ITEM DESCRIPTION:
Title
VA-2410: Request for variances from Article V, Site Dimensions, to allow for construction of a single-family home within the 40’ front yard setback, 15’ of the side yard setback, and within the 50’ Mean High Water Line setback at 1921 South Riverside Drive.
Body
OWNER:
Paul and Gloria Hampton.
REQUESTED ACTION:
1. Article IV, Section 21-41.04 (a) to allow a structure to be located 40 feet from the Mean High-Water Line in lieu of the required 50’.
2. Article V, Section 21-50.02 to allow a structure to be built with a 30’ setback in lieu of the required 40’.
3. Article V, Section 21-50.02 Table V-2 Footnotes (5) to allow a two-story home on the river to be built with a 10’ side setback in lieu of the required 15’.
LOCATION:
1921 South Riverside Drive.
PARCEL ID:
8402-37-01-0080
AREA:
.14 acres
PROPOSED USE:
Applicant is requesting a variance to build a new Single-Family residence within the 40’ front yard setback along the south side of the property. As well as, within the 15’ side setback for the two-story home on the river Per Article V, Table V-1 (5), and within the 50’ upland from the Mean High-Water Line setback.
CURRENT LAND USE:
Vacant (Cleared single-family home)
FLUM DESIGNATION:
Low Density Residential
ZONING DISTRICT:
R-1, Single-Family Residential
VOTING DISTRICT:
District Two - Council Person Gigi Bennington
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: Due to the natural shape of land we are doing our best to work with what we have and the river as far back as possible.
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.
ii. Coastal Policy 1.2.3: Shoreline Protection Buffer. A shoreline protection buffer shall be maintained for a distance extending 50-feet laterally upland from the mean high-water line within the buffer zone and 25-feet from wetland vegetation, except that reasonable access shall be permitted.
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, it’s for living all the same.
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 neighborhood properties currently have Single Family corner lots within the City limits of Edgewater.
1. 1901 S Riverside Drive
2. 1905 S Riverside Drive
3. 2013 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, due to the shape of the land.
b. Staff’s response: The applicant could meet setbacks by building a small single-family home.
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: Yes, our land is not a common rectangle or square as most home sites.
b. Staff’s response: The subject property is a conforming lot meeting the minimum lot size, width, and depth.
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 applicant is looking to increase the size of the residence which will encroach into the setbacks, as well as, the Mean High-Water line of the Front, Rear, and side of the lot.
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, we are asking for the variance that would be normal to a single-family one-story home under the current code.
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 Notes:
• Fire-
• GIS- The survey includes Boston Rd which was vacated east of S Riverside Dr. and does not reflect the true parcel boundaries.
• Environmental Services-
Background:
The subject property fronts the Indian River with some rubble serving as shoreline protection in a portion of the property. In August 2021, the City of Edgewater vacated the 60ft wide public right-of-way of Boston Road east of Riverside Drive, the northern 30ft being obtained by the subject property and the property in return granting an easement to the City over the same 30ft footprint for purposes of Drainage, Access, and Utilities. In December 2023, the new owners of the property obtained permit #23-3745 to demolish the existing home and pool on the property.
The Applicant is requesting 2 variances to construct a house and pool which encroaches A) 10ft into the 50ft setback from the Mean High Water line; and B) a 10ft reduction from the right-of-way setback requirement from the former Boston Road.
LDC Reference: (original text in italics, bold/underlined portions for emphasis)
Article IV Resource Protection Standards
Section 21-41 Wetlands
21-41.04 - Buffer Requirements
a. A minimum buffer of fifty feet (50') upland from the mean high water line and a minimum of twenty-five feet (25') upland from the wetland boundary shall be established adjacent to and surrounding all wetlands. The buffer may coincide with the required setback on a lot pursuant to Article V. There shall be no development activities in the buffer, except for direct access to water bodies.
Analysis:
Measuring from the January 2023 aerial, the upland portion of the property is somewhat trapezoidal in shape with an east-west dimension averaging 144ft and a north-south dimension averaging 131ft. Deducting 50ft MHW setback and the 30ft City Easement would yield a buildable area of approximately 94x101, which is larger than the buildable area of many other residential properties in Edgewater.
Recommendation:
A) Environmental Services recommends denial of the requested variance from the Mean High Water setback. Granting such request for encroachment into the riverine setback would not meet the intent of the Resource Protection Standards portion of the Land Development Code and is not considered a necessary feature for the dwelling.
B) Environmental Services does not object to the requested reduction in setback from the prior Boston Road right-of-way.
Staff Recommendation:
Staff does not recommend approval for VA-2410 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.