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96-2 ..'<> u (,) LAND DEVELOPMENT AND REGULATORY AGENCY RESOLUTION NO. 96-2 A RESOLUTION GRANTING A CONDITIONAL USE FOR CERTAIN PROPERTY IN EDGEWATER, FLORIDA WHEREAS, the Land Development and Regulatory Agency of Edgewater, Florida, has made the following determinations: 1. WACO Manufacturing, Inc. applied for a conditional use permit to construct an addition to an existing building four (4) feet in excess of the twenty-six (26) foot height requirement established in Section 607.00(e) (3) of the Edgewater Zoning Ordinance on the property described below in the 1-1, Light Industrial District: A parcel of land in Lot 37, Assessor's Subdivision of the Alvarez Grant, as recorded in Map Book 3, page 137 of the Public Records of Volusia County, Florida described as follows: Commence at the Southwest corner of said Lot 37; thence along the south line of said Lot 37, N 74000'00" E, a distance of 2121.5 feet; thence N 22006'00" W, a distance of 276.1 feet for the POINT OF BEGINNING; thence continue N 220 06'00" W, a distance of 380.00 feet to the south right of way line of Park Avenue; thence along said R/W line, N 67037'40" W, a distance of 350.00 feet; thence S 22006'00" E, a distance of 380.00 feet; thence S 67037'40" W, a distance of 350.00 feet to the Point of Beginning. LESS AND EXCEPT a parcel of land in Lot 37, Assessor's Subdivision of the Alvarez Grant as recorded in Map Book 3, Page 137, Public Records of Volusia County, Florida described as follows: Commence at the intersection of the West right-of-way line of Mango Drive with the South right-of-way line of existing Park Avenue; run thence S 66003'01.8" W along the said South R/W of existing Park Avenue, a distance of 624.889 feet to the Point of Beginning; thence S 23005'28.9"E, a distance of 7.792 feet; thence S 67004'05.9" W, a distance of 349.988 feet of the East line of lands described in Official Records Book 2458, Page 78; thence N 23005'28.9" W along said line 9.924 feet to the aforesaid South R/W of existing Park Avenue at a point located N 74002'21.8" E, a distance of 2121.10 feet and N 23005'28.9" W, a distance of 660.34 feet from the Southwest corner of the said Alvarez Grant (Being the Northwest corner of lands described in said Official Records Book 1912, Page 197); thence N 67025'02" E, a distance of 350.00 feet to the Point of Beginning. 2. On February 28, 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 February 14, 1996, and notifying by mail all property owners who own real property LDRA 96-2 1 .... () o -. 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 conditional use permits set out in section 612 of the Land Development Code, the Land Development and Regulatory Agency has made the determinations: a. The request is in compliance with the Land Development Code, the City of Edgewater Comprehensive Plan and the Edgewater Code of Ordinances in that Section 607.00 (e) (3) of the Land Development Code permits structures in excess of 26 feet as a conditional use and the use is remaining industrial as required by the Comprehensive Plan. b. The height increase of 4 feet is not significant enough to impact the view, increase shadowing or block the air flow on adjacent properties and accordingly, will not have an undue adverse effect upon nearby properties. c. In view of the fact that the surrounding properties are largely industrial in use or are designated as industrial in the Comprehensive Plan, the proposed conditional use is compatible with the existing or planned character of the neighborhood in which it would be located. d. Due to the minimal height increase, requirements are necessary to reduce adjoining properties. no additional the impact on e. The proposed conditional use will meet or exceed all required setbacks and accordingly, will be constructed, arranged and operated so as not to interfere with the development and use of neighboring properties. f. All public facilities and services necessary to support the proposed conditional use are already in place or will be provided pursuant to the required site plan process. g. The proposed conditional use will have adequate fire protection. An existing fire hydrant will provide adequate fire flow and the proposed expansion will be isolated from the existing building by a 60 foot long fire wall and a fire door. h. There are no significant natural resources located on the subject property which will be affected by the proposed height increase. NOW, THEREFORE, BE IT RESOLVED by the Land Development and Regulatory Agency of Edgewater, Florida, that WACO Manufacturing, Inc. shall be granted a conditional use permit to construct an addition to an existing building with a height limit of thirty (30) feet above the finished floor elevation of 11.24 feet on the property described above. Pursuant to Section 615 of the Land Development Code, the conditional use permit shall be valid for the purposes of obtaining a building LDRA 96-2 2 ,;"" u () permit for twelve (12) months from the date of approval. Unless a building permit is secured within twelve (12) months and construction subsequently undertaken pursuant to such building permit, the conditional use permit shall automatically expire unless the permit is extended upon application to the Land Development and Regulatory Agency. 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 Aye Peter Moncure Aye PASSED AND DULY ADOPTED this 28th day of February, 1996. ATTEST: LAND DEVELOPMENT AND REGULATORY"--AGENC. ~,,-<.,,_S~<~c-v' Sondra Meage~gov Secretary APPROVED FOR FORM AND CORRECTNESS: LDRA 96-2 3