VA-2502: Request for variances from Article V Table V-1 for a side yard setback reduction and a rear yard setback reduction for the property located at 2003 12th Street.

ITEM DESCRIPTION: Title VA-2502: Request for variances from Article V Table V-1 for a side yard setback reduction and a rear yard setback reduction for the property located at 2003 12th Street. Body OWNER/APPLICANT: Clayton Smeltz PROPOSED USE: Applicant is requesting a variance to expand the hangar portion of the existing residential property to accommodate aircraft. REQUESTED ACTION: (Change to current code) 1. Article V Table V-1 - Site Dimensions Minimum side yard setback from 10' to 8.7' which will meet the current side yard setback for the house. 2. Article V Table V-1 - Site Dimensions Minimum rear yard setback from 30' to 12', however, with the hangar door open it will have a setback of 5'. PARCEL ID: 7432-10-00-0080 AREA: 0.29 acres CURRENT LAND USE: Single-family Dwelling FLUM DESIGNATION: Low Density Residential ZONING DISTRICT: R-1, Single-Family Residential VOTING DISTRICT: District One - Council Person Charlotte Gillis Discussion: The applicant is requesting a variance from Article V, Table V-1. The proposed new hangar will have a side yard setback of 8.7' which will place it even with the current house side yard setback and a rear yard setback of 12', however, when the hangar door is open it will be 5' from rear property line. Aerial: Site Plan: 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: "The hardship is that the existing hangar cannot accommodate my specialized aircraft, which requires hand controls for accessibility, and without the variance, he cannot meet his mobility needs." 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. 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, the property is located within a residential airpark where hangars and hangar homes are common and expected." b. Staff's response: Yes, granting the variance will not result in creating or continuing a use which is not compatible with adjacent uses. i. 2005 12th Street 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, The request is the minimum necessary to enable the intended and essential use of the hangar." b. Staff's response: The applicant could meet the setbacks with a smaller building. 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: "No, The physical characteristics are generally similar to adjacent properties." b. Staff's response: The subject property is a conforming lot meeting the minimum lot size, width, and depth requirements. 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, The need for the variance is due to the lot's limitations and the size requirements of my specialized aircraft, not from any action I have taken." b. Staff's response: Yes, the applicant has a specialized aircraft requiring the hangar size. 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 within a residential airpark where hangars and hangar homes are common and expected. The proposed expansion will remain consistent with the character and usage of neighboring properties and will not introduce incompatible uses." 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 no comments from other Departments. Public Notice: In accordance with Florida Statues Chapter 166.041, a Public Notice sign was posted on the site on April 30th, 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-2502 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.