2002-R-19C
RESOLUTION NO. 2002-R-19
02/24/2003
12:19
strument
# 2003-042380
.gook:
5022
Page:
2000
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
EDGEWATER, FLORIDA, GRANTING OR DENYING THE
APPEAL FOR VARIANCE REQUESTS SUBMITTED BY
EDWARD S. HAVEN OWNER OF SHERM, INC. AND OF
THE COMMERCIAL PROPERTY LOCATED AT 202
MANGO TREE DRIVE; IF VARIANCE IS GRANTED -
AUTHORIZING AGREEMENT AND EXECUTION OF THE
AGREEMENT FOR INSTALLATION OF REQUIRED
IMPROVEMENTS; 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. Edward S. Haven, owner of Sherm, Inc., and of the commercial property located at
202 Mango Tree Drive applied for variances from the requirements of Sections 21-57.02 (g) and (k)
(Off -Street Parking Standards) ofthe Land Development Code regarding parking and driveway areas
to be paved.
2. On June 12, 2002, the Planning and Zoning Board (Local Planning Agency) held a
public hearing on the application and denied the requested variances. Pursuant to Section 21-100
of the Land Development Code, on July 9, 2002, Mr. Haven submitted an Appeal Application to
appeal the decision of the Planning and Zoning Board (Local Planning Agency).
3. On August 19, 2002, the City Council held a public hearing on the Appeal
Application after publishing notice of such hearing in the Observer on August 6, 2002 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 300 feet of the subject property.
2002-R-19
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4. After consideration ofthe testimony presented during the public hearing, including
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staff comments, the City Council finds that the requested Variances do,~ . tr meet the variance
requirements set forth in Section 21-100 of the Land Development Code.
NOW, THEREFORE, BE IT RESOLVED by the City Council ofthe City of Edge water,
Florida:
Section 1. The variance requests of Edward S. Haven from the requirements of Sections 21-
57.02 (g) and (k) (Off-Street Parking Standards) of the Land Development Code regarding parking
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and driveway areas to be paved shall hereby be approved L--... '1:r
Section 2. Ifvariance is granted/approved, this Resolution will also authorize approval and
execution of the Agreement for Installation of Required Improvements between the parties.
Section 3. All resolutions or parts of resolutions in conflict herewith be and the same are
hereby repealed.
Section 4. 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:
AYE NAY
Mayor Donald A. Schmidt X
Councilman James P. Brown X
Councilman Myron F. Hamnond X
Councilwoman Harriet E. Rhodes X
Councilwoman Judy Lichter X
2002-R-19
2
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NO
� NN PASSED AND DULY ADOPTED this ieth day of November
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ATTEST
Susan J. Wadsworth
City Cler
For the use and reliance only by the City of
Edgewater, Florida. Approved as to form and
legality by: Scott A. Cookson, Esquire
City Attorney
Foley & Lardner
2002-R-19
2002.
CITY COUNCIL OF THE
CITY O GEWAJTTEER,R, FLORIDA
By: ��� da�4rof4
Donald A. Schmidt
Mayor
�v.Q l
Robin L. Matusick
Legal Assistant
Approved by the City Council of the City of
Edgewater at a meeting held on this W day
Of November , 2002 under
Agenda Item No. s-e
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AGREEMENT FOR INSTALLATION
OF REQUIRED IMPROVEMENTS
THIS AGREEMENT, entered into this 18th day of November, 2002, by and between
EDWARD S. HA VEN, hereinafter referred to as "Developer", and the CITY OF EDGEW A TER,
a municipal corporation, hereinafter referred to as "City".
WITNESSETH:
WHEREAS, the Developer is modifying an existing building located at 202 Mango Tree
Drive, Edgewater; and,
WHEREAS, the Developer requests the issuance of a Certificate of Occupancy prior to the
installation of all required improvements; and
WHEREAS, Developer is willing to provide assurance to the City to guarantee that the
required improvements will be installed after issuance of the Certificate of Occupancy; and
WHEREAS, Chapter 8 of the Land Development Code of the City of Edgewater provides
a mechanism for utilization of development prior to completion of all required improvements.
NOW, THEREFORE, in consideration ofthe agreements, premises, and covenants set forth
herein, the Developer and City agree as follows:
1. The property which is the subject of this Agreement is located at 202 Mango Tree
Drive, Edgewater, and further described as follows:
A parcel of land in Lot 37, Assessor's Subdivision of the Alvarez
Grant, as recorded in Map Book 3, Page 137, of the Public Records
of Vol usia County, Florida, described as follows: Commence at the
Southwest comer of said Lot 37; thence along the South line of said
Lot 37, North 740 East, a distance of2946.10 feet; thence North 220
06' West, a distance of271.00 feet for the Point of Beginning; thence
North 67037' 40" East, a distance of 166.32 feet to the West right of
way line of Mango Drive; thence North 22006' West along said R/W,
a distance of94.99 feet; thence South 67037' 40" West, a distance of
166.32 feet; thence South 22006' East, a distance of94.99 feet to the
Point of Beginning.
(Agreement/Required Improvements - Paving - Haven - Sherm, Inc.)
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2. Pursuant to the approved Site Plan SP-OOlO and Development Order DO-02l7 for
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the above described property, the Developer is required to come into compliance of the Land
Development Code, Sections 2l-57.02(g) & (k).
3. Developer agrees that all requirements contained in Sections 2l-57.02(g) & (k) of the
....
~ ~ Land Development Code will be constructed within a four (4) year period from the date written
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CD a. above.
4. In consideration of this Agreement, and upon compliance with all other requirements
of SP-OO 1 0 and DO-02l7, the City shall issue the Developer a Certificate of Occupancy.
5. The required improvements shall be consistent with the Land Development Code and
in full compliance with the provisions of SP-OOlO and DO-02l7. Upon notification to the Chief
Planner of completion, inspection, and approval of the required improvements, the City will then
issue the permanent Certificate of Occupancy.
6. It is further understood and agreed by the Developer that in the event all
improvements are not completed by November 18, 2006, the City shall have and is hereby granted
the right to cause the improvements to be installed and/or completed and Developer shall be
responsible for payment of all costs and expenses incurred in the installation thereof, including but
not limited to, engineering, legal and contingent costs. Furthermore, it is agreed by the Developer
that the City shall be reimbursed for any damages, either direct or consequential, which the City may
sustain as a result of the failure of Developer to carry out and execute all of the provisions of this
Agreement and the provisions of the Land Development Code. The City shall have the option to
complete the improvements/requirements with City employees and equipment or pursuant to public
advertisement and receipt of bids in the event of Developer's failure or refusal to do so in accordance
with the terms of this Agreement.
7. Developer acknowledges that he is the owner ofthe subject property, and agrees that
(Agreement/Required Improvements - Paving - Haven - Sherm, Inc.)
2
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0 this Agreement shall be a covenant running with the land and shall be binding on the Developer, as
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Y well as his successors, assigns, heirs and legal representatives, and any licenses issued by the City
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O O y shall be subject to the conditions contained in Paragraph 8 of this Agreement.
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„y 8. Developer agrees to disclose the existence of this Agreement to any perspective
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Y Ms m purchaser and compliance with the requirements of this Agreement shall be made a condition of any
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9. Upon execution, the City of Edgewater shall deliverthis agreement for recording into
the Public Records of Volusia County, Florida.
IN WITNESS WHEREOF, the parties have caused this Agreement to be made and entered
into the day and year first written above.
WITNESSES: SHERM, INC. (DEVELOPER)
Z�lslbi
/ Edward S.
Owner
Dated Z 1I8103
_: Y ✓ ATTESf..t CITY OF EDGEWATER, FLORIDA
By:
' I .Susan J. Wadsworth Donald A. Schmidt
City Clerk Mayor
b�
Robin L. Matusick
Legal Assistant/Paralegal
(Agreement/Required Improvements - Paving - Haven - Sherm, Inc.)
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SECTION 39, TOWNSHIP 16 SOUTH, RANGE 34 EAST
25'd WIDE DOCH
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