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Agenda Item: 10 |
Prepared By: Mary P. Holden, Planning Manager |
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Business: Resolution |
Department: Community Affairs - Growth Management |
Subject:
Title
Resolution - Variance Petition (VP-23-000403) Request to the Land Development Code (LDC) Sec. 30-441(g) Landscape Buffer Width for the Property Located at 588 Bald Eagle Drive, Marco Island FL 34145 - Mary P. Holden, Planning Manager, Community Affairs/Growth Management
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BACKGROUND:
PROJECT DESCRIPTION:
The request is to provide a three (3’) foot buffer instead of a fifteen (15’) foot buffer along the south and west side of the property where it abuts the Marco Island Cemetery, which is zoned R-4 residential. Please find attached the application, a conceptual plan and a summary of the Neighborhood Information Meeting.
PLANNING BOARD SUMMARY AND RECOMMENDATION:
The Planning Board held a public hearing and considered this request at their June 7, 2024, meeting. The request was presented to the Planning Board. Discussion and questions from the Planning Board included the retaining wall, an archaeological study was completed with no unmarked graves, traffic in and out of the site, providing a by-pass lane next to the drive thru lane for safety, drive thru location and light and noise next to the cemetery, the landscape provided in the buffer along the south and west side, cemetery improvements are encroaching onto this property, applicant willing to install additional landscape plant material on the cemetery, among a few other topics.
Extensive public comment included concern with the noise from the drive thru and maintaining the serenity, sanctity, and dignity of the cemetery, erosion, shift the site toward Elkcam and ask for a variance to that side, and the sentiment of not wanting additional landscaping on the cemetery property.
After public comment and follow up clarification discussion, the Planning Board voted 4-2 to forward a recommendation of approval based on the following findings and condition:
Findings:
1. This site is a corner lot abutting residentially zoned property on the south and west, requiring a 25-foot setback from all sides, which is being met. What makes the site unique is the residentially zoned property is a cemetery and not single-family structures. Further, the site sits well below the abutting property (cemetery).
2. The special conditions related to the land are not due to actions of the applicant.
3. If the variance is granted, it would be the minimum required to make the designed layout work. The required landscape plant material will follow the required number, just a narrower buffer.
4. Granting the variance will not confer special privilege.
5. Granting the variance will be in keeping with the intent and purpose of this section of our zoning code since they are meeting the required amount of landscape plant material specified, and will not be injurious to the neighborhood, or otherwise detrimental to the public welfare.
6. Granting this variance does not conflict with our Comprehensive Plan.
Conditions of Approval:
1. The approval of SDP 23-000398 is null and void if the City Council does not approve this variance request, 23-000403.
FUNDING SOURCE / FISCAL IMPACT:
The Applicant has paid $2,000.00 in applicable fees
PUBLIC NOTICE REQUIREMENTS: No less than 10 days prior to reading at the City Council meeting
NOTICE APPEARANCE DATE(S): July 9, 2024
RECOMMENDATION: Approval of Resolution 24-34 with the listed findings and conditions.
POTENTIAL MOTION: Approve Resolution 24-34 with the listed findings and conditions.