12-14-1977
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BOARD OF ADJUSTMENTS
PUBLIC HEARING
December 14, 1977
The Board of Adjustments held a Public Hearinq on December 14,
1977 at 7:00 P.M. in the City Clerk1s office at City Hall.
The purpose of the Public Hearing was to decide on a request
for variance presented by Warren Bryant of 121 W. Ocean Ave.,
Edgewater.
ROLL CALL
Neil Asting
Jerry Fenske
Lewis Lupinek
Kenneth Millard
James Poland
Present
Present
Present
Excused
Present
In the absence of the Chairman ,Mr. Millard, Mr. Lewis Lupinek
conducted the hearing.
Mr. Bryant was present.
Owners of all neighboring property had been notified and the
property had been posted.
Mr. Lupinek asked if the board members had inspected the property.
Mr. Poland had not inspected the property.
Mr. Bryant is requesting a variance to build a two car garage at
the rear of his property.
The property is zoned R-3.
Mr. Asting said that the way the garage is propose~ it goes up
to the end of the property line on the north side i{ will be within
2 ft. of the property line on the west side. That is against the
zoning law for R-3. A possible solution to the problem would be
for Mr. Bryant to reduce the length of the garage to 261 on the north
side and on the west side it could be moved another 41 from that
property line and there would be no need for a variance.
Mr. Poland said that R-3 zoning calls for 10% of the lot width with
a minimum of 10 ft.
Mr. Lupinek said that it had been verified with the Building Inspector
who said that Mr. Asting1s suggestions would solve the problem.
Mr. Asting said that on the west side of the property there was a
drainage ditch at least 41 wide. He would go along with a variance
if the buildinq was moved with a minimum of 6~ ft. from the west
side property line because of the drainage ditch that is there.
Mr. Bryant said that it was about 30 ft. to the -drainage ditch from
the end of his property line.
Mr. Asting said that no one could build on the lot in back because
it is too narrow.
Mr. Bryant said that .he understands the lot in back could be
sold but not as a buildable lot. He tried to buy' a portion of the
land between his property and the drainage ditch but he could not
get a clear title to it. When he brought his property, the Haymans
had said that they would be glad to sell to the ditch or the full
50 ft. and that is why he set up his property as he has with the
thought in mind that he would be able to add on a few feet.
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Mr. Lupinek said that the Board cannot go on an assumption of
what might happen as to the purchase of future ~roperty, they
must base their opinion on what property there 1S at the present
time.
Mr. Bryant said that unfortunately there was now no chan~e of
his purchasing the property as long as Mr. Hayman ~as al1ve, the
family ha~ changed their mind and do not wish to d1SC~SS an~
real estate transactions. This is the reason why he 1S mak1ng
a request for a variance, so he can build a garage now, b~caus~
he has no idea how long it might be before the Hayman fam1ly m1ght
reconsider.
Mr. Fenske said that Mr~ Bryant told him there was 12 ft. behind
his lot that belongs to the County.
Mr. Asting said he did not believe this area belonged to the
County.
Mr. Bryant said that he had inquired about this area and found out
it was a triangular piece of land that goes up and tapers almost
to a point down beyond Mary Allen's property. It is not a 12 ft.
width all the way through and the land did not go all the way
through like a alley might.
Mr. Fenske said that if Mr. Bryant could purchase this piece
of land he could set his garage back a little further. He also
asked which way the entrance to the garage would be.
Mr. Bryant said it would be right in the front so that he could
~ome straight into the garage. He also stated that he would
be glad to purchase this land at a reasonable price if he could
get a clear title.
Mr. Asting said he believed it was originally the Hawks Park
subdivision and that it may belong to the City.
Mr. Bryant said that he keeps this piece of land cleared and mowed.
Mr. Poland did not have any questions at this time. He would like
to see a little more distance between the garage and property line.
Mr. Asting said that no building permit could be issued for the
adjacent lot, it is too narrow.
Mr. Poland said that he is concerned about t~e 2 ft.setback. The
Board may be setting a precedent that they would not want to live
with in a lot of other cases. The present owners have no objections
to his building to the property line but the next owners might.
