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94-3 "'"' . ... .. . .:.>>~..... 'I u u LAND DEVELOPMENT AND REGULATORY AGENCY RESOLUTION NO. 94-3 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. James H. Cameron applied for a variance from the requirements of Section 602.02 (d) (1) of the Edgewater Zoning Ordinance to allow the construction of a single-family home on a lot lacking 4.64 feet of the required 100 feet of lot width on property located in the R-1A, Single-Family Residential District and described as follows: 2 18 34 S 100 Ft Meas on Hwy of Lot 3 Sub of Lot 2 Meas 95.36 Ft"on E/s Riverside Drive & 178 Ft on NIL & SIL ME 3 Pg 81 Per OR 3272 Pg 1607 2. On October 27, 1993, the Land Development and Regulatory Agency held a public hearing on the application after publishing notice of such hearing in the News Journal on October 11, 1993, and notifying by mail all abutting property owners. The public hearing was continued until December 15, 1993. At the December 15, 1993, public hearing the matter was continued until January 26, 1994. At the January 26, 1994 public hearing the matter was continued until February 23, 1994. 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. 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. c. The special circumstances or conditions do not result from the action of the applicant. 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. LDRA94-3 -'? . .- L Q o 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. NOW, THEREFORE, BE IT RESOLVED by the Land Development and Regulatory Agency of Edgewater, Florida, that James Cameron shall be granted a variance to allow the construction of a single-family home on a lot lacking 4.64 feet of the required 100 feet of lot width on property described above subject to the following conditions: 1. A two-story home shall be constructed within the building footprint of the existing garage structure. 2 . The home shall be constructed in accordance with either the plans drawn by Luis C. Geil, Job #9314, signed and dated by James H. Cameron on February 23, 1994, or the plans drawn by Leete and Leete, Corom. #L-9409, signed and dated by James H. Cameron on February 23, 1994. 3. Any deviation from the selected plans shall require approval by the Land Development and Regulatory Agency. 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 Don Masso Aye Mary Agrusa Absent George Ewing Absent Robert Garthwaite Aye Danny Hatfield Aye Ronald Hildenbrand Aye PASSED AND DULY ADOPTED this 23rd day of February, 1994. LDRA94-3 2 .JF - . . o ATTEST: C:~o,,~"-~~~ Sondra Meage en OV. . Secretary LDRA94-3 <) LAND DEVELOPMENT AND Jl::;2 ;ICY Dominick Fazz~ Chairman APPROVED FOR FORM AND CORRECTNESS: K~~~ City Attorney 3