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95-1 '1 (.) ~Q - . 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 95-1 'i o o .- 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: 95-1