ITEM DESCRIPTION:
Title
VA-2424: Request for variance from Article III of the Land Development Code to allow for a 5’ rear setback from the property line in lieu of the required 10’ to allow for construction of an in-ground swimming pool at 1408 2nd Street.
Body
OWNER/APPLICANT:
Mark Burda
PROPOSED USE:
Swimming Pool
REQUESTED ACTION(S):
1. Article III, Section 21-36.09 (d)2- To allow a swimming pool to be located 6’ from the rear property line.
PARCEL ID:
7433-13-03-0100
AREA:
+6,500 SQ. FT.
CURRENT LAND USE:
Single Family Residence
FLUM DESIGNATION:
Low Density Residential
ZONING DISTRICT:
R-3, Single Family Residential
VOTING DISTRICT:
District One - Council Person Charlotte Gillis
Discussion:
The applicant is requesting a variance from Article III of the Land Development Code to allow for construction of an in-ground swimming pool 5’ from the rear property line in lieu of the required 10’ at 1408 2nd Street.
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: “The pool deck encroaches 6’ into the rear easement”
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 Response
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. 1409 3rd Street
ii. 115 E Marion Avenue
iii. 1408 S Riverside 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 could adjust the location of the pool to a different spot in the backyard.
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. Adjacent properties have similar pools within the 10’.
b. Staff’s response: Yes, this lot is non- conforming, it does not meet the minimum required width and depth for R-3 Zoning. The Land Development Code requires 75’ by 115’, however, the applicant’s lot is 65’ by 100’.
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: Yes. Trying to get a pool in backyard.
b. Staff’s response: Yes, the applicant is requesting to build within the 5’ of the rear setback line for an accessory use swimming pool.
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 III.
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 November 27, 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-2424 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.