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Title:
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VA-2513: Request for a variance from Article V to allow for a 10-foot landscape buffer in lieu of the 15-foot required to accommodate a larger structure and parking area for the property at 191 Mango Tree Drive.
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ITEM DESCRIPTION:
Title
VA-2513: Request for a variance from Article V to allow for a 10-foot landscape buffer in lieu of the 15-foot required to accommodate a larger structure and parking area for the property at 191 Mango Tree Drive.
Body
OWNER/APPLICANT:
Rebekah Cottle, Applicant
PROPOSED USE:
Light Industrial/ Commercial Service Center
REQUESTED ACTION: (Change to current code)
1. Per Article V, Table V-3 to allow a side yard buffer of 10-feet in lieu of the Buffer Yard Matrix requirement of 15-feet.
PARCEL ID:
7452-01-00-044A
AREA:
0.83 acres
CURRENT LAND USE:
Vacant (Cleared Industrial)
FLUM DESIGNATION:
Industrial
ZONING DISTRICT:
I-1, Light Industrial
VOTING DISTRICT:
District One - Council Person Charlotte Gillis
Discussion:
The Applicant is requesting a variance from Article V, Table V-4 side buffer yard matrix. The current code requires for a Type A buffer yard, which is a width of 15-feet. The applicant is requesting only a reduction in the width of the buffer yards; not for a reduction in the required number of plantings.
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 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: "Reduce the landscape buffer in side yards only from 15 ft to 10 ft, matching building setbacks. The required 15-foot landscape buffer leaves a construction envelope too narrow to accommodate both proposed Light Industrial/ Commercial building and the circulation space needed for large vehicles (e.g., 45-foot motorhome). A 5-foot buffer width reduction is requested along the sides of the property to match the 10-foot building setback. Screening will still be provided in the proposed 10-foot landscape buffers along the north/south sides of the property. The property abuts similar industrial uses on the north and south sides, and will not alter or negatively affect the neighboring uses and character of the area. The buffer requirement is intended to mitigate visual and functional impacts, and those objectives can still be met while allowing the reasonable maneuvering space needed for large vehicles. The variance simply balances the codes intent with the unique operational needs of the proposed Light Industrial/Commercial Service Center."
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 1.2.5: Floodplain Management. The City shall continue to maintain a floodplain management ordinance, which includes the development standards required for participation in the National Flood Insurance Program. Furthermore, the ordinance shall require that new construction or substantial improvement of any structure have the lowest floor elevated to one foot (1') above the established 100-year flood elevation without the use of fill.