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RESOLUTION NO. 99-R-OS
(VARIANCE DENIED)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EDGEW ATER, FLORIDA, DENYING A VARIANCE FOR
PROPERTY LOCATED AT 3130 TAMARIND 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. Jeanne and Beneditto DelNigro applied for a variance from the requirements of Section
602.04.2( d)(2) of the Edgewater Zoning Ordinance to erect a structure which would be located
within the required thirty (30) foot front yard setback by encroaching approximately ten (10) feet
into the setback and also would be located within the required ten (10) foot side yard setback by
encroaching approximately eight (8) feet on the property described below located in the R-2B, Single
Family Residential District:
Lots 14663, 14664, and 14665, Block 472, Florida Shores No. 25 (revised) as shown
on map in Map Book 19, Page 245 of the Public Records of Vol usia County, Florida
2. On March 31, 1999, the Local Planning Agency held a public hearing on the application
and denied the requested variance. Pursuant to Section 1011.04 of the Land Development Code, on
April 2, 1999, the DelNigro's filed a written request appealing the decision of the Local Planning
Agency.
3. On May 17, 1999, the City Council held a public hearing on the application after
publishing notice of such hearing in the Observer on May 5, 1999, and notifying by mail all property
owners who own real property directly affected by the proposed action and all property owners who
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own real property within 500 feet of the subject property.
3. After consideration of the testimony presented during the public hearing, including staff
comments, 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 from a condition that is not unique and peculiar to the
land, structures and buildings involved and is a condition that is ordinarily found in
the same zoning district because:
numerous houses have been constructed diagonally on lots as well as numerous
houses have had side street closures during the road and drainage capital
improvement construction in Florida Shores.
b Strict compliance with area, setback, frontage, height, bulk, and/or intensity
requirements would not result in unnecessary hardship for the applicant as
distinguished from restrictions imposed by this Code on all other property in the
same zoning district because:
other suitable sites for construction of the carport exist on the site which would not
. .
reqUIre a vanance.
c. The condition is the result of the actions of the applicant or property owner because:
other locations are available to owner which do not require a variance but owner did
not elect to permit such other conforming sites.
d. Granting of the variance will create other detriments to the surrounding properties or
public welfare because:
precedent would exist which might encourage other similar requests.
e. The variance requested is/is not the minimum variance that will make possible the
reasonable use of the land or structures because:
N/A
f. The variance desired will be opposed to the general spirit and intent of the Land
Development Code or the City of Edgewater Comprehensive Plan:
because variances are not encouraged unless all of the criteria are met.
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g. The decision of the Planning and Zoning Board is without error and should be
upheld.
h. The facts and recommendation outlined in Staffs report are correct and persuasive.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Edgewater,
Florida:
Section 1. The variance request of Jeanne and Beneditto DelNigro to construct a carport
which would be located within the required thirty (30) foot front yard setback, encroaching
approximately ten (10) feet and would be located within the ten (10) foot side yard setback,
encroaching approximately eight (8) feet shall hereby be 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 adoption.
After motion by Councilwoman Lichter and second by Councilman Hammond, the vote on
this resolution was as follows:
Mayor Randy G. Allman
NAY
Councilman Jim Gornto
NAY
Councilman Myron F. Hammond
AYE
Councilman Gary W. Roberts
AYE
Councilwoman Judy Lichter
AYE
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PASSED AND DULY ADOPTED this 17th day of May, 1999.
ATTEST:
SusanA. W,dsworth
,4;�,'City• Clerk _
99-R-05
CITY COUNCIL OF THE
CITY OF EDGEWATER�FLORIDA
I3dndg G. Allman
Mayor
APPROVED FOR FORM
AND CORRECTNESS:
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Nikki Clayton �—
City Attorney