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92-6 u () 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 o o 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 {!.~~~ C. Peter Hell ten Chairman APPROVED FOR FORM AND CORRECTNESS: ~~A. ~. Kr's a A. Storey City Attorney