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Title:
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VA-2514: Request for variances from Article V and VII to demolish and replace the current non-conforming structure within the grandfathered setbacks, but with a modification to continue the non-conforming front yard east corner setback for the property at 125 Rio Vista Drive.
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ITEM DESCRIPTION:
Title
VA-2514: Request for variances from Article V and VII to demolish and replace the current non-conforming structure within the grandfathered setbacks, but with a modification to continue the non-conforming front yard east corner setback for the property at 125 Rio Vista Drive.
Body
OWNER/APPLICANT:
Cathy Hoffman, Owner
PROPOSED USE:
Demolish current non-conforming structure and replace with a future home of approx. 2000 sq. ft.
REQUESTED ACTION: (Change to current code)
1. Article V, Table V-1 to allow a non-conforming structure to be built on a non- conforming parcel, since this parcel is zoned R-3, which requires a 75 by 115 lot size.
2. Article V, Table V-1 to allow a north side of parcel setback of 22.2, in lieu of the 30 ft requirement.
3. Article V, Table V-1 to allow east side front porch (size 6' 8") to be placed 17 feet from property line and front side of house to 24 feet from property line in lieu of the 30-foot requirement.
4. Article VII, Section 21-71.02 to allow for the expansion of a demolished non-conforming structure, thereby, encroaching further into the non-conformity.
5. Article VII, Section 21-71.04 (c) to allow for non-conforming site dimensions and requirements.
6. Article VII, Section 21-71.04 (g) to allow for the reconstruction of the structure after it has been demolished and removed from the parcel.
PARCEL ID:
7451-02-04-0050
AREA:
0.20 acres
CURRENT LAND USE:
Single-Family Residence
FLUM DESIGNATION:
Low Density Residential
ZONING DISTRICT:
R-3, Single-Family Residential
VOTING DISTRICT:
District One - Council Person Charlotte Gillis
Discussion:
Applicant is requesting a variance to demolish a previous grandfathered non-conforming structure, as well as, replace said structure with a modified setback to continue from the front east side of property to the west side of the current primary structure. This will enable the applicant to place a centered structure.
Aerial:
Proposed Survey:
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: "Continue the grandfathered setbacks along north side. Variance needed to accommodate symmetrical construction on property.""
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 1.5.7: Maintaining Site Design Requirements and Subdivision Regulations. The City shall maintain site design requirements