ITEM DESCRIPTION:
Title
VA-2603: Request for a variance to reduce the required ten-foot separation between driveways for a duplex to three feet for the property located at 2401 India Palm Drive, Edgewater, Florida.
Body
OWNER/APPLICANT:
Mike Dombrowski, Owner.
PROPOSED USE:
To allow a reduction in the required ten-foot separation between driveways for a duplex from ten feet to three feet.
REQUESTED ACTION:
Per Article V, Section 21-52.02 (e), Access and Driveways, a minimum separation of ten feet is required between driveways serving a duplex. The applicant is requesting a variance to allow a reduction in the required driveway separation from ten to three feet.
PARCEL ID:
8402-01-06-9650
AREA:
0.23 acres
CURRENT LAND USE:
Multi Family Residential
FLUM DESIGNATION:
Medium Density Residential
ZONING DISTRICT:
R-4, Multi Family Residential
VOTING DISTRICT:
District Three - Council Person: Debbie Dolbow
Discussion:
The applicant is requesting a variance to reduce the required ten-foot separation between driveways for a proposed duplex Per Article V of the Land Development Code, a minimum separation of ten feet is required between driveways serving a duplex.
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 Planning and Zoning 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: “Due to the lot size and proposed structure size, requesting exception on driveway separation.”
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. [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.”
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 neighboring properties have driveway separations less than ten feet within the City limits of Edgewater.
1. 2020 India Palm Drive
2. 2022 India Palm Drive
3. 2024 India Palm Drive
4. 2026 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: “No.”
b. Staff’s response: No. The duplex could be designed to comply with the required ten-foot driveway separation standard. The request appears to be based on the site design preference rather than a hardship preventing reasonable residential use.
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 lot is consistent in size and configuration with surrounding residential parcels.
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 requested reduction in driveway separation is based on the layout of the proposed duplex rather than a physical constraint 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, there are other duplex homes in the area that do not have a 10-foot separation between driveways. There would be no hardship impacted to the area.”
b. Staff’s response: Yes. While granting the proposed variance would not be detrimental to the public welfare, it would impair the purposes and intent of the Land Development Code, specifically Article V, which establishes minimum lot size and dimensional standards to implement the City’s Comprehensive Plan and ensure compatibility of development patterns.
This criterion has not been met.
Staff Comments:
Fire Comment: No concerns or comments.
Public Notice:
In accordance with Florida Statues Chapter 166.041, a Public Notice sign was posted on the site on, February 25, 2026. In addition, Public Notices were mailed to all addresses within 500’ of the proposed project.
Staff Recommendation:
Staff does not recommend approval for VA-2603 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.