Loading...
03-10-1983 o o CITY OF EDGEWATER Board of Adjustments Regular Meeting Minutes March 10, 1983 Chairman Wetzel called the meeting to order at 7:00 p.m. ln the Conference area of the Community Center. ROLL CALL Members present: Messrs. Wetzel, Newell, Garthwaite, Roush, Mrs. Martin and *Mrs. Murphy. Also present: Mrs. Taylor, Secretary, and one member of the press. *Mrs. Murphy arrived approximately 10 minutes late. APPROVAL OF MINUTES Moved by Mrs. Martin and seconded by Mr. Garthwaite to approve the minutes of the February 10, 1983 meeting as submitted. M9tion carried 5-0. OLD BUSINESS Colite Industries - Applications for a variance to the sign ordinance to permit signs in excess of the 60 square feet restriction at the Winn Dixie Store and the Eckerds Drug Store in the Florida Shores Plaza, zoned B-5. The finalization of these applications was delayed, pending the result of the amendment to the sign ordinance before City Council at this time. Approval had been given by the Board at their February 10 meeting. (Ordinance 83-0-5 was delivered to the Chairman farther along in the meeting, which gave the Board the authority to rule on signs which exceeded the maximum allowable dis- play area.) NEW BUSINESS Robert H. Cochrane - Application for a variance to add a garage at 929 Flagler Mr. Cochrane was sworn in. He explained that he wanted to add the addition so that he could keep a car and a boat enclosed, and to use part of it for storage, to improve the appearance of his property. Mr. Garthwaite noted that the house is in an R-3 Zoning District, and is already a non-conforming use. Corner lots call for a side yard setback of 30 feet. By adding a 16 foot garage the nonconformance will be increased. He read a portion of Section 400.03 (a) of the Code which states that no such nonconforming structure may be enlarged which increases its nonconformity. Mrs. Murphy asked if it was not the function of the Board to grant relief from the ordinance. The criteria for granting a variance (Sec. 904.01) was reviewed by the Board. It was the concensus of the members that if the lot conformed there would be no problem, but they did not believe the nonconformity should be increased. Mrs. Murphy argued that every time the Board grants a variance they create a nonconforming condition. Mr. Garthwaite motioned that the variance not be granted, seconded by Mrs. Martin, and the motion CARRIED 5-1 to Deny the application. Mrs. Murphy voted to grant the variance. (Mrs. Murphy asked if she could vote tonight because she had not been sworn in, and was advised that she could.) Fred Vanzin - Request for variances and special exceptions to permit the construction of two duplexes in a B-3 Zoning District, with a 15 foot rear setback instead of 20. Mr. Vanzin was sworn in. He explained that he was requesting a five foot variance to the rear setback requirement, and that he had received approval to build the duplexes in 1981, but the variances and special exceptions had expired, as the interest rates were too high. He said there were no changes in his plan from that submitted before. Mr. Vanzin said the units would be one level, two bedroom. The property fronts on a 15 foot dedicated right of way, north of the Driftwood M6bile Home Park. Mr. Kroman, owner of Driftwood Mobile Home Park said that he had no objection to the specific request Mr. Vanzin has made but he stated the pr?perty immediately east of Mr. Vanzin's property drains onto his property WhlCh 11es east of that. During heavy rains the water runs off into mobile homes located there; if the rain is severe enough there is flooding ~ o o . of the patios. He fears that after Mr. Vanzin builds and there is pavement there the water runoff will be increased. He asked if provisions were being made to offset that increase of water drainage. Mr. Wetzel asked Mr. Vanzin what provisions he was making for the water retention and Mr. Vanzin said the same as is normally made, whatever they have to be according to the Building Code. When asked he was putting in swales, he said that he builds houses and he doesn't put swales in when he builds houses. If he needs a swale he will put it in. Whatever it takes. Mr. Wetzel asked if he could not make a swale in to the east of the property on the 13 feet between the duplex and the property line. Mr. Vanzin said that if it was called for by the building inspector, he would do that. Mr. Vanzin read a letter from Mr. Kroman concerning the easement between their properties, the purpose of which is to show the Board that Mr. Kroman is trying to create problems for Mr. Vanzin. Mr. Kroman said that the easement question had nothing to do with the problem he brought to the Board. Mr. Wetzel said they could put a stipulation that the project has to be passed by the engineers or the Building Inspector about a small swale or whatever is needed. Mrs. Murphy asked if he was not required to raise the level of his lot when he builds. Mr. Vanzin said he had to raise it one foot. Mrs. Martin asked that the comment from the October 8, 1981 minutes concern- ing the same request, i.e. the peculiar nature of the lots and the best and highest use for the lots, should go into the minutes. Mr. Wetzel said he had talked to someone in the neighborhood and they had commented that they thought it was a good idea. Mr. Garthwaite said that both ways, east and west, the duplex would act as a buffer. There was some discussion regarding the size of the lots; Mr. Vanzin explained that each lot measured 74.66 x 90. These would be two bedroom, with no provision for washer and dryer, and