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1LAND DEVELOPMENT AND REGULATORY AGENCY
RESOLUTION NO. 96-3
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. Ruth B. Allard applied for a variance from the
requirements of Section 602.04 (d) (2) of the Edgewater Zoning
Ordinance to construct a new building encroaching into the required
twenty-five (25) foot corner yard setback and ten (10) foot
interior side yard setback on the property described below located
in the R-2, Single-Family Residential District:
The North 1/2 of Lot 11 and all of Lot 13, Block 2, Doctor
Davis Forster, Trustee's Resubdivision, according to map
recorded in Map Book 8, Page 56 of the Public Records of
Volusia County, Florida.
2. On April 2, 1996, 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 18, 1996, 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 applicant's property is a nonconforming
lot of record. The lot has a buildable area of 1,100 square
feet and an extremely narrow width. Conforming lots within
the R-2 district typically have buildable areas of 2,275
square feet.
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 not permit the construction of a building wider than 11
feet. This is not adequate for the construction of a home.
A house built on a conforming corner lot that met the minimum
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criteria within the R-2 district could have a maximum width of
35 feet across.
c. The condition is not the result of the actions of the
applicant in that at the time the property was purchased by
the applicant in 1972 the lot had a width of approximately 51
feet.
d. Granting of the variance will not create unsafe conditions nor
other detriments to the surrounding properties or public
welfare. Visibility at the intersection of Fernald and Garage
Streets will not be affected. The proposed location of the
new structure will increase the separation between
buildingsiand will not encroach into the required visibility
triangle
e. The variance requested is the minimum variance that will make
possible the reasonable use of the land or structures.
Granting the variance will permit the construction of a home
35 feet in width. Houses are typically between 50 and 70 feet
in width.
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
permi t the applicant to construct a new building wi thin a
building envelope with reasonable dimensions. Approval of the
variance will eliminate the front setback encroachment, reduce
the side setback encroachment and result in the removal of a
structure which sits just 2.2 feet from a public right-of-way.
NOW, THEREFORE, BE IT RESOLVED by the Land Development and
Regulatory Agency of Edgewater, Florida, that Ruth B. Allard shall
be granted a variance to construct a new building encroaching
nineteen (19) feet into the required twenty-five (25) foot corner
yard setback and five (5) feet into the interior side yard setback
on the property described above subject to the condition that the
existing garage shall be removed by from the property. Pursuant to
Section 1011.03 of the Land Development Code, the variance shall
not be valid for a period longer than twelve months unless a
building permit is issued.
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 Aye
Ronald Hildenbrand Aye
Judith Lichter Aye
Peter Moncure Aye
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PASSED AND DULY ADOPTED this 2nd day of April, 1996.
ATTEST:
LAND DEVELOPMENT AND
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Donald Masso ~
Chairman
APPROVED FOR FORM
AND CORRECTNESS:
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