ITEM DESCRIPTION:
Title
VA-2506: Request for variances from Article V, Table V-1- Site Dimensions, allow for expansion on a non-conforming lot, Max Build increased to 32.3% from the required 30%, decrease the rear yard setback from 25 ft. to 16 ft. and the Side yard setback on the west side of the single-family duplex from 10 ft to 0 ft for the property located on 1202 Bond Street.
Body
OWNER/APPLICANT:
Jennifer White/ Thomas Palmatier
PROPOSED USE:
Add a 37’ x 12’ covered patio to the rear of the property.
REQUESTED ACTION: (Change to current code)
1. Per Article V, Table V-1- Site Dimensions Footnote (14)- allow an extension on a lot sized 60 W X 149 D, in lieu of the required 75 W X 115 D.
2. Per Article V, Table V-1- Site Dimensions- allow a max build of 32.3% in lieu of the required 30%.
3. Per Article V, Table V-1- Site Dimensions- allow a 16 ft rear yard setback in lieu of the 25 ft.
4. Per Article V, Table V-1- Site Dimensions- allow a 0 ft side yard setback in lieu of the 10 ft on the west side of the rear lot.
PARCEL ID:
8403-09-00-0240
AREA:
.13 acres
CURRENT LAND USE:
Single Family Residence
FLUM DESIGNATION:
Medium Density Residential
ZONING DISTRICT:
R-4, Multi-Family Residential
VOTING DISTRICT:
District One - Council Person Charlotte Gillis
Discussion:
The applicant is requesting a variance from Article V, Table V-1- Site Dimensions, to allow for a screen room expansion on a non-conforming lot, the Max Build increased to 32.3% from the required 30% Maximum, decrease the rear yard setback from 25 ft. to 16 ft, and decrease the side yard setback on the west side of the property to a 0 ft in lieu of the 10 ft requirement due to this property being a connected duplex on a split lot.
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: “Lots of sunlight and heat. Need to cover area.”
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 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. [9J-5.006 (3)(c)1. and (3)(c)2., F.A.C.]
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 neighbors have similar structures within the setback.
b. Staff’s response: Yes, granting the variance will not result in creating or continuing a use which is not compatible with adjacent uses.
i. Currently the neighboring properties have built within the setbacks.
1. 1201 and 1203 Bond Street
2. 1204 Bond Street
3. 1206 Bond Street
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.”
b. Staff’s response: This lot could accommodate a smaller screen room or change location of request by the applicant.
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: The subject property meets the minimum lot size and depth requirements; however, the lot does not meet the required 75-foot width.
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: “Yes.”
b. Staff’s response: Yes, the applicant is seeking to add a screen room to rear of the property.
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, 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 June 25th, 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-2506 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.