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LAND DEVELOPMENT AND REGULATORY AGENCY
RESOLUTION NO. 96-7
A RESOLUTION DENYING A VARIANCE
FOR CERTAIN PROPERTY IN EDGEWATER, FLORIDA
WHEREAS, the Land Development and Regulatory Agency of
Edgewater, Florida, has made the following determinations:
1. Holiday Builders, Inc. applied for a variance from Section
602.03 (d) (3) of the Edgewater Zoning Ordinance which requires
building lots adjacent to Indian River Boulevard to have a minimum
lot size of one hundred sixty (160) feet in width and one hundred
twenty (120) feet in depth. The applicant is requesting a twenty
(20) foot variance to allow construction of a residence on a one
hundred forty (140) foot wide parcel on the property described
below located in the R-1B, Single Family Residential District
adjacent to Indian River Boulevard:
The northern one-half of Lot 1557, Lots 1558, 1559 and
1560, Block 69, Florida Shores No. 3 according to the
plat thereof, as recorded in Plat Book 23, Page 83 of the
Public Records of Volusia County, Florida.
2. On December 11, 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 November 27, 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 in that the parcel does not meet the
minimum lot size requirements for a location adjacent to
Indian River Boulevard. The parcel's width is 140 feet
instead of the required 160 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
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same zoning district in that strict compliance with minimum
lot size requirements will prohibit the construction of a
residence on the property.
c. The condition is the result of the actions of the
applicant in that the applicant purchased less than the
minimum amount of land necessary to obtain a building permit.
d. Granting of the variance will not create unsafe conditions
nor other detriments to the surrounding properties or public
welfare in that the applicant will be able to locate the
residence the required 60 feet from Indian River Boulevard.
e. The variance is the minimum variance that will make
possible the reasonable use of the land or structures in that
the requested 20 foot variance is the minimum amount necessary
to allow the issuance of a building permit.
f. The variance desired will be opposed to the general spirit
and intent of the Land Development Code or the City of
Edgewater Comprehensive Plan. The Land Development Code and
Edgewater Zoning Ordinance prohibit reductions in lot sizes
below the minimum requirements and the improper subdivision of
land. The variance process is intended to provide applicants
with a mechanism for making reasonable use of their property
in those unique circumstances where they are unable to through
no fault of their own. The process is not intended to
legitimize the prohibited actions of applicants.
NOW, THEREFORE, BE IT RESOLVED by the Land Development
and Regulatory Agency of Edgewater, Florida, that the request
of Holiday Builders, Inc. for a twenty (20) foot variance to
allow construction of a residence on a one hundred forty (140)
foot wide parcel shall be denied.
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 Nay
Peter Moncure Aye
PASSED AND DULY ADOPTED this 11th day of December, 1996.
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ATTEST:
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Sandra Meager-P~ngo~
Secretary
APPROVED FOR FORM
AND CORRECTNESS:
Kri:&~
City At.torney
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