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Title:
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VA-2516: Request for variances from Article V to allow a reduced planting requirement for the property at 1824 Hibiscus Drive.
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ITEM DESCRIPTION:
Title
VA-2516: Request for variances from Article V to allow a reduced planting requirement for the property at 1824 Hibiscus Drive.
Body
OWNER/APPLICANT:
Hunter Slayton, Owner.
PROPOSED USE:
To add an addition to the current business which will house a small kitchen and 4 pool tables.
REQUESTED ACTION: (Change to current code)
1. Article V, Table V-3 and V-4 to allow 6 ft high fence, with 6 shade trees (min. 12') and 67 Florida Native shrubs (min 24"). A Class B landscape buffer is required at the rear and a Class A landscape buffer is required on either side of the property. A Class B buffer requires a minimum width of 20 ft, 5 canopy trees per 100 linear ft, 10 understory trees per 100 linear ft, and the placement of 60 shrubs per 100 linear ft, as well as a 6 ft high fence.
PARCEL ID:
8402-01-00-5400
AREA:
0.28 acres
CURRENT LAND USE:
Commercial Neighborhood Business
FLUM DESIGNATION:
Commercial
ZONING DISTRICT:
B-2, Neighborhood Commercial
VOTING DISTRICT:
District Two - Council Person Mike Thomas
Discussion:
The applicant is requesting a variance from landscaping requirements of the Land Development Code Table V-4, which would require approximately 16 canopy trees, 32 understory trees, and the placement of 228 shrubs. The applicant is proposing 6, "shade" trees and 67 Florida native shrubs.
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 proposed plants. Not enough room for the required plants."
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 1.2.9: Stormwater Management. The City shall continue to enforce the stormwater management requirements in the Land Development Code, which provide specific standards for the design of on-site stormwater systems, as well as strategies and measures to minimize runoff into the Indian River Lagoon. [9J-5.006 (3)(c)4., F.A.C.]
ii. Future Land Use Policy 1.5.4: Buffer Requirement and Intensive Commercial and Industrial Uses. Intensive commercial and industrial land uses shall be buffered from low-density residential areas. This will be accomplished by locating less intensive transitional uses in between or by visual buffering with berms, trees or other methods to be included in the Land Development Code as deemed appropriate by the City. [9J-5.006 (3)(c01. and (3)(c)2., F.A.C.]
iii. Future Land Use Policy 1.5.6: Maintaining a Landscape Ordinance. The City shall maintain a Landscape Ordinance that requires adequate buffering between transitional uses. [9J-5.006 (3)(c)2., F.A.C.]
iv. Future Land Use Policy 1.5.7: Maintaining Site Design Requirements and Subdivision Regulations. The City shall maintain site design requirements a