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