would be rental units. The motion was made by Mr. Newell that the applications for variances and special exceptions be granted and that the buildings be put up according to the Building Code, and that if he has to do something to retain the water, he must do it. The motion was seconded by Mrs. Martin. Mrs. Murphy said that she thought Mr. Vanzin should consult with an engineer about the drainage problem and then come back to the Board with that infor- mation before they approve it. She thought that saying he will do what he has to do is pretty vague. Mr. Vanzin objected to the suggestion that he go out and hire an engineer because someone raises the question, when the law does not require it. Mr. Newell was asked to restate his motion. His motion was that they grant it under the conditions that the Building Code will be followed, whatever it calls for. If he has to put a swale in to hold the water, then he'll have to put one in there. Mr. Vanzin said he would do that; whatever the building inspector tells him he should do he will do it. Mr. Garthwaite explained that they were just trying to get all the facts so that they could make an intelligent decision. He noted that there was an issue before Council tonight from the Building Code Board recommending a change in the floor elevations. Mr. Garthwaite said he would like to see the application go back to the Planning Board to clarify the drainage, the parking, etc. Mrs. Martin said that that was done before and nothing has changed. Mr. Garthwaite asked if he was intending to put up the 6 ft. fence as a buffer as he had stated in his previous application. Mr. Vanzin said he would. The Motion to approve the requests for variances and special exceptions to construct two duplexes CARRIED 6-0. Frank & Edith Roe - Variance to construct a porch at 2732 Juniper Drive Mr. Frank Roe was sworn in. He said that the porch would be enclosed glass and aluminum, 10 x 16, and would be on the rear of the house. He is asking for a 10' variance to the rear setback requirement. Board of Adjustments Regular Meeting, 3/10/83 - 2 - .. (.) o . Neighbors in the audience were not objecting to the granting of the variance, but indicated they would not like to see Mr. Roe move and sell the house after the variance was granted. Mrs. Murphy motioned to approve the variance; the motion was seconded by Mr. Roush. Mr. Garthwaite noted that he would still have a 10 ft. setback, which is what he would be required to have if the house was facing Juniper instead of Twentyeighth Street. The motion to grant the variance CARRIED 6-0. Security First Federal, Application for variance to the sign ordinance to permit two signs in excess of the 60 sq. ft. restriction, Florida Shores Plaza Mr. Wetzel explained that he had asked City Council to act on the Sign Ordinance early in their meeting, and he received a copy of the Ordinance, 83-0-5, which had passed. Mr. Garthwaite read the ordinance into the records. The Chairman noted that the two applications received from Colite Industries for variances to the Sign Ordinance, approved at the last meeting, would now be final. Mrs. Murphy said she felt the Planning Commission should have set up a criteria for the signs at the time that they approved the shopping center. Mr. Wetzel suggested she bring it up to the Planning Commission. Mr. Bob Hurd was present to represent Security First Federal. He was sworn in by the Chairman. He said that the Bank is desiring to stay within the criteria that the plaza has established in their lease. By doing that it does not comply with the sign ordinance as it stands now. He explained the bank logo and asked that they be allowed to conform to the standards they follow throughout the Florida area. Mr. Hurd said that the Plaza has a criteria for signs built into their lease. Mrs. Murphy suggested that the Board get a copy of that criteria. The bank sign will be three feet in elevation and 31 feet long; both signs will be of equal proportion. Mr. Newell motioned to grant the variance, seconded by Mr. Garthwaite. The motion CARRIED 6-0. Artdev Cor oration - Variance to the si n ordinaae to ermit two signs In excess of t e 60 sq. ft. restriction In the Flori a S ores Plaza Mr. Bob Lee with the Artdev Advertising Corporation was sworn in. Mr. Lee explained that usually the developer se~out a limitation of size of a sign. ~e di~p~aye~ a c~lor rendering of the sign he was proposing, which is an Ident~flca~lon sIgn for the Plaza. The sign he recommended is 30 feet high. One sIgn wIll be for the U. S. 1 traffic and they will provide a structure on the.Boulevard to house the other signs. The sign on Indian River Boule- v~rd wIll not have the top sign indicating Florida Shores Plaza. The signs w~ll l:>e con~tructed of 10" square tubular steel. According to Mr. Lee, the sIgn IS engIneered to withstand winds of 110 mph. or more. Mr. Garthwaite motioned to approve the variance, seconded by Mr. Roush. The motion CARRIED 6-0. MISCELLANEOUS Mr. Wetzel read.a letter from Gary Butt advising that he wished to resign from the Board of A~Just~ent due to other commitments. Moved by Mr. Newell to accept the resIgnatIon, seconded by Mrs. Martin, and CARRIED 6-0. Th~ Chairman read a letter from Perry Barrett of Ponderosa Homes in which he saId he would do more ~lanti~g as requested by Mr. Murphy, within the next ten days. There was dIScussIon about who the enforcement officer was with regard to the restrictions placed by the Board of Adjustments. The meeting was adjourned at 8:45 p.m. Mi . ---.. . nutes submItted by Joan Taylor - 3 - Board of Adjustments 3/10/83