10-08-1973 - Special
.... "
~,
I
u
o
THE CITY COUNCIL OF THE CITY OF EDGEWATER
SPECIAL MEETING HELD
October 8, 1973
The Special Meeting of the City Council of the City of
Edgewater, Florida was called to order by Mayor Armstrong
on Monday, October 8, 1973 at 7:30 P.M.
ROLL CALL
Mayor Dana T. Armstrong
Councilwoman Marian Crigger
Councilman Edward T. Clinton
Councilman David C. Severance
Councilman John G. Bevel
City Attorney Joseph E. Weaver
City Clerk Sue Blackwell
Deputy City Clerk Elizabeth J. Crouser
Police Chief George R. Katez
APPROVAL OF MINUTES
Present
Present
Present
Absent
Present
Absent
Present
Absent
Present
NONE
BILLS & ACCOUNTS
NONE
OFFICERS REPORTS
NONE
COMMUNICATIONS
NONE
PROCLAMATIONS
NONE
RESOLUTIONS
NONE
ORDINANCES
Mayor Armstrong said the reason for calling the Special Meeting
was because there was a question on Ordinance 368. After
discussing this Ordinance with the City Attorney, Mr. Weaver was
asked to give an opinion as to the legal aspects of this Ordinance.
The Legal Opinion of Mr. Weaver was read in full by the City
Clerk and is attached to these minutes.
Mayor Armstrong then stated that after much research the Office
staff had not been able to find any evidence of a public hearing
1.
..../
u
o
being held or that a Resolution of intent had been passed.
The Mayor said we were faced with a legal question and not
with a zoning question. He then asked the City Clerk to read
the Ordinance drewn up by the City Attorney.
ORDINANCE 856 AN ORDINANCE WAIVING THE REQUIREMENT OF A
SINGLE STORY RESIDENCE IN THE SINGLE FAMILY RESIDENCE CLASS-
IFICATION PERTAINING TO THE FOLLOWING DESCRIBED PROPERTY IN-
THE CITY OF EDGEWATER, FLORIDA, TO-WIT: LOTS 15294, 15295,
AND 15296, BLOCK 496, SECTION 27, FLORIDA SHORES SUBDIVISION,
AS PER MAP BOOK 19, PAGE 247 OF THE PUBLIC RECORDS OF VOLUSIA
COUNTY, FLORIDA, AND PROYIDING AN EFFECTIVE DATE THEREFOR.
The above Ordinance was read in full by City Clerk Sue Blackwell.
Councilwoman Crigger duly made a motion to adopt said Ordinance
being seconded by Councilman Bevel. Upon roll call vote said
motion CARRIED. Councilman Clinton voted No.
There was much interest in the above Ordinance and it was
discussed for approximately one hour before Mayor Armstrong
called for the roll call vote. Thirty-four people were present.
Read in full by the Mayor was the letter calling the Special
Meeting.
Councilmen:
There will be a Special Meeting on October 8, 1973, at 7:30 P.M.
in the Mayor's office for the purpose of taking appropriate
necessary action on the paragraph or paragraphs of Ordinance
No. 368. We will amend, delete, or retify Ordinance 368 so it
will not discriminate against anyone and make it Constitutional
in all respects.
Dana T. Armstrong, Mayor
Immediately after Ordinance No. 856 was adopted, Councilman Bevel
duly made a motion that the Building Inspector be instructed
lito hold building permits for two story dwellings in Zone A-5 in
Florida Shores until sdxtYJ(60) days from this date (October 8,
1973)."
Said motion was duly seconded by Councilwoman Crigger. Upon
roll call vote said motion CARRIED.
Councilman Bevel duly amde a motion to direct the Zoning and
Planning Board to take Ordinance No. 368 under advisement as
soon as possible and workoon it to make it legal or to write
another Ordinance for Zoning we could live with. Councilwoman
crigger seconded the notion and upon roll call vote said
motion CARRIED.
OLD BUSINESS
NONE
NEW BUSINESS
NONE
MISCELLANEOUS
NONE
2.
.ft'7,
. '
o
ANNOUNCEMENTS
NONE
ADJOURN OR RECESS
Q
Councilwoman Crigger made a motion to adjourn, being seconded
by Councilman Clinton.
TIME OF ADJOURNMENT
8:45 P.~1.
MINUTES TAKEN BY:
Sue BlachJell
ATTEST:
~~
~+~ d~
CO CILM N
Q~GJ~JC
t/ea/
/
C;:7J24
/
71AJ
J.
..
u
'wi
OPINION OF CITY ATTORNEY
OCTOBER 8. 1973
Re: Granting a waiver of the single story residence
and requirement in the Florida Shores area for
Lots 15294, 15295 and 15296
It has been brought to my attention that the Ordinance establishing the
single story residence requirement in the Florida Shores area, namely
Ordinance No. 368, was passed without the benefit of any public
hearing. All reclassifications of property require a public hearing to be
held prior to adopting any new classification, see Sec. 24-10 through 24-12
under Zoning in Edgewater Code for procedure.
Therefore, it is my opinion that Ordinance No. 368 may be unconstitutional.
But, in order not to get preoccupied with such a large problem in light of the
immediacy of the situation with Mr. and Mrs. Andrus, the owners of the
above-mentioned lots, I am recommending that the City Council waive the single
story requirement in regard to the above-mentioned in order to circumvent any
liability that may be placed on the City by its inaction to rectify the matter.
This will pennit the Andrus to do what they have wished to do with the property,
..-/l
namely, construct a two story home.
The waiver of the single story requirement will have the effect of placing the
above-mentioned lots in the same classification in regard to building height
as it was prior to the enactment of Ordinance No. 368.
Of course, I will research the general problem with Ordinance No. 368 and report
to the Council any possible remedies.
1 ~ U
eaver, City Attorney