94-1
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LAND DEVELOPMENT AND REGULATORY AGENCY
RESOLUTION NO. 94-1
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. William Tingley 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 8.2 feet at its
northern end and 1.9 feet at its southern end into the required ten
(10) foot setback from an interior side property line for property
described as follows:
Lot 18, except the Southerly 20 feet thereof, and all of Lot
19, Block "C", Section Three Highland Shores, according to the
plat thereof as recorded in Map Book 8, Page 62, of the Public
Records of Volusia County, Florida.
2. On January 26, 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 January 20, 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
parcel is irregular in shape. Due to the curved line of the
parcel's frontage and the acute angle forming its pie shape,
the setbacks overlap. The result is a small and awkwardly
shaped building envelope. Other lots in the area are more
regular in shape.
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 locate an
attached carport on the property without demolishing a portion
of the existing home.
c. The special circumstances or conditions do not result from
the action of the applicant. The lot was created at the time
the subdivision was designed, prior to purchase of the lot by
the applicant.
d. The granting of this variance will not cause a substantial
detriment to the public welfare or impair the purpose and
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intent of this ordinance in that the carport will be
constructed over an existing driveway.
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
majority of homes within the subdivision contain attached
garages or carports.
NOW, THEREFORE, BE IT RESOLVED by the Land Development and
Regulatory Agency of Edgewater, Florida, that William Tingley shall
be granted a variance to allow the encroachment of a carport 8.2
feet at its north end and 1.9 feet at its south end into the
required ten (10) foot setback from an interior 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 Don Masso
Aye
Mary Agrusa
Aye
George Ewing
Absent
Robert Garthwaite
Aye
Danny Hatfield
Aye
Ronald Hildenbrand
Aye
PASSED AND DULY ADOPTED this 26th day of January, 1994.
ATTEST:
LAND DEVELOPMENT AND
REGULATORY AGENCY
fdp;u~el:fa
Dominick Fazzo~
Chairman
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:s n ra"Meag~-pen
Secretary
APPROVED FOR FORM
AND CORRECTNESS: