects the investment of all funds; collects, receives, and
maintains custody of all funds.
Directs and manages the accounting division; reviews present accounting procedures and policies, and
Nossy
recommends changes or modifications which are designed to increase the efficient and effectiveness
of accounting operations; coordinates overall accounting activities.
Studies present accounting practices to assure conformance with established policies and procedures;
develops and modifies detailed accounting procedures, policies, and systems in order to meet the
changing requirements of the City administration.
Finance Director
Directs and supervises the data processing division, managing all hardware acquisitions and
implementations; coordinates programs design, modification and application.
` Advises department heads and other officers on accounting policies and interprets and applies them
to various City functions.
Performs special accounting studies and analyses of various activities of the City government; prepares
special financial statements and reports for the information and guidance of City Officials; prepares
monthly reports of financial analyses on the City operating funds; prepares monthly budgetary reports.
Pre - audits all vendor payments, travel, tuition requests and reimbursements; audits cash receipts of
all City monies; monitors receipt of revenues.
Accountable for management of financial accounting system, including all phases of utility billing
operations; financial compliance with State and Federal grant requirements, and governmental
accounting standards.
Accountable for all City Manager functions in absence of City Manager.
Responsible for financial data processing system and all related equipment /duties.
Performs other related duties as required.
* ow JOB SPECIFICATIONS
Education and Experience:
Bachelor's degree in accounting or finance with 3 - 5 years of financial management experience, with
preferably 2 years of governmental accounting; or any equivalent combination of training and
experience which provides the required knowledge, skills, and abilities. Must have or obtain a CPA
Certificate or CGFO Certificate within two (2) years from date of employment.
Knowledge:
Knowledge of governmental finance, revenue administration, and other phases of fiscal management
and budget control. Knowledge of principles, methods and practices of accounting. Knowledge of the
principles underlying the laws, ordinances and regulations governing the financial operations of the
City. Knowledge of modern business management practices.
Skills /Effort:
Ability to devise and apply modern accounting procedures. Ability to plan, organize and direct the
installation of accounting systems and procedures. Ability to analyze and interpret fiscal and
accounting data. Ability to prepare appropriate statements and reports. Ability to establish and
maintain effective relationships with co- workers, subordinates, and other individuals and groups
involved in the activities of the department. Ability to use independent judgment and discretion in
handling difficult situations which arise in managing funds, supervising subordinates, etc. Is able to
monitor expenditures and maintain accounts within budgetary limitations. Is capable of performing
duties and completing responsibilities under a degree of stress related to meeting tight deadlines.
HammackEnterprises Paget
Finance Director
Working Conditions:
Conducts duties in an office environment with no significant exposure to environmental conditions.
`"' Requires ability to work under a degree of stress related to duties that require constant attention,
meeting deadlines, and managing people. Physical demands are restricted to office work requiring
lifting /moving of items up to 10 pounds. Routine travel is required with occasional overnight travel.
Job requires the operation of standard office equipment. Other physical /mental requirements may
apply.
Responsibility:
Exercises responsibility for the City investment accounts, financial cash flow, and departmental budget.
Supervises departmental staff of approximately 7 employees.
DISCLAIMER STATEMENT
This job description is not intended as a complete listing of job duties. The incumbent is responsible
for the performance of other related duties as assigned /required.
SIGNATURES /APPROVAL:
Date:
'
Date:
Date:
Now
HammackEnterprises Page3