ITEM DESCRIPTION:
Title
VA-2416: Request for variance from Article V of the Land Development Code to allow for a 36% max build in lieu of the 30% required for the property located at 2401 India Palm Drive.
Body
APPLICANT:
Dominick English
PROPOSED USE:
Construction of duplex
REQUESTED ACTION(S):
1. Article V, Table V-1 Site Dimensions- to allow for a Max Build limit of 36% in lieu of the 30% currently required for an R-4 zoning.
PARCEL ID:
8402-01-06-9650
AREA:
+10,000 SQ. FT.
CURRENT LAND USE:
Undeveloped
FLUM DESIGNATION:
Medium Density Residential
ZONING DISTRICT:
R-4, Single Family Residential
VOTING DISTRICT:
District Three - Council Person Debbie Dolbow
Discussion:
The applicant is requesting a variance from Article V of the land development code to increase the maximum buildable area limit from 30% to 36% to accommodate a 3,597 sq. ft. duplex.
Aerial Exhibit:
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: “Based on recent new builds, the participants in this local market desire a great amount of square footage for the duplex builds.”
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.
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 property has a max build which appears to be greater than 30% of the required limits:
1. 2416 India Palm Drive
2. 2215 India Palm Drive
3. 2419 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: Yes.
b. Staff’s response: No. The applicant has use of the property with room for a house meeting the max build limits of 30% or less.
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: No.
b. Staff’s response: No, this lot is considered conforming to the R-4 zoning designation within the City of Edgewater.
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 requesting to a have a max build of 36% in a neighborhood that currently has the majority of duplex properties under 30%.
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: No, “I am simply requesting to be able to build a duplex that will occupy slightly greater than the maximum allowed percentage of the lot based on the current code.”
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.
Public Notice:
In accordance with Florida Statues Chapter 166.041, a Public Notice sign was posted on the site on August 28, 2024. In addition, Public Notices were mailed to all addresses within 500’ of the proposed project.
Staff Comments:
The Technical Review Committee had no comments or concerns regarding the variance.
Staff Recommendation:
Staff does not recommend approval for VA-2416 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.