|
Title:
|
VA-2604: Request for a variance to reduce the required ten-foot separation between driveways for a duplex to three feet for the property located at 3114 India Palm Drive, Edgewater, Florida 32141.
|
COUNCIL AGENDA ITEM
SUBJECT:
title
VA-2604: Request for a variance to reduce the required ten-foot separation between driveways for a duplex to three feet for the property located at 3114 India Palm Drive, Edgewater, Florida 32141.
body
OWNER/APPLICANT:
Mike Dombrowski, Owner.
PROPOSED USE:
To allow a reduction in the required ten-foot separation between driveways for a duplex from ten feet to three feet.
REQUESTED ACTION:
Per Article V, Section 21-52.02 (e), Access and Driveways, a minimum separation of ten feet is required between driveways serving a duplex. The applicant is requesting a variance to allow a reduction in the required driveway separation from ten to three feet.
PARCEL ID:
8402-01-07-5990
AREA:
0.23 acres
CURRENT LAND USE:
Multi Family Residential
FLUM DESIGNATION:
Medium Density Residential
ZONING DISTRICT:
R-4, Multi Family Residential
VOTING DISTRICT:
District Four - Council Person: Eric Rainbird
Discussion:
The applicant is requesting a variance to reduce the required ten-foot separation between driveways for a proposed duplex Per Article V of the Land Development Code, a minimum separation of ten feet is required between driveways serving a duplex.
Aerial:
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 Planning and Zoning 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: "Due to the lot size and proposed structure size, requesting exception on driveway separation."
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. [9J-5.006 (3)(c)1. and (3)(c)2., F.A.C.].
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."
b. Staff's response: No, granting the variance will not result in creating or continuing a use which is not compatible with adjacent uses.
i. The following neighboring properties have driveway separations less than ten feet:
1. 2020 India Palm Drive
2. 2022 India Palm Drive
3. 2024 India Palm Drive
4. 2026 India Palm Drive
This criterion has been met.
3. Is the proposed action the minimum action available to permit reasonable use of the property?
a. Applicant's response: "No."
b. Staff's response: No. The duplex could be designed to comply with the required ten-foot driveway separation standard. The request appears to be based on the site d