ITEM DESCRIPTION:
Title
VA-2614: Request for a Non-Administrative Variance to allow a pool and supporting retaining wall to encroach into the required waterfront setback/shoreline buffer zone, and to execute grade modifications utilizing approximately 200 cubic yards of dirt fill for the property located at 417 N. Riverside Drive, Edgewater, Florida.
Body
OWNER/APPLICANT:
Daymon Lawrenson and Karen Lawrenson, Applicant
PROPOSED USE:
To allow a Residential swimming pool and supporting grade-stabilization retaining wall.
REQUESTED ACTION:
1. Per Article IV, Section 21-41.04 and Article V, Section 21-53.07 (b) of the Land Development Code (LDC) to permit construction of a pool wall 12 feet from the shoreline vegetation line in lieu of the 50-foot requirement.
2. Per Article IV, Section 21-41.04 and Article V, Section 21-53.07(a) and (b) of the Land Development Code (LDC), the applicant is requesting a variance to construct a supporting retaining wall 4 feet from the vegetation line-encroaching into the required 50-foot waterfront buffer/setback zone-where vertical seawalls and bulkheads are otherwise prohibited unless it is demonstrated that alternative stabilization methods are impractical and erosion poses a significant threat to real property.
3. Per Article IV, Section 21-41.04 and Article V, Section 21-53.07 (a) to allow approximately 200 cubic yards of dirt fill within a protected coastal zone.
PARCEL ID:
7450-02-02-0160 and 7450-01-00-0061
AREA:
0.70 acres
CURRENT LAND USE:
Single Family Residential
FLUM DESIGNATION:
Low Density Residential
ZONING DISTRICT:
R-1, Single Family Residential
VOTING DISTRICT:
District One - Council Person: Charlotte Hope Gillis
Discussion:
The applicant is requesting a Non-Administrative Variance to install an in-ground swimming pool and an engineered supporting retaining wall within the rear waterfront yard of 417 N. Riverside Drive. The project plans indicate that the concrete pool structure wall will sit 12 feet from the waterfront vegetation boundary. Due to the severe natural downward slope toward the Indian River Lagoon, a structural retaining wall is required to hold the structural load, positioned 4 feet from the vegetation line at its closest constraint. The project also requires importing approximately 200 cubic yards of structural dirt fill to level the pool pad.
Per Article V of the City of Edgewater Land Development Code, properties fronting the river are constrained by a standard 50-foot shoreline protection buffer zone extending landward from the Mean High-Water Line (MHWL) or established wetland vegetation line to protect estuarine water quality and prevent structural collapse during flood events. Additionally, the survey documents an existing site anomaly: a portion of an ancient wooden dock structure was entirely severed and removed by a previous owner, drastically altering the natural stabilization of the coastal bank and shifting structural safety tolerances. Because the proposed hardscaping, filling, and wall placement heavily penetrate the 50-foot shoreline threshold, formal Planning and Zoning Board approval is required.
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: “Adding a wall for pool.
1. Wall to support pool.
2. Pool wall is 12-feet from vegetation.
3. Retaining wall is 4-feet from vegetation.
4. Pool wall is 8-feet from retaining wall.
5. 200 cubic yards of dirt to fill for pool.
6. See detail of pool and wall.”
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.].
ii. Coastal Management Element Policy 1.1.11: Development Adjacent to Estuarine and Riverine Shoreline Areas. Development adjacent to estuarine and riverine shoreline areas shall maintain a habitat buffer zone to protect or conserve the canopy, understory and ground cover of native upland vegetation and wetlands.
iii. Coastal Management Element Policy 1.2.1: Hardening of the Estuarine Shoreline. Hardening of the estuarine shoreline shall be allowed only when erosion is causing a significant threat to life or property. When hardening of the shoreline is approved, stabilization methods other than vertical seawalls and bulkheads shall be used.
iv. Coastal Management Element 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.
v. Conservation Element Policy 1.2.1: Enforcing Stormwater Management and Shoreline Protection Ordinances. The City shall continue to enforce its existing stormwater management and shoreline protection ordinances.
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 structures less than fifty feet from the Mean High-Water line:
1. 423 N Riverside Drive
2. 427 N Riverside Drive
3. 503 N 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: “No.”
b. Staff’s response: No, while a retaining wall is a mandatory structural engineering requirement for a pool placed on this steep slope, the pool footprint itself could be fundamentally downsized, rotated, or repositioned further westward toward the primary residence to maximize the distance from the lagoon buffer zone.
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.”
b. Staff’s response: Yes, the survey confirms unique geological and historic site anomalies. The property features a dramatic drop-off in elevation towards the Mean High-Water Line. Furthermore, the bank’s stability has been compromised by the previous owner's uneven removal of an interconnected wooden dock, a physical constraint not universally shared by nearby uniform parcels.
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.”
b. Staff’s response: Yes. The physical necessity for the retaining wall and imported fill is primarily a function of the proposed project scope and its proximity to the shoreline vegetation line. While the property does feature a steep slope, a hardship cannot legally be established if the site constraints can be mitigated by altering the size, rotation, or location of the proposed recreational amenity.
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. While the construction will not cause immediate, localized public safety detriments to human life, it directly compromises the core legal intent of LDC Article IV and Article V. These sections aim to minimize non-native dirt filling and shoreline erosion within 50 feet of the lagoon to mitigate critical stormwater runoff and preserve the natural ecological integrity of the waterway.
This criterion has not been met.
Staff Comments:
Fire Comment: No concerns or comments.
Public Notice:
In strict accordance with Florida Statutes Chapter 166.041 and local municipal ordinances, a physical Public Notice sign was prominently posted on the front of the site facing N. Riverside Drive on May 27, 2026. In addition, official written Public Notices were compiled and mailed via USPS to all property owners of record located within a 500-foot buffer radius of the project boundary lines.
Staff Recommendation:
Staff does not recommend approval for VA-2614 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.