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02-10-1983 ~:, o o CITY OF EDGEWATER Board of Adjustments Regular Meeting February 10, 1983, 7:00 p.m. Chairman Wetzel called the meeting to order at 7:00 p.m. In the Conference area of the Community Center. ROLL CALL Members pre-sent: and Mrs. Martin. the press. Messrs. Wetzel, Newell, Garthwaite, Roush, Butt, Mrs. Meeker Also present: Mrs. Taylor, Secretary, and one member of OLD BUSINESS William L. perr~ - Variance to the sIgn ordinance to permit "travelling lights", 515 N. Ridgewoo At the November 11, 1982 meeting of the Board Mr. William L. Perry was granted permission to use the "travelling lights at the "Sundance Lounge" for a proba- tionary period of 90 days. The members reviewed the case, noting that there were no adverse comments about the lights and the Police Department had re- ceived no complaints. Moved by Mr. Garthwaite and seconded by Mr. Wetzel to give final approval for the use of the travelling lights. The motion CARRIED 7-0. Mr. Wetzel suggested the Board move on to New Business to take care of the applications from Colite Industries for variances to the sign ordinance. Colite Industries - Application for a variance to the sign ordinance to permit a si n in excess of the 60 s uare feet restriction at the Winn Dixie Store an t e Eckerds Drug Store, bot in t e B-5 Sopping Center Zone. Mr. David Gantt of Colite Industries was present to explain the request, and was sworn in by the chairman. Mr. Wetzel asked if the members had read the Code as it pertains to signs, and expressed the opinion that the Board was not allowed to give permission for a sign over 60 square feet in size. Mr. Gantt said the building sets back from the highway a good football field length or more. He said that all the Winn Dixie and Eckerd signs are manufactured by them and are done at one time, to keep the cost down. Mr. Wetzel recommended tabling the matter and request Council to make a change to permit'.ithe i.larger signs, or grant the Board of Adjustments permission to grant the variances. Mr. Garthwaite said he believed that theirs was a Board to grant variances to the Zoning clause; that is what they would be doing as the Board of Adjust- ments. There was some discussion of granting the variances with the condition that it be reviewed by the City Attorney for him to determine the legality of it. Mr. Wetzel referred the members to page 278, Sec. 3-9 of the Ordinance, which states, "No variance for maximum allowable display area shall be granted." Mr. Garthwaite asked if it was not the function of the Board of Adjustments to grant changes to the ordinance. Mr. Wetzel said that they were limited to some things. Mrs. Martin suggested that this case is similar to the variance to the sign ordinance which they had just granted. The motion was made by Mr. Garthwaite, and seconded by Mr. Roush, to grant the variance for the Winn Dixie sign as requested. The motion CARRIED 7-0. Mr. Roush made the motion, seconded by Mr. Newell, to grant the variance for the Eckerds sign as requested. The motion CARRIED 7-0. Mr. Garthwaite motioned to send a letter to the Zoning Commission requesting that they look at the requirements for square footage for sign display in relation to the B-5 zone. The motion was seconded by Mr. Newell and CARRIED 7-0. Q Q Sam Hatoum/Luis Geil - Application for a Special Exception to permit con- struction of a 50-bed adult congregate living facility in an R-5 Zoning District, on Canal Drive This case was continued from the January 13 meeting for more information. Both Mr. Hatoum and Mr. Geil were sworn in by the Chairman. Mr. Geil dis- tributed copies of the site plan to the members. He noted that the entrance from Canal Street has been moved at Briley, Wild's recommendation to right across the street from the townhouse. The sewer has been directed to the existing manhole which also serves the townhouse project. Another change is that the road which connects to U. S. 1 is spelled out as being paved. The culvert across the canal will be paid for by the developer. Mr. Geil indi- cated there would be retention ponds along the northerly property line and the remainder will be under the parking area - trenched and piped. The motion was made by Mr. Butt and seconded by Mrs. Martin to approve the request for a Special Exception to permit construction of a 50-bed adult con- gregate living facility in an R-5 Zoning District. The motion CARRIED 7-0. Fagg Shawver - Application for a variance to permit an addition to the Cas a El Toro Lounge at U. S. 1 and Boston Road, zoned B-3. Mr. Shawver, the owner, and Mr. Wallace, speaking for the owner, were sworn In. Mr. Wallace explained that a portion of Mr. Shawver's property was taken in 1958 by the Department of Transportation when U. S. 1 was widened. As a result, t~e building encroaches 6 inches into the right of way. At the corner of Boston Road and U. S. 1 there is a greater encroachment of 25.2". He noted that this hardship was not created by the owner. The request is for permission to construct a two story addition which will be 15'4" from the property line and will sit behind a six foot cypress fence, with landscaping. Granting of the variance was recommended by the Planning Commission. Mr. Wallace explain- ed that there will be additional parking on the north side of Boston Road. A floodlight will be provided for the parking area. There was discussion about the nonconformity of the structure in that it encroached onto U. S. 1, but it was agreed that the addition itself did not add to the nonconformity of the structure. . Mr. Frank Opal was present and said that he was the Planning Board member who voted against this addition. He wants a complete investigation of this proper- ty, and wants to know why the requests for additions were turned down in the past. He objected to the fact that Mrs. Taylor had talked to the attorney about the matter over the telephone. Mr. Bennington explained that the Planning Commission approved the request because it was their decision that the addition did not add to the non- conformity of the structure. He also read from the by-laws of the Commission which state that a quorum shall consist of the majority of active membership. The vote of the majority of those mambers present who are eligible to vote shall be sufficient to decide matters before the Commission, provided there is a quorum present. In answer to Mr. Opal's comments, Mr. Garthwaite explained that the lot lS not non-conforming, in that it is large enough to build on and is zoned properly. The Motion was made by Mrs. Martin that the Board approve the variance to the setback requirements as requested. Mr. Garthwaite seconded the motion and it CARRIED 7-0. ELECTION OF VICE-CHAIRMAN Mr. Wet~el opened the floor for nominations. Mr. Gary Butt nominated Robert Garthwaite, seconded by Jimmie Newell; there were no other nominations. Mr. Wetzel closed nominations. Upon roll call vote, Mr. Garthwaite was UNANIMOUSLY elected Vice Chairman. Board of Adjustments Regular Meeting February 10, 1983 - 2 - ~ Q o MISCELLANEOUS The Chairman read the letter from Mr. Harold Brown to the Mayor and City Council in which he asked for a review of the decision of the Board of Adjustments on his request for a Special Exception to build an apartment project at 1209 South Ridgewood Avenue. The Chairman also read a letter from Mrs. Marion Meeker in which she indicated she must resign from the Board of Adjustments because the night of the meetings conflicts with her choir rehersals. Mr. Wetzel expressed his regrets, and asked the members to submit names of interested persons with a brief resume of their experience and background. The meeting was adjourned at 8:10 p.m. Minutes submitted by Joan Taylor, Secretary. ~gsfaa~~ 1fr~uI~w~nts Regular Meeting - 3 -