04-01-1975 - Public Hearing
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THE CITY COUNCIL OF THE CITY OF EDGEWATER, FLORIDA
PUBLIC HEARING HELD
APRIL 1, 1975
Tape 1
Side A
o min.
The Public Hearing was called to order April 1, 1975, at 7:00 P.M.
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
Zoning Board:
Robert Wolfe
John Brittingham
James Mackie
Ryta Webber
David Wiggins
Present
Present
Present
Present
Present
Planning Board:
Raymond Shambora
William Glaser
Gene Harris
Tom Loveland
David McCallister
Present
Present
Excused
Absent
Absent (came in after Public Hearing)
Mayor Severance stated that the purpose of this meeting is for
public discussion of proposed amendments to Ordinance No. 880
said proposed amendments as follows:
1. Proposed change to make Board of Adjustments under Article IX
of Ordinance No. 880 autonomous rather than advisory to the City
Council.
2. Amendments to Business and Industrial Classifications to permit
construction of residences within said classifications conditional
upon approval of the City.
3. Amendments to provide for the construction of fences in resi-
dential areas.
At this time Mayor Severance turned the chair over to Mr. Wolfe
to conduct the Public Hearing pertaining to the last two items.
Mr. Wolfe stated that in item two the easiest way to do this is
under Special Exceptions it could be added "That under the Zones
B-1 through B-6 and I-I through 1-3 these zoneS will be allowed
to have residential homes with a lot conforming to the residential
regulations of R-5 zoning."
The Council looked up the R-5 Zoning and this was duscussed.
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10 min.
15 min.
20 min.
25 min.
Tape 1
Side B
o min.
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It was discussed that this is a multi-family zoning classification
and not a single family classification.
City Attorney Weaver stated that there are two specific problems
we are trying to resolve, and we may have to have two special
exceptions and not lump it together as one.
Mr. Wolfe stated that the parking spaces also have to be con-
sidered even when a person is building a residence over his
business.
Mr. Weaver stated that any time you put these things under
special exceptions it will still have to go to the boards.
Mr. Wolfe stated that this could be put in the intent section
of the Ordinance, and this would cover everything.
Mrs. Murphy asked if due to the traffic hazard have they thought
of excluding this from U.S. 1. This is to prevent having a lot
of children living in this area due to it being dangerous.
Different situations were discussed between Mr. Wolfe and City
Attorney Weaver.
It was discussed whether just the owner of a business will be
allowed to live in a residence above the business, or if he
can rent this residence.
Mr. Lodico stated again that he feels a man can build an apart-
ment over a business to look after the business but he shouldn't
be allowed to rent the apartment, that would just leave this
open for others to do.
Mr. Brittingham explained that you can not conditional zone,
you either zone or you don't.
Mr. Wolfe asked Mr. Weaver if he would like to make up the
Ordinance reflecting this.
Mr. Weaver stated that he was just trying to decide whether
to make two provisions or just one.
Mrs. Murphy asked if there is going to be a fire hazard clause
added in regard to this.
Mr. Wolfe stated that the Council has adopted the American
Standards for fire prevention and this would be taken care of.
Mr. Lodico stated that there is a crab factory and once it
burns down they can't rebuild it.
Mr. Brittingham stated that it was intended when the zoning
was done to allow people to upgrade the area but never down
grade an area. The crab factory once 60 percent destroyed,
could never be built again because it is a nonconforming
business.
Mrs. Webber stated that she would like to ask Mr. Weaver a
question. She stated that he is specifying single family
dwelling above a building, now R-5 states that they may
have multiple family and should this be written in?
Mr. Weaver stated that this is their decision he is just
using R-5 for the lot size dimensions.
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Mr. Glaser stated that he felt these areas were zoned this way
for a purpose, and he thinks we may be getting a lot of prob-
lems now.
Mr. Weaver read the following as an amendment to the Ordinance.
Under the permitted uses in the B-1 through B-6 classifications
and 1-1 through 1-3 classifications.
"The single family residence may be constructed provided the
lot size requirements are as follows:
Lot size requirements will be set out as set out in R-5, and
further provided that the building size requirements are as
follows: These requirements will be set out as are in R-3,
further stating that any single family residence so constructed
may be used or constructed in conjunction with any business or
any industry permitted in the particular classifications."
Mr. Weaver stated that he agrees with Mr. Glaser and he sug-
gested that perhaps we should take a hard look at the area
and see if there are any zones we could make this not apply to.
5 min.
Mr. Wolfe stated that he was thinking that the 1-3 zone would
be taken out of this. The reason being hazard type industrial.
It was agreed that 1-3 should be excluded.
