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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.
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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:
-'
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