City of Edgewater - File #: VA-2420

• File #: VA-2420
• Version: 1
• Type: Planning Item
• Status: Agenda Ready
• File created: 9/4/2024
• In control: Planning and Zoning Board
• On agenda: 9/11/2024
• Title: VA-2420: Request for variance from Article III of the Land Development Code to allow for a chain-link fence without screening at an established mini-warehouse currently without a fence or screening located at 3017 India Palm Drive.

ITEM DESCRIPTION:

Title

VA-2420: Request for variance from Article III of the Land Development Code to allow for a chain-link fence without screening at an established mini-warehouse currently without a fence or screening located at 3017 India Palm Drive.

Body

OWNER: 

Jeff Rosselot

PROPOSED USE: 

Chain-link fence

REQUESTED ACTION(S):

1.                     Per Article III, Section 21-34.07- Mini-warehouses (a), to allow a waiver of the screening from public right-of-way with a minimum 6’ high stockade fence or masonry wall with ten-foot-wide landscaping buffer planted adjacent to the street side on all boundaries facing residential districts.

2.                     Per the same article above this existing site does not have a chain-link fence and therefore is not able to enclose it with slatting. However, if this variance is approved, they would like to have a variance for the slatting requirement in order to allow for easy viewing by the police department.

PARCEL ID:

8402-01-07-4990 and 8402-01-07-4960

AREA:                     

+46,153 SQ. FT.

CURRENT LAND USE: 

Mini-warehouse

FLUM DESIGNATION: 

Commercial

ZONING DISTRICT:

B-2, Neighborhood Business

VOTING DISTRICT: 

District Four - Council Person Jonah Powers

Discussion:

The applicant is requesting multiple variances from the Land Development Code for a chain link fence without slatting at a mini-warehouse on 3017 India Palm Drive. Per the Land Development Code Article III- mini-warehouses without a fence should have a stockade or masonry fence screening the property from neighboring residential properties.

Staff received comments from the Fire Department requesting repairs be made to the existing driveways, recommending a black vinyl chain link fence, and requesting landscaping along the property line along India Palm Drive. In addition, the Edgewater Chief of Police sent a favorable recommendation to staff.

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 welfare or impair the purposes and intent of the Land Development Code.

Explanation of hardship by applicant: “There are currently homeless people breaking into occupied & unoccupied units and living in there. The police dept. has been extremely helpful in trying to keep up with the problem, but it is a constant battle. they are damaging the facility property as well as the property of our existing tenants. Trash debris is a constant problem and that’s not only affecting our property, but the entire neighborhood. Drug use is just another issue there as we find drug paraphernalia regularly. All of the issues that greatly affect the community in a negative way, could be eliminated with a chain link fence around the property. A solid fence simply doesn’t allow the police to be able to drive past and see if there is any illegal activity taking place on the property. With a solid fence, once the perpetrators enter the property, they have a complete enclosed environment to conduct the damage & illegal activity. It’s imperative for the benefit & safety of the community that the fence be visibly open in order for the authorities to monitor activity.”

1.                     Will granting the proposed variance result in a conflict with the Comprehensive Plan?

a.                     Staff’s response: After review, Staff has determined that granting the variance would result in a conflict with the Comprehensive Plan.

i.                     Future Land Use Policy 1.5.7: Maintaining Site Design Requirements and Subdivision Regulations. The City shall maintain site design requirements and subdivision regulations in the Land Development Code, which adequately address the impacts of new development on adjacent properties in all land use categories and zoning districts.

                     This criterion has not been met.

2.                     Will the granting of the proposed variance result in creating or continuing a use which is not compatible with adjacent uses in the area?

a.                     Applicant’s Response: No. “Many facilities in the area have chain link fence as well as some residential homes.

b.                     Staff’s response: Yes, granting the variance will result in creating or continuing a use which is not compatible with adjacent uses, due to the fact that there are no other mini-warehouse storages in the area. Most of the buildings are either residential or commercial warehouses not for storage.

This criterion has not been met.

3.                     Is the proposed action the minimum action available to permit reasonable use of the property?

a.                     Applicant’s response: Yes. “A fence is certainly necessary and in this case it must allow visibility from the street for the benefit of the police.”

b.                     Staff’s response: No. The owner has use of the property and can place a high stockade or masonry block fence to prevent encroachment of the property.

This criterion has not been met.

4.                     Are the physical characteristics of the subject site unique and not present on adjacent sites?

a.                     Applicant’s response: Yes. “Due to the nature of the storage business, it can be a haven for invasion by homeless along with illegal activity.”

b.                     Staff’s response: No, there is plenty of room on the lot to place a high stockade fence or masonry wall to screen the view from the residential neighbors and the right-of-way.

This criterion has not been met.

5.                     Are the circumstances creating the need for the variance the result of actions by the applicant or actions proposed by the applicant?

a.                     Applicant’s response: No. “The fact that there are enclosed spaces available, makes this business a target for the homeless if it goes unprotected.”

b.                     Staff’s response: Yes, the applicant has been asked to increase the fence to the Land Development standards by placing a high stockade fence or masonry wall outside of the Utility easement on the property side of the lot, to screen the mini-warehouses from the right-of-way and residential lots.

This criterion has not been met.

6.                     Will the granting of the proposed variance cause substantial detriment to public welfare or impair the purposes and intent of the Land Development Code?

a.                     Applicant’s response: No. “It will only be a positive benefit for the public as it will provide a much safer environment for all in the area.

b.                     Staff’s response: Yes, though granting the variance will not be detrimental to the public welfare, it will impair the purposes and intent of the Land Development Code Article III.

This criterion has not been met.

Public Notice:

In accordance with Florida Statues Chapter 166.041, a Public Notice sign was posted on the site on August 28, 2024. In addition, Public Notices were mailed to all addresses within 500’ of the proposed project.

Staff Recommendation:

Staff does not recommend approval for VA-2420 because the applicant could not meet all six criteria of Article IX, Section 21-100.04(d), Non-Administrative Variance, City of Edgewater’s Land Development Code.