ITEM DESCRIPTION:
Title
VA-2509: Request for variances from Article V, Table V-1- Site Dimensions, to allow for a 5,000 sq ft lot in a R-2 Zoning District, allow an increase in building coverage to 45% from the required 30%, and decrease the side yard setback from 10 ft. to 5 ft. for the property located on Juniper Drive.
Body
OWNER/APPLICANT:
Jakir Hossain
PROPOSED USE:
Applicant is requesting a variance to allow a 5,000 sq. ft. lot, increase the building coverage of the property to 45%, and reduce the side yard setback to 5 feet.
REQUESTED ACTION: (Change to current code)
1. Per Article V, Table V-1- Site Dimensions- allow for a 5,000 sq. ft. lot.
2. Per Article V, Table V-1- Site Dimensions- allow a maximum building coverage of 45% in lieu of the required 30%.
3. Per Article V, Table V-1- Site Dimensions- allow a 5 ft side yard setback in lieu of the 10 ft.
PARCEL ID:
8402-01-07-7950
AREA:
.11 acres
CURRENT LAND USE:
Vacant
FLUM DESIGNATION:
Low Density Residential
ZONING DISTRICT:
R-2, Single Family Residential
VOTING DISTRICT:
District Three - Council Person Debbie Dolbow
Discussion:
The applicant is requesting a variance from Article V, Table V-1- Site Dimensions, to allow for a 5,000 sq. ft. lot, an increase in building coverage to 45% from the required 30%, and allow for a decrease in the side yard setback from 10 ft. to 5 ft. Florida Shores was originally platted as a mobile home park with lots 40 feet in width and 125 feet in depth. Upon annexation into the City of Edgewater, the City required the combination of two lots to build a single family home. City staff had pulled the item from the August agenda to conduct more research and to get an opinion from the City Attorney. Article VII regulates non-conforming uses within the City of Edgewater. Within Article VII, Section 21-41.04, Non-Conforming Lots, regulates the development of conforming lots or record. Section 21-74.04(b) states the following:
Such lot shall be in separate ownership and not be contiguous to other lots in the same or substantially the same ownership. This provision shall apply even though such lot fails to meet the requirements of this Article for area, width, depth and frontage or any combination thereof, provided that yard dimensions and requirements other than those applying to area, width, depth or frontage shall conform to the requirements of this Article.
City staff interpreted this section of the code to require a chain of occupancy to establish that the lot was never owned by another adjacent property owner. The City Attorney opined the following:
As such, staff have brought forward the variance application. Article VII, Section 21-71.04(c) notes that "variance of yard dimensions and requirements shall be obtained only through action of the Planning and Zoning Board." This section authorizes the Planning and Zoning Board the authority to grant the variance.
Aerial:
Site Plan:
House Plans:
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: "Single Family Residence."
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.
iii. Future Land Use Policy 1.2.7: Performance Standards and Environmental Impact Study. Additional performance standards will be required for development sites that are determined through the Environmental Impact Study to have floodplains, such as vegetative buffers, additional setbacks and clustered development away from the floodplain's areas. [9J-5.006 (3)(c)1., 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, Property will be used to build a primary single-family resident."
b. Staff's response: No, the applicant intends to build a single family home and the surrounding land uses are single family homes, albeit, on much larger lots.
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, if not allowed property will not be usable."
b. Staff's response: A smaller house could be placed on the lot; however, the house would only be 20 ft wide.
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, other properties are existing. This is a proposed new build."
b. Staff's response: This site is a legally non-conforming lot.
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: "No."
b. Staff's response: No, although the applicant is building on a non-conforming lot, the land development code says you have to have a variance to build, it states any variance should be requested by the board. The applicant could build a 20 foot wide home without the required variances.
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, the property is located in a single-family residential area. My plan is to build a single-family resident."
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 Comments:
Staff received feasibility comments from the GIS Department only.
Public Notice:
In accordance with Florida Statues Chapter 166.041, a Public Notice sign was posted on the site on August 27th, 2025. In addition, Public Notices were mailed to all addresses within 500' of the proposed project.
Staff Recommendation:
Staff does not recommend approval for VA-2509 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.
City staff would recommend that if the Planning and Zoning Board grant approval for the variances, the Board should condition that the applicant be required to build a foundation through foundational pilings with a minimum FFE of 15'.