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01-21-1982 ....,.- ------ - Q Q CITY OF EDGEWATER Board of Adjustment Public Hearing and Regular Meeting January 21, 1982 Chairman Millard called the Public Hearing of the Board of Adjustment to order at 7:02 PM in the Edgewater Community Center. ROLL CALL Members present: Chairman Millard, Messrs. Roush, Butt, Newell, Wetzel, Mrs. Martin, Mrs. Walker. Also present: Mrs. Doris Massey, Mr. Don Testa, Mrs. Nancy Blazi, Mrs. Debbie Winks, Secretary CASE NO. 1 Mrs. Massey is requesting an appeal of an alleged error of the enforcement official or governing body; and a request for interpretation of the offi- cial zoning map. Mrs. Massey was placed under oath by Chairman Millard. The secretary confirmed that the property was posted, the legal ad and certified letters were mailed to abutting property owners. Chairman Millard explained the purpose of the Board, which is to listen to the applicant and weigh the rights of the applicant with the rights of the community. Mrs. Massey gave a brief history of the alleged error which was compounded through the years, and she explained she would like this corrected to the zoning of 1-1 which was adopted in Ordinance No. 983. When the adjoining property was zoned PID, part of her property was included, which was an error. The information supplied about the correct zoning classification of her property shown by various exhibits, papers, documents and copies of ordinances is correct, and the Board finds that the error, as alleged, did occur and directs the administrative staff of the Planning Department to correct and update all relevant documents and maps. Upon roll call the above CARRIED 7-0. CASE NO. 2 Mr. Testa is requesting a special exception to allow a multi-family unit to be built in B-3 zoning. Mr. Testa was placed under oath by Chairman Millard. The secretary confirmed that the property was posted, the legal ad and certified letters were mailed to abutting property owners. The property in question was pointed out on the map. Mr. Testa explained that he had Final Site Plan approval from the Zoning and Planning Board and was turned over to this Board for a special exception. Chairman Millard questioned the distance from US 1 to the front of the building. Mr. Testa explained that the distance from US 1 to the back of the building was approximately 28 feet. A discussion followed as to which was the front and back yard. Chairman Millard noted that the distance from US 1 to the building (regardless of back or front) was only 28 feet. Ordinance No. 81-0-36 states that the front yard set back is 40 feet. Chairman Millard said he was convinced that any legal advisor would concur that you could not get around the set back law by turning the building around, and it is clearly established there is no doubt that footage should be counted from US 1, the major artery, no matter whether you call it the front or back yard. It was noted that a variance was not granted from the zoning and Planning Board for this set back and the distance was not questioned at all. Chairman Millard suggested that the Board of Adjustment grant the special exception, with the condition that Mr. Testa go back to the Zoning and Planning Board and get a specific variance for the set back. Mr. Testa stated that he already had Final Site Plan approval from them and they should have picked this up. Board members questioned whether all departments were checked, such as water, sewer, etc. They would like to see an approval from all such departments. Mr. Testa stated regarding sewer, he was given an option, he could use sewer if available, or the option of septic tanks subject ~ Q to a perc test by the County Health Department. Mrs. Martin's concern was that she didn't want to see an existing problem compounded regarding the sewer back up which takes place on Riverside. Chairman Millard stated he is willing to go along with the variance for this set back if the Chairman of the Zoning and Planning Board will con- firm that it was their intention and if it meets all other requirements of the comprehensive plan. It was suggested that in the future the Depart- ment Head Review sheet be sent to the Chairman of the Board of Adjustments. Chairman Millard realizes that it has been approved by the Zoning and Planning Board, but there are questions which have not been specifically answered. Chairman Millard suggested that this case be discussed at a meeting with Mr. Wallace, Mrs. Blazi, Mrs. Winks, and Mr. Henderson to clear up this problem and clarify it. Chairman Millard declared, and the Board members agreed, that this case be recessed until the next regular meeting, at which time all necessary information could be gathered and the Board could make a decision. Chairman Millard called for a short recess. REGULAR MEETING APPROVAL OF MINUTES There were no objections or corrections to the minutes of 11/12/81. Minutes were adopted. OTHER BUSINESS Mr. Ogden's special exception to conduct a transmission business at 1947 W. Park Ave was discussed. The Board gave him approval, with two condi- tions at the 11/12/81 meeting. The first condition was that he plant a buffer zone in front of the entire business. Chairman Millard noted that as of this date it had not been done. The Board will write a complaint to Charlie Murphy that this has not been done, and if it is not complied with this approval will be withdrawn. The meeting was adjourned at 8:40 PM. Minutes submitted by: Debbie Winks Board of Adjustment Public Hearing/Regular Meeting 1/21/82