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LAND DEVELOPMENT AND REGULATORY AGENCY
RESOLUTION NO. 94-5
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. Guido De Graf applied for a variance from the requirements
of Section 602.05(d) (2) of the Edgewater Zoning Ordinance to allow
the encroachment of a carport 4 feet-4 inches at its west end and
1 foot-7 inches at its east end into the required ten (10) foot
setback from a side property line for property described as
follows:
The West 115 feet of Lot 31, Assessor's Subdivision of
the Geronimo Alvarez Grant, per Map Book 3, Page 137,
Public Records of Volusia County, except the Southerly
100 feet of the above described 115 feet. The easterly
10 feet of the above described property subject to an
easement for drainage.
2. On July 27, 1994, the Land Development and Regulatory Agency
held a public hearing on the application after publishing notice of
such hearing in the News Journal on July 18, 1994, 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 applicant's
lot is extremely narrow. The single-family residence is
constructed so that there is very little room between the
structure and either of the side property lines. A garage
cannot be constructed elsewhere on the property.
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 in that
without the variance, it would be impossible to enclose the
carport.
c. The special circumstances or
the action of the applicant.
1963. The applicant purchased
condition.
conditions do not result from
The home was constructed in
the property in its present
d. The granting of this variance will not cause a substantial
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detriment to the public welfare or impair the purpose and
intent of this ordinance in that an existing carport will be
enclosed.
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
applicant will simply be allowed to construct a single car
garage.
NOW, THEREFORE, BE IT RESOLVED by the Land Development and
Regulatory Agency of Edgewater, Florida, that Guido De Graf shall
be granted a variance to allow the encroachment of a carport 4 feet
-4 inches at its west end and 1 foot-7 inches at its east end into
the required ten (10) foot setback from the side property line for
the property described above. 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
Danny Hatfield
Aye
Ronald Hildenbrand
Aye
Judith Lichter
Absent
PASSED AND DULY ADOPTED this 27th day of August, 1994.
ATTEST:
LAND DEVELOPMENT AND
J1ULATORY AGENCY
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DominJ.c
Chairman
APPROVED FOR FORM
AND CORRECTNESS:
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Krista A. Storey
City Attorney
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