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LAND DEVELOPMENT AND REGULATORY AGENCY
RESOLUTION NO. 93-1
(VA-0193)
A RESOLUTION DENYING A VARIANCE
FOR CERTAIN PROPERTY IN EDGEWATER, FLORIDA
WHEREAS, the Land Development and Regulatory Agency of
Edgewater, Florida, has made the following determinations:
1. Carlo and Tanina Palermo applied for a variance from the
requirements of section 602.02 (d) (2) of the Edgewater Zoning
Ordinance to allow the encroachment of a detached garage up to four
(4) inches into the required ten (10) foot side yard setback for
property described as follows:
Lot 11, Block 4, Riveredge Acres as shown in Map Book 9,
Page 260 of the Public Records of Volusia County,
Florida.
2. On March 11, 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 March 1, 1993, 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 do not 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 applicants'
lot is typical of lots found in the R-1A District in which the
platted dimensions either meet or exceed the requirements of
the Zoning Ordinance. There is nothing unusual or unique
about the parcel.
b. Strict application of the provisions of this ordinance
will not deprive the applicant of reasonable rights commonly
applicable to other properties. The applicants will be
required to remove the encroachment, but will not be precluded
from constructing a garage which conforms to the setback
requirements.
c. The special circumstances or conditions do not result from
the action of the applicant. The contractor was responsible
for the encroachment of the garage into the required setback,
but the encroachment itself does not constitute a hardship.
d. The granting of this variance would not cause a
substantial detriment to the public welfare or impair the
purpose and intent of this ordinance.
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e. The granting of the variance would 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 Carlo and Tanina
Palermo shall not be granted a variance to allow encroachment of a
detached garage up to four (4) inches into the required ten (10)
foot side yard setback for the property described above
After motion and second, the vote on this resolution was as
follows:
Chairman C. Peter Hellsten Aye
vice Chairman Dominick Fazzone Nay
George Ewing Nay
Robert Garthwaite Aye
Ronald Hildenbrand Aye
Billy Klein Aye
Donald D. Masso
Aye
PASSED AND DULY ADOPTED this 11th day of March, 1993.
ATTEST:
LAND DEVELOPMENT AND
REGULATORY AGENCY
L? ~ /~
C. Peter Hellsten
Chairman
APPROVED FOR FORM
AND CORRECTNESS:
~~A.~
Kri ta A. Storey
City Attorney
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