Mr. Bryant said he could cut down on the side of his garage because
he wishes to keep this lot out here because it is attractive.
Mr. Poland remarked about the size of the garage that Mr. Bryant
planned to build.
Mr. Fenske brought up the subject of the possible difference between
an attached garage and a detached one.
There was more discussion about the possibility of acquiring the
piece of land behind Mr. Bryant's property.
Mr. Poland suggested that the Board recess this hearing to give Mr.
Bryant an opportunity to investigate the possibility of adding more
land to his property. He also said that probably 20 ft.for a separate
garage on a rear lot is an unrealistic demand but it is the law.
Tape IB He wondered if the Board could request an interpretation from the
Zoning Board to determine whether the 20 ft. means the house or every
building that is installed.
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Mr. Asting said they were told by the Building Inspector if the
proposed garage was 6~ ft. from the west property line and 5 ft.
from the north property line that they could issue a permit to
build it.
There was more discussion about changes in the size of the proposed
garage.
Mr. Asting then made a motion that the Board recess this hearing
until Mr. Bryant had an opportunity to check with the City to
find out about this land. The motion was seconded and passed.
The meeting was recessed until the next regular Board of Adjustments
meeting.
(The Board approved the minutes of their last meeting.on Nov. 16, 1977,
a Public Hearing.)
Minutes taken by:
Nancy Blazi
3
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BOARD OF ADJUSTMENTS
PUBLIC HEARING
December 14, 1977
The Board of Adjustments held a P~blic Hearino on December 14,
1977 at 7:00 P.M. in the City Clerk's office at City Hall.
The purpose of the Public Hearing was to decide on a request
for variance presented by Warren Bryan~ of 121 W. Ocean Ave.,
Edgewate'r.
ROLL CALL
Neil Asting
Jerry Fenske
Lewis Lupinek
Kenneth Millard
James Poland
Present
Present
Present
Excused
Present
In the absence of the Chairman ,Mr. Millard, Mr. Lewis Lupinek
conducted the hearing.
Mr. Bryant was present.
Owners of all neighboring property had been notified and the
property had been posted.
Mr. Lupinek asked if the board members had inspected the property.
Mr. Poland had not inspected.the property.
Mr. Bryant is 'requesting a variance to build a two car gar,age a.t
the rear of his property.
The property is zoned R-3.
Mr. Asting said that the way the garage is proposed it goes up
to the end of the property line on the north side i1 will be within
2 ft. of the property line on the west'side. That is against the
zoning law for R-3. A possible solution to the problem would be
for Mr. Bryant to reduce the length of the garage to 26' on the north
side and on the west side it could be moved another 4' from that
property line and there would be no need for a variance.
Mr. Poland said that R-3 zoning calls for 10% of the lot width with
a minimum of 10 ft.
Mr. Lupinek sa.id that it had been verified with the Building Inspector
who said that- Mr. Asting's suggestions would solve the problem. .
Mr. Asting said that on the west side of the property there was a
drainage ditch at le~st 4' wide.' He would go along with a variance
if the building was moved with a minimum of 6~ ft. from the west
side property line because of the drainage ditch that is there.
Mr. Bryant said that it was about 30 ft. to the ~rainage ditch from
the end of his property line.
Mr. Asting said that no one could build on the lot in back because
it is too narrow.
Mr. Bryant said that .he understands the lot in back could be
sold but not as a buildable lot. - He tried to buy' a portion of the
land between his property and the drainage ditch but he could not
get a clear title to it~ When he brought his property, the Haymans
had said that they would be glad to sell to the ditch or the full
50 ft. and that is why he set up his property as he has with the
thought in mind that he would be able to add on a few feet.
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.
Mr. Lupinek said that:the Board cannot go on an assumption of
what might happen as to the purchase of future ~roperty, .they
must base their opinion on what .property there1s at the present
time.
Mr. Bryant said that unfortunately there was now no chan~e of
his purchasing the property as long as Mr. Hayman ~as al1ve, the
family ha~. changed their mind and do not wish to d1SC~SS an~
real estate transactions. This is the reason why he 1S mak1ng
a request. for a variarice, so he can build a garage -now, b~caus~
he has no idea how long it might be before the Hayman fam1ly m1ght
reconsider.
Mr. Fenske said that Mr~ Bryant told him there was 12 ft. behind
his lot that belongs to the County.
Mr. Asting said he did not-believe this area belonged to the
County.
Mr. Bryant said that he had inquired about this area and found out
it was a triangular piece of land that goes up and tapers almost
to a point down beyond Mary Allen's property. It is not a 12 ft.
width all the way through and the land did not go all the way
through like a alley might.
Mr. Fenske said that if Mr. Bryant could purchase this piece
of land he could set his garage back a l.ittle further. He also
asked which way the entrance to the garage would be.
Mr. Bryant said it would be right in the front so that he could
~ome straight into the garage. He also stated that he would
be glad to purchase this land at a reasonable price if he could
get a clear title.
Mr. Asting said he believed it was originally the Hawks Park
subdivision and that it may belong to the City.
Mr. Bryant said that he keeps this piece of land cleared and mowed.
Mr. Poland did not have any questions at this time. He would like
to see a little more distance between the garage and property line.
Mr. Asting said that no building permit could be issued for the
adjacent lot, it is too narrow.
Mr. Poland said that he is concerned about t~e 2 ft.setback. The
Board may be setting a precedent that they would not want to live
with in a lot of other cases. The present owners have no objections
to his building to the property line but the next owners might.
Mr. Bryant said he could cut down on the side of his garage because
he wishes to keep this lot out here because it is attractive.
Mr. Poland remarked about the size of the garage that Mr. Bryant
planned to build.
Mr. Fenske brought up the subject of the possible difference between
an attached garage and a detached one.
There was more discussion about the possibility of acquiring the
piece of land behind Mr. Bryant's property.
Mr. Poland suggested that the Board recess this hearing to give Mr.
Bryant an opportunity. to investigate the possibility of adding more
land to his property. He also said that probably 20 ft.for a separate
garage on a rear lot-is an unrealistic demand but it is the law.
Tape IB He wondered if the Board could request an interpretation from-the
Zoning Board to determine whether the 20 ft. means the house or every
building that is installed.
2
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~
Mr. Astingsaid they were told by the Building Inspector if the
proposed garage was'6~ ft. from the west property line and 5 ft.
from the north property line that they could issue a permit to
build it.
There was. more discussion about changes in the size of the proposed
garage.
Mr. Asting then made.a motion that the Board recess this hearing
until Mr. Bryant had an opportunity to check with the City to
find out about this land. The motion was seconded and passed.
The meeting was recessed until the next regular Board of Adjustments
meeting.
(The Board approved the minutes of their last meeting_on Nov. 16, 1977,
a Public Hearing.)
Minutes taken by:
Nancy Blazi
3
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BOARD OF ADJUSTMENTS
PUBLIC HEARING
December 14, 1977
The Board of Adjustments held a P~blic Hearing on December 14,
1977 at 7:00 P.M. in the City Clerk's office at City Hall.
The purpose of the Public Hearing was to decide on a request
for variance" presented by WarrenBryan~ of 121 W. Ocean Ave.,
Edgewater.
ROLL CALL
Neil Asting
Jerry Fenske
Lewis Lupinek
Kenneth Millard
James Poland
Present
Present
Present
Excused
Present
In the absence of the Chairman ,Mr. Millard, Mr.. Lewis Lupinek
conducted the hearing.
Mr. Bryant was present.
Owners of all neighboring property had been notified and the
pr6perty had been posted.
Mr. Lupinek asked if the board members had inspected the property.
Mr. Poland had not inspected""the prop~rty.
".
Mr. Bryant is "requesting a variance to b~ild a two car garage at
the rear of his property.
The property is zoned R-3.
Mr. Asting said that the way the garage is proposed it goes up
to the end of the property line on the north side ftwill be within
2 ft. of the property line on the west"side. That is against the
zoning law for R-3. A possible solution to the problem would be
for Mr. Bryant to reduce the length of the garage to 26' on the north
side and on the west side it could be moved another 4' from that
property line and there would be no need for a variance.
