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92-5 LAND DEVELOPMENT AND REGULATORY AGENCY RESOLUTION NO. 92-5 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 . Glenn E. and Cynthia C. Jones applied for a variance from the requirements of Section 602 .01 (d) (2 ) of the Edgewater Zoning Ordinance to allow the encroachment of an addition to a home 5 . 33 feet into the required 10 foot side yard setback on property located in the R-1, Single-Family Residential District and described as follows: Lots 24 and 25 and the North 10 feet of Lot 26, Block F, Highland Shores Subdivision, Section 2 per Official Records Book 2131, Page 422 of the Public Records of Volusia County. 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. The public hearing was continued until April 9, 1992 . 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 Jones ' lot is long and narrow in shape. The original home was built in 1947 , prior to the enactment of the Edgewater Zoning Ordinance. 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 due to the narrow lot and location of the original structure, the Jones would be unable to build the proposed addition consisting of a kitchen and dining room. The placement of these rooms in a second story is not reasonable. c. The special circumstances or conditions do not result from the action of the applicant in that the original home was built in 1947 prior to purchase of the property by the Jones . 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 there has been no objection to the proposed variance from the abutting property owners and the ordinance provides for variations from the regulations in situations where special circumstances such as this exist. 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 granting of this variance will simply allow the Jones a reasonable use of their property. NOW, THEREFORE, BE IT RESOLVED by the Land Development and Regulatory Agency of Edgewater, Florida, that Glenn E. and Cynthia C. Jones shall be granted a variance to allow the encroachment of an addition to a home 5. 33 feet into the required 10 foot rear yard setback on the property described above. Pursuant to Section 904 . 04 of the Edgewater Zoning Ordinance this variance is granted with the condition that any addition to the home shall not include a second story. After motion and second, the vote on this resolution was as follows: Chairman C. Peter Hellsten Aye Vice Chairman Dominick Fazzone Nay George Ewing Aye Robert Garthwaite Aye Ronald Hildenbrand Aye Billy Klein Aye Donald D. Masso Aye PASSED AND DULY ADOPTED this 9th day of April, 1992 . ATTEST: LAND DEVELOPMENT AND REGULATORY AGENCY Son a Mea. -r-Pen.ov C. Peter Helisten Secretary Chairman APPROVED FOR FORM AND CORRECTNESS: Kri'sta A. Storey City Attorney