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LAND DEVELOPMENT AND REGULATORY AGENCY
RESOLUTION NO. 97-2
A RESOLUTION GRANTING A VARIANCE
FOR CERTAIN PROPERTY IN EDGEWATER, FLORIDA
WHEREAS, the Land Development and Regulatory Agency of
Edgewater, Florida, has made the following determinations:
1. Donald and Jean Bowles applied for a variance from the
requirements of section 602.04 (d) (2) of the Edgewater Zoning
Ordinance to allow a newly constructed home to encroach 2.32 feet
into the required thirty (30) foot front yard setback and 3.28 feet
into the required ten (10) foot interior side yard setback on the
property described below located in the R-2B, Single-Family
Residential District:
Lots 8189 and 8190, Block 278, Florida Shores unit No.8,
Revised Plat, according to map thereof recorded in Plat Book
23, Page 132 of the Public Records of Volusia County, Florida.
2. On March 26, 1997, the Land Development and Regulatory
Agency held a public hearing on the application after publishing
notice of such hearing in The News-Journal on March 16, 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.
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 Land Development and Regulatory Agency 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
and is a condition that is not ordinarily found in the same
zoning district. The applicants' home is located in the
minimum front and interior side yards. This condition is due
to an error made by the professional land surveyor hired to
layout the applicants' house.
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 this Code on all other property in the same zoning
district. Strict compliance with the setback requirements
would require the house to be moved.
c. The condition is not the result of the actions of the
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applicant, but of the professional land surveyor hired to
layout applicants' house.
d. Granting of the variance will not create unsafe conditions nor
other detriments to the surrounding properties or public
welfare. Approval of the variance will allow the applicants
to leave their house in its present location. Adequate
separations between structures will be maintained because the
home to the south has been located thirteen feet off the
property line.
e. The variance requested is the minimum variance that will make
possible the reasonable use of the land or structures in that
the applicants are requesting a variance that will reflect the
existing field conditions.
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. Granting the variance will
permit the applicants to keep their house in its present
location. While setback encroachments are prohibited, it is
not against the spirit and intent of the City's regulations to
grant a variance in the face of a genuine hardship.
NOW, THEREFORE, BE IT RESOLVED by the Land Development and
Regulatory Agency of Edgewater, Florida, that Donald and Jean
Bowles shall be granted a variance to allow their home to encroach
2.32 feet into the required thirty (30) foot front yard setback and
3.28 feet into the required ten (10) foot interior side yard
setback on the property described above.
After motion and second, the vote on this resolution was as
follows:
Chairman Donald Masso
Aye
vice Chairman Robert Garthwaite
Aye
Mary Agrusa
Aye
Dominick Fazzone
Absent
Ronald Hildenbrand
Aye
Judith Lichter
Aye
Peter Moncure
Aye
PASSED AND DULY ADOPTED this 26th day of March, 1997.
ATTEST:
APPROVED FOR FORM
AND CORRECTNESS:
Kr~-
City Attorney
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