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LAND DEVELOPMENT AND REGULATORY AGENCY
RESOLUTION NO. 92-4
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. Lonnie Breitweiser applied for a variance from the
requirements of Section 602.04 (d) (2) of the Edgewater Zoning
Ordinance to allow the encroachment of an addition to a home into
the required 20 foot rear yard setback on property located in the
R-2, Single-Family Residential District and described as follows:
Lot 10, Unser Subdivision, Map Book 19, Page 295 per Official
Records Book 3549, Page 0169 of the Public Records of Volusia
County.
2. On April 9, 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 April 6, 1992, and
notifying by mail all abutting property owners. The public hearing
was continued until May 14, 1992.
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 in that the
applicant's lot is regular in shape and the size is typical of
those in the Unser Subdivision.
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
the applicant's home currently exceeds the minimum floor area
requirement of 1,050 feet for the R-2 district. The addition
of another story to the home would be permissible in this
district. In addition, the home is currently nonconforming
because of a 5.22 foot encroachment into the required 30 foot
front yard setback.
c. There are no special circumstances or conditions which
warrant the granting of a variance.
d. The granting of this variance will impair the purpose and
intent of this ordinance. Section 301 (d) of the Zoning
Ordinance prohibits the erection or alteration of a building
or structure which would reduce a rear yard. Section 303 of
the Zoning Ordinance prohibits the reduction in dimension or
area of any yard below the minimum requirements. Section 403
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prohibits the enlargement or alteration of a nonconforming
structure in a way which increases its nonconformity.
e. The granting of the variance will constitute a grant of
special privilege that is denied by this ordinance to other
lands, structures, or buildings in the same district by
significantly increasing the amount of buildable area.
NOW, THEREFORE, BE IT RESOLVED by the Land Development and
Regulatory Agency of Edgewater, Florida, that Lonnie Breitweiser
shall be denied a variance to allow the encroachment of an addition
to a home into the required 20 foot 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 14th day of May, 1992.
ATTEST:
LAND DEVELOPMENT AND
REGULATORY AGENCY
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sorilk:a._ er-P ov '"
Secretary
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C. Peter Hellsten
Chairman
APPROVED FOR FORM
AND CORRECTNESS:
Kfeth..~/tfu7f
City Attorney