99-R-185/25/2023 9:10:44 AM Instrument #2023107865 #1 Book:8411 Page:4853
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RESOLUTION NO. 99-R-18
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EDGEWAT It,FLORIDA, GRANTING A VARIANCE FROM
THE SHORELINE BUFFER AND IMPERVIOUS SURFACE
REQUIREMENTS OF THE FLOOD CONTROL AND
DRAINAGE CHAPTER OF THE CODE OF ORDINANCES
FOR THE LOCATION AT 129 PALM BREEZE DRIVE;
REPEALING ALL 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. Pursuant to Section 9.5-64 of the Code of Ordinances, Stuart and LiAnn Winkler
applied for a variance from the shoreline buffer and impervious surface requirements of the Flood
Control and Drainage Chapter of the Code of Ordinances to allow construction of a swimming pool
(15 x 30 foot) including a concrete deck (40 x 35 foot) at 129 Palm Breeze Drive which is located
on the Intracoastal Waterway.
2. The recommendations ofthe City Engineer have been considered as well as the effect
on the water resources of Edgewater.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Edgewater,
Florida:
Section 1. The request of Stuart and LiAnn Winkler for a variance to construct a swimming
pool behind their home at 129 Palm Breeze Drive is hereby granted subject to the following
conditions:
99-R-18
Instrument #2023107865 #2 Book:8411 Page:4854
a) the concrete deck must be constructed a minimum of 10 feet from the south property
line as per Section 7-324 ofthe Code of Ordinances or 5 feet from any easement line.
b) The concrete deck must be constructed 20 feet from the existing concrete bulkhead.
This will allow for a standard exfiltration trench to be constructed along the east end
of the swimming pool to accommodate the trapping of any stormwater runoff from
entering the Indian River. The stormwater runoff is= allowed to direcd enter the
Indian River. The "filtration system most be designed by a Registered Professional
E9glHcsa•
c) A proposed construction plan for the swimming pool must be submitted for review
to the City indicating construction details, elevation and required information.
d) No construction may be initiated until final approval and permitting is completed by
the City.
Section 2. All resolutions or parts of resolution in conflict herewith be and the same are
hereby repealed.
Section 3. This resolution shall take effect upon adoption.
99-R-18 2
Instrument #2023107865 #3 Book:8411 Pa0e:4855 Laura E. Roth, Volusla County Clerk of Court
After Motion by Councilwoman Lichter and Second by Councilman V incenzi, the vote on
this resolution is as follows:
Mayor Donald A. Schmidt AYE
Councilman lames P. Brown AYE
Councilman Dennis A. Vincenzi AYE
Councilwoman Harriet E. Rhodes AYE
Councilwoman Judy Lichter AYE
PASSED AND DULY ADOPTED this 15th day of November, 1999.
ATTEST: CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By: %" m r l",
Donald A. Schmidt
Mayor
APPROVED FOR FORM
AND CORRECTNESS:
Nikki Clayton
City Attorney
99-R-18 3
'W'
.....,
RESOLUTION NO. 99-R-18
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EDGEW A TER, FLORIDA, GRANTING A VARIANCE FROM
THE SHORELINE BUFFER AND IMPERVIOUS SURF ACE
REQUIREMENTS OF THE FLOOD CONTROL AND
DRAINAGE CHAPTER OF THE CODE OF ORDINANCES
FOR THE LOCATION AT 129 PALM BREEZE DRIVE;
REPEALING ALL 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. Pursuant to Section 9.5-64 of the Code of Ordinances, Stuart and LiAnn Winkler
applied for a variance from the shoreline buffer and impervious surface requirements of the Flood
Control and Drainage Chapter of the Code of Ordinances to allow construction ofa swimming pool
(15 x 30 foot) including a concrete deck (40 x 35 foot) at 129 Palm Breeze Drive which is located
on the Intracoastal Waterway.
2. The recommendations of the City Engineer have been considered as well as the effect
on the water resources of Edgewater.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Edge water,
Florida:
Section 1. The request of Stuart and LiAnn Winkler for a variance to construct a swimming
pool behind their home at 129 Palm Breeze Drive is hereby granted subject to the following
conditions:
99-R-18
1
'-'
....,
,
a) the concrete deck must be constructed a minimum of lO feet from the south property
line as per Section 7-324 of the Code of Ordinances or 5 feet from any easement line.
b) The concrete deck must be constructed 20 feet from the existing concrete bulkhead.
This will allow for a standard exfiItration trench to be constructed along the east end
of the swimming pool to accommodate the trapping of any storm water runoff from
entering the Indian River. The stormwater runoff is not allowed to directly enter the
Indian River. The exfiItration system must be designed by a Registered Professional
Engineer.
c) A proposed construction plan for the swimming pool must be submitted for review
to the City indicating construction details, elevation and required information.
d) No construction may be initiated until final approval and permitting is completed by
the City.
Section 2.
hereby repealed.
Section 3.
All resolutions or parts of resolution in conflict herewith be and the same are
This resolution shall take effect upon adoption.
99-R-18
2
After Motion by Councilwoman Lichter and Second by Councilman Vincenzi, the vote on
this resolution is as follows:
Mayor Donald A. Schmidt AYE
Councilman James P. Brown AYE
Councilman Dennis A. Vincenzi AYE
Councilwoman Harriet E. Rhodes AYE
Councilwoman Judy Lichter AYE
PASSED AND DULY ADOPTED this 15th day of November, 1999.
ATTEST:
99-R-18
7
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
By: h/��
Donald A. Schmidt
Mayor
APPROVED FOR FORM
AND CORRECTNESS:
fib
Nikki Clayton
City Attorney