Legislation Details

File #: VA-2424    Version: 1 Name:
Type: Planning Item Status: Agenda Ready
File created: 12/4/2024 In control: Planning and Zoning Board
On agenda: 2/12/2025 Final action:
Title: VA-2424: Request for variance from Article III of the Land Development Code to allow for a 5' rear setback from the property line in lieu of the required 10' to allow for construction of an in-ground swimming pool at 1408 2nd Street.
Attachments: 1. Aerial Public Notice Map, 2. Survey, 3. Plans
ITEM DESCRIPTION:
Title
VA-2424: Request for variance from Article III of the Land Development Code to allow for a 5' rear setback from the property line in lieu of the required 10' to allow for construction of an in-ground swimming pool at 1408 2nd Street.
Body
OWNER/APPLICANT:
Mark Burda

PROPOSED USE:
Swimming Pool

REQUESTED ACTION(S):
1. Article III, Section 21-36.09 (d)2- To allow a swimming pool to be located 6' from the rear property line.

PARCEL ID:
7433-13-03-0100
AREA:
+6,500 SQ. FT.

CURRENT LAND USE:
Single Family Residence

FLUM DESIGNATION:
Low Density Residential

ZONING DISTRICT:
R-3, Single Family Residential

VOTING DISTRICT:
District One - Council Person Charlotte Gillis


Discussion:

The applicant is requesting a variance from Article III of the Land Development Code to allow for construction of an in-ground swimming pool 5' from the rear property line in lieu of the required 10' at 1408 2nd Street.







Aerial Exhibit:


Site Plan:




Staff Review:

According to Article IX, Section 21-100.04(d), Non-Administrative Variance, City of Edgewater's Land Development Code;
In order to grant a non-administrative variance, the P. & Z. Board shall make the following findings of fact:

1. That granting of the proposed variance is not in conflict with the Comprehensive Plan;
2. That granting of the proposed variance will not result in creating or continuing a use which is not compatible with adjacent uses in the area;
3. That granting of the proposed variance is the minimum action available to permit reasonable use of the property;
4. That the physical characteristics of the subject site are unique and not present on adjacent sites; and
5. That the circumstances creating the need for the variance are not the result of actions by the applicant, actions proposed by the applicant or actions by the previous property owner(s).
6. That granting of the proposed variance(s) will not cause substantial detriment to the public w...

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