92-3
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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
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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
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C. Peter Hellsten
Chairman
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Secretary: ._,
Notary PIJ&Ii~Jtaf; of Florida
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APPROVED FOR FORM
AND CORRECTNESS:
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Krist A. Storey
City Attorney