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11-07-1985 # ~ u ~ CITY OF EDGEWATER PLANNING AND ZONING BOARD REGULAR MEETING NOVEMBER 07, 1985 MINUTES Chairman Don Bennington called the regular meeting to order at 9:00 A.M. in the Community Center. ROLL CALL Members present: Messrs. Jim Mackie, Fred Finn, Jake Wheeler and Don Bennington. Excused: Messrs. George Quaggin and James Poland. Mr. Paul Loeffler was absent. Also present: Susan Butler, secretary, James Stewart, Mike Gaffey, Daytona Beach News Journal and William H. Cichewicz. APPROVAL OF THE MINUTES Mr. Wheeler made a motion to table the minutes of the October 3, 1985, regular meeting, due to a lack of quorum of members who were present at that meeting. Mr. Mackie seconded the motion. Motion CARRIED 4-0. A motion was made by Mr. Wheeler to table the minutes of the October 16, 1985 meeting due to a lack of quorum of members who had attended that meeting. Chairman Bennington called the Board's attention to an error in the minutes on page four (4). Mr. Bennington referred to the paragraph that stated "Chairman Bennington suggested that the Board table this request and invite City Attorney Jose' Alvarez to make sure everything is legal". He stated it should read "Chairman Bennington suggested that the Board table this request and ask City Attorney, Jose' Alvarez to answer two questions on deed restrictions and figuring the parking on more than one business in the same location". Mr. Mackie seconded the motion. Motion CARRIED 4-0. There were no SITE PLAN reviews. COZ 85-36 WILLIAM ROSSITER - 931 SOUTH RIDGEWOOD - RETAIL SALES B-3 Chairman Bennington asked Mr. Rossiter if he is planning on staying on U.S. 1 or moving to the other location. Mr. Rossiter replied that he would like to drop the Bar-Tec from the application and get a retail license for 931 South Ridgewood. Chairman Bennington stated that the answer has not come yet as to parking. He went on to say deed restrictions don't concern us. Mr. Stewart presented the Board with a letter from Judson Woods, representing Mr. Hall, the owner and developer of Edgewater Professional Plaza. The letter stated the issuance of this license would be a clear violation of the declaration of easement conditions and restrictions regarding covenants of the Professional Plaza which were filed with the Circuit Court. The letter went on to state if the Board approves the license, Mr. Hall will file suit against the City of Edgewater for the City's intentional interference with the covenants that govern the use of the Edgewater Professional Plaza. Mr. Wheeler made a motion to table COZ 85-36 until we hear from our attorney. Mr. Mackie seconded the motion. Motion CARRIED 4-0. COZ 85-37 NORMAN NETTLES AND JANICE NETTLES - 1840 S. RIDGEWOOD - RETAIL SHOE STORE B-5 Mr. Wheeler stated the location is in Florida Shores Shopping Center. Mr. Wheeler made a motion to accept the COZ 85-37. Mr. Finn seconded the motion. Motion CARRIED 4-0. COZ 85-38 WILLIAM APOSTLES, LAUREL JOY CRUZ - 109 S. RIDGEWOOD - WHOLESALE SALES B-3 Mr. William Cichewicz, who rents property to these people, explained he would like to present an application for another business. He was asked to wait until the end of the meeting. It was stated that no customers come into the store that it is wholesale storage only and just a pick up spot. Parking was discussed. Mr. Cichewicz brought to the Boards attention that in April the City Attorney stated their business was grandfathered in. Mr. Cichewicz stated he would rent them parking and does not see any problem with it. A motion was made by Mr. Wheeler to accept the COZ, seconded by Mr. Finn. Motion CARRIED 4-0. u ~ COZ 85-49 WILLIAM H. WHITE 2325 S. RIDGEWOOD - PROFESSIONAL B-5 The Board reviewed the COZ and Mr. Mackie made a motion to accept it. Mr. Wheeler seconded the motion. Motion CARRIED 4-0. COZ 85-40 DENNIS W. PAGEAU - 1019~ S. RIDGEWOOD AVE. - ALUMINUM CONTRACTOR B-3 It was stated that no customers will be coming into the office. He will go out for the contractors. Will pick up supplies and take to the job. Mr. Mackie made a motion to approve the COZ. Mr. Wheeler seconded the motion. CARRIED 4-0. It was stated to send a memo to Connie Martinez, City Clerk, telling her the applications are not filled out right and please see that they are. COZ 85-41 ROY JEFFRIES, 111 N. RIDGEWOOD AVE. - FLORIST B-3 There being