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LAND DEVELOPMENT AND REGULATORY AGENCY
RESOLUTION NO. 95-1
A RESOLUTION GRANTING A VARIANCE
FOR CERTAIN PROPERTY IN EDGEWATER, FLORIDA
WHEREAS, the Land Development and Regulatory Agency of
Edgewater, Florida, has made the following determinations:
1. Lil' Champ Food Store #504 applied for a variance from the
requirements of Section 606.01(e) (3) of the Edgewater Zoning
Ordinance to construct a thirty (30) foot air stripping tower on
the property described below in the B-2 Neighborhood Business
District where the maximum building height is twenty-six (26) feet
or two stories:
Lots 536, 537, 538, and 539 and Lots 598, 599, 600 and 601,
Block 20, Florida Shores Subdivision, unit No.2, as Recorded
in Map Book 23, Page 103 of the Public Records of Volusia
County, Florida.
2. On January 25, 1995, 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, 1995, and
notifying by mail all abutting property owners.
3. After consideration of the testimony presented during the
public hearing, including staff comments, and the criteria for
granting variances set out in Section 904.01 of the Edgewater
Zoning Ordinance, the Land Development and Regulatory Agency has
made the following findings of fact:
a. Special circumstances exist which are peculiar to the
applicant's land, structure or building and which do not
generally apply to the neighboring lands, structure or
buildings in the same district or vicinity. The presence of
known soil and groundwater contamination makes this site
unique as compared to the surrounding properties.
b. Strict application of the provisions of this ordinance
would deprive the applicant of reasonable rights commonly
applicable to other properties in the same district. Strict
application of Section 606.01(e)(3) will prohibit the
applicant from erecting an aerator stack of sufficient height
to permit proper discharge of the contaminants.
c. The special circumstances or conditions do not result from
the action of the applicant. The contamination is the result
of improper filling of underground storage tanks. It is
believed this occurred under the prior ownership of the site.
d. The granting of this variance will not cause a substantial
detriment to the public welfare or impair the purpose and
intent of this ordinance. In fact, granting this variance
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will help improve the public welfare by allowing the proper
emission of contaminants from the site.
e. The granting of the variance will not constitute a grant
of special privilege that is denied by this ordinance to other
lands, structures, or buildings in the same district. The
granting of this variance will bestow benefits on the
surrounding area and the general public by allowing the proper
removal of contaminants.
NOW, THEREFORE, BE IT RESOLVED by the Land Development and
Regulatory Agency of Edgewater, Florida, that Lil' Champ Food Store
#504 shall be granted a variance to construct a thirty (30) foot
air stripping tower on the property described above subject to the
condition that the noise levels for the remediation system do not
project into neighboring residential properties at a level greater
than 66dB during the day and 60dB at night. Pursuant to Section
904.06 of the Edgewater Zoning Ordinance, if this variance has not
been exercised within one year of the date granted, it shall be
canceled by the enforcement official and written notice given to
the property owner.
After motion and second, the vote on this resolution was as
follows:
Chairman Dominick Fazzone
Aye
vice Chairman Donald Masso
Aye
Mary Agrusa
Aye
Robert Garthwaite
Aye
Ronald Hildenbrand
Absent
Judith Lichter
Aye
Peter Moncure
Aye
PASSED AND DULY ADOPTED this 25th day of January, 1995.
ATTEST:
LAND DEVELOPMENT AND
REGULATORY AGENCY
2f01w~ .,
Dominick
Chairman
APPROVED FOR FORM
AND CORRECTNESS:
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