97-3
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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
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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:
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Sond a Meager- en
Secretary
LAND DEVELOPMENT AND
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Donald Masso
Chairman
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APPROVED FOR FORM
AND CORRECTNESS:
LDRA 97-3
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