94-4
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LAND DEVELOPMENT AND REGULATORY AGENCY
RESOLUTION NO. 94-4
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. Deanne and Craig Eckert applied for a variance from the
requirements of Section 7-324(b) of the Code of Ordinances, City of
Edgewater, Florida, to allow the encroachment of a pool five and a
half (5.5) feet into the required ten (10) foot setback from a side
property line for property described as follows:
Lots 4696 and 4697, Block 162,
unit No.6, as Recorded in Map
3132, Pg 0108 of the Public
Florida.
Florida Shores Subdivision,
Book 23, Page 109, Per Ord.
Records of Volusia County,
2. On May 25, 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 May 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 existing
screen room is centered at the rear of the residence and is
located twenty (20) feet from the rear lot line. This coupled
with an overhead utility line and power pole located seven (7)
feet inside the rear property line results in decreased space
to accommodate a standard size pool.
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 the largest pool which could be
constructed would be one which is seven (7) feet wide by
fourteen and a half feet (14.5) feet long. A typical pool
would be fifteen (15) feet wide by thirty (30) feet long. The
applicants are proposing a pool nine (9) feet wide by nineteen
and a half (19.5) feet long.
c. The special circumstances or conditions do not result from
the action of the applicant. When the applicants purchased
the property the residence, screen room and power line were in
place. At the time the residence was constructed the required
property line set back for a pool was five (5) feet.
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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. The encroachment would be minimal
and adjoining properties will be further protected by the
existing fence on the property.
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 in view
of the minimal encroachment involved.
NOW, THEREFORE, BE IT RESOLVED by the Land Development and
Regulatory Agency of Edgewater, Florida, that Deanne and Craig
Eckert shall be granted a variance to allow the encroachment of a
pool five and a half (5.5) feet into the required ten (10) foot
setback from a 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
Aye
PASSED AND DULY ADOPTED this 25th day of May, 1994.
ATTEST:
LAND DEVELOPMENT AND
REGULATORY AGENCY
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Dominick Fazzone
Chairman
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APPROVED FOR FORM
AND CORRECTNESS: