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12-05-1984 o Q CITY OF EDGEWATER PLANNING AND ZONING BOARD REGULAR MEETING DECEMBER 5, 1984 Minutes Chairman Don Bennington called the regular meeting to order at 7:05 P.M., in the Community Center. ROLL CALL Members present: Messrs. Wheeler, Chenoweth, Finn, Quaggin, Poland, and Bennington. Ann Thomas is excused. Also present: Secretary, Susan Mista, one member of the press. APPROVAL OF MINUTES Mr. Quaggin made a motion to approve the minutes of the November 15, 1984, Special Meeting, seconded simultaneously by Mr. Wheeler and Mr. Poland. Chairman Bennington abstained from voting because he was not present at that meeting. Motion CARRIED 5-0. SITE PLAN REVIEWS SP-8451 - Coleman Construction Co. for Mrs. Weiler - Duplex Addition. There was no representative present to discuss this plan. Chairman Bennington asked the Board members if they wanted to consider SP-8452 also, due to the fact it also is an addition to a duplex in Shangri-La. The members agreed to TABLE both site plans until a representative is present. Mr. Wheeler made a motion to TABLE SP-8451 and SP-8452, seconded by Mr. Quaggin. Motion CARRIED 6-0. Chairman Bennington asked the Board if they wished to discuss the letters that were received from residences in Shangri~La concerning the variances granted by the Board of Adjustments, or to wait until the end of the agenda. The Board agreed to wait until the end of the agenda. SP-8462 - Willie Wood - Duplex - 3006-3008 India Palm Drive. Willie Wood was ~resent to discuss this site plan. Mr. Quaggin questioned the site plan regarding no provisions for parking. Mr. Wood explained that the driveway would be used for parking. Chairman Bennington noted there was no carport or garage and as long as he has enough room, he can park in the drive, IO~ by 40' is needed for two spaces per unit. Chairman Bennington stated that the first ~ot of the front needs to be a planted buffer and this is not shown on the plans. Mr. Wood said he was aware of that and he would see that it is included in the plans. Mr. Quaggin asked if there were a fire '~all between the two residences, to which Mr. Wood replied there will be a two hour fire wall with two layers of sheet rock on each side. Mr. Wheeler made a motion to give final approval to this site plan, seconded by Mr. Chenoweth. Motion CARRIED 6-0. SP-8463 - T. L. Jones - Duplex -1958 &1962 Fern Palm Drive. Mr. Jones was present to discuss this site plan. Chairman Bennington asked what the Building Official meant concerning his comment that there were canal problems. Mr. Jones said he did not know that there was any problem on these lots, however, there were problems on some other lots in the area. There is a canal behind the lots and it is o o situated on the property with an easement on the lots behind the canal. Mr. Poland asked if it were 34' to the edge of the canal. Chairman Bennington referred to the survey which shows 91.73' to the edge of the canal. Mr. Poland asked how much setback there is to the edge of the canal from the back of the house? A discussion ensued regarding the foot- age from the back of the house to the canal. Mr. Poland said he inter- pretted it to be 7' from the house to the edge of the canal. The question arose as to whether or not the canal can be included in the rear setback and who owns the canal. Mr. Jones said the canal belongs to the City of Edgewater but the land belongs to him. Chairman Bennington said that the survey shows that he is the owner of the land, including the canal. Mr. Jones said the canal is approximately 20' deep. Mr. Poland questioned that the canal starts 7' from the back of the house and it is 20' deep. Chair- man Bennington said there could be a problem concerning liability for the City with the canal sitting on this property. Mr. Jones said he has plans for a garage that would be 20' and he could move the building forward 10', if he could get a variance for a 30' front setback, and that would give him 17' to the edge of the canal at the rear. A discussion then ensued concerning the problems that could arise with the canal being so close to the building. Chairman Bennington said he feels they need a legal opinion from the City Attorney as to the City's liability of the canal and ask Mr. Copeland, the Public Works Supervisor why the canal is located in this area. Mr. Jones said he planned to grade down to the waters edge and put up a fence. Mr. Wheeler made a motion to get a legal opinion from Mr. Alvarez as to whether or not the City has any liability for this canal. Mr. Poland seconded the motion. Motion CARRIED 6-0. Mr. Poland stated that infor- mation should be secured from Mr. Copeland as to where the canal carne from and why it is there, etc., and this information given to Mr. Alvarez. SP-8464 - Earl Wallace'" Duplex - Guava between 20th and 21st Street. Mr. Wallace was present to discuss this site plan. Mr. Wallace said that Susan Mista questioned that there should be a buffer at the rear of this property due to the fact it abutts R3 residential zoning. He said there is a canal at the rear with lots of trees, however, he will put In a 5' planted buffer at the rear. There being no discussion concerning this site plan, Mr. Wheeler