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92-10 1 ';0, . -;- -:;;;,. v... ~--""'-- . Q o LAND DEVELOPMENT AND REGULATORY AGENCY RESOLUTION NO. 92-10 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. Lynn Erickson applied for a variance from the requirements of Section 7-324(b) of the Edgewater Code of Ordinances to allow the encroachment of a pool and pool enclosure up to ten (10) inches into the required ten (10) foot setback from a side property line for property described as follows: Lots 2705 and 2706, Block 114, Florida Shores Subdivision, unit No.4, as Recorded in Map Book 23, Page 104 of the Public Records of Volusia County, Florida. 2. On December 10, 1992, the Land Development and Regulatory Agency held a public hearing on the application after publishing notice of such hearing in the News Journal on November 25, 1992, 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. There was a discrepancy between the survey utilized for the purpose of obtaining the building permit for the pool and the survey required after the pool and deck had been poured. 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 entire pool would have to be relocated in order to meet the three (3) foot decking requirement. c. The special circumstances or conditions do not result from the action of the applicant. The contractor is responsible for the proper placement of the pool. 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 in that the encroachment would be minimal. 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 t ''". . Q o of the minimal encroachment involved. NOW, THEREFORE, BE IT RESOLVED by the Land Development and Regulatory Agency of Edgewater, Florida, that Lynn Erickson shall be granted a variance to allow the encroachment of a pool and pool enclosure up to ten (10) inches into the required ten (10) foot setback from the 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 C. Peter Hellsten Aye vice Chairman Dominick Fazzone Aye George Ewing Aye Robert Garthwaite Aye Ronald Hildenbrand Aye Billy Klein Aye Donald D. Masso Aye PASSED AND DULY ADOPTED this 10th day of December, 1992. ATTEST: ./ LAND DEVELOPMENT AND REGULATORY AGENCY ~~~ C. Peter Hellsten Chairman APPROVED FOR FORM AND CORRECTNESS: ~A~, Kr'sta A. Storey City Attorney