Mr. Poland said that R-3 zoning calls for 10% of the lot width with
a minimum of 10 ft.
Mr. Lupinek said "that it had been verified with "the Building Inspector
who said that Mr. Asting"'s suggestions would solve the problem. "
Mr. Asting said that on the west side of the property there was a
drainage ditch at le~st 4' wide." He would go along with a variance
if the building was moved with a minimum of 6~ ft. from the west
side property line because of the drainage ditch that is there.
Mr. Bryant said that it was about 30 ft. to the .~rainage ditch from
the end 6f his property line.
Mr. Asting said that "no one could build on the lot in back because
it is too narrow.
Mr. Bryant said that .he understands the lot in back could be
sold but not as a buildable lot.. He tried to buy. a portion of the
land between his property and the drainag"e ditch but he could not
get a clear "title to it~ When he brought his property, the Haymans
had said that they would be glad to sell to the ditch or the full
50 ft. and that is why he set up his property as he has with the
thought in mind that he would be able to add on a few feet.
,
Q
o
.
~
Mr. Lupinek said that the Board cannot go on an assumption of
what might happen.as to the purchase of future ~roperty, they
must base their opinion on what .property there"lS at the present
time.
Mr. Bryant said that unfortunately there was now no chan:e of
his purchasing the property as long as Mr. Hayman was a11ve, the
family ha~" changed their mind and do not wish to discuss any
real estate transactions. This is the reason why he is making
a request" for a variarice, so he can build a garage "now, b~caus~
he has no id'ea how 1qng it might be before the Hayman faml1y mlght
reconsider.
Mr. Fenske said that Mr~ Bryant told him there was 12 ft. behind
his lot that belongs to the County.
Mr. Asting said he did not believe this area belonged to the
County.
Mr. Bryant said that he had inquired about this area and found out
it was a.triangular piece of land that goes up and tapers almost
to a point down beyond Mary Allen's property. It is not a 12 ft.
width all the way through and the land did not go all the way
through like a alley might.
Mr. Fenske said that if Mr. Bryant could .purchase this piece
of land he could set his garage back a little further. He also
asked which way the entrance to the garage would be. .
~r. -Bryant said it would be right in the front so that he could
~ome'straight into the. garage. He also stated that he would
be glad to purchase this land at a reasonable price if he could
get a clear title.
Mr. Asting said he'believed it was originally the Hawks Park
subdivision and that it may belong to the City.
Mr. Bryant said that he keeps this piece of land cleared ahd mowed.
Mr. Poland did not have any questions at this time. He would like
to see a little more distance between the garage and property line.
Mr. Asting said that no building permit could be issued for the
adjacent lot, it is too narrow.
Mr. Poland said that he is concerned about the 2 ft.setback. The
Board may be setting a precedent that they would not want to live
with in a lot of other cases. The present owners have no objections
to his building to the property line but the next owners might.
Mr. Bryant said he could cut down on the side of his garage because
he wishes to keep this lot out here because it is attractive.
Mr. Poland remarked about the size of the garage that Mr. Bryant
planned to build.
Mr. Fenske brought up the subject of the possible difference between
an attached garage and a detached one.
There was more discussion about the possibility of acquiring the
piece of land behind Mr. Bryant's property.
Mr. Poland suggested that the Board recess this hearing to give Mr.
Bryant an opportunity' to investigate the possibility of adding more
land to his property. He also said that probab1~ 20 ft.for a separate
garage on a rear lot is an unrealistic demand but it is the law.
ape IB He wondered if the Board could request an interpretation from the
Zoning Board to determine whether the 20 ft. means the house or every
building that is installed.
2
u
" .
Mr. Asting said they were told by the Building Inspector if the
proposed garage was 6~ ft. from the.west property line and 5 ft.
from the,north property line that they could issue a permit to
build it.
.There was more discussion about changes in the size of the proposed
garage.
Mr. Asting then made.a motion that the Board recess this hearing
until Mr. Bryant had an opportunity to check with the City to
find out "about this land. The motion was seconded and passed.
The meeting was recessed until the next regular Board of Adjustments
meeting.
(The Board approved the minutes of their last meeting.on Nov. 16, 1977,
a Public Hearing.)
