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10-16-1985 ~ u ~ CITY OF EDGEWATER PLANNING AND ZONING BOARD REGULAR MEETING OCTOBER 16, 1985 Minutes Chairman Don Bennington called the Regular Meeting to order at 7:00 P.M., in the Community Center Building. ROLL CALL Members present: Messrs. Jake Wheeler, Fred Finn, Paul Loeffler and Don Bennington. Excused: Messrs. Jim Mackie and James Poland. Mr. George Quaggin was absent. Also present: Susan Butler, secretary, Arlene Coverdale, Fulton Realty, James Stewart and Mike Gaffey, Daytona Beach News Journal. APPROVAL OF THE MINUTES Mr. Wheeler made a motion to approve the minutes of the September 18, 1985, Regular Meeting, seconded by Mr. Finn. Motion CARRIED 4-0. Referring to the minutes of the September 24, 1985, Special Meeting on Page 3, Chairman Bennington questioned the Board members if it was true or false that the Board agreed that in B-2 and B-3, the sale of gas at a convenience food store should be requested as a special exception, or did the Board agree that it should be requested as a special exception in B-2 only? Mr. Wheeler said that he thought they said in B-2 only. The Board had a discussion about the sale of gas as a permitted use in B-3. Mr. Wheeler made a motion to approve the minutes of the September 24, 1985, Special Meeting, seconded by Mr. Loeffler. Motion CARRIED 4-0. The Board decided to carryover the Approval of the Minutes for the October 3, 1985, Regular Meeting, until the next meeting, for the reason that Mr. Finn and Chairman Bennington were not present at the meeting, which constituted a lack of a quorum. SITE PLAN APPROVAL SP-8523 - Luis C. Geil for Howard V. Yelvington - Storage Shed - 202 Mango Tree Drive. Mr: Geil was present to represent Mr. Yelvington to discuss this site plan. Chairman Bennington reported to Mr. Geil that the questionable easement on Mr. Yelvington's site plan, is a road of record, per a telephone conversation between Mrs. Martinez, City Clerk, and Attorney Alvarez, City Attorney. Mr. Geil responded that he and Mr. Yelvington understood that it was only an easement on the property of Hanson & McCallister, Inc. Mr. Geil said that if the City Attorney makes that decision, then that is it. Chairman Bennington stated the site plan complied with all zoning requirements, except the question of the setback. Mr. Geil asked the Board if the site plan could get approval, contingent upon the setback being a minimum of twenty-five feet. After reviewing the site plan and a brief discussion, the Board agreed that moving the shed back twenty-five feet would be acceptable. Mr. Wheeler made a motion to accept, providing the shed is moved back twenty-five feet. Mr. Loeffler seconded the motion. Motion CARRIED 4-0. Mr. Geil questioned the Board if Mr. Yelvington decided to leave the shed at the twelve foot setback, would he have to appeal at the Board of Adjustment. Mr. Wheeler asked Mr. Geil if Mr. Yelvington had started building the shed without a permit, to which Mr. Geil replied yes. Mr. Geil thanked the Board. u u ,j SP-8526 - Ross Kotakes - Auto Detailing - 118 North Ridgewood Avenue. Mr. Kotakes was present to discuss this site plan. Mr. Wheeler told Mr. Kotakes that he had his sign up before his permit. Mr. Kotakes responded yes and informed the Board he was going to open soon. Mr. Wheeler asked Mr. Kotakes what was he going to do if he didn't get his permit, to which he replied that he would manage to do something. Chairman Bennington asked Mr. Kotakes what kind of chemicals would he be using to clean the engines and would these chemicals go into the sewer system. Mr. Kotakes answered that the site plan called for drainage blocks, so that nothing would go into the City sewers. Mr. Kotakes further explained that the fluid from the drainage blocks would go into a drainage field on his property. Mr. Kotakes stated that, per engineering calculations, there would be eighteen inches of rock on the bottom and top of the drain field. Mr. Kotakes stated that his engineer had spoken to Edgewater's City Engineer and he verbally approved his engineer's plans. Chairman Bennington stated that the Board could not approve by verbal approval; that is, it would have to be written approval from the City engineer. Mr. Loeffler asked Mr. Kotakes what was the building going to be used for. Mr. Kotakes stated that the entire building was going to be used as an office. Mr. Kotakes said he has owned the building since 1970. The Board and Mr. Kotakes had a brief discussion about his business being a car detailing business, which operates by appointments to the public and dealers. Chairman Bennington stated that Mr. Kotakes would need public restrooms. Mr. Kotakes stated that he had four private restrooms and it was not his intent that the public use them, except for emergency. Mr. Kotakes voiced that he wanted approval to put the two canopies on his property, even if he didn't get approval for an occupational license. Mr. Wheeler made a motion to accept the site plan, subject to engineering approval and fire code requirements, also approval of COZ-85-35 