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11-11-1982 . o o CITY OF EDGEWATER Board of Adjustments Regular Meeting Minutes November 11, 1982 The chairman called the meeting to order at 7:02 p.m. 1n the conference area of the Community Center. ROLL CALL Members present: and Mrs. Martin. the press. Messrs. Millard, Newell, Wetzel, Garthwaite, Roush, Butt Also present: Mrs. Taylor, Secretary, and one member of APPROVAL OF MINUTES The minutes of the September 9, 1982 meeting were unanimously approved as submitted. The minutes of the October 14, 1982 meeting were unanimously approved, with the stipulation that the following correction be made, concerning the Lloyd L. Van Winkle request for a variance. Delete: Mr. Garthwaite expressed concern about the corner post. Add: Mr. Garthwaite expressed concern about the lack of a corner post. OLD BUSINESS William L. Perr "travelling lig for a variance to the si n ordinance to ermit Sundance Lounge located at 515 N. Ridgewood~ Mr. Millard recalled that at the last meeting all members were asked to drive by the "Sundance Lounge" to view the subject travelling lights in operation, and this was done. Mr. Wetzel expressed the opinion that the request should be denied and the Code complied with. Mr. Garthwaite suggested that the possibility of rewiring the lights to permitithem to run steadt.~hould be investigated by an electrician. Mr. Perry said the wattage of each bulb is 24 and it is not designed to do that. The application for a variance to permit the use of the "travelling lights" at the Sundance Lounge was APPROVED 5-2, for a probationary period of 90 days, with the stipulation that he turn off the strong row of lights on the sign under the "travelling lights". If trouble develops of a significant nature the Board reserves the right to revoke the variance approval before the 90 days. At the end of the 90-day probationary period, the Board will review the case. Mr. Wetzel and Mr. Garthwaite voted No. Mr. Garthwaite felt there had not been enough investigation to see if the lights could be left on instead of running. D & A Motor Vehicle Sales Annex - Application for a Special Exception to operate a used cars and trucks sales in a B-3 Zoning District. Mr. Richard Iasimone, owner of D & A Motor Vehicle Sales, and his attorney, Mr. Judson Woods, were sworn in. Mr. Iasimone said that he had operated a used car lot in Edgewater for five years. The property at the subject site is owned by Mr. John Childers; Mr. Iasimone has a I-year lease. He explained that when he came in to City hall for a license he was advised that he did not need to make out another appli- cation as he already held a license to operate a used car lot in the City. Mr. Woods explained that his client was not aware that a Special Exception was needed. Mr. Millard read the letter from the Planning Commission advising that their Board had unanimously approved the used car lot for that location, noting that the Comprehensive Plan provided for off-street parking and landscaping. Mr. Iasimone said he planned to limit the number of cars on display to the number of off-street parking requirements. Any overflow cars would be put on his other lot further south. Most of the members agreed that the lot in question is improved in appearance ~ o u since being taken over by Mr. Iasimone. The application of D & A Motor Vehicle Sales Annex for a special exception to operate a used cars and trucks sales lot in a B-3 Zoning District was UNANIMOUSLY APPROVED with the stipulations that off-street parking spaces for customers be provided for, used car spaces to be 10' x 20', no repairs to be done on the premises and the special exception is for the duration of his present lease. 30 days prior:to th~ lease expiration the special exception will be reviewed by the Board. They noted also that the special exception applies to the applicant and not to the land. HO-8-82 - Application for Home Occupational License - Louise Armino & Linda Towsley The applicants were sworn in by the Chairman; Mrs. Armino said their business is for design and fabrication of custom draperies and they would be operating in a two-car garage. They hope to have name cards printed and would like to receive approval to use their telephone for business purposes. The Board UNANIMOUSLY approved the application for a Home Occupational License of Mrs. Armino and Mrs. Towsley. HO-9-82 - Application for Home Occupational License - Jack E. Powell Mr. Powell requested license to use his phone for business purposes. He will have cards printed but will have no advertisement on his car or truck. His is a painting and decorating business. The Board UNANIMOUSLY approved the application of Jack Powell to use his phone for business purposes. HO-lO-82 - Application of Larry M. Brown for a Home Occupational License Mr. Brown testified that he plans to run a classified advertising business and wished to use his telephone for this purpose. The number will be listed as a business. He intended to have no advertising of his business on his car or truck. The Board UNANIMOUSLY approved the application of Mr. Brown for use of his telephone. HO-11-82 - Application for Home Occupational License - Harold Covert Mr. Covert is a sub-contractor who does carpentry work and builds houses. His request is for use of his phone only. There will be no storage of material at his residence and he will not have a business name on his car or truck. The Board UNANIMOUSLY approved the application of Mr. Bvown for use of his telephone only. Michael A. Vecchi - a the ront of his house lication for a Variance to continue a roof eave on acing sout on In ian River Blvd. at 1831 Evergreen Dr. Mr. Vecchi was sworn in and explained that he was requesting a variance to continue the roof eave on his house to prevent rainwater from entering his house. The eave would extend four feet from the house and will be supported by five 8 x 8 block columns. All the members had viewed the site and agreed that it was a reasonable request. The application of Mr. Vecchi was UNANIMOUSLY approved as shown on the drawing and as testified to by Mr. Vecchio Board of Adjustments Regular Meeting