02-11-1982
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CITY OF EDGEWATER
Board of Adjustment Public Hearing
and Regular Meeting
February 11, 1982
Continuation of Public Hearing of 1/21/82
Chairman Millard called the. continuation of 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. Butt, Newell, Wetzel, Roush,
Mrs. Martin, Mrs. Walker. Also present: Mr. Earl Wallace, Mrs. Debbie
Winks, Secretary.
The Board took up the question of the application from Don Testa requesting a
Special Exception to allow a multi-family unit to be built in a townhouse
and garden type arrangement in the B-3 zoning district at u.S. 1 and Thomas.
Chairman Millard noted for the record that a letter was received from Mr.
Donald Testa, authorizing Mr. Earl Wallace to represent him. Mr. Wallace
was placed under oath by Chairman Millard. Section 903.00, Granting
Special Exceptions was read by the Chairman, and Items a - d were discussed.
The Department Head Review was discussed. Mr. Wallace commented that all
items have been taken care of. Sewer is not available at this time, so a
septic system will be used; there will be easy access for the Public Works
to pick up garbage; a standpipe is planned as the Fire Department requested;
and drainage and water retention will be taken care of with a swale along
D.S. 1. Chairman Millard expressed a concern as to emergency vehicles
getting to the Buildings.
There was considerable discussion to establish a principle as to where the
actual building line is. The Board asked: Does property on U.S. 1 have
to comply with the Zoning restrictions based on the u.S. 1 right of way?
Upon roll call, the vote was YES 7-0.
There was a discussion whether to allow a condition to the Special Exception
to have the set-back from U.S. 1 at 30' and the rear yard to be 20'. Mr.
Wallace stated that this would affect the absorption on the east side and
the retention of the sanitation at that point. Also, there was discussion
as to paving 4th Street by the developer.
The Board voted on granting a Special Exception for townhouse development
R-4 within the B-3 district providing the following conditions are met:
(1) Move the building line back from U.S. 1 at least 30'; (2) The East
building line shall be no closer than 20' from the property line; (3) The
developer, through his representative, agrees to pave the existing 4th St.,
in coordination with the Edgewater Street Department requirements. Before
the vote, there was discussion on the storage of tenants' belongings in the
back yard, which would be facing U.S. 1 for everyone to see. Mr. Wallace
stated there is a storage area planned under staircases and didn't feel
this would be a problem, as the governing body of these type of condos is
usually very strict. Upon roll call the vote CARRIED 7-0.
Chairman Millard closed the Public Hearing at 8:35 PM.
Regular Meeting
APPROVAL OF MINUTES
There were no objections or corrections to the minutes of 1/21/82. Minutes
were adopted.
OLD BUSINESS
Pertaining to Mr. Ogden's special exception, the secretary noted that Mr.
Murphy said Mr. Ogden is waiting to be told where to plant the buffer. It
was believed that Mr. Murphy was supposed to guide him in planting the
buffer.
NEW BUSINESS
There was a discussion on recommended changes to Ordinance No. 81-0-36.
It was felt that the following should be changed. SECTION 1. Dimensional
Requirements: (1) Yard" requirements: Front yard: Multi-family dwellings
shall be located no closer than forty (40) feet from the principal street
or highway. For purposes of this ordinance, the front yard of a project
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shall be considered as facing the principal street or highway, regardless
of other designation on project site plan or sales literature.
Side yard: Multi-family... exceed forty-five (45) feet. Side lot on
corner street shall be no closer than 30 feet from street right of way,
which shall include a minimum 5 foot planted buffer or green area.
SECTION 3. That all Ordinances ... hereby repealed, except that nothing
herein shall be interpreted as diminishing the set backs required in the
B-2, B-3, and B-4 Zoning Districts, when R-4 Multi-family dwellings are
permitted as Special Exceptions in such districts.
The Board voted on giving these changes to the City Attorney for his
consideration when he reviews the entire Ordinance. Upon roll call the
vote CARRIED 7-0.
The meeting was adjourned at 9:10 PM.
Minutes submitted by:
Debbie Winks
Board of Adjustment Public Hearing and Regular Meeting
February 11, 1982
Page 2
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CITY OF EDGEWATER
Board of Adjustment Public Hearing & Regular Meeting
February 11, 1982
Agenda
CALL TO ORDER/ROLL CALL
Public Hearing
PURPOSE
- The purpose of this ~ublic Hearing is
to continue the Public Hearing of 1/21/82
re: Donald P. Testa requesting a special
exception to allow a multi-family unit to be
built in a townhouse and garden type arrange-
ment in the B-3 zoning district at U.S. 1 and
Thomas Street.
Donald P. Testa Variance Request & Plan
Letter from Ken Millard dated 1/26/82
Department Head Review, 12/14/81, SP-I0l
Ordinance No. 81-0-36
BOARD DISCUSSION/DECISION
RECESS/ADJOURN
Regular Meeting
APPROVAL OF MINUTES - January 21, 1982 Public Hearing and
Regular Meeting
OLD BUSINESS
- Ogden Special Exception
Letter from Ken Millard to Charlie Murphy
Dated 1/25/82
Letter from Charlie Murphy to Mr. Ogden
Dated 1/27/82
NEW BUSINESS
- Suggested changed to Ordinance No. 81-0-36
ADJOURN