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92-3 . o <.,) .-.. .. LAND DEVELOPMENT AND REGULATORY AGENCY RESOLUTION NO. 92-3 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. Richard and Joan Schomp applied for a variance from the requirements of Section 706.00 of the Edgewater Zoning Ordinance to allow the construction of a six (6) foot high stockade fence in a side corner yard for property located in the R-2B, Single-Family Residential District and described as follows: Lots 3109, 3110, and 3111, Block 146, Florida Shores No.4, Map Book 23, Page 104 per Official Records Book 3495, Page 1408. 2. On January 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 January 5, 1992, and notifying by mail all abutting property owners. The public hearing was continued until February 13, 1992. On February 13, 1992, at the request of the applicants, the public hearing was again continued until March 12, 1992. On March 12, 1992, the public hearing was completed. 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 Schomp's property is a typical corner parcel consisting of three lots with the home located on the northerly two lots, a common location for homes on corner parcels. b. Strict application of the provisions of this ordinance will not deprive the applicant of reasonable rights commonly applicable to other properties in the same district in that the requirements of Section 706.00 from which the Schomps are seeking a variance are applicable to all corner lots in the city. The application of these requirements to the Schomp property does not deny the applicants rights to which other similarly situated parcels are legally entitled under the current provisions of the Edgewater Zoning Ordinance. c. The applicants have not documented any special .. (.) o . circumstances or conditions relevant to this variance request. d. The granting of this variance will cause a substantial detriment to the public welfare or impair the purpose and intent of this ordinance. The purpose of the limitation contained in Section 706.00 on the height and opacity of fences for corner lots is to provide a clear line of sight to traffic approaching intersections. The construction by the Schomps of a six foot high stockade fence will impede the view of oncoming traffic at this intersection. 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. NOW, THEREFORE, BE IT RESOLVED by the Land Development and Regulatory Agency of Edgewater, Florida, that the variance request of Richard and Joan Schamp to allow the construction of a six (6) foot high stockade fence in a side corner yard on the property described above is hereby denied. After motion and second, the vote on this resolution was as follows: Chairman C. Peter Hellsten Aye vice Chairman Dominick Fazzone Aye George Ewing Absent Robert Garthwaite Aye Ronald Hildenbrand Aye Billy Klein Absent Donald D. Masso Aye PASSED AND DULY ADOPTED this 12th day of March, 1992. ATTEST: LAND DEVELOPMENT AND REGULATORY AGENCY (??~ /~~ C. Peter Hellsten Chairman ~~~v Sondra Mea r-peng Secretary: ._, Notary PIJ&Ii~Jtaf; of Florida My (ommissulllExpires Jan. 17, 1994 Bonded Thru Troy fain. Insurance In&., APPROVED FOR FORM AND CORRECTNESS: ~A.~/ Krist A. Storey City Attorney