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LAND DEVELOPMENT AND REGULATORY AGENCY
RESOLUTION NO. 94-2
A RESOLUTION GRANTING A SPECIAL EXCEPTION
FOR CERTAIN PROPERTY IN EDGEWATER, FLORIDA
WHEREAS, the Land Development and Regulatory Agency of
Edgewater, Florida, has made the following determinations:
1. Robert and Elizabeth Labiak applied for a special
exception to section 606. 02 ( d) ( 1) of the Edgewa ter Zoning Ordinance
to locate an adult congregate living facility (ACLF) in the B-3,
Highway Service Business District on the following described
property:
That part of TRACT ONE, PELICAN COVE, as recorded in Map
Book 35, page 66 of the Public Records of Volusia County,
Florida, being more particularly described as follows:
BEGIN at the Southwest corner of said TRACT ONE; thence
North 26 degrees 24 .minutes 15 seconds West along the
Westerly line of said TRACT ONE, a distance of 179.96
feet; thence North 89 degrees 58 minutes 39 seconds East
along the Northerly line of said TRACT ONE, a distance of
180.64 feet; thence South 0 degrees 06 minutes 36 seconds
West, a distance of 161.22 feet to a point on the South
line of said TRACT ONE; thence South 89 degrees 58
minutes 42 seconds West along said South line, a distance
of 100.30 feet to the POINT OF BEGINNING; said described
tract containing 0.52 acre (22,646.54 square feet), more
or less.
2. On February 23, 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 February 7, 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 standards for
granting special exceptions set out in section 903.00 of the
Edgewater Zoning Ordinance, the Land Development and Regulatory
Agency has made the following findings of fact:
a. The use requested is listed among the special
exceptions in the district for which the application is
made in that Section 606.02(d)(1) lists community
residential homes as a special exception in the B-3,
Highway Service Business District. The definition of a
community residential home includes congregate care
facilities of the type requested by the applicant.
b. The requested use will not impair the character of
the surrounding or adjoining districts nor be
detrimental to the public health, morals or welfare.
The proposed location for the ACLF is an existing
structure that has been previously put to a commercial
use. North of the project site beyond a vacant wooded
LDRA94-2
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strip of unincorporated land is the Friendly Shores
Mobile Home Park. To the south is the Pelican Plaza
Shopping Center. To the east are commercial structures.
Finally to the west across the 100 foot u.S. Highway No.
1 right-of-way is vacant land. The potential for
negative impacts on the character of this area is
limited. The viability of the surrounding uses will not
be impaired by a nearby ACLF.
c. The requested use is in conformity with the land use
plan in that the future land use designation on the
subject property is commercial. There is no
inconsistency between the ACLF and this designation.
d. Adequate utilities, access roads, drainage,
sanitation, and/or other necessary facilities to support
the ACLF are currently in place.
e. The proposed use will not increase traffic congestion
in that an ACLF with less than fifteen residents will
generate less traffic than normally associated with
commercial uses.
NOW, THEREFORE, BE IT RESOLVED by the Land Development and
Regulatory Agency of Edgewater, Florida, that Robert and Elizabeth
Labiak shall be granted a special exception to locate an adult
congregate living facility (ACLF) in the B-3, Highway Service
Business District on the property described above.
Pursuant to
Section 903.02 of the Edgewater Zoning Ordinance, if this special
exception has not been exercised within one year of the date
granted, it shall without further action become null and void.
After motion and second, the vote on this resolution was as
follows:
Chairman Dominick Fazzone
Aye
Vice Chairman Donald 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.
LDRA94-2
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ATTEST:
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SOhdra Me ger-pen ov "-
Secretary
LDRA94-2
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LAND DEVELOPMENT AND
REGULATORY AGENCY
APPROVED FOR FORM
AND CORRECTNESS:
Kr~~
City Attorney