City of Edgewater - File #: VA-2500

• File #: VA-2500
• Version: 1
• Type: Planning Item
• Status: Agenda Ready
• File created: 2/3/2025
• In control: Planning and Zoning Board
• On agenda: 2/12/2025
• Title: VA-2500: Request for variances from Article V - Site Dimensions footnotes (1) to allow for 43 foot setback from the mean high-water line in lieu of the required 50' at the property located on 2117 South Riverside Drive.

ITEM DESCRIPTION:

Title

VA-2500: Request for variances from Article V - Site Dimensions footnotes (1) to allow for 43 foot setback from the mean high-water line in lieu of the required 50’ at the property located on 2117 South Riverside Drive. 

Body

OWNER/APPLICANT: 

Judy Faulkner

PROPOSED USE: 

Applicant is requesting a variance to build a new swimming pool at residence within the 50’ upland from the mean high-water line on the east side of the property.

REQUESTED ACTION: (Change to current code)

1.                     Article V, Section 21-50.02 to allow a structure to be built with 43’ upland from mean high-water in lieu of the required 50’. 

PARCEL ID:

8402-37-04-0150

AREA:                     

0.74 acres

CURRENT LAND USE: 

Single-family Dwelling

FLUM DESIGNATION: 

Low Density Residential

ZONING DISTRICT:

R-1, Single-Family Residential

VOTING DISTRICT: 

District One - Council Person Mike Thomas

Discussion:

The applicant is requesting a variance from Article V of the Land Development Code to allow for a 43’ upland from the mean high-water line in lieu of the required 50’ for the single-family home located at 2117 South Riverside Drive. The lot is located on a unique lot design, and the Land Development Code states that there is to be a 50-foot buffer from all surrounding wetlands. Given the unusual nature of the lot and placement of the primary residence, a 50’ upland from the mean high-water line would limit the construction of the swimming pool. The previous pool, which was previously within the 50’ upland of the mean high-water line was removed/ filled in per building permit #24-2534 issued on 09/11/2024.

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:  The pool location is located within the mean high-water line.

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, other house with pools within the MHW.”

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 neighborhood properties currently have pools within the mean high waterline:

1.                     16 Harris Circle

2.                     8 Harris Circle

3.                     2031 S Riverside 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, odd shape of the lot requires the pool to be built within the setback.

b.                     Staff’s response: The applicant could meet the mean high-water line by building a different style of swimming pool.

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, odd shaped lot.

b.                     Staff’s response: The subject property is a conforming lot meeting the minimum lot size, width, and depth; however, this lot and the surrounding lots unique design predates the current setbacks within the Land Development Code, not making this encroachment unique.

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.

b.                     Staff’s response: Yes, the applicant is looking to replace the previously removed swimming pool which will encroach into the buffer of the mean high-water line.

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: Yes.

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 V.

This criterion has not been met.

Staff Comments: Staff received no comments from other Departments.

Public Notice:

In accordance with Florida Statues Chapter 166.041, a Public Notice sign was posted on the site on January 28^th, 2025. In addition, Public Notices were mailed to all addresses within 500’ of the proposed project.

Staff Recommendation:

Staff does not recommend approval for VA-2500 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.