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06-11-1985 - Special ~ o o CITY OF EDGEWATER PLANNING AND ZONING BOARD SPECIAL MEETING JUNE 11, 1985 Minutes Chairman Don Bennington called the Special Meeting to order at 10:00 A.M., in the Community Center. CALL TO ORDER/ROLL CALL Members present: Messrs. Finn, Quaggin, Mackie, Poland, Wheeler and Bennington. Also present: Susan Mista, secretary and two members of the press. Chairman Bennington stated this meeting was called to discuss preliminary and final approval for SP-8512, James A. Rives, Office Building and Used Car Lot at 103 Connecticut. Mr. Rives was present to discuss this site plan. Chairman Bennington began by asking Dennis Fischer, the Building Official, whether he determined that the three parking spaces in the front of this project were to be paved, to which Mr. Fischer replied, yes. And Chairman Bennington stated that the rest of the parking area was determined to be a display area, not a parking area. Mr. Fischer said this was true. Mr. Wheeler questioned whether or not the driveway off Connecticut is to be paved. Chairman Bennington read from the Code wherein it states all off- street parking, including entrances, exits and parking areas shall have a permanently hard-surfaced area. Apparently the drawing shows this is not a customer driveway, Chairman Bennington said. He went on to state that parking in front is in violation of the Code. He read from the Code which states parking shall be arranged so as to eliminate the necessity of backing into any street or thoroughfare. Chairman Bennington determined that the three paved parking spaces are still required to back out onto the highway. Mr. Mackie asked if he were going to back out onto the highway or onto Connecticut. Chairman Bennington said onto Connecticut. Chairman Bennington asked Mr. Rives if there would be two different bus- inesses in this building, to which Mr. Rives replied, correct. Chairman Bennington said he did not think three parking spaces would be adequate for two businesses. He then read from the Code which states for retail business and service establishments it requires one per 200 square feet of area plus one for each company vehicle. With two businesses there are at least two employees who will prohably not walk to work, which leaves only one parking space. Mr. Rives explained there would be no company vehicle. The retail merchandise would be the company vehicles and they will be parked in the display area. Chairman Bennington said there still remains a problem with the parking wherein it must be arranged so they do not back out onto the highway. Mr. Rives asked when this Ordinance was passed, stating that the DOT has determined it is safe. Chairman Bennington said the DOT does not own that road. Mr. Rives then asked how the City can back out into the street here, at City Hall, how does Modern Motors have the facilities that they have and what he is asking for be any different. He reiterated that the people at City Hall back their vehicles out onto the street. He asked why it is OK for them and the City personnel to back onto the street and he cannot. Chairman Bennington said this Ordinance was changed in the last six months. Mr. Rives asked if he could apply for a Special Exception. He said there is littl~ traffic on Connecticut, there is no backing onto a major thoroughfare, there is no obstruction of view, there is parking directly in front with a buffer zone 15' before you get to the State owned property. Chairman Bennington said Mr. Rives could apply to the Board of Adjustments for a variance, but this Board cannot grant it. Mr. Mackie asked Mr. Rives what type of business would be in the office, besides the Used Car business and whether or not it would require customers corning and going. Mr. Rives said he planned to put in a business for his wife who does bookkeeping work for various businesses. She would pick up the books and it would not necessitate anyone corning to the building. ~ o o Mr. Mackie asked if people would be coming and going from the business to drop off their work and Mr. Rives said she would be going and getting it and bringing it back to the office to work on. There would not be any heavy traffic for this business. Mr. Mackie said these are two businesses cornering a state highway and you cannot back out onto a highway. Chairman Benningotn asked about the parking a~ea for the display area, there are some trees on the property that are dead and he asked Mr. Rives what kind of trees he intended to plant on this property. Mr. Rives said he would plant whatever trees are in compliance with the Tree and Landscape Ordinance and approved by the Building Official. He went on to say the trees are marked clearly along the northwest corner that will remain. There are also trees behind the building on the east side. Chairman Bennington questioned the cyprus fence that abutts the neighboring property. Mr. Rives said it runs all the way across and abutts the northeast corner and will be parallel with the east-west boundary line. Mr. Rives asked if the parking area were arranged in such a manner that they did not have to back out onto Connecticut if that would be OK. Chairman Bennington said that he would then be in compliance with the Code. Mr. Rives said he could run the parking lot area in front of the area that would be 55' across the front, running from the east property line to the west corner of the existing structure. Mr. Rives drew the proposed parking on the blackboard for the members to see, describing the dimensions and lay-out of how it could be arranged. He said there is 23' from the front of the building to the property line. Chairman Bennington said the Code states for B3 that the first 10' from the front property line shall not be used for off-street parking, and shall be used for landscaping, therefore, he said Mr. Rives does not have enough room to put the parking