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97-3 ~- , -; o o LAND DEVELOPMENT AND REGULATORY AGENCY RESOLUTION NO. 97-3 A RESOLUTION DENYING A CONDITIONAL USE FOR CERTAIN PROPERTY IN EDGEWATER, FLORIDA WHEREAS, the Land Development and Regulatory Agency of Edgewater, Florida, has made the following determinations: 1. Jesusa H. Wheeler applied for a conditional use permit to construct an institutional residential home on the property described below in the R-4, Multi-Family district: The North 116.50 feet of the South 693 feet of the West 273 feet of u.S. Government Lot 3, Section 3, Township 18 South, Range 34 East, Volusia County. 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 conditional use permits set out in Section 612 of the Land Development Code, the Land Development and Regulatory Agency has made the following determinations: a. The request is in compliance with the Land Development Code, the City of Edgewater Comprehensive Plan and the Edgewater Code of Ordinances in that Section 603.01(c)(3) of the Edgewater Zoning Ordinance permits institutional residential homes as conditional uses in the R-4, Multi- Family district. The proposed use meets the definition of an " insti tutional residential home" set forth in Article II of the Edgewater Zoning Ordinance. Section 603.01(c)(3) was added to the Zoning Ordinance to satisfy the intent of Objective 7 of the Housing Element of the Edgewater Comprehensive Plan and state law which requires communities to make provisions for group homes and congregate living facilities in residential areas. b. Although the proposed use is a dwelling unit intended to provide an assisted living environment for elderly residents, the amount of traffic that will be generated from the full-time staff and delivery trucks will have an undue adverse effect upon nearby properties. c. On the land to the north of the proposed site there is a single family home and an excavation contractor. To the east and south are located duplexes and single family homes. More single family homes are located to the west. Although the proposed use is residential in nature, the number of proposed residents and their resulting needs LDRA 97-3 1 i o o will alter the character of the neighborhood in which it would be located. NOW, THEREFORE, BE IT RESOLVED by the Land Development and Regulatory Agency of Edgewater, Florida, that Jesusa H. Wheeler shall be denied a conditional use permit to construct an institutional residential home on the property described above. After motion and second, the vote on this resolution was as follows: Chairman Donald Masso Nay vice Chairman Robert Garthwaite Aye Mary Agrusa Aye Dominick Fazzone Absent Ronald Hildenbrand Aye Judith Lichter Aye Peter Moncure Nay PASSED AND DULY ADOPTED this 26th day of March, 1997. ATTEST: ~~~ Sond a Meager- en Secretary LAND DEVELOPMENT AND Qt:~ Donald Masso Chairman / '-- APPROVED FOR FORM AND CORRECTNESS: LDRA 97-3 2