Loading...
96-1 ~~o..._ u u ,~ . 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. 96-1 ~ 96-1 o o 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. . -, o o ., . ATTEST: LAND DEVELOPMENT AND REGULATORY AGENCY APPROVED FOR FORM AND CORRECTNESS: ,/ 96-1