92-10
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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
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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:
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LAND DEVELOPMENT AND
REGULATORY AGENCY
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C. Peter Hellsten
Chairman
APPROVED FOR FORM
AND CORRECTNESS:
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Kr'sta A. Storey
City Attorney