Minutes taken by:
Nancy Blazi
3
.
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A PP LIC'ATION
VOLUSIA
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PUB Lie .~-I EAR I N G
FLORIDA
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;:OR
C I u: ~F E 0 G EV] ATE R
LuUNTY,
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I, the undersigned 'applica~t, 'as fi/foWNER 0 AGENT FOR OWNER 0 CONTRACT
PURCHASER 0 AGENT FOR PURCHASER I do request' that the
Zoning Commission consider this-application for- - 0 REZONING from the classification
of to ~ A VARIANCE 0 A CONDITIONAL USE 0 A SPECIAL USE
o A HOME OCCUPATION 0 OTHER: at their regularly scheduled
Public Hearing on the
day of
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Present zoning of the subject property is /2/ VOCEAAI 1ve:. EbGEA#rrE1T
,;
2.
Located in Section
of Township
South, Range
East,' being
more particularly described as:, (insert or attach Legal Description of property)
, ,
-r;/e At:srEI'i",,(,Y /..., Or -<rJr- 4/0 ANa A~A r'~ .L..o-r #//
~{"./__~.s ~RK ~/-},,( -rv f:C,'.
L.S:. ).B' - 7::7/ 0~ t;,. ~ J
3.
The property fronts on the ~r/ side of
Jvf:sr ct:?EI9..v /lye
(Road)
between its
f
I
intersections with
~(Jr-~ / and ~/,I..J?OA"D "7"RAl:'K~)
(Road) (Road)
~A~ ~"F" d S ~-r {].c-,F"/CE
(Well known feature or structure) .
.....
near
4.
The property has a dimension of
road and an average depth of
proximately
./ - /
(a,.'"
/
/. q8- ..15"
9011 of
fee~ adjoining the
feet, with an area of ap-
5.
It is proposed that the following use be established on the property:
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6.
The following new structures or alterations to existing structures are proposed:
~" CA ~ a AA':~6'~ 2 t'"/;' ~ d "
7.
Height 0. Setbacks will be:
o AS REQUIRED BY ZONING
HEIGHT A? 'Ar /i?oG'~
.
FRONT
REAR
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:-OR OfFICE USE ONLY
~EQUEST NO. APPLICANT DIST. DATE Of.HEfJUNG APPROVED
- -. DENIED
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, being duly sworn do,
herein and herewith compose a
I,
declare that all statements
complete and factual application.
~,,_. 19 7;7
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Sworn to and subscribed before-me this -:;l('.,?=-- day of
Uotary P"bii:. St~tc of Fhri~? I't b-(.~
t'ly Co:;;~.,;;::Jn i:::..:\CS :..~r-:~ 5, 1';~1
t P!'stgA P.)'. "l':'loicar fire c.. Ct,:u",lty Cor,lOth'"
L, .
My Commission Expires
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'"Notary Pub 1 i c ~
--------------------------------.---------------------------------------------
NOTICE TO APPLICANT:
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This application-will -not--be'a'ccepted--for-processing -unless-the foll6\'/i-ng
items are submitted with the application, at the time of filing.
(A) Fee of $ . f~Ci ~- "-.P' . I
,f/ 0(.
(B) Copy of -legal description for property-;---'
(C) A legible map of the property, with dimensions.
(0) letter of authorization from owner, if application is filed by other
than owner.
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MARY A LLEN. a widow'
Mad~ this
1st
day of
December
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. 7.
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of the County of Volusia , State of . Florida
WARREN E~ BRYANT and ALICE M. BRYANT, his wff~' and '.
JAMES C. BRYANT, as joint tenants with the right of survivorship
whose post office address is P. O. Box 725, Edgewater
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.:'. <gra~lor-. ~n(f.
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of the County of
V olusia
, State of
Florida
. grantee-.
BlitnrsBrtlJ. That said gr-cUltor. for and ill consideratioll of the slim of .
