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11-18-1982 Special ~ u o ~ CITY OF EDGEWATER Board of Adjustment Special Meeting November 18, 1982, 6:00 p.m. Minutes The Chairman called the meeting to .order at 6:10 p.m. ln 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 OLD BUSINESS Harold G. Brown - Application for a Special Exception to permit a 24-unit a artment develo ment constructed as R-4 usa e in a B-3 Zone, to be located at 1207 S. Ridgewood Ave. N.E. corner of U. S. 1 and Magnolia Avenue.) The minutes of the November 11, 1982 meeting relating to the Harold Brown application for Special Exception were read into the records by the Board Secretary. A letter submitted by Mr. Carl Groepler, the representative from the immediate community, expressing the opposition to the development by the residents, was also read into the records by the secretary. Mr. Joseph Turco also submitted a letter to the Board opposlng the project. Mr. Millard read the oath taken by each member of the Board, and explained that individual rights are guaranteed to be protected from abuse. Mr. Millard suggested that each member of the Board express their views on the project and put their questions to Mr. Wallace. Mr. Newell questioned the lack of comments from the City Engineers. Mr. Roush wondered how the property owner.planned to solve the water run-off problems if the project did not go through. The owner could build any type B-3 business there. Mr. Wetzel was concerned about the traffic congestion and water run-off. He felt there should be storm sewers in the area. Mr. Garthwaite opposed putting multi-family ln a business district; he felt the City was losing its business district. If the project goes through there would be a problem with the sewage. He felt a heavy rain would wash all the shell out into Neptune. Mr. Butt had the same questions as to how the builder would handle the rainwater, the shell roads and the traffic. Mrs. Martin felt there were problems with the water and sewer, traffic and lights. She noted that a business would be operating from 9 to 5; in an apartment development the people would be there 24 hours a day, creating a lot more traffic. Mr. Millard noted that the project is still in the preliminary stage. Mrs. Taylor read the Fire Department comments, which suggested at least two fire hydrants should be on the premises, two stand pipes per each building, and an exit and entrance off U. S. 1. Mr. Wallace pointed out that this project is one of the few in the area which has a road-street system which isolates the parcel. By improving the parcel in this fashion, the water treatment can be satisfactorily answered. The siamese connections on the buildings have been adopted by the Standard Safety Building Code. These will be shown on the final plan, and l ~. o o ~ r. Board of Adjustment Special Meeting, November 18, 1982 Page 2 will be presented to the City Engineers. He noted that they have a 25' setback from the adjacent property owners; the code requires 10'. They have a 25' buffer off of Neptune Drive. They intend to utilize a screen buffer. There is a dead-end street, which eliminates thru traffic and excessive speed. Their buildings will use only 17% of the land, therefore providing greater green area, and two parking spaces per unit. He noted that in a controlled area such as planned, there would be no reason for anyone to travel over 10 miles per hour, so dust from the shell roads would be eliminated. Re. paving the drive-through areas, this could be done using trench drains to handle the water run-off. The ground water can be taken care of with good engineering. Mr. Wallace presented a plan utilizing the land under permitted B-3 usage. He noted that most of the area would be paved, with an increased land usage and little green area. Mr. Millard asked Mr. Wallace who would guarantee that the plans would be complied with. Mr. Wallace said that when they go for final site plan approval they must comply with the Ordinances; this is approved by the Planning Commission. At this time a building permit is issued. The project is built in five stages and after each stage it is checked by the Building Official for compliance. Referring to water drainage, the screen buffer will be built first and at that time there will be a ground retention to hold the water on the property. Mr. Wallace agreed that a retention swale could be built along the existing Brown's Air Conditioning establishment to reduce the run-off. Mr. Wallace said that Mr. Brown intended to keep ownership of the apartments. Mr. Millard raised the idea of a preliminary approval. Mr. Charles Klein, an abutting property owner, objected to the fact that Mr. Brown was not at the meeting to answer their questions and he left the hearing. A lady in the audience said that with all the traffic generated by this project on this circle or dead-end street, not even a "Garden of Eden" could be justified. Mr. Millard said he personally felt that the conditions the Board would be able to attach to the approval would eliminate the problems Faised at the hearing. The Board voted 6-1 ~o DENY approval of the Special Exception request of Harold G. Brown to construct a 24-unit apartment complex as R-4 usage ln a B-3 zone. Mr. Millard voted YES to the proposal. MISCELLANEOUS David D. Clark - Application for Horne Occupational License - HO-12-82 Mr. Clark was sworn in. He explained that his request was for use of his home phone at 3423 Victory Palm Drive. His business is the sale and installation of fire alarms. He would have no sign on his car and the fire alarms would be stored in his car. The application of David D. Clark for a Horne Occupational License was UNANU10USL Y approved by the Board. Mr. Millard brought up the problem of reviewing Horne Occupational Licenses, and suggested that a Committee of two consisting of Mr. Wetzel and Mr. Roush review the applications in the presence of the Secretary and approve or reject the applications; if they had any questions or problems theycould then bring the application before a full board for review. Mr. Wetzel was appointed in charge of the Committee and Mr. Roush his alternate, if he could not do it. The Board UNANIMOUSLY agreed to appoint Mr. Wetzel to review Horne Occupational Licenses and Mr. Roush as an alternate, providing this meets with the City Attorney's approval. ~ o o '" Mr. Millard said that a gentleman was interested in buying a used car business which had been in operation in the City for over five years. He wanted to know if he need corne to the City again for a Special Exception. The Board UNANIMOUSLY agreed that he did not have to apply for a Special Exception. Mr. Millard said he has cancelled the meeting for December; the Board will meet again on January 13, 1983. Mr. Millard said that the Council had reappointed Mr. Roush, Mrs. Martin and Mr. Butt to the Board. ''I The meeting was adjourned at 8 p.m. Minutes submitted by Joan Taylor Board Secretary Date: /1 ~ ?- J.-'1.l- J I r d 3/f--/ //-27..- 'is'1-- Jimmie Newell Everett Wetzel Cecil Rouse Robert Garthwaite Board of Adjustment Special Meeting, November 18, 1982 Page 3