spaces in like that. There is only room for two spaces. Chairman Bennington noted that the City Engineer has approved the storm- water calculations. Mr. Mackie asked if Mr. Rives would be getting rid shed attached to the house. Mr. Rives said, yes. the office building would have only one restroom. pat in whatever is required. of the carport and Mr. Wheeler asked if Mr. Rives said he would Mr. Rives asked the Board if he could.have the plan show the parking arranged in the front so that it does not back onto Connecticut Avenue, could he then get a final approval from the Board. Chairman Bennington said it is a Permitted Use, the Engineer says it is OK, if all other criteria of the Code is met it would be an approvable plan. He said it would also be up to the Board to determine whether the parking should be paved or not. Mr. Rives said that Mr. Alvarez determined that the Building Official should determine if the parking surface is adequate and Mr. Fischer said it was OK. Chairman Bennington said the Board can put whatever rest- rictions they see fit on any site plan, according to the Code. Mr. Rives asked if they could do that over and above what Mr. Alvarez says and Chair- man Bennington said the Code states nowhere that the City Attorney is to review site plans. A discussion then ensued concerning the June 5th meeting wherein the Board asked Mr'. Alvarez for an opinion of the terms "permanently hard surfaced" parking area and his response was that this was to be handled by the Administration on a day-to-day basis. Chairman Bennington told Mr. Rives if he could arrange the site plan so that it meets all the requirements of the Code, it would then be an approvable site plan. Mr. Rives explained that he has been involved in this project a long time, he is in breach of contract concerning this property, which puts him in a legal situation because of the delay he is having with the City. He said he has been trying to work it out, it is his livelihood, he has no income at the present time, he wants to work it out so he can comply and open up his business. Chairman Bennington said he understands his problem, however, the Board is only to determine whether or not the site plan meets the Code requirements and if it does, he will get final approval and can proceed. Mr. Rives asked if the Board is denying him approval of the site plan the way it is presently drawn. Mr. Poland said the drawing does not comply -2- Planning & Zoning Board Spec. Mtg. June 11, 1985 .. o o because of backing out onto the street; there is not enough property in the front for landscaping, as required by the Code. Mr. Rives said that he is being told he cannot do what everyone else on U.S. 1 is doing. Chair- man Bennington then read from the Code concerning backing out onto a high- way. He said there are too many people already in violation of the Code and the Board is trying to eliminate these violations. He suggested Mr. Rives redraw his site plan and the Board hold another Special Meeting on June 18th to review the plan again. Mr. Mackie made a motion that this site plan does not meet the Code re- quirements concerning parking, and that Mr. Rives submit a new site plan and the Board will hear same on June 18th. Mr. Wheeler seconded the motion. Motion CARRIED 5-1. Mr. Finn voted NO. Mr. Wheeler asked the Building Official, Dennis Fischer, about the business on U.S. 1 next to Jose's Pizza operating as a landscaping business and why they did not come before "the Board before they opened. Mr. Fischer said they did not need a permit, they are not using the house on the property and they put up a fence to buffer the residences. He added that these people were given an Occupational License to operate this business in this location. Chairman Bennington asked Mr. Fischer if there is a reason why the cond- itions imposed by this Board are not being imposed in the field. He gave for example the building built by Paul Loeffler on Park Avenue - there are junk cars in the swales in the back of the property. Mr. Fischer said he had been by there and the dam area has erroded and the retention area now is oozing back into the ditch area. Chairman Bennington asked if it was a Permitted Use to store all those junk cars there. Mr. Fischer said it is zoned II and auto repair and body shops are listed as Permitted Uses. He said he thought you could use your retention area for parking, it is not normally done. Chairman Bennington said they came before the Board with the first phase and it was approved and when they came back with the second phase, they were told they had to comply with the site plan approved for the first phase. He said this problem is everywhere. BJ Florist, Fat Bob's, the Board keeps saying it i~ not done, whYj"isn't it being done. Ca~a El Toro still has the same problems, they have never straightened it out. Mr. Fischer advised that the problem is the amount of time going back to these places of business. He has a tremendous amount of workload and he does not have sufficient staff to check these problems out. Chairman Bennington said one of the problems concerning shell parking 1S that people bring in their site plan which shows everything needed to meet the Code requirements. After they finish construction, some times the plan no way even resembles the site plan that the Board approved. The problem with the people in Edgewater is they say OK with whatever the Board asks of them and then they do whatever they want because they know there is no one to check out the situation or enforce the Code. He added that he believes the Building Department is bringing money into the City and he agrees the department needs more employees. There being no further business to come before the Board, upon motion by Mr. Wheeler to adjourn, seconded by Mr. Finn, the meeting was adjourned at 11:05 A.M. '\ Minutes submitted by: Susan Mista - 3- Planning & Zoning Board Spec. Mtg. June 11, 1985