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LAND DEVELOPMENT AND REGULATORY AGENCY
RESOLUTION NO. 96-5
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. Ferdinand and Joanne Heeb applied for a variance from the
requirements of Section 602.02 (d) (2) of the Edgewater Zoning
Ordinance to erect a structure which would be located within the
required forty (40) feet front yard setback and which would
encroach 8.25 into the required ten (10) foot side yard on the
property described below located in the R-1A, Single Family
Residential District:
Filled, semi-submerged and submerged lands extending 370
feet East of Riverside Drive, a 50 foot right-of-way as
now laid out, of the North 240 feet of Lot 4-L lying
south of Lamont Street, except the North 100 feet as
measured along Riverside Drive, ALVAREZ GRANT, as shown
on map in Map Book 3, Page 137, Public Records of Volusia
County, Florida, also known as the following: Filled,
semi-submerged and submerged lands lying Easterly from
the South 140 feet of the North 240 feet South of Lamont
Street of Lot 4-L, Alvarez Grant, as recorded in Map Book
3, Page 137, of the Public Records of Volusia County,
Florida described as follows: Commence at a point on the
East R/W of North Riverside Drive, a 50 foot R/W as now
laid out and monumented where it is intersected by the
Easterly prolongation of the South line of Lamont Street,
a 50 foot R/W as now laid out; thence S 27057'25" E along
the Easterly R/W of said North Riverside Drive, a
distance of 100.00 feet for the Point of Beginning;
thence N 66045'55" E a distance of 370.00 feet; thence S
27057'25" E a distance of 140.00 feet; thence S 66045"55"
W a distance of 370.00 feet to the said Easterly R/W of
North Riverside Drive; thence N 27057'25" W a distance of
140.00 feet to the Point of Beginning.
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
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Development Code, the Land Development and Regulatory Agency has
made the following findings of fact:
a. The variance requested does not arise from a condition
that is unique and peculiar to the land, structures and
buildings involved. The applicants own a relatively large
parcel of land on which the size and placement of the
residence within the building envelope allows for further
conforming development of the property.
b. strict compliance with area, setback, frontage, height,
bulk, and/or intensity requirements would not permit the
construction of the proposed carport in the specific location
desired by the applicants. However, there are other areas on
the property where a carport could be erected without
encroaching into the required setbacks.
c. The condition is not the result of the actions of the
applicants in that the concrete pad which the applicants wish
to utilize for the carport was in place at the time the
applicants purchased the property in 1990. Additionally, the
applicants were not involved in the creation of the lot or the
construction of the home and driveway.
d. Granting of the variance will not create unsafe conditions
nor other detriments to the surrounding properties or public
welfare.
e. Reasonable use of the land is possible without granting
the variance in that the existing building envelope is 4.8
times larger than the minimum envelope required in the R-1A
District. Granting the variance would permit erection of a
structure outside the permissible building envelope.
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 in that it is the intent of the
Code that variances be granted in instances of unique
hardship, not in the case of restrictions that the Code
imposes on each property.
NOW, THEREFORE, BE IT RESOLVED by the Land Development and
Regulatory Agency of Edgewater, Florida, that the variance request
of Ferdinand and Joanne Heeb to erect a structure which would be
located within the required forty (40) feet front yard setback and
which would encroach 8.25 into the required ten (10) foot side yard
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 Nay
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Judith Lichter
Aye
Peter Moncure
Nay
PASSED AND DULY ADOPTED this 11th day of December, 1996.
ATTEST:
LAND DEVELOPMENT AND
REGULATORY A NCY
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Sondra Meager~Perlgov-
Secretary
APPROVED FOR FORM
AND CORRECTNESS:
~LV
Krista A. Storey 0
City Attorney
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