made a motion to give final approval to same, seconded by Mr. Poland. Motion CARRIED 6-0. SP-8465 - Earl Wallace for Drive and In ian River Blv Barrett .., Business Com lex - Fern Palm Mr. Wallace was present to discuss this site plan. Chairman Bennington read into the record the letter from the City Engineer which stated the plans are approved, subject to verification of the water table to ensure that the exfiltration system can perform as designed. Chairman Bennington stated it was hard to compute the parking requirements when you don't know what the offices will be used for. Mr. Wallace noted that the City has it's own criteria established for parking and guidelines that must be complied with to meet the requirements. Mr. Poland asked if the entire parking area will be paved, tomich Mr. Wallace replied, yes. Mr. Wallace showed the Board from the stormwater drawings how the parking situation will be handled. Mr. Poland asked how easy this system will be to maintain. Mr. Wallace said there will be sediment pits on either end. Chairman Bennington said that the previous engineer, Frank Marshall, said this type of system must be flushed yearly with a fire hose. He had a schedule set up and he assumes this is still being carried out. The secretary, Susan Mista, advised that a log was set up when Frank Marshall was employed by the City, logging the individual structures with the dates that they needed to be flushed. This log is no longer being kept. Chair- man Bennington said he would look into this matter. -2- Planning & Zoning Board Meeting December 5, 1984 o o Mr. Wheeler made a motion to give this site plan final approval, seconded by Mr. Poland. Motion CARRIED 6-0. SP-8466 - Steve Levine and Michael Coleman - Two Duplexes - 30th and India Palm. Mr. Levine and Mr. Coleman were present to discuss this site plan. Mr. Poland asked how far from the property line this site was to the drainage ditch. He was advised that the ditch was not on this property. It is at least 10' behind the property line. Chairman Bennington said that a 5' planted buffer is required for this zoning. Mr. Coleman said that there is a natural buffer at the rear of the property due to the fact it is solid maple trees. Chairman Bennington stated that the first 5' around the two abutting streets must be landscaped with a planter. Mr. Coleman said there would be no problem with planting the buffer areas. Mr. Chenoweth made a motion to give final approval to this site plan, seconded by Mr. Finn. Mr. Poland asked that the motion be amended to include requiring the 5' landscaped buffer on the side streets. Mr. Chenoweth amended his motion to stipulate that the 5' planted buffer be installed on the two abutting streets. Mr. Finn amended his second. Upon roll call, motion CARRIED 6-0. SP-847l - Edwin Hall - Triplex - 2702, 2704, 2706 India Palm, Sketch Approval. Ron Lucas was present to represent this site plan. Mr. Poland stated that stormwater calculations were required on triplexes. Chairman Bennington stated that the driveway needed to be widened to 10'. Mr. Lucas said that Mr. Ferrara said that the stormwater calculations could be submitted after the site plan is approved. Mr. Wheeler made a motion to give approval to this sketch plan, provided the site plan show a 10' driveway and pending engineering approval of the stormwater calculations when the plan is submitted for site plan approval. Mr. Chenoweth seconded the motion. Motion CARRIED 6-0. SP-8472 - Edwin Hall - Sketch Plan Approval - Duplex - 2210 - 2212 India. Ron Lucas was present to discuss this site plan. Mr. Poland stated that this plan needs to have the driveways widened to 10', also. Chairman Bennington suggested that this plan be given final approval as a site plan, pending there are no adverse comments from the Department Head Supervisors and widening the driveway. Mr. Poland added that the $75.00 filing fee must also be paid. Mr. Riand made a motion to give final approval to this sketch plan as being a site plan, pending there are no adverse comments from the Depart- ment Head Supervisors, that the driveway be widened to 10' and the $75.00 filing fee is paid. Mr. Wheeler seconded the m0tion. Motion CARRIED 6-0. UNFINISHED BUSINESS Rezoning application from Rl to R2 by Victor St. John for property located on Lincoln Road. Les Haughwout of Florida Homes and Land was present to discuss this rezoning application. Mr. St. John was present, also. Mr. Wheeler asked how many lots were involved In this rezoning, to which Mr. Haughwout said 5. Chairman Bennington said the property in question is surrounded by multi-family and business zoning. They are considered non-conforming lots of record, platted prior to the adoption of the zoning ordinance. The differences in Rl and R2 include lot sizes, square footage - 1300 square foot required for Rl and 1050 for R2; lot sizes are 100' by 120' for Rl and 75' by 115' in R2; lot size is 12,000 in R1 to 8,625 in R2; minimum size of the house is 1300 square feet in R1 to 1050 in R2. He then referred the Board to page 1538 of the Code concerning non-conforming -3- Planning & Zoning Board Meeting December 5, 1984 o o lots of record which states that the lot does not have to be of the size of the zoning as long as the setbacks arid square footage requirements are met. It further states that if two or more lots with continuous frontage and single ownership are of record at the time of passage or amendment of this ordinance, and if all or a part of the lots do not meet the required width and area, the property involved shall be considered to be an undivided parcel for the purposes of this ordinance and no portion of said parcel shall be used or sold in a manner which diminishes compliance with the lot width and area requirements established by this ordinance, nor shall any division of any parcel be made which creates a lot with width or area below the requirements stated in this ordinance~ Chairman Bennington said that he interprets that to mean that this is now a single lot of record because it is continuous ownership by one pe~son. It is zoned Rl but the lots are too small and do not meet the requirements for the Rl zoning. They were that size prior to the adoption of this ordinance and are, therefore, non- conforming lots of record. Mr. Poland asked if lot 8 were sold, then lots 6 and 9 would be building sites, as would lot 8. Chairman Bennington said the property shall be considered an undivided parcel, according to the Code. Mr. Haughwout said the lots were lots of record prior to 1974 and were individually taxed. They also presently have water and sewer lines going in to them. Chairman Bennington said the Code also states you cannot reduce a lot to make it non-conforming. Mr. Poland questioned whether or not the change would be considered spot zoning. A discussion then ensued concerning whether or not these lots shall be considered a single lot or individual lots, according to the Code regarding non-conforming lots of record. It was the suggestion of Chairman Bennington that they get a legal opinion concerning two questions: 1) Can they legally rezone this property, is it spot zoning, and 2) How many lots are involved in this request, according to the Code. Mr. Poland made a motion that a legal opinion be asked of Mr. Alvarez concerning whether or not it would be legal to rezone this property, or would it be spot zoning; and, how many lots are involved, 2 or 3, in reference to Section 400.01 of the Code. Mr. Wheeler seconded the motion. Motion CARRIED 6-0. The Board members advised Mr. Haughwout that a recommendation for rezoning could not go before the Coucil until January and there is plenty of time to get this matter on the Council agenda for their review in January. Once an item is on the agenda, Council can act on it irregardless of the time, since it was initiated in the month for zoning changes. Review letter from Ron Lucas concerning changing use of the Halifax Court Apts., SP-8219 - from rental units to condomin:iums. Chairman Bennington commended Mr. Lucas for wanting to do the right thing in changing these apartments to condominiums, however, he said he did not know if it concerned this Board or not. TheY'lare not changing the const~ ruction or the property and they are not changing the use - it will still be used for residences. Mr. Lucas said he had already checked with the Building Official concerning anything that would be required to change the units for selling them. He further advised that the State of Florida will regulate what is necessary to sell these units as condominiums. Chairman Bennington recommended that a letter be sent to the City Attorney, asking him if he knows of anything else that the City needs to do concerning this change. Review letter from Rev. Sal Siand, Edgewat~r Alliance Church, SP-8353, concerning providing revised stormwater plans for the church addition. Chairman Bennington read the most recent letter from Rev. Siano into the record which stated the Church's engineer cannot begin work on the storm- water plans until after the first of the year. -4- Planning & Zoning Board Meeting December 5,1984 o o Chairman Bennington said Rev. Siano misunderstood the letter the Board sent to him. They are not asking him to come before the Board with detailed plans, they want him to come before the Board and advise what he intends to do and when he planned to do it. According to the letter from Rev. Siano, they plan to use the land they bought and the engineer says it will not be until January before he can work on the plans. The Board members agreed that they were concerned that this matter not get lost and nothing be done to enforce the stormwater management system on the property. Mr. Poland suggested that they table this until the second meeting in January. Chairman Bennington suggested sending another letter to Rev. Siano, advising him that it is not the Board's intention that he appear with a detailed plan, but that he come before them with his intentions as to what type system they hope to install and when they plan to install same, this information was stated in his recent letter, further, tell him'the Board expects to hear from him with this requested information by the second meeting in January, and offer the Board's apiogies for the misunderstanding. Cameron Marina - re uest from Mr. Geroge Cameron to sell alcoholic bevera es from his place of business, locate in B4 zoning istrict. Mr. Cameron was present to discuss this matter with the Board. Chairman