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RESOLUTION NO. 97-R-02
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EDGEWATER, FLORIDA, GRANTING A VARIANCE FOR
PROPERTY LOCATED AT 115 N. 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
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 27057'25" E along
the Easterly R/W of said North Riverside Drive, a
distance of 100.00 feet for the Point of Beginning;
thence N 66045'55" E a distance of 370.00 feet; thence S
27057'25" E a distance of 140.00 feet; thence S 66045"55"
W a distance of 370.00 feet to the said Easterly R/W of
North Riverside Drive; thence N 27057'25" 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
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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, 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
unique and peculiar to the land, structures and buildings
involved in that the property was developed and constructed in
1978 with a concrete circular driveway, an entrance to a two
car garage and additional parking for two cars in the
southwest quadrant. Placement of a carport in another
location on the property would be inconsistent with the
planned development of the parcel, specifically the large open
space area.
b. Strict compliance with area, setback, frontage, height,
bulk, and/or intensity requirements would not permit the
construction of the proposed carport in the specific location
desired by the applicants.
c. The condition is not the result of the actions of the
applicants in that the concrete pad which the applicants wish
to utilize for the carport was in place at the time the
applicants purchased the property in 1990. Additionally, the
applicants were not involved in the creation of the lot or the
construction of the home and driveway.
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 in that placement
of the carport in another location on the property would be
inconsistent with the planned development of the parcel,
specifically the large open space area.
f. The variance desired will not be opposed to the general
spirit and intent of the Land Development Code or the City of
Edgewater Comprehensive Plan in that it is the intent of the
Code to provide relief in these types of unique circumstances.
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 shall be granted.
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 Councilman Hays and second by Councilman
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Hatfield, the vote on this resolution was as follows:
Mayor Jack H. Hayman, Jr. Aye
Councilman Danny K. Hatfield Aye
Councilwoman Louise A. Martin Nay
Councilman Mike Hays Aye
Councilman David L. Mitchum Nay
PASSED AND DULY ADOPTED this 3rd day of March, 1997.
CITY COUNCIL OF THE
CITY OF EDGEWATER, FLORIDA
�Jac
k H. Hayman,
i
Mayor
APPROVED FOR FORK
AND C RRECTNESS:
o A. Storey
City Attorney
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