96-2
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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
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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
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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.
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Sondra Meage~gov
Secretary
APPROVED FOR FORM
AND CORRECTNESS:
LDRA 96-2
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