-- ---------- ---------------TEN ($10. (0)------ - -- ------ - - -- --- ----------.--Dollars.
and otllt'r good and ,-alllahle t.~nsiderations to said grantor in hand paid hy said grantt't" the receipt whl'rt'Of is hereh\'
al'knowlrtlged. has grantffi. .bargained and sold to the said grantee, and grantet"s heirs and assigns fort'\'t'I'. the fof.
lowing dt"scriht>d land, situatt'. lying and being in V olusia County, Florida, to-wil:
The Wesr. 15 feet of Lot 410, Hawks Park Sulxlivisioo.
as per Map recorded in Map Book 1, p"-ge 156, Public
Records of Volusia County, Florida,
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- ,., .- ,':_ ::'STATE.o~ ~o~lDA1.~
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~ .1~+J.."'~ \'.:' ",'.1~-"~<<~~"'40' ;.-" l.::'~"'--;-""-~"'~' _61!-' ~.:,,~oa"'!:-~.' " ~'... -.;J.. U .,
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alltI said gntntor does herehy fully warrant the title to said Jand:.and will deft'JI(I the same against the lawful claims
of all pt"rsons whomsoe~'er. .
· -~rantor- and -grantee~ are used for singular or plural. as t:Ontext rt.'l pJi res.
In llHtnrsii mqrn'nf. Crantor has hereulIlo set grantor's hand and seal thl' day and )'l'ar first abo\'e written,
S~~" seall'd and delivered ill our presence:
Ir-~~IJ-b?~o__~ (St.-dl)
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~~ ^ TE' OF F19.rlda
COVSn" OF Yolusia
1 HEREin CERTIFY that on
appeart'd
L'-n:1..ff'7-13. a_I. ~ .(/Yl....:.
( St"al )
.( St'.ll)
NOTARY PUBUC. STATE. Of FLORIDA AT LARGE
MY COMMISSION EXPIRES MARCH 8. 1979
thiS day before me, an officer duly IJllalified to tall" acknowledgments. pl'~nlln~'
. ~ =:
MARY ALLEN a widow ,.,,::: ';".I.:. .
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to me knm..-n to be tht: person described in and who ~Itt'<l the- furt."going instrument and ild:~~~~~?!i:'..
me t ha t She e:ll:cuted the same. ~ , 2 .... . ""1 ~ ;'" .....-
WITNESS my hand and official seal in the Count)' and d.&Y .Of:- 'oe~J::eC'. \' "lI I
19 75 " .,.. . " J ." -'. .
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My commission expires:
-
61557
PL.;'! OF SURVEY OF ( ~
.fue l;ester1y 15 feet Q I.ot 410 and. all of I.ot 41'r, HA...'KS Phl<J( P.c:hLIT C(;.
. . . .
st;BDIVISIOl~ in Edgewater, Florida as sho'WIl on mup in Hap Boo}: 1, page 15t.
of the ~~lic Records of Volusia County, Florida.
December 2; 1975 -- I h~reby certify that this plat is, a true and correct
representa,tion of the land surveyed.' _,
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":'-"~'~,'::.'" SIGNED':'
D IEL W. -CORY
, .
FLA.' REG. SURVEYOR
300 CANAL STREET
NEW Sl'~RNA BEAC:!,
FLORIDA
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~it!' of ~bgttuatet
v olusia County, Florida 32032
Post Office Box 100
~. .
December 1, 1977
New Smyrna Beach News and Observer
109 Magnolia Street
New Smyrna Beach, Florida 32069
Dear Sir:
Please publish the following notice of Public Hearing and send
the proof of publ i cati on and bi 11- to the above address.
NOTICE OF PUBLIC HEARING
Notice is herby given that the Board of Adjustments of the
City of Edgewater, Florida will hold a Public Hearing on
December 14, 1977 at 7:00 P.M. in the City Clerk's office for
the purpose of hearing all parties interested and to consider and
act upon the application of the following:
Warren E. Bryant at 121 W. OCean Avenue is asking fO~4.5
foot variance, for the purpose of building a garage. The legal
description of the property being the Westerly 15 feet of lot 40
and all of lot 41~ Hawks Park Subdivision in Edgewater, Florida
as shown .on map.in Map Book 1 page 156 of the Public Records
of Volusia 'County, Florida.
City of'Edgewater
~L~L-ej/
Sue .Bl ackwell f{--
City Clerk
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