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96-6 ...... .. u u LAND DEVELOPMENT AND REGULATORY AGENCY RESOLUTION NO. 96-6 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: Lots 3226, 3227, 3228 and the south one-half of 3229, Block 49, Florida Shores unit No. 2 Revised Plat according to the plat thereof, as recorded in Plat Book 23, Page 103 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 owne~s 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 96-6 "';. 96-6 o o restrictions imposed by this Code on all other property in the 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 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. ..... . o o ATTEST: LAND DEVELOPMENT AND 0:~s~ ~ ~~~~-~ Sandra Meager-Pengo~ Secretary Chairman APPROVED FOR FORM AND CORRECTNESS: Kr~ City Attorney 96-6