Mrs. Webber stated that it was her understanding that this is
being done just for a person to replace a home that is already
built, but not for people to build new homes.
Mr. Shambora asked why this wasn't made a Permitted Use in a
B district and Special Exception in an I district.
10 min.
Mr. Weaver stated that the language would be the same just
under permitted uses in the B and special exception under I.
Everyone agreed except Mr. Brittingham, he stated that he
feels if you want to build in a commercial or industrial
area that should be your privilege. The vote being 4-1 on
this recommendation.
City Manager Bryant stated that in order to stream line for
the citizens benefit if a person wanted to upgrade an abea
they are willing to accept the hazards and the discomfort
that goes with the zoning on the property. Why couldn't
these people simply sign an affidavit waiving all complaints
and assuming all the responsibility.
Mr. Weaver stated that this takes all responsibility away
from the City in regard to the health, safety and welfare
of the citizens.
20 min.
There was some discussion about the area around Mrs. Minton's
property, and whether this should be rezoned the R-3 instead
of industrial.
Mr. Mackie suggested that this be left as it is now, because
if these people decide to sell their property the way it is
now they can sell residential or industrial.
At this time Mr. Wolfe read the fencing amendments to be
made to the Ordinance.
There was some question about the corner lots and the fence
amendment. Mr. Bryant stated that this is covered in
Section 705.00.
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Tape 2
Side A
o min.
Mr. Lodico stated that a fence should not block the view of
a driver to see around the corner.
Mr. Wolfe stated that the City has the right to send Notice
to these people who are violating a law, and then if they
don't do something about it, the City can tear it down or
whatever is necessary.
Mr. Brittingham made a motion that the following be added to
the Zoning Ordinance:
lIFences - Residential Building Lots (nor corner)
Back and side up to rear dwelling line
6 feet (opaque but no concrete)
Front and front side up to front property
line 4 feet (not opaque),
being seconded by Mr. Mackie.
being 5-0.
Said motion CARRIED, the vote
At this time Mr. Wolfe stated that the board has a couple of
questions for the Council. He asked what happened to the
Subdivision Ordinance and the Sign Ordinance.
Mr. Weaver stated that he has these Ordinances, and he will
bring them to the next workshop meeting..
Mr. Wolfe closed this part of the Public Hearing.
Mayor Severance stated that the other item listed to be dis-
cussed at the Public Hearing is the proposed change to make
Board of Adjustment under Article IX of Ordinance No. 880
autonomous rather than advisory to the City Council.
Mayor Severance stated that he would like to discuss this
with the members present, however he feels that a decision
should not be made because Councilman Dietz is not present
and he should have some say.
Mrs. Woodard stated to the Council that she has mixed emotions
on this. She stated that the way it is now the responsibility
is off of their shoulders, but the public is being shifted
through channels before they can get their variances.
15 min.
The meeting dates were discussed, and it was explained that
the Board of Adjustments Public Hearings are held a week
prior to the Council Meetings.
Mr. Denton stated that he feels about the same, however we
do have the Council and they should have the last word.
Mrs. Murphy stated that the reason she is against the autonomy
is who interprets the Zoning Ordinance, the City Attorney?
She stated that for an example if someone comes to the Board
of Adjustments and we interpret the case one way and Mr. Weaver
interprets it another way, do we go against our attorney or do
we go in accordance with his interpretation? She stated that
for this reason she would rather we did not have the last say.
20 min.
City Manager Bryant spoke on this and on how he tries to inter-
pret the Zoning Ordinance on a day to day basis.
At this time Mrs. Woodard and Mr. Weaver began discussing
whether Mr. Weaver was advising them at the last Public
Hearing or whether he was trying to persuade them to vote
a certain way.
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Tape 2
Side B
o min.
Mr. Wolfe asked if the people have any place to go to after
the Board except to Civil Action?
Mayor Severance stated no~ at this time however, they go to
the Council.
Mr. Wolfe stated that in the whole State of Florida all Boards
of Adjustment have final say. Then the City has the option if
they don't agree with the decisions they can take the board to
Court. When this Ordinance was first written this was in there.
Mr. Wolfe stated that as far as the question when this Section E
was added it was done at a Public Hearing, at the first reading
by the Council, when they got to that section they changed it.
Mr. Denton stated that he feels that the Council will consider
the fact that the board members do a lot of research on the
variance requests and they should keep this in mind when they
receive the recommendations from the board.
Mayor Severance stated that he feels the Council does this.
Mayor Severance closed the Public Hearing, thanking all the
board members present.
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Councilman
ATTEST:
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ity Clerk
Approved this
day of
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Mayor -'
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