92-1
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LAND DEVELOPMENT AND REGULATORY AGENCY
RESOLUTION NO. 92-1
A RESOLUTION GRANTING A SPECIAL EXCEPTION
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 special exception to section
603.01 of the Edgewater Zoning Ordinance to locate an unmanned
telecommunication facility in the R-4, Multi-Family Residential
District on the following described property:
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 rlistance 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 standards for
granting special exceptions set out in section 903.00 of the
Edgewater Zoning Ordinance, the Land Development and Regulatory
Agency has made the following findings of fact:
a. The use requested is listed among the special exceptions
in the district for which the application is made in that
Section 603.01(c) lists unmanned telecommunication facility
as an allowable special exception in the R-4, Multi-Family
District.
b. The requested use will not impair the character of the
surrounding or adjoining districts nor be detrimental to the
public health, morals or welfare in that the surrounding area
contains, in addition to the church, a convenience store,
cemetery, and single family homes. The small size of the
telecommunications module will not be detrimental to the
character of the surrounding area.
c. The requested use is in conformity with the land use plan
in that the future land use designation on the subject
property is Public/Semi-Public. There is no inconsistency
between the unmanned telecommunication facility and this
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designation.
d. Adequate utilities, access roads, drainage, sanitation,
and/or other necessary facilities have been or are being
provided in that the basic infrastructure necessary to support
the unmanned telecommunication facility is in place. In fact,
the facility requires no public infrastructure beyond access,
electricity, and water. The water necessary to maintain the
landscaping will be provided by the adjacent church.
e. The proposed use will not increase traffic congestion in
that a facility of this type does not generate traffic on a
daily or even weekly basis. It does not attract trips from
the general public. Southern Bell has indicated that they
will not need to visit the site more than once per month under
normal conditions.
NOW, THEREFORE, BE IT RESOLVED by the Land Development and
Regulatory Agency of Edgewater, Florida, that Southern Bell shall
be
granted
a
special
exception
to
locate
an
unmanned
telecommunication facility on the property described above.
Pursuant to Section 903.02 of the Edgewater Zoning Ordinance, if
this special exception has not been exercised within one year of
the date granted, it shall without further action become null and
void.
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
(? ?~ /0~
C. Peter Hellsten
Chairman
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Son~ Me~_ ,-Pengov
Secretary -
APPROVED FOR FORM
AND CORRECTNESS:
Notary Public, St;te of Florida
My Commi~sjon Expires Jan. 17, 1994
Bonded Thru Troy Foin .Insuronce In.
kv,J~ 4- J1-f\!d/
Krista A. Stbrey
City Attorney