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RESOLUTION NO. 97-R-04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EDGEWATER, FLORIDA, 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.
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.
4. 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 from a condition that is
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unique and peculiar to the land, structures and buildings
involved in that the parcel does not meet the minimum lot size
requirements for a location adjacent to Indian River
Boulevard. The parcel's width is 140 feet instead of the
required 160 feet.
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 the Land Development Code on all other
property in the same zoning district in that strict compliance
with minimum lot size requirements will prohibit the
construction of a residence on the property.
c. The condition is
applicant or property
less than the minimum
building permit.
the result of the actions of the
owner in that the applicant purchased
amount of land necessary to obtain a
d. Granting of the variance will not create unsafe conditions
nor other detriments to the surrounding properties or public
welfare.
e. The variance requested is the minimum variance that will
make possible the reasonable use of the land or structure.
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 in that the Land Development Code
and Edgewater Zoning Ordinance prohibit reductions in lot
sizes below the minimum requirements and the improper
subdivision of land. The variance process is intended to
provide applicants with a mechanism for making reasonable use
of their property in those unique circumstances where they are
unable to through no fault of their own. The process is not
intended to legitimize the prohibited actions of applicants.
NON, 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
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 Councilman Hays and second by Councilman
Mitchum, the vote on this resolution was as follows:
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Mayor Jack H. Hayman, Jr. ABSTAIN
Councilman Danny K. Hatfield AYE
Councilwoman Louise A. Martin AYE
Councilman Mike Hays AYE
Councilman David L. Mitchum AYE
PASSED AND DULY ADOPTED this 3rd day of March, 1997.
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
Mayor �/ ,(/� �
APPROVED FOR FORM
AND CORRECTNESS:
Krista A. Storey
City Attorney
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