Minutes, November 11, 1982 Page 2 ~ o o Harold G. Brown - Application for a Special Exception to permit a 24-unit a artment develo ment constructed as R-4 usage in a B-3 Zone, to be located at 1207 S. Ri gewoo Ave. N.E. corner 0 U.S. 1 and Magnolia Ave. Mr. Millard opened the hearing by outlining the function of the Board of Adjustments. Mr. Earl Wallace of Smyrna Drafting represented the applicant, Mr. Harold Brown, and was sworn in by the Chairman. Mr. Wallace confirmed that he was authorized to speak for the architect and the owner concerning this development. There were approximately 40 people at the meeting who were interested and concerned about the development of the apartment complex in their neighbor- hood. Their spokesman was Mr. Carl Groepler of 109 Neptune Drive, an abutting property owner. Mr. Millard asked for the feeling of the Board about hearing comments from people other than abutting property owners, and all members felt that they should be permitted to comment on the project. Mr. Millard explained that appeals from Board of Adjustment decisions must- be filed with the Circuit Court. The Chairman read the letter from the Planning Commission which advised that in their opinion the project is in compliance with the Comprehensive Plan and they had approved the Preliminary Site Plan. Mr. Wallace explained the plan and indicated that surrounding the property are retention swales to retain water run-off. He explained also that the project will meet City engineers' requirements for water retention. There will be a paved area for parking. The drives throughout the development will be shell and are graded in such a manner that the water will run to the swale areas. He indicated that approximately 40 per cent of the area will be paved. On most occasions water could be absorbed by the shell area in approximately one to two hours. The project consists of three two-story structures, 24 x 144', 24 x 108 and 24 x 180, approximately 24 ft. in height. 17 per cent of the land is covered by the building. Mr. Wallace explaned that the developer plans to screen the northeast corner with a 6 ft. evergreen screen before the project is begun. The apartments would be 2 bedroom. Each unit is 864 sq. ft. and has its own laundry room with a washer and dryer area. The plan provides for two double driveways - one coming in from Magnolia and a secondary entrance and exit on Neptune Drive. The buildings will be stucco over concrete block construction in a nature-tone color. One lady in the audience commented that the same builder had not put in a screened buffer for the air-conditioning business, as he had promised. There was concern also that the run-off from the area would not be properly absorbed by the shell and would run into Neptune Drive. Many members of the audience stated they have observed water laying in their yard and running down the street from U.S. 1 to both Neptune and Magnolia. Dirt has piled up as a result of the water running down and one man commented that water is deep enough to permit canoeing on the street. Mr. Wallace said there would be a controlled area to direct the run-off to the swale area. He said the developer could possible work with the City to allow some swale systems on each side of Neptune to take care of the street runoff, which was not the responsibility of the builder. He believed the project as designed could eliminate a great deal of the runoff from U.S. 1. The City engineers and building inspector would approve any storm water retention plan. The City Engineers must review the plan and submit their comments and recommendatio.ns before Final approval, if the special exception is approved. Board of Adjustments Regular Meeting Minutes, November 11, 1982 Page 3 'l o u Some of the comments and fears expressed by members of the audience who live in the immediate vicinity of the project are as follows: The develop- ment will depreciate their property, cause serious drainage problems, traffic congestion and danger as a result of the increased traffic on the narrow streets, create a need for additional fire and police protection, cause noise pollution by elimination of trees, be occupied primarily by transients, create dust and pollution because of the shell roads and may necessitate a traffic light at the end of Magnolia and U.S. 1. They expressed doubt that the builder would follow the recommendations of the City engineers once approval is received, and raised questions about the lack of turn-around space for fire trucks and wanted to hear the comments from the Fire Department. They felt this project did not conform. Don Bennington, a member of the Planning Commission, was asked to explain the function of the Planning Commission when a plan is presented to them. Mr. Bennington explained that their board approves the sketch plan and preliminary site plan after reviewing the department head comments and determining that the plan meets all the requirements of the Comprehensive Plan. The Final Site Plan is reviewed after the engineers have submitted their comments and recommendations, and the developer agrees to comply with these recommendations. Mr. Wallace noted that the finished floor of each building must be 16" above the crown of the road to meet Southern Building Code standards. Mrs. Martin expressed concern about the sewer system there, stating that there is an overload on the Riverside Dr. line. Mr. Wallace assured the Board that the builder would work with the engineers to solve any problems which might arise, and this will be done before final site plan approval. Mr. Garthwaite read a portion of the Comprehensive Plan and the requirements for granting a special exception. The meeting was recessed until 6 p.m., November 18, 1982. The meeting was adjourned at 9:55 p.m. Minutes submitted by Joan Taylor Board Secretary Board Approval: (Minutes of 11/11/82) ~ A C'o..u; J ~ &... /.' .-!v"J,~~: Date: n_~ ffLdfad' /f-}1--!L K~1i~ard' Chairman ./ \LdlO.f.~ G/~J/\ )/ ---;t3 --[Y Loulse ar'tin - , - !i~ /b i/-~:2.-&'). Garf~J{t - Jimmie Newell Everett Wetzel Cecil Roush Robert Garthwaite Board of Adjustments Regular Meeting Minutes, November 11, 1982 Page 4