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04-01-1975 - Special t . .-....- .; Tape 2 Side 2 5 min. u u " "'-, THE CITY COUNCIL OF THE CITY OF EDGEWATER SPECIAL MEETING HELD APRIL 1, 1975 The Special Meeting of the City Council of the City of Edgewater, was called to order April 1, 1975, by Mayor David C. Severance. ROLL CALL Mayor David C. Severance Councilman Jacob Lodico Councilman William Cairnie Councilman Walter B. Sikes Councilman Calvin R. Dietz City Manager Dale Bryant City Attorney Joseph Weaver City Clerk Sue Blackwell Police Lt. Norman McCall Present Present Present Present Excused Present Present Present Present APPROVAL OF MINUTES None BILLS AND ACCOUNTS None COMMUNICATIONS None RESOLUTIONS None ORDINANCES None OLD BUSINESS None NEW BUSINESS Mr. Weaver read the recommendations from ~he Zoning Board: Under the B Classifications, under Permitted Uses - provide for a single family residence in accordance with the following specifications: Lot size shall be in accordance with the R-5 dimensions, the Building Size in accordance with the R-3 dimensions and the statement added to the effect that a single family residence may be constructed in conjunction with any business permitted within the particular classification. Under the Industrial Classifications - Single family residences shall be permitted under Special Exceptions, Lot size require- ments will be in accordance with the R-5 dimensions, Building size requirements will be in accordance with the R-3 dimensions. . u u '~ , Under the Industrial Classifications under Special Exceptions - A single family residence may be used in conjunction with any industry permitted within that particular Industrial Classifi- cation. Mr. Weaver stated that the actual dimensions will be put in the amendment, however for time saving right now he stated the R-5 and R-3 and so on. Councilman Cairnie made a motion that the first recommendation be adopted and retroactive to tonight and the attorney be in- structed to draw up an Ordinance making this change, being seconded by Councilman Sikes. Upon roll call vote said motion CARRIED. At this time Mr. Weaver read the amendment for the fence section in the Zoning Ordinance: "Residential Building lots - (not corner) Back and side up to rear dwelling line 6 feet (opaque but no con- crete) Front and front side up to front property line 4 feet (not opaque). Councilman Cairnie made a motion that this recommendation by the Zoning Board be adopted and that the attorney be instructed to draw up an Ordinance makin~ this amendment, being ~econded by Councilman Lodico. Upon roll call vote said motion CARRIED. Councilman Sikes made a motion that we allow Mrs. Minton to replace by new construction her home that was destroyed by fire, in accordance with the motion previously made, being seconded by Councilman Cairnie. Mayor Severance stated that in the previous motion we accepted the recommendation of the Zoning Board in regards to the Per- mitted Uses and Special Exceptions, and Mrs. Minton will fall under the Special Exceptions, and therefore she will have to go to the Board of Adjustments, and we want to eliminate this. 10 min. Mr. Cairnie and Mr. Sikes withdrew their second and motion. Mr. Weaver spoke to the board about this stating that the motion previously made should be mentioned because of the lot size dimensions. There was discussion as to how large Mrs. Minton's house is going to be. 15 min. Councilman Cairnie made a motion that Mrs. Minton be permitted to construct and replace the house on her property that was destroyed by fire, whatever footage it was before, being seconded by Councilman Sikes. Mrs. Murphy asked if this should be done just for Mrs. Minton's tenure, but if anything happened to her could this be sold or should it come to the Board of Adjustments. The Council stated that this would apply here. Upon roll call vote on the motion, said motion CARRIED. Councilman Cairnie made a motion that Mrs. Minton does not have to go before the Board of Adjustment to rebuild herehome, being seconded by Councilman Sikes. Mr. Shambora questioned whether this is not setting a prescidence someone else can come in and get an attorney and fight it. Mr. Weaver stated that the first motion by Mr. Cairnie is allowing this lady to' rebuild her house which was destroyed by fire. An Ordinance is going to be drawn up to permit such as this under Special Exceptions. -2- ; u u ~ Councilman Lodico stated that this prescidence was broken just last week when we waived the $50.00 fee for a variance. Mayor Severance explained what this was. Upon roll call vote on the motion said motion CARRIED. Mayor Severance explained that we need a motion to allow Mrs. Harris to proceed with her project subject to the variance to be granted by the Board of Adjustments. 