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LAND DEVELOPMENT AND REGULATORY AGENCY
RESOLUTION NO. 92-8
(Case # VA-0692)
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. Clyde W. pierce applied for a variance from the
requirements of section 606.02(e)(1) of the Edgewater Zoning
Ordinance to allow a commercial building to encroach 7.54 feet into
the required 20 feet rear yard setback on property located in the
B-3, Highway Service Business District and described as follows:
2 18 34 Irreg Parcel Being E 136.58 Ft on the NIL of the N 150
Ft of S 421.36 Ft on Hwy of Lot 7 Sub Lot 2 Per OR 3069 Pg
1250.
2. On June 11, 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 June 2, 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 do not exist which are peculiar to
the applicant's land, structure or building an~ which do not
generally apply to the neighboring lands, structure or
buildings in the same district or vicinity in that although
the parcel is not a perfect square or rectangle, it is not so
narrow or irregular in shape that the setbacks overlap or that
the building envelope is small for a lot of this size.
b. Strict application of the provisions of this ordinance
would not deprive the applicant of reasonable rights commonly
applicable to other properties in the same district in that
although the applicant will not be permitted to construct the
proposed 6,5000 square foot building, he still will be able to
make reasonable use of his property.
c. Although the shape of the parcel is not the result of any
action of the applicant, this does not constitute the type of
special circumstance necessary to support a variance request.
d. The granting of this variance will impair the purpose and
intent of this ordinance by allowing encroachment into a
required setback without the demonstration of any unique
hardship.
e. The granting of the variance would constitute a grant of
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special privilege that is denied by this ordinance to other
lands, structures, or buildings in the same district in that
the applicant has not demonstrated that a structure of
reasonable size can not be constructed on the parcel in
compliance with all City requirements.
NOW, THEREFORE, BE IT RESOLVED by the Land Development and
Regulatory Agency of Edgewater, Florida, that Clyde W. pierce shall
be denied a variance to allow the construction of a commercial
building to encroach 7.54 feet into the required 20 feet rear yard
setback on 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 Aye
George Ewing Aye
Robert Garthwaite Aye
Ronald Hildenbrand Aye
Billy Klein Aye
Donald D. Masso
Aye
PASSED AND DULY ADOPTED this 11th day of June, 1992.
ATTEST:
LAND DEVELOPMENT AND
REGULATORY AGENCY
rz'p~sl~
Chairman
~~~~~
Sandra Me er-P v
Secretary
APPROVED FOR FORM
AND CORRECTNESS:
Krlil:: j~JfU6
City Attorney
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