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LAND DEVELOPMENT AND REGULATORY AGENCY
RESOLUTION NO. 97-1
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. Vickie E. Hall applied for a conditional use permit
pursuant to Section 606.01(d)(2) of the Edgewater Zoning Ordinance
to allow the retail sale of gasoline in conjunction with a
convenience food store on the property described below located in
the B-2, Neighborhood Business Light Industrial District:
Lot liB" Wildwood Subdivision, unit 1, as per plat thereof
recorded in Map Book 35, Page 199, Public Records of
Volusia County, Florida.
2. On January 29, 1997, the Land Development and Regulatory
Agency held a public hearing on the application after publishing
notice of such hearing in The News-Journal on January 14, 1997, 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. The
public hearing was continued until February 26, 1997.
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 606.0l(d)(2)
of the Edgewater Zoning Ordinance provides that the
retail sale of gasoline may be authorized as a
conditional use in conjunction with a convenience food
store in the B-2 District if all the requirements of
Section 713 of the Edgewater Zoning Ordinance are met.
The applicant has demonstrated compliance with the
location and separation requirements for the placement of
gas pumps set forth in Section 713.
b. The proposed conditional use will not have an undue
adverse effect upon nearby property in that adding gas
pumps to the existing commercial site will not
significantly alter the character of the existing use.
c. In view of the fact that the land surrounding the
proposed site contains a mix of uses such as industrial,
mini-warehouses, a public park, single family homes and
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mobile homes, the proposed conditional use is compatible
wi th the existing or planned character of the
neighborhood in which it would be located. In the future
the area along Park Avenue is likely to become more
industrialized as vacant industrial sites develop.
d. All reasonable steps have been taken to minimize any
adverse effect of the proposed conditional use on the
immediate vicinity by locating the gas' pumps
approximately 120 feet away from the residential property
to the south. The minimum distance requirement is 25
feet. In addition, there is an existing fence which
screens the rear of the convenience store.
e. The proposed conditional use will be constructed,
arranged and operated so as not to interfere with the
development and use of neighboring properties. The
applicant wishes to operate a typical convenience store
with gas pumps. There is nothing about the construction
or arrangement of the gas pumps that will interfere with
the development or use of the surrounding 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.
The addition of gas pumps will not affect the City 's
ability to provide potable water, wastewater, solid
waste, police or fire services to this site.
g. Fire protection will be provided through a fire hydrant
which is located adjacent to the site at the intersection
of Park Avenue and wildwood Boulevard.
h. The site has already been developed as a convenience
store. Accordingly, there are no significant natural
resources remaining on the subject property which will be
impacted by further development. The proposed gas tanks
will be required to meet all federal and state guidelines
and will be inspected by both the Building Division and
Department of Fire & Rescue Services during installation.
NOW, THEREFORE, BE IT RESOLVED by the Land Development and
Regulatory Agency of Edgewater, Florida, that Vickie E. Hall shall
be granted a conditional use permit for the retail sale of gasoline
in conjunction with a convenience food store 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 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.
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After motion and second, the vote on this resolution was as
follows:
Chairman Donald Masso
Aye
vice Chairman Robert Garthwaite
Absent
Mary Agrusa
Aye
Dominick Fazzone
Absent
Ronald Hildenbrand
Aye
Judith Lichter
Aye
Peter Moncure
Aye
PASSED AND DULY ADOPTED this 26th day of February, 1997.
ATTEST:
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Secret.ary
LAND DEVELOPMENT AND
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Donald Ma 0
Chairman
APPROVED FOR FORM
AND CORRECTNESS:
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