ITEM DESCRIPTION:
Title
VA-2306: Request for a variance to allow a 2 foot setback in lieu of 50 foot mean high water line setback and to allow an in ground swimming pool within 3 feet from the primary structure instead of the required setback of 5 feet for the property at 21 Pelican Lane.
Body
OWNER:
Franklin D. Kelley
PARCEL ID:
840244020190
LOCATION:
21 Pelican Lane
LOT SIZE:
6,500 square feet, 50' width x 130' length
PROPOSED USE:
Swimming Pool
CURRENT LAND USE:
Single-Family Home
FLUM DESIGNATION:
Medium Density Residential (MDR)
ZONING DISTRICT:
R-4
VOTING DISTRICT:
District 3, Councilwoman Debbie Dolbow
BACKGROUND:
Explanation of hardship by applicant: Due to the limited area of the property, the applicant contends they cannot meet the required setbacks and are applying for a variance.
According to 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&ZB 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.
1. Will granting the proposed variance result in a conflict with the Comprehensive Plan?
a. Staff's response: After review, Staff has determined ...
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