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97-2 .... Q o 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 LDRA 97-2 1 ,"".. o o 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 LDRA 97-2 2