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LAND DEVELOPMENT AND REGULATORY AGENCY
RESOLUTION NO. 96-1
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. Anthony Lagano applied for a variance from the
requirements of Section. 606.02 (e) (1) of the Edgewater Zoning
Ordinance to construct a new building encroaching five (5) feet
into the required twenty-five (25) foot corner yard setback on the
property described below located in the B-3 Highway Service
Business District:
Lot One (1) in Block Three (3) of McGinnis Subdivision,
Edgewater, Volusia County, Florida, as recorded in Map Book
8, Page 190 of the Public Records of Volusia County, Florida.
2. On January 31, 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 January 16, 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. While the B-3 district does not
contain a minimum lot size, the lots within the district are
generally much wider than the applicant's in order to
accommodate required site elements such as landscaping,
parking, and stormwater provisions.
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 would not permit the
construction of a building wider than 15 feet and would result
in a building envelope of not more than 1,125 square feet.
This amount of buildable space is far less than the amount
ordinarily available on other properties in the same district
or most other districts in the City.
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c. The condition is not the result of the actions of the
applicant or property owner in that at the time the property
was purchased by the applicant in 1982 the lot had a width of
50 feet.
d. Granting of the variance will not create unsafe conditions
nor other detriments to the surrounding properties or public
welfare. Granting the requested variance will not interfere
with visibility at the intersection of Western Avenue and US
1 and 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.
The requested variance will increase the building envelope to
1,500 square feet, an amount which is still modest in
comparison to other properties in the B-3 district.
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
small but reasonably sized building envelope. The new
building will match the existing encroachment into the corner
yard setback and all other existing encroachments will be
eliminated.
NOW, THEREFORE, BE IT RESOLVED by the Land Development
and Regulatory Agency of Edgewater, Florida, that Anthony
Lagano shall be granted a variance to construct a new building
encroaching five (5) feet into the required twenty-five (25)
foot corner yard setback on the property described above
subject to the condition that the existing deteriorated
structure and concrete slabs located on the property shall be
removed by March I, 1996. 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 Dominick Fazzone
Aye
vice Chairman Donald Masso
Aye
Mary Agrusa
Aye
Robert Garthwaite
Aye
Ronald Hildenbrand
Aye
Judith Lichter
Aye
Peter Moncure
Aye
PASSED AND DULY ADOPTED this 31st day of January, 1996.
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ATTEST:
LAND DEVELOPMENT AND
REGULATORY AGENCY
APPROVED FOR FORM
AND CORRECTNESS:
,/
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