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92-2 -, Q Q " 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 -. Q o 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 -; o o . PASSED AND DULY ADOPTED this 12th day of March, 1992. ATTEST: LAND DEVELOPMENT AND REGULATORY AGENCY e p~ /~~ C. Peter Hellsten Chairman ~~~~~ Sondra Meag - engo Secretary Notary Public, State eUloricfll mV Commission Expires lor.: 17,199. Bonded Thru Troy Fain ~ Insurance'n. -~ APPROVED FOR FORM AND CORRECTNESS: Kri~/:'sd~e~tLI/ City Attorney \.r ,C, d'