92-6
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LAND DEVELOPMENT AND REGULATORY AGENCY
RESOLUTION NO. 92-6
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. Darwin A. Rathbun applied for a variance from the
requirements of Section 602.05(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-3, Single-Family Residential District and described as follows:
The Easterly 30.00 feet of Lot 25 and all of Lot 26, Block C,
Section One Highland Shores, per Map Book 9, Page 63 and OR
Book 3132, Page 0426 of the Public Records of Volusia County,
Florida.
2. On May 14, 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 May 8, 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 in that there is a
canal which runs north/south through the parcel and there are
additional building code requirements necessitated by the
applicant's disability.
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 an
addition of considerable size could be constructed without
encroaching into the required rear setback.
c. The applicant's physical disability is a special
circumstance not resulting from any action of the applicant.
d. The granting of this variance will impair the purpose and
intent of this ordinance because no hardship has been
demonstrated. 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.
e. The granting of the variance will constitute a grant of
special privilege that is denied by this ordinance to other
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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 Darwin A. Rathbun
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 No
Robert Garthwaite Aye
Ronald Hildenbrand Aye
Billy Klein No
Donald D. Masso
Aye
PASSED AND DULY ADOPTED this 14th day of May, 1992.
ATTEST:
LAND DEVELOPMENT AND
REGULATORY AGENCY
~~~"'~~~.I
Sondra-Mea peng .
Secretary
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C. Peter Hell ten
Chairman
APPROVED FOR FORM
AND CORRECTNESS:
~~A. ~.
Kr's a A. Storey
City Attorney