25 min. There was some discussion in regard to this, Mr. Harris explained that he will have a residence upstairs and his mother will live downstairs, therefore this is a two family construction with a business downstairs also. Tape 3 Side A o min. It was explained that this is not what was asked for in the first place;a single family residence above a business is what was asked for. Mrs. Harris explained that she has had this lot for some time and has not Just bought this lot to do this on. Mr. Weaver stated that under the definition under single family dwelling, this is not a sin~le family dwelling. It was explained that under the Old Ordinance this could be done however the new Ordinance does not allow for a residence and a business in the same building. 5 min. There was much controversy in regard to this matter. City Attorney Weaver stated that you can go ahead and allow in this particular instance due to the fact that these people have come before the board and have submitted their plans, although they have been misinterpreted by the Council, allow them to come under the Ordinance 219 as far as being able to build a business and a residencial unit, and also state in this motion that this will not set a prescidence. Mrs. Murphy asked if this could be stated that one residence for each floor? Mayor Severance explained that they will have to go to the Board of Adjustments for the setbacks. Councilman Cairnie made a motion that the Harris' be permitted to build a commercial building with the residence on the bottom and a residence over the commercial building, and that this will not set a prescidence for any future buildings in the City. This motion died without a second. Mr. Lodico stated that he will not go against what the Board of Adjustments are working so hard on, and if they bring a recom- mendation to the Council he will vote on it. Councilman Sikes stated that the Council received a recommendation from the Board of Adjustments recommending to build a combined business and residence in this zone. He stated that he has seen no plans, and he feels that the Council should see a set of plans Mrs. Harris stated that the plans were at the last meeting which they came to. It was explained that they have to go to the Board of Adjustments and then final approval must come from the Council again. -3- 'l Q o '" Councilman Cairnie made a motion to allow Mrs. Harris to uroceed with her project based on the fact that it is a commercial building with not more than two residences in the same structure, this does not set a prescidence for any future buildings and subject to recommendation from the Board of Adjustments in regards to variances pertaining to setbacks, being seconded by Councilman Sikes. Mr. Denton stated that the parking spaces are going to have to be taken care of, not only the setbacks. Mrs. Murphy stated that if it was clarified that this lot is buffered between business and multi family, that this situation will probably not come up again. Mr. Shambora spoke to the board about this again asking what is stopping someone else to come in and do this? Councilman Lodico called for the roll call. Upon roll call vote said motion CARRIED. The next issue is permitting a license to Harris Builders of Volusia Inoorporated. Mr. Harris explained that he can go to New Smyrna and get a license tomorrow and then he can build in Edgewater, however he feels that if he is going to live and work in Edgewater, he should support the City. Councilman Sikes made a motion to issue this license, being seconded by Councilman Cairnie. Upon roll call vote said motion CARRIED. Mayor Severance stated that the next item is a motion to give Mr. Fisher a license so that he can get a county license for Atlantic Wholesale Distributor. 25 min. Mr. Fisher spoke to the Council about this, explaining that there will be no equipment or warehousing done at his home. Councilman Lodico made a motion to give Mr. Fisher this license, being seconded by Councilman Cairnie. Upon roll call vote said motion CARRIED. , Mayor Severance stated that the next item is a motion to instruct the attorney to draw up the amendments to Ordinance 880 in reference to fences and the single family homes. Councilman Lodico made a motion to instruct the attorney to draw up an amendment to the Zoning Ordinance changing the word "repealable" in Section E of Article IX to "ratified" being seconded by Councilman Cairnie. Upon roll call vote' said motion CARRIED. Councilman Cair.nie made a motion to adjourn, being seconded by Councilman Lodico. Upon roll call vote said motion CARRIED. Meeting adjourned at 10:15 -4-