ITEM DESCRIPTION:
Title
VA-2407: Request for a variance from Article III to allow for the construction of a swimming pool within the 10’ property line setback at 2303 Royal Palm Dr.
Body
OWNER/APPLICANT:
Karl and Lisa Johnson
PROPOSED USE:
Swimming pool to be built 5.4’ from the rear property line.
REQUESTED ACTION:
1. Article III, Section 21-36.09(d)(2): to allow a swimming pool to be constructed closer than ten (10) feet from the rear property line.
PARCEL ID:
840201090450
AREA:
0.34 acres
CURRENT LAND USE:
Single-Family Home
FLUM DESIGNATION:
Low Density Residential
ZONING DISTRICT:
R-2
VOTING DISTRICT:
District 2 - Councilwoman Gigi Bennington
Explanation of hardship by applicant: Requesting 5’ variance for pool and screen enclosure but still allows pool to stay within fenced area.
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.
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. 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 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. Adjacent homes have swimming pool adhering to the requirements of the Land Development Code.
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: Yes
b. Staff’s response: No. The applicant could adjust the size of the pool to meet the requirements.
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. The site is not 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: Yes.
b. Staff’s response: Yes, the applicant is requesting to get a variance to construct a swimming pool within the setbacks described in Article V Table V-1 of the Land Development Code.
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.
This criterion has not been met.
Staff Notes:
• Fire- No Comments or Concerns
• Environmental Services- After reviewing the submittals for the subject variance, the request does not interfere with the function of traffic, utilities or other services within the purview of the Environmental Services Department. The pool is proposed along a side property line which abuts a City-owned stormwater pond in the 23rd Street right-of-way. It is believed that the Applicant can construct the pool & enclosure without impacting to the function and capacity of the stormwater pond and with directing all runoff to the Royal Palm Dr right-of-way.
Environmental Services does not object to the requested variance.
Staff Recommendation:
Staff does not recommend approval of VA-2407 because all six criteria could not be met in accordance with Article IX, Section 21-100.04(d), Non-Administrative Variance.