ITEM DESCRIPTION:
Title
VA-2412: Request for variances from Article V, Section 21-50.02, to allow for the creation of a non-conforming lot with a width of fifty feet in lieu of the requirement of one hundred and fifty feet and to allow for ten foot side setbacks in lieu of the required twenty five foot side setbacks within the B-3 zoning district for the property at 504 N. Ridgewood Avenue.
Body
APPLICANT:
Peter Costanza
PROPOSED USE:
Split 509 Live Oak from 504 N. Ridgewood to sell property.
REQUESTED ACTION:
1. Article V, Section 21-50.02 - Minimum Site Dimensions, to allow a 50’ lot width in lieu of the required 150’ within B-3 Zoning.
2. Article V, Section 21.50.02 - Minimum Site Dimensions, to allow for 10’ side setbacks in lieu of the required 25’ side setbacks required within B-3 Zoning.
PARCEL IDS:
7450-11-01-0060
AREA:
14,250 square feet
CURRENT LAND USE:
Undeveloped
FLUM DESIGNATION:
Commercial
ZONING DISTRICT:
B-3 Highway Commercial
VOTING DISTRICT:
District One - Councilwoman Charlotte Hope Gillis
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: Sell the 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 1.5.7: 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: Yes, granting the variance will result in creating or continuing a use which is not compatible with adjacent uses.
i. The following nearby properties currently have the conforming lot width for B-3 Properties:
1. 500 Ridgewood Ave.
2. 506 Ridgewood Ave.
3. 501 Ridgewood Ave.
This criterion has not been met.
3. Is the proposed action the minimum action available to permit reasonable use of the property?
a. Applicant’s response: No.
b. Staff’s response: The applicant went through the Lot Combination process to combine this parcel with 509 Live Oak Street.
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: Yes. The property only has 50’ width on the east side abutting U.S.1. Other adjacent parcels within the B-3 zoning designation along U.S. 1 have conforming widths.
This criterion has 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. Action proposed by the applicant.
b. Staff’s response: Yes, the parcel is currently combined with 509 Live Oak Street and the applicant plans on splitting the parcel to sell it.
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.
b. Staff’s response: Yes, although 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 Notes:
Environmental Services understands that the subject parcel is a result of a recent joining between A) a vacant parcel 50ft in width with frontage on both Ridgewood Avenue and Live Oak Street, and B) an existing multi-tenant commercial parcel with driveway connection to Live Oak Street. It appears now that the property owner wishes to reverse that joining if this variance is approved to significantly reduce side setbacks due to the narrow width of the resulting site. The Applicant provided an example of the type of commercial use envisioned for the split-off parcel being the bulk storage of construction and landscaping materials with a one-way driveway bisecting the site.
Environmental Services Department is responsible for the following municipal services as it pertains to this request:
1. Administrative - ES would review permit application(s) prior to construction to determine compliance with applicable City codes.
2. Streets - There is a narrow concrete curb-ramp along SB US-1 which would permit entry or exit from US-1 (one-way only) via a right-turn movement. The property has frontage on Live Oak Street, where the City recently installed a chip-seal type of surface sufficient for passenger vehicle use (as part of Dirt Road Reduction program) but is insufficient to accommodate repeated use by heavy delivery vehicles. If the envisioned intensive use of the site of permitted, ES recommends requiring the Applicant to install a hot asphalt overlay along a truck route from this site to an existing paved road.
3. Stormwater - No stormwater controls existing on the southern portion of the site. Due to the configuration of the site, it is likely that narrow retention swales could be constructed along the northern and southern property lines with an engineered connection to the FDOT drainage system serving US-1. All construction and any storage of bulk materials would require an erosion and sedimentation management plan to prohibit the nuisance migration of soil or stockpiled items due to wind and rain.
4. Refuse & Recycling - Curbside collection of City-provided solid waste containers would be available along Live Oak Street. Alternately, private hauler collection solid waste and/or recycling, such as via a commercial dumpster, could be facilitated on this site.
5. Potable Water / Sanitary Sewer / Reclaimed Water - Potable water and gravity sewer sufficient for the envisioned needs of the property are available within the Live Oak Street right-of-way upon payment of impact fees and other connection charges. Irrigation needs would be met via a privately-installed well as the City does not have reclaimed mains in the area ready to serve the site.
Environmental Services offers the above information with no recommendation regarding the requested variances.
Staff Recommendation:
Staff does not recommend approval for VA-2412 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.