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92-7 o o LAND DEVELOPMENT AND REGULATORY AGENCY RESOLUTION NO. 92-7 (Case # VA-0492) 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. James H. Cameron applied for a variance from the requirements of section 602.02(d)(1) of the Edgewater Zoning Ordinance to allow the construction of a single-family home on a lot lacking 4.64 feet of the required 100 feet of lot width on property located in the R-1A, Single-Family Residential District and described as follows: 2 18 34 S 100 Ft Meas on Hwy of Lot 3 Sub of Lot 2 Meas 95.36 Ft on E/s Riverside Drive & 178 Ft on NIL & SIL MB 3 Pg 81 Per OR 3272 Pg 1607. 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 and which do not generally apply to the neighboring lands, structure or buildings in the same district or vicinity. Although the City in the past granted building permits on three similarly situated nonconforming lots, the City is not obligated to continue this practice in violation of the requirements of the Zoning Ordinance. 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 building is not permitted on parcels lacking the required 100 feet of lot width. Strict application of the Zoning Ordinance would have allowed the construction of only two homes on the parcels involved. Three homes have already been permitted. c. Although the existing conditions involving the four lots do not result from the personal actions of the applicant, they do not constitute special circumstances necessary to support a variance request. 92-7 o o e. The granting of the variance would constitute a grant of special privilege that is denied by this ordinance to other lands, structures, or buildings in the same district by allowing construction of a single-family residence on a lot that was created in violation. of the requirements of the Zoning Ordinance. NOW, THEREFORE, BE IT RESOLVED by the Land Development and Regulatory Agency of Edgewater, Florida, that James H. Cameron shall be denied a variance to allow the construction of a single- family home on a lot lacking 4.64 feet of the required 100 feet of lot width 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 Nay 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 O~6{u~~ C. Peter Hellst n Chairman ~~~~ Son~ Me - n " Secretary APPROVED FOR FORM AND CORRECTNESS: -' 92-7