ITEM DESCRIPTION:
Title
VA-2619: Request for a Non-Administrative Variance to allow a driveway width to be paved to the property line and to allow for two (2) accessory structures to have a reduced side and rear yard setback for the property located at 3023 Lime Tree Drive.
Body
OWNER/APPLICANT:
Richard Gural
PROPOSED USE:
To allow a driveway to be paved up to the property line, reduce the rear yard shed (320 Sq Ft) setbacks to 3-feet from property line, and side yard carport (200 Sq Ft) to a 0-side yard setback.
REQUESTED ACTION:
1. Per Article III, Section 21-36.02- to allow a shed sized 320 Sq Ft to be placed 3 feet from the rear and side yard setbacks in lieu of the required 10-feet side and 20-feet rear based on the requirement in Article III, Section 21-36.02 (h) Requiring the structure to meet the setbacks within Article V, Table V-1.
2. Per Article III, Section 21-36.02- to allow a carport sized 200 Sq Ft to be placed 0-feet from the side yard setbacks in lieu of the required 10-feet side and 20-feet rear based on the requirement in Article III, Section 21-36.02 (h) Requiring the structure to meet the setbacks within Article V, Table V-1.
3. Per Article V, Section 21-52.02- to allow a driveway to be paved to the property line in lieu of the 5-foot requirement.
PARCEL ID:
8402-01-08-0040
AREA:
0.22± acres
CURRENT LAND USE:
Single Family Residential
FLUM DESIGNATION:
Low Density Residential
ZONING DISTRICT:
R-2, Single Family Residential
VOTING DISTRICT:
District Four - Council Person: Eric Rainbird
Discussion:
The applicant is requesting a Non-Administrative Variance for the residential parcel located at 3023 Lime Tree Drive. The site plan submitted by the applicant outlines three requests: the installation of a 320 Sq Ft (16' X 20') accessory shed set back 3 feet from the rear and side yard property lines, a 200 Sq Ft (10'8'' X 20') accessory carport set back 0 feet from the side property line, and driveway paving extended directly to the side property line.
Under Article III, Section 21-36.02(h) and Article V, Table V-1 of the City of Edgewater Land Development Code, accessory structures must maintain minimum setbacks of 10 feet from side property lines and 20 feet from rear property lines. Furthermore, Article V, Section 21-52.02 requires driveways to maintain a minimum 5-foot vegetated/unpaved buffer setback from side property lines to accommodate lateral stormwater infiltration.
Placing a carport on a 0-foot setback and paving directly to the property boundary line creates significant planning and engineering concerns regarding site runoff, roof drip-line discharge onto adjacent lots, roof eave encroachments, maintenance access, and Florida Building Code fire separation requirements.
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: “Driveway.”
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 1.2.9: Stormwater Management. The City shall continue to enforce the stormwater management requirements in the Land Development Code, which provide specific standards for the design of on-site stormwater systems, as well as strategies and measures to minimize runoff into the Indian River Lagoon. [9J-5.006 (3)(c)4., F.A.C.]
ii. 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: Granting a 0-foot setback for a roofed structure and 0-foot buffer for paving introduces potential stormwater discharge and maintenance incompatibilities with neighboring single-family lots.
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 primary residence retains reasonable use of the parcel under standard R-2 zoning. Alternate minimum actions include constructing smaller accessory structures or positioning them within standard Table V-1 setback envelopes without encroaching onto property boundaries.
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: Staff agrees with the applicant. The subject property consists of a standard residential platted lot within the shores, displaying physical characteristics identical to neighboring parcels. No unique topographical, geological, or environmental constraints exist that prevent building in compliance with code.
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: “”
b. Staff’s response: Yes. The request stems from the applicant's site design preferences to maximize impervious area and locate structures outside allowable building envelopes. The circumstance is self-created rather than imposed by physical land constraints.
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. Granting zero-foot setback relief without property-based hardship undermines the purpose of Chapter 21, which protects adjacent properties from runoff, guarantees fire separation, and maintains established neighborhood buffers.
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 west on Lime Tree Drive on July, 29th, 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-2619 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. Further the Planning Department is requesting, should the variance be approved, the board add the above-mentioned conditions.