Certificate of Zoning request. Mr. Loeffler seconded the motion. Motion CARRIED 4-0. CERTIFICATE OF ZONING REQUEST COZ-85-29 - Frank Steve Elliott - Retail Merchandise - 2050 W. Park Avenue - 1-1. Mr. Elliott was present to discuss this request. Mr. Finn questioned Mr. Elliott if he was going to sell appliances, such as stoves and refrigerators. Mr. Elliott replied that he didn't like to sell appliances, that he preferred to sell furniture, dishes and pots and pans. The Board viewed the plot plan and the survey and seeing no problems, agreed that Mr. Elliott's business did comply with zoning requirements. Mr. Loeffler made the motion to accept, Mr. Wheeler seconded. Motion CARRIED 4-0. COZ-85-31 - Dupont Instruments Corporation - Manufacturing - 702 E. West Park Avenue - 1-1. Chairman Bennington explained that Mrs. Dale Beatty had telephone him and asked that this request be reviewed without her presence, because she was given the wrong date of the meeting and showed up to no meeting being held and went to the police station and was told the correct day, but wrong time. Chairman Bennington said Mrs. Beatty told him she had a commitment tonight and could not make the meeting. Chairman Bennington informed the Board that he told her he would ask the Board if she could be excused from the meeting. The Board agreed to review the request without her presence. -2- Planning and Zoning Board Regular Meeting October 16, 1985 ~ (.J " Chairman Bennington stated that Mrs. Beatty had only one employee, her secretary. The Board viewed the plot plan, application and that Mrs. Beatty supplied to the Board members. Board could see no problems with this request. additional information material After a brief discussion, the Mr. Wheeler made a motion to accept, Mr. Loeffler seconded. Motion CARRIED 4-0. COZ-85-34 - Ross Kotakes and Steve Kotakes - Auto Detailing - 118 N. Ridgewood Ave. - B-3. The Board approved this request, when reviewing SP-8526. COZ-85-35 - Manfred Brandner and Harold Brandner - General Office - Subcontractor Solar Water Heating - B-3. Mr. Harold Brandner was present to discuss this request. The Board studied the plot plan and determined that Mr. Brandner's business had the required parking spaces. The Board had a discussion about ingress and egress and determined that there was no problem. Mr. Wheeler made a motion to accept, Mr. Finn seconded. Motion CARRIED 4-0. COZ-85-36 - William D. Rossiter Retail Sales - 931 S. Ridgewood Avenue - B-3. Mr. Rossiter was present to discuss this request. Mr. Wheeler asked Mr. Rossiter what was he going to sell. Mr. Rossiter answered satellite dishes. Mr. Loeffler asked Mr. Rossiter if he was going to sell the satellite dishes out of his construction office, to which he replied yes. Mr. Rossiter explained that he had obtained a permit to place external displays of satellite dishes, as a selling incentive for his home construction business. Mr. Rossiter explained that he offered a free home satellite system with the purchase of his houses he builds and this evolved into customers requesting satellite dishes with home improvements. Mr. Rossiter stated that Mr. Fischer had advised him to obtain a retail sales license, if he was going to sell theml to the public. Mr. James Stewart communicated to the Board that he and several adjacent business owners at Edgewater Professional Plaza opposed Mr. Rossiter's sell of satellite dishes. Chairman Bennington asked Mr. Stewart on what grounds were they opposing. Mr. Stewart replied that the deed to the property restricts any antennas and also restricts operating two businesses in one unit. Mr. Stewart reported that Mr. Rossiter had installed a satellite dish on the roof, without a permit; at which time, adjacent business owners notifies the Building Department. Mr. Stewart stated that another problem area was the parking spaces, which averaged out to 2.3 parking spaces per unit. Mr. Stewart stated that they realized that there are some special variances, pertaining to parking, because of what happened during construction; but, they are hoping that the Planning and Zoning Board takes into consideration a possible major parking problem, if everybody tries to operate two businesses. He continued by saying that if the rest of the units were sold, parking would have to be provided for them. Mr. Stewart provided photos, that were taken on random days during the week, of the parking situation and photos of satellite dishes that have been mounted. Mr. Stewart stated that Mr. Rossiter was running an ad in the paper, with absolutely no license to operate. Mr. Stewart showed the Board a photo of a second sign advertising satellite dishes; that, after a thirty day warning from the Building Department, was removed and approximately, three weeks later a new sign went up in the parking lot. -3- Planning and Zoning Board Regular Meeting October 16, 1985 u <.J ,. Mr. Rossiter remarked that the intermediate activity, that Mr. Stewart was talking about, led to Mr. Fischer advising him to go ahead and get a retail sales license to end this problem. Chairman Bennington stated