no parking problems, Mr. Wheeler made a motion to accept the COZ. Motion seconded by Mr. Finn.and CARRIED 4-0. COZ 85-42 LEM JOHNSTON/JEFF BECKER 201 S. RIDGEWOOD - WHOLESALE/RETAIL SALES CERAMIC TILES B-3 The application was examined by the Board. A motion was made by Mr. Wheeler to accept and Mr. Mackie seconded. Motion CARRIED 4-0. COZ 85-43 ALFRED A. DECUBELLIS 333 N. RIDGEWOOD - USED CAR SALES B-3 Chairman Bennington informed Mr. DeCubellis of the Council action in changing the permitted use in B-2 zoning to permit used car sales. Mr. Mackie made a motion to approve the COZ. Mr. Wheeler seconded the motion. Motion CARRIED 4-0. COZ 85-44 JAMES LEE CONLEY 2315 GUAVA DRIVE - AUTO PAINT AND BODY SHOP B-2 The Board reviewed the application. Mr. Wheeler made a motion to approve, seconded by Mr. Mackie. Motion CARRIED 4-0. OLD BUSINESS A memo from Connie Martinez, City Clerk, in reference to the house numbering project was read. The Board was not clear as to what was needed from them regarding this subject. After discussion, a motion was made by Mr. Wheeler to table until further information was available. Motion seconded by Mr. Finn. CARRIED 4-0. NEW BUSINESS A memo from Dennis. Fischer, Building Official, in regards to Sign Ordinance 79-0-25 was read. Mr. Fischer said after reviewing the sign ordinance, he could find no minimum setback requirement from adjoining property lines, front, side or rear. The sign ordinances were discussed. It was decided the biggest problem was no setbacks, distance between signs and banners, pennants, etc. If we do away with this statement"except as provided herein" that will do away with the banner signs. The Board agreed to see what the county and New Smyrna Beach ordinances are in relation to signs. There are so may resources available to the Board they said they should use them, such as the Florida League of Cities. The Board instructed that information be obtained from other Cities as to their sign ordinances. Mr. Wheeler made a motion to table until further information is obtained. The motion was seconded a~d CARRIED 4-0. DEFINITION OF SCREEN ROOM/PATIO ENCLOSURE - RELATIONSHIP TO SETBACKS-DENNIS FISCHER Mr. Bennington read a letter from Dennis Fischer, Building Official, in regards to a definition for screen room/patio enclosure in relation to setbacks. The Board discussed the subject at length. It was stated that a patio is a roofless court yard space for recreation, usually paved and joins a residence. A screen room is usually a patio that has been covered by a roof and screened in. A florida room is a patio covered by a roof with permanent fixed windows of glass or plastic. -2- Planning and Zoning Board meeting November 7, 1985 ~. u u It was general consensus that covered enclosures need to fall withing normal setbacks, however, no action was taken on definitions or setbacks. MISCELLANEOUS Mr. Bennington stated the Board's request to change their meeting time had been denied. Following a discussion, Mr. Wheeler made a motion to send a letter to the City Council requesting a change in the Planning and Zoning By-Laws to read the same as Ordinance 85-0-14, Section D, in reference to meeting times. Mr. Mackie seconded the motion. CARRIED 4-0. COZ 85-45 - JOSEPH EDWARD OMILIAN - LITTLE OLD COUNTRY STORE #12 (CONVENIENCE FOOD STORE) 102 S. RIDGEWOOD B-3 The application was discussed for the COZ 85-45. Mr. Mackie made a motion to approve, seconded by Mr. Wheeler. Motion CARRIED 4-0. COZ 85-46 BRUCE A. WILHOIT - WILCO CAR CARE - AUTO DETAILING 2108 HIBISCUS B-2 Mr. Wilhoit was present to discuss this COZ. The Board discussed the zoning in relation to car care. Finding no specific wording as to zoning for car care, Mr. Mackie.made a motion to send a letter to City Council requesting a change to B-2 and B-3 zoning ordinances, changing the wording under permitted uses to include exterior and interior car care. Motion seconded by Mr. Wheeler. Motion CARRIED 4-0. Mr. Mackie made a motion to approve COZ 85-46 pending the decision of the City Council to change the wording of B-2 and B-3 permitted uses. Motion seconded by Mr. Wheeler. Motion CARRIED 4-0. There being no further business to come before the Board a motion was made and seconded to adjourn the meeting. Meeting adjourned at 11:00 A.M.. Minutes respectively submitted by Jan Morris -3- Planning and Zoning Board meeting November 7, 1985