Bennington read the letter into the record which stated that the fish camp is a permitted use in the B4 zone and Mr. Cameron is requesting that the Board determine that the sale of alcoholic beverages is an accessory use and grant him permission to sell same. Mr. Poland asked Mr. Cameron if he presently has a liquor license to sell, to which Mr. Cameron said he only has a beer license. He wants a license to permit drinking on the premises. They cannot buy the alcohol from him and drink it there. The people are presently going to the Handy Way and buying it and bringing it down to his place and drink it. Chairman Bennington said that Mrs. Bennington found out from Tallahassee that there is an off-premises license that anyone can purchase from the State and it cannot be regulated by zoning. Chairman Bennington said the way he understands this situation is that Mr. Cameron wants a license to be able to sell the beer on the premises and it be allowed to be consumed on the premises. The State needs someone to sign his application, that this would be acceptable to our zoning. He further said that a permitted use is a boat launching area, fish camp, etc., and everyone he has been to he has seen people standing and drinking beer. Under accessory use it says all those uses customarily associated with the permitted principal uses. He asked the Board if anyone has ever been in a bait house that did not sell beer. Mr. Cameron's property encompasses a great amount of land. Mr. Poland asked if there were rental units on the property, to which Mr. Cameron replied, yes. Mr. Poland then said if someone from the rental unit went to the bait house and bought some beer, technically they could not go back to their rental unit and consume it. Mr. Cameron said that was right. Mr. Poland said they would have to leave the physical property to consume it, to which Hr. Cameron replied, right. Chairman Bennington read the application from the State to the Board members. Someone from the City needs to sign same, acknowledging that the sale of alcoholic beverages is a permittrouse in this zoning district. Further reading of the application stated that it is for beer, only, consumption on the premises and to go as package., Mr. Poland said if you look at the other items in permitted uses, most hotels have a lounge, a lot of motels have a lounge. Mr. Chenoweth said it does not violate the zoning. He said he could see nothing that they could use as a reason to refuse it, he would not be doing anything that is not permitted under that zoning. The Board members decided that the application should be signed by the City Clerk. Mr. Poland made a motion that the sale of alcoholic beverages in this B4 zoning district does comply with the Code as being an accessory use. Mr. Wheeler seconded the motion. Motion CARRIED 5-1. Mr. Quaggin voted NO for the reason that he felt that the area in question is too heavily populated with the sale of alcoholic beverages already. The Board advised Mr. Cameron that he could pick up the applications from the City Clerk's office the next day, that she would be advised to sign same and if there were any problems, the secretary would call him. -5- Planning & Zoning Board December 5, 1984 o o Chairman Bennington brought up the subject that the plan Frank Marshall initiated concerning flushing the trench drains was no longer being complied with. A discussion then ensued on how these systems were to be flushed, whether or not they actually need to be flushed, how often they should be flushed. It was Chairman Bennington's understanding that the stormwater management permit application, having been reviewed by the City Engineer and approved, states that the proposed system is adequate so long as it is flushed regularly. The Board members suggested Mr. Ferrara be asked if the syste~ do, in fact, need to be flushed and how often. Chairman Bennington moved the letters from the property owners in Shangri- La Subdivision concerning the variances from the table. He said it is his opinion that when the subdivisions were approved, they were required to have 30' front setbacks and 20' rear setbacks. Pelican Cove West and Gas Lite were approved for duplexes, only. Any changes in the use is a change which needs to be brought back before this Board for approval. Mr. Wheeler asked how the residences in Pelican Cove West that have Florida rooms put on them were allowed to be added on. Chairman Bennington said they had to get variances for same. He said his interpretation of the section on variances does not say a variance can be granted just because someone wants a bigger house. There are five items in the Code that must be complied with before a variance is granted. This Board cannot approve variances, only under subdivision approval, therefore, the variances in the Shangri-La Subdivision do not concern them. They are only to determine if everything else complies if the variance is granted. The Board members agreed with Chairman Bennington's comments on this matter. There being no further business to come before the Board, upon motion made by Mr. Wheeler to adjourn, seconded by Mr. Finn, the meeting was adjourned at 9:17 P.M. Minutes submitted by: Susan Mista -6- Planning & Zoning Board Meeting December 5, 1984