92-2
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LAND DEVELOPMENT AND REGULATORY AGENCY
RESOLUTION NO. 92-2
A RESOLUTION GRANTING A VARIANCE
FOR CERTAIN PROPERTY IN EDGEWATER, FLORIDA
WHEREAS, the Land Development and Regulatory Agency of
Edgewater, Florida, has made the following determinations:
1. Southern Bell applied for a variance from the requirements
of Section 603.01(a) of the Edgewater Zoning Ordinance to allow the
encroachment of an unmanned telecommunication facility 11.5 feet
into the required 25 foot side yard setback on a corner lot for
property located in the R-4, Multi-Family Residentail District and
described as follows:
A portion of Lot 444 Hawks Park as recorded in Map Book 1,
Page 156 of the Public Records of Volusia County, Florida.
Said parcel described as follows: as a point of reference
commence at the northwest corner of Lot 439 of said Hawks
Park, thence North 65 degrees 00' 00" east along the southerly
right of way line of Ocean Avenue a distance of 285.58 feet;
thence south 29 degrees 26'12" east along the westerly right
of way line of South Ridgewood Avenue as now laid out and used
a distance of 97.52 feet to the point of beginning; thence
continuing south 29 degrees 26' 12" east a distance of 30.00
feet; thence south 60 degrees 33'48" west a distance of 30.00
feet; thence north 29 degrees 26' 12" west a distance of 30.00
feet; thence north 60 degrees 33' 48" east a distance of 30.00
feet to the point of beginning, said parcel containing 900
square feet.
2. On March 12, 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 March 5, 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 the
applicant's structure is an unmanned telecommunication
facility which is a highly specialized structure, unique to
Southern Bell. Placement of the structure is governed by very
specific siting criteria determined in conjunction with the
larger telephone network.
b. strict application of the provisions of this ordinance
would deprive the applicant of reasonable rights commonly
applicable to other properties in the same district in that
application of the required 25 foot setback would render
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Southern Bell's interest in the property useless in view of
the fact that the interest is an easement granted specifically
for the purpose of locating the telecommunication facility.
The owner of the property is not willing to grant Southern
Bell a larger easement and Southern Bell has not been able to
secure an easement on any other property which meets its
stringent siting criteria.
c. The special circumstances or conditions do not result from
the action of the applicant in that the decision by Volusia
County to widen Park Avenue necessitated the relocation of
phone cables from the right-of-way. In view of the need to
relocate the phone cables, Southern Bell simply combined the
necessity for relocation with an opportunity to upgrade the
telephone system.
d. The granting of this variance will not cause a substantial
detriment to the public welfare or impair the purpose and
intent of this ordinance in that the services provided by
Southern Bell are a substantial benefit to the general public
and the granting of this variance will allow Southern Bell to
upgrade the quality of service provided in this area.
e. The granting of the variance will not constitute a grant
of special privilege that is denied by this ordinance to other
lands, structures, or buildings in the same district in that
the easement represents the sum total of Southern Bell's
interest in this property and the granting of the variance
will simply allow Southern Bell reasonable use of its
property. This reasonable use of the property does not exceed
the privileges granted to other property owners under the
City's land development regulations.
NOW, THEREFORE, BE IT RESOLVED by the Land Development and
Regulatory Agency of Edgewater, Florida, that Southern Bell shall
be granted a variance to allow the encroachment of an unmanned
telecommunication facility 11.5 feet into the required 25 foot side
yard setback on the property described above. Pursuant to Section
904.06 of the Edgewater Zoning Ordinance, if this variance has not
been exercised within one year of the date granted, it shall be
canceled by the enforcement official and written notice given to
the property owner.
After motion and second, the vote on this resolution was as
follows:
Chairman C. Peter Hellsten
Nay
vice Chairman Dominick Fazzone
Aye
George Ewing
Absent
Robert Garthwaite
Aye
Ronald Hildenbrand
Aye
Billy Klein
Absent
Donald D. Masso
Aye
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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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Sondra Meag - engo
Secretary
Notary Public, State eUloricfll
mV Commission Expires lor.: 17,199.
Bonded Thru Troy Fain ~ Insurance'n.
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APPROVED FOR FORM
AND CORRECTNESS:
Kri~/:'sd~e~tLI/
City Attorney
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