that Mrs. Susan Wadsworth was keeping track of the parking spaces available, by marking off the parking spaces of each business granted a license. Chairman Bennington said that eventually Edgewater Profes- sional Plaza was going to get to the point where the last three or four units would not have parking. Chairman Bennington related that City Attorney Jose' Alvarez had stated that if the tenant has a parking problem and the City can not give him a license, then he has a problem with the owner. Chairman Bennington said the plaza was granted a variance to shorten parking spaces and it was not all the builder's fault. Chairman Bennington stated that as long as Mr. Rossiter's business is a legal business in that zoning, complies with the zoning and has adequate parking, then the Board has performed its function of saying yes he does comply or no he does not comply with zoning. The Board had a brief discussion about the parking situation of the plaza. Mrs. Arlene Coverdale stated that Mr. Rossiter's business is using five parking spaces every day plus a trailer. Mr. Rossiter responded by saying that the trailer would not be there every day, that he had it there to pick of a television. Mr. Stewart stated that a letter was written to Mr. Rossiter from the Plaza Association and Mr. Ed Hall, the developer, opposing the operation of the satellite dish business in that unit. Chairman Bennington read to the Board, for the record, the letter from the Edgewater Professional Plaza Owners Association, dated August 20, 1985, addressed to Mr. William D. Rossiter, 931 S. Ridgewood Avenue, Unit B-7, stating there was to be no further violations of the rules and regulations, set forth in the Declaration of Easements, Covenants and Restrictions, regarding Edgewater Professional Plaza. Chairman Bennington stated that deed restrictions and covenants are normally much more restrictive than zoning and he didn't believe the City was affected by these restrictions, when referring to zoning. ~ Chairman Bennington suggested that the Board table this request and in~~te- -ic ~ City AttorJl:y /-!.,ose' Al,varez to makc 8UFe Cye.rythi~S l~ tl/n.auri!/V~ f/J~ / ~ ~ Itm6l ,~~ ~;pa~?(ff (771/.~ /1}1P.J ~ Uv .~ ~ k~. Mr. Rossiter stated that he was not aware of the letter from the Association until it was read by Chairman Bennington and he was agreeable to table his request, so that he could discuss with the Association their objections. Mr. Wheeler made a motion to table this request until the next meeting, pending City Attorney Jose' Alvarez's presence and advise, concerning whether or not the City zoning is affected by deed covenants and restrictions, also the parking status, in regards to the variance. Mr. Loeffler seconded the motion. Motion CARRIED 4-0. Mr. Rossiter stated that he has a license to manufacture the satellite dishes in Florida Shores on Guava and 26th Street, in the warehouse section by the railroad, and asked if it would please the Board, and it is zoned properly, if he just changed the address to there. Mr. Wheeler specified that Mr. Rossiter would have to bring plans on the new address before the Board at the next meeting. Mr. Rossiter asked Mr. Stewart and Mrs. Coverdale if moving his satellite business to Guava and 26th Street would make them happy, to which they all replied yes. Chairman Bennington questioned if two businesses were in the same unit, does it double the parking requirements. -4- Planning and Zoning Board Regular Meeting October 16, 1985 ~ ~ OLD BUSINESS Review For Approval The Permitted Uses In The Following Zones: B-2, B-3, B-5, 1-1 and 1-2. Chairman Bennington asked the Board members if they were satisfied with the recommendations on permitted uses to send to the Council. Chairman Bennington stated that his only question was on the B-2 versus B-3, that was corrected to read the sale of gas at a convenience food store should be requested as a special exception in B-2 only, and as a permitted use in B-3. Mr. Wheeler made a motion to approve, as written in the minutes of the Special Meeting on September 24, 1985. Mr. Loeffler seconded the motion. Motion CARRIED 4-0. Definition Of A Convenience Food Store. Chairman Bennington said he looked up the definition of convenience store in the dictionary and it said a convenient place to go. Chairman Bennington said that he felt that the term, itself, was almost a definition and the Board agreed with him. Chairman Bennington specified that under the permitted uses, in the sale of gasoline at a convenience food store, complying with the requirements of Section 713 should be included. MISCELLANEOUS Chairman Bennington suggested that the Planning and Zoning Board meetings be held on the first and third Thursday of the month, at 9:00 A.M. Mr. Wheeler made the motion to hold the Planning and Zoning Board meetings on the first and third Thursday of the month, at 9:00 A.M., Mr. Loeffler seconded. Motion CARRIED 4-0. ADJOURN Mr. Wheeler made a motion to adjourn, at 8:00 P.M., Mr. Loeffler seconded. Minutes prepared by: Susan Butler -5- Planning and Zoning Regular Meeting October 16, 1985